A. Maintenance Of Yards, Courts And Other Open Spaces: The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any reason, be used to satisfy yard, court or other open space or minimum lot area requirements for any other building.
B. Division Of Zoning Lots: No improved zoning lot shall hereafter be divided into two (2) or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.
C. Location Of Required Open Space: All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
D. Required Yards For Existing Buildings: No yards now or hereafter provided for a building existing on the effective date of this zoning title shall subsequently be reduced below or further reduced below if already less than the minimum yard requirements of the ordinance for equivalent new construction.
E. Permitted Accessory Buildings, Structures And Uses: The following accessory buildings, structures and uses are permitted and may be obstructions in the yards as follows:
Note: | |
F | Denotes permitted obstruction in front yards and side yards adjoining streets |
S | Denotes permitted obstruction in interior side yards |
R | Denotes permitted obstruction in rear yards |
O | Denotes permitted obstruction in open courts |
1. Awning and canopies but not projecting more than 10 feet and at least 7 feet above the average level of the adjoining ground. (Ord. 381-87, 6-9-1987) | F | S | R | O |
2. Arbors, trellises, flagpoles, fountains, sculptures, plant boxes, other similar ornamental objects and TV antennas attached to the principal structure no higher than 7 feet above the point of attachment. (Ord. 381-87, 6-9-1987; amd. Ord. 606-94, 7-11-1994) | F | S | R | O |
3. Air conditioning units: | ||||
a. Window units may project not more than 18 inches. | F | S | R | O |
b. Central air conditioning units may project into a required yard by not more than 4 feet, provided the unit is adequately screened. | S | R | ||
4. Architectural entrance structures on a lot not less than 1 acre in area or at entrance roadways into subdivisions or planned developments containing 50 or more lots. | F | S | R | |
5. Balconies, projecting by not more than 4 feet. | F | S | R | O |
6. Bay windows, projecting not more than 3 feet into a yard. | F | S | R | O |
7. Chimneys, attached, projecting not more than 24 inches into a yard or court. | S | R | O | |
8. Eaves and gutters on principal buildings or accessory buildings, projecting not more than 3 feet into a required yard. (Ord. 381-87, 6-9-1987) | F | S | R | O |
9. Reserved. (Ord. 843-98, 9-14-1998) | ||||
10. Vegetable gardens. | S | R | O | |
11. Open entrances, stoops, porches, terraces, when not covered, may project not more than 5 feet. | F | S | R | O |
12. Open off street loading spaces accessory to nonresidential uses, see chapter 11 of this title. (Ord. 381-87, 6-9-1987) | F | S | R | O |
13. Open off street parking spaces, provided that such spaces are located not less than 7 feet from any lot line, and no such spaces are located in the portion of the front yard between the street right of way and the building setback line. (Ord. 606-94, 7-11-1994) | F | S | R | |
14. Ornamental light standards. (Ord. 381-87, 6-9-1987) | F | S | R | O |
15. Playground and laundry drying equipment shall be located not less than 10 feet from the lot line. (Ord. 1368-11, 6-20-2011) | R | |||
16. Signs and nameplates as herein regulated. | F | S | R | O |
17. Sills, belt courses, cornices and ornamental features of the principal building, projecting not more than 18 inches into a yard or court. | F | S | R | O |
18. Steps, 4 feet or less above grade, which are necessary for access to a permitted building or for access to a zoning lot from a street or alley. (Ord. 381-87, 6-9-1987) | F | S | R | O |
19. Swimming pools, private, which comply with all other codes or ordinances of the village and are located such that the swimming pool and all appurtenances, including, but not limited to, pumps, pool filters, water disinfection equipment, fences and sidewalks, are not less than 20 feet from the rear lot line. In the case of corner lots, swimming pools will be allowed in the rear yard only if the swimming pool does not extend into any required side yard setback as extended rearward to the rear lot line and only if it is not within 20 feet of the rear lot line. Furthermore, any portion of the pool that may be viewed by any street or public right of way must be landscaped at 100 percent opacity at the time of construction with a combination of berms and landscaping and 100 percent opacity shall be maintained 12 months per year. The front yard shall be deemed to be based on the orientation of the house as built. (Ord. 553-93, 1-11-1993; amd. Ord. 1093-04, 10-18-2004) | R | |||
20. Tennis courts, private. (Ord. 381-87, 6-9-1987) | R | |||
21. Terraces, patios, outdoor fireplaces, recreational firepits and decks shall be located not less than 20 feet from the lot line. (Ord. 1368-11, 6-20-2011) | R | |||
22. Landscaping: | F | S | R | O |
a. Trees and shrubs, but not to create natural fences, hedgerows or barriers,
b. Flowers, and (Ord. 381-87, 6-9-1987)
c. Berms of only irregular patterns and shapes not to exceed 50 feet in length, not to exceed 2.5 feet in height above existing grade, not to create a barrier or restriction, not to redirect the natural flow of surface water runoff, and located not less than 10 feet from any street right of way.
d. Berms along major and arterial streets, in conjunction with significant landscaping, so as to create a sight and sound barrier between such major and arterial streets and adjoining property, in accordance with the provisions of section 10-3-10 of this code. (Ord. 821-98, 4-13-1998)
23. Gazebos which comply with all applicable ordinances, codes, rules and regulations, and are located no less than 20 feet from any side or rear property line; provided, however, in the case of corner lots, gazebos shall not occupy any portion of the area formed by extending any corner side yard rearward to the rear lot line. Gazebos shall not be enclosed so as to permit year round usage, although wire and fiber mesh screen material is permitted. Gazebos shall not be used for the storage of any household, lawn and garden or similar type equipment. Gazebos shall be constructed so as to maintain a minimum 60 percent opacity, as viewed from any side of the gazebo. (Ord. 606-94, 7-11-1994)
24. Book exchange boxes, commonly known as "little free libraries", in a public park or private park, owned and/or maintained by the village of Hawthorn Woods or an active homeowners' association ("HOA"), in accordance with the following:
a. Structure shall be visible from the right of way;
b. Structure shall not be located in the right of way or an established easement;
c. Structure shall be set back a minimum of 3 feet from any sidewalk or path so as not to obstruct or interfere with passersby;
d. The height of the structure shall not be more than 5 feet from finished grade as measured from the highest point of the structure;
e. The box size shall not exceed 23 inches wide x 25 inches tall x 21 inches deep. Any proposed box exceeding these size requirements shall require a variation request in accordance with section 9-16-7 of this title;
f. Box and post shall be comprised of a natural material and neutral in color. Any proposed structure comprised of different materials and/or color shall require a variation request in accordance with section 9-16-7 of this title;
g. Structure shall be nonpermanent in construction; that is, a temporary foundation comprised of concrete or masonry pavers or other similar movable material, or consistent with installation methods for village street signs and residential mailboxes, as approved by the village;
h. A structure proposed for installation in a private park owned and/or maintained by an HOA shall not be installed unless a signed letter from the president of the HOA requesting said structure and evidencing approval of the structure by the HOA is submitted to the village. The HOA letter shall include the following information:
(1) Site plan identifying the exact location of the structure;
(2) Box dimensions, including overall structure height, as well as box width, height, and depth;
(3) Structure materials - confirm natural material or proposed material, if other than natural;
(4) Explanation of how the structure will be affixed to the ground;
(5) Depiction of proposed structure, such as a photo or marketing material drawing; and
(6) A maintenance schedule that includes the contact information of the party responsible for maintenance;
i. A building permit shall not be required, but proposed structure shall require official administrative sign off by village staff;
j. A $25.00 review fee shall apply;
k. The village shall not be responsible for maintenance or removal of a structure in a park owned and/or maintained by an HOA;
l. The HOA shall be responsible for removal of the structure once it is no longer in use or at the discretion of the Village as it relates to nuisance or health, safety and welfare issues; and
m. With proper notice to the HOA, the Village shall retain the right to require removal of the structure if, in its determination, the structure becomes a nuisance or a health, safety, and welfare issue. (Ord. 1599-15, 10-19-2015)
25. Solar energy systems. See section 9-18A-4 of this title for requirements. (Ord. 1791-17, 10-23-2017)
F. Vision Clearance, Corner Lots: No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:
1. In any residential district exceeding a height of three feet (3') above the street grade within twenty five feet (25') of the intersecting street right-of-way lines bordering corner lots; and
2. In any business or industrial district within twelve feet (12') of the intersecting street right-of-way lines bordering a corner lot; provided, that this regulation shall not apply to that part of a building above the first floor.
G. Exceptions For Existing Development Within R-2 And R-3 Zoning Districts:
1. Where forty percent (40%) or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have observed (within a variation of 5 feet or less) a front yard greater in depth than required herein, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
2. Where forty percent (40%) or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have not observed a front yard as herein required, then:
a. Where a building is to be erected within one hundred feet (100') of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the two (2) existing buildings.
b. Where a building is to be erected within one hundred feet (100') of an existing building on one side only, it may be erected as close to the street as the existing building. (Ord. 381-87, 6-9-1987)