Carbon Hill City Zoning Code
ARTICLE IV
Residence Districts
§ 330-22 Preamble.
The regulations for Residence Districts are designed to conserve existing residential areas and to regulate the efficient use and orderly development of vacant land designated for residential uses. It is essential that areas be designated and regulations imposed for the various kinds of residential developments in order that the Village and other governing bodies can plan ahead for services, future schools, parks, streets, and utilities.
§ 330-23 Residence Districts provisions.
Unless otherwise provided in the regulation of this chapter, the following provisions shall apply to all Residence Districts:
A.
Home occupations. In all Residence Districts, any customary home occupation shall be permitted, provided:
(1)
It is conducted entirely within the dwelling or an attached or detached garage, and only by members of the family residing in the dwelling, and when such homes occupation is incidental and secondary to the use of the dwelling for dwelling purposes;
(2)
It does not require internal or external alteration, or involve construction features or use of equipment not customary in a dwelling, and not more than one-fourth of the floor area of a story (including also the cellar of the dwelling) shall be devoted to such home occupation;
(3)
There is no display or activity that will indicate from the exterior of a dwelling that it is being used for any use other than a dwelling, except one nameplate, no more than one square foot in area which contains only the name of the occupant of the dwelling and the home occupation conducted therein and is attached to the dwelling and not illuminated shall be permitted;
(4)
No mechanical equipment is used, except such as is customary used for purely domestic or household purposes;
(5)
Stock-in trade, including that which is produced on the premises, shall not require receipt or delivery of merchandise, goods, or equipment by other than by United States letter carrier mail, similar parcel delivery service, or by private passenger automobile; and
(6)
There is no activity visible or noticeable outside the dwelling between the hours of 10:00 p.m. and 7:00 a.m.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
§ 330-24 R1 Single-Family Residence District.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
The following regulations apply to uses in the R1 District:
A.
Permitted uses.
(1)
Single-family detached dwellings.
(2)
Churches, temples, or synagogues on a lot not less than two acres in area.
(3)
Farm crops.
(4)
Golf courses, regulation size, but not including par 3 golf courses, commercially operated driving ranges, or miniature golf courses; and provided that no clubhouse or accessory building shall be located less than 200 feet from a lot line.
(5)
Hospitals.
(6)
Parks, forest preserves, and recreational areas, public.
(7)
Schools, public: nonboarding, elementary, junior high, and high.
(8)
Seminaries, convents, monasteries, and similar religious institutions.
(9)
Temporary buildings for construction purposes for a period not to exceed such construction.
(10)
Accessory uses.
B.
Conditional permitted uses.
(1)
Cemeteries, including crematories and mausoleums, on a lot not less than 10 acres in area and provided no building shall be located less than 300 feet from a lot line.
(2)
Colleges, universities, and accessory uses thereto on a lot not less than 40 acres in area.
(3)
Private recreational areas or camps on a lot not less than 20 acres in area.
(4)
Public service uses, on a lot having an area and width approved by the Board of Trustees:
(5)
Railroad rights-of-way and trackage, but not including classification yards, terminal facilities, or maintenance facilities.
(6)
Schools, parochial or private, boarding or nonboarding, elementary, junior high, or high, on a lot not less than 10 acres for elementary, 20 acres for junior high, and 35 acres for high.
F.
H.
Yards. Except as may be herein otherwise required, yards shall be in accordance with the following regulations:
(1)
Front yard: not less than 50 feet.
(2)
Side yards: two side yards, each side yard shall have a width of not less than 25 feet, except on corner lots, the side yard adjoining a street shall not be less than 50 feet in width.
(3)
Rear yard: not less than 50 feet.
(4)
Yards, general: nonresidential uses. For buildings more than 25 feet in height, each side yard as required above shall be increased in width or depth by two feet for each additional one foot of building height over 25 feet.
§ 330-25 R2 Single-Family Residence District.
[Amended 11-4-2014 by Ord. No. 14-07; at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
The following regulations apply to uses in the R2 District:
A.
Permitted uses.
(1)
Single-family detached dwellings.
(2)
Churches, temples, or synagogues on a lot not less than two acres in area.
(3)
Golf courses, regulation size, but not including par 3 golf courses, commercially operated driving ranges, or miniature golf courses; and provided that no clubhouse or accessory building shall be located less than 200 feet from a lot line.
(4)
Parks, forest preserves, and recreational areas, public.
(5)
Real estate sales buildings, for a period of not more than two years.
(6)
Schools, public: nonboarding, elementary, junior high, and high.
(7)
Temporary buildings for construction purposes for a period not to exceed such construction.
(8)
Accessory uses.
E.
Building height. As in the R1 District.
F.
Ground floor area per dwelling. As in the R1 District.
H.
Yards. Except as may be herein otherwise required, yards shall be in accordance with the following regulations:
(1)
Front yard: not less than 50 feet.
(2)
Side yards. A side yard on each side of the zoning lot of not less than 10% of the lot, except where a side yard adjoins a street, the minimum width shall be not less than 30 feet.
(3)
Rear yard: not less than 30 feet.
(4)
Yards, general: nonresidential uses. For buildings more than 25 feet in height, each side yard as required above shall be increased in width or depth by two feet for each additional one foot of building height over 25 feet.
§ 330-26 R3 Single-Family Residence District.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
The following regulations apply to uses in the R3 District:
A.
Permitted uses.
(1)
Any of the permitted uses in the R2 Single-Family Residence District.
(2)
Multiple-family dwellings.
(3)
Single-family semidetached dwellings.
(4)
Single-family attached dwellings but not more than six such dwellings in addition to the two single-family semidetached dwellings shall be contained within a detached building.
(5)
Two-family detached dwellings.
C.
Lot area per dwelling.
(1)
Single-family detached dwelling: not less than 9,600 square feet.
(2)
Single-family semidetached dwelling (duplex building): not less than 5,500 square feet per dwelling unit.
(3)
Single-family semidetached dwelling having a party wall common with a single-family attached dwelling, single-family attached dwelling and multiple-family dwelling as follows:
Type of Dwelling Unit | Minimum Lot Area Per Dwelling Unit (square feet) |
|---|---|
4 bedroom and over | 4,500 |
3 bedroom | 4,000 |
2 bedroom | 3,500 |
1 bedroom and efficiency | 3,000 |
(4)
Two-family detached dwellings: not less than 11,000 square feet.
(5)
Nonresidential uses: not less than 15,000 square feet unless otherwise specified.
(6)
All residential uses permitted in this district shall be served by public or community water and sanitary sewer systems.
D.
Lot width.
(1)
Single-family detached dwelling: not less than 80 feet.
(2)
Two-family detached dwelling: not less than 80 feet.
(3)
Single-family semidetached dwelling (duplex building): not less than 70 feet and not less than 35 feet for each dwelling.
(4)
Two single-family semidetached dwellings and one single-family attached dwelling (row house building): not less than 88 feet, plus not less than 20 feet of additional lot width for each additional single-family attached dwelling in a building.
(5)
Multiple-family dwelling: not less than 100 feet.
G.
Ground floor area per dwelling. As in the R2 District.
H.
Yards. Except as may be herein otherwise required, yards shall be in accordance with the following regulations:
Dwelling Type | Front Yard (feet) | Side Yards* | Rear Yard (feet) | |
|---|---|---|---|---|
a. | Single-family detached | 25 | 10%** | 25 |
b. | Single-family semidetached | 25 | 10 feet | 40 |
c. | Single-family attached | 25 | NA | 40 |
d. | Two-family detached | 25 | 10%*** | 30 |
e. | Multiple-family | 25 | 12 feet*** | 40 |
NOTES: | |
|---|---|
* | Where a side yard adjoins a street, the minimum width shall not be less than 25 feet. |
** | A side yard on each side of the lot of not less than 10% of the lot width. |
*** | Two side yards each not less than 12 feet in depth, except for structures more than 30 feet in length, measured perpendicular to the front lot line, an interior side yard shall be increased in depth by 1/2 foot for each foot the building exceeds 30 feet in length. |
NA | Not applicable. |
I.
Spacing between structures. When two or more structures which contain single-family detached dwellings, single- family attached dwellings, single-family semidetached dwellings, or two or more multiple-family dwelling structures, or combination thereof, are on a lot or on contiguous lots comprising a unified development under the same ownership or control, the distance between the structure walls shall be as follows:
(1)
When the front wall of a structure faces the front wall or rear wall of the nearest structure, the distance between the two structure walls shall be not less than 60 feet.
(2)
When the rear wall of a structure faces the rear wall of the nearest structure, the distance between the two structure walls shall be not less than 50 feet.
(3)
When the side wall of a structure faces the front or rear wall of the nearest structure, the distance between the two structure walls shall be not less than 40 feet, except when the side wall contains more than two windows on a floor that are not from bathrooms or storage rooms, such distance between structures shall be not less than 50 feet or 60 feet if a main entrance is in such side wall.
(4)
When the side wall of a structure faces the side wall of the nearest structure, the distance between the two structure walls shall be not less than 20 feet, except when the facing side walls of either of such structures contain more than two windows on a floor that are not from bathrooms or storage rooms, such distance between the two structures shall be not less than 50 feet or 60 feet if a main entrance doorway is in such side wall.
(5)
A wall of a structure forming the end of a court shall be not less than 10 feet from the nearest wall of a structures forming the sides of the court, and a structure forming the end of the court may be attached to one or both of the structures.
§ 330-27 Care, protection and control of animals within all districts.
A.
Intent and purpose. It is the intent and purpose of this chapter to promote responsible pet ownership, to protect animals from neglect and abuse, to protect residents from annoyance, injury and property damage from animals, and to provide for education in the responsible ownership of pets. This does not apply to animals or reptiles classified as wild or exotic. If wild or exotic animals are found being kept in the Village of Carbon Hill, County of Grundy, the appropriate state officials will be notified.
B. CAT DOG EXCESSIVE OR CONTINUOUS NOISE OWNER RUNNING AT LARGE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any feline, regardless of age or sex.
Any canine, regardless of age or sex.
Creating any noise for more than 10 minutes at any time of day or night, by repeatedly barking, whining, screeching, howling, braying or any other like sounds which can be heard beyond the boundary of the property where the animal is kept. This shall include not only the noise usually made by dogs, but also any other animal.
Any person having a right of property in any animal, or any person who acts as an animals custodian, or any person who permits an animal to remain about his/her property on an ongoing basis. When a person abandons any animal such person shall be considered to be the owner of such animal for purposes of this chapter.
Roaming off the property of the owner or custodian when not under the immediate supervision and control of the owner or custodian.
C.
Number of dogs and cats limited.
(1)
The keeping of an unlimited number of dogs and cats in the Village for a considerable period of time detracts from and, in many instances, is detrimental to the healthful and comfortable life for which such areas were created. The keeping of any unlimited number of dogs and cats is, therefore, declared to be a public nuisance.
(2)
It shall be unlawful for any person or persons to keep more than three dogs or three cats within the Village, with the exception that a litter of pups or a litter of kittens, or a portion of a litter may be kept for a period of time not exceeding five months from birth.
D.
License and vaccination.
(1)
No person shall own, possess or harbor a dog or cat in the Village without having the dog or cat vaccinated against rabies and without having a license from the proper authorities. It shall be the duty of dog or cat owner to have such dog or cat inoculated with an antirabic vaccine by a licensed veterinarian every calendar year. If the vaccine is one recognized by the State Department of Agriculture as having a three-year period of immunity and the animal to be inoculated is a dog or cat of 12 months of age at the time of inoculation, the interval between inoculations may be extended to three years.
E.
Nuisance by animals prohibited. The owner of any animal shall exercise proper care and control of his/her animals to prevent them from becoming a public nuisance. Any animal doing any of the following shall be considered a public nuisance: making excessive or continuous noise, molesting passerby, biting or attacking any person without provocation, running at large, injuring or destroying the property of another, chasing vehicles on public streets or highways, leaving urine or feces on public property or on the property of another.