(A) Residential accessory buildings and/or structures.
(1) ACCESSORY BUILDING OR STRUCTURE shall mean a structure occupied by a use which is subordinate, secondary, incidental to and customary in connection with the principal building or use and located on the same lot as the principal building or use.
(2) Residential accessory structures include detached garages, tool and garden sheds, tennis courts, swimming pools and similar facilities. Residential accessory structures are subject to the following additional requirements.
(a) Not more than two accessory buildings or structures shall be permitted on a single residential lot, not more than one of which may be a storage building.
(b) An accessory use or structure shall not exceed 18 feet in height, unless the subject property is located within the OVR District, and specific approval for a higher accessory building is granted by the Planning and Zoning Board, in order to promote consistency with the architectural character of the other structures on the site.
(c) An unattached accessory structure shall be located to the side or rear of the principal structure, within any side or rear yard. Such accessory structure shall be constructed not closer to the side lot line than the side yard requirement of the district where it is located, and not less than ten feet from the rear lot line.
(d) The total area of all accessory uses or structures shall not exceed 720 square feet, except for swimming pools and tennis courts which shall be exempted from these area requirements.
(B) Private swimming pools.
(1) A PRIVATE SWIMMING POOL as regulated herein, means any pool or open tank not located within a completely enclosed building and containing water to depth, at any point greater than 24 inches. A private spa or hot tub with a lockable cover shall not be considered as a swimming pool subject to the provisions of this section.
(2) No swimming pool, exclusive of portable swimming pools with an area of less than 100 square feet, shall be allowed in any residential district unless the following conditions and requirements are complied with.
(a) The pool is intended to be used solely for the occupants of the principal use of the property on which it is located.
(b) Such pool, including any walks, paved areas and appurtenances thereto, shall not be located in any front yard, nor closer than ten feet to any property line or structure.
(c) The surface area of the swimming pool, exclusive of decks, walks and other appurtenances shall not exceed 10% of the area of the lot or parcel.
(d) Any private swimming pool, or the property on which the pool is located, shall be enclosed by a wall or fence constructed so as to prevent uncontrolled access. Such wall or fence shall not be less than six feet in height, maintained in good condition, and affixed with an operable gate and lock.
(e) All lights used for the illumination of the swimming pool and adjacent areas shall be designed, located and installed so as to confine the direct beams thereof to the lot or parcel on which the pool is located.
(3) A zoning permit shall be required for the construction or installation of any private swimming pool. The owner of the property, or his or her agent, shall certify that the pool will be constructed, installed and maintained in conformance with the above requirements.
(C) Dish-type satellite signal receiving antennas.
(1) The owner or occupant of any lot, premises or parcel of land, who desires to erect a satellite dish in excess of 39 inches in diameter shall apply to the Zoning Inspector for a permit. Satellite dish antennas 39 inches in diameter and smaller shall not require a permit for installation, and are exempt from these regulations.
(2) On such application for a permit, the owner or occupant shall certify that the following requirements are met.
(a) Location of satellite dish.
1. Satellite dishes shall be permitted as an accessory use in those zoning districts where they are so specified.
2. All satellite dishes shall be constructed or erected to the rear of the premises.
3. No satellite dish shall be erected within ten feet from any lot line.
4. No satellite dish shall be erected on the roof of any residential building or structure.
5. No satellite dish shall be linked to receivers that are not located on the same lot or premises.
6. Landscaping should be provided, or the dish shall be located so as to effectively screen the dish from view of adjacent parcels.
(b) Size and height. The maximum diameter of any satellite dish shall not exceed 12 feet. The maximum installed height of any satellite dish shall not exceed 15 feet above natural grade level.
(c) Satellite dish support structures.
1. Only metal supports of galvanized construction, or equal thereto, shall be permitted.
2. Only a concrete base or caissons, depending on soil conditions, shall be permitted.
3. The installed satellite dish structure shall be capable of withstanding a wind force of up to 85 mph.
4. Any satellite dish must be grounded to an eight-foot grounding rod.
(D) Residential fences and/or hedges.
(1) FENCE or WALL means any structure composed of wood, metal, stone, brick or other material, including hedges or other plants, erected in such a manner and location so as to enclose, partially enclose or divide any premises or part of premises for the purpose of confinement, screening, partitioning or decoration. Trellises or other structures for the purpose of supporting vines, flowers or other vegetation, when erected in such a position so as to enclose, partially enclose or divide any premises or any part of premises shall also be considered a fence. A DECORATIVE FENCE means a fence that is not suited for the containment of animals or property, in which the opacity of the fence is less than 25%.
(2) No fence or wall, as defined above, may be erected within the village unless the property owner or his or her agent files application with the Zoning Inspector. Such application shall include a drawing of the lot, showing the actual location of the proposed fence or wall. The property owner shall determine property lines and certify that the fence or wall does not encroach upon another lot or parcel of land. The granting of a permit to construct a fence in no way shall be considered as the village’s authorization that the property lines as shown on the application are correct.
(a) Height and location. The permitted height of a fence or wall shall be determined by its location on the property as follows:
1. A decorative fence or wall not exceeding 48 inches in height may be erected within the front yard provided that the fence or hedge is located not less than three feet from the street right-of-way line, and further provided that the provisions of division (D)(2)(a)3. below are met.
2. A fence or wall not exceeding 72 inches in height may be erected in any area of the lot behind the building setback line.
3. No fence, hedge or wall shall be erected on any lot in such a manner so as to obscure the vision of motorists approaching a street intersection, within a 25 feet clear sight distance along either street approaching said intersection.
(b) Prohibited fences. No person shall erect or maintain any fence or wall charged with electrical current, nor shall any person erect or maintain any fence or wall having wire or metal prongs or spikes, or other cutting points or edges.
(E) Home occupations.
(1) Home occupations shall be considered as permitted or conditional uses in the various residential districts.
(2) A home occupation shall comply with the following standards.
(a) The use shall be clearly incidental and secondary to residential use of the dwelling and not more than 15% of dwelling unit floor area is devoted to the home occupation.
(b) The home occupation shall not generate greater vehicular traffic volume than is normal for a residential neighborhood.
(c) No person, other than immediate family residing at the premises, shall be employed in such occupation.
(d) External indication of such home occupation shall be limited to one non-illuminated sign, not more than one square foot, attached flat against the principal structure.
(e) No physical good or commodity, other than those incidental to the performance of a service, shall be sold from the premises.
(f) No equipment or process shall be used in the home occupation that creates noise, vibration, glare, fumes, odors or electrical interference detectable to normal senses off the lot.
(g) No home occupation shall be conducted from any accessory building on the lot.
(3) (a) Generally, home occupations shall be regulated not by the specific activity performed, but rather by the presence of external impacts that may affect the residential character of the surrounding area.
(b) In particular, a home occupation shall consist primarily of rendering specific personal services. Examples would include a seamstress, member of the clergy, lawyer, engineer, architect, real estate consultant, accountant, artist or private teacher. The occupant of the premises shall be the individual performing the home occupation.
(F) Group residential facilities.
(1) Group residential facilities shall be defined and classified in § 152.005. A Class I Type B group residential facility, as defined in § 152.005, is permitted by right in any zoning district that permits single-family dwellings. A Class I Type A group residential facility shall be considered as a conditional use in the AR and SB Districts, subject to the standards below.
(2) A Class II Type A or Type B group residential facility shall be treated as a conditional use in the SB District subject to the standards below:
(a) The facility shall obtain all approvals and/or licenses as required by state and local laws.
(b) The facility shall provide 24-hour supervision by trained and qualified professional personnel.
(c) No exterior alterations of the structure shall be made which would be inconsistent with the residential character of the residential structures in the surrounding neighborhood.
(d) The facility shall comply with the district regulations applicable to other properties in the zoning district in which they are located.
(e) Such facilities shall be required to provide appropriate sleeping quarters without using normal living areas, such as living rooms, dining room or kitchen for sleeping.
(f) Such facilities shall meet all applicable local and/or state building, safety and fire safety requirements for the proposed use and level of occupancy.
(g) Such facilities shall be reasonably accessible, by virtue of location or transportation provided by the applicant, to medical, recreational and retail services, and employment opportunities.
(h) The applicant shall provide a plan indicating the manner in which the facility will maintain contact with neighborhood residents, including a structured procedure whereby their grievances may be filed and resolved.
(Ord. 97-5, passed 8-4-1997)