§ 159-3.201 USE AND BULK REGULATIONS.

   (A)   Use: No building, structure, or land may hereafter be used or occupied, and no building or part thereof, or other structure, may be erected, raised, moved, reconstructed, extended, enlarged, or altered except in conformity with the regulations specified for the district in which it is located.

   (B)   Bulk: All new buildings and structures must conform to the building regulations established for the district in which each building is located.

   (C)   Continued Conformity: Required yards, open space, and minimum lot area are a continuing obligation on the owner of the building or property on which it is located. Furthermore, no legally required yard, court, or other open space or minimum lot area allocated to any building may, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other building.

   (D)   Division Of Zoning Lot: No zoning lot may be divided into 2 or more zoning lots unless all zoning lots resulting from the division conform to all applicable bulk regulations of the underlying zoning district. However, with respect to the resubdivision of improved zoning lots in R-2 and R-3 Districts, side yard requirements shall not apply between attached buildings.

   (E)   Location Of Required Open Space: All yards, courts, and other open spaces allocated to a building or dwelling group must be located on the same zoning lot as the building or dwelling group.

   (F)   Required Yards For Existing Buildings: No yards, now or hereafter provided for an existing building, may subsequently be reduced below, or further reduced below, if already less than, the minimum yard requirements of the zoning district in which it is located.

   (G)   Permitted Exceptions To Bulk Requirements:

      (1)   Height Exceptions. No building or other structure may exceed the maximum building height required by the underlying zoning district except for:

         (a)   Architectural projections such as spires, steeples, belfries, parapet walls, cupolas, domes, flues, and chimneys are exempt from the height limitations of this chapter.

         (b)   Special structures such as elevator penthouses, gas tanks, grain elevators, observation towers, and scenery lofts, manufacturing equipment and necessary appurtenances, cooling towers, fire towers, substations, and smokestacks are exempt from the height limitations of this chapter.

         (c)   Essential services, utilities, water towers, and electric power and communication transmission lines are exempt from the height limitations of this chapter.

         (d)   Structures such as radio and television transmission and relay towers, aerials, and radio and television receiving and transmitting antennas, not including ground and building mounted earth station dish antennas, shall not exceed a height of 3 times their distance from the nearest lot line except as may otherwise be provided in this chapter. Ground mounted earth station dish antennas shall not exceed a height of 15 feet. Building mounted earth station dish antennas may not exceed the maximum height regulation of the district in which they are located.

         (e)   Public and semipublic facilities, such as schools, churches, hospitals, monuments, sanatoriums, libraries, and governmental offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than 1 foot for each foot the structure exceeds the district's maximum height requirement.

      (2)   Permitted Obstructions In Required Yards. All required yards must be unobstructed from ground level to the sky except for the following permitted obstructions when located in the specified yard in table 159-3.201 of this division.

TABLE 159-3.201
PERMITTED OBSTRUCTIONS IN REQUIRED YARDS AND LANDSCAPE BUFFER YARDS1

 

P = Permitted

N = Not permitted

 

Projection, Obstruction, Or Accessory Use	Yard Type
	Front Yard	Rear Yard	Side Yard	Corner Side Yard	Landscape Buffer Yard
ADA ramp	P	P	P	P	N
Air conditioning equipment	N	P	P	P	N
Arbors and trellises (not taller than 7 feet nor wider nor longer than 5 feet)	N	P	P	N	N
Architectural projections such as chimneys, flues, sills, eaves and attached gutters, belt courses, and ornaments (not to exceed 3 feet)	P	P	P	P	N
Awnings and canopies projecting into not more than 10% of yard depth	P	P	P	P	N
Balconies, open (not more than 20% of required yard depth)	N	P	N	N	N
Basketball goal (limited to 1 pole mounted or garage mounted in residential zoning districts only not closer than 3 feet to any property line)	P	P	P	P	N
Bay windows (not to project greater than 3 feet or no more than 25% of the required yard, whichever is the lesser)	P	P	P	P	N
Compost bins and rain barrels	N	P	P	P	N
Decks, open (not closer than 6 feet to any property line)	N	P	P	N	N
Fences (see the requirements of chapter 153, "Fences", of this title)					P
Flagpoles (not closer than 6 feet to any property line)	P	P	P	P	N
Hedge (up to any property line provided the hedge does not interfere with any ordinance required sight distance)	P	P	P	P	N
Landscape buffer yards required by this chapter (up to any property line provided the landscape buffer yard does not interfere with any ordinance required sight distance)	P	P	P	P	P
Laundry drying equipment (not closer than 3 feet to any property line)	N	P	N	P	N
Skateboard ramps (not closer than 6 feet to any property line)	N	P	N	N	N
Stairways, open without roof (not projecting more than 25% into the required yard)	P	P	P	P	N
Steps in the landscape (steps located on grade which are not structural in nature)	P	P	P	P	N
Steps providing principal access to a structure, open without roof (not projecting more than 25% into the required yard)	P	P	P	P	N
Swimming pools, private (also see the requirements of division 159-6.102(H) of this chapter)					N
Tennis courts, private (not closer than 10 feet to any property line)	N	P	N	N	N
Trash dumpsters and/or garbage receptacles (also subject to the other provisions of this chapter and not closer than 6 feet to any property line)	N	P	P	P	N
Trees, shrubs, and flowers (up to the property line)	P	P	P	P	P
Utilities and electric power and communication transmission lines	P	P	P	P	P
Volleyball courts, private (in residential districts only not closer than 10 feet to any property line)	N	P	N	N	N
Walls (not closer than 1 foot to any property line)	P	P	P	P	P
Other accessory uses (as may be permitted elsewhere in this chapter not closer than 6 feet to any property line)	N	P	N	N	N

 

Note:

   1.    This table does not supersede any PUD covenants and/or deed restrictions or any other covenants and/or deed restrictions which are more restrictive.

      (3)   Limited Exemption Of Wireless Communications Towers. The following wireless communications towers, antennas, and associated accessory structures and facilities are exempt from the provisions of this chapter:

         (a)   A ground or building mounted receive-only radio or television antenna which does not exceed 40 feet in height and which is used solely by the occupants of a dwelling located in a residential zoning district. In residential zoning districts there shall be no more than 1 tower per lot.

         (b)   A ground or building mounted receive-only radio or television satellite dish which does not exceed 1 meter in diameter in any zoning district.

         (c)   A citizens band radio tower and antenna which does not exceed 40 feet in height.

         (d)   A tower and antenna(s) used in the amateur radio service which does not exceed 75 feet in height.

         (e)   Microwave dish antennas for private home use.

         (f)   Governmentally owned and operated receive and/or transmit telemetry station antennas as typically used in supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, stormwater, pump stations and/or irrigation systems, with heights not exceeding 35 feet.

         (g)   Towers, equipment facilities, and antennas that existed prior to November 8, 2004.

         (h)   Governmental owned and/or operated wireless communications towers, antennas, and associated accessory structures and facilities including those owned by the Village of Lindenhurst.

(Ord. 17-2-2065, passed 2-27-2017)