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Bensenville City Zoning Code

CHAPTER 12

OVERLAY DISTRICTS

10-12-1: WPNOD WHITE PINES NEIGHBORHOOD OVERLAY DISTRICT:

   A.   Purpose: The WPNOD White Pines Neighborhood Overlay District is established to accommodate development in the area bounded by 3rd Avenue and Jefferson Street to the north, Church Road to the east, the Fisher Woods Forest Preserve to the south, and Illinois Route 83 to the west.
   B.   Expiration Of Standards: The standards set forth in this section shall expire on January 1, 2039.
   C.   Permitted Uses: The following uses are permitted in the WPNOD White Pines Neighborhood Overlay District:
      1.   Accessory Buildings, Structures And Uses:
         a.   Defined: A detached accessory building is a building, which is not connected to a principal building or use by a party wall or by a linkage building. A detached accessory building shall be compatible with and subordinate in the floor area and size to the principal building. A detached accessory building shall be established at the same time or after the completion of a principal building. A detached accessory building shall include but not be limited to a detached garage, detached enclosed parking space, detached gazebo, detached pool houses, detached enclosed swimming pool, detached spa, detached shed, attached stable, detached tool shed, or a detached building similar to those buildings listed above which is not the principal building of the property. A breezeway shall be considered detached and part of the detached accessory building.
         b.   Location: Except as otherwise provided a detached accessory building, structure or use shall not be located within the front, side, corner side, or rear yard setback of a zoning lot. A detached accessory building, structure, or use shall be located, erected, altered, or moved behind the front wall of the principal building which is nearest to the front lot line. When located entirely within the rear yard, a detached accessory building, structure, or use may observe the following location standards:
            (1)   Within the rear yard of a reversed corner lot, a detached accessory building, structure or use, shall be located at least thirty feet (30') from the street lot line.
            (2)   Within the rear yard of a corner lot, a detached accessory building, structure or use shall be located at least thirty feet (30') from the street line.
            (3)   A detached accessory building, structure, or use shall be located three feet (3') or more from the rear property line even if it is not located entirely within the rear yard.
            (4)   If a detached accessory building, structure, or use is located completely within the required rear yard of a lot, it shall be located three feet (3') or more from the interior side and rear lot lines.
            (5)   On residential lots of twenty thousand (20,000) square feet or less, a detached accessory building, structure, or use must be located at least three feet (3') from the interior side lot line if it is located behind the front or rear wall of the principal structure.
         c.   Height:
            (1)   On residential zoning lots of less than forty thousand (40,000) square feet, a detached accessory building, structure, or use shall not exceed fifteen feet (15') in height.
            (2)   On residential zoning lots of forty thousand (40,000) square feet or more, a detached accessory building, structure, or use shall not exceed twenty four feet (24') in height.
         d.   Horses: In addition to the allowable floor area for attached buildings, private stables for the keeping of horses are permitted subject to the standards of this section. Where horses are permitted on residential property, two hundred seventy five (275) square feet of stable space shall be permitted for each permitted horse. Stables shall be located at least one hundred fifty feet (150') from the front lot line and at least thirty feet (30') from any side or rear lot line. One horse is permitted for the first forty thousand (40,000) square feet of land area, and one additional horse is permitted for each additional twenty thousand (20,000) square feet of land area.
         e.   Home Occupations: Home occupations.
         f.   Airplane Hangar: In addition to the allowable floor area for detached buildings, where a residential property is part of an airport development, hangar space, whether attached or detached, shall contain no more than three thousand six hundred (3,600) square feet of floor area. Detached buildings containing hangar space shall not exceed thirty feet (30') in height.
         g.   Breezeways And Similar Structures: Breezeways or any detached open air, roofed or covered accessory structure shall not exceed twenty feet (20') in length. For purposes of this section the determination of the length of a detached open air, roofed, or covered accessory structure shall be the portion of the structure which is most perpendicular to the front, and rear property lines of the zoning lot. A detached open air, roofed, or covered accessory structure shall include but not be limited to a breezeway, open porch, portico, terrace, trellis, or any similar structure.
         h.   Easement: A detached accessory building shall not encroach on a drainage or utility easement without waivers from the local public or quasi-public entities or utility companies to which such easement was dedicated.
         i.   Roadside Stands: Roadside stands where all the farm products are grown or raised on said lot are permitted.
         j.   4-H Projects: 4-H projects may be permitted on a zoning lot containing forty thousand (40,000) square feet of land area or more. All buildings for a 4-H project shall be set back at least one hundred fifty feet (150') from the front lot line and at least thirty feet (30') from any side or rear lot line.
         k.   Noncommercial Radio And Television Towers And Antennas: Noncommercial radio and television towers and antennas shall comply with applicable Federal Communications Commissions (FCC) height restrictions. No portion of any tower, antenna, or support wires may be located within any required yard or closer than ten feet (10') to any lot line, whichever is greater. All yards shall be increased by one foot (1') for each additional two feet (2') by which the tower or antenna height exceeds thirty feet (30') in height. In no event shall the tower or antenna exceed one hundred feet (100') in height except by a special use permit. Noncommercial radio and television towers and antennas and accessory buildings containing hangar space shall conform to the height requirements of the Residential Zoning Districts.
         l.   Carrier And Racing Pigeon Lofts: Carrier and racing pigeon lofts where such lofts have been constructed in compliance with the County Building Code are permitted.
         m.   Storage Of Household Accessory Equipment: The storage of household accessory equipment shall be permitted in an enclosed structure.
         n.   Trails For Recreation: Trails for recreation or transportation by foot, horse, or non-motorized vehicles are permitted.
      2.   Daycare Homes: Daycare homes for no more than eight (8) children under the age of twelve (12), including the provider's own children, which do not have any outside employees are permitted.
      3.   Excavation And/Or Filling: Excavation and/or filling of any land may not occur within a floodplain and/or wetland area.
      4.   Golf Courses: Buildings for golf courses shall be located not less than one hundred feet (100') or more from any residential lot line and the course shall not be lighted for night operations.
      5.   Group Homes: Group homes.
      6.   Places Of Assembly: Places of assembly shall include private clubs, lodges, fraternal organizations, and places of worship that are located adjacent to at least one arterial roadway, use public sewer and water, and are not operated in a single-unit dwelling.
      7.   Public Land And Buildings: Public land and buildings.
      8.   Totlots: Totlots.
      9.   Single-Unit Dwellings: Single-unit dwellings.
      10.   Temporary Buildings And Uses:
         a.   Model Home/Temporary Office: A model home including a temporary office for sale or rental of units for a subdivision may be constructed as an integral part of the development site. Such model home and/or temporary office shall be permitted for a period of time not to exceed sixty (60) days after the sale of the last unit within the development site.
         b.   Temporary Construction Yard: The temporary use of land for the installation, maintenance and operation of facilities used by contractors in the construction yard, provided such facilities shall be located at least five hundred feet (500') from any off- site building used for residential purposes and provided that the period of such temporary use shall not exceed the duration of construction for the development site.
   D.   Existing Principal Buildings And Structures: Any existing principal building or accessory structure located upon the development site may be utilized for office space, storage of equipment, or storage of building supplies provided such temporary use of existing buildings shall not exceed the duration of the construction for the development site.
   E.   Permitted Encroachments: Accessory buildings, structures and uses are permitted and may encroach in the required setback yards in accordance with table 10-12-1-1, "Permitted Encroachments", of this subsection.
TABLE 10-12-1-1
PERMITTED ENCROACHMENTS
Use
Setback Or Permitted Encroachment
Front Yard
Interior Side Yard
Corner Side Yard
Rear Yard
Use
Setback Or Permitted Encroachment
Front Yard
Interior Side Yard
Corner Side Yard
Rear Yard
Air conditioning window units
May encroach 2 ft.
X
X
X
X
Arbor
3 ft. setback
X
X
X
X
Architectural entrance
5 ft. setback
X
X
X
X
Architectural feature, not to exceed 4 ft. in height
May encroach 30%
-
X
X
-
Awning
May encroach 10%
X
X
X
X
Balcony
May encroach 10%
X
-
X
X
Basketball court
10 ft. setback
-
X
X
-
Bay window
May encroach 10%
X
X
X
X
Chimney
May encroach 10%
X
X
X
X
Compressors for air conditioning units
May encroach 10%
-
X
X
-
Deck
15 ft. setback
-
-
X
-
Dog run
10 ft. setback
-
-
X
-
Driveway, detached garage, carport, and open-air parking space behind house
1 ft. setback
X
X
X
X
Driveway, side loading attached garage
1 ft. setback
X
X
X
X
Eave
May encroach 10%
X
X
X
X
Fence
3 in. setback
X
X
X
X
Firewood
3 ft. setback
-
X
X
-
Flagpole
10 ft. setback
X
X
X
X
Fountain
10 ft. setback
X
X
X
X
Gate, entrance gates not to exceed 8 ft. in height and must be at least 50% open
5 ft. setback
X
-
X
X
Gazebo
10 ft. setback
-
-
X
-
Generator
May encroach 10%
-
X
X
-
Gutter
May encroach 10%
X
X
X
X
Laundry drying equipment
10 ft. setback
-
-
X
-
Light standard
5 ft. setback
X
X
X
X
Outdoor fireplace
3 ft. setback
-
X
X
-
Patio
3 ft. setback
-
X
X
-
Pond, ornamental
10 ft. setback
X
X
X
X
Porch, open or roofed
May encroach 10%
X
-
X
X
Portico, open or roofed
May encroach 10%
X
-
X
X
Recreational equipment
10 ft. setback
-
-
X
-
Retaining wall
1 ft. setback
X
X
X
X
Sidewalk, path, or walkway
1 ft. setback
X
X
X
X
Statuary
10 ft. setback
X
X
X
X
Stoop
May encroach 30%
X
X
X
X
Sump pump and discharge pipes
3 ft. setback
X
X
X
X
Swimming pool, outdoor
10 ft. setback
-
-
X
-
Tennis court
10 ft. setback
-
-
X
-
Terrace
3 ft. setback
-
X
X
-
Trellis
3 ft. setback
X
X
X
X
Volleyball court
10 ft. setback
-
-
X
-
Well head
5 ft. setback
X
X
X
X
Wing wall, not to exceed 4 ft. in height
May encroach 30%
-
X
X
X
 
   F.   Special Uses: The following uses require approval of a special use permit in accordance with section 10-3-3, "Special Use Permit", of this title.
      Accessory housing.
      Accessory uses on a residential zoning lot, including buildings, structures, and uses, that are accessory to the principal use, building, or structure on a residential zoning lot which have been established on a residential lot for at least five (5) years but without proper building or zoning permits.
      Bed and breakfast establishments.
      Cemeteries provided all buildings shall be located not less than fifty feet (50') from any residential lot line.
      Funeral homes located adjacent to a Non-Residential Zoning District boundary line, or that has frontage on at least a minor arterial roadway. All vehicles related to the operation of a funeral home shall be parked or stored in a completely enclosed building.
      Greenhouses and nurseries on lots containing less than five (5) acres of land area, including wholesale sales of plant materials and crops, all of which are grown on the zoning lot.
      Mining, loading, and hauling of sand, gravel or other aggregate, but not including equipment, buildings, or structures for screening, crushing, working or storage excepting as may be specifically authorized for a limited period.
      Planned unit developments.
      Polo fields, fishing ponds, hunt and gun clubs, conservation clubs, archery ranges, picnic grounds, private saddle clubs, and swimming pools on lots containing a minimum of five (5) acres of land area.
      Public and private parks, playgrounds, picnic groves, play fields, and other open spaces.
      Public utility and/or service, including fully automated gas regulating stations, telephone exchanges, electric substations, railroad stations, towers and antennas, wastewater treatment plants, waterworks, reservoirs, pumping stations, filtration plants and wells, and similar uses.
      Recreational use which is the principal use of the property.
         1.   A basketball court, clubhouse, swimming pool, tennis court, or similar use shall be located on a zoning lot that is a minimum of eighty thousand (80,000) square feet of land area.
         2.   Golf courses not lit for night operation, golf courses lighted for night operation, golf learning centers, driving ranges, and miniature golf courses shall be located on a zoning lot that is a minimum of thirty (30) acres of land area. All buildings or structures associated with such uses shall be located at least fifty feet (50') from any residential property line.
      Residential care uses, including day care centers for children and adults, and day care homes for nine (9) to twelve (12) children under the age of twelve (12), including the provider's own children, or which have one or more outside employees.
      Roadside stands where less than one hundred percent (100%) of the products are grown or raised on site.
      Schools, public and private colleges, universities and other institutions of higher learning.
      Schools, public and private elementary, junior high and high schools, boarding or non-boarding.
      Separate living quarters for domestic servants employed on the premises.
      Stables and riding academies which are the principal use of the property.
   G.   Lot Area, Lot Width, And Lot Depth Requirements: Minimum lot area, lot width, and lot depth for each zoning lot shall be in accordance with table 10-12-1-2, "Lot Area, Lot Width, And Lot Depth", of this subsection.
TABLE 10-12-1-2
LOT AREA, LOT WIDTH, AND LOT DEPTH
Use
Minimum Lot Area
Minimum Lot Width
Lot Depth
Interior Lot
Corner Lot
Use
Minimum Lot Area
Minimum Lot Width
Lot Depth
Interior Lot
Corner Lot
Cemeteries
80,000 sf
125 ft.
150 ft.
100 ft.
Places of assembly, indoor recreational facilities, libraries, museums, and art galleries
100,000 sf
125 ft.
100 ft.
100 ft.
Schools
150,000 sf
125 ft.
150 ft.
100 ft.
Single-unit dwellings, with septic and water
10,000 sf
75 ft.
100 ft.
100 ft.
Single-unit dwellings, with septic and well
40,000 sf
125 ft.
150 ft.
100 ft.
Single-unit dwellings, with sewer and well
20,000 sf
100 ft.
125 ft.
100 ft.
All other uses
40,000 sf
125 ft.
150 ft.
100 ft.
 
   H.   Yard, Height, Floor Area Ratio, And Lot Coverage Requirements: Minimum yard, maximum building height, maximum floor area, and maximum lot coverage for each zoning lot shall be in accordance with table 10-12-1-3, "Yard, Height, Floor Area Ratio, And Lot Coverage", of this subsection. All yards shall provide site access and fire access.
TABLE 10-12-1-3
YARD, HEIGHT, FLOOR AREA RATIO, AND LOT COVERAGE
 
Use
Minimum Front Yard1
Minimum Interior Side Yard
Minimum Corner Side Yard
Minimum Rear Yard
Maximum Building Height2
Maximum Floor Area Ratio
Maximum Lot Coverage
Places of assembly, indoor recreational facilities, libraries, museums, and art galleries - adjacent to Residential Zoning Districts
30 ft.
40 ft.
50 ft.
50 ft.
36 ft.
0.25
50%
Schools adjacent to Non-Residential Zoning District
30 ft.
20 ft.
20 ft.
25 ft.
36 ft.
0.25
50%
Schools adjacent to Residential Zoning District
30 ft.
40 ft.
50 ft.
50 ft.
36 ft.
0.25
50%
Single-unit dwellings
30 ft.
10% of lot width not to exceed 10 ft.
30 ft.
25 ft.
36 ft.
0.35
n/a
All other uses
30 ft.
20 ft.
30 ft.
25 ft.
36 ft.
0.25
50%
 
Notes:
1.    A lot may have a front yard that is narrower than the minimum front yard if at least 50 percent of the zoning lots on 1 side of a street has a front yard that is narrower than the minimum front yard.
2.    Where a lot is 40,000 square feet or more in lot area, maximum height may be increased 1 foot for each 1 foot that the required yards are increased. The required yard increase shall be measured from the portion of the building or attached structure which exceeds the maximum height. In no case shall the height exceed 72 feet.
   I.   Parking And Loading: See chapter 8, "Off-Street Parking And Loading", of this title for off-street parking, loading, and access requirements.
   J.   Landscaping And Buffering: See chapter 9, "Landscape Standards", of this title for landscaping, buffering, and screening requirements.
   K.   Signs: See chapter 10, "Signs", of this title for signage requirements.
   L.   Definitions: Definitions for the terms in WPNOD White Pines Neighborhood Overlay District shall be referenced to the DuPage County zoning ordinance.
   M.   Building Regulations: Refer to title 9, "Building Regulations", of this Code for additional development requirements outside the purview of this section. (Ord. 6-2019, 2-26-2019)