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Romeoville, IL Code of Ordinances
VILLAGE OF ROMEOVILLE, ILLINOIS CODE OF ORDINANCES
VILLAGE OFFICIALS OF ROMEOVILLE, ILLINOIS
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDING, ELECTRICAL, PLUMBING AND MECHANICAL CODES
CHAPTER 151: HOUSING/PROPERTY MAINTENANCE CODES
CHAPTER 152: POLLUTION CONTROL FACILITY SITING
CHAPTER 153: (RESERVED)
CHAPTER 154: FACILITIES FOR HANDICAPPED
CHAPTER 155: RENTAL PROPERTY INSPECTIONS
CHAPTER 156: RESIDENTIAL RENTAL PROPERTY LICENSING AND CRIME FREE HOUSING
CHAPTER 157: COMPREHENSIVE PLAN
CHAPTER 158: DEVELOPMENT REGULATIONS
CHAPTER 159: ZONING CODE
CHAPTER 160: STORMWATER MANAGEMENT
CHAPTER 161: OFFICIAL LANDMARK DESIGNATIONS
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 159.014 SIGHT TRIANGLE.
   (A)   Intent and purpose.
      (1)   The following section pertains to the clear line of sight at intersections of streets and major driveways. The criteria are based on American Association of State Highway and Transportation Officials (AASHTO) and the Illinois Department of Transportation (IDOT) design procedures. This section has been adopted to provide for safe turning movements by providing clear visibility zones at intersections clear of obstructions such as trees, walls, signs, buildings, etc. This policy is not intended for determining traffic controls at intersections. The need for traffic controls is to be assessed by the rules and regulations contained in the Manual on Uniform Traffic Control Devices and as recommended by the Village Engineer.
      (2)   The application of intersection sight distance and stopping sight distance shall extend to all proposed and existing public street intersections and all proposed and existing intersections of private streets and drives with public streets, including multi-family and commercial entrances. This also includes local to local intersections such as those within proposed subdivisions. The village requires that both intersection and stopping sight distances shall be shown with their geometries on all final construction drawings and be analyzed during the traffic impact study process.
   (B)   Visual obstructions. Visual obstructions shall be defined as any object within intersection sight triangles between the heights of no more than three feet measured relative to the elevation of the nearest pavement crown. This is based on a driver eye height of three feet and an object height of three feet (AASHTO and IDOT). Overhanging branches or other elevated obstructions may not be any lower than ten feet measured relative to the elevation of the nearest pavement crown.
   (C)   Stop sign controlled intersections. In determining the area of the sight triangle for intersections with stop sign control, the following criteria shall be used:
      (1)   One-way stop control: The sight triangles for a stop controlled minor road at a T-intersection with left turns allowed shall be the same as for the two way stop control.
      (2)   Two-way stop control: The sight triangles for a stop controlled minor road with left turns allowed shall be based on Figures 1 & 2 and Tables 1 & 2. The left turning movement requires a longer intersection sight distance than the right turning movement; therefore, the criteria for the left turn conditions apply.
         (a)    Figure 1. Left turners looking left.
 
         (b)    Figure 2. Left turners looking right.
 
         (c)    Figure definitions and calculations.
            1.   ISD = Intersection Sight Distance. See table 1 and table 2.
            2.   d = Distance from the edge of nearest through lane to the decision point; 18 ft. preferred, 14.5 ft. minimum (AASHTO 2004). Any distance other than 18 ft. must be approved by the Village Engineer.
         (d)    Table 1.
 
Table 1. Intersection Sight Distance for Passenger Cars at Stop Controlled Intersections -
Left turners looking left
Design Speed of Major Road (mph)
20
25
30
35
40
45
50
55
ISD: Intersection Sight Distance (ft)
Based on the equation below
225
280
335
390
445
500
555
610
 
 
         (e)   Table 2.
 
Table 2. Intersection Sight Distance for Passenger Cars at Stop Controlled Intersections -
Left turners looking right
Design Speed of Major Road (mph)
20
25
30
35
40
45
50
55
ISD: Intersection Sight Distance (ft)
Based on the equation below
225
280
335
390
445
500
555
610
 
         (f)   Table definitions and calculations. Based on AASHTO - Geometric Design of Highways and Streets (2004) and IDOT BLR Sections 28 & 36.
            1.   Intersection Sight Distance (ISD) = Design speed (mph) x 1.47 x time gap (sec)
            2.   Intersection Sight Distance (ISD) - length of the leg of the sight triangle along the major roadway (ft)
            3.   Design speed of the major roadway (typically 5 mph over the posted speed limit)
            4.   1.47 - conversion from mph to fps
            5.   Time gap is (7.5 sec - passenger car; 9.5 sec - single-unit truck; 11.5 sec - tractor/semitrailer) for a turning vehicle to enter a 2-lane major road without a median from a minor road with 3% or less grade. If the major road is multi-lane or has a median, add 0.5 sec per additional 12 feet crossed to turn left. If the minor road grade is >3%, add 0.2 sec per percent grade above.
      (3)   Right out only, stop control: The sight triangle for a stop controlled intersection with only right turns allowed from the minor road shall be based on Figure 3 and Table 3.
         (a)    Figure 3. Right turners looking left.
 
         (b)    Figure definitions and calculations.
            1.   d = Distance from the edge of nearest through lane to the decision point; 18 ft. preferred, 14.5 ft. minimum (AASHTO 2004). Use 15 ft. unless otherwise approved by the Village Engineer.
         (c)    Table 3.
 
Table 3. Intersection Sight Distance for Passenger Cars at Right Out Only -
Right turners looking left
Design Speed of Major Road (mph)
20
25
30
35
40
45
50
55
ISD: Intersection Sight Distance (ft)
Based on the equation below
195
240
290
335
385
430
480
530
 
         (d)   Table definitions and calculations. Based on AASHTO - Geometric Design of Highways and Streets (2004) and IDOT BLR Sections 28 & 36.
            1.   Intersection Sight Distance (ISD) = Design speed (mph) x 1.47 x time gap (sec)
            2.   Intersection Sight Distance (ISD) - length of the leg of the sight triangle along the major roadway (ft)
            3.   Design speed of the major roadway (typically 5 mph over the posted speed limit)
            4.   1.47 - conversion from mph to fps
            5.   Time gap is (6.5 sec - passenger car; 8.5 sec - single-unit truck; 10.5 sec - tractor/semitrailer) for a turning vehicle to turn right from a minor road with 3% or less grade. If the minor road grade is >3%, add 0.2 sec per percent grade above 3.
      (4)   All-way stop control: The first stopped vehicle on one approach should be visible to the drivers of the first stopped vehicles on each of the other approaches.
   (D)   Traffic signal controlled intersections. The sight triangles for a traffic signal controlled intersection shall be described by the following conditions at each approach;
      (1)   Signals with off peak or night time flash operations shall follow the criteria for two way stop sign control on the red flashing approaches (Figures 1 & 2 and Tables 1 & 2).
      (2)   Signal approaches with right turns on red allowed that are not defined by IIA, shall follow the criteria for right out only, stop control (Figure 3 and Table 3.)
      (3)   Signal approaches not described by the conditions in either IIA or IIB shall use an intersection sight distance based on all-way stop control (ID).
   (E)   Yield controlled intersections. The sight triangles for a yield controlled intersection shall be described by the following conditions at each approach. Please note this information is referenced from the Guide for the Development of Bicycle Facilities, AASHTO, 4th Edition, 2012.
      (1)   Intersections that are not controlled by stop signs or signals are to be considered as yield-controlled intersections.
      (2)   For yield-controlled intersections between multi-use paths and roadways use the following figures/tables to calculate the appropriate sight triangles. Approach sight triangles depend on the design speeds of both the path and the roadway. If yield control is to be used for either approach, it is desirable that available sight distance be adequate for a traveler on the yield-controlled approach to slow, stop, and to avoid a traveler on the other approach. The roadway leg of the sight triangle is based on bicyclists' ability to reach and cross the roadway if they do not see a potentially conflicting vehicle approaching the roadway, and have just passed the point where they can execute a stop without entering the intersection. Figure 5-15, Table 5-7 (For Roadway Leg), and Table 5-8 (For Path Leg) shall be used for this condition.
 
 
 
      (3 )   For an uncontrolled intersection of a shared use path with a walkway (i.e, under yield control), a clear sight triangle extending at least 15 feet along the walkway should be provided (see Figure 5-16).
 
      (4)   If a shared use path intersects with another shared use path, sight triangles should be provided similar to a yield condition at a path-roadway intersection. However, both legs of the sight triangle should be based on the stopping sight distance of the paths. Use the equation in Table 5-7 for both legs of the sight triangle.
(Ord. 15-1229, passed 11-18-15)
§ 159.015 LOT COVERAGE.
STRUCTURE OR USE
FRONT YARD
CORNER SIDE YARD
REAR YARD
SIDE YARD
STRUCTURE OR USE
FRONT YARD
CORNER SIDE YARD
REAR YARD
SIDE YARD
STRUCTURE OR USE
FRONT YARD
CORNER SIDE YARD
REAR YARD
SIDE YARD
STRUCTURE OR USE
FRONT YARD
CORNER SIDE YARD
REAR YARD
SIDE YARD
Air conditioner condenser unit, window units
P
P
P
P
 
Gazebos, and pergolas
 
 
P
 
Animal houses, for domestic animals, not to exceed 16 square feet in area and 4 feet in height
 
 
P
 
 
Greenhouse, private in accordance with § 159.020
 
 
P
 
Antenna, freestanding, for non-commercial purposes
 
 
P
 
 
Lamp posts
P
P
P
P
Arbors, trellises
P
P
P
P
 
Landscaping
P
P
P
P
Architectural ornamentation, e.g. sills, belt courses, cornices
P
P
P
P
 
Laundry drying (clotheslines)
 
 
P
 
Awnings and canopies, projecting no more than 48 inches from the structure
P
P
P
P
 
Lawn and garden ornaments, sculpture and statuary less than 3 feet in height, and garden furniture
P
P
P
P
Basketball backboards, located no less than 6 feet from any public sidewalk and 5 feet from any lot line
P
P
P
P
 
Outdoor storage of firewood
 
 
P
P
Balconies, projecting no more than 60 inches from the structure but not less than 5 feet from any property line
P
P
P
 
 
Outdoor storage, in Industrial Districts in accordance with § 159.080 (F)
 
 
P
P
Barbeque grills, in-ground
 
 
P
 
 
Parking or storing of trucks in accordance with § 159.010 & 159.105 - 159.116
 
 
P
P
Bay windows, having no foundation and projecting no more than 36 inches from the structure
P
P
P
P
 
Parking spaces and aisles, loading berths, except covered or enclosed, in accordance with § 159.019 & 159.105 - 159.116
P
P
P
P
Cabanas
 
 
P
 
 
Patio, open to the sky
 
 
P*
P
Carport, permanent structure attached to the principal structure
 
 
 
 
 
Patio, permanently roofed-over
 
 
P
 
Children's playhouse, not to exceed 40 square feet in area
 
 
P
 
 
Porches, projecting no more than 8 feet from the structure and not less than 5 feet from any property line
P
P
P
P
Chimneys, having no foundation and projecting no more than 30 inches from the structure
P
P
P
P
 
Portico-chere, projecting no more than 14 feet from the structure
P
P
P
P
Decks, open to the sky and less than 36 inches above the ground as measured under the deck
 
 
P*
P
 
Public telephones, menu boards, and ATMs, except covered or enclosed, on a commercial or industrial lot and located not less than 10 feet from any property line
P
P
P
P
Decks, open to the sky and 36 inches or taller as measured under the deck
 
 
P
 
 
Rain barrels or rain garden
 
 
P
P
Decks, permanently roofed-over
 
 
P
 
 
Recreational equipment, e.g. childrens' swing set
 
 
P
 
Decks, level with main floor of home, 36 inches or taller projecting no more than 12 feet from the structure.
 
 
P*
 
 
Satellite antennas, freestanding in accordance with § 159.020
 
P
P
P
Dog runs, open to the sky and not to exceed 32 square feet in area
 
 
P
 
 
Signs and nameplates, in accordance with Part IV
P
P
P
P
Driveways and walkways
P
P
P
P
 
Solar energy devices, attached
P
P
P
P
Eaves and gutters, projecting no more than 36 inches from the structure
P
P
P
P
 
Solar energy devices, detached
 
 
P
 
Fall-out, storm shelters, attached or detached, above or below grade
 
 
P
 
 
Steps, at, above or below the first floor level
P
P
P
P
Fences and walls, more than three feet in height
 
 
P
 
 
Storing or parking of boats, trailers, campers, and recreational vehicles in accordance with § 159.019 & 159.105 - 159.116
 
 
P
P
Fences and walls, 3 feet or less in height
P
P
P
P
 
Swimming pools, hot tubs, Jaccuzi and outdoor spas in accordance with § 159.020
 
 
P
 
Fire escapes, open to the elements and projecting no more than five feet from the structure
P
P
P
P
 
Tennis, basketball courts
 
 
P
 
Fireplace, outdoor
 
 
P
 
 
Terraces, not more than 4 feet above level of adjoining ground
P
P
P
P
Flag poles, the height of which shall not exceed the distance from any lot line
P
P
P
P
 
Tool, garden shed or similar buildings or structures for domestic storage purposes in accordance with § 159.020
 
 
P
 
Garages, detached permanent structure in accordance with § 159.020
 
 
P
 
 
Trash receptacles and enclosures
 
 
P
P
Garden ponds, fountains, statuary and sculpture greater than 3 feet in height, artificial landscaping
 
 
P
 
 
Utility meters, distribution boxes, pedestals and other above ground appurtenances
P
P
P
P
Where 'P' indicates accessory structure or use is a permitted yard obstruction in the indicated yard as defined in this § 159.015 .
Where '*' indicates that decks and concrete patios that are attached to the primary structure are allowed to encroach into the rear building setback.
Accessory structures and uses not listed in this Table shall be considered as prohibited yard obstructions. Accessory structures and uses listed in this Table shall conform to the bulk regulations in § 159.020 unless otherwise specified in this Table.
 
(Ord. 07-0508, passed 2-21-07; Am. Ord. 09-0800, passed 12-16-09; Am. Ord. 22-1794, passed 9-21-22)
§ 159.016 LOT AREA AND DIMENSIONS.
   (A)   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 the use.
   (B)   Any single lot or parcel of land held in one ownership which was of record at the time of adoption of this chapter, 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 or area, except as provided in § 159.147, "Exemptions" of this chapter.
(Ord. 07-0508, passed 2-21-07; Am. Ord. 22-1794, passed 9-21-22)
§ 159.017 STREET ACCESS.
   (A)   Except as otherwise provided for in this chapter, every residential building shall be constructed or erected upon a lot, or parcel of land which abuts upon a street unless a permanent easement of access to a street was of record prior to the adoption of this chapter.
      (1)   All residential property shall have only one point of ingress/egress to and from the property into the public right-of-way. In the situation of a corner lot having an existing driveway, upon the establishment of another driveway with the approval and acceptance by the Building Inspector the property owner shall remove the original driveway access to the opposite street and replace with seed or sod.
      (2)   Exception, shall be where the lot width exceeds 100 feet across the frontage of the property where the owner may provide a horseshoe type of driveway.
   (B)   Access for all business and manufacturing buildings shall be similar to division (A) above, and shall also be subject to the full requirements of ingress and egress onto streets as so outlined within §§ 159.070 through 159.075 and 159.080 through 159.083.
(Ord. 07-0508, passed 2-21-07; Am. Ord. 22-1794, passed 9-21-22)
§ 159.018 NUMBER OF BUILDINGS PER LOT.
   Except in the case of a planned development, not more than one principal detached building shall be located on a zoning lot, nor shall a principal detached building be located on the same zoning lot with any other principal building.
(Ord. 07-0508, passed 2-21-07; Am. Ord. 22-1794, passed 9-21-22)
§ 159.019 PARKING OF VEHICLES.
   (A)   Residential districts. The parking of vehicles in all residential districts shall comply with the following regulations:
      (1)   No vehicle shall be parked between the street and the front lot line, nor in any area other than upon an approved parking area. The parking of vehicles shall be limited to vehicles of the first division (as defined in the State Motor Vehicles Code); vehicles of the second division having a gross vehicle weight, including vehicle and attached equipment and maximum load, of 8,000 pounds or less; and, vehicles registered as recreational vehicles of 10,000 pounds or less.
      (2)   No inoperative or partially dismantled vehicle shall be permitted on any residential property, unless it is within an enclosed garage.
      (3)   No vehicle used for transporting flammable liquids, explosives, toxic or noxious materials shall be parked or stored in any residential district.
      (4)   Nothing in the provisions of this section shall be construed to prohibit trucks or other service vehicles from being parked temporarily for purposes of making deliveries or rendering service to the property owner.
   (B)   Business districts. The parking of vehicles in all business districts is accessory to a principal structure and shall comply with the provisions of §§ 159.105 through 159.111, and with the following additional regulations:
      (1)   The parking regulations for residential uses within a business district are the same as those in the residential district.
      (2)   The outside parking or storage of any abandoned, damaged, inoperable, dismantled, or unregistered vehicle shall be prohibited in any business district except upon those properties for which that use has been established by this chapter.
      (3)   No vehicle used for transporting flammable liquids, explosives, toxic or noxious materials shall be parked or stored in any residential district.
      (4)   Nothing in the provisions of this section shall be construed to prohibit trucks or other service vehicles from being parked temporarily for purposes of making deliveries or rendering service to the property owner.
   (C)   Trailers, boats and recreational vehicles. The parking of these vehicles shall comply with the provisions of §§ 159.105 through 159.111, and with the following additional regulations:
      (1)   Trailers of any type, herein defined, shall not be permanently affixed to the ground as a principal or accessory structure on a lot in any district.
      (2)   Travel, camping trailers or recreational vehicles of any type (not inclusive of boats, see below) shall not be parked or stored on any lot other than in a lawfully-established travel camp or trailer sales or manufacturing establishment; except that in a residential district, one travel trailer, camping trailer or recreational vehicle may be stored on a lot containing a dwelling unit, provided further that no major repair, disassembly, or rebuilding operations are conducted thereon; not more than one travel, camping trailer or recreational vehicle may be parked or stored in the open lot in a residential district, provided that it shall not be located within a required front or side yard setback for that district. In the event the trailer cannot be located within the rear yard area, it may be located within the required front or side yard, but the travel, camping trailer or recreational trailer when stored in the front, side or rear of the property, shall be located upon a properly maintained hard surface capable of supporting the weight of the vehicle, as approved by the Zoning Administrator and/or Code Enforcement Officer.
      (3)   Parking and use of trailers for temporary offices or storage uses shall be permitted provided that a permit has been issued by the Zoning Administrator, and when such use is incidental to and only for the period of time for the construction of the principal building. The trailer(s) must be located on the same or contiguous lot as the building being constructed.
      (4)   Boats may be parked or stored in the open when in the operation of a lawfully established principal use, and one boat may be stored or parked on a lot containing a dwelling unit, provided the boat shall not be parked or stored within a required front or side yard setback for the district, and provided further that no major repair, disassembly, or rebuilding operations are conducted thereon. In the event the boat cannot be located within a rear yard area, it may be located within the required front or side yard, but the boat when stored in the front, side or rear of the property, shall be located upon a properly maintained hard surface capable of supporting the weight of the vehicle, as approved by the Zoning Administrator and/or Code Enforcement Officer.
      (5)   Trailers, boats, and recreational vehicles shall not be converted and used for the storage of any household items.
      (6)   Amortization of all existing trailers, camping trailers, boats and recreational vehicles in violation of the regulations herein and shall be brought into conformance with all applicable regulations of this chapter within six months after notification of any violation.
   (D)   Temporary portable storage units. The use of temporary portable storage units, as defined in § 159.003, is allowed for periods less than 72 hours in conjunction with a move or a remodel, and shall comply with the following regulations:
      (1)   Temporary portable storage units shall not be placed on village owned property or public right-of-way.
      (2)   Temporary portable storage units shall be placed only on hard surfaces, such as asphalt or concrete.
      (3)   Temporary portable storage units shall not obstruct vision or be placed with the sight triangle, as defined in § 159.003.
      (4)   No more than one temporary portable storage unit may be placed on any residentially zoned property at any one time.
      (5)   Temporary portable storage units may be placed on a specific lot on not more than three occasions in any 6-month period.
(Ord. 07-0508, passed 2-21-07; Am. Ord. 22-1794, passed 9-21-22)
§ 159.020 ACCESSORY STRUCTURES OR USE.
   No accessory structure or use, as defined herein shall hereafter be built, moved or remodeled, established, altered or enlarged unless such accessory structure or use is permitted by the ordinance. Accessory uses are permitted in any zoning district in connection with any principal use which is permitted within such district.
   (A)   Accessory use limitations and conditions. Each accessory structure and use shall comply with the applicable use limitations in the zoning district in which it is located and, in addition:
      (1)   Where an accessory structure is attached to the principal building, it shall be subject to and must conform to all regulations of this ordinance and other applicable ordinances of the village, i.e. Fire Prevention Code (Chapter 91), Building Code (Chapter 150).
      (2)   No accessory structure or use shall be constructed, occupied or established on any lot prior to the completion of the principal structure to which it is accessory.
      (3)   No accessory structure or use shall be permitted in any yard unless it is a permitted yard obstruction as provided in § 159.015.
      (4)   Outdoor storage, where permitted, shall be maintained in such a manner so as to prevent the over-growth of weeds, grasses and other obnoxious plant material, and the harboring of rodents and other animal and insect pests.
      (5)   Buildings and structures essential, incidental or customary to the pursuit of agriculture are exempt from the requirements of this section.
      (6)   On a corner lot occupied by a principal residential structure that is legally nonconforming with respect to the corner side yard set-backs, accessory uses and structures may be located in said corner side yard provided they maintain the same setback as the principal residential structure.
      (7)   The square foot area of all accessory buildings and structures, above grade level, shall be counted as part of the percentage of the total lot coverage as permitted in each zoning district. This shall include, but is not limited to, decks, sheds, detached garages, and swimming pools as defined in this section.
      (8)   Use restrictions. Except as permitted herein, accessory buildings or structures shall not be used for the keeping of livestock, poultry, or rabbits, whether or not for pecuniary gain unless the buildings and structures are located 50 feet from side and rear lot lines, and there shall be not more than one livestock for each 20,000 square feet of lot area with a minimum lot area of one acre.
   (B)   Permitted yard obstructions.
      (1)   No accessory structures and uses, except those which are permitted as obstructions in yards as indicated in § 159.015, Table of Permitted Yard Obstructions, shall be established, constructed or altered in, or moved to any yard. For the purpose of this section:
         (a)   Front yard shall refer to the open space on a lot between the front lot line and all of the vertical planes forming the front elevation of the principal structure;
         (b)   Rear yard shall refer to the open space on a lot between the rear lot line and all of the vertical planes forming the rear elevation of the principal structure, but excluding any corner side yard;
         (c)   Side yard shall refer to the open space on a lot between the side lot line and the vertical plane(s) forming the side elevation of the principal structure closest to the side lot line, but excluding any rear or front yard; and,
         (d)   Corner side yard shall refer to the open space on a lot between the corner side lot line and the vertical plane forming the side wall(s) of the principal structure closest to the corner side lot line, but excluding any rear or front yards.
   (C)   Location and height. All accessory structures and uses, permitted as obstructions in yards, as indicated in § 159.015, Table of Permitted Yard Obstructions, shall comply with the following requirements, unless provided otherwise in this ordinance:
      (1)   No accessory structure or use except fences shall be constructed, occupied or established on any public utility, drainage, or pipeline easement, except with the written permission of all utility companies and the village having rights to use the easement.
      (2)   No detached accessory structure, building or use, except fences and hedges, patios, walkways, driveways, hot tubs, or pergolas hereafter erected or altered shall be located less than ten feet from the principal building on the lot, or less than five feet from any other accessory structure on the lot.
      (3)   All accessory structures, buildings and uses, except fences, hedges, driveways, and walkways hereafter erected or altered shall be set back a minimum of five feet from the side lot line, ten feet from the rear lot line, and shall not be located in the required front or corner side yard setbacks, except as permitted in § 159.015. Except, in the area zoned R-5A an accessory structure may have a seven foot setback from the rear lot line.
      (4)   Detached accessory buildings or structures in residential districts shall not exceed one story in height. The total height of accessory buildings or structures shall not exceed 15 feet from the accessory structure pad to the ridge of the accessory structure, nor shall the height between the ground floor pad to the top of the finished wall exceed nine feet in height. Garage door height shall not exceed eight feet in height as measured form the floor pad of the garage.
   (D)   Time of construction. No accessory building, structure and/or use shall be constructed on any lot prior to the start of construction of the principal building to which it is an accessory.
   (E)   Use restrictions. Except as herein permitted for a specific permitted use, accessory buildings or structures shall not be used for the keeping of livestock, poultry, or rabbits, whether or not for profit unless the buildings or structures are located 50 feet from side or rear lot lines, and there shall be not more than one livestock for each 20,000 square feet of lot area with a minimum lot area of one acre.
   (F)   Types of buildings, structures and/or uses.
      (1)   Tents. Tents are temporary structures and shall not be erected, used, or maintained on any lot, except as provided herein.
         (a)   Temporary use of tents in residential districts is permitted for domestic recreational purposes subject to the following conditions:
            1.   That the tent is located on the same zoning lot as the principal structure.
            2.   That the tent shall comply with the yard and setback requirements of the district in which it is located.
            3.   That the tent shall be up for no more than 15 consecutive days and no more than three occurrences in a calendar year.
            4.   Tents in residential districts shall not be used for outdoor storage.
         (b)   Temporary use of tents in commercial and industrial districts is permitted subject to the following conditions:
            1.   That the tent is incidental to the business(es) located on the lot.
            2.   That the tent is used in conjunction with a special event or promotion by the business(es) on the lot.
            3.   That the tent is used adjacent an entrance of said business(es).
            4.   That the use of a tent occurs for a period not to exceed three consecutive days.
            5.   That not more than two such events shall be permitted on a lot during a calendar year.
            6.   That a personal property sales permit for a tent sale shall be obtained prior to erecting a tent.
         (c)   Temporary use of tents for religious, amusement or recreation purposes is permitted provided tents used for such purposes shall not:
            1.   Be used for a period to exceed one week.
            2.   Occur on a lot that will pose a safety hazard to pedestrians and motorists or interfere with the use and privacy of adjacent property.
            3.   Be located in any residential district, except on park, church, or school property, and shall comply with the yard requirements of the district in which it is located.
      (2)   Contractor's equipment. Contractor's equipment, supplies, or tools shall not be stored on any lot, unless the equipment, supplies, or tools are wholly enclosed within a building or vehicle. The use of storage containers to store contractor equipment shall be permitted solely on a lot with a valid building permit on which construction is taking place.
      (3)   Satellite television antenna, satellite dish, television, citizen band and amateur radio antenna's.
         (a)   In residential districts, no antenna or satellite dish shall be located in any front yard.
         (b)   In business, office, or manufacturing districts, no antenna or satellite dish shall be located in any front yard, and in all cases must be located in conformance with the setback requirements for accessory structures of the applicable zoning district.
         (c)   All parts of an antenna or dish shall be located at least five feet from any side or rear lot line in residential districts, and at least ten feet from any side or rear lot line in business, office, or manufacturing districts.
         (d)   In residential districts, satellite antenna or dishes shall not be located more than 15 feet above grade, and shall not exceed eight feet in overall diameter. In all business districts, satellite antennas or dishes shall not exceed 15 feet in overall diameter.
            1.   New technology has added satellite dishes/antennas that are 18 inches or less in size and are permissible within the side and rear yard setbacks, but not beyond the front edge of the principal building or structure.
            2.   If the satellite dish/ antenna is less than 24 inches in diameter a permit for installation is not required, if it is greater than this size a building permit must be obtained from the village as described herein.
            3.   The small dish may be secured to the roof in accordance with the manufacturer specifications and local building code, provided, that the overall height of the dish/antenna does not extend beyond the maximum height of the roof peak causing the dish/antenna to be visible from the public street.
      (4)   Residential driveways and curb cuts. All driveways in residentially zoned districts shall comply with the following:
         (a)   Driveways shall be concrete or asphalt and shall conform with the building requirements in Chapter 150.
         (b)   The maximum width of the curb cut in residential district shall be 25 feet.
         (c)   The minimum width of a driveway shall be nine feet.
         (d)   Shared driveways between two properties are permitted in the R-5A zoning district with the prior recording of a cross access easement against both properties.
      (5)   Private/public swimming pools. As used in this section, "swimming pool" means an outdoor artificial basin for holding water that is constructed, modified, improved, or installed in or above the ground of private residential property for the purpose of swimming or wading and that is capable of having a depth of 24 inches or more covering more than 25 square feet or that has a capacity of more than 200 gallons of water.
         (a)   No swimming pool, as defined herein, shall be permitted on a lot unless the pool has a protective fence with a locking ladder attached to it, or the yard in which the pool is located is completely enclosed by a fence not less than four feet in height.
         (b)   No swimming pool shall be located less than ten feet from any overhead utility line or less than five feet from any buried electric, telephone or cable television line.
         (c)   All swimming pools shall be equipped to be completely emptied of water, and the discharge shall be disposed of in such a manner that will not create a public nuisance in the street or on adjoining property.
      (6)   Sheds. All permanent structure sheds shall comply with the following:
         (a)   The maximum size of a permanent structure shed is 180 square feet.
         (b)   Permanent structure sheds must be affixed to a concrete slab, designed per the building regulations in Chapter 150.
         (c)   A maximum of one permanent structure shed is allowed per individual zoning lot.
         (d)   A resin/plastic shed, that is 64 square feet or less, shall not be considered a permanent structure shed under this section. Such a shed must only meet the side and rear accessory structure setback and not be located in an easement.
      (7)   Yard lamps. Outdoor yard lamps, gas or electric, are permissible provided that the following is adhered to:
         (a)   Lamp must be located a minimum of six feet from the back side of the public side walk.
         (b)   Have a low intensity luminaire as to not interfere or cast light onto adjacent properties or into the street.
         (c)   The yard lamp must be placed within a concrete foundation, with a bulb height not in excess of six feet.
      (8)   Wooden decks and patios.
         (a)   Wooden decks shall be installed in accordance with all applicable building codes and standard specifications of the village per Chapter 150.
            1.   All wooden decks shall be placed on concrete footings;
            2.   All wooden decks shall be approved by the Zoning Administrator for lot coverage;
            3.   All wooden decks not exceeding 100 square feet in size in R-5 and R-6 zoning districts will be allowed to exceed the maximum impervious lot coverage of 50% provided that no other accessory structure is currently located or being proposed to be located in the rear yard of a lot and provided that the total lot coverage after the proposed deck is no more than 65%. The deck shall be constructed on gravel four inches thick. No deck shall be permitted within a required yard setback or any easement of any kind.
         (b)   Concrete patios and walkways shall be installed in accordance with all applicable building codes and standard specifications of the village per Chapter 150.
            1.   All concrete walkways shall be a maximum of five feet wide. Any concrete structure wider than five shall be considered a patio;
            2.   All concrete patios and walkways are included in the overall lot coverage calculations of the property and shall be approved by the Zoning Administrator;
            3.   No concrete walkway or patio shall inhibit or alter drainage (i.e. flow of storm water or surface water) through drainage ditches or over public utility and/or drainage easements. The village has the right to review any and all installations to evaluate any impact to drainage.
         (c)   Brick patios and walkways shall be installed in accordance with all applicable building codes and standard specifications of the village.
            1.   All brick patios and walkways are included in the overall lot coverage of the property and shall be approved by the Zoning Administrator.
            2.   Decorative patio stone or block under 100 square feet in area does not require a permit. Patio stone or blocks are included in the overall lot coverage.
      (9)   Garage, private. A single garage structure, housing all permitted vehicle stalls may be built into the principal building, attached to the principal building, or provided for in a detached garage as a freestanding permanent accessory structure, but the permitted vehicle stalls shall not be split between any of the above. The maximum permitted number of vehicle stalls shall not exceed three vehicle stalls. The minimum vehicle stall size, inside of a garage shall not be less than ten feet in width and 20 feet in length, nor shall the stall size exceed 12 feet in width or 24 feet in length, of clear space inside of supporting walls or partitions. The minimum clear ceiling height shall be a minimum of seven feet. Additional storage areas may be included within a garage provided the storage area does not exceed five feet in width and 120 square feet in area. Height of all motor vehicle garage doors shall not exceed eight feet in height from the garage pad. The use of temporary structures as a garage or carport is strictly prohibited.
         (a)   The number of garage stalls will only be allowed if the following criteria are met:
            1.   4,000 to 7,500 square feet of lot area may have up to two stalls.
            2.   7,501 and greater square feet of lot area may have up to three stalls.
         (b)   All garages must have a driveway connecting the garage to the street. The driveway must be asphalt or concrete and a minimum of nine feet wide in accordance with this section and with all applicable building codes and standard specifications of the village per Chapter 150.
         (c)   Attached garage conversions. For any lot within the R-5A zoning district, conversion of an existing attached garage into living area is permitted with the following conditions:
            1.   If a detached garage is being proposed on a lot with an existing attached garage, the attached garage must be converted to living space so that there is only one garage remaining on the property. Permits for both the detached garage and attached garage conversion can be issued simultaneously.
            2.   If a detached garage is being proposed on a lot with an existing attached garage and requires a new driveway, the existing driveway shall also be removed so that there is only one driveway remaining on the property.
            3.   Conversion of attached garages to living space in any zoning district other than R-5A is strictly prohibited.
         (d)   Carports. Carports are permanent structures with a roof and two or more sides open, attached to the principal structure. After January 1, 2023, no new carport structures shall be permitted.
(Ord. 07-0508, passed 2-21-07; Am. Ord. 07-0550, passed 7-18-07; Am. Ord. 07-0551, passed 7-18-07; Am. Ord. 07-0552, passed 7-18-07; Am. Ord. 07-0553, passed 7-18-07; Am. Ord. 16-1306, passed 9-7-16; Am. Ord. 17-1348, passed 2-1-17; Am. Ord. 22-1794, passed 9-21-22)
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