§ 46-926. Modifications.

(a)

Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:

(1)

An increase in building height may be granted by the village board, after a recommendation by the plan commission, for principal and accessory buildings when, in the opinion of the village board and plan commission, the increase is intended to accommodate an attractive roof or façade design that is also compatible with the general character of the neighborhood and is not detrimental to adjacent properties. However, an increase in building height for the express purpose of adding another livable or useable floor level, than would typically be realized under the standard height requirement of the basic zoning district, is prohibited except where subsection (a)(8) herein applies.

(2)

Architectural projections. Spires, steeples, belfries, parapet walls, cupolas, domes, flues, chimneys, etc., are exempt from the height limitations of this chapter.

(3)

Special structures. Elevator penthouses, gas tanks, grain elevators, observation towers, scenery lofts, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, smokestacks, etc., are exempt from the height limitations of this chapter.

(4)

Essential services. Utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter.

(5)

Communication structures. Radio and television transmission and relay towers, aerials, radio and television receiving and transmitting antennas, not including ground-mounted and building-mounted earth station dish antennas, shall not exceed a height three times their distance from the nearest lot line. Ground-mounted earth station dish antennas shall not exceed a height of 20 feet. Building-mounted earth station dish antennas shall not exceed the maximum height regulation of the district in which they are located.

(6)

Agricultural structures. Barns, silos, windmills, etc., shall not exceed in height twice their distance from the nearest lot line.

(7)

Public or semipublic facilities. Schools, churches, offices, stations, etc. may be erected to a height of 45 feet, provided that all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.

(8)

Planned unit developments. The plan commission may grant an exception to district height restrictions where a planned unit development has been utilized if the plan commission finds that such exception will not negatively impact the architectural character or integrity of the neighborhood. No exception shall be granted, however, if it will result in any building or structure exceeding 45 feet unless other provisions in this subsection 46-925(a) apply. If an exception is granted, the building and/or site shall contain "patterns" or architectural features as recommended in the adopted Hartland Village Center Revitalization Plan, including requiring the upper story(ies) to be "building step-backs"; the pitched-roof space with dormers (i.e. useable or livable floor area occupying the interior roof space); loggias or recessed balconies/porches; or any combination thereof to reduce the massiveness of such buildings.

(9)

Garages. The plan commission may, following a site plan review and an affirmative recommendation of the architectural board, grant up to a three-foot exception to district height limitations for a garage that is otherwise in compliance with the provisions of this chapter provided, however, that no garage shall exceed 18 feet in height. No exception may be granted under this section unless the plan commission first finds that:

a.

The proposed structure is in harmony with existing structures on the property and in the neighborhood; and

b.

The proposed structure is aesthetically consistent with the architectural roof features of other structures on the property and in the neighborhood.

(b)

Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows:

(1)

Uncovered stairs. Uncovered stairs, landings and fire escapes may project into any yard but not to exceed six feet and not closer than three feet to any lot line.

(2)

Architectural projections. Chimneys, flues, sills, eaves, belt courses, ornaments, etc., may project into any required yard; but such projection shall not exceed three feet.

(3)

Residential fences and hedges. Residential fences and hedges are permitted on the property lines in residential districts but shall not, in any case, exceed a height of six feet; shall not exceed a height of three feet in the street yard and shall not be closer than two feet to any public right-of-way. Required fences around swimming pools are exempt from the requirements of this subsection, provided that the requirements of subsection 46-11(6)(c) are met.

(4)

Security fences. Security fences are permitted on the property lines in all districts but shall not exceed six feet in height in residential districts and ten feet in height in nonresidential districts. Security fences shall be of an open type similar to woven wire or wrought iron fencing.

(5)

Accessory uses. Accessory uses and detached accessory structures are permitted in the rear yard only in residential districts, provided that they shall be no closer than ten feet to any structure with the exception of accessory structures in the RS-5 single-family residential district which shall be allowed to reduce their distance to that property's principal structure to five feet if all accessible areas within the accessory structure be constructed with one-hour fire rated construction, and no closer than five feet from side or rear lot line and any side or rear lot line, nor occupy more than the lesser of 20 percent of the rear yard area or 800 square feet. Accessory uses and detached accessory structures are permitted in the side and rear yards in business, industrial, quarrying/extractive, institutional and park districts, provided that they shall be no closer than ten feet to the principal structure, shall not occupy more than 50 percent of a side yard nor 75 percent of a rear yard area, and shall be no closer than three feet to a rear yard area, and shall be no closer than three feet to any side or rear lot line, nor five feet to any alley line.

(6)

Off-street parking. Off-street parking is permitted in all yards of all districts except in the front yards of single-family and two-family residence districts, but shall not be closer than three feet to a side lot line right-of-way or rear lot line.

(7)

Essential services. Utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.

(8)

Landscaping. Landscaping and vegetation are exempt from the yard requirements of this chapter.

(c)

Additions. Additions in the street yard of existing structures shall not project beyond the average of the existing street yards on the abutting lots or parcels.

(d)

Average street yards. The required street yards may be decreased in any residential or business districts to the average of the existing street yards of the abutting structures on each side, but in no case less than 15 feet in any residential district and five feet in any business district except in the B-3 central business/mixed use district.

(e)

Measuring setbacks from culs-de-sac and curved streets, curved streets and access easements. The required setback on culs-de-sac and curved streets shall be determined by measuring the required setback from the arc of the street right-of-way line resulting in a setback line parallel to the arc of the street right-of-way line. The required setback for lots containing easements for private streets and pedestrian or trail access shall be determined by measuring the required setback from the edge of such easements.

(f)

Corner lots. Structures shall provide a street yard as required by this chapter on the street that the structure faces. A second street yard shall be provided on the side of the structure abutting a second public or private street. The remaining yards shall be a side yard and a rear yard. The zoning administrator shall determine which yard is the side yard and which yard is the rear yard. The rear yard shall generally be the yard directly behind the front entrance to the structure and the side yard shall be the remaining yard. Corner lots that are also a double frontage lot, sometimes called through lots, shall provide three street yards, one on each side of the structure facing a street..

(g)

Existing substandard lots.

(1)

A lot which does not contain sufficient area to conform to the dimensional requirements of this chapter, but which is at least 50 feet wide and 6,000 square feet in area, may be used as a single-family building site, provided that the use is permitted in the zoning district, and provided that the lot is of record in the county register of deeds' office prior to the effective date of the ordinance from which this chapter is derived; and provided that the lot is in separate ownership from abutting lands.

(2)

A lot located in a nonresidential district which does not contain sufficient area to conform to the dimensional requirements of this chapter may be used as a building site provided that the use is permitted in the applicable basic use and any overlay zoning district; the lot is of record in the county register of deeds office prior to the effective date of the ordinance from which this chapter is derived; the lot is in a separate ownership from abutting lands; and that the lot contains adequate/sufficient area to accommodate the proposed use as determined by the plan commission.

(3)

If two or more substandard lots with continuous frontage have the same ownership as of the effective date of the ordinance from which this chapter is derived, the lots involved shall be considered to be an individual parcel for the purpose of this chapter.

(4)

Substandard lots granted permits under this section shall be required to meet the setback and other yard requirements of this chapter. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after a variance by the board of appeals.

(h)

Floodplain and lowland conservancy lands eligible for meeting area requirements. Where a lot is located partially within a floodplain overlay and lowland conservancy district and a minimum of 50 percent of the lot is located within any other adjoining use or zoning district, that portion of the lot in the floodplain and/or lowland conservancy district may be utilized to meet the area requirements of the adjoining use or zoning district provided sufficient area on the lot is also provided outside the floodplain or lowland conservancy area for the proposed use as determined by the plan commission.

(i)

Compliance with the Americans With Disabilities Act. Modifications to requirements of this chapter may be granted by the plan commission for the purpose of complying with the requirements of title II, "Public Services," and title III, "Public Accommodations and Commercial Facilities," of the Americans With Disabilities Act. Such compliance may require the waiving or modifications to setback requirements, parking requirements, sign requirements, and site design and landscaping requirements. Modifications granted by the plan commission shall be limited to the minimum extent necessary to make structures and uses accessible and barrier free

( Ord. No. 845-18, § 7, 1-22-2018 )