Article X Accessory Uses and Structures; Fences

In a residential district a maximum of one attached garage may be placed on a lot, if such attached residential garage meets the requirements set forth in this § 458-84.

In any zoning district, a maximum of two detached accessory buildings or structures, including detached garages, may be placed on a lot in addition to an attached garage, if such detached accessory buildings and structures meet the requirements set forth in this § 458-84.

Size limits for attached residential garages. One attached garage per dwelling unit shall be permitted on residential lots, and the dimensions of said attached garage shall be as follows:

The maximum square feet of attached garage floor area shall be limited to the smaller of either 1,000 square feet or the first floor dwelling unit area in the case of a single-family residence.

The maximum square feet of attached garage floor area shall be limited to the smaller of either 600 square feet or the first floor dwelling unit area in the case of a duplex, two-family dwelling, or multifamily dwelling.

Height and setback requirements for attached residential garages.

Attached residential garages shall comply with the setback requirements for the principal building.

When accessory buildings are attached to the principal building by a breezeway, passageway or similar means, they become part of the principal building and shall comply in all respects with the yard requirements and local building code requirements for the principal building.

Size limits for detached accessory buildings and structures. Two detached accessory buildings or structures per lot shall be permitted, and the combined area of the detached accessory building(s) and structure(s) shall not occupy more than 30% of the area of the required rear yard or exceed 5,000 square feet in total area, whichever is more restrictive. The dimensions of any swimming pool, tennis court, and other detached accessory building or structure shall be included in the determination of available lot area coverage for detached accessory buildings and structures.

Height and setback requirements for detached accessory buildings and structures.

Detached accessory buildings and structures shall be less than 20 feet in height. Detached residential accessory buildings' and structures' roof pitch shall not exceed the steepest pitch of the principal building or structure.

No detached accessory building or structure shall be located within five feet of any other accessory building or structure.

Detached accessory buildings and structures shall comply with the setbacks required for the zoning district in which they are located.

A detached accessory building or structure shall not be nearer than 10 feet to the principal building or structure unless the applicable building code regulations in regard to one-hour fire-resistive construction are complied with.

(5)

In no event can a detached accessory building or structure be forward of the front line of the principal building or structure.

Use restrictions - residential district. Accessory uses or structures in residential districts shall not involve the conduct of any business, trade or industry except for home occupations as permitted by § 458-41 and shall not be occupied as a dwelling unit. Accessory buildings and structures shall not be used for residential purposes. Under no circumstances may a tent or recreational vehicle be used as a dwelling or an accessory structure.

Corner lots. When an accessory building or structure is located on the rear of a corner lot, it shall not be located beyond the front yard required on the adjacent interior lot to the rear, nor nearer than three feet to the side line of the adjacent building or structure.

Landscaping uses. Accessory structures and vegetation used for landscaping and decorating may be placed in any required yard area. Permitted structures and vegetation include flag poles, ornamental light standards, lawn furniture, sundials, birdbaths, trees, shrubs, flowers, and gardens.

Temporary accessory uses. Temporary accessory uses, such as real estate sale field offices or shelters for materials and equipment being used in the construction of the permanent structure, may be permitted by the Zoning Administrator.

Garages in embankments in front yards. Where the mean natural grade of a front yard is more than eight feet above the curb level, a private garage may be erected within the front yard, provided as follows:

That such private garage shall be located not less than five feet from the front lot line;

That the floor level of such private garage shall be not more than one foot above the curb level; and

That at least 1/2 the height of such private garage shall be below the mean grade of the front yard.

Outdoor lighting. Outdoor lighting installations shall not be permitted closer than three feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed 15 feet in height and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties and shall not register more than 1/2 footcandle at the property line.

Lawn accessories. Walks, drives, paved terraces and purely decorative garden accessories, such as pools, fountains, statuary, sundials, flag poles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line.

Retaining walls. Retaining walls may be permitted anywhere on the lot; provided, however, that no individual wall shall exceed six feet in height, and a terrace of at least three feet in width shall be provided between any series of such walls. (See § 458-88.)

Children's play structures. For purposes of this section, nonportable children's play structures, including playhouses, treehouses or elevated play structures and climbing gyms, shall be considered accessory structures for purposes of complying with the setback requirements of this section, whether such play structures are placed on a foundation or not. Portable swing sets, slides and sandboxes are not considered children's play structures for purposes of this section. A building permit is not required for the construction of a play structure. Play structures shall not be used for storage or be constructed out of materials that would constitute a nuisance.

Terrace area restrictions. In addition to the definitions and restrictions contained in Chapter 392, Streets and Sidewalks, of the Village's Code, no person shall place any accessory structure or use, including landscaping ornaments, stones and basketball backboard/hoops, in the terrace area.

Offensive uses prohibited. No accessory use shall be dangerous, obnoxious or offensive to persons residing in the vicinity, nor shall it impair the use, enjoyment or value of any property.

Prohibited dwelling use. No accessory dwelling unit in any residential district shall be used or let for living purposes, whether for compensation or not.

Gardening. Home gardening is a permitted accessory use on any dwelling lot or the principal use on any vacant lot or parcel.

Dog houses/runs. Dog houses and/or runs shall comply with the setback requirements for accessory structures in that district.

Agricultural structures. Agricultural structures in properly zoned districts, such as barns, silos and windmills, shall not exceed in height twice their distance from the nearest lot line.

Variances. As permitted and authorized by § 458-102 of this chapter, a party may submit a request for a variance to the requirements of this § 458-84 when such party can submit proof that strict adherence to the provisions of this § 458-84 would cause him/her undue hardship or create conditions causing greater harmful effects than the initial condition.

§ 458-85 Outside storage of firewood.

No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 30 days from the date of its delivery.

Firewood should be neatly stacked and may not be stacked closer than two feet to any lot line and not higher than six feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. "Fences," as used in this section, shall not include hedges and other vegetation.

All brush, debris and refuse from processing of firewood shall be promptly and properly disposed of within 15 days and shall not be allowed to remain on the premises.

Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the provisions of this Code.

Not more than 20% of the side and rear yard may be used for storage of firewood at any one time.

§ 458-86 Fences.

Fences defined. For the purpose of this section, a "fence" is defined as an enclosed barrier consisting of wood, stone or metal intended to prevent ingress or egress. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

Fences categorized. Fences shall be categorized into the following classifications:

Boundary fence. A fence placed on or within three feet of the property lines of adjacent properties.

Protective fence. A fence constructed to enclose a hazard to the public health, safety and welfare.

Architectural or aesthetic fence. A fence constructed to enhance the appearance of the structure or the landscape.

Height and placement of fences regulated.

Residential fences six feet or less in height are permitted on rear and side lot lines. Residential fences less than or equal to three feet in height are permitted in the street yard setback area but shall not be closer than two feet to any public right-of-way. All fences must be constructed and maintained in a good state of repair and appearance.

Vision clearance.

(a)

In order to provide adequate vision clearance on corner lots, no fence shall be erected or maintained within the triangular space formed by two intersecting street, alley or driveway (public or private) property lines and a line joining points on such property lines (or projections thereof) located less than:

[1]

A minimum of 20 feet from the intersection of the two street property lines;

[2]

A minimum of 15 feet from the intersection of the two alley property lines; or

[3]

A minimum of 10 feet from the intersection of the two driveway property lines.

(b)

Street or alley property lines are measured from the right-of-way or easement lines establishing such street or alley. Driveway lines are measured from the easement establishing such driveway or, in the case of no easement, from the edge of the driveway surface.

In any residential district or on any lot or premises, the principal use of which is for residential purposes, no lengthwise fence or other lengthwise barrier or obstruction shall be erected, placed, installed or reinstalled in any area where there is a distance between main residential buildings of 10 feet or less.

No fence or wall shall be erected, placed or maintained along a lot line on any nonresidentially zoned property adjacent to a residentially zoned property to a height exceeding eight feet.

Setback for residential fences. Fences in or adjacent to a residential property (or property primarily residential in use) are permitted on lot lines. Fences may be constructed alongside lot lines but shall not extend into the front setback area as extended to the side lot lines.

Security fences. Security fences are permitted on the property lines in all districts except residential districts but shall not exceed eight feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

Prohibited fences.

No fence shall be constructed which is of a dangerous condition or which uses barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are eight feet above the ground or higher and project toward the fenced property and away from any public area.

Although fences which conduct electricity or are designed to electrically shock are generally prohibited, such fences using smooth wire are allowed for the limited purpose of deer control.

No woven, twisted, welded or interlaced wire fence, such as fences using chicken wire, shall be located in a nonindustrial district, unless such fencing is ornamental in character. Fences utilizing a chain link design are permissible in all districts.

No wood-slat or plastic snow fence shall be permitted as a regular use in a residential district, except as a temporary use under Subsection H.

Fences to be repaired.

All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

Any existing fences which do not conform to the requirements of this section and which are damaged or in need of repair to the extent that exceeds 50% of the then value of the fence, said entire fence shall either be completely dismantled or reconstructed in compliance with the provisions of this section.

All new and existing fences shall be maintained in such a manner so as not to allow rust, dents or deterioration to take place. If a fence needs repair and maintenance, said fence shall be painted or stained in only neutral colors. Failure to maintain a fence in good condition and repair will result in the Village issuing an order to the property owner to take whatever steps are necessary to correct the condition. Said notice shall set forth a reasonable time for compliance and shall set forth a notice that failure to comply will result in a violation and with a penalty as set forth in Chapter 1, Article II, General Penalty, of this Code.

Temporary fences.

Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days.

This section is not intended to regulate seasonal or temporary fence, such as garden or snow fences, except that such fences shall be removed when the condition or season for the said fence was erected no longer exists. There shall be no fee for any such seasonal or temporary fence.

Visibility; open spacing requirement for commercial/industrial fences.

In any nonresidential area, fences shall be of such type and construction that shall allow people outside the fence to see through it without hindrance. However, if a residence exists in a nonresidential zone, a fence may be constructed pursuant to the requirements of Subsection I(2) below. In an industrial area where barbed wire is used, the lowest strand shall be a minimum of seven feet above the grade.

PRIVATE OR RESIDENTIAL SWIMMING POOL

All fences hereafter erected or constructed shall provide openings for a passage of air equivalent to 25% of the surface area of the fence and shall have the structural components thereof facing the side of the property for and on which the same are erected. In residential areas where privacy is desired, privacy fences with less than such 25% open spacing may be erected, provided such fence may not extend farther than 25% from the main rear line of such residence. A fence situated in a residential area shall be constructed only of wood or chain link type fencing. Fences shall not be constructed of luminous materials or smooth or corrugated metal materials. All fences, including privacy fences, if said fence is to be stained or painted by the property owner or on his/her behalf, shall be stained or painted in only neutral colors.

Special purpose fences. Fences for confining dogs, etc., shall not exceed seven feet in height and shall be no larger than necessary for such purpose and shall conform to the building setbacks of this chapter. Swimming pool and hot tub fences shall comply with the requirements of § 458-87.

Height determination. The height of any fence erected under this section shall be determined by the measurement from the uppermost point of the fence to the existing ground level of the property.

Nonconforming fences. Any fence existing on the effective date of this chapter and not in conformance with this section may be maintained, but alterations, modifications or improvements of more than 50% of said fence shall require the owner to bring the fence into compliance with this section.

Fence permit required. No person shall erect a fence in the Village without first obtaining a fence permit from the Village and paying the required permit fee. The applicant shall provide the Zoning Administrator with accurate design information for the proposed fence. Permits may only be issued for proposed fences complying with this section.

Location determination. The property owner erecting a fence is solely responsible for ensuring that the fence is located properly on his/her property.

§ 458-87 Swimming pools and hot tubs.

Definition. As used in this section, the following term shall have the meaning indicated:

An outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than two feet, located above or below the surface of ground elevation, having an area greater than 150 square feet, used or intended to be used solely by the owner, operator or lessee thereof and his/her family, and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.

Exempt pools. Storable children's swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 24 inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this section.

Permit; construction requirements. In addition to such other requirements as may be reasonably imposed by the Zoning Administrator, the Zoning Administrator shall not issue a permit for construction or installation of a swimming pool or hot tub unless the following construction requirements are observed and the fee as prescribed in the current Village Fee Schedule on file in the Village offices is paid:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]

All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements for pool or hot tub installation shall be in accord with all state regulations and with any and all ordinances of the Village now in effect or hereafter enacted.

All plumbing work shall be in accordance with all applicable ordinances of the Village and all state codes. Every private or residential swimming pool or hot tub shall be provided with a suitable draining method and, in no case, shall waters from any pool or hot tub be drained into the sanitary sewer system or onto lands of other property owners adjacent to that on which the pool is located on in the general vicinity.

All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool or hot tub, shall be in conformance with the state laws and Village ordinances regulating electrical installations.

Setbacks and other requirements.

Private swimming pools or hot tubs shall be erected or constructed on rear or side lots only and only on a lot occupied by a principal building. No swimming pool or hot tub shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

No swimming pool or hot tub shall be located, constructed or maintained closer to any side or rear lot line than is permitted in this chapter for an accessory building, and in no case shall the water line of any pool or hot tub be less than six feet from any lot line.

Swimming pools and hot tubs shall not be constructed in the front yard or in a required corner side yard.

Swimming pools, either open or enclosed, shall be considered the same as accessory buildings for purposes of calculating the maximum area they may occupy in a required rear yard.

Enclosure.

Fence; in-ground pools. All outdoor, below-grade swimming pools shall have a fence or other solid structure not less than four feet in height completely enclosing the pool with no opening therein (other than doors or gates) larger than three inches square. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use.

Aboveground pools; pool wall barrier.

(a)

Pools within the scope of this section which are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool or shall have a cover or other protective device over such swimming pool of such a design and material that the same can be securely fastened in place and when in place shall be capable of sustaining a person weighing 250 pounds. Such cover or protective device shall be securely fastened in place at all times when the swimming pool is not in actual use for swimming or bathing purposes. Such fence or wall shall be not less than four feet in height and so constructed as not to have voids, holes or openings larger than four inches in one dimension. Gates or doors shall be kept locked while the pool is not in actual use.

[Amended 5-13-2018 by Ord. No. 02-2019]

(b)

The pool enclosure may be omitted where portable pools are installed above ground and have a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of 36 inches high on the top.