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(A) Change in structures or use. Except as may otherwise be provided, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter, shall be subject to all regulations herein which are applicable to the zoning district in which such buildings, uses or land shall be located.
(B) Non-conforming buildings, structures and uses. Any lawful building, structure or use existing at the time of the enactment of this chapter may be continued, even though such building, structure or use does not conform to the provisions herein for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions in §§ 157.030 through 157.040.
(C) Building permits. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter, and provided that construction is begun within 90 days of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further may, upon completion, be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of §§ 157.030 through 157.040.
(Ord. 77-08, passed 6-28-77)
(A) Use. No building, structure or land shall hereafter be used or occupied and no building or part thereof or other structure shall be erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located, except as authorized by a pre-existing section of this chapter.
(B) Bulk. All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the village.
(Ord. 77-08, passed 6-28-77)
(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 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 chapter shall subsequently be reduced below or further reduced below if already less than the minimum yard requirements of this chapter for equivalent new construction.
(E) 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 above the street grade within 25 feet of the intersecting property lines bordering corner lots; and
(2) In any manufacturing district within 12 feet of the intersecting street lines bordering a corner lot, provided that this regulation shall not apply to that part of a building above the first floor; and
(3) In any residential, commercial or industrial district, there shall be no trees with overhanging branches permitted which are less than 12 feet above the centerline of the street.
(F) Exception for existing developments.
(1) Where 40% or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed (within a variation of five 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 building.
(2) Where 40% or more of the frontage on one side of a street between two 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 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the two existing buildings.
(b) Where a building is to be erected within 100 feet on an existing building on one side only, it may be erected as close to the street as the existing building.
(G) Permitted accessory buildings, structures, and uses. The following accessory buildings, structures, and uses are permitted and may be obstructions in required 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.
C Denotes permitted obstruction in open courts.
(1) Awnings or canopies for residential buildings which may project not more than three (3) feet into a required yard or court. | F | S | R | C |
(2) Arbors or trellises, and where trellises are attached to the principal building they may also project into front yards, side yards, rear yards and courts. | F | S | R | C |
(3) Air conditioning equipment, window units may project not more than 18 inches, central air conditioning units may project into a required yard by not more than four feet, provided the unit is adequately screened. | F | S | R | C |
R | ||||
(4) Architectural entrance structures on a lot not less than one 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 four feet. | F | R | C | |
(6) Bay windows, projecting not more than three feet into a yard. | F | R | ||
(7) Chimneys, attached, projecting not more than 18 inches into a yard or court. | F | S | R | C |
(8) Eaves and gutters on principal buildings and attached accessory buildings, projecting not more than two feet into a required front and rear yard and not more than 18 inches into a required side yard or court. | F | S | R | C |
(9) Flagpoles. | F | S | R | C |
(10) Garages or carports, attached or detached. | S | R | ||
(11) Growing of farm and garden crops in the open; flowers and landscaping permitted in all yards. | R | |||
(12) Open entrances, stoops, porches, terraces, when not covered, may project not more than ten feet. | F | |||
(15) Ornamental light standards. | F | S | R | C |
(16) Playground and laundry-drying equipment. | R | C | ||
(17) Playhouses and open-sided summer houses not exceeding 120 square feet or 2% of the total lot square footage whichever is greater in all districts. However, in no event shall an accessory playhouse or open-sided summer house exceed 350 square feet regardless of the total lot square footage. Sheds and storage buildings for garden equipment and household items as accessory to dwellings and buildings and structures customarily incidental to the pursuit of agriculture, not exceeding 120 square feet or 2% of the total lot square footage whichever is greater in all districts. However, in no event shall an accessory shed exceed 350 square feet regardless of the total lot square footage.
| R | |||
(18) Signs and nameplates as herein regulated. | F | S | R | C |
(19) 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 | C |
(20) Steps, four 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. | F | S | R | C |
(21) Swimming pools, private--when conforming also with other codes or ordinances of the village. | R | |||
(22) Tennis courts, private. | R | |||
(23) Terraces, patios, and outdoor fireplaces. | R | |||
(24) Trees, shrubs and flowers. | F | S | R | C |
(Ord. 77-08, passed 6-28-77; Am. Ord. 86-07, passed 2-9-87; Am. Ord. 93-04, passed 7-6-93; Am. Ord. 19-40, passed 10-28-19)
In all Residence Districts, an occupation operated for profit shall be permitted provided that:
(A) It is conducted entirely within the dwelling by a member of the family residing in the dwelling and when such home occupation is incidental and secondary to the use of the dwelling for dwelling purposes;
(B) It is not conducted from a detached or attached accessory garage building or does not require internal or external alteration, or involve construction features or use of equipment not customary in a dwelling, and the entrance to the space devoted to such occupation shall be from within the dwelling and not more than one-fourth of the floor area of a story including also a cellar of the dwelling if devoted to such home occupation;
(C) There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling;
(D) No product assembled or made on the premises shall be offered for sale in any dwelling unit;
(E) A home occupation conducted by a professional person may be for the consultation, instruction or performance of religious rites for the general practice of the profession, but shall not permit any professional assistance to the practitioner; and
(F) Teaching of musical instruments, arts and crafts, dancing and shall be conducted only in a single-family detached dwelling and then, to not more than four pupils at one time.
(Ord. 77-08, passed 6-28-77) Penalty, see § 157.999
(A) Contiguous parcels. When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use.
(B) Lots or parcels of land of record. Any single lot or parcel of land, held in one ownership, which was of record at the time of adoption of the ordinance that does not meet the requirements for minimum lot width and area may be utilized for a permitted use, provided that yards, courts or usable open spaces are not less than 75% of the minimum required dimensions of areas.
(Ord. 77-08, passed 6-28-77) Penalty, see § 157.999
Except as otherwise provided for herein, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street, unless a permanent easement of access to a public street was of record prior to the adoption of the ordinance.
(Ord. 77-08, passed 6-28-77) Penalty, see § 157.999
Except in the case of a planned development, not more than one principal detached residential building shall be located on a residential lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.
(Ord. 77-08, passed 6-28-77)
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