(A) Purpose. The village recognizes that some structures could be constructed in excess of the restrictions set forth in § 154.12 while still promoting the village's goals of maintaining an attractive appearance, property values, and residential character, and that many properties are unique such that no rule will apply equally to all properties. It is the village's intent to allow for some structures which may exceed said restrictions as long as the Board of Zoning Appeals determines that the structures are of an appropriate size, height, construction, dimensions, and appearance so as not to detract from the stated goals.
(B) Notwithstanding the restrictions set forth in § 154.12, accessory structures may be constructed or maintained in excess of said restrictions if the applicant demonstrates that all of the following conditions are satisfied as determined by the Board of Zoning Appeals:
(1) The construction and use of the structure will not be detrimental to the peaceful use and occupancy of nearby properties.
(2) The construction and use of the structure will not have a detrimental effect upon the property values in the neighborhood.
(3) The design and appearance of the structure will not have an adverse impact on the residential quality of the neighborhood.
(a) The appearance and construction of accessory structures shall compliment and be consistent with the appearance and architectural style of the principal structure on the same lot, as well as generally with accessory structures on adjoining and nearby properties. Accessory structures must appear, and be used in a manner that is, subordinate to the primary structure.
(b) The design, appearance, and construction of accessory structures should be consistent with and complement the principal structure and the residential character of the neighborhood, including the use of similar building materials, colors, and type of construction. Siding and exterior walls and roofs must approximate the size, color, appearance, and materials as exists on the principal structure and shall be residential in character. Vertical siding should not be utilized unless it comprises less than 30% of the surface area of the entire structure, unless a greater percentage of vertical siding is also used on the principal structure on the same lot in which case the percentage shall be substantially similar. If the principal structure has brick siding, an accessory structure must either:
1. Use similar brick or masonry materials on the front of the structure, and brick or masonry trim or accent elements matching similar components on the principal structure; or
2. Use siding materials resembling at least one other non-brick accessory structure on an adjacent property. The color and texture of exterior wall materials of an accessory structure must be similar to, although not exactly the same as, the principal residence.
(c) All siding and exterior walls must be residential in character. If vinyl, metal, or similar materials are used, it must simulate wood in appearance, such as using bevel or lap siding.
(d) Roof lines and roofing materials on the accessory structure must be substantially similar to that on the principal structure. Flat roofs are not permitted on an accessory structure unless at least half of the principal structure has a flat roof.
(e) Windows must be placed on at least two walls of an accessory structure. The size and dimensions of windows on an accessory structure must be proportionate with the principal structure.
(f) Avoid large expanses or areas of a single material, color, or texture. Use windows and other architectural features to break up a monotonous plane.
(g) Structures must be made of durable and rigid materials that have an attractive appearance suitable for the residential area in which the structure is located. Varied architectural styles are encouraged provided that neighborhood compatibility and architectural integrity are maintained. Structures must be made of such materials, textures, and details that contribute to the visual interest of the structure and to avoid monotony. It is not the intent of the Village to require or prohibit a specific building material, except as otherwise stated herein, as long as materials are utilized to enhance, and not detract from, aesthetics and property values.
(h) Accessory structures should appear consistent with similar buildings in the immediate area and shall reflect a consistent suburban aesthetic. Accessory structures that are rural, agricultural, commercial, or industrial in character, or appearance, or use are not allowed unless they are expressly permitted in this code.
(4) Carports may only be used for the parking of vehicles and not for storage of other personal property. Storage of personal property, other than vehicles, must be in an enclosed structure.
(5) An accessory structure may be approved as a conditional use to contain a dwelling unit or other space fit for human habitation, or home business or home occupation, if it meets all other requirements set forth in this code.
(C) Applications for conditional approval of an accessory structure under this section shall comply with the following:
(1) Applications must be submitted to the Village Manager on a form provided by the village. If the Village Manager determines the application is complete, a hearing shall be scheduled at the next available meeting of the Board of Zoning Appeals at least 21 days after the determination to allow for proper notification to interested parties. Upon scheduling a hearing, the Village Manager shall cause notice of the hearing to be provided to interested parties in the same manner as for applications for variances before the Board of Zoning Appeals.
(2) The application shall include the following information at a minimum:
(a) Plot plan drawn to scale showing.
1. Property lines and dimensions.
2. All existing and proposed structures and their dimensions.
3. Distances from nearby property lines and the principal structure relative to all accessory structures, existing or proposed.
(b) Construction details.
1. Building height.
2. Whether a foundation, slab, or other such support will be utilized.
3. The method for anchoring or securing the structure to the ground.
4. Elevation views and grade lines.
5. Materials to be used in construction, including but not limited to the color and appearance of the completed structure, and materials to be used for exterior walls, siding, and roofing, if any.
(3) No construction or site preparation is permitted until final approval by the Board of Zoning Appeals.
(4) All work must be performed in accordance with the application, plans, and other information submitted to the village unless otherwise modified by the Board of Zoning Appeals.
(D) Structures approved under this section constitute a conditional use on the property upon which the structure is situated. Upon approval by the Board of Zoning Appeals, the Village Manager will issue the property owner upon which the structure is located a written conditional use permit which incorporates said approval. Noncompliance with the permit is cause for revocation of the permit as determined by the Village Manager. The permit runs with the land unless revoked or terminated as provided for herein.
(E) Upon consideration of an application for a conditional use, the Board of Zoning Appeals may approve the application, deny the application, or approve the applications with conditions.
(Ord. 2018-13, passed 2-11-19)