Any lot containing a principal use and principal structure may
also contain such incidental uses that are customarily affiliated
with but subordinate to the principal use or principal structure.
The determination of such uses shall be at the discretion of the Zoning
Administrator.
A.
General.
(1)
Construction of an accessory structure may not commence prior to
the approval of said structure by the Zoning Administrator.
(2)
Portable storage facilities, including shipping containers, portable
on demand storage (PODS®) containers,
store-and-move (SAM) containers, buses, heavy-duty trucks and their
bodies, semitrailers, freight containers, mobile homes, recreational
vehicles and trailers, and any other items or structures deemed by
the Zoning Administrator to be substantially the same, and which are
no longer in use for their designated purpose, are prohibited from
being used as an accessory structure.
(3)
No home occupations shall be located in or conducted in accessory
structures.
B.
Relationship to principal structure.
(1)
Accessory structures are not permissible without a principal structure.
(2)
Accessory buildings and uses shall be compatible with and incidental
to the principal use of the property.
(3)
Accessory structures shall be entirely detached from the principal
structure.
(4)
Decks, porches, gazebos, pergolas, and similar such structures as
determined by the Zoning Administrator shall be considered part of
the principal structure when determined by the Building Inspector
to be attached to the principal structure.
(5)
Accessory structures attached to the principal structure by way of
an attached accessory structure shall not be considered part of the
principal structure for the purposes of this chapter.
(6)
Breezeways shall not constitute adequate construction to incorporate
an accessory structure into the principal structure.
(7)
The accessory use or structure for residential uses shall be subordinate
in area, extent, and purpose to the principal use or structure served.
(8)
The design and construction of any accessory building, such as garages
and storage buildings, shall be similar to or compatible with the
design and construction of the principal structure.
(9)
The storage of commercial and industrial items, materials, and vehicles
is prohibited.
(10)
The storage of materials and vehicles not owned by the owner
or occupant of the lot is prohibited.
C.
Garages.
(1)
In residential zoning districts, with the exception of multifamily
developments, not more than one detached garage shall be located on
a lot.
(2)
Garages, whether detached or attached, shall not exceed three stalls
in width.
(3)
Attached garages shall not exceed the finished living area of the
principal structure.
D.
Location.
(1)
Accessory structures shall comply with setbacks specified in the
individual zoning district within which its host parcel, lot, or property
is located.
(2)
Accessory structures are prohibited in the street yard.
(3)
Accessory structures in the R-1, R-2, and R-3 Districts shall not
occupy more than 25% of the side and rear yard area.
E.
Size and number. Unless specified differently in an approved PDD
document, accessory structures shall comply with the following regulations:
(1)
The floor area of all detached garages and accessory structures,
except transitory accessory structures, shall be counted toward the
total maximum floor area allowable for such structures in the zoning
district within which such structure(s) is located.
(2)
Two-family residential dwellings are allowed detached accessory structures
per unit, provided they meet all the requirements and the provisions
of this article.
(3)
Garages, whether detached or attached, shall not exceed three stalls
in width.
(4)
Garages, whether detached or attached, shall not exceed 1,200 square
feet.
(5)
Detached accessory structures shall not exceed 672 square feet.
A.
Intent. Temporary structures and uses are those that have the potential
to create unwanted impacts on nearby properties if allowed to develop
simply under the general requirements of this chapter. All temporary
structures and uses are required to meet certain procedural requirements
in addition to the general requirements of this chapter and the requirements
of the zoning district in which the subject property is located.
B.
General regulations for temporary structures and uses.
(1)
Portable storage facilities are prohibited, other than as specifically allowable in Subsection B(2) below.
(2)
No permit is required for temporary buildings, trailers, and equipment
necessary for construction purposes and for the temporary storage
of building materials and equipment, for a period not to exceed the
duration of such construction, provided a building permit has been
issued for a permanent structure and that such temporary structures
are not used for living purposes.
(3)
Temporary uses such as food sales, nursery and agricultural stock,
carnivals, outdoor commercial events, and other uses deemed similar
by the Zoning Administrator may be permitted in business zoning districts.
(4)
Temporary uses such as Christmas tree sales and real estate field
offices may be permitted in business zoning districts.
C.
Permit required.
(1)
No temporary structure or use shall be established, developed, altered,
constructed, moved, extended, enlarged, continued or changed without
first obtaining a temporary structure/use permit.
(2)
Temporary uses. A temporary structure/use permit is required for
all temporary uses.
(3)
Temporary structures. A temporary structure/use permit is required
for all temporary structures to be erected for a period of 15 to 180
cumulative days during a calendar year, with the following exceptions:
(a)
No permit is required for temporary structures erected for a
period of time not to exceed 14 days during a calendar year, so long
as such structures comply fully with setback requirements in the zoning
district within which said such structure(s) is located.
(b)
Any structure erected for a period of 181 or more cumulative
days during a calendar year, or 362 or more cumulative days during
any three-year period, shall comply in all respects with the requirements
for a structure other than a temporary structure in the applicable
zoning district.
D.
Application requirements. All applications for a temporary structure/use
permit shall be submitted on a form provided by the Village along
with the required application fee as established in the approved fee
schedule.
(1)
Temporary structures. The following application requirements apply
to temporary structures:
(a)
A description of the proposed structure, including all of the
following:
(b)
A site map/sketch of the subject property showing all of the
following:
[1]
Location of the proposed temporary structure.
[2]
All lot dimensions of the subject property and applicable setbacks
for the temporary structure.
[3]
The type, size, and location of all existing structures on-site
with all building dimensions shown.
[4]
Distance from proposed temporary structure to existing structures,
as applicable.
E.
Approval. Approval of a temporary structure/use permit shall be by
the Zoning Administrator following review of a complete application
and payment of the application fee.
F.
Compliance. Where a temporary structure or temporary use does not
comply with the conditions of the permit, the temporary structure/use
permit shall be revoked and the use shall be considered a violation
of this chapter.
G.
Garage, yard and similar sales. Notwithstanding any provision contained
herein to the contrary, garage sales, yard sales, or other similar
sales shall not be allowed more than twice each calendar year and
each sale shall not last more than 72 consecutive hours.
A.
General.
(1)
No street yard shall be used for open storage of registered boats,
licensed vehicles, unlicensed vehicles, or any other equipment except
for vehicular parking on driveways for a period to exceed 14 days.
(2)
All vehicles shall be parked on a hard-surfaced area in the street
yard between 11:00 p.m. and 6:00 a.m.
B.
Setbacks. All required setback shall remain open and unobstructed,
except for the following permitted obstructions:
(1)
Air-conditioning, heating, ventilation or other mechanical equipment,
located only within rear or side yards and no closer than 1/2 the
applicable setback to a side or rear property line.
(2)
Awnings, cornices, canopies, eaves, and other ornamental features,
projecting not more than three feet into a yard.
(3)
Chimneys, fire escapes, uncovered stairs, ramps and necessary landings,
and bay windows no closer than 1/2 the applicable setback to a side
or rear property line.
(4)
Fences in compliance with the requirements for fences within this
chapter.
(5)
Light fixtures, lampposts, flagpoles, and similar such structures.
(6)
Recreational playground equipment.
(7)
Walkways and steps not exceeding four feet in length.
(8)
Landscaping as not to infringe on the vision corner.
A.
Lot sizes shall comply with the required regulations of the established
district.
B.
No lot existing at the time of passage of this chapter shall be reduced
in size or area below the minimum requirements for the zoning district
in which the lot is located.
C.
No building permit shall be issued for a lot that abuts on a half
street.
D.
Each lot shall have frontage on a public street at a width satisfying
the requirements specified for each zoning district. In the case of
a condominium or planned unit development, the entire site shall be
considered one zoning lot.
A.
On a corner lot, one of the lot lines that abut the street shall
be considered a front lot line and the other shall be considered a
corner side lot line. Establishment of the front lot line shall be
based on orientation of the existing or proposed building, and the
required setbacks shall be based on establishment of the front lot
line.
B.
On a through lot, both lot lines that abut the street shall be considered
front lot lines. The required front setback shall be provided and
maintained along each front lot line.
Within the vision corner, the following clearances shall be
observed:
A.
No obstructions shall be permitted except for landscape materials
and fences as regulated by this chapter.
B.
No signs shall be permitted within the vision corner.
C.
Shrubs and other understory vegetation shall not exceed three feet
in height and shall be largely see-through, defined as no more than
10% opacity.
D.
All new trees and existing deciduous trees shall be kept free of
branches up to a height of at least eight feet above the ground or
60% of their overall height, whichever is less, so that trees located
do not create a traffic hazard. Coniferous (evergreen) trees shall
be avoided.
A.
Minimum required. No building shall be erected, structurally altered
or relocated on a lot so as to reduce the landscaped open space of
such lot to less than that hereinafter specified by the regulations
for that zoning district.
B.
How measured. Open space shall consist of all permeable, landscaped
areas that provide for the amenities and necessities of light, air,
play space, drying yard, garden, lawns, etc., but shall not include
parking areas and drives. Crop pasture and wooded land may be included
in computing such open area.
C.
Overlapping. No part of the open space provided for any building
shall be included as part of the open space required for another building,
except as hereinafter provided for planned development projects.
A.
General. The Zoning Administrator, in reviewing zoning permits, may
grant modifications to the terms of this chapter as provided herein.
B.
Height. The height limitations set forth elsewhere in this chapter
may be exceeded as follows:
(1)
Architectural projections such as spires, belfries, parapet walls,
cupolas, domes, flues and chimneys are exempt from the height limitations
of this chapter.
(2)
Chimneys; cooling towers; elevator bulkheads; fire towers; monuments;
penthouses; stacks; scenery lofts; tanks; water towers; ornamental
towers; spires; wireless, television or broadcasting towers; masts
or aerials; telephone, telegraph and power poles and lines; microwave
radio relay structures; and necessary mechanical appurtenances are
hereby excepted from the height regulations of this chapter and may
be erected in accordance with other regulations or ordinances of the
Village.
(3)
Churches, schools, hospitals, mental health facilities, and other
public and quasi-public buildings may be erected to a height not exceeding
60 feet, provided the front, side, and rear yards required in the
district in which such building is to be located are each increased
at least one foot for each foot of additional building height above
the height limit otherwise established for the district in which such
building is to be located.
(4)
Essential services are exempt from the height limitations of this
chapter.
The following requirements and regulations shall apply to all
zoning districts unless specifically stated otherwise. Determination
of potential or actual noncompliance with such regulations shall be
made by the Zoning Administrator. No use established on the effective
date of this chapter shall be so altered or modified as to conflict
with or further conflict with the performance standards established
hereafter.
A.
No activity or operation shall be established or maintained which
by reason of its nature or manner of operation will cause the emission
of noise, odor, toxic or noxious fumes, smoke, dust and particulate
matter in such concentrations as to be detrimental to or endanger
the public health, welfare, comfort, and safety, or cause injury to
property or business.
B.
Any lighting used to illuminate an off-street parking area or sign
shall be arranged so as to deflect light away from any adjoining residential
property or from the public streets. Direct or sky-reflected glare,
whether from floodlights or from high-temperature processes, such
as combustion or welding, shall not be directed into any adjoining
property.
C.
All overhead lighting shall be downward directional to minimize sky-reflected
glare and direct light away from adjoining properties.
D.
No activities involving the storage, utilization or manufacture of
materials, goods or products which could decompose by detonation shall
be permitted except such as are specifically licensed by the Village
Board.
E.
No activity or operation shall cause earth vibrations perceptible
beyond the limits of the lot upon which the operation is located.
F.
All fabrication, manufacturing, processing, or production shall be
undertaken substantially within enclosed buildings.
G.
All waste material, debris, refuse, or garbage not disposed of through
the sanitary sewerage system shall be kept in an enclosed building
or properly contained in a closed container designed for such purpose.
H.
All waste material, debris, refuse, or garbage stored in outside
refuse bins must be located behind the principal structure and screened
from view by use of an enclosed building, solid screening, or opaque
fencing material. Plastic or wooden slats through cyclone fencing
shall not be deemed sufficient.
I.
All compost piles stored outside must be located behind the principal
structure and contained within a freestanding enclosure constructed
of concrete blocks, brick, wood, woven wire, or durable plastic.
J.
All compost piles shall be maintained so as not to cause unpleasant
odors or attract animals and shall be no taller than five feet high
and be no larger in volume than 125 cubic feet.
K.
No land shall be developed and no use shall be permitted that results
in water runoff, flooding, or erosion on adjacent properties. Such
runoff shall be properly channeled into a storm drain, watercourse,
ponding area, or other public facilities.
L.
Animal boarding facilities, animal grooming facilities, animal hospitals,
and veterinary clinics or offices shall be required to be soundproofed
to ensure that the noise levels associated with the use do not interfere
with the health, welfare, and safety of adjoining properties.
M.
Any access drive for a car wash shall be at least 30 feet from any
public street intersection, measured from the interior curb line commencing
at the intersection of the street. Water from the car wash shall not
drain across any sidewalk or into a public right-of-way.
N.
Lock box system required.
(1)
Unless exempted by written order of the Chief of the Village of Denmark
Fire Department, and in order to eliminate forced entries to structures
and to avoid costly and time-consuming efforts in gaining access to
locked structures during times of emergency, the following structures
shall be equipped with a key lock box system at or near the main entrance
or at any other such location which may be required by the Fire Chief
or any other representative of the Fire Department.
(a)
All newly constructed commercial and industrial structures and
places of assembly protected by an automatic fire alarm system or
automatic suppression system or any such structure secured in a manner
that restricts access during an emergency;
(b)
All newly constructed multifamily residential structures that
have restricted access through locked doors and have a common corridor
for access to the living quarters;
(c)
All newly constructed health care facilities; and
(d)
All existing structures undertaking additions, alterations or
repairs which shall cause the same to conform with the then-current
provisions of any of the building or property maintenance codes adopted
by the Village.
(2)
All structures subject hereto shall be required to install a key
lock box system prior to the issuance of any occupancy permit which
shall then be functional at all times thereafter.
(3)
"Lock box" means a key lock box manufactured by the Knox® Company of Irvine, California, or any successor
company which manufactures a compatible system.
(4)
The owner or operator of any structure subject hereto shall, at all
times, keep a key in the lock box that will permit access to the structure.
(5)
The owner or operator of any structure hereto shall notify Fire Department
of any changes to the key lock box system.
(6)
The Fire Chief shall be authorized to implement rules and regulations
governing the use of any key lock box system.
