A. Accessory uses, buildings and structures customarily incidental to and commonly associated with a use allowed as a permitted or special use within a particular zoning district may be allowed to occupy the same zoning lot as the permitted or special use, provided that the following standards are met:
1. The accessory use, building or structure shall be compatible with the principal use and principal building and shall not be established prior to the establishment of such principal use and principal building.
2. The accessory use, building or structure shall be subordinate in volume, floor area, intensity, extent, and purpose to the principal use and principal building. When located outdoors (and not in any required yards), tennis and other playing courts and swimming pools shall be classified as permitted accessory uses and accessory structures. If playing courts or swimming pools are enclosed and become detached accessory buildings, then they are subject to the regulations governing accessory buildings generally in this title. When any tennis or playing courts or swimming pools are located inside a principal building or are deemed to be part of a principal building by virtue of substantial attachment as provided in this title, they shall be classified as permitted accessory uses within the principal building provided they are subordinate to the principal use and principal building, meaning, among other things, that the gross floor area of the accessory use in question does not exceed seventy five percent (75%) of the gross floor area of the ground floor of the principal building not including any attached garage; provided, however, that if the story within the principal building containing any such playing courts or swimming pool shall be considered a basement level for purposes of this title, then such accessory uses shall be deemed subordinate to the principal use and principal building without regard to the gross floor area of such accessory uses. To the extent that any existing, indoor tennis courts, playing courts or swimming pools as of July 1, 2003, would no longer be deemed subordinate to the principal building in which they are located, such uses shall constitute a legal nonconformance and may continue as nonconforming lawful uses in accordance with the regulations of this title.
3. The accessory use, building or structure shall be operated under the same ownership and on the same zoning lot as the principal use and principal building, shall not include structural or structural features inconsistent with the principal use and principal building, and shall not involve the conduct of any business, profession, or trade unless expressly authorized in this title.
B. The keeping and breeding of equine animals, adult dogs or other animals and the growing and culture of nontoxic plants solely for the enjoyment of the owner or occupant are permitted accessory uses subject, however, to the following:
1. No equine animals are permitted on lots of less than eighty thousand (80,000) square feet exclusive of road easements. No more than two (2) equine animals may be kept on lots of eighty thousand (80,000) square feet or more, exclusive of road easements, but less than one hundred sixty thousand (160,000) square feet exclusive of road easements. A maximum of four (4) equine animals may be kept on lots of one hundred sixty thousand (160,000) square feet or more, exclusive of road easements.
2. No more than three (3) adult canines shall be housed, boarded, trained or bred on any lot at any time.
3. Other animals, such as, but not limited to, rabbits, chickens, ducks, geese, canaries, may be kept on any lot of one acre or more, provided the total number of such animals over forty (40) days of age does not exceed ten (10) at any time.
4. The keeping, hiring, trading, selling, nursing, propagation, culture or feeding of animals and plants for remuneration or other valuable considerations is prohibited in all districts. (Ord. 03-7-11, 7-2-2003)
5. The keeping, care or feeding of swine, goats, sheep, snakes, pigeons, bats, rats, bovine animals, hawks and eagles, and dangerous or game animals is prohibited in all districts. (Ord. 03-7-11, 7-2-2003; amd. Ord. 13-06-10, 6-4-2013)
6. Bees may be kept on any lot, provided such beekeeping is conducted in accordance with the standards from time to time set forth in this code to govern hobby beekeeping. (Ord. 13-06-10, 6-4-2013)
C. No accessory building or structure shall:
1. Be located nearer to the lot line than is provided by the minimum setback restrictions for the side, rear and front yard for the principal building of the use district in which the accessory building or structure is located, except those that are permitted as obstructions in yards in accordance with section 9-2-6-8 of this chapter; provided however, that any accessory building used for the housing, training or the keeping of equine animals shall be located not less than sixty feet (60') from any lot line. (Ord. 03-7-11, 7-2-2003)
2. Be located nearer than ten feet (10') to the nearest septic field or drainfield tile line, nor shall exercise rings, corrals, pastures or other open areas for training, keeping or use of equine animals be located over any septic tank or drainfield tile line. All such areas used for equine animals shall be suitably fenced to contain the equine animal in such a manner as to protect any adjoining properties from trespass by said equine animal and provide protection without danger of injury to the equine animal. Fencing to corral equine animals shall comply with the fence ordinance. (Ord. 03-7-11, 7-2-2003; amd. Ord. 11-11-26, 11-15-2011)
3. Be erected, altered or moved to a location within ten feet (10') of the principal building (except for an inground swimming pool). No principal building shall be erected, altered or moved to a location within ten feet (10') of any detached, accessory building. The distance between a principal and accessory building shall be measured from eaves to eaves.
D. In residential districts, no more than two (2) detached accessory buildings shall be permitted on any lot.
E. The total combined ground area of all detached accessory buildings on a lot in a residential district (excluding private garages) shall not exceed one-half of one percent (0.5%) of the lot area plus five hundred (500) square feet.
F. No accessory building or structure shall exceed fifteen feet (15') in height, for a flat roof or mansard roof or eighteen feet (18') in height for all other roofs, unless otherwise permitted as accessory to authorized special uses; however, detached, private garages in residential districts without a flat or mansard roof may be constructed to three-fourths (3/4) of the height of the principal structure, measured to the roof apex, but in no case shall the height exceed twenty six feet (26').
G. No accessory building containing living quarters shall be erected or occupied on any lot, unless otherwise permitted as accessory to authorized special uses. (Ord. 03-7-11, 7-2-2003)
H. No accessory building or structure constituting a tent or an inflatable building or structure that incorporates a structural and mechanical system and employs a high strength fabric or film that achieves its strength, shape, and stability by pretensioning with internal air pressure, all of which are intended to provide an enclosed area, shall constitute a permitted accessory use or accessory building in any zoning district, except: 1) as a temporary noncommercial sponsored event for which a permit may be issued for up to five (5) days and 2) tents for housing outdoor events are allowed on country club property in accordance with the R-4 country club district regulations. Any tent or other temporary structure erected to house all or part of an event shall be removed within three (3) days following the completion of the function. Notwithstanding the foregoing restrictions, the village board may authorize a tent as a permitted temporary use on any property for which a special use has been granted for an animal shelter and training center, provided the village board makes the following findings: (Ord. 12-8-13, 8-7-2012; amd. Ord. 15-01-01, 1-6-2015)
1. The tent will be erected over a concrete foundation as a temporary measure before the erection of a permanent building over the foundation; and
2. The tent will be used for noncommercial events, but not for the housing of animals.
If the village board approves a tent based on the foregoing conditions, a temporary use permit shall be issued which shall be valid for a period of one year (and which shall authorize the installation, removal and reinstallation of the tent at any time during such period). Upon approval of the village board, the permit may be extended for a period of up to one additional year. Upon expiration of the permit, the owner shall remove the tent whether or not a permanent building has been commenced, unless a new permit is authorized by the village board. The issuance of a temporary use permit shall not waive any other applicable building and life safety codes and ordinances of the village with regard to the use and occupancy of the tent. (Ord. 12-8-13, 8-7-2012)