The Building Inspector, in reviewing documents
for building permits, may grant modifications to the terms of this
chapter as provided herein.
A.
Modifications in the 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
Plan Commission, the modification is intended to accommodate an attractive
roof or facade design that is also compatible with the general character
of the neighborhood and is not detrimental to adjacent properties.
However, a modification in building height for the express purpose
of adding another livable or usable floor level is prohibited.
B.
The district height limitations stipulated elsewhere
in this chapter may be exceeded, but such modification shall be in
accord with the following:
(1)
The height of architectural projections, such as spires,
steeples, belfries, parapet walls, cupolas, domes, flues, and chimneys,
may not exceed three feet above the highest point of the roof or the
maximum height defined for that zoning district.
(2)
Essential services, utilities, water towers, and electric
power and communication transmission lines are exempt from the height
limitations of this chapter.
A.
Modifications in the building setback 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
Plan Commission, the modification is intended to accommodate neighboring
setback conditions and a design that is compatible with the general
character of the neighborhood. A request for modification of building
setbacks for the express purpose of maximizing the building footprint
on the property is prohibited.
B.
The setback requirements stipulated elsewhere in this
chapter may be modified as follows:
(1)
Uncovered stairs, landings, and fire escapes may project
into any setback. Such projections shall not exceed six feet and shall
not be closer than three feet to any lot line.
(2)
Architectural projections, such as chimneys, flues,
sills, eaves, belt courses and ornaments, may project into any required
setback, but such projection shall not exceed three feet.
(3)
Average street setbacks. The required street setback
may be decreased in any residential or business districts to the average
of the existing street setbacks of the abutting structures on each
side. This modification shall only apply to those street setbacks
found in the Historic Village Center.
(4)
Landscaping, plants, and other vegetation are exempt from the setback requirements of this chapter, provided that such landscaping and vegetation do not interfere with the vision clearance triangle as set forth in § 435-39 of this chapter.
(5)
Essential services, utilities, and electric power
and communication transmission lines are exempt from the setback and
distance requirements of this chapter.
(6)
Accessory structures shall be allowed to be no closer
than five feet to the principal structure, provided that all accessible
areas within the accessory structure are separated from any part of
the principal structure by five-eighths-inch fire-rated gypsum boards
with taped joints.
C.
Certain existing lots. An existing lot of record in
an unrecorded subdivision with an average lot width of less than 120
feet may have the setback from the rear or side lot lines reduced
proportionately to the ratio between the actual lot width and 120
feet, provided that no rear or side setback shall in any case be less
than 10 feet. The exception is that rear or side setbacks for detached
accessory buildings on lots of 100 feet in width or less may be reduced
to five feet. Further reduction in rear or side setbacks of detached
accessory buildings to less than five feet must be approved by the
Plan Commission, but in no case shall the rear or side setbacks be
less than three feet.
Modifications to requirements of this chapter
may be granted by the Village Board after a recommendation from 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 modification of setback
requirements, parking requirements, sign requirements, and site design
and landscaping requirements. Modifications granted by the Village
Board shall be limited to the minimum extent necessary to make structures
and uses accessible and barrier free.
