Community Free Libraries as an Accessory Structure are acceptable Accessory Uses in a Residential A District, subject to the restrictions as set forth herein. By definition, Community Free Libraries are a structure erected by a private residential property owner upon such property owner’s lot to offer books and other literature for free to the community.
(a) Location. A Community Free Library structure shall be constructed and located as follows:
(1) Shall not be located within nor overhang the public street right-of-way, any other public easement, or public sidewalk when it is installed nor when any door, window or shutter of the structure is open.
(2) Shall not obstruct vehicular, bicycle or pedestrian traffic.
(3) Shall be accessible from a public sidewalk.
(4) Shall be anchored to the ground or otherwise securely attached to a fence or wall which is permanently anchored to the ground. Such fence or wall must also meet the Code requirements for an Accessory Structure.
(5) Access to the structure’s enclosure in which the books or other literature are contained, may not be greater than forty-eight (48) inches in height to the handle or knob which opens the structure, and the access to the structure may not be lower than fifteen (15) inches from the ground. It is encouraged that access to the structure be wheelchair accessible. The maximum height for a structure measured from the ground to the top of the structure shall be no greater than seventy-two (72) inches.
(b) Construction and Maintenance. All allowable Community Free Library structures must meet the following requirements for construction and maintenance:
(1) Shall be constructed of treated/finished wood. All metal parts and supports for such structure that are not galvanized or rust resistant metals shall be kept neatly painted.
(2) The portion of the structure in which books or other reading materials shall be maintained shall have a secure enclosure to prevent waste and deterioration, and shall be enclosed to be weather resistant. The materials used for construction, particularly the visual opening, must be constructed with safety glass.
(3) The enclosure shall be sized to be no more than three and one-half (3.5) cubic feet.
(4) There may be no sign nor advertising attached to nor affixed on the structure with the exception of a registered logo or trademark for any structure which is a part of or registered with a not-for-profit organization. As an example, a Charter sign and Charter number for Little Free Libraries is permitted.
(5) The structure must be maintained in good structural condition at all times. Peeling or chipped paint should be properly repaired. Component parts should be properly repaired so as not to present unreasonable risk to public health and/or safety.
(6) The property owner upon whose premises the structure has been erected shall be responsible for any litter or waste upon their property and within the structure itself.
(7) No permit is required for the installation of a Community Free Library, but the property owner upon which the structure is to be constructed shall register the structure with the office of the Village Administrator prior to installation.
(8) If the structure is deemed by the Zoning Administrator to be in an unsafe condition, or abandoned or no longer in use for a period in excess of 120 days, the owner of the property upon which the structure has been constructed shall be notified in writing and shall, within ten (10) days of such notification correct such unsafe condition or remove the struture. The allowable time to correct such unsafe condition, may be reduced if the structure poses an unreasonable risk to public health and/or safety. If the correction has not been made, or if the abandoned structure has not been removed, within the time allowed, the Zoning Administrator may remove, or cause such unsafe structure to be removed, in addition to any other penalty which may be assessed for violation of the Planning and Zoning Code.
(c) Penalty. A violation of any Section of 1129.031 may be cited as a minor misdemeanor punishable by a fine not to exceed one hundred fifty dollars ($150.00). Each day a violation occurs or is permitted to occur may be charged as a separate violation. (Ord. 2021-5. Passed 4-12-21.)