CONTENTS

ARTICLE I
PURPOSE, TITLE AND AUTHORITY

ARTICLE II
RULES APPLYING TO THE TEXT

ARTICLE III
GENERAL REGULATIONS

ARTICLE IV
ESTABLISHMENT OF DISTRICTS

ARTICLE X
SPECIAL LAND USES

ARTICLE XI
SITE PLAN REVIEW

ARTICLE XV
AMENDMENT PROCEDURES

ARTICLE XVII
VALIDITY

ARTICLE XVIII
REPEALER

ARTICLE XIX
EFFECTIVE DATE

ARTICLE III GENERAL REGULATIONS

3.1 APPLICATION OF REGULATIONS

Except as specified in this Ordinance, no building, structure or premises shall hereafter be used or occupied, and no building, structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified. Furthermore, no lot shall be divided, no yard or setback reduced, or building height, density or lot coverage increased so as to be in violation of this Ordinance, except where such reduction or increase has been brought about by the expansion or acquisition of a public right-of-way and/or a variance has been approved by the Zoning Board of Appeals.

3.2 PRIOR BUILDING AND/OR LAND USE PERMITS

Any building and/or land use permit issued prior to the adoption of this Ordinance, shall be valid, provided it complies fully with the regulations in effect at the time of issuance of the building and/or land use permit and further provided the construction is meaningfully commenced within one year of the date of issuance of the building or zoning permit. In the event construction is not so commenced within this period, the building, structure, or use for which the permit was issued shall be required to conform to all of the provisions of this Ordinance.

3.3 PERMITTED HEIGHT AND YARD EXCEPTIONS

A. Permitted Height Exceptions. The following structural appurtenances shall be permitted to exceed the height limitations of the district within which located:

1. Ornamental appurtenances such as church spires, belfries, cupolas, domes, ornamental towers, flagpoles, and monuments.
2. Mechanical and structural appurtenances such as chimneys, water tanks, ventilators, bulkheads, amateur radio towers, television antennas, satellite dishes one meter (39 inches) or less in diameter, fire and hose towers, and cooling towers but excluding telecommunication towers.
3. Structural extensions deemed necessary for appropriate building design such as cornices or parapet walls that may extend to a maximum of five (5) feet above the height limitations for the district and shall have no openings.
4. The foregoing permitted height exceptions may be authorized only when all of the following conditions are satisfied:

a. No portion of any building or structure, permitted as an exception to a height

limitation, shall be used for human occupancy or the conduct of a business.

b. Any permitted structural exception to a height limitation shall be erected only to

such height as is necessary to accomplish the purpose it is intended to serve, and no

higher.

c. If the roof area of such structural elements that are allowed to exceed the height

limitations, exceed more than 20% of the gross roof area, they shall be considered

to be integral parts of the whole structure and shall not be eligible to exceed the

height limitations.

B. Permitted Yard Encroachments. Encroachments in required yards shall be limited to the following:

1. Paved terraces, patios, decks, uncovered porches, and ramps for the physically disabled, provided the area is unroofed, the highest elevation of the surface of the improvement does not extend more than 30 inches above the average surrounding finished grade level, and no portion of the improvement extends more than five (5) feet into the required front or rear yard. No encroachments into a required side yard are permitted.
2. Special structural elements such as cornices, eaves, gutters, sills, chimneys, belt courses, and ornamental features and similar features and roof overhangs provided they do not project more than one (1) foot into a required yard.
3. Unenclosed porches, either roofed or unroofed into required front or rear yards provided no part of the structure is closer to a rear or front lot line than eight (8) feet and, further provided, there shall be no more than one such encroachment in any one yard. No encroachments into a required side yard are permitted.
4. Enclosed and unenclosed balconies provided they project no more than five (5) feet into a front or rear yard. No encroachments into a required side yard are permitted.
5. Enclosed porches built at ground level and having solid foundations shall be considered to be an integral part of the building and shall be subject to all of the yard and area dimensional requirements established for principal buildings.
6. Open fire escapes and stairways may project into a rear yard to a maximum of five (5) feet.

3.4 TEMPORARY BUILDINGS

Temporary buildings for uses incidental to construction work, and all debris, shall be removed within fifteen (15) days following completion of the construction.

3.5 TEMPORARY DWELLINGS

No structure shall be used for living purposes that are not considered a standard dwelling as defined by this Ordinance. No garage or other accessory building, basement, trailer, partial structure or other temporary structure shall be used in whole or in part for living purposes in any district, except if approved as a special exception by the Zoning Board of Appeals. Such approval shall be subject to all of the following conditions:

A. Issuance of such temporary permit shall be for a period not to exceed twelve (12) months.

B. The permanent dwelling of the resident applicant has become uninhabitable due to damage caused by fire, wind, or other natural disaster.

C. Due to undue hardship, the applicant is unable to obtain another dwelling unit as a temporary residence.

D. Adequate provision is made for temporary public or private water supplies and sewage disposal to and from said structure.

E. The structure is constructed so as to meet the minimum requirements for the health, safety and welfare of the dwelling's occupants and the surrounding neighborhood.

3.6 MOVING OF BUILDINGS

The moving of a building to a different location, even if on the same lot, shall be considered the same as the erection of a new building and all provisions, regulations or requirements relative to the erection of a new building shall be applicable thereto.

3.7 RAZING OF BUILDINGS

No building shall be razed until the Zoning Administrator has issued a Land Use Permit. Permit issuance shall be subject to the razing of the building within a specified timeframe and compliance with all regulations pertaining to the removal of debris, the filling of excavations, and disconnections from existing utilities.

3.8 COLLECTION OR STORAGE OF RUBBISH

It shall be unlawful to store, collect, dispose of, or place building materials, refuse, junk, garbage, inoperable and/or unlicensed vehicles and trailers , lawn or garden waste, vehicle parts, dead animal carcasses, animal waste, or any such materials or substances anywhere in the Village except where specifically permitted by this Ordinance.

3.9 REQUIRED SEWER AND WATER FACILITIES

Every building hereafter erected, altered or moved upon any premises and used in whole or in part for dwellings (year-round or seasonal), recreational, business, commercial or industrial purposes, including churches, schools and other buildings in which persons customarily congregate, shall be provided with a safe and sanitary water supply system and with means for collecting and disposing of all human excreta and of all water-carried domestic, commercial, industrial and other wastes that may adversely affect the public health.

3.10 INTERSECTION VISIBILITY

On any corner lot in any district requiring front and side yards, no fence, wall, screen, hedge, sign or other structure or planting shall obstruct vision over three (3) feet high within the triangular area formed by the intersecting street right-of-way lines and a straight line intersecting them at points which are on said right-of-way lines and thirty (30') feet distant from their point of intersection. Such heights of clear vision areas shall be measured from the elevation of the street centerlines at the point of intersection. No fence, wall, screen, hedge, sign or other structure or planting shall obstruct vision from a driveway over three (3) feet high, measured above the elevation of the street centerline, within ten (10') feet of any front property line.

3.11 FENCES/HEDGES

It shall be unlawful for any person to construct a fence or hedge on a property within the Village, except in compliance with the following regulations. A Zoning Permit is not required.

A. Fences and hedges located in a front or street side yard shall be no more than four (4) feet in height, as measured vertically from the surface of the natural ground.

B. Fences located in a rear yard along the lakeside of a use shall be no more than three (3) feet in height, as measured vertically from the surface of the natural ground.

C. Fences located in a front or street side yard shall be constructed of brick, stone, wood boards, split rails, wrought iron, decorative concrete blocks, decorative chains, decorative rope, or similar material. No chain link fences shall be constructed in a front or street side yard.

D. Fences located in a rear or interior side yard shall be no more than six (6) feet in height, as measured vertically from the surface of the natural ground; provided, however, that fences and hedges located in an interior side yard shall not extend closer to the front lot line than the front of the principal building or the required front yard setback, whichever point is farther from the front lot line.

E. Fences located in a rear or interior side yard shall be constructed of brick, stone, wood boards, split rails, wrought iron, decorative concrete blocks, decorative chains, decorative rope, or similar material. Chain link fences shall be permitted in a rear or interior side yard.

F. Except as otherwise provided herein, all fences and hedges shall be located entirely on the property of the person constructing the fence or hedge.

G. The portions of all fences facing property other than the property of the fence owner or facing a road right-of-way shall be finished so that, to the extent possible by the design of the fence, the fence posts and the horizontal and/or vertical fence supports are not visible from that other property or from the road right-of-way.

3.12 SHORELINE PROTECTION REGULATIONS

No building shall be constructed within 75 feet of the ordinary high water mark of Crystal Lake. A deck or patio may protrude, at a maximum, twenty (20) feet into the rear yard along the lakeside setback for the lot, provided the deck or patio shall not exceed thirty (30) inches in height above the natural contour. A balcony may protrude, at a maximum, six (6) feet into the rear yard along the lakeside setback for the lot, provided the balcony shall not be roofed over or enclosed in any way.

3.13 KEEPING OF ANIMALS

It shall be unlawful to keep farm animals and/or wild animals, such as wolf dogs, in the Village. This provision shall not prohibit the keeping of ordinary household pets such as dogs, cats, birds, fish and small rodents or exotic pets such as such as amphibians and reptiles that are unlikely to be injurious to the health, welfare and safety of the public.

3.14 STEET CLOSURE

Whenever any road, street, alley or other public right-of-way, or railroad right-of-way, is vacated by official action of the appropriate agency or governmental body, the zoning district adjoining each side of such right-of-way shall automatically be extended to the center of such vacation, and all areas included in the vacation shall then be subject to all of the regulations of the extended districts.

3.15 KEYHOLING (Private Shoreline Access)

A. Applicability. When two (2) or more families, as defined in this Ordinance, share or have access to a shoreline parcel on navigable water, this Section shall govern such common usage and/or ownership of the shoreline parcel. The provisions herein shall apply regardless of whether access to the shoreline parcel is gained by easement, common or joint fee ownership, single fee ownership, lease, license, site condominium unit, stock, or membership in a corporation or any other means. All such common use shoreline parcels shall be approved by site plan review pursuant to Article XI, and in accordance with the following additional standards:

1. All private shoreline access parcels shall have a minimum frontage on the water of not

less than one hundred feet (100) (measured at the ordinary high water mark) and have an

area of at least 15,000 square feet. For each family in excess of two (2) having shoreline

parcel privileges, the frontage shall be increased by twenty-five (25) feet, and the area

increased by a minimum of 3,500 square feet.

2. No housing unit, temporary, permanent or for occasional use, shall be located on the

access parcel. No camping or other overnight accommodations shall be permitted on the

access parcel.

3. The site plan shall reflect provisions for all watercraft slips, moorings, boat hoists, and

other means of anchorage to be developed on the shoreline parcel. No more than two (2)

such slips, moorings, boat hoists, and other means of anchorage per one hundred feet

shall be allowed.

4. The site plan shall provide for one (1) off-street space for the parking of automobiles

for every residence having usage of the shoreline parcel.

5.The site plan shall reflect the location of all docks to be developed on the shoreline

parcel. Docks shall not exceed one (1) per one hundred feet (100') of water frontage and

shall otherwise comply with all state and federal statutes and regulations pertaining thereto.

The length of the dock shall not exceed 200 feet.

6. Boat launch facilities shall not be permitted.

7. If the shoreline parcel services twelve (12) or more families, sanitary facilities shall be

included and tied into public utilities, including public sewer and water. Utilizing natural

vegetation, all sanitary facilities shall be screened from surrounding land uses. Sanitary

facilities shall be subject to all setback requirements of the District within which located.

8. The Village Council shall have the authority to approve, disapprove, or approve with

conditions the site plan based on the following criteria:

a. The extent of contemplated injury or nuisance (including noise) to owners

of riparian, adjacent, nearby parcels.

 

b. The overall impact on the shoreline land use due to subsequent approvals

of similar projects.

9. Vegetative buffers.

a. Whenever the shoreline parcel abuts a residentially used parcel,

vegetative buffer strip of at least ten (10) feet in width shall be provided

along the property line adjacent to the residential use. However, this

vegetative buffer strip shall not block the view of the water from any

adjacent property or right-of-way or be closer than 50 feet from the

ordinary high water mark.

 

b. The vegetative buffer shall consist of plant materials that maintain their

density and screening effect throughout the calendar year, shall be at least

four (4) feet, six (6) inches in height at the time of planting, and shall be

maintained in a neat and attractive manner.

3.16 LIGHTING

The purpose of this section is to provide reasonable regulations for the location and use of outdoor lighting. Outdoor lighting is permitted in the Village as long as it is designed to be in harmony with Village's historic character.

A. Lighting requirements . Exterior lighting may be provided in parking areas and along walkways in multifamily residential and commercial developments, and in developments providing lodging. The exterior lighting provided on a site, and the type and height of lighting standards shall be determined at the time of site plan review of the principal use. Whenever exterior lighting is provided, it shall be designed and installed so that all direct rays are confined to the site and adjacent properties and the skyline are protected from glare.

B. Decorative lighting . Decorative lighting is permitted in commercial developments if adjacent properties and roadways are protected from glare.

C. Prohibited lighting. The installation or erection of any lighting that simulates, imitates or conflicts with warning signals, emergency signals or traffic signals is prohibited.

D. Height. The maximum height for a lighting fixture is twenty (20) feet.

3.16 NOXIOUS WEEDS

It shall be the duty of all owners of land within the Village to destroy weeds before they reach a seed-bearing stage and to prevent weeds from perpetuating themselves and becoming a detriment to public health. For the purpose of this Ordinance, "weeds" shall include Canada thistle (Cirsium arvense), dodders (any species of Cuscuta), mustards (charlock, black mustard and Indian mustard, species of Brassica or Sinapis), wild carrot (Daucus carota), bindweed (Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary alyssum (Berteroa incana), ragweed (ambrosia elatior 1), poison ivy (rhus toxicodendron), and poison sumac (toxicodendron vernix).

3.18 ANNEXATION

Any land that may be annexed to the Village of Beulah shall be temporarily classified as R-1 Residential District immediately upon annexation to the Village and shall remain as such until said land is officially rezoned by the Village.

3.19  LANDSCAPING

A. Applicability. For any new or expanded development, landscaping shall be installed and maintained on lots in the R-1, R-2, R-C, M-F, OC, TC, and GC zoning districts. Landscaping shall, at a minimum, meet the following requirements.

1. The required front yard, with the exception of the driveway, shall be covered in grass

and/or with some other vegetation cover.

2. There shall be at a minimum, one (1) tree for each 2,500 square feet or fraction

thereof, of lot area. All trees required by this provision shall be at a minimum of three (3)

feet high when planted. Trees shall not be pruned in such a manner to prevent growth to a

height of at least fifteen (15) feet or to reduce existing height below fifteen (15) feet except

to remove dead wood.

3. Whenever a parking lot, trash collection, outdoor storage, merchandising, or service

area lies within fifty (50) feet of any residentially zoned parcels, a planting screen of

sufficient length to interfere with the view from the adjoining district shall be required,

except where the view is blocked by a change in grade or other natural or man-made

feature. Where, because of intense shade, the planting screen cannot be expected to

thrive, a wooden fence or masonry wall may be substituted. All planting screens required

by this Ordinance shall consist of plants at least 4 feet 6 inches in height when planted, and

shall be maintained and pruned so as to provide maximum opacity from the ground to a

height of 4 feet 6 inches. Planting material that shall be used in the planting screen include:

3.20 CONTIGUOUS LOTS/COMBINATIONS REQUIRED

Where two or more contiguous lots are owned by the same person, no zoning permit shall be issued for a new or expanded structure and no excavation or construction of any kind shall be commenced thereon unless the setback requirements of the District are fully complied with for each individual lot or the applicant files a Notice of Intent to Combine form with the Village Zoning Administrator.

3.21 ANTENNAS

Antennas may be attached to existing structures, including light standards, power poles, water towers, or buildings. Antennas shall extend no higher than ten (10) feet above the structure to which they are attached. Antennas shall be grounded for protection against a direct strike by lightening and shall comply as to electrical connections and wiring and as to structural integrity with all applicable state and local building codes an the applicable standards for towers published by the Electronics Industries Association, as amended from time to time.

3.22 SOLID WASTE COLLECTION ENCLOSURES

Any solid waste container large enough to require a mechanical device to empty shall be located in an enclosure that is screened on three (3) sides by a solid wood fence or masonry wall at least as high as the container. The fourth side of the enclosure may be left open if the container has a lid that is kept locked except when waste is being deposited or removed.