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Channahon City Zoning Code

RESIDENTIAL DISTRICTS

§ 156.055 PURPOSE.

   The residential district regulations are intended to govern the location, intensity and method of development of the residential areas of the village. The regulations of each district are designed to provide for the protection of existing residential areas and to provide for new residential growth in accord with the design and density objectives of the community. The residential uses have been grouped into the following four residential districts:
   RE-1 Rural Estate Single Family Residence District
   RE-2 Estate Single Family Residence District
   R-1 Single Family Residence District
   R-2 Single Family Residence District
   R-3 Multifamily Residence District
(Ord. 95, passed 4-5-71; Am. Ord. 1062-D, passed 9-7-99; Am. Ord. 2018, passed 7-6-20)

§ 156.056 R-1 SINGLE FAMILY RESIDENCE DISTRICT.

   (A)   Description of district. This district is the most restrictive of the residential districts and is composed of certain quiet, low-density residential areas of the village plus certain open areas where similar residential development appears likely to occur. It is the intent of this district to provide for an environment of predominantly low-density single unit dwellings plus certain additional uses such as schools, parks and certain public facilities which serve the residents living in the district. All commercial activities including room renting or other home occupations are prohibited.
   (B)   Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:
      (1)   Residential uses:
         (a)   Single-family detached dwellings.
         (b)   Small community residence, provided that the residence's sponsoring agency and/or owner must first obtain an administrative occupancy permit prior to establishing a small community residence. No dwelling unit shall be occupied by a small community residence until a certificate of occupancy has been issued by the Village Administrator.
            1.   No certificate of occupancy shall be issued for a small community residence unless:
               a.   The small community residence is located at least 1,000 feet from any other community residence, as measured from lot line to lot line; and
               b.   The applicant demonstrates that it has either obtained or is eligible for state or local licensing or certification to operate the proposed small community residence or that the proposed small community residence is licensed or certified or eligible for licensing or certification.
            2.   The Village Administrator may revoke a certificate of occupancy for a small community residence if its license or certification, or the operator/owner's license or certification to operate community residences is revoked or not issued within a reasonable period of time. An administrative certificate of occupancy is not transferable to another operator/owner or to another location.
      (2)   Public, quasi-public, and governmental buildings and facilities, such as but not limited to:
         (a)   Public parks, public playgrounds, public golf courses and public community center buildings.
         (b)   Public and parochial schools.
         (c)   Public libraries, in conjunction with schools.
         (d)   Parish houses and convents, in conjunction with schools.
         (e)   Essential services - gas regulator stations, telephone exchanges, electric substations.
   (C)   Special uses permitted. The following uses shall be permitted only if specifically authorized by the Planning and Zoning Commission as allowed in §§ 156.190 through 156.203.
      (1)   Similar and compatible uses to those allowed as permitted uses in this district.
      (2)   Churches and other places of worship, provided that the property for the use fronts on a primary or secondary thoroughfare so designated in the comprehensive plan.
      (3)   Country clubs, tennis clubs, swimming pools, and similar recreational uses.
      (4)   Planned unit developments.
      (5)   Small community residences located within 1,000 feet of another community residence, as measured from lot line to lot line.
      (6)   Large community residences.
   (D)   Temporary permit uses permitted. The following uses may be operated as temporary uses, provided compliance with § 156.201:
      (1)   Temporary building or yard for construction materials and/or equipment, both incidental and necessary to construction of a permitted or special use on the property or within the same development project. Each permit shall specify the location of the building or yard and the area of
permitted operation. Each such permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive periods at the same location.
      (2)   Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each such permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location.
      (3)   Real estate subdivision sign not to exceed 100 square feet for each face. Sign shall be nonilluminated. Each permit shall specify the location of the sign. Each such permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location.
      (4)   Trailer, to be used during the construction of a residence by the trailer owner and not to exceed one year.
   (E)   Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditional permitted use may be permitted, provided that they are in accordance with § 156.023, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include, but are not limited to:
      (1)   Carports, or other parking spaces for the exclusive use of residents or occupants of the premises.
      (2)   Living quarters for persons employed on the premises and not rented or otherwise used as a separate dwelling.
      (3)   Swimming pools exclusively for the use of the residents and their guests and set back from every property line at least ten feet.
      (4)   Real estate signs not exceeding 12 square feet for each face and set back from every property line at least ten feet.
      (5)   Gardening (the raising of vegetables and fruits) and keeping of household pets exclusively for the use or personal enjoyment of residents of the premises and not for commercial purposes.
      (6)   Home occupations.
      (7)   One shed or accessory storage building not to exceed 180 square feet in size and no more than 15 feet in height. All sheds or accessory storage buildings must be of the same or similar building material and color of the principal building.
   (F)   Prohibited uses. All uses not expressly authorized in divisions (B), (C), (D) and (E) of this section, including but not limited to:
      (1)   Mobile homes.
      (2)   Hotels and motels.
      (3)   Commercial uses.
      (4)   Industrial uses.
      (5)   Signs and billboards.
      (7)   Roomers and boarders.
      (8)   Air-inflated and air-supported structures, excluding temporary inflatable playground structures.
      (9)   Sexually oriented businesses, as defined in Chapter 115.
      (10)   Detached garages.
   (G)   Site and structure requirements.
      (1)   Minimum lot area.
         (a)   Where a private sewerage disposal system with private well water supply are utilized, separate minimum ground area in accordance with the ordinances and regulations of the County Health Department in effect from time to time, but in no event less than 15,000 square feet, shall be designated, provided and continuously maintained for each residential lot used for a permitted or special use.
         (b)   Where central public water supply together with either private sewerage disposal system or central public disposal system is utilized, a separate minimum ground area in accordance with the ordinances and regulations of the County Health Department in effect from time to time, but in no event less than 12,000 square feet, shall be designated provided and continuously maintained for each residential lot used for a permitted or special use, provided that in any subdivision there shall not be less than 13,000 square feet.
      (2)   Minimum lot width. A minimum lot width in accordance with the ordinances and regulations of the County Health Department in effect from time to time but in no event less than 100 feet where private sewerage disposal system with private well water supply are utilized, nor 80 feet where central public water supply together with either private sewerage disposal system or central public sewerage disposal system is utilized, shall be provided for each lot used for a permitted or special use.
      (3)   Front yard. All structures shall be set back at least 30 feet from the front line.
      (4)   Side yard. All structures shall be set in from the side lot line a distance of not less than ten feet on each side.
      (5)   Rear yard. All structures shall be set in a distance of not less than ten feet from the rear lot line.
      (6)   Maximum height. No principal structure shall exceed 2-1/2 stories or 35 feet in height, and no accessory structure shall exceed one story or 15 feet in height, except as provided in § 156.022.
      (7)   Floor area ratio. Not to exceed .3.
      (8)   Minimum size of dwelling. Each single-family detached dwelling and any other structure occupied in whole or in part for residential purposes shall contain at least 1,200 square feet of liveable floor area, exclusive of basement or garage space.
      (9)   Adjoining lots.
         (a)   In the instance whereby two adjacent and contiguous single family zoned lots are under single ownership, it is permissible to construct a principal structure over the interior lot line of the two lots, while conforming to all other village ordinances to include, but not be limited to, the remaining front, side and rear setbacks for all other lot lines. Lot improvements must also conform to approved engineering design standards to include, but not limited to, drainage and grading design. Prior to the issuance of a building permit, the following conditions must be met:
            1.   Any applicable easement grantee must vacate all easements that may exist over the interior lot line; and
            2.   The owner must consolidate the Property Index Numbers through the respective county or township.
         (b)   Both lots must remain in single continuous ownership and may not be divided or conveyed in parts as long as the principal structure remains intact. On behalf of the village, the Village Administrator is authorized to vacate any village easements that are not required for overall site utility or drainage purposes.
   (H)   Special provisions.
      (1)   Parking requirements.
         (a)   Every detached single-family dwelling unit shall include a two-car attached garage.
         (b)   Any additional requirements in accordance with the applicable regulations set forth in §§ 156.150 through 156.151.
      (2)   Sign requirements. In accordance with the applicable regulations set forth in §§ 156.160 through 156.179.
      (3)   Trucks. Parking of trucks on residential properties in accordance with the applicable regulations set forth in § 156.033.
      (4)   Recreational vehicles. In accordance with the applicable regulations set forth in § 156.034.
      (5)   Tents. Tents shall not be erected, used, or maintained on any lot, except such small tentsthat are customarily used for temporary recreational purposes.
      (6)   Driveways. The construction of all driveways shall be in accordance with § 154.52 of this code.
      (7)   Ancillary buildings, structures or uses subject to § 156.031.
      (8)   Raising and maintaining hens is a permitted use subject to the applicable regulations of § 156.035 and licensing requirements of Chapter 99.
(Ord. 95, passed 4-5-71; Am. Ord. 116, passed 5-7-73; Am. Ord. 173, passed 1-24-78; Am. Ord. 419, passed 10-6-86; Am. Ord. 439, passed 12-7-87; Am. Ord. 632, passed 1-7-91; Am. Ord. 779, passed 12-6-93; Am. Ord. 819, passed 10-3-94; Am. Ord. 856, passed 7-17-95; Am. Ord. 970, passed 2-16-98; Am. Ord. 1501, passed 8-20-07; Am. Ord. 1532, passed 4-7-08; Am. Ord. 1570, passed 1-19-09; Am. Ord. 1699, passed 7-2-12; Am. Ord. 1742, passed 5-6-13; Am. Ord. 1906, passed 11-6-17; Am. Ord. 2018, passed 7-6-20)
Cross-reference:
   Backyard chicken licensing, see Ch. 99

§ 156.057 R-2 SINGLE FAMILY RESIDENCE DISTRICT.

   (A)   Description of district. This district provides for the protection of certain older area of the community developed principally for single-family uses. The purpose of this district is to stabilize and preserve the residential character of existing areas. Uses permitted in the R-2 district are the same as those permitted in the R-1 district, but bulk regulations permit higher densities in conformity with existing conditions.
   (B)   Uses permitted. No land shall be used or occupied and no building, structure, or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:
      (1)   Residential uses.
         (a)   Single-family detached dwellings.
         (b)   Small community residence, provided that the residence's sponsoring agency and/or owner must first obtain an administrative occupancy permit prior to establishing a small community residence. No dwelling unit shall be occupied by a small community residence until a certificate of occupancy has been issued by the Village Administrator.
            1.   No certificate of occupancy shall be issued for a small community residence unless:
               a.   The small community residence is located at least 1,000 feet from any other community residence, as measured from lot line to lot line; and
               b.   The applicant demonstrates that it has either obtained or is eligible for state or local licensing or certification to operate the proposed small community residence or that the proposed small community residence is licensed or certified or eligible for licensing or certification.
            2.   The Village Administrator may revoke a certificate of occupancy for a small community residence if its license or certification, or the operator/owner's license or certification to operate community residences is revoked or not issued within a reasonable period of time. An administrative certificate of occupancy is not transferable to another operator/owner or to another location.
      (2)   Public, quasi-public and governmental buildings and facilities, such as but not limited to public, quasi-public and governmental buildings permitted in the R-1 District.
   (C)   Special uses permitted. The following uses shall be permitted only if specifically authorized by the Zoning Board of Appeals as allowed in §§ 156.190 through 156.203.
      (1)   Similar and compatible uses to those allowed as permitted uses in this district.
      (2)   Special uses permitted in the R-1 district.
      (3)   Small community residences located within 1,000 feet of another community residence, as measured from lot line to lot line.
      (4)   Large community residences.
   (D)   Temporary permit uses permitted. Upon application to the Planning and Zoning Commission, review and recommendation by the Planning and Zoning Commission, and issuance by the Village Board of a permit therefor, the following uses may be operated as temporary uses:
      (1)   Temporary permit uses permitted in the R-1 district.
   (E)   Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditional permitted use may be permitted, provided that they are in accordance with § 156.023, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include, but are not limited to:
      (1)   Accessory uses permitted in the R-1 district.
      (2)   Detached garages.
   (F)   Prohibited uses. All uses not expressly authorized in divisions (B), (C), (D) and (E) of this section, including but not limited to:
      (1)   Mobile homes.
      (2)   Hotels and motels.
      (3)   Commercial uses.
      (4)   Industrial uses.
      (5)   Signs and billboards.
      (6)   Roomers and boarders.
      (7)   Air-inflated and air-supported structures, excluding temporary inflatable playground structures.
      (8)   Sexually oriented businesses, as defined in Chapter 115.
   (G)   Site and structure requirements.
      (1)   Minimum lot area. A separate ground area of not less than 7,500 square feet shall be designated, provided and continuously maintained for each structure or land containing a permitted or special use.
      (2)   Minimum lot width. A minimum lot width of 100 feet shall be provided for each lot used for a permitted or special use, however the minimum lot width shall not apply to any lots created on or before January 1, 2005, provided that all other site and structure requirements of this section are complied with.
      (3)   Front yard. All structures shall be set back at least 30 feet from the front lot line.
      (4)   Side yard. All structures shall be set in from the side lot line a distance of not less than ten feet on the least side, with the sum of the two sides not less than 20 feet.
      (5)   Rear yard. All structures shall be set in a distance of not less than ten feet from the rear lot line.
      (6)   Maximum height. No principal structure shall exceed 2-1/2 stories, or 35 feet in height, and no accessory structure shall exceed one story or 15 feet in height, except as provided in §§ 156.020 through 156.028.
      (7)   Floor area ratio. Not to exceed .4.
      (8)   Minimum size of dwelling. Each single- family detached dwelling and any other structure occupied in whole or part for residential purposes shall contain at least 1,000 square feet of livable floor area, exclusive of basement or garage space.
      (9)   Reconstruction. If any structure in this zoning classification is damaged or destroyed, it may be reconstructed on the same location without regard to the site and structure requirements listed herein if the structure was originally constructed on or prior to the adoption of this chapter.
      (10)   Adjoining lots.  
         (a)   In the instance whereby two adjacent and contiguous single family zoned lots are under single ownership, it is permissible to construct a principal structure over the interior lot line of the two lots, while conforming to all other village ordinances to include, but not be limited to, the remaining front, side and rear setbacks for all other lot lines. Lot improvements must also conform to approved engineering design standards to include, but not limited to, drainage and grading design. Prior to the issuance of a building permit, the following conditions must be met:
            1.   Any applicable easement grantee must vacate all easements that may exist over the interior lot line; and
            2.   The owner must consolidate the Property Index Numbers through the respective county or township.
         (b)   Both lots must remain in single continuous ownership and may not be divided or conveyed in parts as long as the principal structure remains intact. On behalf of the village, the Village Administrator is authorized to vacate any village easements that are not required for overall site utility or drainage purposes.
   (H)   Special provisions.
      (1)   Parking requirements.
         (a)   Every detached single-family dwelling unit shall include a two-car attached or detached garage.
         (b)   Any additional parking requirements in accordance with the applicable regulations set forth in §§ 156.150 and 156.151.
      (2)   Sign requirements. In accordance with the applicable regulations set forth in §§ 156.160 through 156.179.
      (3)   Trucks. Parking of trucks on residential properties in accordance with the applicable regulations set forth in § 156.033.
      (4)   Recreational vehicles. In accordance with the applicable regulations set forth in § 156.034.
      (5)   Tents. Tents shall not be erected, used, or maintained on any lot, except such small tents that are customarily used for temporary recreational purposes.
      (6)   Driveways. The construction of all driveways shall be in accordance with § 154.52 of this code.
      (7)   Ancillary buildings, structures or uses subject to § 156.031.
      (8)   Raising and maintaining hens is a permitted use subject to the applicable regulations of § 156.035 and licensing requirements of Chapter 99.
(Ord. 95, passed 4-5-71; Am. Ord. 116, passed 5-7-73; Am. Ord. 506, 2-6-89; Am. Ord. 632, passed 1-7-91; Am. Ord. 779, passed 12-6-93; Am. Ord. 1393, passed 7- 18-05; Am. Ord. 1501, passed 8- 20-07; Am. Ord. 1570, passed 1- 19-09; Am. Ord. 1699, passed 7-2- 12; Am. Ord. 1742, passed 5-6-13; Am. Ord. 1906, passed 11-6-17; Am. Ord. 2018, passed 7-6-20)
Cross-reference:
   Backyard chicken licensing, see Ch. 99

§ 156.058 R-3 MULTIFAMILY RESIDENCE DISTRICT.

   (A)   Description of District. This district is composed of certain medium-density residential areas representing compatible co-mingling of single-family, two-family and multifamily dwellings, including certain open areas where similar residential development appears likely to occur. It is the intent of this district to provide for an environment of medium-density dwellings plus certain additional uses such as schools, parks, churches and certain public facilities which serve the residents living in the district. Large apartments, with corresponding proportions of open space, also may be developed under prescribed standards of density and open space. In addition to large areas allocated for this district, it has useful application as a buffer on transition zone along highways, major streets and bordering shopping centers.
   (B)   Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:
      (1)   Residential uses.
         (a)   Single-family detached dwellings.
         (b)   Two-family dwellings.
         (c)   Multifamily dwellings.
         (d)   Small community residence, provided that the residence's sponsoring agency and/or owner must first obtain an administrative occupancy permit prior to establishing a small community residence. No dwelling unit shall be occupied by a small community residence until a certificate of occupancy has been issued by the Village Administrator.
            1.   No certificate of occupancy shall be issued for a small community residence unless:
               a.   The small community residence is located at least 1,000 feet from any other community residence, as measured from lot line to lot line; and
               b.   The applicant demonstrates that it has either obtained or is eligible for state or local licensing or certification to operate the proposed small community residence or that the proposed small community residence is licensed or certified or eligible for licensing or certification.
            2.   The Village Administrator may revoke a certificate of occupancy for a small community residence if its license or certification, or the operator/owner's license or certification to operate community residences is revoked or not issued within a reasonable period of time. An administrative certificate of occupancy is not transferable to another operator/owner or to another location.
         (e)   Large community residences, provided that the residence's sponsoring agency and/or owner must first obtain an administrative occupancy permit prior to establishing a large community residence. No dwelling unit shall be occupied by a large community residence until a certificate of occupancy has been issued by the Village Administrator.
            1.   No certificate of occupancy shall be issued for a large community residence unless:
               a.   The large community residence is located at least 1,000 feet from any other community residence, as measured from lot line to lot line; and
               b.   The applicant demonstrates that it has either obtained or is eligible for state or local licensing or certification to operate the proposed large community residence or that the proposed large community residence is licensed or certified or eligible for licensing or certification.
            2.   The Village Administrator may revoke a certificate of occupancy for a large community residence if its license or certification, or the operator/owner's license or certification to operate community residences is revoked or not issued within a reasonable period of time. An administrative certificate of occupancy is not transferable to another operator/owner or to another location.
      (2)   Public, quasi-public, and governmental buildings and facilities, such as but not limited to:
         (a)   Public, quasi-public and governmental buildings permitted in the R-1 District.
         (b)   Churches and other places of worship, provided that the property for the use fronts on a primary or secondary thoroughfare so designated in the comprehensive plan.
   (C)   Special uses permitted. The following uses shall be permitted only if specifically authorized by the Zoning Board of Appeals as allowed in §§ 156.190 through 156.203.
      (1)   Similar and compatible uses to those allowed as “permitted uses” in this District.
      (2)   Country clubs, tennis clubs, swimming pools, and similar recreational uses.
      (3)   Planned unit developments.
      (4)   Convalescent or nursing home.
      (5)   Private schools or colleges.
      (6)   Clubs, lodges, social or recreational buildings or properties; not-for-profit.
      (7)   Hospitals, clinics, and sanitariums.
      (8)   Nursery school, day nursery, and child care center; at least 150 square feet of outdoor play area must be provided for each child that is cared for.
      (9)   Mobile home park.
      (10)   Small community residences located within 1,000 feet of another community residence, as measured from lot line to lot line.
      (11)   Large community residences located within 1,000 feet of another community residence.
   (D)   Temporary permit uses permitted. Upon application to the Planning and Zoning Commission, review and recommendation by the Planning and Zoning Commission, and issuance by the Village Board of a permit therefor, the following uses may be operated as temporary uses:
      (1)   Temporary permit uses permitted in the R-1 District.
   (E)   Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditional permitted use may be permitted, provided that they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structures or structural features inconsistent with the permitted uses and do not involve the conduct of any business, trade or industry. Accessory uses may include, but are not limited to:
      (1)   Accessory uses permitted in the R-1 district.
      (2)   Home occupations.
      (3)   Roomers or boarders, not to exceed two by a resident family.
      (4)   Professional office of resident in his dwelling involving the employment of not to exceed one person not a resident of the premises.
   (F)   Prohibited uses. All uses not expressly authorized in divisions (B) through (E) of this section, including but not limited to:
      (1)   Hotels and motels.
      (2)   Commercial uses.
      (3)   Industrial uses.
      (4)   Signs and billboards.
      (5)   Air-inflated and air-supported structures, excluding temporary inflatable playground structures.
      (6)   Sexually oriented businesses, as defined in Chapter 115.
      (7)   Detached garages.
   (G)   Site and structure requirements.
      (1)   Minimum lot area. A separate ground area of not less than 10,000 square feet for single-family use, 15,000 square feet for two-family use, with at least 5,000 square feet for each additional multifamily dwelling unit of one or two bedrooms, with an additional 500 square feet for each bedroom over two bedrooms in the multifamily units, and 6,000 square feet for other uses, shall be designated, provided and continuously maintained for each permitted or special use.
      (2)   Minimum lot width. A minimum lot width of 80 feet shall be provided for each lot used for a permitted or special use.
      (3)   Front yard. All structures shall be set back at least 30 feet from the front lot line.
      (4)   Side yard. All structures shall be set in from the side lot line a distance of not less than ten feet on the least side. Side yard setback requirement does not apply to the shared property line where multifamily structures are attached at a common wall.
      (5)   Rear yard. All structures shall be set in a distance of not less than 25 feet from the rear lot line.
      (6)   Maximum height. No principal structure shall exceed three stories or 30 feet in height, and no accessory structure shall exceed one story on 15 feet in height, except as provided in §§ 156.020 through 156.028.
      (7)   Floor area ratio. Not to exceed .5.
      (8)   Minimum size of dwelling. Each single- family detached dwelling shall contain at least 1,200 square feet of liveable floor area, each two-family dwelling shall contain at least 1,000 square feet of liveable floor area for each dwelling unit, and each multifamily dwelling shall contain at least 1,000 square feet of liveable floor area for each dwelling unit.
      (9)   Mobile home parks. The maximum number of mobile homes shall not exceed a density of six mobile homes per acre, and all design standards shall conform to the Minimum Property Standards for the Mobile Home Courts published by the Federal Housing Administration.
   (H)   Special provisions.
      (1)   Parking requirements.
         (a)   Every detached and attached single-family dwelling unit shall include a two-car attached garage.
         (b)   Any additional requirements in accordance with the applicable regulations set forth in §§ 156.150 through 156.151.
      (2)   Sign requirements. In accordance with the applicable regulations set forth in §§ 156.160 through 156.179.
      (3)   Trucks. Parking of trucks on residential properties in accordance with the applicable regulations set forth in § 156.033.
      (4)   Recreational vehicles. In accordance with the applicable regulations set forth in § 156.034.
      (5)   Tents. Tents shall not be erected, used, or maintained on any lot, except such small tents that are customarily used for temporary recreational purposes.
      (6)   Driveways. The construction of all driveways shall be in accordance with § 154.52.
      (7)   Ancillary buildings, structures or uses subject to § 156.031.
(Ord. 95, passed 4-5-71; Am. Ord. 599, passed 7-2-90; Am. Ord. 632, passed 1-7-91; Am. Ord. 1501, passed 8-20-07; Am. Ord. 1570, passed 1-19-09; Am. Ord. 2018, passed 7-6-20)

§ 156.059 RE-1 RURAL ESTATE SINGLE FAMILY RESIDENCE DISTRICT.

   (A)   Description of district. This district is the largest of the two estate residential districts, which provide for a transition from low-density subdivisions to the agricultural districts. It is the intent of this district to provide greater lot sizes to maintain rural open spaces and natural areas/features.
   (B)   Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:
      (1)   Residential uses:
         (a)   Single-family detached dwellings.
         (b)   Small community residence, provided that the residence's sponsoring agency and/or owner must first obtain an administrative occupancy permit prior to establishing a small community residence. No dwelling unit shall be occupied by a small community residence until a certificate of occupancy has been issued by the Village Administrator.
            1.   No certificate of occupancy shall be issued for a small community residence unless:
               a.   The small community residence is located at least 1,000 feet from any other community residence, as measured from lot line to lot line; and
               b.   The applicant demonstrates that it has either obtained or is eligible for state or local licensing or certification to operate the proposed small community residence or that the proposed small community residence is licensed or certified or eligible for licensing or certification.
            2.   The Village Administrator may revoke a certificate of occupancy for a small community residence if its license or certification, or the operator/owner's license or certification to operate community residences is revoked or not issued within a reasonable period of time. An administrative certificate of occupancy is not transferable to another operator/owner or to another location.
      (2)   Public, quasi-public, and governmental buildings and facilities, such as but not limited to:
         (a)   Public parks, public playgrounds, public golf courses and public community center buildings;
         (b)   Public and parochial schools;
         (c)   Public libraries, in conjunction with schools;
         (d)   Parish houses and convents, in conjunction with schools; or
         (e)   Essential services - gas regulator stations, telephone exchanges, electric substations.
   (C)   Special uses permitted. The following uses shall be permitted only if specifically authorized by the Planning and Zoning Commission as allowed in §§ 156.190 through 156.203.
      (1)   Similar and compatible uses to those allowed as permitted uses in this district.
      (2)   Churches and other places of worship, provided that the property for the use fronts on a primary or secondary thoroughfare so designated in the comprehensive plan.
      (3)   Country clubs, tennis clubs, swimming pools, and similar recreational uses.
      (4)   Planned unit developments.
      (5)   Small community residences located within 1,000 feet of another community residence, as measured from lot line to lot line.
      (6)   Large community residences.
   (D)   Temporary permit uses permitted. The following uses may be operated as temporary uses, provided compliance with § 156.201:
      (1)   Temporary building or yard for construction materials and/or equipment, both incidental and necessary to construction of a permitted or special use on the property or within the same development project. Each permit shall specify the location of the building or yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive periods at the same location;
      (2)   Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each such permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location;
      (3)   Real estate subdivision sign not to exceed 100 square feet for each face. Sign shall be nonilluminated. Each permit shall specify the location of the sign. Each such permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location; and
      (4)   Trailer, to be used during the construction of a residence by the trailer owner and not to exceed one year.
   (E)   Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or special use may be permitted, provided that they do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include, but are not limited to:
      (1)   Accessory uses permitted in the R-1 district.
      (2)   Detached garage(s), storage building(s), pool house(s). The cumulative area of the footprints of these accessory structures must be smaller than the footprint of the principal structure on the property, including any attached garage.
      (3)   One shed not to exceed 180 square feet in size and no more than 15 feet in height.
      (4)   Accessory uses, buildings or other structures in the RE-1 District shall comply with the following:
         (a)   Setback and separation. No part of an accessory building or structure shall be located closer than 20 feet to the side or rear lot line nor ten feet to the principal building. For each foot over 20 feet in length that the wall of an accessory structure parallels and is next to the principal structure, the required distance between the structures shall be increased by an additional foot.
         (b)   Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.
         (c)   Rear yard. No accessory building or buildings shall occupy more than 40% of the area of a required rear yard.
         (d)   Height. No accessory buildings and structures shall exceed the height of the principal structure. No shed shall exceed 15 feet in height.
         (e)   Reversed corner lots. On a reversed corner lot, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than the required front yard on the adjacent lot to the rear.
         (f)   Material. All sheds or accessory buildings must be of the same or similar building material and color of the principal building, and of exterior look and finish that is complementary to the principal structure.
   (F)   Prohibited uses. All uses not expressly authorized in divisions (B), (C), (D) and (E) of this section, including but not limited to:
      (1)   Mobile homes;
      (2)   Hotels and motels;
      (3)   Commercial uses;
      (4)   Industrial uses;
      (5)   Signs and billboards;
      (6)   Roomers and boarders;
      (7)   Air-inflated and air-supported structures, excluding temporary inflatable playground structures;
      (8)   Sexually oriented businesses, as defined in Chapter 115;
      (9)   General farming;
      (10)   Nurseries;
      (11)   Commercial greenhouses; and
      (12)   Riding stables or horse breeding farms.
   (G)   Site and structure requirements.
      (1)   Minimum lot area. A separate ground area of not less than two and one-half acres shall be designated, provided and continuously maintained for each structure or land containing a permitted or special use.
      (2)   Minimum lot width. A minimum lot width of 150 feet shall be provided for each lot used for a permitted or special use.
      (3)   Front yard. All structures shall be set back at least 50 feet from the front line.
      (4)   Side yard. All structures shall be set in from the side lot line a distance of not less than 20 feet on each side.
      (5)   Rear yard. All structures shall be set in a distance of not less than 80 feet from the rear lot line.
      (6)   Maximum height. No principal structure shall exceed two and one-half stories or 35 feet in height.
      (7)   Floor area ratio. Not to exceed 0.2.
      (8)   Minimum size of dwelling. Each single-family detached dwelling and any other structure occupied in whole or in part for residential purposes shall contain at least 1,800 square feet of livable floor area, exclusive of basement or garage space.
      (9)   Adjoining lots.
         (a)   In the instance whereby two adjacent and contiguous residentially zoned lots of the same zoning district are under single ownership, it is permissible to construct a principal structure over the interior lot line of the two lots, while conforming to all other village ordinances to include, but not be limited to, the remaining front, side and rear setbacks for all other lot lines. Lot improvements must also conform to approved engineering design standards to include, but not limited to, drainage and grading design. Prior to the issuance of a building permit, the following conditions must be met:
            1.   Any applicable easement grantee must vacate all easements that may exist over the interior lot line; and
            2.   The owner must consolidate the Property Index Numbers through the respective county or township.
         (b)   Both lots must remain in single continuous ownership and may not be divided or conveyed in parts as long as the principal structure remains intact. On behalf of the village, the Village Administrator is authorized to vacate any village easements that are not required for overall site utility or drainage purposes.
   (H)   Special provisions.
      (1)   Parking requirements.
         (a)   Every detached single-family dwelling unit shall include a two-car attached garage.
         (b)   Any additional requirements in accordance with the applicable regulations set forth in §§ 156.150 and 156.151.
      (2)   Sign requirements. In accordance with the applicable regulations set forth in §§ 156.160 through 156.179.
      (3)   Trucks. Parking of trucks on residential properties in accordance with the applicable regulations set forth in § 156.032.
      (4)   Recreational vehicles. In accordance with the applicable regulations set forth in § 156.033.
      (5)   Tents. Tents shall not be erected, used, or maintained on any lot, except such small tents that are customarily used for temporary recreational purposes.
      (6)   Driveways. The construction of all driveways shall be in accordance with § 154.52.
      (7)   Ancillary buildings, structures or uses subject to § 156.031.
      (8)   Raising and maintaining hens is a permitted use subject to the applicable regulations of § 156.034 and licensing requirements of Chapter 99.
(Ord. 2018, passed 7-6-20)

§ 156.060 RE-2 ESTATE SINGLE FAMILY RESIDENCE DISTRICT.

   (A)   Description of district. This district is the smaller of the two estate residential districts, which provide for a transition from low-density subdivisions to the agricultural districts. It is the intent of this district to provide larger single family residential lots within a subdivision setting while allowing for greater separation between dwellings.
   (B)   Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:
      (1)   Residential uses:
         (a)   Single-family detached dwellings.
         (b)   Small community residence, provided that the residence's sponsoring agency and/or owner must first obtain an administrative occupancy permit prior to establishing a small community residence. No dwelling unit shall be occupied by a small community residence until a certificate of occupancy has been issued by the Village Administrator.
            1.   No certificate of occupancy shall be issued for a small community residence unless:
               a.   The small community residence is located at least 1,000 feet from any other community residence, as measured from lot line to lot line; and
               b.   The applicant demonstrates that it has either obtained or is eligible for state or local licensing or certification to operate the proposed small community residence or that the proposed small community residence is licensed or certified or eligible for licensing or certification.
            2.   The Village Administrator may revoke a certificate of occupancy for a small community residence if its license or certification, or the operator/owner's license or certification to operate community residences is revoked or not issued within a reasonable period of time. An administrative certificate of occupancy is not transferable to another operator/owner or to another location.
      (2)   Public, quasi-public, and governmental buildings and facilities, such as but not limited to:
         (a)   Public parks, public playgrounds, public golf courses and public community center buildings.
         (b)   Public and parochial schools.
         (c)   Public libraries, in conjunction with schools.
         (d)   Parish houses and convents, in conjunction with schools.
         (e)   Essential services - gas regulator stations, telephone exchanges, electric substations.
   (C)   Special uses permitted. The following uses shall be permitted only if specifically authorized by the Planning and Zoning Commission as allowed in §§ 156.190 through 156.203.
      (1)   Similar and compatible uses to those allowed as permitted uses in this district.
      (2)   Churches and other places of worship, provided that the property for the use fronts on a primary or secondary thoroughfare so designated in the comprehensive plan.
      (3)   Country clubs, tennis clubs, swimming pools, and similar recreational uses.
      (4)   Planned unit developments.
      (5)   Small community residences located within 1,000 feet of another community residence, as measured from lot line to lot line.
      (6)   Large community residences.
   (D)   Temporary permit uses permitted. The following uses may be operated as temporary uses, provided compliance with § 156.201:
      (1)   Temporary building or yard for construction materials and/or equipment, both incidental and necessary to construction of a permitted or special use on the property or within the same development project. Each permit shall specify the location of the building or yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive periods at the same location.
      (2)   Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each such permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location.
      (3)   Real estate subdivision sign not to exceed 100 square feet for each face. Sign shall be nonilluminated. Each permit shall specify the location of the sign. Each such permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location.
      (4)   Trailer, to be used during the construction of a residence by the trailer owner and not to exceed one year.
   (E)   Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or special use may be permitted, provided that they do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include, but are not limited to:
      (1)   Accessory uses permitted in the R-1 district.
      (2)   Detached garage(s), storage building(s), pool house(s). The cumulative area of the footprints of these accessory structures must be smaller than the footprint of the principal structure on the property, including any attached garage.
      (3)   One shed not to exceed 180 square feet in size and no more than 15 feet in height.
      (4)   Accessory uses, buildings or other structures in the RE-2 District shall comply with the following:
         (a)   Setback and separation. No part of an accessory building or structure shall be located closer than 15 feet to the side or rear lot line nor 10 feet to the principal building. For each foot over 20 feet in length that the wall of an accessory structure parallels and is next to the principal structure, the required distance between the structures shall be increased by an additional foot.
         (b)   Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.
         (c)   Rear yard. No accessory building or buildings shall occupy more than 40% of the area of a required rear yard.
         (d)   Height. No accessory buildings and structures shall exceed the height of the principal structure, but in no case more than 25 feet. No shed shall exceed 15 feet in height.
         (e)   Reversed corner lots. On a reversed corner lot, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than the required front yard on the adjacent lot to the rear.
         (f)   Material. All sheds or accessory buildings must be of the same or similar building material and color of the principal building, and of exterior look and finish that is complementary to the principal structure.
   (F)   Prohibited uses. All uses not expressly authorized in divisions (B), (C), (D) and (E) of this section, including but not limited to:
      (1)   Mobile homes;
      (2)   Hotels and motels;
      (3)   Commercial uses;
      (4)   Industrial uses;
      (5)   Signs and billboards;
      (6)   Roomers and boarders;
      (7)   Air-inflated and air-supported structures, excluding temporary inflatable playground structures;
      (8)   Sexually oriented businesses, as defined in Chapter 115;
      (9)   General farming;
      (10)   Nurseries;
      (11)   Commercial greenhouses; and
      (12)   Riding stables or horse breeding farms.
   (G)   Site and structure requirements.
      (1)   Minimum lot area. A separate ground area of not less than 45,000 square feet shall be designated, provided and continuously maintained for each structure or land containing a permitted or special use.
      (2)   Minimum lot width. A minimum lot width of 120 feet shall be provided for each lot used for a permitted or special use.
      (3)   Front yard. All structures shall be set back at least 40 feet from the front line.
      (4)   Side yard. All structures shall be set in from the side lot line a distance of not less than 15 feet on each side.
      (5)   Rear yard. All structures shall be set in a distance of not less than 40 feet from the rear lot line.
      (6)   Maximum height. No principal structure shall exceed two and one-half stories or 35 feet in height.
      (7)   Floor area ratio. Not to exceed 0.25.
      (8)   Minimum size of dwelling. Each single-family detached dwelling and any other structure occupied in whole or in part for residential purposes shall contain at least 1,500 square feet of livable floor area, exclusive of basement or garage space.
      (9)   Adjoining lots.
         (a)   In the instance whereby two adjacent and contiguous residentially zoned lots of the same zoning district are under single ownership, it is permissible to construct a principal structure over the interior lot line of the two lots, while conforming to all other village ordinances to include, but not be limited to, the remaining front, side and rear setbacks for all other lot lines. Lot improvements must also conform to approved engineering design standards to include, but not limited to, drainage and grading design. Prior to the issuance of a building permit, the following conditions must be met:
            1.   Any applicable easement grantee must vacate all easements that may exist over the interior lot line; and
            2.   The owner must consolidate the Property Index Numbers through the respective county or township.
         (b)   Both lots must remain in single continuous ownership and may not be divided or conveyed in parts as long as the principal structure remains intact. On behalf of the village, the Village Administrator is authorized to vacate any village easements that are not required for overall site utility or drainage purposes.
   (H)   Special provisions.
      (1)   Parking requirements.
         (a)   Every detached single-family dwelling unit shall include a two-car attached garage.
         (b)   Any additional requirements in accordance with the applicable regulations set forth in §§ 156.150 and 156.151.
      (2)   Sign requirements. In accordance with the applicable regulations set forth in §§ 156.160 through 156.179.
      (3)   Trucks. Parking of trucks on residential properties in accordance with the applicable regulations set forth in 156.033.
      (4)   Recreational vehicles. In accordance with the applicable regulations set forth in § 156.034.
      (5)   Tents. Tents shall not be erected, used, or maintained on any lot, except such small tents that are customarily used for temporary recreational purposes.
      (6)   Driveways. The construction of all driveways shall be in accordance with § 154.52 of this code.
      (7)   Ancillary buildings, structures or uses subject to § 156.031.
      (8)   Raising and maintaining hens is a permitted use subject to the applicable regulations of § 156.034 and licensing requirements of Chapter 99.
(Ord. 2018, passed 7-6-20)