1127.02 SUPPLEMENTARY REGULATIONS.
   (a)   Minimum Lot Size. Unless otherwise specified within a particular zoning district, the minimum lot area shall be 75 feet X 125 feet and the minimum lot width at the minimum setback line shall not be less than 75 feet.
   (b)   Additional Yard and Buffering Requirements.
      (1)   Yard requirements and buffering between residential and commercial or park and recreational land uses. To secure a desirable transition between residential and commercial land uses, additional requirements shall apply to side and/or rear yards beyond those requirements specified in the zoning districts. For parcels of land which are zoned General Commercial (C-2), or Park and Recreation (P-R), and which abut a residential or agricultural zoning district, the minimum side and/or rear yards abutting such residentially zoned land shall be a minimum of 25 feet. These side and/or rear yards shall not contain any signs or parking areas of any kind, and shall have plantings of trees and/or shrubs which will have a minimum height of 4 ½ feet and will provide an opacity of one hundred percent (100%) in the summer and fifty percent (50%) in the winter within three years. Existing vegetation shall be used to fulfill this requirement where feasible and all plant material shall be maintained in an attractive condition.
      (2)   Other yard requirements and buffering requirements. To secure a desirable transition between residential and land uses permitted in Industrial Districts, additional requirements shall apply to side and /or rear yards beyond those requirements specified in the zoning districts. For parcels of land which are zoned Industrial, and which abut a residential zoning district, the minimum side and/or rear yards abutting such residentially zoned land shall be a minimum of 100 feet. These side and/or rear yards shall not contain any signs or parking areas of any kind, and shall have plantings of trees and/or shrubs which will have a minimum height of 4 ½ feet and will provide an opacity of one hundred percent (100%) in the summer and fifty percent (50%) in the winter within three years. Existing vegetation shall be used to fulfill this requirement where feasible and all plant material shall be maintained in an attractive condition.
      (3)   Adjustments to front yard requirements. Whenever fifty percent (50%) or more of the lots along any one street have been developed prior to the adoption of Ord. 2000-0-03, the minimum front yard requirement may be reduced to an average setback of all structures located along the subject street within a distance of 400 feet on either side of the property in question.
      (4)   Adjustments to side yard requirements for corner lots. Regardless of side setback line requirements and minimum side yard requirements set forth in other parts of this code, when a lot is located on a corner of intersecting streets, all yards abutting a public street shall be considered to be a front yard, and shall be required to have front yard setbacks and front yard requirements for all such yards abutting a public street.
      (5)   Visibility at intersections. On any corner lot in the village, no building, structure, fence or landscaping of any nature shall be erected, placed, planted or allowed to grow in such a manner as to impede vision three feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of intersection.
(Ord. 2000-0-03. Passed 3-13-00.)
      (6)   Fences, wall and hedges. Notwithstanding other provisions of this chapter, fences, walls and hedges may be permitted in any required yard or along the edge of any yard provided no fence, wall or hedge along the sides of front edge of any front yard shall be more than 3 feet in height and may come to the edge of the right of way in any required yard. In any event, no fence shall exceed 7 feet in height. Storage of materials of any sort, or the placement of buildings along the lot line does in no way constitute a fence or a wall.
A.   No construction of a fence shall commence until a permit is issued by the Zoning Inspector, who shall review each application and determine its compliance with these regulations. The property owner shall determine the property lines and ascertain that the fence, wall or hedge does not encroach upon any other lot or parcel.
B.   Fences shall be kept in proper repair and maintained so as not to create conditions which may endanger the health, comfort, safety and general welfare of the public.
C.   No fence shall be constructed using barbed wire or electrified fencing. For purposes of this subsection, barbed wire fence means a fence made with metal wire having sharp points or barbs along its length. Electrified fence means all fences or structures in which or attached to which, is any device or object which emits or produces an electric charge, impulse or shock when the same comes into contact with any other object or any person, animal or thing, or which causes or may cause, burns to any person or animal.
D.   No fence shall be constructed that would restrict the maintenance of any public utility.
E.   All fences shall be constructed with the decorative or finished side facing the adjacent property or properties and the post side shall be facing inward or facing the property where the fence is being constructed.
F.   The provisions of this section shall apply to any single-family residential zoning district and to no other zoning district. In all other zoning districts, fences shall be approved as part of the site plan or development plan review.
(Ord. 2004-O-24. Passed 8-26-04.)
         (7)    Private swimming pools.
         A.    For the purpose of this section, a private swimming pool is defined as any pool, pond, lake or open tank where swimming is normally permitted, not located within a completely enclosed building, and containing or, normally capable of containing water, to a depth of at any point greater than 1 ½ feet and having a surface area of 200 square feet or more.
         B.    No such private swimming pool shall be allowed in any Agricultural or Residential District except as an accessory use and unless it complies with the following conditions and requirements:
            i.   The private swimming pool is intended for the use of the residents and their guests of the property on which the pool is located; and
            ii.   The private swimming pool and any accessory structures such as walks, paved areas, and fences shall not be located closer than 15 feet to any property line and shall be a minimum of 10 feet from the principal building; and
            iii.   Fencing. Except as provided in subsections (c) and (d) herein, in-ground or above ground private swimming pool, or the entire property on which it is located shall be so walled or fenced so as to prevent uncontrolled access from the street or adjacent properties. Said fence or wall shall not be less than four feet in height and maintained in good condition, with a gate and lock.
         C.    Swimming Pool Safety Covers with Permit. A swimming pool safety cover may be installed as an alternative to any walls or fencing required herein, only upon the issuance of a zoning permit to be issued only after the inspection and determination that all of the following apply:
            i.    Application and permit fee shall be submitted prior to installation payable to the Administrator or Clerk-Treasurer/ Fiscal Officer.
Failure to obtain a permit and pay the required fee prior to installation of a swimming pool safety cover, shall result in a penalty of twice (2x) the original permit fee.
            ii.   Cover shall be capable of being securely fastened and locked.
            iii.   Cover shall be of sufficient strength to support at least 435 pounds and shall be constructed so as to prevent access at all times to such pool when not in use.
            iv.   Cover shall be constructed as mesh, solid, or automatic.
         D.    Sidewall Height. Freestanding above-ground private swimming pools with sidewalls not less than forty-eight (48") inches in height from the ground, may do without additional walls or fencing required herein. Pool ladders used to enter the pool shall be removed or locked when pool not in use. (Ord. 2022-O-13. Passed 11-14-22.)
      (8)   Outdoor lighting. Outdoor lighting, when used for security, landscaping, or signage shall be so designed so as not to adversely impact adjacent property.
      (9)   Yard requirements for accessory structures. Accessory structures. (when not attached to a principal structure) shall not be located less than five feet of any property line; provided however, that an unattached accessory structure may not be located in an area that would place it closer to the street than the principal structure.
      (10)   Decks, landings, patios and walkways. Decks, landings, patios, and walkways shall be subject to the basic fee for said permit.
         (Ord. 2000-0-03. Passed 3-13-00.)