A. Uses Permitted As Accessory Uses: The term accessory use includes, but is not limited to, the following:
1. Generally: Uses which are permitted in a particular zone only as accessory uses as shown in section 10-4-4, table 1, "Uses Permitted In Zones", of this title, even though such uses may be principal uses elsewhere. In the zones indicated, such uses shall not be established as principal uses and must be accessory to a permitted principal use existing and being maintained and operated as such at the time of establishment of the accessory use. Such accessory use may serve a broader public or market than the principal use to which it is accessory. (Ord. 94-397, 4-5-1994)
2. For Residential Uses (SE, SR And SD Districts):
a. Stables, barns, gazebos, private greenhouses, sheds or buildings for domestic storage are accessory buildings to a single-family dwelling. Freestanding garages up to a size of seven hundred twenty (720) square feet will not be considered accessory buildings in homes which lack an attached garage but will be considered part of the principal building. No more than two (2) accessory buildings (freestanding accessory structures) will be permitted. In the event that the detached garage exceeds seven hundred twenty (720) square feet, then any excess over seven hundred twenty (720) square feet shall be included in the total aggregate square footage permitted as accessory buildings. (Ord. 2014-924, 5-6-2014)
b. One story detached accessory structures used as tool or storage sheds, children's playhouses, chicken coop, and similar uses may be built without foundation or footing, provided the floor area of the structure does not exceed one hundred twenty (120) square feet. A permit from the Village will be needed before construction. Tool or storage sheds, children's playhouses, and chicken coops under one hundred (100) square feet will not be counted against one's accessory buildings allotment, provided that only one such structure of said types will receive this exemption. (Ord. 2019-1060, 5-7-2019)
c. All other accessory buildings must be permanent in nature and built of masonry, wood frame or post frame and must comply with any applicable foundation or footing requirements as specified by the International Residential Code, as it may be amended from time to time, as well as applicable permit requirements of this Code.
Metal garages, open air buildings such as carports, fabric/plexiglas or plastic enclosed buildings (greenhouses excepted) and PODS type storage buildings are not permitted. PODS type storage buildings may be used on a temporary basis not to exceed thirty (30) days as long as use of said building is in conjunction with a move or construction project. All accessory buildings must be compatible in appearance with the principal building. Compatibility shall include similar color schemes in agreement with the principal building. All accessory building plans must adhere to Village Building Codes and Village Zoning Codes and must be approved by the Lake County Health Department and the Village building inspector. (Ord. 2014-924, 5-6-2014)
d. The total square footage of all accessory buildings on a parcel or lot is to be determined by the total square footage of the living space of the single-family dwelling and the size of the lot or parcel.
The maximum square footage that the accessory buildings may aggregate shall be determined as follows:
(1) In the SD (properties over 1 acre in size), SE and SR Zoning Districts, fifty percent (50%) of the total living space of the single-family dwelling (not including the basement) and an additional percentage of the total living space of the single- family dwelling (not including the basement) as follows:
(A) Less than two (2) acres: No additional square footage is permitted;
(B) Two (2) acres or more but less than three (3) acres: Twelve and five-tenths percent (12.5%) of the living space of the principal building (excluding basement);
(C) Three (3) acres or more but less than four (4) acres: Twenty five percent (25%) of the living space of the principal building (excluding basement);
(D) Four (4) acres or more but less than five (5) acres: Thirty seven and five-tenths percent (37.5%) of the living space of the principal building (excluding basement);
(E) Five (5) acres or more: Fifty percent (50%) of the living space of the principal building (excluding basement).
As an example, on a three (3) acre lot with a principal dwelling consisting of three thousand (3,000) square feet of total living space, the total aggregate square footage of accessory buildings that would be permitted would equal fifty percent (50%) of three thousand (3,000) square feet, or one thousand five hundred (1,500) square feet, plus twenty five percent (25%) of three thousand (3,000) square feet, or seven hundred fifty (750) square feet, for a total permitted square footage of all accessory structures of two thousand two hundred fifty (2,250) square feet.
(F) No industrial or commercial uses shall be permitted for accessory buildings in residential areas, except as specifically shown in section 10-4-4, table 1 of this title. The maximum allowable area covered by accessory buildings shall never exceed one hundred percent (100%) of the square footage of the living area of the principal building (excluding basement). Accessory buildings must also satisfy all other requirements of this title, including applicable lot coverage limitations.
(2) In the SD (properties less than 1 acre in size) Zoning District, the total square footage of all accessory buildings shall be computed in accordance with all of the terms and provisions of section 10-4-4, table 2 of this title. No industrial or commercial uses shall be permitted for accessory buildings in the SD District, except as specifically shown in section 10-4-4, table 1 of this title. (Ord. 2008-759, 6-17-2008)
3. For Business Uses (B And CR Districts):
a. Storage building for merchandise or materials normally carried in stock as part of a principal use, employee training facilities, dining facilities and similar facilities for the exclusive use of the company and its employees, off street parking and loading facilities, garages.
b. All accessory structures shall be permanent structures of conventional construction including a concrete or cinder block foundation. (Ord. 92-368, 7-7-1992)
4. For Industrial Uses (OR, LI, LI-1, And LI-2 Districts):
a. Process, production or maintenance facilities clearly subordinate and incidental to the principal use; employee training facilities, dining facilities and similar facilities for the exclusive use of the company and its employees; guardhouses, garages, off street parking and loading facilities, storage buildings.
b. All accessory structures shall be of conventional construction including a concrete slab floor and concrete foundation. Temporary or semipermanent buildings such as pole barns are prohibited. (Ord. 2004-651, 2-17-2004)
6. Agricultural Uses (AG District): Accessory buildings within the Agricultural District shall be compatible in use with the principal use. All accessory buildings must be approved by the Lake County Health Department. (Ord. 2013-898, 6-18-2013)
7. Public Uses (PL District): Accessory buildings and principal buildings within the Public Land District constructed as a pole barn/post frame construction will be allowed as a permitted use. All buildings with septic systems must be approved by the Lake County Health Department. (Ord. 2009-780, 4-21-2009)
B. Location Of Accessory Uses:
1. Front Yard: No accessory building may be located in a required front yard in any zone and no accessory use may be located in a required front yard in a Residential Zone other than a sign as permitted by section 10-5-8, "Signs", of this chapter.
2. Side Yard: No accessory building may be located in a required side yard in any zone, except that in a Business or Industrial Zone, an accessory building may be located adjacent to a railroad right-of-way for the purpose of providing a rail loading dock.
3. Rear Yard: No accessory building may be located in a required rear yard in any zone except:
a. No accessory building shall be located within six feet (6') of a principal building. An attached accessory building shall be considered as a part of the "principal building" as defined in section 10-2-3 of this title.
b. In a Business or Industrial Zone, an accessory building may be located adjacent to a railroad right-of-way but only for the purpose of providing a rail loading dock.
C. Construction Of Accessory Buildings: An accessory building shall not be erected prior to the establishment or construction of the principal building or use to which it is necessary.
E. Regulations For Specific Accessory Uses:
1. Customary Home Occupations: See section 10-5-10 of this chapter.
2. Fallout Shelters: Fallout shelters are permitted as principal or accessory uses and structures in any zone, subject to the yard and lot coverage regulations of the zone. These shelters may contain or be contained in other structures or may be constructed separately. In addition to shelter use, they may be used for any principal or accessory use permitted in the zone, subject to the applicable zone regulations and all other applicable ordinances, but shall not be used for principal or accessory uses prohibited expressly or by implication in the zone.
3. Signs: See section 10-5-8 of this chapter.
4. Swimming Pools: Private swimming pools for the exclusive use of the residents of the principal use and their guests are permitted in any Residential Zone, provided that no swimming pool or part thereof, including, but not limited to, aprons, walks and equipment rooms shall protrude into any required yard. Swimming pools must be fenced or otherwise protected against intrusion. All pools having a depth greater than twenty four inches (24") shall be fenced. No private swimming pool accessory to a residence shall be operated as a business or as a private club.
5. Tents: No tent shall be used, erected or maintained as living quarters. Tents used in Commercial or Industrial Zones or tents used for camping purposes, wherever permitted, shall be of a temporary nature. (Ord. 91-341, 4-2-1991)
F. Front Yard Accessory Structure Limitations: Notwithstanding any other provisions contained within this zoning title, no accessory structure shall be constructed between the principal structure and the front building line except as approved by the Village Board for good cause shown. Each application to the Village Board for such a structure shall be accompanied by sufficient information such as a site plan and building elevations to enable the Village Board to determine whether the proposed structure would adversely impact upon adjacent properties or would be otherwise compatible with the existing uses and purpose and intent of this zoning title. (Ord. 2003-618, 2-18-2003)
G. Chickens: The keeping of hens, the female of the chicken species, Gallus domesticus, shall be permitted on single family residential properties (with 1 principal structure) containing a minimum of six thousand (6,000) square feet (sq. ft.), subject to the following conditions:
1. Number Of Hens:
a. This table identifies the number of hens allowed per single family residential property:
Minimum Lot Size | Maximum Number Of Hens Allowed |
6,000 sq. ft. to 42,999 sq. ft. | 6 |
43,000 sq. ft. to 79,999 sq. ft. | 12 |
80,000 sq. ft. to 199,999 sq. ft. | 24 |
2. Chicken Coops And Yards:
a. Space Required: All hens shall be provided with a covered inside enclosure and adjacent outside fenced area.
b. Hens Contained: Hens shall be kept in the chicken coop or chicken yard at all times.
c. Permits: A building permit is required for all enclosures and if applicable, an electrical permit.
d. Electrical Service: Electrical service to enclosures and/or shelters shall comply with all Village Building and Electrical Codes, rules and regulations. Under no circumstances shall electrical service be provided to an enclosure and/or shelter by using extension cords or other temporary means.
e. Chicken Coops:
(1) Hens shall be kept in an enclosed outdoor coop, an accessory structure used for the purpose of keeping live chickens, so as to offer protection from weather elements and from predators and trespassers.
(2) Coops shall be built and kept in such a manner, large enough to provide at least four (4) square feet per hen and allow the hens easy ingress and egress to an enclosed chicken yard. Coops shall not exceed eight feet (8') in height.
(3) Coops shall be designed to be predator and pest resistant, and easily accessed for cleaning and maintenance.
(4) Coops shall be covered with uniform materials and shall be maintained intact with all parts secure. Any repairs shall maintain consistency with original structure in appearance and condition. The coop must be replaced, removed, or repaired upon evidence of deterioration.
(5) Exterior lighting shall not continuously illuminate a coop.
f. Chicken Yards:
(1) Coops shall be connected with an enclosed yard or run with a minimum size of eight (8) square feet per chicken. The enclosed yard shall be surrounded by a fence made of wood or metal and of sufficient height to contain the hens.
(2) Hens may be allowed to roam in a fenced backyard, but shall not be allowed to roam outside of the fenced yard. Hens must be returned to the secured chicken coop each night.
(3) Chicken yards constructed with wire mesh fencing shall retain a flat, uniform plane, in a well-maintained, safe condition.
(4) Barbed wire, razor wire or similar fencing materials are prohibited.
g. Location And Setbacks:
(1) Street Setbacks: Chicken coops and yards shall not be located between the principal building and any improved alley, easement for purposes of ingress or egress, or road right-of-way.
(2) Lot Line Setback: All enclosures/structures shall be located a minimum of ten feet (10') from all lot lines.
(3) Setback To Habitable Structures: In addition to setback requirements for accessory structures, chicken coops shall be located a minimum of thirty feet (30') from any existing structures on any adjoining parcel, such as dwellings, non- residential buildings, patios, porches, gazebos, decks, or swimming pools, but not including storage structures such as garages or sheds.
(4) Location: All chickens, chicken coops, and chicken yards shall be kept/located in rear yards only.
3. Prohibitions And Management Practices:
a. Roosters: The keeping of roosters shall not be allowed on any property less than five acres (200,000 square feet) in size.
b. Odors: Chicken coops and yards must be cleaned on a regular basis, so they remain free from undue accumulated waste, such as to cause odors reasonably detectable on adjacent properties.
c. Construction Of Coops: Coops shall be enclosed and well- ventilated and hens shall be protected from the weather and predators.
d. Feed: All feed for hens shall, except when placed for consumption by the hens, be kept in containers with tightly fitted lids that are rodent-proof.
e. Maintenance Of Coops: Coops shall be maintained in good repair and non-dilapidated condition.
f. Slaughter: No outdoor slaughter of chickens shall be allowed, and any slaughtering or related processing must be conducted in a humane and sanitary manner.
g. Sales: No sales of eggs or hens shall be allowed.
h. Other Types Of Animals: No other poultry, including but not limited to geese, ducks and turkeys shall be kept on the property.
i. Disposal Of Waste And Deceased Hens: All waste and deceased hens must be disposed of in a sanitary manner.
j. Hen Health: Hen health must be maintained with proper feed and water.
k. Breeding Prohibited: The breeding of chickens on-site is expressly prohibited.
l. Animal Cruelty: Animal cruelty laws pertain to hens.
m. Laws, Rules And Regulations: All persons maintaining hen facilities shall comply with all local, County, State and Federal laws, rules and regulations pertaining to maintaining and keeping hens. (Ord. 2019-1060, 5-7-2019)