§ 156.07.D  Accessory Structures and Uses
   Accessory structures and uses shall be subject to the requirements of this Section.
   1.   General Provisions for Accessory Structures. Accessory structures shall be subject to the following standards, unless otherwise established by this Ordinance.
      a.   Construction Phasing. No accessory structure shall be constructed prior to the construction of the principal building to which it is accessory.
      b.   Location. Accessory structures may be located in the front, corner side, interior side, and rear yards, unless otherwise specifically restricted by this Ordinance. Accessory structures shall not be allowed in any easement, except for fences which may be allowed in easements unless otherwise restricted.
      c.   Setback. Accessory structures, except fences and walls, shall be located a minimum of five feet from any lot line.
      d.   Height. The maximum height of an accessory structure shall be 20 feet.
      e.   Exemption for Agriculture Use. Accessory structures for an approved Agriculture use are exempt from the dimensional requirements of this section.
      f.   Minimum Size for Permit. Accessory Structures not exceeding 40 square feet in area shall be permitted without a building permit. Location. Accessory structures 40 square feet or less may be located in the interior side or rear yard and meet all other setback requirements.
   2.   Accessory Structures Table. Table 156.07.D-1. Accessory Structures includes common accessory structures that may be located in each zoning district within the Village. For accessory structures not listed, the Zoning Administrator will review a proposed accessory structure and determine if it is similar to those listed and therefore subject to the applicable standards.
      a.   Permitted ("P"). A "?" indicates that the accessory structure does not require a building permit and is allowed by-right within the designated district provided that it meets all applicable standards set forth in this Section.
      b.   Permitted with Building Permit ("B"). A "B" indicates that the accessory structure requires the approval of a building permit in accordance with Chapter 150 (Building Regulations) and shall meet the use standards set forth in this Section in order to be allowed within the designated district.
      c.   No Designation. The absence of a letter (a blank space) indicates that the structure is not allowed within the designated district.
      d.   Use Standards. Accessory structures that are designated as "Permitted" or "Permitted with Building Permit" may have use standards that must be met, as established in § 156.07.D.3 (Use Standards for Accessory Structures).
Table 156.07.D-1. Accessory Structures
Accessory Structures
Districts
Use Standards
F
R-1
R-2
R-3
B-l
B-2
VC
I
Accessory Structures
Districts
Use Standards
F
R-1
R-2
R-3
B-l
B-2
VC
I
Accessory Storage Building
B
B
B
B
B
B
B
B
See § 156.07.D.3.a
Arbor, Pergola, or Trellis
P
P
P
P
P
P
P
P
None
Ball Court
B
B
B
B
B
B
B
B
See § 156.07.D.3.b
Boat Launch
B
B
B
B
B
None
Compost Bin
P
P
P
P
P
P
P
P
None
Deck or Patio
B
B
B
B
B
B
B
B
See§ 156.07.D.3.c
Electrical Generator
B
B
B
B
B
B
B
B
None
Electric Vehicle Charging Station
B
B
B
B
B
B
B
B
None
Fence or Wall
B
B
B
B
B
B
B
B
See § 156.07.D.3.d
Flag Pole
P
P
P
P
P
P
P
P
See § 156.07.D.3.e
Garden
P
P
P
P
P
P
P
P
See § 156.07.D.3.f
Gazebo
B
B
B
B
B
B
B
B
See § 156.07.D.3.g
Green Roof or Blue Roof
B
B
B
B
B
B
B
B
None
Hoophouse
P
P
P
P
P
P
P
P
See § 156.07.D.3.h
Mechanical Equipment
B
B
B
B
B
B
B
B
See § 156.07.D.3.i
Outdoor Fire Pit
P
P
P
P
P
P
P
See § 156.07.D.3.j
Rain Barrel
P
P
P
P
P
P
P
P
None
Rain Garden
P
P
P
P
P
P
P
P
See § 156.07.D.3.k
Rainwater Cistern
P
P
P
P
P
P
P
P
None
Recreation Equipment
P
P
P
P
P
P
P
P
See § 156.07.D.3.l
Refuse, Recycling, or Grease Container
P
P
P
P
P
P
P
P
See § 156.07.D.3.m
Satellite Dish
P
P
P
P
P
P
P
P
See § 156.07.D.3.n
Small Wind Energy System
B
B
B
B
B
B
B
B
See §156.07.D.3.o
Solar Energy Collection System
B
B
B
B
B
B
B
B
See § 156.07.D.3.p
Swimming Pool or Hot Tub
B
B
B
B
B
B
B
See § 156.07.D.3.q
Treehouse
P
P
P
P
See § 156.07.D.3.r
Wireless Telecommunication Antenna
B
B
B
B
B
B
B
B
See § 156.07.D.3.s
Table Key
P: Allowed by-right and shall meet the requirements of § 156.07.D(Use Standards for Accessory Structures) when applicable.
B: Allowed with building permit and shall meet the requirements of § 156.07.D (Use Standards for Accessory Structures) when applicable.
 
3.   Use Standards for Accessory Structures. The following standards apply to accessory structures designated as permitted ("P") or permitted with building permit ("B") in the districts noted in the "Use Standards" column of Table 156.07.D-1 Accessory Structures.
   a.   Accessory Storage Building.
      (1)   Location. Accessory storage buildings are allowed in the interior side yard and rear yard.
      (2)   Number. A maximum of two accessory storage buildings are allowed per lot in the R-1, R-2, and R-3 Districts.
      (3)   Overhead Doors. Accessory storage buildings shall not be permitted to have an overhead door unless connected to a public right of way by a driveway constructed of a permanent, dust-free material. For accessory storage buildings less than 200 square feet and do not contain a motor vehicle, recreational vehicle or trailer used for transportation that will be accessing the right-of-way, an overhead door shall be permitted.
      (4)   Setback. Accessory Storage Buildings shall be located a minimum of ten feet from all other standing structures.
      (5)   Size.
         (a)   A detached garage shall not exceed 600 square feet. The measurements for a detached garage shall be no less than ten feet in width and no more than 25 feet in depth.
         (b)   Any other accessory storage building, excluding detached garages, shall not exceed 200 square feet.
         (c)   Accessory storage buildings with accessory dwelling units shall not exceed the maximum allowed sized of an accessory dwelling unit as stated in this Ordinance.
   b.   Ball Court. Location. Ball courts are allowed in the rear yard, except that one fixed basketball standard and backboard shall be allowed in any yard in the F, R-1, R-2, and R-3 Districts.
   c.   Deck or Patio. Location. Decks and patios are allowed in all yards. Decks and patios located in the front yard, must be contiguous to the principal structure.
   d.   Fence or Wall. The following requirements apply to fences and walls unless otherwise specifically established in this Ordinance.
      (1)   Location. Fences and walls, including all posts, bases, and other structural parts, shall be located completely within the boundaries of the lot on which it is located.
         (a)   Residential Districts. In residential districts, fences and walls are allowed in the front yard, corner side yard, interior side yard, and rear yard.
         (b)   Non-Residential Districts. In non-residential districts, fences and walls are allowed in the interior side yard and rear yard.
      (2)   Height. The maximum height of a fence or wall shall be measured from the ground at the base of the fence or wall.
         (a)   Residential Districts. In residential districts, the maximum height of a fence or wall shall be four feet in the front and corner side yard, and six feet in an interior side or rear yard. Except that fences or walls located within a corner side yard may be six feet if they are within the minimum corner side setback of the principal structure.
         (b)   Non-Residential Districts. In non-residential districts, the maximum height of a fence or wall shall be eight feet in an interior side or rear yard.
      (3)   Materials and Construction. The following requirements for materials apply to the construction offences, walls, and any associated gates.
         (a)   Construction, Design and Appearance. In all zoning districts, both sides of a fence or wall shall be similar in construction, design, and appearance. The finished side of a fence or wall shall face outward from the lot so that all posts are located on the property owner's side of the fence or wall.
         (b)   Residential Districts. Fences used or designed to screen or conceal a front yard shall not be permitted. In residential districts, fences and walls may be constructed of treated wood, simulated wood, vinyl, chain link without slats, wrought iron, brick, and stone.
         (c)   Non-Residential Districts. In non-residential districts, fences and walls may be constructed of treated wood, simulated wood, vinyl, chain link with slats of a uniform color or without slats, metal mesh, corrugated metal, wrought iron, brick, stone, cinderblock, and concrete block.
         (d)   Prohibited Materials. Fences shall not be constructed of snow fencing, barbed wire, electrically charged wire, or razor wire, except in the F District where barbed wire may be used for agricultural purposes with prior written approval from the Zoning Administrator.
   e.   Flag Pole. Location. Flag poles are allowed in all yards.
   f.   Garden.
      (1)   Location. Gardens are allowed in all yards, but shall be limited to 50% of the pervious area of the front yard and corner side yard. Lots within the F District are exempt from this standard.
      (2)   Height. The maximum height of any structure used to grow items in a garden, such as raised planting beds or hoophouses, shall be three feet in the front or corner side yard, and six feet in the interior side or rear yard.
      (3)   On-Site Sales. On-site sales of vegetables or any other goods associated with a garden are prohibited.
      (4)   Loose Soil. Loose soil associated with a garden must be covered or confined so that the soil does not spillover from the garden area.
      (5)   Exemptions. Lots within the F District are exempt from the use standards for "Garden."
   g.   Gazebo.
      (1)   Location. Gazebos are allowed in the interior side yard and rear yard.
      (2)   Design. Each side of a gazebo shall be at least 25% open.
   h.   Hoophouse.
      (1)   Use Limitation. Hoophouses are only allowed in conjunction with residential uses, community gardens, and garden centers.
      (2)   Location. Hoophouses in residential use properties are allowed in the rear and interior side yard.
      (3)   Height. The maximum height of hoophouses on properties for residential use shall be six feet.
   i.   Mechanical Equipment.
      (1)   Location. Ground-mounted mechanical equipment shall only be located in the interior side yard or rear yard. Roof-mounted mechanical equipment shall be located a minimum of six feet from any supporting wall to facilitate safe access.
      (2)   Screening. The requirements of § 156.09.G (Screening Requirements) shall apply to mechanical equipment.
   j.   Outdoor Fire Pit.
      (1)   Location. Outdoor fire pits are allowed in the interior side yard and rear yard.
      (2)   Setback. Outdoor fire pit shall be located a minimum of ten feet from any structure.
   k.   Rain Garden.
      (1)   Location. Rain gardens are allowed in all yards.
      (2)   Loose Soil. Loose soil associated with a rain garden must be covered or confined so that the soil does not spill over from the garden area.
   l.   Recreation Equipment. Location. Recreation equipment is allowed in the interior side yard and rear yard.
   m.   Refuse, Recycling, and Grease Containers.
      (1)   Applicability. Refuse, recycling, and grease container regulations apply only to those uses that collect refuse, recyclable materials, and grease in commercial containers.
      (2)   Location. Refuse, recycling, and grease containers are prohibited in the front yard.
      (3)   Screening. The requirements of § 156.09.G (Screening Requirements) shall apply to refuse, recycling, and grease containers.
   n.   Satellite Dish. Location. Satellite dishes are allowed on the rear or interior side yard facade of a building, or on the roof of a building.
   o.   Small Wind Energy System. Systems may be roof-mounted or ground-mounted in accordance with the following standards. Refer to Figure 156.07.C-3. Ground-Mounted Small Wind Energy System Standards.
      (1)   General Requirements. All systems shall be subject to the following.
         (a)   Building Permit Application. The application for a building permit shall include drawings of the wind turbine structure, including the tower, base, footings, and location on the site, and of the electrical components in sufficient detail to determine whether the proposed system conforms to pertinent electrical codes.
         (b)   Capacity. Systems shall have a rated capacity of 100 kilowatts or less.
         (c)   Noise. Systems shall not exceed 60 dBA, as measured at the closest lot line. This level may be exceeded during short-term events such as utility outages and/or severe storms.
      (2)   Roof-Mounted System. Roof-mounted systems shall adhere to the following.
         (a)   Districts. Roof-mounted systems are allowed in all zoning districts.
         (b)   Location. Systems are allowed anywhere on the roof of a principal structure. Systems on an accessory structure, such as a garage, gazebo, greenhouse, shed, or other structure, must be approved by the Zoning Administrator.
         (c)   Height. The maximum height of a roof-mounted system shall be 15 feet above the height of the principal or accessory structure to which the turbine is mounted.
      (3)   Ground-Mounted System. Ground-mounted systems shall adhere to the following.
         (a)   Districts. Ground-mounted systems are allowed in the F, B-1, B-2, and I Districts.
         (b)   Location. Systems are allowed in the interior side and rear yards.
         (c)   Setback. All components of a ground-mounted system (tower, blade, guy wire anchors, etc.) shall be located a minimum of five feet from any lot line.
         (d)   Height. The maximum height of a ground-mounted system shall be the height limit of the applicable zoning district.
         (e)   Clearance. A ground-mounted system shall have a minimum of 15 feet of clearance.
      Figure 156.07.C-3. Ground-Mounted Small Wind Energy System Standards.
 
   p.   Solar Energy Collection System. Solar energy collection systems may be roof-mounted or ground-mounted in accordance with the following standards.
      (1)   Roof-Mounted System. Roof-mounted systems shall adhere to the following.
         (a)   Districts. Roof-mounted systems are allowed in all zoning districts.
         (b)   Height. The maximum height of a roof-mounted system shall be five feet above the overall height of the principal or accessory structure to which the system is mounted.
      (2)   Ground-Mounted System. Ground-mounted systems shall adhere to the following.
         (a)   Districts. Ground-mounted systems are allowed in all zoning districts.
         (b)   Location. Ground-mounted systems are allowed in the interior side and rear yards.
         (c)   Height. The maximum height of a ground-mounted system shall be the height limit of the applicable zoning district.
   q.   Swimming Pool or Hot Tub. The following standards apply to swimming pools or hot tubs with a maximum depth equal to or greater than 24 inches.
      (1)   Building Code. The installation or replacement of a swimming pool or a hot tub shall comply with all requirements of all building codes adopted by the Village, including those for enclosures, barriers, and safety devices.
      (2)   Location. Swimming pools or hot tubs are allowed in the rear yard and shall not extend into the corner side or interior side yards.
      (3)   Height. Above-ground swimming pools shall not exceed six feet in height.
      (4)   Distance from Other Structures. A swimming pool shall be a minimum of ten feet from any other structure or building on the lot, with the exception of an attached permanent deck or patio attached to said pool. A swimming pool shall be at least five feet from any utility lines or cables, as verified by the Zoning Administrator. For a hot tub with any type of enclosure, the enclosure must comply with all applicable height, structure or building separation, and setback distances required in this Ordinance. The required distance from any other structures or buildings does not apply to a hot tub without an enclosure.
   r.   Treehouse.
      (1)   Location. A treehouse shall be located in the rear yard.
      (2)   Number. A maximum of one treehouse is allowed per lot in the F, R-1, R-2, and R-3 Districts.
      (3)   Size. The maximum size of treehouse shall be 40 square feet. A treehouse greater than 40 square feet shall be prohibited.
   s.   Wireless Telecommunication Antenna.
      (1)   General Requirements. Wireless telecommunication antennas shall meet the general requirements for wireless telecommunication facilities and/or towers in § 156.07.C.26.a (General Requirements).
      (2)   Height.
         (a)   A wireless telecommunication antenna shall not increase the height of any building or structure on which it is mounted by more than 10%.
         (b)   A wireless telecommunication antenna mounted to a wireless telecommunication tower shall not increase the height of the tower by more than 10%.
      (3)   Stealth Design. All wireless telecommunication antennas shall utilize stealth design to blend into the surrounding environment, including those co-located on a wireless telecommunication tower.
         (a)   A wireless telecommunication antenna must be enclosed, camouflaged, screened, or obscured so that it is not readily apparent to a casual observer.
         (b)   A wireless telecommunication antenna shall blend into another part of the structure upon which it is mounted, such as a rooftop, tower, spire, or other similar feature.
4.   Accessory Dwelling Units. Accessory dwelling units are permitted in all residential zoning districts within a principal or accessory structure subject to approval of site plan review (§ 156.03.A.2 (Site Plan Review)) and provided that the following standards are met.
   a.   Accessory Dwelling Unit.
      (1)   Location. An accessory dwelling unit located in a principal structure may be located anywhere within a principal structure. An accessory dwelling unit located in an accessory structure is allowed in the rear yard only.
      (2)   Number. The number of accessory dwelling units on a lot shall be no greater than the number of principal dwelling units on a lot.
      (3)   Size. The maximum size of an accessory dwelling unit shall be 900 square feet.
      (4)   Design. An accessory dwelling unit shall be designed to be clearly secondary to the principal dwelling unit on the site. For accessory dwelling units located in an accessory structure, the exterior materials of the dwelling unit must be compatible with the primary dwelling unit, including siding and trim materials, window design, roof shape, roof pitch, and roof material.
5.   Home-Based Businesses. A home-based business is permitted within any dwelling unit in the Village as part of a principal or accessory structure provided that the following standards are met.
   a.   Residential Character. The location and operation of the home-based business shall not alter the residential character of the dwelling and does not create noise, glare, odors, dust, vibration, noxious fumes or smoke readily discernable at the property lines of the lot on which the home-based business is situated that exceeds what is normally produced by a residential dwelling. A home-based business shall not impact the existing character of the neighborhood, including traffic, light, and noise. No separate entrance shall be provided in connection with the operation of any home-based business.
   b.   Permitted Home-based Businesses. No home-based businesses shall be conducted unless it is for one of the following general uses: artist, consultant, counselor, craftsperson, designer, general business or professional office, internet-based wholesale, retail or personal service business, excluding dry cleaners on premises, limited production or manufacturing of goods such as woodworking or ceramics, personal services, tutor, writer, and instructor of music, dance, craft, or fine art. Any production of the premises shall not involve the conduct of a manufacturing business typically only permitted in the industrial zoning districts. If a basement is utilized for pupils, clients, or customers in connection with the home-based business, a code compliant escape window must be provided if there is no other direct egress to the outside from the basement.
   c.   Prohibited Home-based Businesses. No home-based business shall involve the service or repair of motor vehicles or recreational vehicles. No home-based business shall involve dry-cleaning on premises. No home-based business shall involve the treatment of animals, poultry or livestock, or the kenneling or boarding of more than four dogs or cats, or any combination of dogs and cats not exceeding a total of four. With the exception of “Day Care Homes,” which are regulated otherwise, no home-based business shall involve medical or dental care or treatment of persons. No home-based business shall involve manufacturing typically only permitted in the industrial zoning district.
   d.   Sales. No commodities shall be sold on or from the premise, except those transactions made through telephone, mail communication, or electronic or wireless communication for the offices of a salesperson, sales representative, or manufacturer’s representative.
   e.   Storage. Outdoor storage for the home-based business shall be prohibited. Hazardous materials used or stored on site shall be prohibited, except those commonly found within a residential dwelling. Such materials shall be limited to quantities that do not constitute a fire, health, or safety hazard.
   f.   Hours of Operation. Home-based businesses with outside visitors may be allowed to operate from 7:00 a.m. to 9:00 p.m.
   g.   Residency of Operator. The operator of the home-based business shall reside in the dwelling unit in which the home occupation is located.
   h.   Employees. No more than one additional employee who does not reside in the dwelling unit is allowed for a home-based business.
   i.   Visitors. A maximum of four visitors (clients, customers, pupils, etc.) associated with the home-based business may be present at any given time.
   j.   Parking. Any parking needs associated with the home-based business shall be accommodated on-site within an existing driveway or garage.
   k.   Deliveries. Deliveries and shipments are not allowed to or from the premises, with the exception of carriers that typically provide service to residential neighborhoods, such as the U.S. Postal Service and/or express shipping services (UPS, FedEx, DHL).
   l.   Signs. Signs for home-based businesses are permitted in accordance with § 156.10.D.1 (Permanent Signs Exempt from Permit Requirement).
(Am. Ord. 2021-22, passed 5-3-21)