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Davis Junction City Zoning Code

ARTICLE IV

MULTIPLE FAMILY RESIDENTIAL DISTRICT

4-101 - PURPOSE

One zoning district is provided for multiple family residential development. The R-4 Multiple Family Residential District provides for any combination of multiple-family development, including duplex housing, townhouse-type dwellings, and multiple family dwellings, which result in higher densities than in single family developments.

Only religious organizations and their associated elementary and secondary schools as well as selected service uses that are compatible with the residential character of the R-4 zoning district are allowed in addition to permitted residential uses.

4-102 - PERMITTED USES

Permitted uses in the R-4 Multiple Family Residential District are listed in Appendix A and are designated with a 'P'. The following uses are permitted as of right in the R-4 Multiple Family Residential District, subject to the following requirements:

A.

Multiple family dwellings, as part of an approved planned development.

B.

Community residences, provided, however, that no such community residence shall be permitted unless it:

1.

Has no more than four residents,

2.

Is located at least 1,500 feet from any other community residence, and

3.

Is registered with the Village.

4-103 - HOME OCCUPATIONS

Home occupations are permitted in the R-4 Multiple Family Residential District subject to the provisions of Section 8-102 of this Zoning Ordinance.

4-104 - SPECIAL PERMIT USES

Special permit uses in the single-family residential districts are listed in Appendix A and are designated with an 'S'. The following special permit uses may be permitted in the R-4 Multiple Family Residential District subject to the issuance of a special permit as provided in Section 11-602 of this Zoning Ordinance and subject to the additional standards hereinafter set forth:

A.

Senior Citizen Housing, Nursing and Personal Care Facilities, Child Day Care Center, and Transitional Service Facilities for Up to Six Transitional Service Facility Residents, are all subject to the following standard:

1.

Financial Stability. No special permit for a senior citizen housing development will be granted unless the applicant establishes, to the satisfaction of the Board of Trustees, that there exists a reasonably certain source of continuous and sufficient funds to provide for the operation and maintenance of such facility in accordance with the representations of the application and the various standards applicable to the development by reason of this Zoning Ordinance and other laws and regulations.

B.

Senior Citizen Housing, subject to the following additional standards:

1.

Community Need. No special permit for senior citizen housing development will be granted except on evidence satisfactory to the Board of Trustees that there is, and will for the foreseeable future continue to be, a ready market demand among current area residents for all of the dwelling units in the senior citizen housing development.

2.

Location. Every senior citizen housing development will be located in an area of the Village that is conducive to the special needs of senior citizens. This will typically require a location with convenient access to retail stores and medical services.

3.

Facilities and Staff. Every senior citizen housing development must provide such on-site facilities and staff as may be necessary and appropriate to satisfy the social, cultural, recreational, and where appropriate, medical needs of its residents. The name and telephone number of at least one person having direct responsibility for the operation of the development shall be kept on file with the Village and Sheriff.

4.

Required Approvals. No senior citizen housing development will be established without the prior licensing, certification, or other approval of every public agency charged with the regulation or supervision of any facet of the activity of the proposed facility. Every application for a special permit for a senior citizen housing development must set forth each agency that must approve the establishment or operation of the facility and must be accompanied by a formal acknowledgment of approval from each such agency. In the event any such approval has been delayed, the application will set forth the status of each application, and state any facts known to the applicant that might have contributed to the delay of any required approval that has not been obtained as of the time of the filing of the application for a special permit.

5.

Annual Report. The owner of every senior citizen housing development must annually file a report with the Village not later than 60 days following the close of the development's fiscal year demonstrating the development's compliance with the foregoing standards and with this Zoning Ordinance definition of Senior Citizen Housing.

C.

Nursing and Personal Care Facilities, subject to the following additional standards:

1.

Supervision. Every nursing or personal care facility must provide qualified and experienced supervisory personnel in sufficient numbers, during appropriate hours of the day, to meet all standards of any agency responsible for the licensing or regulation of the nursing or personal care facility and additional services as may be required by the Board of Trustees. The special permit will specifically establish minimum standards for supervision. The name and telephone number of at least one person having direct responsibility for the operation of the facility must be kept on file with the Village and Sheriff.

2.

Availability of Facilities. Every nursing and personal care facility must provide, or have ready access to, facilities and services necessary and appropriate to the needs of its residents for active and passive recreation; medical care; educational, cultural and religious activities; consumer goods and services; and public transportation.

3.

Required Approvals. No special permit for a nursing or personal care facility will be granted unless the applicant presents proof of licensing, certification, or other approval of every public agency charged with the regulation or supervision of any facet of the activity of the proposed facility. Every application for a special permit for a nursing or personal care facility must set forth each agency that must approve the establishment or operation of the facility and must be accompanied by a formal acknowledgment of approval from each agency. In the event any approval has been delayed, the application must set forth the status of each application, and state any facts known to the applicant that might have contributed to the delay of any required approval that has been obtained as of the time of the filing of the application for a special permit.

D.

Planned Developments, subject to the special procedures and standards set forth in Article XI of this Zoning Ordinance, planned developments will be limited to the permitted, special, accessory, and temporary uses as otherwise permitted in the R-4 Multiple Family Residential District.

E.

Child Day Care Center, subject to the following additional standards:

1.

Required Approvals. No child day care center will be established without the prior licensing, certification, or other approval of every public agency charged with the regulation or supervision of any facet of the activity of the proposed service. Every application for a special permit for a child day care center will set forth each agency that must approve the establishment or operation of the service and will be accompanied by a formal acknowledgment of approval from each such agency. In the event any such approval has been delayed, the application will set forth the status of each such application, and will state any facts known to the applicant that might have contributed to the delay of any required approval that has not been obtained as of the time of the filing of the application for a special permit.

At the end of every twelve month period following the effective date of a special permit for child day care centers, the permittee will submit to the Village evidence of all required inspections by the State of Illinois or other entities with jurisdiction within the preceding twelve month period.

2.

Structure Type. Every child day care center will be located in a building of the type permitted or specially permitted in the district where the facility is located. Each service is required to provide annual certification to the Village Clerk that the structure is in compliance with the Village Building Code. No alteration of any dwelling unit that would prevent its future use as a single family dwelling will be permitted.

3.

Supervision. Every child day care center will provide qualified supervisory personnel in sufficient numbers to assure the safety, well-being, and appropriate behavior of all children enrolled in the service. The special permit may establish minimum supervision requirements.

4.

Outdoor Play Area. Unless waived by the Board of Trustees based on evidence of staggered usage by subgroups of all enrolled children, every child day care center will provide at least 75 square feet of open space per child, exclusive of any open space located in a required front yard, which will be completely enclosed by a fence or other suitable barrier sufficient to prevent access of children to neighboring properties or to traffic or other hazards. A fence or barrier previously erected by a neighboring property owner will not be relied upon to satisfy this requirement unless a written agreement of such owner authorizing such use is filed with the Village. The required fence or barrier must also comply with the Village-adopted building code.

5.

Recreational Devices. No recreational device will be located within 20 feet of any abutting residential property.

F.

Transitional Service Facilities for Up to Six Transitional Service Facility Residents, subject to the following additional standards:

1.

Required Approvals. No transitional service facility will be established without the prior licensing, certification, or other approval of every public agency charged with the regulation or supervision of any facet of the activity of the proposed facility. Every application for a special permit for a transitional service facility will set forth each agency that must approve the establishment or operation of the facility and will be accompanied by a formal acknowledgment of approval from each such agency. In the event any such approval has been delayed, the application will set forth the status of each such application, and will state any facts known to the applicant that might have contributed to the delay of any required approval that has not been obtained as of the time of the filing of the application for a special permit.

2.

Structure Type. Every transitional service facility will be located in a building of the type permitted or specially permitted in the district where the facility is located. Each service is required to provide annual certification to the Village Clerk that the structure is in compliance with the Village Building Code. No alteration of any dwelling unit that would prevent its future use as a single family dwelling will be permitted.

3.

Supervision. Every transitional service facility will provide qualified and experienced supervisory personnel in sufficient numbers and during sufficient and appropriate hours of the day and night to meet all standards of any agency responsible for the licensing or regulation of the transitional service facility and such additional service as may be required by the Board of Trustees. The special permit will specifically establish minimum standards for supervision. The name and telephone number of at least one person having direct responsibility for the operation of the facility will be kept on file with the Village and Sheriff.

4.

Availability of Facilities. Every transitional service facility will be provided with, or have ready access to, facilities and services necessary and appropriate to the needs of its residents for active and passive recreation; medical care; educational, cultural and religious activities; consumer goods and services; and public transportation.

G.

Public Utility Stations and Electrical Substations, subject to the following additional standards:

1.

Structure Appearance and Screening. All buildings and structures must either have exteriors that give the appearance of a structure permitted in the R-4 Multiple Family Residential District or comply with the buffer and landscape requirements applicable to nonresidential uses abutting a residential district pursuant to Subsection 8-107 of this Zoning Ordinance.

2.

Safety Fencing. All public utility and electrical substation uses must be fenced where any hazard to the safety of human or animal life is present.

3.

Service and Storage Prohibited. No service or storage yard or building will be permitted except as permitted for other uses in the district.

H.

Community Residences, subject to the following additional standards:

1.

Registration. All community residences must be registered with the Village.

2.

Spacing. No special permit for a community residence will be granted to a community residence that is less than 1,500 feet from any other community residence.

I.

Religious Organizations with or without Associated Elementary and/or Secondary Schools, subject to the following additional standards:

1.

Any school must be under the same ownership and control as the religious organization and must be located on the same zoning lot as, or an adjacent zoning lot to, the religious organization.

2.

Particular attention will be paid to the impacts of these uses on surrounding residential uses. Religious organizations must comply with the buffering provisions of Section 8-107, the lighting provisions of Paragraph 8-101D.13, the sign regulations in Section 8-106, and the off-street parking and loading provisions of Sections 8-104 and 8-105 of this Zoning Ordinance.

3.

No for-profit use will be located in a structure owned or occupied by a religious organization.

J.

Home Occupations that include one or both of the following:

1.

The presence of more than four employees, clients or independent contractors at one time in the dwelling unit in which the home occupation is conducted; or

2.

More than two vehicles visiting the site of a home occupation at any one time or more than eight vehicle visits to the site of the home occupation per day.

4-105 - AGRICULTURAL CROP FIELDS AND RESIDENTIAL CROP CULTIVATION

A.

Agricultural Crop Fields. Agricultural crop fields are special uses in the R-4 Multiple Family Residential District and are subject to the buffering and landscaping requirements set forth in Section 8-107 of this Zoning Ordinance.

B.

Residential Crop Cultivation. Residential crop cultivation is permitted in the R-4 Multiple Family Residential District, subject to the following:

1.

Must be located in a required rear yard;

2.

Limited to not more than 15% of a required rear yard; and

3.

Subject to the fence requirement set forth in Section 8-107 of this Zoning Ordinance.

4-106 - COMMON REGULATIONS APPLICABLE TO ALL DISTRICTS.

See Article X for common regulations applicable to all districts.

4-107 - ADDITIONAL BULK, SPACE, AND YARD REQUIREMENTS

Additional building height, lot area yard, floor area, and dwelling unit size requirements applicable in the R-4 Multiple Family Residential District are set forth in the following table.

MULTIPLE FAMILY RESIDENTIAL DISTRICT: BULK, SPACE & YARD REQUIREMENTS

R-4
A. Maximum Height
 1. Feet 40
B. Minimum Lot Area and Dimensions
 1. Total Lot Area
  a. Single Family Detached 8,000 SF
  b. Townhouse 5,000 SF
  c. Two-family 5,000 SF
  d. Multiple Family 5,000 SF
  e. Senior Housing 2,200 SF
  f. Nursing or Personal Care Facility 40,000 SF
  g. Planned Development 2.5 Acres
  h. Day Care Center 40,000 SF
  i. Transitional Service Facility 7,500 SF
  j. Public Utility Station 40,000 SF
  k. Agricultural Crop Fields 5 Acres
 2. Lot Width (feet)
  a. Single Family Detached 80
  b. Townhouse 100
  c. Two-family 80
  d. Multiple Family 150
  e. Senior Housing 150
  f. Nursing or Personal Care Facility 150
  g. Planned Development 125
  h. Day Care Center 150
  i. Transitional Service Facility 75
  j. Public Utility Station 150
  k. Agricultural Crop Fields 300
C. Minimum Yards
 1. Front Yard (feet)
  a. Single Family Detached 30
  b. Townhouse 30
  c. Two-family 30
  d. Multiple Family 30
  e. Senior Housing 40
  f. Nursing or Personal Care Facility 40
  g. Planned Development 30
  h. Day Care Center 40
  i. Transitional Service Facility 40
  j. Public Utility Station 40
  k. Agricultural Crop Fields 40
  2. Interior Side Yards (feet per side)
  a. Single Family Detached 6
  b. Townhouse 6
  c. Two-family 6
  d. Multiple Family 6
  e. Senior Housing 15
  f. Nursing or Personal Care Facility 15
  g. Planned Development 6
  h. Day Care Center 15
  i. Transitional Service Facility 15
  j. Public Utility Station 15
  k. Agricultural Crop Fields 30
 3. Corner Side Yard (feet)
  a. Single Family Detached 30
  b. Townhouse 25
  c. Two-family 25
  d. Multiple Family 25
  e. Senior Housing 25
  f. Nursing or Personal Care Facility 30
  g. Planned Development 25
  h. Day Care Center 30
  i. Transitional Service Facility 30
  j. Public Utility Station 30
  k. Agricultural Crop Fields 30
 4. Rear Yard (feet) All Uses 30
D. Maximum Floor Area Ratio
 1. Single Family Detached .35
 2. Townhouse .40
 3. Two-family .35
 4. Multiple Family .40
 5. Senior Housing .50
 6. Nursing or Personal Care Facility .25
 7. Planned Development .35
 8. Day Care Center .25
 9. Transitional Service Facility .25
 10. Public Utility Station .25
 11. Agricultural Crop Fields n/a

 

A.

Planned Developments.

1.

Clustering in Planned Developments. In planned developments, the lot dimensions will be determined by the proposed uses in the development, but units may be clustered together to increase common open space within the development.

2.

Lot Dimensions and Yards in Planned Developments.

(a)

Authority to Waive. The Planning and Zoning Commission may recommend and the Board of Trustees may authorize the waiver of the lot dimension and yard requirements of the underlying district when approving special permits for planned developments.

(b)

Special Requirements; Limitation of Waiver Authority. Special perimeter open space, setback, and spacing requirements for planned developments are set forth in Section 11-603 E.2.f of this Code. These requirements will not be waived under any circumstances.

(c)

Standards for Waiver. No waiver will be recommended or authorized except in accordance with the provisions of Section 11-101F of this Code.

B.

Specified Structures and Uses in Required Yards. The following additional structures and uses, except as limited in Section 10-106 and below, may be located in any required yard.

1.

Decks of three feet or less in height.

2.

No more than one (1) basketball backboard and related support structure per zoning lot, or separately owned lot containing a single dwelling unit, may be located in a required yard, but in no event closer than five feet to an adjacent lot. Basketball backboards and support structures in front yards shall only be installed adjacent to permitted driveways.

C.

Front and Corner Side Yard Adjustment Next to Existing Structures. Where a lot abuts, on both sides, lots that have already been developed, the front yard applicable to such lot shall be determined by taking the average of the setbacks of the buildings on the two abutting lots; provided, however, that no such front or corner side yard shall be less than 30 feet. Where a lot abuts a lot that has already been developed on one side and a vacant lot or street on the other side, the front or corner side yard applicable to such lot shall be determined by taking the average of the setback of the building on the abutting developed lot and the required front yard in the zoning district; provided, however, that no such front or corner side yard shall be less than 30 feet.

D.

Residential Subdivisions Abutting Agricultural Fields. Any residential subdivision proposed for property that abuts agricultural fields must maintain a 100-foot landscaped buffer between the closest residential zoning lots lines and the agricultural field or fields.