The Village Building Inspector, in reviewing
building permits, may grant modifications to the terms of this chapter
as provided herein.
The district height limitations stipulated elsewhere
in this chapter may be exceeded, but such modification shall be in
accord with the following:
A.
Architectural projections, such as spires, steeples,
belfries, parapet walls, cupolas, domes, flues, and chimneys, are
exempt from the height limitations of this chapter.
B.
Special structures, such as elevator penthouses, gas
tanks, grain elevators, observation towers and scenery lofts, manufacturing
equipment and necessary mechanical appurtenances, cooling towers,
fire towers, substations, and smokestacks, are exempt from the height
limitations of this chapter.
C.
Essential services, utilities, water towers, and electric
power and communication transmission lines are exempt from the height
limitations of this chapter.
D.
Communication structures in residential districts,
such as radio and television transmission and relay towers, aerials,
and radio and television receiving and transmitting antennas, shall
not exceed a height equal to their distance from the nearest lot line
and in no event shall exceed 50 feet in height.
[Amended 9-13-2021 by Ord. No. 16-21]
E.
Agricultural structures, such as barns, silos, and
windmills, shall not exceed in height twice their distance from the
nearest lot line.
F.
Public or semipublic facilities, such as schools,
churches, hospitals, monuments, sanatoriums, libraries, governmental
offices and stations, may be erected to a height of 60 feet, provided
all required yards are increased not less than one foot for each foot
the structure exceeds the district's maximum height requirement.
The yard requirements stipulated elsewhere in
this chapter may be modified as follows:
A.
Uncovered stairs, landings, and fire escapes may project
into any yard but not closer than 10 feet to any lot line.
B.
Architectural projections, such as chimneys, flues,
sills, eaves, belt courses, and ornaments, may project into any required
yard, but such projection shall not be more than two feet into any
such required yard.
[Amended 6-6-1994 by Ord. 21-94]
C.
Residential fences are permitted in residential districts
but shall not in any case exceed a height of six feet, shall not exceed
a height of four feet in the street yard and shall not be closer than
two feet to any public right-of-way or easement. Fences may be located
on side and rear lot lines provided there are no easements along such
lot lines.
[Amended 10-7-1996 by Ord. No. 33-96]
D.
Security fences are permitted on the property lines
in all districts except residential districts but shall not exceed
10 feet in height and shall be of an open type similar to woven-wire
or wrought-iron fencing. Security fences may not be located on or
over any utility easement.
[Amended 3-13-2006 by Ord. No. 10-06]
E.
Accessory uses and detached accessory structures are
permitted in the rear yard only. They shall not be closer than five
feet to the principal structure, shall not exceed 20 feet in height,
shall not occupy more than 20% of the rear yard area in all districts
except the business districts, where such uses and structures shall
not occupy more than 75% of the rear yard area, and shall not be closer
than three feet to any lot line or five feet to an alley line.
[Amended 10-7-1996 by Ord. No. 33-96; 1-12-2004 by Ord. No. 3-04]
F.
Off-street parking is permitted in all yards of all
districts but shall not be closer than three feet to a side lot line,
right-of-way, or rear lot line.
G.
Essential services, utilities, and electric power
and communication transmission lines are exempt from the yard and
distance requirements of this chapter.
H.
Landscaping and vegetation are exempt from the yard
requirements of this chapter.
Additions in the street yard of existing structures
shall not project beyond the average of the existing street yards
on the abutting lots or parcels.
The required street yards may be decreased in
any residential or business district to the average of the existing
street yards of the abutting structures on each side but in no case
less than 15 feet in any residential district and five feet in any
business district.
Structures shall provide a street yard as required
by this chapter on the street that the structure faces. A second street
yard shall be provided on the side of the structure abutting a second
public or private street.
[Amended 8-1-1994 by Ord. No. 26-94]
A.
A lot which does not contain sufficient area to conform
to the dimensional requirements of this chapter but which is at least
50 feet wide and 6,000 square feet in area may be used as a single-family
building site, provided that:
(1)
The use is permitted in the zoning district;
(2)
The lot is of record in the County Register of Deeds
office or is contained in a preliminary plat which has been submitted
to the Village Plan Commission prior to the effective date of this
chapter; and
(3)
Except in the case of such a preliminary plat, the
lot is in separate ownership from abutting lands.
B.
If two or more substandard lots with continuous frontage
have the same ownership as of the effective date of this chapter,
the lots involved shall be considered to be an individual parcel for
the purpose of this chapter, except where said lots are contained
in a preliminary plat which has been submitted to the Village Plan
Commission after January 1, 1994, but prior to the effective date
of this chapter.
C.
Substandard lots granted permits under this section
shall be required to meet the setback and other yard requirements
of this chapter, except that there may be a minimum side yard of 10
feet measured from the nearest point of the principal structure, excluding
roof eaves. A building permit for the improvements of a lot with lesser
dimensions and requisites than those stated above shall be issued
only after a variance by the Zoning Board of Appeals. A variance shall
not be granted if the lot at any time was conveyed to another owner
where the common ownership of adjoining lots existed unless a variance
was granted for the conveyance.[1]
[Amended 5-14-2007 by Ord. No. 7-07]
