CHAPTER 9
EXCEPTIONS AND VARIATIONS

SECTION:

9-9-1: Scope

9-9-2: Height And Area

9-9-3: Accessory Buildings

9-9-4: Yards

9-9-5: Fences 1 (Rep. by Ord. 500, 12-8-1998)

9-9-6: Fire Escapes; Rear Yard Projections

9-9-7: Multiple-Family Dwellings

9-9-8: Building Near Airport

9-9-9: Storage Buildings

9-9-10: Temporary Buildings

9-9-11: Industrial Buildings

9-9-12: Contiguous Lots

 

Notes

1	See chapter 11 of this title.

9-9-1: SCOPE:

The district regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the district regulations appearing elsewhere in this title. (Ord. 215, 9-17-1962)

9-9-2: HEIGHT AND AREA:

   (A)   Public, semipublic or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty feet (60'), and churches and temples may be erected to a height not exceeding seventy five feet (75') if the building is set back from each yard line at least one foot (1') for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.

   (B)   Single-family and two-family dwellings may be increased in height by not more than ten feet (10') when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than ten feet (10'), but they shall not exceed three (3) stories in height.

   (C)   Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers or necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted ordinances of the village. (Ord. 215, 9-17-1962)

   (D)   An accessory building or combination of accessory buildings may be built in a required rear yard, but such accessory building or combination of accessory buildings shall not occupy more than forty percent (40%) of the required rear yard. (Ord. 607, 6-12-2007)

   (E)   Whenever a lot abuts upon an alley, one-half (1/2) of the width of the alley may be considered as a portion of the required rear yard. (Ord. 215, 9-17-1962)

9-9-3: ACCESSORY BUILDINGS:

   (A)   Location Generally: When a side yard is required, no part of an accessory building shall be located closer than five feet (5') to the side lot line along such side yard. When a rear yard is required, no part of an accessory structure shall be located closer than five feet (5') to the rear lot line or closer than five feet (5') to a side lot line abutting a required rear yard. In a residential district, no detached accessory building shall be closer than ten feet (10') to any other building. Except as provided in this chapter, no accessory building or structure shall be located in any required front yard or between the front line of the principal building and the required building setback line, or front lot line.

   (B)   Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

   (C)   Size: All accessory buildings shall comply with the following:

      1.   No accessory building, or combination of accessory buildings, shall occupy more than forty percent (40%) of the area of a required rear yard. (Ord. 574, 3-9-2004)

      2.   An accessory building shall not exceed a total of nine hundred (900) square feet of floor area, except accessory buildings or combination of accessory buildings for multi-family uses shall not exceed four hundred fifty (450) square feet of floor area per residential unit. (Ord. 607, 6-12-2007)

      3.   For purposes of determining floor area, all stories with structural headroom measuring seven feet six inches (7'6") or more will be included.

   (D)   Height: All accessory buildings shall comply with the following:

      1.   Shall not exceed one story or twenty feet (20') in height if constructed as a type 5-B construction in accordance with section 606 of the BOCA national building code 1999, or shall not exceed two (2) stories or thirty feet (30') in height, if constructed as a type 5-A construction.

      2.   Any accessory building greater than fourteen feet (14') in height shall have a frost footing of sufficient design to safely support the loads imposed.

      3.   All heated accessory buildings shall have frost footings.

      4.   The height of an accessory building shall not exceed the height of the principal structure except where the principal structure is less than twenty feet (20') in height, in which case an accessory building may be up to twenty feet (20') in height.

   (E)   Location On Corner Lots: On a corner lot in a residential district no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to sixty percent (60%) of the least depth which would be required under this chapter for the front yard on such adjacent property to the rear.

   (F)   Use: In addition to the restrictions on use set forth in the definition for accessory building, no accessory building shall be used for dwelling purposes.

   (G)   Occupancy Permits And Enforcement: Under sections 9-1-2, "Occupancy Permits"; 9-1-3, "Enforcement"; and 9-1-4, "Violation" of this title; the word "building" shall be further defined to include the term accessory building whenever the word building is used in said sections. (Ord. 574, 3-9-2004)