A. Accessory Uses: Accessory uses shall not be established prior to the establishment of the principal use, and shall not include the keeping, propagation, or culture of poultry, cattle, goats, sheep, pigs, horses, or other livestock, whether for profit or not for profit; except, that horses may be kept only as specified in section 11-6F-4 of this title. (1990 Code §21.1.100; amd. 2011 Code)
B. Accessory Buildings:
1. No accessory building, unless it is structurally a part of the principal building and unless it conforms with requirements of accessory buildings for special uses, shall be erected or altered, nor moved to a location within ten feet (10') of the nearest wall of the principal building, nor within the required area for front or side yards of the lot as set forth for the district; and in residence districts, an accessory building in a rear yard shall be not less than five feet (5') from any property line.
2. No accessory building shall encroach upon that side yard of a corner lot which is adjacent to the street nor upon that side yard of a reversed corner lot which is adjacent to the street, nor upon the rear yard of a through lot.
3. No accessory building shall have more than one story nor exceed seventeen feet (17') in height, unless otherwise permitted as an accessory to business and manufacturing uses, or to authorized special uses. (1990 Code §21.1.100)
C. Aboveground Swimming Pools And Hot Tubs:
1. Aboveground swimming, soaking or wading pools, hot tubs and other similar structures, including any pool or tub support structure, fencing or screening, deck, pump or recreation equipment or other appurtenances thereto (hereafter "aboveground pool structure") shall only be allowed in rear yard areas behind the principal building and shall be generally centered between the lines formed by the extension of lines parallel with the side walls of the principal building into the rear yard area. No portion of any aboveground pool structure shall be located within twenty feet (20') of a rear lot line, nor within one foot (1') of any easement or right of way. No aboveground pool structure may cover more than one-third (1/3) of the total area contained in the rear yard of the lot in which it is located.
2. Each aboveground pool structure shall be required to have screening in areas which face the side or rear property lines of the lot in which they are located, and screening in any area which may be visible from a public road, sidewalk or pathway, in compliance with the following requirements:
a. Screening may be located either at the perimeter of the property line, if otherwise permitted under the applicable regulations and ordinances, or around the perimeter of the aboveground pool structure.
b. Permissible screening materials include decorative wood, decorative aluminum or decorative wrought iron fencing or screening in a height not more than four feet (4') above the highest portion of the aboveground pool structure, nor more than seven and one-half feet (71/2') above grade level, provided such fencing or screening is otherwise permissible on the premises. All such screening materials must be of a design and in a configuration approved by the village building department.
c. Any aboveground swimming, soaking or wading pool, hot tub or other similar structure which has the vertical surfaces of the exterior finished with a wood facade shall not be required to screen such portions which are covered by the wood facade; provided, that the top surface of the aboveground pool structure must be covered by a locked, tamper resistant cover constructed of a sturdy material capable of supporting not less than one hundred fifty (150) pounds at all times when the aboveground pool structure is not presently actively in use. Further, any vertical portion of the structure which is not covered by a wood facade, including any support structure, fencing or screening, deck, pump, or recreation equipment or other appurtenances thereto, shall be required to be screened in accordance with this subsection C2.
d. Any aboveground pool structure which has screening located at the perimeter of the property line shall also be required to utilize landscape screening at the perimeter of the aboveground pool structure. Such landscape screening may consist of either: 1) evergreen shrub plantings with a minimum height at time of planting of three feet (3') above grade level, with a minimum plant spacing of three feet (3') on center; or 2) deciduous shrub plantings, with a minimum height at time of planting of three feet (3') above grade level, with a minimum of two (2) rows of plant screening, with a minimum plant spacing of one and one-half feet (11/2') on center when measured for the two (2) rows (i.e., staggered installation in 2 rows, with each row having plants installed at 3 feet on center).
e. The decorative wood, decorative aluminum or decorative wrought iron fencing required to be constructed either at the perimeter of the pool structure or at the perimeter of the yard shall be of a nonclimbable design, and shall completely surround such aboveground pool structure in such a manner as to minimize the danger of unsupervised children gaining access thereto. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping such doors or gates securely closed at all times when not in actual use. All such latches shall be made inaccessible to small children from the outside, and shall be installed prior to the filling of the aboveground pool structure with water. (Ord. 2006-15, 6-3-2006)
3. Excluding fencing or screening required under subsection C2 of this section, which is subject to the height restrictions contained therein, no portion of any aboveground pool structure shall exceed forty eight inches (48") above the grade level existing prior to installation of the aboveground pool structure. Where the grade of a given site induces a variation in the height from grade to the top of the pool structure, the finished level of the pool may be up to fifty-four inches (54") from the finished grade level, provided that some portion of the pool is not more than forty-eight inches (48") from the finished grade level. (Ord. 2008-15, 5-5-2008)
4. Temporary aboveground pool structures which: a) do not exceed twenty-four inches (24") in height; b) do not exceed sixteen feet (16') in diameter; c) are constructed of plastic or rubber; d) do not require any permanent structure, framework, or site preparation; and e) are in place for not more than two (2) weeks at a time with a complete removal thereafter, are exempt from the requirements of this subsection.
5. Any applicant for a permit to construct an aboveground pool structure in an area of the village which is subject to a homeowners' association or property owners' association shall be required to provide a clearance letter from the applicable association prior to receipt of a permit from the building department. Applicants who seek to obtain a permit without providing such a clearance letter shall make application to the village board of trustees for issuance of their permit, which may only be issued after the holding of a public hearing on the proposed aboveground pool structure.
6. Notwithstanding the provisions of this subsection, this subsection shall not apply to any aboveground pool structure installed prior to June 19, 2006; provided, that such pool structure is maintained in its configuration as installed.
7. Removable, Above-Ground Swimming Pools: The following provisions shall apply to removable, above-ground swimming pools that are not maintained in place for longer than four (4) months per year:
a. Where an above-ground swimming pool is removable, a resident may apply for a single building permit for the pool. This permit shall permit initial installation of the pool, as well as subsequent removal and reinstallation in subsequent years, without requirement of obtaining a new permit on an annual basis, provided that:
(1) The pool remains substantially the same size and shape;
(2) The pool is reinstalled in substantially the same location (and not on any public or private easements or other prohibited areas);
(3) The yard in which the pool is installed remains configured substantially the same (i.e. screening and fencing is maintained, no new permanent improvements are installed that interfere with the pool or that create new setback areas, etc.); and,
(4) The pool does not require any new or additional utility connections (e.g. does not have an electric pool heater installed, etc.).
b. Removeable, above-ground swimming pools are required to comply with the applicable fencing standards, but are not required to comply with the screening standards outlined in Section 11-5-6(c)(2)(d), above.
8. Alternative Swimming Pool Locations Authorized: Where possible, swimming pools shall be installed in accordance with the requirements of the Village zoning code, in the rear yard of a platted lot, between the lines created by the parallel extension of the sides of the principal building, and within the rear yard building setback line. Where such installation is not practical based upon the presence of utility installations, patios or other permanent improvements, a pool may be relocated so as to extend beyond the parallel extension of the sides of the building or to move into the rear yard building setback area, provided that:
a. The pool does not intrude on any public or private easements;
b. The pool is not located in an area that would interfere with the drainage of the property or any other properties;
c. The pool is located so as to minimize the intrus1on in areas where it would not customarily be permitted to the greatest extent possible;
d. The pool location is acceptable to the Chief Building Official; and,
e. The pool location complies with applicable, mandatory setbacks from items such as permanent structures and electrical services. These provisions shall not authorize non-compliance with other Village regulations on pools. The Chief Building Official shall be authorized to approve of pool configurations in compliance with this alternative standard without requirement of any public hearing or approval of a variance, where required based upon the configuration of a given lot. If the Chief Building Official denies a permit requesting such alternative relief under this subsection (8), the property owner may appeal such denial by filing a petition for a zoning variation with the Planning and Zoning Commission. This shall be the sole mechanism to contest a denial of the Chief Building Official's determination under this subsection (8). The Chief Building Official is further authorized to impose such additional building permit conditions or requirements as may be appropriate based upon the configuration of a given lot, including but not limited to additional fencing, screening, grading or utility requirements.(Ord. 2006-15, 6-3-2006; amd. Ord. 2020-O-26, 7-20-2020)