1157.02 ACCESSORY USES AND STRUCTURES.
   All accessory uses and structures shall conform to the requirements of this Zoning Ordinance. No accessory use or structure shall be approved, established or constructed before the principal use or structure is approved, established or constructed.
   (a)   Swimming Pools. All public, commercial, or private outdoor swimming pools of three (3) feet or more in depth, either above ground or below ground, and either permanent or temporary, shall meet the following requirements in addition to setbacks and other requirements specified elsewhere for the district in which it is located:
      (1)   The setback for an above ground swimming pool from any lot line equals the required setback for accessory structures in the district in which it is located, plus one (1) foot for each foot over five (5) of pool height.
      (2)   A fence shall be erected to a minimum height of four (4) feet to completely enclose all sides of the pool not bounded by a building. A gate of equal height shall be installed and securely fastened when the pool is not in use.
      (3)   All mechanical equipment shall be located a minimum of five (5) feet from any property line.
   (b)   Dwellings. Dwellings may be permitted as accessory uses in the BD Downtown Business District if located inside the principal building, above the ground level.
   (c)   Retail Sales and Services. Retail sales and services are permitted as accessory uses when clearly incidental to the principal use. With the exception of restaurants in conjunction with a motel, such uses shall be conducted wholly within the principal building, without access thereto other than from within the building, and without exterior advertising or display. These activities shall be conducted solely for the convenience of the employees, patients, patrons, students, or visitors and not for the general retail public. In hospitals and clinics, these accessory uses may include drug stores, florists, gift and book shops, and cafeterias. In institutional settings, office buildings, hotels, country clubs, and airports, such activities may include gift and book shops, restaurants, cafeterias and coffee shops, lounges, pro shops, and beauty and barber shops.
   (d)   Satellite Dish Antennas.
      (1)   General requirements for large dishes. Satellite dish antennas larger than thirty-nine (39) inches in diameter shall be permitted in all residential districts provided such dish structures comply with the following criteria:
         A.   A building permit is required when installing, moving, or substantially constructing or reconstructing such a dish antenna.
         B.   Installation shall be in compliance with the manufacturer's specifications at a minimum.
         C.   In all residential districts, dish antennas must be permanently installed on the ground and shall not exceed twelve (12) feet in diameter.
         D.   In business and industrial districts, dish antennas may either be installed on the ground or on the roof of the building. If installed on the roof, the dish shall not be larger than twelve (12) feet in diameter, shall not project higher than ten (10) feet above the maximum building height of the zoning district or more than one third (1/3) the actual building height above the roof, whichever is less, shall be set back from the front and sides of the building at least eighteen (18) feet and shall not be used for any advertising purposes. A dish antenna may be installed on the top of another part of the building which is lower than the roof, such as a balcony or parking deck, only if such location is at the rear or side of the building and all other requirements are met.
         E.   A dish antenna may be attached to an accessory building which is permanently secured to the ground, but may not be attached to the principal building except as provided above.
         F.   If a dish antenna is repainted, the only permissible colors are the original color used by the manufacturer, off-white, pastel beige, grey, or pastel grey-green. The paint must have a dull (nonglossy) finish and no patterns, lettering, or numerals shall be permitted on either side of the dish surface.
         G.   No dish antenna shall be installed in any public right-of-way or in any drainage or utility easement.
         H.   Dishes may not contain advertising or otherwise be used as signs.
      (2)   Location In yards.
         A.   A dish antenna shall be installed in the rear yard only, in all districts except as provided for above and below.
         B.   In business and industrial districts only, a dealer selling dish antennas may have a maximum of one (1) such antenna installed in the front or side yard for display purposes providing all other requirements are met. If a dealer displays a dish antenna in front or side yard, his permissible sign area shall be reduced by one half (½).
      (3)   Setback requirements.
         A.   The minimum required setback for dish antennas, from the side lot line, shall be the same as for the principal building except on corner lots. On the side abutting the street, the minimum required setback shall be the same as the required front yard setback along that street.
         B.   The minimum required setback for dish antennas from the rear lot line shall be six (6) feet or the same as accessory buildings, whichever is greater, but in no case shall any part of the antenna come closer than one (1) foot to the property line.
         C.   In districts where there are no side yard or rear yard requirements, a minimum setback of six (6) feet from the side and rear lot lines shall be required of dish antennas, but in no case shall any part of the antenna come closer than one (1) foot to the property line.
         D.   In all cases no dish antenna shall be located within fifteen (15) feet of any street right-of-way.
      (4)   Maximum height requirements.
         A.   In all residential districts, the maximum height of dish antennas shall be fifteen (15) feet or the height of the principal building, whichever is less.
         B.   In business and industrial districts, the maximum height of dish antennas installed on the ground shall be twenty (20) feet. Dish antennas mounted on the roof of a building shall not project higher than ten (10) feet above the maximum building height of the district or more than one third ( ) the actual building height above the roof, whichever is less.
      (5)   Buffering requirements.
         A.   In all residential districts dish antennas shall be surrounded on all sides with any one or combination of evergreen vegetation, topography, landscaped earth berm, or architectural features such as fences or buildings, so that view of the lower one half (½) of the dish area is restricted from all public streets and six (6) feet above ground level of abutting residential property. If evergreen vegetation is used, a species and size may be planted which can be expected to screen the required area within two (2) years of normal growth. Any screening vegetation which dies must be replaced.
         B.   In business and industrial districts, dish antennas must be screened from view from abutting residential property and residential streets. The screening requirements as to materials and height shall be the same as in subsection (d)(5)A hereof.
      (6)   General requirements for small dishes. Dishes less than thirty-nine (39) inches in diameter shall be permitted in all residential districts provided such dish structures comply with the following criteria which are hereby established to protect the health and safety of residents and motorists, by providing for safe installations of dish structures which do not constitute hazards to persons or properties, which do not obstruct vehicular sight lines, and which are consistent with and preserve the established aesthetic character of the Village:
         A.   All free-standing installations shall be located in compliance with the setback regulations for the zoning district in which such installations are located. Each free-standing installation shall have an adequate base as determined by the Building Inspector.
         B.   All wiring from a free-standing dish to the buildings which it serves shall be installed underground to minimize the safety hazards associated with exposed wiring.
         C.   Any dish mounted on the roof or attached to the wall of any structure shall be designed and constructed so as not to create undue loading or stress on building components and in a manner acceptable to the Building Inspector.
         D.   In order to minimize wind loading, roof installations shall be accomplished so that the top of the satellite dish does not extend above the ridge line of the roof.
         E.   Each dish shall, to the extent possible, be harmonious in color with the building surface to which it is attached.
(Ord. 98-12. Passed 4-7-98.)
   (e)   Fences and Walls.
      (1)   Permit required. No person shall erect or alter a fence or wall without first obtaining a permit from the Village Zoning Inspector.
      (2)   General restrictions.
         A.   No fence or wall shall be erected, constructed or maintained which because of its design or materials is likely to inflict bodily harm to persons or animals.
         B.   No wall or fence shall be erected, constructed or maintained which interrupts, impedes or otherwise alters the natural flow of storm water.
         C.   All fences and walls shall be erected with the finished side facing outward and shall be maintained in good, structurally sound condition.
      (3)   Location and height requirements.
         A.   Fences and walls enclosing front and side yards in any District shall not exceed a maximum of four (4) feet in height. Fences and walls enclosing front yard areas in "R" and "PUD" Districts shall be decorative in nature and no chain link fences shall be permitted in such areas.
         B.   Fences and walls enclosing rear yards shall not exceed a maximum of six (6) feet in height, except in "B" or "I" Districts where fences may be erected to a maximum height of ten (10) feet, provided that such fences are designed and installed with a minimum of fifty percent (50%) of the fence area open to permit clear vision through the plane of the fence.
         C.   The height of a fence or wall shall be measured from the finished grade of the ground on which it is erected.
(Ord. 98-29. Passed 9-1-98.)
   (f)   Accessory Buildings.
      (1)   No lot shall contain more than two (2) accessory buildings and the total gross floor area of all accessory buildings on any lot shall not exceed 960 square feet except as provided in paragraph (f)(2) hereof.
      (2)   In General Business Districts (BG) and Light Industrial Districts (IL), the Planning Commission may, as part of the Site Plan approval process pursuant to Chapter 1153 of this Zoning Code, authorize accessory buildings of such number and size as the Commission determines to be reasonable and appropriate on the site. In Residential - Single-Family Districts (R-SF1) and Residential - Two-Family Districts (R-2F) for lots in excess of 30,000 square feet in area, the gross floor area of accessory buildings may be increased 80 square feet for each 2,000 square feet of lot area in excess of 30,000 square feet.
   (g)   In-Law Suites. In-law suites used as an adjunct to and physically connected by a permanent non-locking interior door within a single family dwelling are permitted accessory uses subject to the following requirements:
      (1)   The maximum number of individuals residing in the in-law suite shall be two (2).
      (2)   Only individuals related by blood or marriage to one or more of the occupants of the single family dwelling may occupy the in-law suite.
      (3)   The in-law suite shall not contain cooking facilities.
      (4)   The in-law suite shall not exceed seven hundred and fifty (750) square feet.
      (5)   The in-law suite shall not be rented.
(Ord. 2004-12. Passed 8-3-04; Ord. 2008-27. Passed 12-30-08; Ord. 2018-21. Passed 4-4-18.)