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)