(A) Accessory structures - general regulations. All accessory structures shall be subject to the following regulations, in addition to any other regulations within this section and this Code.
(1) No accessory structure shall be constructed prior to construction of the principal building to which it is accessory.
(2) Only those accessory structures permitted by this section or § 153.194 are permitted in
required setbacks. Certain accessory structures may also be prohibited in certain yards. Required setbacks are described in the district standards. The use of the term “yard” refers to the area between the building line and the lot line. The distinction is made because certain principal buildings may be set back further than required by district setback standards, thereby creating a yard larger than the minimum setback dimension.
(3) The maximum height of any detached accessory structure shall be measured from the floor of the structure to the peak of the roof. No detached accessory structure shall exceed ten feet, unless otherwise permitted or limited by this Code.
(4) All accessory structures must be located a minimum of five feet from any rear lot line and three feet from an interior side lot line, as measured from the eaves, unless otherwise permitted by this Code.
(5) The combined square footage of all detached accessory buildings located in the rear yard shall not occupy more than 50% of the required rear yard.
(B) Amateur (HAM) radio equipment.
(1) Towers that solely support amateur (HAM) radio equipment shall be permitted only in the rear yard and may encroach into the rear setback, and shall be located ten feet from any lot line. Towers shall not exceed the maximum building height of the applicable district by more than ten feet, unless a taller tower is technically necessary to engage successfully in amateur radio communications in accordance with division (B)(3) below.
(2) Antenna may be ground-, building- or roof-mounted, provided they do not exceed the maximum building height by more than ten feet unless a taller antenna is technically necessary to engage successfully in amateur radio communications in accordance with division (B)(3) below. Every effort shall be made to install radio antennae in locations that are not readily visible from neighboring properties or from the public right-of-way, excluding alleys.
(3) An antenna or tower that is proposed to exceed the height limitations shall be considered a special use. The operator must provide evidence that a taller tower and/or antenna is necessary to engage successfully in amateur radio communications. In addition, the applicant must provide evidence that the tower and/or antenna shall not prove a hazard to birds (i.e., minimal chance of bird strikes). As part of the application, the applicant must submit a site plan showing the proposed location of the tower and/or antenna, as well as its relation to the principal building and any additional accessory structures.
(4) Antennae and/or towers owned and operated by the village are exempt from these requirements.
(C) Generators.
(1) Generators are permitted in the rear and interior side yards. Generators may encroach into the rear and interior side setbacks, but must be located at least five feet from any rear lot line and three feet from a side lot line. Generators are prohibited in the front or corner side yards and setbacks.
(2) All generators must be installed to meet all manufacturer required safety clearances (i.e., distances from the structure and other site elements, such as landscaping, fences, and accessory structures). All generators must also maintain all required safety clearances from structures and site elements on neighboring properties.
(3) Noise emitted from generators shall not exceed 70 decibels when measured at a distance of no more than 23 feet.
(4) All generators shall be screened with a solid fence or plant materials when readily visible from the public right-of-way, excluding alleys. Screening materials may be masonry, wood, or landscaping, and shall effectively screen the generator so no portion is readily visible from that public right-of-way. Color and texture of a masonry screen shall be compatible with the color and texture of the principal building on the site. Screening is not required if a generator is screened by an existing structure, fence, or landscaping, such that it is not readily visible from a public right-of-way.
(5) Generators may only be tested between the hours of 10:00 a.m. and 2:00 p.m. Testing of generators shall be limited to no more than once per week.
(D) Fences.
(1) General requirements.
(a) No fence shall be erected or replaced within the village without first obtaining a building permit.
(b) All fences shall be measured from existing grade, unless otherwise specified.
(c) Edging shall be subject to the regulations of division (B)(4) below.
(d) Fences for utilities and public recreational uses in any district shall be subject to the regulations of division (B)(5) below.
(e) For the purposes of this section, walls shall be subject to these fence requirements.
(2) Fences in residential districts.
(a) Fences are permitted in the following locations, subject to the design requirements of division (D)(2)(b) below:
1. Fences are permitted in the front yard when located behind the front building line.
2. Fences are permitted within the interior side and rear setbacks and yards.
3. Fences are permitted within the corner side yard and setback when located behind the rear building line. However, fences in the corner side yard or setback are permitted to extend a maximum of ten feet from the rear building line toward the front lot line.
(b) Solid or open fences are permitted in the interior side and rear yards, and may be erected to a maximum height of six feet. Open fences only are permitted in the front and corner side yards, and may be erected to a maximum height of four feet. Open fences shall be defined as a fence that is 33% or more open.
(c) Fences are permitted are shown in Figure 12-2: Permitted Fence Location.
FIGURE 12-2: PERMITTED FENCE LOCATION
(3) Fences in non-residential districts.
(a) Fences are permitted within the interior side and rear yards and setbacks. Fences are prohibited in the front or corner side yards and setbacks.
(b) Fences in non-residential districts may be erected to a height of six feet.
(4) Decorative lawn edging. Decorative lawn edging is permitted as a landscape treatment in all yards and setbacks. However, decorative lawn edging in front or corner side setbacks is subject to the following restrictions:
(a) All decorative lawn edging must be located three feet from any interior side lot line.
(b) No decorative edging in the front setback may exceed six inches in height.
(5) Fences for utilities and public recreational uses.
(a) Whenever the lot line of a utility or public recreational use abuts a residential district, or whenever a utility use fronts on a public right-of-way, the use shall be fenced. In addition to the fencing, shrubs a minimum of five feet in height shall be planted along the fence.
(b) Utility uses shall be fenced. Barbed wire, razor wire or fences of similar material shall be permitted only on a lot used for a utility facility. All barbed wire, razor wire or similar material shall be placed no less than seven feet above finished grade and shall extend inward toward the interior of the lot. Such fences shall be a maximum height of eight feet. Such fences may be located in any yard and are not required to be open.
(c) Public recreation areas may be enclosed along their boundaries (i.e., all yards) with an open type fence to a height not to exceed eight feet. Tennis courts and other similar uses may be fenced in accordance with national standards for such uses.
(6) Fence construction and design requirements.
(a) The finished side of all fences shall face away from the lot on which it located. Both sides of all fences shall be similar in design, construction and appearance.
(b) All fence posts shall be placed on the inside of the fence.
(c) A fence or wall, including all posts, bases, and other structural parts shall be located completely within the boundaries of the lot on which it is located.
(d) Fences shall only be constructed of the following materials:
1. Treated wood, cedar or redwood;
2. Simulated wood;
3. Decorative brick or stone;
4. Wrought-iron or aluminum or steel designed to simulate wrought-iron;
5. Coated chain link, brown, black or green in color (permitted in rear and interior side yard only);
6. Vinyl.
(7) Nonconforming fences.
(a) Existing fences that are nonconforming in terms of corner side yard location are permitted to rebuild in the existing location so long as the fence complies with height and openness regulations of this Code.
(b) Any fence that is nonconforming, with the exception of the circumstances described in division (D)(7)(a) above, must be brought into conformance when repaired or reconstructed.
(E) Garages, attached and detached. The following design standards apply to all residential garages. Attached garages shall not be considered an accessory structure but shall be subject to the regulations of this section for attached garages.
(1) Attached garages.
(a) Front-loaded attached garages shall not occupy more than 22 feet in garage door width or 50% of the width of the front facade of the house, as measured along the building line that faces the street, whichever is greater.
(b) Attached front-loaded garages shall be located a minimum of five feet behind the main front facade of the house. This measurement will be taken from the part of the front facade that is immediately adjacent to the garage, except that the measurement may be taken from the part of the house closest to the street if all of the following conditions are met (See Figure 12-3: Attached Garage Design):
1. The front facade of the house is irregular (i.e., the front foundation is not a straight line).
2. The portion closest to the street is actual living space.
3. No such measurement may be taken from a porch, bay window, turret or similar architectural feature that protrudes from the facade.
(c) Windows, doors and roof treatments of that part of the garage facing the street shall incorporate architectural detail expressive of a residence.
(d) Upper level dormers and pitched roof elements shall be used to de-emphasize the garage. Garage openings, windows, columns, trims, decorative paneling and color shall de-emphasize the visual impact of the garage in relation to the building as a whole.
FIGURE 12-3: ATTACHED GARAGE DESIGN
(2) Detached garages.
(a) A detached garage shall not exceed a maximum of 16 feet in height as measured from the garage floor to the highest point of a flat roof, to the deck line of a mansard roof, or to the mean point between the eaves and the ridge of a gable, hip or gambrel roof.
(b) The area above the vehicle parking spaces in a detached garage may be utilized for storage, but not living space and may not contain a kitchen, bathroom or sleeping area.
(c) Detached garages shall not exceed 660 square feet.
(d) Detached garages are permitted in the rear and interior side yards and setbacks. Detached garages shall be located a minimum of five feet from any rear lot line and three feet from an interior side lot line, as measured from the eaves.
(e) Detached garages should be consistent with the architecture and design of the principal building. Consistency of design shall include use of the same palette of materials as the principal building, roofing, roof pitch, trim and colors.
(f) Detached garages shall be located a minimum of ten feet from the principal structure on a lot. The distance shall be measured from the walls of the structure.
(g) In recognition of preserving existing residential structures on interior lots within the R-1A and R-1 Districts that currently have a single-car detached garage and are currently constructed at the 30% limitation of building coverage, an additional lot coverage bonus of 3% is permitted to construct a new detached two-car garage. Principal structures within the R-1A and R-1 Districts with an existing detached garage as of the date of adoption of this Code shall be permitted a maximum building coverage of 33% specifically for the replacement of a detached garage with a two-car capacity. If such principal structure is demolished, the building coverage requirement shall revert to 30% limitation for interior lots. Within the R-1A and R-1 Districts, no additional building coverage is permitted for corner lots where lot coverage is limited to 35% for corner lots.
(F) Gazebo, detached. Detached gazebos are permitted in the rear yard and setback, provided they comply with the following requirements:
(1) Each surface of the gazebo shall be at least 25% open.
(2) Gazebos shall be limited to 12 feet in height as measured from grade to the peak of the roof. The gazebo platform shall be no higher than four feet above grade. Gazebos shall be limited to 120 square feet in area.
(3) The gazebo shall be set back a minimum of five feet from any lot line and ten feet from any principal structure.
(G) Home occupations. The following standards are intended to ensure that home occupations, conducted in a dwelling, are compatible with the neighborhoods in which they are located and do not interfere with the rights of the surrounding property owners to enjoy the established character of the neighborhood.
(1) The home occupation shall be conducted entirely within the dwelling and shall be clearly incidental and secondary to the use of the dwelling for residential purposes.
(2) The home occupation shall not exceed 25% of any one story of a single-family, two-family or townhouse dwelling unit. The home occupation shall not exceed 20% of any one story of a three-family, four-family or multi-family dwelling unit.
(3) A home occupation shall not be established prior to the member(s) of the family conducting the home occupation taking possession of, and residing in, the dwelling.
(4) No person other than a family member residing on the premises shall be employed as part of a home occupation.
(5) Vehicular traffic and on-street parking shall not be increased by the home occupation.
(6) The receipt, sale or shipment of deliveries shall not be permitted on or from the premises, with the exception of regular U.S. Mail and/or an express shipping service that is characteristic of service to residential neighborhoods.
(7) A home occupation shall not generate noise, solid waste, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in a residential use. No outside storage or display of materials, merchandise, inventory or heavy equipment shall be permitted.
(8) No exterior alteration that changes the residential character of the principal building shall be permitted. No exterior building signs are permitted.
(9) Any type of motor vehicle service and repair is a prohibited home occupation. Day care homes are not considered a home occupation.
(H) Mechanical equipment.
(1) In all districts, all ground-based mechanical equipment including, but not limited to, heating, ventilating and air-conditioning (HVAC) units, may be located in the rear yard and setback but must be located at least five feet from a rear lot line and three feet from an interior side lot line. Ground-based mechanical equipment is prohibited in the front, interior side or corner side yard or setback. However, any existing ground-based mechanical equipment located in the interior side yard or setback as of the date of adoption of this Code shall be considered legally conforming and may be replaced and repaired.
(2) All approved ground-based mechanical equipment, including, but not limited to, HVAC units, shall be screened when readily visible from the public right-of-way, excluding alleys. Screening materials may be masonry, wood or landscaping, and shall effectively screen mechanical equipment so no portion is readily visible from that public right-of-way. Color and texture of a masonry screen wall shall be compatible with the color and texture of the principal building on the site. If ground-based mechanical equipment is screened by a structure, fencing or landscaping, such that it is not readily visible from that public right-of-way, it will be considered to have met these requirements.
(3) Any mechanical equipment located on the roof of any structure in any zoning district shall be screened either by an architectural element of the roof and at least six feet from any supporting wall of the building to permit safe access to the roof.
(I) Outdoor sales and display, and outdoor storage.
(1) Outdoor sales and display. Retail goods establishments are permitted outdoor sales and display of merchandise, by either a storeowner or occupant, outside the store and within the same zoning lot. Any lawfully existing retail goods establishment shall be permitted to display and sell its merchandise outdoors under the following conditions:
(a) No sales and display area shall be permitted in any public right-of-way or obstruct pedestrian or vehicular traffic. No sales and display area is permitted in any required setback.
(b) Outdoor storage is prohibited for retail goods establishments.
(c) A portion of the parking area may be used for outdoor sales and display on a temporary basis only, in terms of both display structure and goods displayed or sold (no permanent display structures permitted in parking areas). No more than 10% of the required parking area for the existing commercial use may be used for the temporary outdoor sales and display.
(d) All outdoor sales and display areas must comply with any screening requirements of § 153.242.
(2) Outdoor storage. The following uses are permitted outdoor storage: greenhouse/nursery, including the growing of plants in the open; motor vehicle dealership and rental establishment; motor vehicle operations facility; motor vehicle service and repair, major and minor; general manufacturing; and contractor storage yards. Additional outdoor storage may be approved by as a special use. These uses are permitted outdoor storage in accordance with the following provisions:
(a) All manufacturing, assembly, repair or work activity shall take place inside an enclosed building. No work shall take place outdoors.
(b) No required parking area shall be used as an outdoor storage.
(c) All outdoor storage must meet setback requirements.
(d) No materials stored or displayed outdoors shall be of a greater height than that of the required screening.
(e) All outdoor storage must comply with the screening requirements of § 153.242.
(f) All materials stored must be related to the business conducted on the property.
(J) Porches.
(1) Unenclosed porches may encroach five feet into any required front, corner side or rear setback. Steps are permitted to encroach ten feet into a required front yard.
(2) Enclosed porches must meet all setback requirements.
(3) Stoops are not considered porches.
(4) In the R-1A and R-1 Districts, single-family homes on interior lots are allowed additional building coverage as follows to accommodate a single-story unenclosed front porch. The additional building coverage may only be used for the unenclosed front porch. Such porches must meet the requirements of this section, including division (5) below.
(a) For existing single-family dwellings, up to an additional 3% of building coverage is permitted to construct a new unenclosed porch or to reconstruct or expand an existing unenclosed porch.
(b) For new construction of single-family dwellings, up to an additional 2% of building coverage is permitted if the dwelling is constructed with an unenclosed front porch.
(5) In order to qualify for such bonus, the unenclosed front porch must meet the following standards.
(a) The depth of the unenclosed front porch is a minimum of five feet.
(b) The length of the unenclosed front porch along the front façade is a minimum of 40% of the front façade. For homes with an attached front-loading garage, the garage portion of the façade is not included as part of the front façade for the purposes of this calculation.
(K) Satellite dish antennas.
(1) General requirements.
(a) Satellite dish antennas shall be permanently installed on a building, in the ground or on a foundation, and shall not be mounted on a portable or movable structure.
(b) Subject to operational requirements, the dish color shall be of a neutral color, such as white or grey, and shall blend with the surroundings as best as possible. No additional signs or advertising shall be permitted on satellite dish itself, aside from the logos of the satellite dish service provider or dish manufacturer.
(c) Cables and lines serving ground-mounted satellite dish antennas shall be located underground.
(d) Compliance with all federal, state and local regulations shall be required in the construction, installation and operation of satellite dish antennas.
(e) All exposed surfaces of the antenna shall be kept clean and all supports shall be painted to maintain a well-kept appearance. Antennas no longer in use must be removed.
(2) Small satellite dish antennas (one meter or less in diameter). Small satellite dish antennas, which are one meter or less in diameter, shall be subject to the general requirements of division (K)(1) above. Every effort shall be made to install small satellite dish antennas in locations that are not readily visible from neighboring properties or from the public right-of-way.
(3) Large satellite dish antennas (one meter or more in diameter).
(a) Residential districts.
1. Large satellite dish antennas are permitted only in the rear yard and setback, and shall be setback a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five feet from any lot line.
2. The overall height of a large satellite dish antenna shall not exceed 12 feet.
3. A large satellite dish antenna shall be located and screened so that it cannot be readily seen from public streets or adjacent properties. Screening shall include fences, plant materials and/or earth berms located to conceal the sides and rear of the antenna and its support structure. Plants shall be, at minimum, five feet tall at the time of installation.
(b) Non-residential districts.
1. A large satellite dish antenna are permitted only in the rear or interior side yard and setback, and shall be setback a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five feet from any lot line.
2. Roof-mounting shall be permitted only if the satellite dish antenna is in scale with the overall building mass and location, and shall be screened by an architectural feature. The visible portion of the dish should not comprise more than 25% of the corresponding height or width of the screen.
3. Ground-mounted satellite dish antenna shall provide screening, which includes fencing, berming or landscaping to accomplish the following:
A. All ground-mounted accessory equipment and the lower part of the support structure shall be completely screened.
B. Where feasible, trees shall be installed to the side and rear of the antenna and at a height/elevation equal to the tallest portion of the dish.
(L) Sheds and private greenhouses.
(1) Sheds and private greenhouses are permitted only in the rear yard and setback. Sheds and private greenhouses shall be located a minimum of five feet from any rear lot line and three feet from a side lot line.
(2) The maximum height of any shed or private greenhouse shall be ten feet.
(3) No shed or private greenhouse shall exceed 120 square feet.
(4) Sheds and private greenhouses shall be located a minimum of ten feet from the principal structure on a lot. The distance shall be measured from the walls of the structure.
(M) Solar collectors. Solar panels shall be mounted flush with the roof of the structure when visible from the public right-of-way, excluding alleys.
(N) Swimming pools. All swimming pools shall comply with the requirements of the Village Code.
(O) Wind turbines. Wind turbines are subject to the following requirements:
(1) Wind turbines are subject to the following height restrictions:
(a) The maximum height of any ground-mounted wind turbine (a tower) is the height limit of the applicable zoning district.
(b) The maximum height of any wind turbine mounted upon a detached accessory structure is 15 feet above the maximum permitted height for such structure. The maximum height of any wind turbine mounted upon a principal structure is the height limit of the applicable zoning district.
(c) For purposes of this particular zoning item, maximum height is the total height of the turbine system including the tower, and the maximum vertical height of the turbines blades. Maximum height therefore is calculated measuring the length of a prop at maximum vertical rotation to the base of the tower. The maximum height of any ground-mounted wind energy system is measured from the length of a prop at maximum vertical rotation to grade.
(d) No portion of exposed turbine blades may be within 20 feet of the ground. Unexposed turbine blades may be within ten feet of the ground.
(2) Ground-mounted wind turbines may be located in the rear yard only. A ground-mounted tower must be setback from all lot lines equal to the height of the tower. Additional parts of the wind turbine structure outside of the tower, including guy wire anchors, must be ten feet to any lot line.
(3) All wind turbines must be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the system.
(4) Wind turbines may not exceed 60 dBA, as measured at the closest neighboring dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.
(5) Wind turbines must be approved by a small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Non-certified residential wind turbines must submit a description of the safety features of the turbine prepared by a registered mechanical engineer.
(6) Wind turbines must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
(7) Building permit applications for wind turbines must be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to all electrical codes.
(P) Window wells.
(1) The maximum amount of all window wells located along any wall may not exceed 40% of the length of that wall.
(2) Window wells may encroach up to three feet into the required rear setback and may encroach up to a maximum of two feet into a required interior or corner side setback. Window wells are prohibited in the front setback or yard.
(3) When more than one window well is installed along a wall, each shall be separated at least three feet from one another.
(4) Window wells used for egress shall comply with the provisions of the building code for an emergency escape window.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18; Ord. 1201, passed 5-23-23; Ord. 1205, passed 7-25-23) Penalty, see § 153.999