In a U-1 District, only the following accessory uses are permitted as regulated in this Zoning Code:
(a) Private Garages. One or more attached garages which do not exceed an aggregate of 1,000 square feet. However, a larger attached garage is permitted provided:
(1) The floor area of such garage does not exceed thirty percent (30%) of the gross footprint of the dwelling; the gross footprint of the dwelling shall be calculated using the exterior perimeter of the residence;
(2) The proposed garage is subject to Final Development Plan review, pursuant to Chapter 1143, and a determination by the Planning and Zoning Commission and the Architectural Board of Review that such larger garage will be of such size, design, and location on the site as to have no material adverse impact on other properties in the Village.
(b) Home Occupation. A home workspace may be permitted in a U-1 District provided that the non-residential use is limited to an accessory use and does not in any manner whatsoever disrupt or alter the residential character of the neighborhood in which it is located, and further provided that:
(1) No window display or sign shall be used to advertise work in such occupation.
(2) No person, other than members of the family residing within the dwelling and two (2) additional person, shall engage or assist in such occupation.
(3) The residential character of the dwelling exterior or accessory building shall not be changed. No on-site storage of products, equipment or materials shall be permitted unless such products, equipment or materials are stored in a fully enclosed structure.
(4) No equipment or process shall be used which creates any dust, noise, odor, glare, vibration or electrical interference detectable to the normal senses off the lot. No electrical interference shall cause fluctuations in line voltage off the premises.
(5) The home occupation shall not attract a greater number of vehicles than can be parked in the driveway at any given time and the daily number of truck deliveries shall not be greater than generally expected in the neighborhood.
(6) No merchandise shall be sold except that which is produced or processed on the premises.
(7) Vehicles used for the Home Occupation, or other mobile equipment, shall not be parked overnight in driveways or in open yards. No such vehicle may exceed 10,000 lbs. GMVW (Gross Motor Vehicle Weight).
(8) No vehicle repair shall be permitted on any property unless performed by the owner or occupant on his or her own vehicle, or the vehicle of a member of the family of the owner or occupant of the property.
(c) Private Stables. One horse or pony may be kept for each 20,000 square feet of lot area provided the following conditions are complied with:
(1) The stable is located not less than fifty (50) feet from any lot line.
(2) The animals are confined in an acceptable fenced enclosure located not less than fifty (50) feet from any residential building.
(d) Domestic Animals. The keeping of pigs and hogs is not permitted. Fowl and other domestic animals may be raised and kept on a lot of not less than one and one-half (1-1/2) acres for the owner’s use provided the following conditions are complied with:
(1) All areas used for pasturing, grazing or exercise shall be securely fenced.
(2) All fowl and domestic animals except household pets shall be housed in a building erected and maintained for that purpose and such building shall be located not less than fifty (50) feet from any lot line.
(3) Access to ponds and natural water courses shall be prevented.
(e) Accessory Buildings. In a U-1 District, accessory buildings may be permitted in the rear yard of a residential lot in accordance with the following requirements:
(1) Maximum building area. The total area of the accessory buildings shall not exceed 1,000 square feet or one percent (1%) of the lot area, whichever is greater.
(2) Number of accessory buildings permitted.
Lot Area (Acres) | Number of Accessory Buildings |
3 or fewer acres | 2 |
over 3 acres | 3 |
(3) An accessory building shall be set back not less than twenty-five (25) feet from any side or rear property line. On a corner lot, such building shall be set back not less than sixty (60) feet from the side street right-of-way line.
(f) Spacing Between Principal and Accessory Buildings
(1) When an accessory building complies with the setbacks for the principal building, the minimum spacing between the principal and accessory building shall be seven (7) feet.
(2) When any portion of an accessory building is located so it is not in compliance with the setbacks for the principal building than the minimum spacing between the principal and accessory building shall be twenty (20) feet.
(g) Swimming Pools. Swimming pools may be located in a U-1 District as an accessory use to a dwelling. The pool and accessory buildings, structures or other equipment shall not be located in a front or side yard and shall be not less than twenty-five (25) feet from any lot line. Every swimming pool shall be enclosed by a fence at least forty-eight (48) inches in height and constructed so as to prevent uncontrolled access. At all times when a swimming pool is not in use, the gates in such fence shall be secured.
(i) Solar Energy Systems: A Solar Energy System consists of photovoltaic cells and related accessories that are designed to convert solar energy into electrical energy; or a system consisting of solar thermal collectors, parabolic reflectors, or similar structures that are designed to harness solar energy for use as thermal energy for heating water or air or for some other permitted use; and may include battery storage systems on the property meeting requirements of Section 1148.02
(i)(6)C. Solar Energy Systems are a conditionally permitted accessory use, provided that the following standards and conditions are met:
(1) Solar panels shall be placed on the portion of roof of any residential or accessory building so that the panel or panels:
A. Are not visible from any street or sidewalk at the front of the property;
B. Do not extend beyond the edge of the roof; and
C. Are placed parallel to the plane of pitched roof (sloped in excess of 4 inches per foot) and are not more than eighteen inches (18") above the surface of the roof when measured to the top of the solar panel.
D. To provide proper system performance for low slope (pitches less than four inches per foot) and flat roofs, and then alternative heights and configurations may be considered to exceed minimum height above the roof as approved by the Planning Commission.
(2) Solar panels may only be considered in roof locations, that are not in compliance with subsection (1) above, or not in a rear yard, when the applicant has demonstrated to the satisfaction of the Planning and Zoning Commission that:
A. The alternative location is necessary to make the system economically justifiable; or
B. There are no alternative locations in compliance with subsection (1) and all alternative locations have been adequately evaluated; or
C. The proposed panel(s) and their location(s) are designed to minimize any adverse impacts to the neighborhood; and/or
D. The size and location of any structure is the minimum necessary to serve the needs of the building (s) on the property.
(3) Solar equipment (other than the panels) shall only be placed inside a building or in the rear yard.
(4) Any ground mounted solar panel systems or related equipment being proposed shall:
A. Only be located in a rear yard and in compliance with the setback requirements for accessory buildings;
B. Have an allowed height for both the solar panels and related equipment consistent with the maximum height of accessory buildings permitted within the district;
C. Comprise only the minimum area needed to provide the energy necessary to serve the property but in no case have a maximum area greater than one thousand (1,000) square feet when measured using a horizontal plane around the perimeter of the system and such area shall not be in addition to that allowed for in the maximum area allowances for accessory buildings and structures as otherwise regulated in each zoning district.
D. Be reasonably screened from view of adjacent property or a street, as determined by the Planning and Zoning Commission, by existing or proposed landscaping and/or fencing. Screening shall be shown on the plans submitted with the application.
(5) Solar panels and related equipment shall be located, oriented or screened and constructed of such material to prevent to the fullest extent practicable glare from solar panels to not be directed at any other person, building or public right of way.
(6) An application for a Solar Energy System to be reviewed by the building and fire departments shall include:
A. Complete architectural and engineering drawings, adequately scaled and dimensioned, depicting the location, installation, mounting, anchorage details, appearance on the building and details for wiring and connections, battery storage system as noted in Section C below for the proposed system.
B. The manufacturer’s specifications for the system being proposed.
C. Where Battery Storage Systems are proposed for Solar Energy Systems, they shall include, but not limited to:
i. List of equipment
ii. Location plan and site plan
iii. Ventilation
iv. Containment
v. Supporting structures for batteries and equipment
vi. Electrical system, devices and wiring
D. A description and plan of the trees and/or other vegetation that needs to be trimmed or removed from the site for evaluating the removal of such vegetation.
E. Verification that the installer has professional training, NABCEP certification and licensure as required for work requiring such by state or federal law.
(7) When locating a solar panel, it is the property owner’s responsibility to consider current and future development, growth of trees and vegetation, and other obstructions that might interfere with solar access. Nothing in this section shall prohibit the owner of the solar energy conversion system from obtaining a solar access easement from any person.
(8) All solar energy systems must be reviewed and approved by the Village Building Commission, Fire Inspector, Electrical Inspector and Planning Commission prior to issuance of a permit to install the system.
(9) Post a sign indicating the existence of a Solar Energy System and Battery Storage System on the premises identifying location of disconnects for electrical systems to assist Village safety forces when accessing a property or building containing solar panels in case of fire or other emergency.
(Ord. 2022-18. Passed 12-7-22.)