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No fence, wall, sign, structure, vehicle, or planting shall be erected, established, or maintained on any lot which will obstruct the view of drivers in vehicles approaching an intersection of two roads or the intersection of a road and a driveway or curb cut. Fences, walls, signs, structures, vehicles, or plantings located in the triangular area described below shall not be permitted to obstruct cross-visibility between a height of thirty (30) inches and five feet above the lowest point of the intersecting roads. The unobstructed triangular area is described as follows:
(a) At intersections of driveways with streets, the sight triangle shall be established by locating the intersection of the street curb with the driveway edge and by measuring from this point a distance of ten (10) feet along the driveway to a point and a distance of twenty (20) feet along the street curb to a point and connecting these points.
(b) At street intersections, the sight triangle shall be formed by measuring at least thirty-five (35) feet along curb lines and connecting these points. Within the first twenty (20) feet of the street intersection sight triangles, no structure or landscaping material is permitted except required ground cover. Within the portion of the sight triangle that is located between twenty (20) feet and thirty-five (35) feet, signs and trees shall be permitted only when the pole or trunk is the only part of a sign or tree that is visible between the ground and five (5) feet above the ground, or otherwise does not present an intersection visibility hazard.
(Ord. 2879. Passed 10-23-23.)
(a) Purpose. The purpose of this exterior lighting section is to regulate exterior lighting in order to reduce or prevent light pollution and minimize lighting impacts on surrounding properties. This means to the extent reasonably possible the reduction or prevention of glare and light trespass, the conservation of energy, and the promotion of safety and security.
(b) Applicability.
(2) Exemptions.
A. All exterior lighting fixtures producing light directly by the combustion of fossil fuels, such as kerosene lanterns or gas lamps, are exempt from the requirements of this section.
B. All temporary emergency lighting needed by the police, fire department, other emergency service vehicles, and public service vehicles, as well as all vehicular luminaries, shall be exempt from the requirements of this section, including flashing or blinking lights.
C. Streetlights shall be exempt from the provisions of this section.
(3) Prohibited Lights.
A. Searchlights, beacons, laser source lights, or any similar high-intensity or flashing lights are prohibited except in emergencies by police and/or fire department personnel.
B. No open lights, such as strings of light bulbs, shall be permitted. This prohibition shall not include holiday lighting or those used for decorative purposes over outdoor patios, seating areas, or similar places of gathering.
(c) General Provisions Applicable to All Districts and Development.
(1) Exterior lighting shall be installed in a manner to deflect from adjacent residential developments.
(2) All exterior lighting for residential and nonresidential uses shall be located, screened, or shielded so adjacent lots located in residential districts or recorded subdivisions are not directly illuminated. Shielding may also be required for high-intensity light fixtures to prevent glare to adjacent uses, public rights-of-way, and drives. Perimeter lighting, when adjoining residential districts or recorded subdivisions, shall be by shielded fixtures to prevent light trespass onto adjacent properties.
(3) No exterior lighting shall be of such an intensity or color distortion as to cause glare or impair the vision of drivers, pedestrians, or adjacent properties. Shields and/or filters are required for light fixtures with high intensity and glare potential.
(d) Lighting for Residential Uses. Lighting for single-family dwellings shall be exempt from most provisions of this chapter, with the exception that for light fixtures that are not attached to the house or to an accessory building, there shall be a maximum height of twelve (12) feet from the finished grade adjacent to the base of the light fixture to the highest point of the fixture. The light bulb shall not produce more than 1,600 lumens.
(e) Exterior Lighting Requirements.
(1) Type of Fixtures.
A. All light fixtures shall be full cut-off type fixtures except for decorative light fixtures. See Figure 1113-K.
B. Decorative light fixtures shall not flash or otherwise create a sense of motion.
C. Non-cutoff lighting may only be used for decorative purposes when located adjacent to the building. See Figure 1113-K.
Figure 1113-K: Illustration of cutoff lighting versus non-cutoff lighting
(2) Height of Fixtures.
A. In all districts, the maximum height of any non-cutoff light fixture shall be twelve (12) feet.
B. All cut-off exterior lighting shall be designed, located, and mounted with the maximum height as follows:
i. The maximum height of light fixtures in the M-1 District and all nonresidential uses in the R District shall be fifteen (15) feet.
ii. The maximum height of light fixtures in the nonresidential zoning districts shall be twenty-four (24) feet.
C. Lighting located under canopies shall be flush-mounted or recessed within the canopy.
D. Height shall be measured from the finished grade adjacent to the base of the light fixture to the topmost point of the fixture.
(3) Illumination.
A. The maximum illumination at a lot line that abuts a lot zoned or used for residential purposes shall be 0.0-foot candles.
B. The maximum illumination at a lot line that abuts a lot in a nonresidential district shall be 1.0-foot candles.
C. Applicants for site plan review for all nonresidential uses shall be required to submit information that demonstrates compliance with these standards.
D. All applicants are strongly encouraged to submit lighting plans with components that reduce light pollution, including, but not limited to, automatic shut-off of fixtures, auto-dimming to adjust lighting based on ambient lighting, and the use of as little lighting as necessary without creating safety issues.
(4) Nonconforming Lighting. When a luminaire or exterior lighting structure exists at the time of the effective date of this code, such luminaire or structure may continue to exist until such time as the following occurs:
A. If the exterior lighting does not comply with the illumination levels of this section, any change of a nonconforming luminaire (e.g., replacement of bulbs) shall be in compliance with this section.
B. If a nonconforming lighting structure is voluntarily removed or is damaged to an extent beyond fifty percent (50%) of its replacement value, any new replacement lighting structure shall be in compliance with this code.
(f) Modifications. Should any exterior light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the Village Administrator for approval, together with adequate information to assure compliance with this section, which must be received prior to the substitution.
(Ord. 3879. Passed 10-23-23.)
Any use in a nonresidential district shall comply with the performance standards set forth hereinafter for the district in which such use or building is to be located as precedence to occupancy and use. If any existing use or building is extended, enlarged, or reconstructed, the performance standards for the district involved shall apply to such extended, enlarged, or reconstructed part or parts of such building or use as precedence to further use.
(a) Dust and Smoke.
(1) Dust and other types of air pollution borne by the wind from sources such as parking areas, storage areas, or yards shall be kept to a minimum by appropriate landscaping, paving, oiling, and other acceptable treatment.
(2) The emission of smoke, soot, fly ash, fumes, and dust shall be controlled by precipitation devices, the height of the stack, rate of emission, or another manner so that the quantity deposited on adjacent districts shall not be detrimental to or endanger the public safety, comfort, welfare or adversely affect property values.
(b) Fire and Explosive Hazards.
(1) The storage, utilization, and manufacture of materials, goods, or products ranging from free burning to intense burning is permitted, provided the materials or products shall be stored, utilized, or produced within completely enclosed structures having incombustible exterior walls, and such structure shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association.
(2) Materials that produce flammable or explosive vapors or gases under ordinary weather temperatures shall not be permitted in any district except such materials as are used or required in emergency equipment or in secondary processes accessory to the main use.
(c) Glare and Heat. Any operation which produces glare or heat contrary to the normal and expected conditions shall be performed so as not to create any hazards along the lot line and shall not create any hazards along the lot line.
(d) Odorous Matter. The emission of odorous matter in such quantities as to produce a public nuisance or hazard shall not be detectable beyond the lot line.
(e) Toxic or Noxious Matter. The discharge of toxic or noxious matter across the lot lines wherein such a use is located is prohibited for any period of time and in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare or cause injury or damage to property.
(f) Noise. The sound pressure level of any individual operation or operations on a lot, other than the operation of auto-calls, bells, motor vehicles, sirens, or whistles, shall not exceed the average intensity of the street traffic noise at the nearest residential or commercial district, as applicable.
(g) Vibration. Operations creating intense earth-shaking vibrations shall be set back from and controlled in such a manner as to prevent transmission of vibrations that would be perceptible without the aid of instruments at the lot line.
(h) Waste Materials. Liquid wastes shall not be discharged into an open reservoir, stream, or other open public body of water or sewer unless treated or controlled so that the amount of solid substances, oils, grease, acids, alkalines, and other chemicals shall not exceed the amount permitted by other codes of the State or County.
(i) Soil Removal. No mining, extracting, filling, or soil-stripping operations shall be conducted in such a manner as to leave unsightly or dangerous excavations or soil banks or create issues of increased erosion.
(j) Maintenance. All lots shall be maintained in a manner that includes the removal of trash and litter, maintenance of paved areas, maintenance of landscaping, and general upkeep of the property.
(k) Enforcement. Where determinations can be made by the Village Administrator or other authorized Village employee, using equipment normally available or obtainable without extraordinary expense, such determinations or evaluation shall be made whenever possible before a notice of violation is issued. Where technical complexity or extraordinary personnel or equipment is required to make the determination, the Planning Commission may, in the case of the offenses under this section, require the owner to either obtain and pay for an independent survey or share in the cost of an independent survey from a professional engineer experienced in the particular specialty. (Ord. 2879. Passed 10-23-23.)
(a) Zoning Compliance Review Required.
(1) No person shall construct or erect a fence or wall without first obtaining an authorization to proceed through zoning compliance review.
(2) Fences or walls that are part of a development subject to site plan review shall be reviewed and approved as part of the site plan review process.
(3) Authorization to proceed through zoning compliance review shall be required for each property on which a fence or wall is being placed, including the connection of existing fences or walls. Such applications shall also include written documentation of agreement between property owners.
(4) Authorization to proceed through zoning compliance review is not required for repairs of existing fences or walls while the fence or wall remains in place or for invisible fences. If fifty percent (50%) or more of the length of a conforming or nonconforming fence or wall is to be removed and replaced, even as part of maintenance, such replacement shall conform with the requirements of this code and shall require authorization to proceed through zoning compliance review.
(5) Authorization to proceed through zoning compliance review shall not be required for short sections of fencing or walls that are designed as an architectural feature or utilized for decorative purposes and are not intended to enclose an area of land. Such sections shall not exceed twenty-five (25) feet in length and shall comply with the vision clearance requirements of this code.
(6) Hedges, shrubbery, trees, bushes, and plantings shall be excluded from classification as fences but shall be subject to the vision clearance requirements of this code.
(7) Retaining walls that are intended to retain an existing slope (i.e., not a slope created by the applicant), such retaining wall shall not be subject to the provisions of this code but may be subject to building code requirements.
(b) General Requirements.
(1) Unless a specific distinction is made in this section, any regulation that applies to fences shall apply to walls and vice versa.
(2) All fences and walls shall be subject to the intersection visibility requirements of Section 1113.02.
(3) All fences and walls, including invisible fences and any related supporting structures or appurtenances, shall be contained within the lot lines of the applicable lot and shall not encroach into adjoining or abutting lots and/or rights-of-way. Property owners, with written permission from abutting property owners, may connect to fences or walls on adjoining properties.
(4) The smooth finished side of the fence or wall shall be the side of the fence that faces outward from the lot or yard being fenced. If a fence has two (2) similarly finished sides, either side may face the adjacent property.
(5) All diagonal or supporting members shall face the property on which the fence or wall is constructed.
(6) All fences and walls shall be maintained in a neat and orderly manner.
(7) Walls shall be prohibited within all utility easements. Fences that are placed in utility easements shall require written permission from the applicable utility and, without such permission, are subject to removal without notice by utility companies or the Village when work is being done in the utility easements. Fences shall not be placed in any Village easement unless the plat specifically permits the placement of such fence. Replacement of fences removed by the Village or utility company shall be at the property owner's expense.
(8) Fences and walls shall not impede, inhibit, or obstruct culverts, drains, natural watercourses, or stormwater drainage in any zoning district. Fences or walls may be permitted to include outlets at the bottom of the fence or wall to eliminate the possibility of the accumulation of water and allow for natural drainage past the wall or fence.
(9) It shall be the duty of each lot owner and contractor, or an agent thereof, to determine lot lines and to ascertain that the fence or wall does not deviate from the plans as approved by the Village Administrator issuing the authorization to proceed through zoning compliance review and that the fence does not encroach on another lot or existing easement. Authorization to proceed through zoning compliance review and any inspection by the Village shall not be construed to mean that the Village has determined the fence is not encroaching on another lot, nor shall it relieve the property owner of the duty imposed on him or her herein.
(c) Materials. The following standards shall apply to the materials of all fences and walls:
(1) Materials shall be weatherproof or weather resistant.
(2) All sides of a decorative wall shall have a similar finish on both sides.
(3) Fences made of rope, string, fabric, netting, or similar materials are prohibited unless an approved temporary construction fence (See Section 1113.05(f).).
(4) Deer fencing is permitted in nonresidential zoning districts if approved as a conditional use.
(5) Non-decorative concrete or masonry walls are prohibited.
(6) Chicken, hog, rabbit, mesh, or woven wire fences are prohibited unless mounted on the interior of another approved form of fencing. See Figure 1113-L.
Figure 1113-L: Example of where wire fencing has been mounted on the interior of an approved three-rail fence.
(7) Chain link fencing is allowed, provided it is coated in vinyl. Slats or other materials shall not be permitted to be woven into the chain link fencing to create privacy fencing or otherwise obstruct the wires.
(8) Plywood, particle board, fiberglass, corrugated or galvanized sheet metal panels, and non-traditional fence materials deemed unacceptable by the Village Administrator shall be prohibited. This may include but is not limited to, discarded materials such as shipping crates or pallets, tires, stacked tires or automobile parts, stacked building materials, salvaged doors or garage doors, or similar new or used materials.
(9) No person shall erect or maintain any fence charged with electrical current.
(10) Dangerous fences installed above the ground, such as barbed wire, unfinished non-durable, sharp edge, cut or broken glass, rusted, or other such fences designed to inflict pain or cause injury, shall be prohibited except as allowed in Paragraph (11), below.
(11) In the I-1 Districts, fences may be topped with up to three (3) strands of barbed wire placed on a forty-five (45)-degree angle aimed away from the side of the fence that fronts a lot or right-of-way line. Fences shall not be entirely comprised of barbed wire. The barbed wired shall be mounted no less than seventy-two (72) inches above the grade.
(d) Measurement.
(1) The maximum fence or wall height shall be measured from the lowest point within three (3) feet on either side of the fence to the topmost portion of the fence between posts. See Figure 1113-M. The structure posts or finials may exceed the maximum height allowed in this section by up to six (6) inches.
Figure 1113-M: Illustration of the measurement of the height of a fence based on the grade.
(2) Fencing or walls should follow the natural contour of the land on which it is located. See Figure 1113-N.
Figure 1113-N: This illustrates how fencing is measured along a natural contour.
(3) A fence may be erected on top of a wall, but the combined height of the fence and wall shall not exceed the heights specified within this section for a fence or wall. Fences or walls located on top of a retaining wall shall be measured from the top of the finished grade at the top of the retaining wall.
(e) Fences and Walls in Residential Districts. The following standards apply to fences and walls in residential districts.
(1) Table 1113-5 establishes the maximum height, location, and types of fences and walls permitted in residential districts.
(2) For the purpose of these regulations, an "open fence" shall be any fence having at least fifty percent (50%) of its vertical surface area open as viewed at right angles and uniformly distributed.
(3) The requirements for swimming pool protective barriers shall take precedence where such requirements are in conflict with the regulations of this section.
TABLE 1113-5: FENCES AND WALLS IN RESIDENTIAL DISTRICTS | ||
Type of Fence or Wall | Yard in Which Permitted | Maximum Height Permitted |
Vinyl-Coated Chain Link Fence | Side and Rear | 4 Feet |
Open Fence | Front | 3 Feet |
Side and Rear | 6 Feet | |
Solid Fence or Wall | Side and Rear | 6 Feet |
(f) Fences and Walls in Nonresidential Districts. The following standards apply to fences and walls in nonresidential districts.
(1) No fence shall exceed three (3) feet in height in any front yard.
(2) No fence shall exceed six (6) feet in the side or rear yard of a C-2, C-3, C-4, or P-I District.
(3) No fence shall exceed eight (8) feet in the side or rear yard of an I-1 District.
(4) Any proposed fence shall be approved as part of the site plan review in accordance with this code.
(g) Temporary Fences. Fences erected for a specific function and limited time duration, including deer, snow, or construction fencing, are permitted as follows and in compliance with the following requirements.
(1) Temporary fences shall be maintained in good condition and shall not require authorization to proceed through zoning compliance review.
(2) No temporary fencing material shall be used for permanent fencing.
(3) Snow Fencing
A. Snow fencing shall be permitted between November 1 of any year and April 1 of the following year.
B. Snow fencing shall not exceed four (4) feet in height.
C. Fencing materials shall be limited to burlap, plastic mesh fabric of a neutral or dark color, any clear plastic material, or wood slat fencing (traditional snow fence) with wood or metal supports.
D. Snow fencing shall be erected on private property only and positioned on the site so as not to obstruct the view of pedestrians or vehicular traffic or be detrimental to public safety.
E. Snow fencing shall not cause an artificial or unnatural accumulation of snow or drifting to accumulate on the property of another in excess of that which would otherwise accumulate in the absence of such fence.
(4) Construction Fencing. Construction fencing to enclose an active construction site for the duration of the construction period.
(Ord. 2879. Passed 10-23-23.)
(a) All dumpsters that are permanently placed to serve a principal use shall be located to the rear of the principal building, to the maximum extent feasible, in order to minimize views from the street and neighboring properties.
(b) Temporary construction dumpsters shall be subject to the temporary use regulations of Section 1111.02.
(c) All dumpsters shall be placed on concrete pads that comply with the vehicular use area surfacing requirements of Section 1119.03(f).
(Ord. 2879. Passed 10-23-23.)
The following standards shall apply to any earthen mounds or berms constructed in the Village:
(a) Earthen mounds and berms shall have a maximum slope of 3:1 (three (3) feet of horizontal space is required for each one-foot vertical change in elevation).
(b) The crest or top of the mound shall be rounded with elevation changes maintained one (1) foot off of the centerline of the mound.
(c) Earthen mounds or berms shall be designed and constructed with variations in physical alignment throughout the length of the mound or berm.
(Ord. 2879. Passed 10-23-23.)
(a) Permit and Compliance Required.
(1) Where a lot of five (5) acres or more is to be cleared of trees for development, authorization to proceed through zoning compliance review shall be required prior to clearance.
(2) Such authorization shall be based on a demonstration of compliance with this section.
(3) Any permit issued hereunder shall be in effect for a period of one year from the date of issuance and may be extended, at the sole discretion of the Village Administrator, for an additional six (6) months upon written request by the applicant.
(b) Access. All logging roads created or utilized on the subject property and/or in connection with a commercial logging operation for the purpose of providing access to Village-maintained roads shall be subject to the approval of the Village Administrator and shall:
(1) Be designed to minimize damage to Village road surfaces and shoulders;
(2) Be designed to minimize damage and prevent blockage of any existing drainage systems; and
(3) Be designed to minimize the erosion of soils from the commercial logging operation site and roads, whether public or private, and existing drainage systems.
(c) Logging Routes. The Village Administrator shall have the authority to modify the truck route within the Village of any vehicles used in connection with a commercial logging operation if, in the sole reasonable discretion of the Village Administrator, the proposed truck route may create risks or hazards to the health, safety or welfare of the Village and its residents, or if the proposed route will create undue noise issues. Factors to be considered by the Village Administrator under this section include but are not limited to, the character of the roads, the zoning classification of the areas within the Village on the proposed route, and the proximity to residential neighborhoods or schools of the proposed route.
(d) Property Lines and Notification.
(1) The applicant shall be obligated to place temporary signs along each lot line where the clearing activities will take place. Such signs shall have a minimum sign area of six (6) square feet and a maximum sign area of eight square feet and shall state that the site is being cleared in accordance with the approved permit number.
(2) Such signs shall be posted every 400 feet, or a portion thereof, along the established lot lines. A minimum of one (1) sign must be posted along each lot line.
(3) The applicant shall be required to post the temporary signs not less than fourteen (14) days prior to the commencement of any clearing activities and may be removed after all clearing is completed.
(e) Post-Clearing Requirements.
(1) Where trees have been removed, all stumps shall be required to be removed and the site graded following the clearing activities.
(2) If development or construction activities do not commence within sixty (60) days of the completion of clearing the site, the site shall be seeded with grass seeds.
(f) Bond and Indemnity.
(1) Prior to the issuance of a permit hereunder, any contractor performing work within the Village in connection with a commercial logging operation must file with the Village Clerk/Treasurer a cash or surety bond in a form approved by the Solicitor of the Village in favor of the Village in the amount specified below based on the total acreage to be subject to the commercial logging operation:
A. Up to ten (10) acres: A bond for twenty-five thousand dollars ($25,000.00).
B. Over ten (10) acres: A bond for twenty-five thousand dollars ($25,000.00) plus 2,000 additional dollars for each additional acre, or majority fraction of each additional acre, over the first ten (10) acres.
(2) Any contractor performing work within the Village in connection with a commercial logging operation shall agree to indemnify and hold harmless the Village from any and all damages resulting from such commercial logging operation, including but not limited to any damage resulting to any road, right-of-way, ditch, bridge, stormwater management system, or other infrastructure or property within the Village.
(3) Within thirty (30) days following the completion of the commercial logging operation, contractor(s) shall remove and properly dispose of stumps, roots, treetops, sawdust, and other refuse, debris, or material created as a result of the commercial logging operation and shall restore any right-of-way utilized in the commercial logging operation to its original condition.
(4) The bond may be released by the Village provided that all corrections, clean-up, repairs, improvements, and damages have been made and/or addressed to completion within the time limits stated herein.
(5) In the event that such contractor fails to clean up, repair, improve or correct any damages within thirty (30) days after completion of the commercial logging operation or within thirty (30) days from receipt of written notice from the Village to do so, whichever first occurs, the Village may correct such damage or conduct such repair, improvement, clean-up, and disposal.
(6) All costs and damages to the Village for the corrective work, clean-up work, repair work, improvement work, or disposal work shall be the responsibility of the contractor and/or the owner, and the contractor and/or owner shall reimburse the Village within thirty (30) days of receipt of a bill from the Village for such corrective work, clean-up work, repair work, improvement work or disposal work.
(7) The Village shall have the right to use the bond as an offset to the costs of the corrective work, clean-up work, repair work, improvement work, or disposal work, and if the costs exceed the value of the bond, the applicant/owner and/or contractor shall be responsible for the deficient balance, which shall be immediately due and owing.
(g) Display of Permit. It shall be the duty and obligation of the landowner to display the permit issued hereunder in a conspicuous location at the site of the driveway to the subject property.
(h) Warning Signs. Any firm, contractor, corporation, partnership, business entity, or individual operating within the right-of-way in connection with any commercial logging operation shall be required to post warning signs at least 500 feet in all appropriate directions to adequately warn and notify any oncoming vehicular or pedestrian traffic.
(i) Removal or Logging by or on behalf of Public Utilities. Even though a public utility shall not be required to obtain a permit hereunder, any public utility shall nevertheless have the following obligations with respect to any removal of trees or branches and/or logging performed by or on behalf of any such public utility:
(1) In connection with any removal or logging by or on behalf of a public utility, all ruts and depressions caused by any work must be eliminated, and no standing water shall be permitted as a result of any clearing, removal, or logging. All disturbed areas shall be re-seeded within one year of the completion of any removal or clearing or logging, and/or any work regulated by this section.
(2) In connection with any removal, clearing, or logging by or on behalf of a public utility, all temporary drives and temporary drive pipes must be removed after completion of any such removal, clearing, or logging and/or any work regulated by this section.
(Ord. 2879. Passed 10-23-23.)
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