§ 46-14. Use regulations.
Only the following uses and their essential services may be allowed in any district:
(1)
Permitted uses. Permitted uses shall be those specified for a district.
(2)
Accessory uses and structures. Those uses and structures specified in this subsection are permitted in the rear yard in any residential district and in the side and rear yards in any business, industrial, quarrying/extractive, institutional or park district, but not until their principal structure is present or under construction. Accessory uses and structures shall comply with the provisions of section 46-926(b)(5) and shall not exceed 15 feet in height, unless section 46-926(a) applies. Accessory structures allowed in floodplains are limited to those permitted in accordance with divisions 3 and 4 of article X.
(3)
Conditional uses. Conditional uses and their accessory uses are considered as special uses requiring review, public hearing and approval by the village board in accordance with article IV of this chapter. When a use is classified as a conditional use at the date of adoption of the ordinance from which this chapter is derived, it shall be considered a legal use without further action of the village board. Changes to or substitution of conditional uses shall be subject to review and approval by the village board in accordance with article IV of this chapter.
(4)
Permitted uses not specified in this chapter. Permitted uses not specified in this chapter and which are found by the plan commission to be similar in character to permitted uses allowed in the district, may be permitted in the district.
(5)
Conditional uses not specified in this chapter. Conditional uses not specified in this chapter and which are found by the plan commission to be similar in character to conditional uses that may be allowed in the district, may be permitted by the village board after review, public hearing, and approval in accordance with article IV of this chapter.
(6)
Temporary uses. Temporary uses may be allowed provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses. A plan of operation for such uses shall be submitted for review and approval by the plan commission. Conditions may be required by the plan commission pertaining to, but not limited to, parking, lighting, sanitary facilities, duration, and hours of operation. No temporary use shall be conducted within a street right-of-way. Compliance with all other provisions of this chapter shall be required.
(7)
Performance standards. Performance standards listed in article VI of this chapter shall be complied with by all uses in all districts.
(8)
Swimming pools.
a.
Swimming pools are a permitted accessory use in all districts.
b.
Every swimming pool, whether in-ground or aboveground, shall be subject to setback and offset requirements of the district in which such pool is to be located. A swimming pool may be erected or constructed on any lot or parcel of land without regard to minimum area or minimum width requirements of the district. No pool shall be sited closer than six feet from any building or fence other than a fence surrounding such pool and, in the event a fence is erected surrounding such pool, an unobstructed areaway of not less than four feet shall be provided between the pool and such fence.
c.
Except as provided in this subsection (8), every swimming pool, whether before or after erected, shall be completely enclosed before filling the pool, by a secure fence or wall not less than four feet above ground elevation. Such fence or wall shall be provided with a self-closing and self-latching gate or door with the latch located at the top of the gate or door or made inaccessible to small children in any other manner approved by the building inspector. No such fence or wall shall be required in the case of aboveground pools whose walls are perpendicular to the ground and are not less than four feet high, provided that the ladder or steps leading up to the pool is hinged at the top thereof and capable of being raised out of the reach of small children.
d.
If any swimming pool proposed to be erected, or erected after the effective date of the ordinance from which this chapter is derived, is deemed to be a nuisance, a hazard to the health, safety or general welfare or otherwise undesirable, either to the public or surrounding properties, the issuance of a building permit may be withheld. In the case of a pool in existence on the effective date of the ordinance from which this chapter is derived, the building inspector may order its removal or proper renovation, with the right of the owner to appeal such decision to the board of zoning appeals.
e.
All electrical connections to any swimming pool shall be properly grounded so that no electrical current can be discharged into any part of such pool or surrounding fence. No electric wires or other electrical conductor shall be strung over any swimming pool. All wiring methods shall conform to the state electrical code.
f.
No direct connections shall be made from the pool to water service lines, sanitary sewer or storm sewer lines. All hose bibs or other plumbing fixtures used to provide filling water to the pool are to be equipped with vacuum breakers. Drainage of such pool shall not cause detriment of lands of surrounding property owners.
(9)
Ground-mounted and building-mounted earth station dish antennas. Ground-mounted and building-mounted earth station dish antennas are permitted as accessory uses, provided that all applicable requirements of this chapter are met.
a.
Earth station dish antennas shall be constructed and anchored in such a manner to withstand winds of not less than 80 mph, and such installations shall be constructed of noncombustible and corrosive resistant materials.
b.
Earth station dish antennas shall be filtered and/or shielded so as to prevent the emission or reflection of electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. If harmful interference is caused subsequent to its installation, the owner of the dish antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
c.
Earth station dish antennas shall comply with the height provision in section 46-926(a).
d.
Earth station dish antennas shall also comply with the applicable yard provisions in section 46-926(b).
e.
Not more than one earth station dish antenna shall be permitted on a lot or parcel in a residential zoning district.
f.
Except in business, industrial and quarrying/extractive districts, earth station dish antennas shall be located and designed to reduce their visual impact on surrounding properties.
(10)
Fences.
a.
Permit required.
1.
No person shall erect or construct any fence on any property within the village without having first obtained a building permit for such fence from the building inspector and having paid the fee prescribed by ordinance.
2.
Upon the destruction of any fence, or deterioration from the elements, or otherwise, no fence may be constructed or reconstructed in place of such destroyed or deteriorated fence without having first obtained a building permit and complying with the terms and requirements of this subsection (10).
b.
Construction standards.
1.
Generally. Fences shall be constructed in such a manner that the finished side shall face the neighboring property. Fence posts shall be on the side of the fence facing the permit applicant's property. A plat of survey shall be submitted with each building permit application showing the location of the fence with relationship to the property line. If a joint fence is to be constructed on the property line, a joint permit application shall be filed by all parties having a property interest in the fence.
2.
Residential districts. Residential fences may be permitted up to the lot line in the side and rear yards of residential districts, but shall not exceed a height of six feet, and shall not extend into the street yard. Residential fences may be solid fences. If separate fences are desired on a common lot line, then a separation of three feet between the fences must be established for future maintenance purposes.
3.
Ornamental fences. Ornamental fences may be permitted in the street yard in any district, but shall not be erected in a street right-of-way and shall not exceed a height of four feet. Ornamental fences shall not be constructed as to impede traffic visibility. If separate fences are desired on a common lot line, then a separation of three feet between the fences must be established for future maintenance programs. If such fences are less than 20 feet in total length, and are freestanding and not connected to a structure, then no fee is needed.
4.
Security fences. Security fences or screening fences may be permitted up to the property lines in all districts except residential districts, but shall not exceed ten feet in height and shall be open fences when located in the street yard. Security fences may include up to four strands of barbed wire on the top of the fence, provided that the barbed wire is at least eight feet above grade with the vertical supports for the barbed wire slanting inward away from the property line.
5.
Maintenance. Fences shall be kept and maintained in good, sound and presentable condition at all times. Fences not so maintained that become an eyesore or otherwise adversely affect property values in the neighborhood shall be removed upon order of the building inspector. The order shall provide 20 days minimum for such removal. Such orders shall be appealable to the village board.
6.
Variances. Any fence proposal at variance with the standards set forth in this subsection (8) may, upon application, be examined by the board of zoning appeals. A variance from the terms of this subsection (10) may be granted following a public hearing before the board of appeals. In making its decision on such variance, the board of appeals shall take into consideration the character or shape of the lot or parcel of land, the placement of the principal structure thereon, the elevation and functional plan, the architectural appearance, including compatibility with adjoining structures and landscaping, and the matter of a hardship caused by the proximity of commercial areas to residential areas and of heavy traffic to such premises, together with any other factors which may, in the judgment of the board of appeals, require a variance from the terms of this subsection (10). After such hearing, the board of appeals may grant or reject such variance from the terms of this subsection (8). Notice of such hearing shall be given to all adjoining property owners within a radius of 500 feet of the premises upon which such fence is proposed to be constructed.
(11)
Portable storage units. Portable storage units shall not be allowed except in compliance with this section. No portable storage unit will be allowed which obstructs the normal use of any public right-of-way, fire lane, passenger or commercial loading zone. No portable storage unit will be allowed which is not maintained in good repair and condition, free from deterioration, graffiti, rust, or other damage.
a.
Permit required. No person shall place a portable storage unit upon their property without having first obtained a building permit from the building inspector and having paid the fee prescribed by ordinance.
b.
Residential districts. In any residential district, there may be one portable storage unit per dwelling. Such portable storage unit shall be no larger than eight feet high, eight feet wide, and 16 feet long. No portable storage unit shall remain at any dwelling for more than 30 days at one time. No portable storage units shall be allowed at any dwelling in excess of 30 cumulative days in any calendar year. In residential districts, portable storage units shall be placed in an approved location by the building inspector/zoning administrator outside the applicable setbacks, using common sense and a reasonable approach.
c.
Nonresidential districts. In any nonresidential district, there may be two portable storage units per principal building. No portable storage unit shall remain at any lot in a nonresidential district for more than 30 days. No portable storage units shall be cumulatively placed on any lot in a nonresidential district in excess of 30 days in any calendar year. In nonresidential districts, portable storage units shall be placed in the rear or side yard only.
d.
Other approvals. On application, the plan commission may waive or modify the provisions of this section and allow such placement of portable storage units as it determines is reasonable and necessary to address unusual or exceptional circumstances, including casualty or natural disaster.
(12)
Home occupations and professional home offices. Home occupations and professional home offices are permitted accessory uses in any residential district, requiring an occupancy permit, provided that:
a.
The use of the residential dwelling for the home occupation or professional home office shall be clearly incidental and subordinate to its residential use and shall not occupy more than 25 percent of the area of each floor.
b.
No home occupation or professional home office shall be located or conducted in an accessory structure.
c.
No more than one full-time person, or any equivalent thereof, may be employed other than members of the family residing on the premises in such home occupation or professional home office.
d.
Retail sales shall be prohibited except for the retail sales of products or goods produced or fabricated on the premises as a result of the home occupation.
e.
No traffic, parking, noise, odor, smoke, lighting or glare generated by the home occupation or professional home office shall be greater in volume or intensity than would normally be expected in a residential neighborhood.
f.
No materials which decompose by detonation shall be allowed in conjunction with a home occupation or professional home office.
g.
No outdoor storage of equipment or product shall be permitted.
h.
The home occupation or professional home office use shall not require external alteration, involve construction features not customary in a dwelling, or be inconsistent with the character of the residential neighborhood.
i.
Home occupations or professional home offices, which comply with the conditions set forth above, may include, but are not limited to accounting, designing, canning, art and crafts, desktop publishing and other computer services, dressmaking, insurance agencies, piano teaching, telephone marketing, word processing and other similar uses.
j.
Home occupations or professional home offices shall not include auto body or engine repair, barbering, beauty shops, construction trades, nail or manicure salons, massage parlors, tattoo parlors, body-piercing parlors, dance studios, pet boarding and other similar uses, with the exception of office bookkeeping associated with such operations.
(13)
Use of trailers and similar vehicles restricted. No trailer or vehicle susceptible to use for human residence or habitation, including but not limited to motor homes, trailers, campers, recreation vehicles or boats, shall be permitted to be set up, parked or used for human residence, habitation or for any purpose other than for storage.
(Ord. No. 795-12, § 1, 2-27-2012; Ord. No. 845-18, §§ 3, 4, 1-22-2018 )