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(A) No person, firm, or corporation in charge of any premises within the village, whether as owner, tenant, lessee, occupant, or otherwise, shall allow in any way or permit the placement of permanent or portable recreational equipment, including, but not limited to, basketball goals, backboards, skate ramps, hockey nets, or soccer nets, in the public right-of-way, including the sidewalk, driveway apron, tree lawn, and roadway.
(B) It shall be established as the procedure that if any person violates the above prohibition, the Village Manager, or his or her designee, shall provide a written notice to said person or the designee, the person in charge, who shall remove the equipment from the right-of-way within 24 hours. This written notice shall be served upon the person in charge, either personally or by leaving a written notice at his or her usual place of residence, or by certified mail addressed to his or her last known address. Said notice shall serve to put the recipient on notice with respect to the requirements of the referenced sections of the code and obviate the need for additional notice within 365 days of the date of the notice.
(C) If the person in charge fails to remove the equipment from the right-of-way, he or she shall be charged with a minor misdemeanor under this section. On each offense, the village may cause the equipment to be removed from the right-of-way, and the person in charge shall be responsible for all removal and recovery costs.
(Ord. 2005-054, passed - -2005) Penalty, see § 153.999
HEIGHT, AREA AND YARD MODIFICATIONS
The height limitations stipulated elsewhere in this Zoning Code shall not apply to the following:
(A) Farm buildings, churches, architectural features, and similar structures. Barns, silos, or other farm buildings or structures on farms; church spires, belfries, cupolas, and domes; monuments; chimneys, flagpoles; parapet walls extending not more than four feet above the limiting height of the building; or
(B) Elevator penthouses, water tanks, and similar structures. Elevator penthouses, water tanks, monitors, and scenery lofts, provided the height of any such structure doesn’t exceed 50% of the corresponding street lot line frontage; monuments, grain elevators, conveyers, derricks, gas holders, or other structures and mechanical appurtenances where the manufacturing process requires a greater height and provided no such structure is visible from a public right-of-way.
(Ord. 96-152, passed 10-7-1996)
The yard space required for a use or structure shall, during its life, remain free of all uses or occupancies except as follows:
(A) Landscaping shall be permitted in any required yard, or along the edge of any yard, provided that no fence or wall, unless decorative, no higher than three feet in height except as required in §§ 153.275 through 153.281, and not located so as to reduce visibility, shall be located between a public right-of-way and a front building line. Such fencing shall not include chain link fencing.
(B) Eaves, cornices, canopies, window sills, belt courses, and any similar architectural feature may project into any required yard a distance not to exceed three feet.
(C) Bay windows, balconies, uncovered porches and chimneys may project beyond the front building line or into a required rear yard space a distance not to exceed five feet.
(D) Driveways shall be permitted in required yards, but shall be three feet or more from any property line, except where such driveways are developed jointly as a common drive to adjoining lots.
(Ord. 96-152, passed 10-7-1996)
(A) Any other regulations of this Zoning Code notwithstanding or as otherwise determined by the applicable County Board of Health, in any district where public water and sanitary sewer facilities are not immediately accessible, the lot area per single-family dwelling and lot frontage requirements otherwise specified for residential uses shall be increased as follows:
(1) Sewerage and water not available. Where both public sanitary sewerage and public water supply are not accessible:
(a) Minimum lot area: one acre; and
(b) Minimum lot frontage: 125 feet.
(2) Sewerage not available. Where public water supply is accessible and private connections will be made, but where public sanitary sewerage is not accessible:
(a) Minimum lot area: one acre; and
(b) Minimum lot frontage: 125 feet.
(B) Residential structures containing two or more dwelling units shall not be rezoned, shall not be issued a certificate of zoning compliance, nor shall be issued a building permit without access to public sanitary sewer and water facilities.
(Ord. 96-152, passed 10-7-1996)
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