SECTION 7.0500 EXCEPTIONS
7.0501 HEIGHT. The district height limitations stipulated elsewhere in this Ordinance may be exceeded, but such modification shall be in accord with the following:
A. Essential Services, such as utilities, water towers, and electric power and communication transmission lines are exempt from the height limitations of this Ordinance.
B. Communication Structures, such as radio and television transmission and relay towers, radio and television receiving and sending antennas, satellite dish antennas when mounted on the roof of a principal structure, and observation towers, shall not exceed in height, including the height of any structure upon which such antenna or tower is mounted, 3 times their distance from the nearest lot line, up to a maximum of 60 feet in residential districts, with the exception of government owned communications structures.
7.0502 YARDS. The yard requirements stipulated elsewhere in this Ordinance may be modified as follows:
A. Projections Prohibited in Setback Area. No eaves, steps, balcony, bay window, cornice, or other projection whatsoever shall extend into any yard a distance of more than 2 feet.
7.0503 SETBACKS FOR EXISTING BUILDINGS AND STRUCTURES. The setback regulations set forth in this subsection shall apply to residences, principal buildings and structures existing on or before May 1, 1995, if such buildings or structures are in compliance with the setback regulations of this subsection or were a lawful non-conforming use on May 1, 1995. In addition these regulations shall be applicable to all lots which have 70% or more of the lot located in the 100 year floodplain, as shown in the Flood Insurance Study and Flood Insurance Rate Map for the Village dated April 15, 1980, prepared by the Federal Emergency Management Agency, Federal Insurance Administration, said study and map being the Floodland Regulations Map pursuant to Section 7.0306 D of the Ordinance. (Ord. 474, 2/12/01)
A. Front Yard Setback. Every building or structure, except fences, hereafter moved or structurally altered, shall be set back from the center line of any street or highway, or any area reserved for future street or highway purposes, a distance of not less than 100 feet, except that upon lots of less than 300 feet in depth the required setback may be reduced 1 foot for each 3 feet that the lot is less than 300 feet in depth; provided, however, that in no case shall the setback be less than 40 feet plus one-half of the established width of the adjoining street or highway or area reserved for future street or highway purposes.
B. Side and Rear Yard Setbacks. Every building or structure, except fences, hereafter erected or structurally altered shall be set back a distance of not less than 20 feet from any side or rear lot line.
7.0504 ACCESSORY USE REGULATIONS. Accessory uses are permitted in any district as may be specified in the appropriate district regulations or herein. An accessory use building permit shall be required where specifically noted in this Section. Accessory uses are permitted only after their principal structure is present or under construction. The use and/or location requirements stipulated elsewhere in this Ordinance are modified for accessory uses as follows:
A. Decks located adjacent to a principal structure shall be considered to be part of the principal structure and shall be located no closer to a lot line than the setback requirements for the district in which they are located and shall require the issuance of a building permit. Freestanding decks or decks surrounding private swimming pools separated from the principal structure shall be located at least 10 feet from the principal structure and shall be regulated in the same manner as an accessory garage, tool shed, or gazebo.
B. Central air conditioning condensers, generators, and transformers are permitted without a building permit, provided that such uses shall be located no closer to a lot line than the setback requirements for the district in which they are located. Where it is determined that it is impractical to locate a central air conditioning condenser, a generator, or transformer in the rear yard, the building inspector may permit placement in the street or side yard provided that the air conditioning compressor is screened from view. Central air conditioning condensers, generators, and transformers over 4 tons shall also require a building permit.
C. Private swimming pools are permitted, upon the issuance of a building permit, provided that:
1. Equipment shall be provided for the disinfecting of all pool water. No gaseous chlorinating shall be permitted.
2. Heating units, pumps, and filter equipment shall be adequately housed and muffled in such a manner as not to create a nuisance. Such equipment shall meet the setback requirements of the district.
3. There shall be an unobstructed areaway around all pools at least 3 feet in width.
4. Private swimming pools shall meet the setback requirements of the district. No private swimming pool shall be located closer than 8 feet to other structures, with the exception of air conditioners and patios. No areaway surrounding a private swimming pool shall be located closer than 5 feet to a lot line.
D. Accessory Buildings may also include domestic employee’s quarters provided that they shall be occupied by domestic employees employed on the premises, and that such quarters shall not be rented as a separate domicile. Accessory buildings shall require a building permit and Building Board approval.
E. Private Recreational Courts. Private recreational courts with an impervious hard surface such as, but not limited to, tennis courts, volley ball courts, and basketball courts, accessory to a residential use, shall comply with all yard setback requirements. Such courts may be lit, subject to Building Board approval, provided that no such lighting shall throw rays onto adjacent property, and shall not be operated between the hours of 10:00 P.M. and 7:00 A.M.
F. Antennas. Terrestrial and satellite dish antennas are permitted as accessory uses in any district subject to the following regulations. To protect the health and safety of all citizens, as well as the aesthetic values embodied in this Ordinance, the following regulations shall apply to all terrestrial and satellite dish antennas with the exception of satellite dish antennas that are one meter or less in diameter.
1. Location. In recognition of the negative aesthetic impact satellite dish antennas may have on the architecture of a building and the overall character of a neighborhood, satellite dish antennas shall be located and designed to reduce their visual impact on surrounding properties, and the location shall be approved by the Building Board. Landscaping, fences, and architectural elements of buildings may be used for this purpose. No satellite dish antenna shall be mounted on the front of a building, unless it is fully screened in a manner compatible with the architecture of the building. All landscape screening shall be installed at the time the antenna is installed.
2. Advertising. No form of advertising or identification may be displayed on the dish or framework of any antenna other than the customary manufacturer’s identification plates.
3. Color. All satellite dish antennas shall be of a dark color, subject to the approval of the Building Board.
4. Diameter. No satellite dish antenna shall exceed 12 feet in diameter.
5. Not more than 1 terrestrial antenna tower and 1 satellite dish antenna per dwelling unit shall be permitted on a lot or parcel.
a. All freestanding terrestrial antenna towers and roof antennas shall meet the height requirements for the district in which they are located, except as provided in Section 7.0501 of this Ordinance.
b. Ground-mounted satellite dish antennas shall not exceed 15 feet in height.
a. All terrestrial antennas shall be located not less than 1 foot from a lot line for each 3 feet of height above the surrounding grade, up to a maximum of 80 feet in residential districts, with the exception of government owned structures. (See Illustration No. 3).
b. No satellite dish antennas shall be located within front, side, or rear yard setbacks. (See Illustration No. 3).
a. The installation of all antennas shall require a building permit. The property owner shall submit, to the Building Inspector, plans which indicate the appearance, proposed location, and installation method of the dish antenna.
b. All antennas shall be constructed and anchored in such a manner to withstand winds of not less than 80 miles per hour and such installations shall be constructed of noncombustible and corrosive resistant materials.
c. All antenna support structures shall be erected in accordance with manufacturer’s specifications.
d. All antennas must conform to the Village Building Code and Electrical Code regulations and requirements. Prior to the issuance of a building permit for a building mounted antenna, the applicant shall submit a plan or document prepared by a registered professional engineer which certifies that the proposed dish antenna installation is structurally sound.
9. In the event that harmful interference is caused subsequent to the installation of an antenna, the owner of the antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
10. Portable or trailer-mounted antennas are not permitted with the exception of temporary installation for on-site testing and demonstration purposes for a period not to exceed 2 days at any one location.
G. Solar Energy System. A solar energy system is a permitted accessory use in any district when the solar energy system is not greater in size or capacity than is reasonably necessary to provide the energy needs of the property that it is to be located upon. To protect the health, welfare and safety of all residents, as well as the aesthetic values embodied in the Zoning Ordinance of the Village of River Hills, the following regulations shall apply to all solar energy systems. (Ord 557, 03/09/22)
1. Permit Required. The installation of all solar energy systems shall require a building permit and must conform to the Village Building Code and Electrical Code regulations and requirements. The property owner shall submit, to the Building Inspector, plans which indicate the appearance, proposed location, and installation method of the solar energy system. The plans for a ground mounted solar energy system shall include to-scale horizontal and vertical (elevation) drawings and shall include the distance from property lines. Solar energy systems shall comply with all yard setback requirements. The Building Inspector may require a survey if necessary to determine compliance with the setback regulations.
2. Location and Screening. In recognition of the negative aesthetic impact solar energy systems may have on the architecture of a building, the overall character of a neighborhood and effect on the outlook from adjacent or neighboring properties, solar energy systems shall be located, designed and screened in a manner that reduces or eliminates their visual impact on adjacent or neighboring properties. Landscaping, fences, and architectural elements of buildings may be used for this purpose. All landscaping or other screening shall be installed at the time the solar energy system is installed and must be maintained in substantially the same manner and condition as initially installed until such time as the solar energy system is removed from the property.
3. Color/Non-reflective. The solar mounting devices or foundational parts of a solar energy system shall be of a dark color or a color that is compatible with the architecture of the existing residential or accessory structures, existing landscaping or the screening or landscaping being installed to screen the solar energy system. All solar energy systems shall be designed to be non-reflective so that no glare or redirection of sun light leaves the solar energy system unless the glare or reflection is completely screened from any adjacent or neighboring properties.
4. Building Board Approval. The solar energy system, its location and screening must be approved by the Building Board.
5. Height. Solar energy systems must meet the following height requirements:
a. Building or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district.
b. Ground-mounted solar energy systems shall not exceed 10 feet when oriented at maximum tilt. The grades where the ground-mounted system will be located shall not be changed to elevate the system higher than the existing grades on the property.
6. Construction – Installation.
a. Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way or from adjacent properties shall have the same finished pitch as the roof and be no more than ten inches above the roof.
b. Roof-mount systems on flat roofs shall not be more than five feet above the finished roof.
c. The collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated.
d. All solar energy systems and solar mounting devices shall be erected in accordance with manufacturer’s specifications.
e. Any ground mounted battery storage, converter or invertor shall be located inside a building unless located with proper screening as approved by the Building Board.
f. All electrical wires associated with the solar energy system, other than wires necessary to connect the system, grounding wires etc. shall be located underground.
g. No portable or temporary solar energy systems are permitted with the exception of temporary installation for on-site testing and demonstration purposes for a period not to exceed 2 days.
7. Utility Notification. All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. No Building or Electric Permits will be issued for a solar energy system until evidence has been given to the Building Inspector that the owner has received approval or consent from the electric utility company to install a grid-intertie solar energy system. Off-grid systems are exempt from this requirement.
8. Abandonment and Removal. When a solar energy system is no longer in operation or producing energy, the owner shall notify the Building Inspector in writing. Any solar energy system that has not operated for a continuous period of 12 months shall be considered abandoned. A solar energy system is to be removed once they are no longer in use and not a functional part of providing the intended energy and the site or building restored as necessary.
7.0505 COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT Accommodations from the requirements of this Ordinance may be granted by the Village Board of Trustees 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 accommodations may require the waiving or modifications to setback and yard requirements; parking requirements; sign requirements; and site design and landscaping requirements. Accommodations granted by the Village Board shall be limited to the minimum extent necessary to make structures and uses accessible and barrier free.