10-2-7: ACCESSORY BUILDINGS, STRUCTURES AND USES:
   A.   Permitted Obstructions, Yards: The following accessory buildings, structures and uses are permitted and may be obstructions in required yards as follows:
 
F
Denotes permitted obstruction in front yards and side yards abutting streets.
S
Denotes permitted obstruction in interior side yards.
R
Denotes permitted obstruction in rear yards.
 
Air conditioning equipment window units may project not more than 2 feet; central air conditioning units may project into a required yard by not more than 6 feet
F
S
R
Arbors or trellises, and where trellises are attached to the principal building they may also project into front yards, side yards and rear yards
F
S
R
Architectural entrance structures, such as gates and arches, on a lot not less than 1 acre in area or at entrance roadways into subdivisions or planned developments containing 50 or more lots
F
S
R
Awnings or canopies for residential buildings which may project not more than 3 feet into a required yard
F
S
R
Balconies, projecting by not more than 6 feet
F
S
R
Bay windows, projecting not more than 3 feet into a yard
F
S
R
Chimneys, attached, projecting not more than 24 inches into a yard
F
S
R
Eaves and gutters on principal buildings or attached accessory buildings, projecting not more than 21/2 feet into a required front and rear yard, not more than 24 inches into a required side yard
F
S
R
Fences, not to exceed the height and other restrictions specified in title 9, chapter 5 of this code
F
S
R
Fire pit/outdoor fire place - Permanent - Non-natural gas fueled fire pit/outdoor fire places shall be located at least twenty-five feet (25') from any structure.
 
 
R
Fire pit/ outdoor fire place - Permanent - Natural gas fueled fire pits/outdoor fire places shall be located at least fifteen feet (15') from any structure.
 
 
R
Flagpoles. Flagpoles shall not exceed the maximum height permitted for the principal structure on the lot in the subject zoning district.
F
S
R
Garages or carports, detached, not exceed thirty percent (30%) of the rear yard area, or 800 sq. ft. of lot coverage, whichever is less.
 
 
R
Laundry drying equipment
 
S
R
Open entrances, stoops, porches, terraces, decks, patios, when not covered and elevated less than 4 feet above grade, may project not closer than 2 feet into the side yard and 6 feet into the front yard. In the rear yard the accessory structure must be a minimum of 10-feet from any rear lot line, as well as out of any drainage, public utility, or roadway easement, whichever is greater
F
S
R
Open off street loading spaces accessory to nonresidential uses. See chapter 9 of this title
 
 
 
Ornamental light standards
F
S
R
Outdoor barbecue
 
S
R
Patios, decks and terraces, open (unroofed), elevated greater than 4 feet above the average level of the nearest property line. Such elevated open decks, patios and terraces shall project no more than 10 feet into a required yard.
 
 
R
Patios, decks, gazebos, pergolas and terraces (covered)
 
S
R
Playground equipment
 
 
R
Playhouses and open sided summerhouses not exceeding 120 square feet in footprint area. Sheds and storage buildings for garden equipment and household items as accessory to dwellings and buildings and structures customarily incidental to the pursuit of agriculture, not exceeding 120 square feet in footprint area
 
 
R
Signs and nameplates as herein regulated. See title 9, chapter 3 of this code
F
S
R
Sills, belt courses, cornices and ornamental features of the principal building, projecting not more than 18 inches into a yard or court
F
S
R
Steps, 2 feet or less above grade which are necessary to access a permitted building or for access to a zoning lot from a street or alley
F
S
R
Swimming pools, private, shall not be closer than 10 feet to any property line in the rear yard (setback includes pool, pool deck, any related equipment etc.). On corner lots, no part of the swimming pool or decking shall be closer to the nearest edge of the street right of way in the rear yard than the minimum distance required in the applicable zoning district for a corner side yard setback
 
 
R
Tennis courts, private; provided, that no tennis court shall be closer than 10 feet to any property line in the rear yard. On corner lots, no tennis court shall be closer to the nearest edge of the street right of way in the rear yard than the minimum distance required in the applicable zoning district for a corner side yard setback
 
 
R
Terraces (covered only) and patios
 
S
R
Towers, satellite dishes and antennas, in accordance with subsection B2 of this section
 
 
R
Trees, shrubs and flowers, except as prohibited on corner lots by the provisions of subsection 10-2-4D2 of this chapter
F
S
R
 
   B.   Accessory Buildings Or Structures, Including Towers And Signs:
      1.   Requirements For Buildings And Structures Other Than Towers And Signs:
         a.   Location: Unless expressly stated differently by this title, no such accessory building or structure shall be erected or altered nor moved to a location:
            (1)   Wall Distance: Within ten feet (10') of the nearest wall of the principal building unless these walls have a fire resistive rating in conformance with title 9, chapter 1 of this code. In no event shall the distance between the principal building and the accessory building be less than six feet (6') unless a variation is granted;
            (2)   Front And Side Yards: Within a required front yard, required interior side yard nor a required side yard abutting a street as set forth for each district;
            (3)   Within Rear Yard Area: Within the area of a rear yard that is nearer than three feet (3') from an interior lot line nor five feet (5') from a rear lot line; or within a required drainage, public utility, or roadway easement, whichever is greater; provided, that a roof overhang of not more than twelve inches (12") shall be allowed in either case;
            (4)   On Corner Lots: Within the area of a rear yard that is nearer than the required depth of the side yard along the lot line abutting a street as required by this title;
            (5)   On Through Lots: Within the area of a rear yard that is nearer to the rear lot line abutting a street than the distance equal to the least depth required by this title for a front yard in the district where it is located or the district across the street therefrom, whichever is the greater depth; and
            (6)   On Reversed Corner Lots: Within the area of a rear yard that is nearer to the side lot line abutting the street than the required front yard on the adjacent lot to the rear. Further, in the above instance, no such accessory building shall be located within five feet (5') of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residential district.
         b.   Maximum Size: The accumulated square footage of accessory buildings or structures shall not exceed the maximum area for the district as follows:
Zoning Districts
Maximum Lot Coverage In Required Rear Yard
Zoning Districts
Maximum Lot Coverage In Required Rear Yard
ER-1 single-family estate
30%
ER-2 single-family estate
30%
ER-3 single-family estate
30%
R-1 single-family residence
30%
R-1A single-family residence
30%
R-1B single-family residence
30%
R-2 single-family residence
30%
R-3 single-family residence
30%
R-4A single-family residence
30%
R-4B single-family residence
30%
R-5 single-family attached residence
30%
R-5 two-family attached residence
30%
R-6 single-family general residence
30%
R-6 two-family general residence
30%
 
         c.   Height: No accessory building or portion thereof shall exceed seventeen feet (17') in height unless otherwise permitted as accessory to business and limited industrial uses or to authorized special uses.
         d.   Compatible Use: Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use, and shall not include the keeping, propagation or culture of pigeons, poultry, livestock or nondomesticated animals, whether or not for profit; except, that horses for the private use of residents and their social guests are permitted in residence districts but only under the following conditions:
            (1)   Minimum Lot Area; Limitations On Number Of Horses:
               (A)   No horse shall be housed or kept overnight (sunset to sunrise) on a lot of less than eighty seven thousand (87,000) square feet in area.
               (B)   Not more than two (2) horses shall be housed or kept overnight (sunset to sunrise) on a lot of eighty seven thousand (87,000) square feet in area but less than one hundred seventy four thousand (174,000) square feet in area.
               (C)   Not more than four (4) horses shall be housed or kept overnight (sunset to sunrise) on a lot of one hundred seventy four thousand (174,000) square feet in area or more.
A foal is not considered a horse for purposes of the foregoing lot size limitations in subsections B1d(1)(A) and B1d(1)(B) of this section, but only in these two (2) subsections, until it is seven (7) months old.
All definitions of lot sizes shall be exclusive of road easements.
            (2)   Limitation Of Keeping Horses And Exercise: No horse and no corral, ring or enclosure for the containing of a horse, shall be kept, located or maintained closer than thirty five feet (35') from any lot line.
            (3)   Accessory Building And Exercise Area:
               (A)   No accessory building used for the housing, training or keeping of a horse shall be located:
   (i)   Closer than sixty feet (60') from any lot line.
   (ii)   Closer than ten feet (10') to the nearest septic field or drain field tile line.
               (B)   All accessory buildings used for the housing, training or keeping of a horse shall contain a minimum stall area of one hundred (100) square feet for each horse plus a minimum fifty (50) square feet for food and tack.
               (C)   No horse exercise ring, corral, pasture or other open area for training or keeping of horses shall be located over any septic tank or drain field tile line. All such areas shall be suitably fenced so as to contain the horse in such a manner as to protect abutting properties from trespass by the horse and to provide protection without danger or injury to the animal itself.
      2.   Towers: Towers are allowable as accessory structures if the following criteria are met:
         a.   Except as hereinafter provided in subsection B2b of this section: 1) no part of any tower shall project through a horizontal plane more than fifteen feet (15') above the maximum building height for the zoning district in which it is located; except, that if the tower is designed to extend and retract, then it may be extended temporarily beyond that maximum transmitting signals; and 2) the setback for the base of any tower in excess of six feet (6') in height above grade shall be a minimum of ten feet (10') from all property lines and any public easements; for towers between six feet (6') and thirty five feet (35') in height, the minimum setback shall increase by one foot (1') for every three feet (3') of increased tower height. All horizontal elements of the tower shall be set back a minimum of ten feet (10') from all property lines and any public easements. The setback for the base of any tower six feet (6') in height or less above grade shall meet the requirements of subsection B1 of this section.
         b.   Communications towers shall be allowed only as an accessory use to authorized utility and public service special uses. Such accessory uses shall not require an amendment of the original special use permit for the principal use. The height and setback limitations set forth in subsection B2a of this section shall not apply if the tower is located on an existing water tower or other municipal property.
         c.   All towers shall be in compliance with all adopted codes and ordinances of the village as well as any current applicable rules and regulations of the FCC and/or FAA and the "Electronic Industries Association Manual On Structural Standards For Steel Antenna Towers And Antenna Supporting Structures", document RS-222C (revision of RS-222-B), dated March 1976, or as amended.
      3.   Signs: All signs shall comply with the standards of title 9, chapter 3 of this code, unless specifically exempted in accordance with the provisions of this title.
(Ord. 2010-04-07, 4-1-2010; amd. Ord. 2015-11-34, 11-19-2015; Ord. 2022-12-14, 12-15-2022; Ord. 2023-04-07, 4-6-2023)