A. General Provisions:
1. Authorization: All accessory uses and accessory buildings and structures shall conform to the applicable requirements of the development control ordinance and all other applicable regulations set forth in the village code, including, but not limited to, the building code, the electrical code, and the fire prevention code. The provisions of this chapter set forth below establish additional requirements and restrictions for particular accessory uses and structures. Except as otherwise provided in this chapter, no accessory use or structure shall be approved, established, or constructed before the principal use or structure is approved, established, or constructed. (Ord. 01-2171, 6-25-2001)
2. Area Limitation: Enclosed accessory uses and structures shall comprise no more than a total of ten percent (10%) of the lot area. In addition, accessory uses, whether within enclosed structures or not, shall comprise not more than thirty five percent (35%) of a required yard of a lot in a residence district. In the case of driveways, not more than twenty percent (20%) of the lot area in a residence district may be devoted to a driveway. In addition, the size of driveway area in the required front or corner side yard shall be no more than one thousand one hundred (1,100) square feet in the A and R-1 districts and not more than six hundred sixty (660) square feet in any other residence district, or forty four percent (44%) of said required yards in any residence district, whichever is greater. In no case shall driveway width in required front or corner side yards exceed twenty two feet (22') with the exception of three (3) car garages which may have a width of thirty three feet (33'). (Ord. 97-2011, 6-16-1997)
3. Height Limitation: Except where specifically authorized elsewhere in this ordinance, the height of accessory buildings shall conform to the following:
a. In residence districts and the C-1 district the height of accessory buildings or structures shall not exceed fourteen feet (14').
b. In all other districts the height of accessory buildings or structures shall not exceed the height of permitted uses, except that accessory structures located on top of buildings such as chimneys, flagpoles, fire towers and utility service poles may extend eighteen feet (18') above the principal building.
4. Proximity To Principal Buildings And To Other Accessory Structures:
a. In residence districts, detached accessory buildings or structures shall be located no closer than ten feet (10') from the nearest wall of a principal structure and four feet (4') from other accessory structures on the same lot.
b. In all other districts, detached accessory buildings or structures shall be located no closer than ten feet (10') from the nearest wall of a principal building or other accessory structure. (Ord. 92-1855, 12-14-1992)
5. Accessory Buildings In Required Yards: No accessory buildings or structures, except as otherwise provided in table 4-1 or elsewhere in this ordinance, shall be located in the required front, corner side or interior side yards. No accessory buildings on a corner lot shall project beyond the required front yard or corner side yard line of either street. In the case of reversed corner lots, no accessory building or structure located in the required rear yard shall project beyond the required front yard setback of the adjoining property. Accessory buildings shall not be closer than five feet (5') to an interior side or rear lot line. (Ord. 00-2112, 1-24-2000)
6. Occupancy Limitation: No accessory use, building or structure shall be used for habitable space, except as may be allowed under a conditional use permit issued in accordance with this ordinance or as otherwise provided for by this ordinance. (Ord. 01-2171, 6-25-2001)
7. Garage Limitation: Only one detached garage shall be permitted on any lot used for a single- or two-family dwelling.
B. Vehicle Parking And Storage:
1. General Prohibition: The parking and storage of all vehicles, excluding passenger cars but including buses, trailers, trucks and recreational vehicles (including "off road" motorcycles; 3, 4 or more wheeled all terrain vehicles or those running on tracks; and snowmobiles including any of these vehicles on trailers) or boats, including boats on trailers (all of the above, for the purposes of this ordinance shall be referred to as "vehicles"), shall not be allowed in any residential district for longer than four (4) hours except:
a. Within an enclosed building which meets the requirements of all applicable ordinances.
b. If not within an enclosed building, then in the rear yard of a residential lot, not closer than three feet (3') to any building or structure or lot line.
c. For delivery vehicles engaged in loading or unloading or vehicles parked in connection with use in current work being done on adjoining premises.
2. Parking And Storage Restrictions: Notwithstanding any other provision of this ordinance, the following restrictions shall apply:
a. Restrictions Based On Vehicle Size:
(1) No vehicle in excess of forty feet (40') in length or more than ten feet (10') in road clearance height shall be stored or parked within the village except for such temporary parking as provided within section 7-7-3 of the municipal code.
(2) Vehicles in excess of twenty five feet (25') in length but not more than forty feet (40') in length or more than ten feet (10') in road clearance height may be stored or parked within the village if such vehicles are stored or parked within an enclosed building which meets the requirements of all other applicable regulations.
(3) Vehicles with the length of less than twenty five feet (25') and not more than ten feet (10') in road clearance height may be stored or parked outdoors within the village pursuant to the restrictions set forth in this ordinance and all other applicable regulations.
b. Vehicles Used For Human Habitation: No stored or parked vehicle shall be occupied or used for human habitation.
c. Disrepair Of Vehicle: No vehicle which is in a state of externally visible disrepair or partial construction shall be stored or parked outdoors in a residential zone, but shall be stored or parked only within an enclosed building meeting the requirements of all applicable regulations.
d. Recreational Vehicles: A recreational vehicle may be temporarily parked or stored in a side yard driveway or front yard driveway of a residence for no more than forty eight (48) hours and then only for the express purpose of loading, unloading or housekeeping tasks related to embarking or returning from a trip.
e. Outdoor Storage; Certain Vehicles Restricted: No more than one of the following may be stored or parked outdoors on any lot in a residential zone: a recreation vehicle; a boat (including its trailer) if the boat is mounted thereon; or two (2) snowmobiles, motorcycles, or ATVs if both are mounted on one trailer. In no case shall more than one such trailer be allowed.
f. Grant Of Temporary Waiver: Upon prior written request of a resident, the village manager, or his designated representative, may grant a temporary waiver of these parking restrictions for a period of time not to exceed seven (7) days. (Ord. 92-1855, 12-14-1992)
3. Temporary Use Of Trailer For Office: Where any trailer, camper or mobile home is being used temporarily as an office during the construction of any building or buildings or other major construction projects within the village, an application must be filed with the department of code enforcement designating the length of time such structure is to be used for construction purposes. Upon such application being filed, the department of code enforcement may issue a temporary license permitting the parking of such trailer, camper or mobile home for the period of construction. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)
4. Violations And Enforcement:
a. Any person using, occupying, storing or parking any truck, bus, trailer, recreational vehicle or boat contrary to the provision herein is guilty of a misdemeanor.
b. Any recreational vehicle, boat, truck, bus or trailer which is occupied, used, stored or parked contrary to the provisions herein is hereby declared to be a public nuisance. (Ord. 92-1855, 12-14-1992)
c. It shall be the duty of the village manager, department of law enforcement services and department of code enforcement to enforce these provisions. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)
5. Penalty: Any person violating any of the provisions of this chapter shall be fined not less than twenty five dollars ($25.00), nor more than five hundred dollars ($500.00) for each offense. Each day such violation shall continue shall constitute a separate offense. (Ord. 92-1855, 12-14-1992)
C. Antenna Structures, Earth Satellite Stations, And Digital Satellite Stations:
1. Purpose And Intent: It is the intent of this subsection to provide rules and regulations for the size, placement, number and screening of antenna structures, earth satellite stations, and digital satellite stations within the village.
It is the intent of this subsection to permit the installation of antenna structures, earth satellite stations, and digital satellite stations without creating adverse economic, aesthetic and safety impacts and to promote the health, safety and general welfare of the village, while not interfering with the transmitting or reception function of these structures or stations.
2. Permit:
a. Accessory Structure: Antenna structures, earth satellite stations, and digital satellite stations shall be permitted in any zoning district as an accessory structure, subject to the provisions contained in this subsection.
b. Permit Required: All antenna structures, earth satellite stations, and digital satellite stations shall be subject to the provisions of this subsection, and shall require a building permit except:
(1) Antenna structures that are attached to a building, and which do not extend more than five feet (5') above the highest point of the building to which the antenna is attached.
(2) Those antenna structures operated by Municipal safety agencies.
c. Application For Permit: When a permit is required, plans and other information for installation of an antenna structure, an earth satellite station, or a digital satellite station shall accompany each application for a permit, and shall include:
(1) Manufacturer's specifications.
(2) Height of the antenna structure or earth satellite station.
(3) Diameter, if the structure is an earth satellite station or digital satellite station.
(4) Proposed setbacks from adjacent property lines or public rights of way.
(5) Foundation and mounting details.
(6) Size, type and location of existing and proposed vegetation on the property which influences views of the installation from adjacent property or public rights of way.
(7) Location of principal structures on adjacent lots.
(8) Method of screening, and materials and colors of the screen, if the antenna structure or earth satellite station will be roof-mounted.
d. Approval: Building permits for antenna structures, earth satellite stations, and digital satellite stations shall be issued by the Code Enforcement Department once all applicable requirements of this Ordinance have been met.
e. Fee: Fees are as determined in Title 9, Chapter 1, Article A of the Village Code.
3. Regulations: Applicants seeking to install an antenna structure, earth satellite station or a digital satellite station in a manner which does not comply with all of the following standards may seek relief through the conditional use process as noted in Section 10-3-14 of this Ordinance.
a. Number: The maximum number of antenna structures, earth satellite stations or digital satellite stations permitted for each principal building located in any zoning district shall not exceed two (2), however, only one of the two (2) permitted can be an earth satellite station or a digital satellite station.
b. Location:
(1) Residential Districts:
(A) Antenna structures may be installed on flat roofs or on that portion of a hip, gable or gambrel roof which does not face a public street. The antenna structures shall be located so as to minimize visibility from other properties or public rights of way. Antenna structures that are to be ground-mounted shall be located only in the rear yard of a property according to applicable setbacks and to minimize visibility from other properties and public rights of way.
(B) Earth satellite stations shall be ground- mounted, and shall be located only in the rear yard of a property according to applicable setbacks and to minimize visibility from other properties and public rights of way.
(C) Digital satellite stations shall be installed only on the rear facade of a building, or that portion of the roof facing the rear yard below the highest portion of the roof in order to minimize visibility from other properties and public rights of way.
Digital satellite stations may be ground-mounted, and shall be located only in the rear yard of a property according to applicable setbacks and to minimize visibility from other properties and public rights of way.
On flat roofs the digital satellite station shall be located to minimize visibility from other properties and the public rights of way.
(2) Districts Other Than Residential:
(A) Antenna structures, earth satellite stations, and digital satellite stations, may be roof-mounted. Roof-mounted earth satellite stations shall be screened from view from residential properties and public rights of way by the roof structure, parapet wall or a solid surface. The screening material shall be colored to blend with its background, and be compatible with the color of the principle structure on which it is placed. If the roof is flat, an earth satellite station shall be completely screened on all sides.
(B) Antenna structures, digital satellite stations, and earth satellite stations may be installed on the ground in a rear yard of a property, according to applicable setbacks and in a location in order to minimize visibility from other properties and public rights of way.
(C) Digital satellite stations may be roof-mounted, or installed on any facade which does not face a residential property and public rights of way.
c. Landscaping:
(1) Ground-mounted antenna structures and earth satellite stations shall be screened to minimize visibility by utilizing the following minimum landscape requirements:
One six foot (6') tall evergreen tree plus a continuous three foot (3') tall hedge, with individual plants placed on four foot (4') centers, facing each adjacent property or public right of way from which the structure is visible.
(2) Plant materials to be used for screening shall consist of the following trees and shrubs, unless the Code Enforcement Department approves a different species:
(A) Evergreen Trees:
(i) White pine.
(ii) Austrian pine.
(iii) Colorado spruce.
(iv) Douglas fir.
(B) Shrubs:
(i) Arrowwood viburnum.
(ii) Winged euonymus.
(iii) Peking cotoneaster.
(iv) Red twig dogwood.
(3) Fencing, walls and berming may be used in conjunction with, but not in lieu of, trees and shrubs to provide required screening.
(4) Weather permitting, landscaping, fencing, walls and/or berming shall be installed immediately upon erection of the antenna structure or earth satellite station. In no case shall landscaping, fencing, walls and/or berming be deferred for more than one hundred eighty (180) days due to weather.
d. Diameter: For all permitted installations, it is the policy of the Village that the smallest practical size of earth satellite stations shall be utilized. The diameter of earth satellite stations shall not exceed the following:
(1) Residential districts:
Eight feet (8')
(2) All other districts:
Twelve feet (12')
e. Height: For all permitted installations, it is the policy of the Village that the lowest practical mounting height shall be used for any earth satellite station or digital satellite station.
(1) Ground-mounted earth satellite stations shall not exceed the following overall height:
(A) Residential districts:
Ten feet (10')
(B) All other districts:
Fifteen feet (15')
(2) Ground-mounted digital satellite stations shall not exceed an overall height of five feet (5').
(3) All antenna structures, except those referenced in subsection D of this Section, whether roof- or ground-mounted, shall not extend more than twenty feet (20') above the highest point of the building on which they are mounted.
(4) Roof-mounted digital satellite stations shall not extend more than five feet (5') above that portion of the roof to which it is mounted, providing it also complies with the location provisions of subsection C3b(1)(C) of this Section.
(5) Roof-mounted earth satellite stations shall not exceed a height of fifteen feet (15') above the roof in nonresidential districts.
f. Setbacks:
(1) Ground-mounted antenna structures, digital satellite stations, and earth satellite stations shall be set back a minimum of ten feet (10') from the rear or interior lot lines, however, an anchor for a guy wire or cable may be located within three feet (3') of the rear or interior lot lines if it is protected to prevent injury.
(2) No part of a ground-mounted antenna structure, digital satellite station, or earth satellite station shall be located closer than the principal building or a minimum of fifteen feet (15') to the front of a lot or public right of way.
g. Color: Antenna structures, earth satellite stations, and digital satellite stations shall be neutral in color, and to the extent possible, colored to blend with their surroundings and adjacent structures.
h. Installation:
(1) The installation or modification of antenna structures, earth satellite stations, and digital satellite stations shall be in accordance with applicable requirements of the Village's Building Code and all other applicable codes.
(2) Antenna structures, earth satellite stations, and digital satellite stations shall be constructed and installed so as to withstand the forces of wind pressure, snow and ice loads, and other forces, as provided for in the Village's Building Code.
4. Conditional Use: In the event the standards of this Section cannot be complied with, the permit applicant may file a petition for a conditional use, following the process described in Section 10-3-14 of this Ordinance. When making a determination, the Village shall utilize the applicable conditional use standards in subsection 10-3-14G of this Ordinance. In addition to these standards, the Village shall ascertain whether the antenna structure, earth satellite station, or digital satellite station will be located so as to minimize its visibility from other properties or the public right of way.
5. Fines:
a. Any person causing or allowing a violation of the terms and conditions of this subsection shall, upon conviction, be fined not less than fifty dollars ($50.00) for each offense, nor more than five hundred dollars ($500.00). Each day that a violation of a term or condition of this subsection exists shall constitute a separate offense.
b. In addition, the Village may pursue such other remedies as shall be appropriate to prevent the violation of this subsection.
6. Applicability: This subsection shall not apply to any antenna structure, earth satellite station, or digital satellite station that was erected or which was approved by the Village prior to the effective date hereof 1 adding the amendments to this subsection of the Code herein included, provided, however, that this subsection shall apply if:
a. The location of such an antenna structure, earth satellite station, or digital satellite station is changed.
b. An antenna structure, earth satellite station, or digital satellite station is increased in size or height.
c. An antenna structure, earth satellite station, or digital satellite station is modified or repaired, and the cost of such modification or repair exceeds fifty percent (50%) of its replacement value.
D. Amateur Radio Antenna Structures: Any antenna structure having a combined surface area greater than five (5) square feet and having any single dimension exceeding twelve feet (12') that is capable of transmitting as well as receiving signals and whose operator is licensed by the Federal Communications Commission as an amateur radio facility must satisfy each of the following conditions:
1. Number Limited: No more than one such antenna structure with a surface area greater than five (5) square feet and any single dimension exceeding twelve feet (12') may be located on any zoning lot.
2. Height Limited: No such antenna structure shall, if ground- mounted, exceed seventy five feet (75') in height or, if attached to a building pursuant to subsection D3 below.
3. Attachment To Buildings Limited: No such antenna structure shall be attached to a principal or accessory structure unless all of the following conditions are satisfied:
a. Height: The antenna structure shall not extend more than twenty feet (20') above the highest point of the building on which it is mounted.
b. Mounting: The antenna structure shall not be attached to or mounted upon any building appurtenance, such as a chimney. The antenna structure shall not be mounted or attached to the front of any building or to the side of any building facing a public right of way. The antenna structure shall be designed to withstand wind loads in accordance with EIA 222-E.
4. Grounding: The antenna structure shall be bonded to a grounding rod.
5. Permit: The permit requirements of subsection C of this Section shall apply to amateur radio antenna structures described in this subsection.
6. Other Standards: The antenna structure shall satisfy such other design and construction standards as the Code Enforcement Department reasonably determines are necessary to ensure safe construction and maintenance of the antenna and its support structure.
7. Setbacks:
a. Ground-mounted antenna structures shall be set back a minimum of three feet (3') from the rear or interior lot lines.
b. No part of a ground-mounted antenna structure shall be located closer than the principal building or a minimum of fifteen feet (15') to the front of a lot or public right of way.
c. No such antenna or antenna structure shall be located in any required side yard or nearer than one-half (1/2) the height of the antenna and support structure to any habitable building on any adjacent property.
RESIDENTIAL DISTRICTS
Type | Number | Location | Minimum Setback For Ground Mounts | Maximum Diameter | Maximum Height | Permit | Screening |
Antenna structures conventional TV | Up to 2* | Roof or rear yard | 10' (3' for supports) | ---- | 20' above maximum building height | No, unless it is attached to the building and extends > 5' above roof | If ground-mounted, 1 evergreen tree (6') and continuous hedge (3') facing each adjacent property or public ROW from which structure is visible |
Amateur radio antenna structures | 1* | Roof or rear yard | 3' | ---- | 20' above maximum building height if attached to building. 75' maximum if ground mount. | Yes | Not required |
Earth satellite station | 1* | Ground-mounted, rear yard only | 10' (3' for supports) | 8' | 10' | Yes | 1 evergreen tree (6') and continuous hedge (3') facing each adjacent property or public ROW from which structure is visible |
Digital satellite station | 1* | Rear portion of roof or rear building facade or ground- mounted | 10' (3' for supports) | 24" | 5', but not above roof's high point | Yes | Not required |
* The maximum number of structures permitted for each principal building located in any zoning district shall not exceed 2.
NONRESIDENTIAL DISTRICTS
Type | Number | Location | Minimum Setback For Ground Mounts | Maximum Diameter | Maximum Height | Permit | Screening |
Antenna structures conventional TV | Up to 2* | Roof or rear yard | 10' (3' for supports) | ---- | 20' above maximum building height | No, unless it is attached to the building and extends > 5' above roof | If ground-mounted, 1 evergreen tree (6') and continuous hedge (3') facing each adjacent property or public ROW from which structure is visible |
Amateur radio antenna structures | 1* | Roof or rear yard | 3' | ---- | 20' above maximum building height if attached to building. 75' maximum if ground mount. | Yes | Not required |
Earth satellite station | 1* | Roof or rear yard | 10' (3' for supports) | 12' | 15' | Yes | If ground-mounted, 1 evergreen tree (6') and continuous hedge (3') facing each adjacent property or public ROW from which structure is visible. If roof-mounted, completely screened from public streets and adjacent residential properties. |
Digital satellite station | 1* | Roof or side/rear building facade not facing streets or residential uses or rear yard ground- mounted | 10' (3' for supports) | 24" | If roof-mounted, not > 5' above roof | Yes | Not required |
* The maximum number of structures permitted for each principal building located in any zoning district shall not exceed 2.
(Ord. 95-1928, 1-23-1995)
E. Accessory Storage:
1. Enclosed Storage: In residential districts, unless otherwise specified, all storage shall be located within enclosed structures, except firewood and the temporary storage of materials for construction on the premises.
2. Outdoor Storage: Outdoor storage and maintenance yards accessory to uses in nonresidential districts which are located on a lot adjacent to a lot in a residence district, or which are visible from a public street shall be fully screened from such lots or streets, as described below:
a. A solid fence not more than six feet (6') nor less than four feet (4') in height shall be located along the inside edge of the landscape area.
b. A continuous evergreen or dense deciduous shrub hedge extending the entire length of the landscape area shall be planted two and one-half feet (21/2') from the fence described in subsection E2a of this Section. This shrub hedge shall be installed at not less than three feet (3') in height, and in accordance with the provisions of Section 10-4-8 of this Chapter.
c. Shade trees not less than three inches (3") in caliper shall be planted not less than twenty four feet (24') on center along a line located seven feet (7') from the fence described in subsection E2a of this Section, and in accordance with the provisions of Section 10-4-8 of this Chapter.
d. All surface area not planted with shrubs or trees shall be maintained as a grass lawn. (Ord. 92-1855, 12-14-1992)
e. Additional perimeter landscaping around the storage yard may be required by the Department of Code Enforcement, or, in the case of a planned development or other conditional use, by the Village Board.
f. Outdoor storage associated with garden centers and temporary uses shall not be subject to the above screening provisions, but shall be subject to screening requirements as deemed appropriate by the Department of Code Enforcement.
F. Fences, Walls And Hedges:
1. Permit Required: No person shall erect or substantially alter a fence or wall in the Village of Western Springs without having first obtained a permit issued by the Department of Code Enforcement. In the case of fences and walls which are erected on the property of another by a commercial organization or business, it shall be the obligation of that organization or business to obtain the permit. No permit shall be issued by the Village until the Department of Code Enforcement has determined that the proposed fence or wall complies with applicable regulations hereunder and with all other applicable laws and ordinances of the Village. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)
2. General Restrictions And Prohibitions:
a. No private fence, wall or hedges shall be erected or planted within the right of way of any public street, highway, parkway or alley. However, in the "A", R-1, R-2 or R-3 Residential District, fences and hedges or other plantings may be constructed or planted up to the edge of the resident's side of any sidewalks. Where no sidewalk exists, plantings may be placed up to the curb of the street but no such planting shall interfere with, obstruct the view of, or create a safety hazard of any motor vehicle being driven, whether on private property or on a public street. All improvements made by residents shall be maintained by the resident and the Village shall have the right to require the removal of any fence or hedge on a public right of way at no cost to the Village.
b. No fence or wall shall be maintained or erected if it is constructed with any material which is likely to inflict bodily harm should a person or animal come in contact with the fence or wall. Materials covered by this prohibition include, sharp or ragged metal spikes or spears. Barbed wire may be used only as expressly authorized below.
c. No wall which interrupts, impedes or otherwise alters the natural flow of water shall be erected in any residential district.
d. No barbed wire or barbed wire fences shall be erected in the "A", R-1, R-2, R-3 or R-4 Residential District.
e. All fences and walls shall be erected in conformity with the wind and stress resistance requirements of the building codes, ordinances and laws of the Village.
f. All fences shall be erected so that their finished side faces out, and the unfinished side faces the property of the person who has caused said fence to be erected.
g. All fences, walls and hedges shall be maintained in good, structurally sound repair, and in neat, clean and attractive condition.
h. All hedges shall be planted and maintained so that the hedge will not overhang or interfere with the use of a public way such as a sidewalk, alley or street.
i. No person shall plant, construct or maintain upon any land or premises within the Village, any hedge, wall, fence, or other structure or object which will interfere with, obstruct the view of or create a safety hazard for any motor vehicle being driven, whether on private property or on a public street.
j. The restrictions applicable to residence districts shall also apply to the "O" Limited Office District in all cases.
3. Height Restrictions:
a. Fences And Walls:
(1) Front Yards: No fence or wall which exceeds forty two inches (42") in height above ground level shall be erected in the front or corner side yards of any residential structure in the "A", R-1, R-2, R-3 and R-4 Residential Districts. (Ord. 92-1855, 12-14-1992)
(2) Side And Rear Yards: No fence or wall which exceeds seventy two inches (72") in height above ground level shall be erected in side yards or in rear yards of any residential structure in the A, R1, R2, R3 and R4 residential districts. Fences which are located in side and rear yards which abut business districts may reach height not to exceed ninety six inches (96") above ground level. Fences and walls which are located in the rear yards of reversed corner lots which abut the public right of way and/or the front yard of an adjoining lot shall not exceed forty two inches (42") in height. (Ord. 93-1868, 6-28-1993)
(3) Business Districts: No fence which exceeds ninety six inches (96") in height above ground level shall be erected on premises in business districts. The use of barbed wire is prohibited except that the top twelve inches (12") of any fence along the side or rear lot line in these districts may be constructed of barbed wire, provided that such may not be erected on fences fronting on any street, or on any lot line adjacent to or abutting residential property. (Ord. 92-1855, 12-14-1992)
(4) Installation: Decorative fence posts or finials may extend up to a maximum of seven inches (7") above the allowable fence height of a particular yard or district. No portion of installed fence sheeting may exceed allowable heights - forty two inches (42"), seventy two inches (72") and ninety six inches (96") respectively. Fence sheeting may be set up to six inches (6") above grade or at the lowest height possible in order to prevent the obstruction of existing drainage flow and/or maintain a level appearance. (Ord. 95-1952, 9-25-1995)
b. Hedges, Front Yard: No hedge which exceeds forty two inches (42") in height above ground level shall be planted or maintained in the front or corner side yard of any residential structure in the A, R1, R2, R3 and R4 residential districts.
4. Exemptions: Fences, walls and hedges legally in existence at the time of adoption hereof which are not in violation of subsection F2b, F2g or F2i of this section, and which do not present a safety hazard to pedestrian or vehicular traffic, and which do not prevent accessibility by emergency vehicles, but which violate other provisions of this subsection F may continue to be maintained and to exist, but may not be replaced if fifty percent (50%) or more of the fence, wall or hedge is either destroyed or removed if the replacement would continue the existence of a violation of these regulations.
5. Nonconforming Fences, Walls And Hedges: Nonconforming fences, walls and hedges not exempted above, shall be subject to repair or removal. If, following inspection by the director of code enforcement, any fence, wall or hedge in said director's determination does not meet the requirements herein, the director shall order the owner or occupier of the premises to make the necessary repairs, improvements or to remove the fence, wall or hedge. A reasonable period of time shall be provided to make the repairs, based upon the nature, extent and cost of such repairs, improvements or removals. Should the aforesaid owner or occupant fail to make the requested repairs, improvements or removal within the time provided, said owner or occupier shall be in violation of these regulations, and the village shall be authorized to undertake the necessary repairs, improvements or removal at the expense of said owner or occupier. (Ord. 92-1855, 12-14-1992)
G. Heating, Ventilation, Air Conditioning, Swimming Pool Equipment, And Generators:
1. Yard Restrictions: After the effective date hereof, no new heating and ventilation equipment, swimming pool pumping and filtering equipment and air conditioning equipment, other than an individual window unit, shall be located in a required front, interior side or corner side yard.
Existing condenser units currently located in required yards may be replaced in the same location. At the time of replacement, such replacement units located in required yards must comply with the screening requirements contained in subsection G2 of this section.
2. Screening Required: Any heating, ventilation, generator, swimming pool pumping and filtering equipment and air conditioning equipment, other than an individual window unit, which can be seen from the street shall be screened to its full height from the view of the street and abutting properties by a solid fence and/or evergreen vegetation.
3. Generators:
a. Location: On residential lots, generators if not located within the principal structure shall be located in the rear and side yard only. Said generators shall also be anchored to a concrete pad or prefabricated pad at least five feet (5') from any side and rear yard property line. Generator units exceeding three feet (3') in height may only be located in the rear yard and must be fully screened with a solid fence or densely planted evergreens.
b. Noise: Generators shall be equipped with critical grade silencers (exhaust systems) and enclosed in a sound attenuating enclosure. Additional sound attenuation devices may be appropriate in order to comply with IEPA noise pollution requirements. Noise emitted from generators shall not exceed seventy (70) decibels when measured at a distance of twenty three feet (23').
c. Type Permitted: All new generators shall be fueled by natural gas. Liquid fueled generators and any portable generators shall be operated in accordance with these regulations, but shall not be permanently installed outside or inside a residence in order to be utilized on a permanent basis.
d. Size: Generators shall not exceed seven feet (7') in length, four feet (4') in width, and four feet (4') in height.
e. Exhaust: Modifications to the manufacturer installed exhaust system are prohibited.
f. Regulation Of Generator Testing Times: Automatic testing of generators shall be limited to weekdays between the hours of ten o'clock (10:00) A.M. and two o'clock (2:00) P.M. Manual testing of generators is permitted only between seven thirty o'clock (7:30) A.M. and eight o'clock (8:00) P.M. on Mondays through Fridays, and between nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. on Saturdays, and between twelve o'clock (12:00) noon and four o'clock (4:00) P.M. on Sundays.
g. Color: All generators shall be neutral in color, unless painted to match the primary exterior color of the residence. (Ord. 12-2696, 11-5-2012)
H. Outdoor Business Activities; Vending Machines:
1. Except as otherwise provided in this ordinance, all business operations shall be conducted within a completely enclosed building, except for the following accessory uses:
a. The loading and unloading of vehicles necessary for the transaction of business;
b. The maintenance of parking areas for use by employees and customers;
c. The display, but not the sale, of plants or flowers in durable containers, or fresh fruits or vegetables, provided that the display is located within fifteen feet (15') of the principal building and is not located on public property or a public right of way, and does not occupy or interfere with the use of required parking spaces and aisles. However, in the case of legally existing garden centers, the outdoor sales of plants and garden supplies, outdoor sales shall be permitted;
d. Racks for the orderly display of cans of engine oil may be located on or at the ends of each pump island. Also, two (2) tire racks (not more than 8 feet in length, 6 feet in height and 5 feet in depth) for the purpose of displaying new tire casings shall be permitted for each gasoline or tire service station. Such racks shall comply with all setback and yard requirements. Such racks shall only advertise the product(s) contained thereon. (Ord. 92-1855, 12-14-1992)
2. In no event shall a vending machine, except for newspaper dispensing devices, be located outside of the principal building. (Ord. 92-1855, 12-14-1992; amd. Ord. 05-2341, 3-21-2005, eff. 6-1-2005)
I. Outdoor Residential Recreational Facilities:
1. Permit Required: Outdoor residential recreational facilities shall not be built, installed or modified without first obtaining a building permit. Applications for such permits shall be obtained from the department of code enforcement and shall be issued according to the provisions of this subsection. The plan review deposit and permit fee for such a permit shall be according to the fee schedule set forth in title 9, chapter 1, article A of the village code. The plan review deposit and permit fee shall be used to satisfy the costs and fees associated with the village's consideration of and processing of the application and review of the design plans, including any consultant fees retained by the village (village engineer, village attorney, surveyor, etc.). The applicant remains obligated to pay the balance of the total actual fees and costs incurred by the village whether or not the application is approved.
2. Submission Of Plans; Drainage, Lighting, Landscaping And Fencing:
a. Submission Of Plans: Design plans for the building, installation or modification of an outdoor residential recreational facility shall be submitted to the department of code enforcement with a completed application form signed by the owner of the lot on which the facility is to be built and the required plan review deposit and permit fee payment. The design plans shall include a topographical plat of survey showing the proposed location of the facility and all related improvements on the lot, the dimensions of the facility, the type, length and height of the landscaping and fencing to be installed at the perimeter of the facility, the specifications and proposed location of the lighting fixtures, the specifications and proposed location of the proposed drainage structures that serve the facility, the direction of the surface water runoff from the facility and any additional, relevant information required by the village engineer. The issuance of a building permit for an outdoor residential recreational facility is subject to a review of the design plans and final approval of said plans by the village's chief code enforcement officer and the village engineer.
b. Drainage Requirements: The design plans for an outdoor residential recreational facility shall conform to the requirements of the village's floodplain and storm water management ordinance set forth at section 10-11-1 of this ordinance, as amended.
c. Lighting Requirements: Lighting fixtures associated with an outdoor residential recreational facility shall be designed, arranged, installed and operated in accordance with the general illumination standards set forth in the municipal code.
d. Landscaping And Fencing Requirements: Outdoor residential recreational facilities accessory to any dwelling located in any single-family residential district shall be buffered and screened by a perimeter landscaped open space that is at least ten feet (10.00') in width, and consisting of a six foot (6.00') high solid fence or wall or a densely planted hedge of not less than six feet (6') in height in combination with other landscaping materials that conform to the landscaping and fencing regulations set forth in section 10-4-9 of this chapter and title 9, chapter 12 of the village code. Such screening shall be provided on all sides of such facility visible from any public or private street or any adjoining property, except for the side that is adjacent to or nearest to the driveway of the applicant.
3. General Restrictions And Prohibitions:
a. Use: Outdoor residential recreational facilities shall be limited to use by the occupants of the principal single-family residential use and their guests. These facilities shall not be used for commercial or business purposes nor as a game site or a practice site for organized teams or leagues. Outdoor residential recreational facilities shall not be used to store or park motor vehicles, boats or other types of recreational vehicles.
b. Location: Outdoor residential recreational facilities are accessory to the principal single-family residential structure on a lot and shall be built only in the allowable buildable area of a rear yard on a lot located in a single-family residential district. These facilities shall not be built or installed within ten feet (10.00') of any lot lines. Any required perimeter landscaping or fencing may be installed within the ten foot (10.00') setback area adjacent to the residential recreational facility, subject to the applicable provisions of the landscaping and fencing regulations set forth in section 10-4-9 of this chapter and title 9, chapter 12 of the village code. No outdoor residential recreational facility shall be built, installed or maintained on an unimproved lot located in a single-family residential district. For purposes of this section, the term "unimproved lot" means a lot that is not improved with a single-family residence. An application for the construction of such a facility on an unimproved lot may be submitted to the village but a building permit shall not be issued until the following two (2) conditions are first satisfied: 1) the unimproved lot must be adjacent to and abut one of the side lot lines of a lot owned by the applicant, which is improved with a principal single-family residential structure, and 2) the applicant must consolidate the unimproved lot into his or her adjacent lot. For purposes of this section, the term "side lot line" does not include the "rear lot line" or the "front lot line" of a lot as those terms are defined in section 10-2-2 of this ordinance. No outdoor residential recreational facility shall be built or installed on a "through lot", or any portion thereof, as that term is defined in section 10-2-2 of this ordinance.
c. Lot Coverage: The maximum percentage of total lot coverage for a residential lot that is improved with a principal single-family residential structure, an outdoor residential recreational facility and any other impervious surfaces, as defined in the term “Lot Coverage” at section 10-2-2 (Definitions) of this code. (Ord. 03-2227, 2-24-2003; amd. Ord. 21-3047, 6-28-2021)
Notes
| 1 | 1. Ord. 95-1928 passed January 23, 1995. |