In addition to the district-specific regulations that apply to accessory uses and structures per § 1266.04, the following additional regulations apply to accessory uses and structures in districts where they are permitted.
(a) Generally.
(1) Accessory uses and structures may not encroach into required landscaping and buffer areas.
(2) Accessory uses and structures shall require conditional use approvals when specified elsewhere in this Code.
(b) Permanent Outdoor Storage.
(1) Outdoor storage is a conditional use in the Heavy Commercial, Industrial Flex-1, General Industrial and Industrial Truck Center Districts, and is otherwise prohibited. When so permitted, approval of such storage shall be pursuant to the requirements of Chapter 1282 Conditional Uses.
(2) Nothing in this § 1266.09(b) shall prohibit, within the commercial or industrial districts, the location of displays of items sold on the premises under covered walkways which are part of the main building on a lot, and do not extend eight feet beyond the front facing of the main building. Common walkways must remain free of encumbrances.
(3) Additional permanent outdoor storage requirements in the commercial districts.
A. In the GC General Commercial District, storage in partially open buildings or structures is prohibited.
B. In the HC Heavy Commercial District, storage in partially open buildings and structures may be permitted provided that, in addition to any conditions imposed by a conditional use approval, there is a structure housing the outdoor storage which is enclosed by a roof and three walls.
(c) Permanent Outdoor Display and Sales.
(1) Outdoor display and sales is a conditional use in the HC, ITC, GI, IF-1, and IF-2 Districts, and is otherwise prohibited. When so permitted, approval of such display and sales shall be pursuant to the requirements of Chapter 1282 Conditional Uses.
(2) Nothing in this § 1266.09(c) shall prohibit, within the commercial or industrial districts, the location of displays of items sold on the premises under covered walkways which are part of the main building on a lot, and do not extend eight feet beyond the front facing of the main building. Common walkways must remain free of encumbrances.
(d) Parking and Storage of Vehicles.
(1) Provisions governing off-street parking and storage of vehicles in any district.
A. Definitions. For the purpose of this section the following definitions shall apply:
1. “Stored vehicle” is any operable vehicle that remains on premises for greater than 24 hours during any time Monday through Friday. All inoperable vehicles located on premises are considered “stored vehicles.”
2. “Parked vehicle” is any operable vehicle that does not fit the definition of “stored vehicle”. Parked vehicles are subject to the limitations in Chapter 1258, Off-Street Parking and Loading.
B. Storage of inoperable vehicles. No vehicle incapable of being lawfully driven or used for the purpose or use for which it was designed shall be stored in any parking lot or parking area in the Village.
1. Exception: Vehicles awaiting parts or timely repair at an automotive service station or garage, light truck and equipment repair service, or heavy truck and equipment repair service, may be parked for up to 14 days.
C. Surfaces.
1. No motor vehicle shall be parked or stored in any unpaved area.
2. All floors of garages must be paved with concrete or similar material.
(2) The following provisions shall govern the off-street storage of all vehicles in all districts. These regulations shall apply to all stored vehicles, regardless of the use to which the vehicle is put or intended or designed to serve.
A. Storage of vehicles in garages. Vehicles may be stored in a completely enclosed garage, provided that said garage complies with all applicable provisions of this Code.
B. General regulations and standards. The following additional standards and regulations shall apply to the storage of vehicles in parking areas.
1. Permanent location prohibited. No vehicle shall have its wheels removed or be affixed to the ground so as to prevent its ready removal.
2. Residential use prohibited. No vehicle shall be used for living, sleeping, or housekeeping purposes.
3. Utility hookups. No vehicle shall be connected to any public utility except for required servicing.
4. Unsafe conditions. No vehicle shall be stored so as to create a dangerous or unsafe condition. The ground under or surrounding the location wherein a vehicle is stored shall be free of noxious weeds, debris, and combustible material.
5. Commercial identification prohibited. Not more than one vehicle with any exterior marking in excess of one square foot in area identifying or advertising a commercial enterprise shall be stored in any parking area on any lot in the Residential District, nor shall any such vehicle be stored in any required front or corner side yard in the Residential District.
(e) Satellite Dish and Antennas.
(1) Purpose and applicability.
A. The purpose of this division is to ensure that satellite dish and antennas, other than those similar structures to which Chapter 1263 apply, are neutral in color and, to the extent possible, compatible in character and appearance with the surrounding neighborhood or area of the zoning districts in which they are located.
B. In the Residential District, these provisions only apply to satellite dishes or antennas greater than 24 inches in diameter.
(2) Additional regulations.
A. Roof-mounted satellite dish and antennas.
1. Roof-mounted satellite dish and antennas are limited to a diameter of not greater than 24 inches.
2. The satellite dish or antennas may only be erected on the roof of the principal building.
3. The satellite dish or antennas shall be screened from view from a public street as directed by the Planning Commission.
B. Ground-mounted satellite dish and antennas.
1. Ground-mounted satellite dish and antennas are limited to a diameter of not greater than 24 inches.
2. Screening of ground-mounted antennas and support structures. The visual impact of such antennas shall be reduced by screening approved by the Planning Commission. Ground-mounted antennas and antenna support structures, shall be buffered and screened by a perimeter landscaped yard equal in width to the applicable required yard or ten feet, whichever is more, and consisting of a densely planted evergreen hedge of not less than six feet in height, in combination with other landscaping materials. Such screening shall be provided between any such ground-mounted antenna or antenna support structure and each lot line of the property on which such antennas or antenna support structure is located so as to provide the maximum reasonably achievable screening, as determined by the Building, Planning & Zoning Manager, of such antenna and antenna support structure from view from adjacent properties and public or private streets.
(f) Outdoor Lighting.
(1) Purpose. The regulations established in this division are designed and intended to prevent excessive spillover of light and glare from the zoning lot on which the light source is located. The standards contained in this division are deemed to be the minimum standards necessary to prevent nuisance and adverse impacts on the public health, safety, and welfare;
(2) Outdoor lighting for single-family dwellings in the residential district. Where lamp posts and similar lighting fixtures which are for the purpose of illuminating walks and drives are used in conjunction with single-family dwellings within the Residential District, the light may not exceed 0.5 foot candle at all property lines, with the exception of such lights that may occur at driveway entrances, in which case they must not exceed 0.5 foot candle at the street right-of-way line;
(3) Outdoor lighting in all nonresidential districts or for nonresidential uses within the residential district.
A. Applicability. All exterior lighting in nonresidential districts and in conjunction with nonresidential uses occurring in the Residential District, except street lighting and other Village-owned lighting, shall comply with the following standards.
B. All outdoor lighting shall be designed and located such that the maximum illumination measured in foot candles at the property line shall not exceed 1.0.
C. All outdoor lighting for nonresidential uses shall be located, screened, or shielded so that adjacent residential uses are not directly illuminated.
D. No outdoor lighting shall be of such an intensity or brilliance as to cause glare or to impair the vision of drivers.
E. The following factors shall be considered in the evaluation of lighting plans:
1. Pole height
2. Type of luminaire
3. Site coverage - average maintained
4. Uniformity
5. Intensity at property line
(g) Home Occupations.
(1) Applicability. A home occupation as defined in Chapter 1242 shall be permitted in the Residential district as an accessory use to any permitted dwelling unit in accordance with the following standards.
(2) Employee limitations.
A. The entrepreneur of every home occupation shall be domiciled in the dwelling unit where such occupation is conducted.
B. No more than one employee who is not domiciled in the dwelling unit where a home occupation is conducted shall be present in connection with, or otherwise participate in the operation of, a home occupation at any one time. For the purposes of this division, the term “employee” shall not include persons domiciled in the dwelling unit where such home occupation is conducted. This limitation on the number of employees shall not apply to employees who do not work at the dwelling unit devoted to such home occupation.
(3) Structural limitations.
A. No alteration of any kind shall be made to the dwelling unit where a home occupation is conducted that would change its residential character as a dwelling unit, including the enlargement of public utility services beyond that customarily required for residential use.
B. No separate entrance shall be provided in connection with the conduct of any home occupation.
(4) Operational limitations.
A. No more than a total of 600 square feet of floor area (exclusive of garage floor area devoted to permissible parking of vehicles used in connection with the home occupation) of any dwelling unit or any permitted accessory structure shall be specially designed, arranged, or set apart for the conduct of a home occupation; provided, however, that this division shall not apply to a daycare home operated as home occupation.
B. No stock-in-trade shall be displayed or sold on the premises of any home occupation.
C. No routine attendance of patients, clients, subcontractors, or employees associated with any home occupation shall be allowed at the premises of the home occupation, with the following exceptions:
1. Attendance of up to four persons at any one time may be allowed for personal instruction services.
2. Attendance of up to six children at any one time may be allowed at a Type-B Family Daycare Home.
D. No mechanical, electrical, or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare, emissions, odor, or radiation outside the dwelling unit or any permitted accessory structure that is greater or more frequent than that typical of equipment used in connection with residential occupancy shall be used in connection with any home occupation.
E. No outdoor storage shall be allowed in connection with any home occupation.
F. No outdoor kenneling of animals in conjunction with a home occupation.
G. No refuse in excess of the amount allowable for regular residential pickup shall be generated by any home occupation.
(5) Signage and visibility. No sign shall advertise the presence or conduct of the home occupation.
(6) Visibility. No home occupation shall be in any manner visible or apparent from any public or private street.
(7) Traffic limitations. No home occupation shall generate more vehicular or pedestrian traffic than is typical of residences in the area.
(8) Nuisance-causing activities. In addition to the foregoing specific limitations, no home occupation shall cause or create any nuisance, or cause or create any substantial or undue adverse impact on any adjacent property or the character of the area, or threaten the public health, safety or general welfare, or be noxious, offensive, or hazardous.
(9) Uses prohibited as home occupations. Home occupations authorized pursuant to this section shall not, under any circumstance, be deemed to include the following activities or any other activities similar in kind or intensity of use:
A. Nursing homes.
B. Funeral homes, mortuaries and embalming establishments.
C. Restaurants.
D. Bed and breakfast establishments.
E. Clinics, hospitals or the general practice of medicine or dentistry.
F. Clubs, including fraternities and sororities.
G. Instruction of more than four persons at a time.
H. Retail or wholesale businesses.
I. Warehousing.
J. Beauty shop or barbershop.
K. Tailoring shops.
L. Shoe or hat repair.
M. Drop-off or pick-up station that is not used in conjunction with a permitted home occupation.
(h) Fences and Walls.
(1) In the Residential District.
A. Perimeter fences and walls.
1. Perimeter fences and walls shall have an open face area of at least 70%;
2. No fence shall consist of barbed wire, razor wire or any similar material;
3. No fences shall be constructed out of chain-link;
4. The function of enclosure for perimeter fences may be achieved by split rail fencing with coated wire on the inside of the rail fence;
5. Decorative entrance walls or fences may be permitted to be located in the front yard if conditional use approval is obtained.
B. Fences and walls used to enclose swimming pools.
1. The finished side of a fence or wall around a swimming pool must face outward.
2. Swimming pools shall be enclosed by a permanent fence or wall with a controlled access point that shall be locked when the pool is not is use.
3. Fences or walls used to enclose swimming pools shall be at least four feet and no more than six feet high.
4. Transparency of fences or walls used to enclose swimming pools.
a. Fences or walls that are less than ten feet from any lot line shall have at least 70% open face area.
b. Fences or walls that are ten feet or more from any lot line may have less than 70% open face area or may be solid.
(2) In the Heavy Commercial, General Industrial, Industrial Truck Center, Industrial Flex-1, Industrial Flex-2 and Public Facilities Districts.
A. Perimeter fences and walls shall have an open face area of at least 70%.
(i) Refuse Containers.
(1) This section shall apply to refuse containers used in conjunction with all uses in all districts except single-family residential uses.
(2) All trash, refuse, and waste materials shall be stored in generally accepted containers.
(3) The refuse container enclosure shall be enclosed on all four sides and match the architectural features of the main building.
(j) Outdoor Dining Areas. Outdoor dining areas are permitted as a conditional use in the General Commercial and Heavy Commercial Districts when in conjunction with a restaurant use. In addition to any conditions imposed pursuant to a conditional use approval, the outdoor dining shall comply with the following requirements:
(1) Noise from operation. Music and sound amplification systems shall not be used in outdoor dining areas later than 10:00 p.m.
(2) Configuration and manner of enclosure. The site design and enclosure of the outdoor dining area, including materials and landscaping, is subject to the approval of the Planning Commission.
(3) Facility and area of operation.
A. The outdoor area does not exceed either the square foot area or seating capacity of the indoor area.
B. The outdoor facility shall be set back a minimum of 500 feet from the nearest residential property.
C. All ingress and egress to the outdoor dining area shall be through the existing indoor dining area, except for emergency egress.
(4) Hours of operation. Hours of operation of outdoor dining areas shall be limited within the General Commercial District in the following manner:
A. The outdoor dining area shall be vacated by all persons between 10:00 p.m. and 7:00 a.m. on Sunday through Thursday, and between 11:00 p.m. and 7:00 a.m. on Friday and Saturday.
B. Illumination of the outdoor dining area meant to serve the outdoor dining area occupants shall be limited to the times of 7:00 a.m. to 10:00 p.m. on Sunday through Thursday, and between 7:00 a.m. to 11:00 p.m. on Friday and Saturday. This restriction does not include any other outdoor lighting that is incidental to the restaurant use, such as safety-related lighting.
(k) Drive-Through in Conjunction with a Restaurant or Bank.
(1) Districts. A drive-through as an accessory use to a restaurant or bank is conditionally permitted in the GC or HC district per the requirements of Chapter 1282 Conditional Uses.
(2) Location. A drive-through must be located in either the side yard behind the front building line of the principal structure.
(3) Vehicle stacking. Stacking spaces must be a minimum of nine feet wide by 20 feet in length, and shall not interfere with other on-site circulation or off-street parking or loading areas. Stacking spaces shall be separated from other internal driveways and circulation by surface markings; raised medians may be required where deemed necessary by Village staff for the purpose of traffic movement and safety. Stacking space quantity shall be as follows:
A. Bank drive-through. A minimum of four vehicle stacking spaces per lane, measured from the teller window or speaker.
B. Restaurant drive-through. A minimum of eight vehicle stacking spaces per lane, measured from the pick-up window.
(4) Pedestrian walkways. Pedestrian walkways must have clear visibility and be emphasized by enhanced paving or markings when they intersect the drive-through aisles.
(5) Appearance. The drive-through structure, including support pillars and canopy, if existing, shall be wrapped in building materials that match the principal structure façade.
(6) Screening. If there is any mechanical equipment present in association with the drive-through speakers, screens, or similar ancillary components of a drive-through, Planning Commission may require these to be screened from adjacent property or Village rights-of-way.
(7) Litter. At least one permanent trash receptacle must be installed in conjunction with the drive-through.
(8) Menu boards. Menu boards must be located at least 50 feet from the Residential District boundary. Speaker noise levels may not be audible on any abutting residential property.
(Ord. 12-64. Passed 3-12-13; Ord. 14-16. Passed 5-13-14; Ord. 16-63. Passed 12-13-16; Ord. 20-24. Passed 3-10-20; Ord. 20-69. Passed 11-10-20.)