East Peoria City Zoning Code

CHAPTER 9

- RESIDENTIAL DISTRICTS

Sec. 5-9-1. - Purpose.

The residential district regulations set forth herein are established in order to protect public health, and promote public safety, convenience, comfort, morals, prosperity and welfare. These general goals include, among others, the following specific purposes:

(1)

To protect against fire, explosion, noxious fumes, offensive odors, noise, smoke, vibrations, dust, heat, glare and other objectionable factors.

(2)

To protect against unduly heavy vehicle traffic, especially through traffic, and to alleviate congestion by promoting off-street parking.

(3)

To protect against undue congestion of public streets and other public facilities by controlling density of population through regulation of the bulk of buildings.

(4)

To provide for ample light and air to buildings and the windows thereof.

(5)

To provide for usable, open space on the same zoning lot with the building improvements.

(6)

To provide sufficient space in proper location to meet the probable need for future residential expansion and to meet the need for necessary and desirable services in the vicinity of residences, which increase safety and amenity but which do not exert objectionable influences.

(7)

To promote best use and development of residential land in accordance with a comprehensive land use plan, to promote stability of residential development and protect the character of desirable development and protect the value of land and improvements and so strengthen the economic base of the city.

(Code 1994, § 5-8-1)

Sec. 5-9-2. - C Conservation and Residential Estate District.

(a)

Permitted uses. The following shall be permitted uses in the C Conservation and Residential Estate District:

(1)

One-family dwellings.

(2)

Public-owned parks and forest preserves.

(3)

Accessory buildings and uses.

(4)

Outdoor dish antennas if the following conditions are met:

The antenna is not greater than five meters (16 feet, 4.8 inches) in diameter.

If a ground dish antenna, it is not located within the front yard or side yard on the zoning lot on which it is located; if located in the rear yard, it is not nearer than five feet to the rear lot line, nor nearer than three feet to any side lot line; and if on a reversed corner lot, it is not located beyond the front yard required on the adjacent lot to the rear, nor nearer than five feet to the side lot line of the adjacent building.

If a mounted dish antenna, it is located so as not to be visible from the street immediately adjacent to the front lot line of the zoning lot on which it is located.

The antenna has a height not greater than the height of the main building on the zoning lot on which it is located. (The height of an outdoor dish antenna shall be measured from the highest point of the dish when positioned for operation to the average finished grade of the property on which the antenna is located.)

The antenna is enclosed by a nonclimbable fence at least four feet in height; provided, however, that this requirement does not apply to an antenna which is erected so that none of its moving parts is less than six feet above the ground.

The cable of the antenna is buried.

The electrical power cable, if any, leading to the antenna is equipped with a ground fault interrupter.

Not more than one antenna is located on any one zoning lot.

(5)

Group homes for people with disabilities in which no more than seven unrelated persons reside, where the residence or operator has obtained the proper license or certification from the state, and the group home is located at least 350 feet of from any existing community residence as measured from lot line to lot line.

(6)

Antennas which are to be installed on existing towers or other structures.

(7)

Horticultural activities such as farming, truck gardens and nurseries where no sale of products is conducted on the premises.

(b)

Special uses. The following shall be special uses in the C Conservation and Residential Estate District:

(1)

Public elementary and high schools, and parochial and private schools having curriculums similar to those in public schools.

(2)

Churches and temples, but only when located upon a zoning lot containing three or more acres and upon a major or heavily travelled street.

(3)

Private or public country clubs and golf courses, but not courses lighted for night play or driving ranges.

(4)

Horticultural activities such as farming, truck gardens, and nurseries, where the sale of agricultural or agriculturally related products is conducted on the premises.

(5)

Cemeteries.

(6)

Colleges and universities.

(7)

Planned developments as defined in section 5-2-2.

(8)

Outdoor dish antennas which do not meet the conditions set forth in subsection (a)(4) of this section.

(9)

The storage of equipment or tools of trade belonging solely to the occupant of the property and used by the occupant in his or her business or profession. Any such special use permit which is granted pursuant to this section shall be subject to a requirement that any such equipment or tools of trade must at all times be stored completely within the interior of an accessory building. Under no circumstances shall any such special use permit authorize the operation of a business, trade or occupation from the subject premises unless such business or profession qualifies as a home occupation under the provisions of this title.

(10)

Group homes in which more than seven unrelated persons reside.

(11)

Group homes that are located within 350 feet of any existing community residence as measured from lot line to lot line.

(12)

Group homes for which the state does not require a license or certification.

(13)

Halfway houses.

(14)

Emergency shelters.

(15)

Hospices.

(16)

Towers complying with the provisions of title 4.

(17)

Certain construction activities within a steep slope zone in accordance with the provisions of chapter 15 of this title.

(18)

The siting and construction of a small wind energy conversion system which complies with the wind energy code.

(19)

Accessory buildings exceeding or inconsistent with one or more of the limitations imposed by sections 5-6-1, 5-6-3, 5-6-4 and 5-6-5(6).

(20)

The keeping of certain livestock subject to the following limitations:

The zoning lot upon which livestock is kept shall have an area of not less than six acres.

No livestock other than horses and alpacas may be kept under authority of this subsection.

The density of livestock kept under authority of this subsection shall not exceed one animal for every 1½ acres of the zoning lot upon which livestock is kept.

All livestock shall be contained by escape-resistant enclosures.

No enclosure containing livestock and no structure housing livestock shall be located within 100 feet of any residence located on any adjacent lot.

All livestock and all enclosures or structures used to contain or house livestock shall be maintained in a clean and sanitary condition.

Manure shall not be allowed to accumulate on the zoning lot containing livestock. Manure generated by such livestock shall be disposed of in a lawful manner.

Odors generated by livestock shall not disturb occupants of adjoining lots.

(21)

Equine subdivisions as defined and limited in section 5-2-2 and approved as a planned development pursuant to chapter 13 of this title.

(22)

Principal or accessory buildings with exterior finishes inconsistent with the limitations imposed by section 5-4-10(b)(6).

(23)

The siting and construction of solar energy systems which under the solar energy code require a special use under the provisions of title 4, chapter 19.

(24)

Wineries, subject to the following limitations:

A zoning lot upon which a winery is located shall have an area of not less than 15 acres.

Any commercial buildings utilized in conjunction with the winery shall be located not less than 200 feet from the lot lines of adjacent parcels.

Wineries shall include on-site cultivation of not less than five acres of grapes or other fruit along with the actual production of wine on the site from grapes or other fruit produced on the site.

Retail sales of wine by the bottle shall not occur before 8:00 a.m. or after 7:00 p.m. on any day.

Banquets, wedding receptions, anniversary parties, birthday parties or other events or gatherings shall not be conducted before 12:00 noon or after the official time of sunset.

Amplified music shall be limited to the interior of totally enclosed permanent structures and shall not under any circumstance unreasonably disturb the owners of adjoining property.

Lighting on the facility shall be designed in such a manner as to focus on the facility and avoid unreasonable disturbance of the owners of adjoining property.

(25)

Tree farming.

As used in this subsection (25), the term "tree farming" means the felling, harvesting, and minimal processing of trees on the zoning lot or lots upon which this activity is being conducted.

The zoning lot or lots upon which the tree farming activity is being conducted must have an area of not less than ten contiguous acres.

A principal structure for use in the tree farming operations may be constructed on a zoning lot being used for tree farming activities.

The tree farming activities must be conducted in compliance with a forestation plan approved by the state department of natural resources or other similar entity.

(26)

Beekeeping.

Definitions. The following words, terms and phrases, when used in this subsection (b)(26), shall have the meanings ascribed to them in this subsection (b)(26)a, except where the context clearly indicates a different meaning:

Apiary means a place where bee colonies are kept, being the assembly of one or more colonies of bees at a single location.

Bee means any stage of the common domestic honeybee, Apis Mellifera species.

Beekeeping equipment means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards, and extractors.

Colony means a hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood.

Honeybee means all life stages of the common domestic honeybee, Apis Mellifera species.

Hive means a structure intended for the housing of a bee colony.

Hives. Hives densities may not exceed four hives per 10,000 square feet of lot area. All honeybee colonies shall be kept in hives with moveable frames, which shall be kept in sound and usable condition. Hives shall be operated and maintained per this section and in accordance with state law.

Signage. Each hive shall be conspicuously marked with the owner's name, address, and telephone number, in addition to state requirements.

Location and setback. All hives shall be in the side or rear yard only, at least ten feet from any adjoining property line with the back of the hive facing the nearest adjoining property. Setbacks, spacing, and orientation must be indicated on a site plan, with two feet by three feet per hive. No setbacks are required on rooftop installations.

Water. Each beekeeper shall ensure that a convenient source of water is always available to the bees during the year so that the bees will not congregate at swimming pools, pet watering bowls, bird baths or other water sources where they may cause human, bird or domestic pet contact. The water shall be maintained so as not to become stagnant. The water shall be in a location that minimizes any nuisance created by bees seeking water on neighboring property.

Maintenance. Each beekeeper shall ensure that no bee comb or other materials are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure. All associated items, including screening, must be maintained in good condition.

Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to re-queen the colony. Queens shall be selected from European stock bred for gentleness and non-swarming characteristics.

Swarming control. Appropriate measures shall be taken to control swarming.

Conduct and registration requirements.

It is unlawful for any person to maintain an apiary or to keep any colony on any property in a manner that threatens public health or safety or creates a nuisance.

A person shall not locate or allow a hive on property owned or occupied by another person without first obtaining written permission from the owner or occupant.

Each beekeeper shall be registered with the state and submit proof to the city prior to the establishment of a hive. All unregistered hives are considered a nuisance.

(27)

Police station or fire station.

(28)

Marinas.

(29)

Keeping chickens in accordance with the procedures and limitations set forth in section 10-2-4.24 and the following additional requirements and limitations:

Any person desiring to keep chickens in the city shall file an application with the director of planning and zoning containing the following information:

The name of the applicant.

The name of the owner of the premises where chickens are proposed to be kept.

The number of chickens to be kept on the premises.

A site plan showing the location on the premises of the facilities housing the chickens, including the distances from adjacent property lines and adjacent structures.

A description of the facilities which will house the chickens, including, without limitation, the manner of construction and the exterior appearance.

No more than ten special use permits will be issued and maintained in the city at any one time for the keeping of chickens.

All properties must be at least one acre in size.

Any enclosure housing chickens shall be subject to regulations governing accessory buildings under the zoning code (title 5), including placement on the property. At a minimum, no enclosure shall be placed closer than 15 feet from any lot line. Placement of enclosures will not be permitted adjacent to waterways or other environmentally sensitive areas.

The director may require verification of the health of the chickens from a licensed veterinarian.

Proximity to properties outside of the city limits will be given preference in consideration of the special use.

(c)

Building height. The maximum height of buildings permitted in the C Conservation and Residential Estate District shall be as follows:

(1)

Permitted buildings other than churches: 35 feet and 2½ stories;

(2)

Churches: 75 feet for towers and steeples, but not more than 45 feet for the main structure.

(d)

Lot size.

(1)

Except as provided in section 5-4-4, every building hereafter erected or structurally altered shall be on a lot having an area of not less than one acre, and a width at the right-of-way of not less than 150 feet, or in the case of a lot located on the turnaround of a cul-de-sac street, a width at the right-of-way of not less than 60 feet. The foregoing limitation notwithstanding, planned developments shall have an average area of not less than 10,000 square feet per single-family dwelling.

(2)

Lot coverage. Not more than 30 percent of the area of a lot may be covered by buildings or structures.

(e)

Yard areas. No building shall be erected or enlarged in the C Conservation and Residential Estate District unless the following yards are provided and maintained in connection with such building:

(1)

Front yard. Every lot upon which a building is constructed shall have a front yard of not less than 50 feet. Every corner lot on which a building is constructed shall have a front yard along each adjoining street.

(2)

Side yard. Every lot upon which a building is constructed shall have a side yard on each side not less than 25 feet wide.

(3)

Rear yard. Every lot upon which a building is constructed shall have a rear yard of not less than 25 feet in depth.

(4)

Platted building setbacks. Under some circumstances, a building to be constructed or enlarged will be located on a lot created by a recorded plat which contains or is subject to building setback or yard requirements which exceed the preceding front, side or rear yard requirements. Under such circumstances, the greater requirement shall apply.

(5)

Permitted obstructions. The following shall not be considered as obstructions when located within or over required yards:

Fences or walls not over six feet in height within the side or rear yards and not over three feet in height within the front yard; provided, however, that no fence or wall shall be erected within 25 feet of a street intersection. Any fence with posts visible primarily from only one side of the fence shall be erected so that the posts face the interior of the property upon which the fence is erected. All fences and walls permitted under this section require a building permit prior to construction.

Front yard fences of not more than six feet in height are permitted on corner lots improved with a building, but only in that front yard which the front of the principal building located on the corner lot does not face, provided that such fence is set back from the street line no less than ten feet or one-half the width of the front yard, whichever is greater.

Overhanging eaves which extend not more than 24 inches into the required front, side and rear yard.

An open terrace, but not including a roofed-over porch or terrace, may occupy a portion of a front yard, provided the remaining unoccupied portion of the front yard has a depth, when measured from the front lot line, of not less than 15 feet. All terraces permitted under this section require a building permit prior to construction.

An open terrace, porch or deck, but not including a roofed-over terrace, porch or deck, may occupy a portion of a required rear yard, provided that the remaining unoccupied portion of the required rear yard has a depth, when measured from the rear lot line, of not less than ten feet. All terraces, porches or decks permitted under this section require a building permit prior to construction.

(f)

Dwelling standards. Every one-story dwelling hereafter erected in any C Conservation and Residential Estate District shall have a total ground floor area of not less than 1,100 square feet. Every dwelling of more than one story hereafter erected in any C Conservation and Residential Estate District shall have a total floor area of not less than 1,400 square feet. Any split-level dwelling or any dwelling utilizing a portion of a basement as finished living area must meet the dwelling standards set forth for a two-story structure. No attached garage shall have an area which is the greater than the ground floor area of the dwelling unit to which it is attached.

(Code 1994, § 5-8-2; Ord. No. 2004, 9-25-1984; Ord. No. 2348, 2-27-1990; Ord. No. 2669, §§ 2, 3, 10-5-1993; Ord. No. 2697, § 1, 1-18-1994; Ord. No. 2994, §§ 4, 5, 6-17-1997; Ord. No. 3034, § 1, 11-18-1997; Ord. No. 3033, § 2, 12-2-1997; Ord. No. 2781, § 1, 1-20-1998; Ord. No. 3214, §§ 1, 2, 5-23-2000; Ord. No. 3583, §§ 3, 4, 1-18-2005; Ord. No. 3682, § 3, 4-4-2006; Ord. No. 3819, § 3, 7-8-2008; Ord. No. 3829, § 2, 9-2-2008; Ord. No. 3843, § 1, 11-4-2008; Ord. No. 3868, §§ 1, 2, 4-21-2009; Ord. No. 3961, § 1, 3-22-2011; Ord. No. 4071, § 1, 12-4-2012; Ord. No. 4089, § 2, 2-5-2013; Ord. No. 4171, § 1, 6-17-2014; Ord. No. 4209, §§ 1, 2, 3-3-2015; Ord. No. 4317, § 3, 2-7-2017; Ord. No. 4354, § 1, 1-16-2018; Ord. No. 4387, § 2, 6-19-2018; Ord. No. 4519, § 1, 10-20-2020; Ord. No. 4642, § 1, 4-19-2022; Ord. No. 4674, § 1, 10-4-2022; Ord. No. 4714, § 1, 4-4-2023; Ord. No. 4783, § 1, 3-5-2024)

Sec. 5-9-3. - R-1 One-Family Dwelling District.

(a)

Permitted uses. The following shall be permitted uses in the R-1 One-Family Dwelling District:

(1)

One-family dwellings.

(2)

Public-owned parks.

(3)

Public, elementary and high schools, public and parochial and private schools having curriculums similar to those in public schools.

(4)

Rectories or parish houses to be occupied by not more than ten persons.

(5)

Temporary buildings and uses for construction purposes for a period not exceeding the duration of such construction.

(6)

Accessory buildings, as defined herein and as regulated by chapter 6 of this title.

(7)

Home occupations, as defined in this title.

(8)

Signs, as regulated by chapter 16 of this title.

(9)

Off-street parking facilities, as required or permitted by chapter 7 of this title.

(10)

Outdoor dish antennas which meet the conditions set forth in section 5-9-2(a)(4).

(11)

Group homes for people with disabilities in which no more than seven unrelated persons reside, where the residence or operator has obtained the proper license or certification from the state, and the group home is located at least 350 feet from any existing community residence as measured from lot line to lot line.

(12)

Antennas which are to be installed on existing towers or other structures.

(b)

Special uses. The following uses may be allowed by special use permit in the R-1 district in accordance with the provisions of section 5-12-10:

(1)

Public or private country clubs and golf courses, but not courses lighted for night play or driving ranges.

(2)

Hospitals or sanitariums, public or private.

(3)

Municipal or privately owned recreation building or community center, when operated not for profit.

(4)

Planned developments as defined in section 5-2-2.

(5)

Police station or fire station.

(6)

Private park or playground.

(7)

Public utility facilities, pumping station, heat or power plant, transformer station and other similar public facilities.

(8)

Horticultural activities such as farming, truck gardens and nurseries where no sale of products is conducted on the premises.

(9)

Day care centers.

(10)

Elimination of restrictions on expansion, enlargement, or reconstruction of nonconforming uses, subject to nonconforming special use application, hearing, findings, and required conditions as outlined in sections 5-5-8 and 5-12-10.

(11)

Churches, convents and monasteries.

(12)

Outdoor dish antennas which do not meet the conditions set forth in section 5-9-2(a)(4).

(13)

(14)

Dog and cat grooming facilities but only under all of the following conditions:

No more than five cages used for temporarily holding dogs or cats to be groomed on the premises shall be located on the subject premises at any one time. No such cage shall be permanently affixed to the subject premises and each shall have a droppings pan.

Not more than one resident of the subject property may be engaged in the business of grooming dogs and cats thereon. No person engaged in the business of grooming dogs and cats shall employ anyone to engage in such activities on the subject premises.

Not more than one grooming table and one drying table shall be located on the subject premises at any one time.

No dog or cat brought to the subject premises for the purposes of grooming may be placed in any outdoor run, kennel or fenced area on the premises.

On-premises signs advertising the dog or cat grooming operation are prohibited.

The boarding of dogs or cats on the subject premises is prohibited.

At any time from 7:00 a.m. to 8:00 p.m. of any day, the operator of the dog or cat grooming facility shall allow an inspection of the subject premises by representatives of the city for the purposes of determining compliance with all applicable provisions of local, state or federal laws or regulations.

No person shall engage in the business of grooming dogs or cats on the subject premises except between the hours of 8:00 a.m. and 6:00 p.m. No dogs or cats brought to the subject premises to be groomed may be located on the premises except between the hours of 8:00 a.m. and 6:00 p.m.

The operator of any dog or cat grooming facility shall maintain any current city license which may at any time be required as a condition precedent to conduct such operation.

No dog or cat grooming facility shall be located in kitchen, living room, bedroom or other room used for the purpose of human habitation.

That portion of the residence used for the grooming of pets shall contain power ventilation and a concrete floor equipped with a floor drain.

(15)

Group homes in which more than seven unrelated persons reside.

(16)

Group homes that are located within 350 feet of any existing community residence as measured from lot line to lot line.

(17)

Group homes for which the state does not require a license or certification.

(18)

Halfway houses.

(19)

Emergency shelters.

(20)

Hospices.

(21)

Short-term rentals but only in accordance with title 3, chapter 28 (license requirement for short-term rentals), and provided that the driveway or parking area serving the short-term rental shall be large enough to accommodate one vehicle for each guestroom, plus sufficient parking for the operator's vehicles when the operator also resides at the short-term rental property. No more than 15 active special uses for short-term rentals shall be permitted within the city limits at any given time.

(22)

Towers complying with the provisions of title 4.

(23)

Certain construction activities within a steep slope zone in accordance with the provisions of chapter 15 of this title.

(24)

HAM radio towers, but only under the following conditions:

The HAM radio tower must at its base meet all setback requirements for accessory structures.

The HAM radio tower may not at its base be closer to the boundary of the zoning lot upon which the tower is located than a distance equal to or greater than one-half of the height of the tower.

The HAM radio tower may not exceed a height of 75 feet, including the tower and any associated antenna.

Neither the HAM radio tower, nor any transmissions to or from the HAM radio tower shall interfere with the transmission or reception of electromagnetic signals by any other electronic device on any other property.

(25)

The siting and construction of a small wind energy conversion system which complies with title 4, chapter 17.

(26)

Accessory buildings exceeding or inconsistent with one or more of the limitations imposed by sections 5-6-1, 5-6-3, 5-6-4 and 5-6-5(6).

(27)

Principal or accessory buildings with exterior finishes inconsistent with the limitations imposed by section 5-4-10(b)(6).

(28)

The siting and construction of solar energy systems which under the solar energy code require a special use under the provisions of title 4, chapter 19.

(29)

Boutique lodging.

As used in this subsection (29), the term "boutique lodging" means a building or structure kept, used, or maintained as, or advertised or held out to the public (which includes listing or advertisement on an overnight lodging website) to be used for overnight lodging with sleeping rooms, guestrooms, dormitories, or similar accommodations for hire or rent for a period of one day or more. Boutique lodging does not include a property or structure that falls within the definition of a short-term rental as found under title 3, chapter 29.

The operator of the boutique lodging establishment must comply with the provisions of title 3, chapter 26 regarding the city's hotel/motel room rental tax. Each guestroom within the boutique lodging establishment when rented individually, or the entire boutique lodging facility when the facility is rented as a whole, shall be considered a "hotel or motel room" and shall be subject to the tax pursuant to title 3, chapter 26. The operator of the boutique lodging establishment shall collect and remit to the city such hotel/motel taxes in compliance with all terms and requirements of title 3, chapter 14 and shall be subject to all other requirements and provisions set forth in the chapter as if being the owner of a hotel or motel within the city. No operator of the boutique lodging establishment shall willfully fail to file tax returns with the city showing hotel-motel tax receipts received for each guestroom (or the facility when rented as a whole) or to make such payments as required pursuant to title 3, chapter 25.

The operator of a boutique lodging establishment shall maintain a hotel license in accordance with sections 3-14-3 and 3-14-4. The operator of a boutique lodging establishment shall further maintain a guest registry in accordance with section 3-14-13.

A boutique lodging facility shall meet or exceed the requirements of the 2012 IBC, as well as the life safety requirements set forth in the current NFPA 101 Life Safety Code Edition adopted by the city, based on their occupancy classification as determined by the fire chief or designee (see section 1-5-3), which shall also include:

Interlinked (either through direct wiring or wireless interaction) smoke detectors in every room with sleeping accommodations and on every floor occupied by a guest or as otherwise approved by the fire chief (or designee);

Carbon monoxide detection within 15 feet of every room with sleeping accommodations and on every floor occupied by a guest;

Sufficiently sized fire extinguisher on each floor occupied by a guest that is properly mounted or installed and inspected by a state-licensed contractor or with a receipt of purchase within the last calendar year; and

The operator shall be responsible for maintaining records to indicate that all smoke and carbon monoxide detectors have been tested for proper operation on a monthly basis.

The boutique lodging facility shall not be used by the operator or by guests for parties, gatherings, events where persons who are not guests are in attendance in the facility or on the associated property or grounds.

Sufficient parking shall be available to accommodate the number of guests in the boutique lodging facility, as determined by the director of planning and community development.

Each guest who is provided overnight accommodation in the boutique lodging facility shall be provided soap and clean individual bath cloths and towels. Clean bed linens in good repair shall be provided for each guest who is provided accommodations and shall be changed between guests and as often as necessary. Clean linen shall be stored and handled in a sanitary manner.

Each guest must stay in the boutique lodging facility for a minimum of one night, but no guest may stay in boutique lodging facility for more than 29 consecutive days.

The use of exterior signage or display on the zoning lot which contains the boutique lodging establishment or any adjacent zoning lots to indicate the existence of the boutique lodging establishment may be permitted on a case-by-case basis. However, under no circumstances shall the permitted signage or display exceed 20 square feet in size.

(30)

Event centers.

As used in this subsection (30), the term "event center" means a building or structure kept, used, or maintained as, or advertised or held out to the public for use for private special events on an occasional basis, including weddings, receptions, birthday parties, reunions, and fundraising events for not-for-profit organizations.

An event center shall meet or exceed the requirements of the 2012 IBC, as well as the life safety requirements set forth in the current NFPA 101 Life Safety Code Edition adopted by the city, based on their occupancy classification as determined by the fire chief or designee (see section 1-5-3).

Sufficient parking shall be available to accommodate the number of guests in the event center.

Amplified music shall be limited to the interior of totally enclosed permanent structures and shall not under any circumstance unreasonably disturb the owners of adjoining property.

Lighting on the property shall be designed in such a manner as to focus on the event center structure and adjacent parking area and avoid unreasonable disturbance of the owners of adjoining property.

The use of exterior signage or display on the zoning lot which contains the event center facility or any adjacent zoning lots to indicate the existence of the event center facility may be permitted on a case-by-case basis. However, under no circumstances shall the permitted signage or display exceed 20 square feet in size.

(31)

Beekeeping, as defined in section 5-9-2(b)(26).

(c)

Building height. The maximum height of buildings permitted in the R-1 district shall be as follows:

(1)

Dwellings, schools, convents, monasteries, rectories and parish houses: 35 feet and not over 2½ stories.

(2)

Churches: 75 feet for towers or steeples, but not more than 45 feet for the main structure.

(d)

Lot size. Lot sizes in the R-1 district shall be as follows:

(1)

Every dwelling hereafter erected or structurally altered shall be on a lot having a minimum width of 75 feet and a minimum depth of 110 feet except as provided in section 5-4-4.

(2)

Schools, convents, monasteries, rectories and parish houses used as meeting places hereafter erected or structurally altered shall be on a lot having an area of not less than three acres.

(3)

Lot coverage. Not more than 40 percent of the area of a lot may be covered by buildings or structures.

(e)

Yard areas. No building shall be erected or enlarged in the R-1 district unless the following yards are provided and maintained in connection with such building or enlargement:

(1)

Front yard. Except as hereafter provided in this subsection with respect to lots in areas with established setbacks, each lot upon which a building is constructed shall have a front yard setback of not less than 30 feet. Every corner lot on which a building is constructed shall have a front yard along each adjoining street.

Established setbacks. When lots comprising 40 percent or more of the frontage along one side of the block have an established setback of less than 30 feet, the average of such front yards shall establish the minimum front yard depth.

Prohibited parking and storage. No required front yard shall be used for open-air parking or storage. However, this shall not be construed to prohibit the parking of passenger automobiles in a driveway.

(2)

Side yard. Each lot upon which a building is constructed shall have a side yard of at least seven feet on each side.

(3)

Rear yard. Every lot upon which a building is constructed shall have a rear yard of not less than 25 feet in depth.

(4)

Platted building setbacks. Under some circumstances, a building to be constructed or enlarged in the R-1 district will be located on a lot created by a recorded plat which contains or is subject to building setback or yard requirements which exceed the preceding front, side or rear yard requirements. Under such circumstances the greater requirements shall apply.

(5)

Permitted structures in required yards. The following shall not be considered as obstructions when located within or over required yards in the R-1 district:

Fences or walls shall not be over six feet in height in rear yards and side yards, and not over three feet in height in front yards except that fences of the chain link or wire panel with wood framing type may extend to a height of four feet in front yards. No wire fence, other than wire panels with wood framing, shall be permitted in a front yard and no wall or fence shall be permitted within 25 feet of a street intersection. Any fence with posts visible primarily from only one side of the fence shall be erected so that the posts face the interior of the property upon which the fence is erected with posts not extending above the height of the fencing such that the top of the posts are not visible from the exterior of the property (unless finished with a topper or ornamental lighting fixture). All fences and walls permitted under this section require a building permit prior to construction.

Overhanging eaves which extend not more than 24 inches into the required front, side and rear yard.

An open terrace, but not including a roofed over porch or terrace, may occupy a portion of a front yard, provided the remaining unoccupied portion of the front yard has a depth, when measured from the front lot line, of not less than 15 feet. All terraces permitted under this section require a building permit prior to construction.

An open terrace, porch or deck, but not including a roofed-over porch or terrace, may occupy a portion of a required rear yard, provided that the remaining unoccupied portion of the required rear yard has a depth, when measured from the rear lot line, of not less than ten feet. All terraces, porches or decks permitted under this section require a building permit prior to construction.

(f)

Dwelling standards. Every one-story dwelling hereafter erected in any R-1 One-Family Dwelling District shall have a total ground floor area of not less than 1,100 square feet. Every dwelling of more than one story hereafter erected in any R-1 district shall have a total floor area of not less than 1,400 square feet. Any split-level dwelling or any dwelling utilizing a portion of a basement as finished living area must meet the dwelling standards set forth for a two-story structure. No attached garage shall have an area which is greater than the ground floor area of the dwelling unit to which it is attached.

(Code 1994, § 5-8-3; Ord. No. 1894, 10-5-1982; Ord. No. 2004, 9-25-1984; Ord. No. 2348, 2-27-1990; Ord. No. 2645, § 1, 4-20-1993; Ord. No. 2669, §§ 4, 5, 10-5-1993; Ord. No. 2697, § 2, 1-18-1994; Ord. No. 2734, § 2, 5-3-1994; Ord. No. 2994, §§ 6, 7, 6-17-1997; Ord. No. 3034, § 2, 11-18-1997; Ord. No. 3033, § 3, 12-2-1997; Ord. No. 2781, § 2, 1-20-1998; Ord. No. 3583, §§ 5, 6, 1-18-2005; Ord. No. 3682, § 4, 4-4-2006; Ord. No. 3768, § 3, 1-29-2008; Ord. No. 3819, § 4, 7-8-2008; Ord. No. 3829, § 3, 9-2-2008; Ord. No. 3843, § 2, 11-4-2008; Ord. No. 3868, §§ 3, 4, 4-21-2009; Ord. No. 3871, § 4, 6-2-2009; Ord. No. 3961, § 2, 3-22-2011; Ord. No. 3985, § 3, 7-5-2011; Ord. No. 4129, § 2, 1-7-2014; Ord. No. 4171, § 2, 6-17-2014; Ord. No. 4209, §§ 3, 4, 3-3-2015; Ord. No. 4317, § 4, 2-7-2017; Ord. No. 4354, § 2, 1-16-2018; Ord. No. 4530, § 1, 12-1-2020; Ord. No. 4559, § 3, 4-6-2021; Ord. No. 4598, § 1, 10-5-2021; Ord. No. 4624, § 2, 1-4-2022; Ord. No. 4642, § 1, 4-19-2022; Ord. No. 4673, § 1, 9-20-2022; Ord. No. 4747, § 1, 9-19-2023; Ord. No. 4784, § 5, 3-19-2024)

Sec. 5-9-4. - R-2 One-Family Dwelling District.

(a)

Permitted uses. Any uses permitted in the R-1 One-Family Dwelling District are permitted in the R-2 One-Family Dwelling District.

(b)

Special uses. Any use permitted as a special use in the R-1 One-Family Dwelling District may be permitted in any R-2 district in accordance with the provisions of section 5-12-10.

(c)

Building height. The same building height regulations as required in the R-1 district shall apply in the R-2 district (see section 2-18-3(c)).

(d)

Lot size. Lot sizes in the R-2 district shall be as follows:

(1)

Every dwelling hereafter erected or structurally altered shall be on a lot having a minimum width of 60 feet and a minimum depth of 100 feet, except as provided in section 5-4-4.

(2)

Churches, schools, convents, monasteries shall be on a tract containing not less than three acres and rectories and parish houses erected or structurally altered shall be on a lot having an area of not less than 10,000 square feet and a width at the building line of not less than 80 feet.

(3)

Lot coverage. Not more than 40 percent of the area of a lot may be covered by buildings and structures.

(e)

Yard areas. No building shall be erected or enlarged in the R-2 district unless the following yards are provided and maintained in connection with such building, structure or enlargement:

(1)

Front yard. The same regulations shall apply as required in the R-1 district.

(2)

Side yard. The same regulations shall apply as required in the R-1 district.

(3)

Rear yard. Every lot upon which a building is constructed shall have a rear yard of not less than 25 feet in depth.

(4)

Platted building setbacks. Under some circumstances, a building to be constructed or enlarged in the R-2 district will be located on a lot created by a recorded plat which contains or is subject to building setback or yard requirements which exceed the preceding front, side or rear yard requirements. Under such circumstances, the greater requirement shall apply.

(5)

Permitted obstructions. Obstructions within or over the minimum required yards in the R-2 district shall be subject to the same regulations and limitations as in the R-1 district.

(f)

Dwelling standards. Every one-story dwelling hereafter in any R-2 One-Family Dwelling District shall have a total ground floor area of not less than 900 square feet. Every dwelling of more than one story hereafter erected in any R-2 district shall have a total floor area of not less than 1,200 square feet. Any split-level dwelling or any dwelling utilizing a portion of a basement as finished living area must meet the dwelling standards set forth for a two-story structure. At least 50 percent of the first floor facade of any part of a dwelling unit facing any street shall include that portion of the dwelling unit containing habitable space and shall not include any portion of the unit used as a garage.

(Code 1994, § 5-8-4; Ord. No. 1320, 11-23-1976; Ord. No. 2348, 2-27-1990; Ord. No. 2669, §§ 6, 7, 10-5-1993; Ord. No. 3583, §§ 7, 8, 1-18-2005; Ord. No. 4129, § 3, 1-7-2014)

Sec. 5-9-5. - R-3 Two-Family Dwelling District.

(a)

Permitted uses. The following shall be permitted uses in the R-3 Two-Family Dwelling District:

(1)

Any use permitted in the R-2 One-Family Dwelling District.

(2)

Two-family dwellings.

(3)

Three- and four-family dwellings, as transitional use, when located on lots having a side lot line adjoining or when facing a business or manufacturing use, or a railroad right-of-way, provided the building is located on a lot having a width of not less than 70 feet and has an area of not less than 7,800 square feet.

(4)

Transitional nonresidential off-street parking when authorized by the city council as stipulated in section 5-7-3.

(5)

Zero lot line duplexes.

(b)

Special uses. Any use permitted as a special use in the R-1 One-Family Dwelling District may be permitted in the R-3 district in accordance with the provisions of section 5-12-10.

(c)

Building height. The same building height regulations as required in the R-1 One-Family Dwelling District shall apply in the R-3 Two-Family Dwelling District.

(d)

Lot size. Lot sizes in the R-3 Two-Family Dwelling District shall be as follows:

(1)

One-family dwellings. Every dwelling hereafter erected or structurally altered shall be on a lot having a minimum width of 60 feet and a minimum depth of 100 feet except as provided in section 5-4-4.

(2)

Two-family dwellings. Every two-family dwelling hereafter erected or structurally altered shall be on a lot having an area of not less than 7,800 square feet, and a width at the building line of not less than 70 feet, except as provided in section 5-4-4(b).

(3)

Converted dwellings. An existing one-family dwelling located on a lot of less area than required in this chapter may be converted to a two-family dwelling without increasing the lot size, provided that the building is not enlarged beyond its present outside dimensions and that all other regulations of this title are complied with. Additions may be made to an existing building only when lot size and yard requirements of this chapter are complied with.

(4)

Churches, schools, convents, monasteries, rectories and parish houses. The same regulations shall apply as required in the R-2 districts.

(5)

Lot coverage. Not more than 40 percent of the area of a lot may be covered by buildings or structures.

(e)

Yard areas. No building shall be erected or enlarged in the R-3 district unless the following yards are provided and maintained in connection with such building, structure or enlargement:

(1)

Front yard. The same regulations shall apply as required in the R-1 district.

(2)

Side yard.

One-family detached dwelling. The same regulations shall apply as required in the R-1 districts (see section 5-9-3(e)(2)).

Two-family dwelling. The same regulations shall apply as required for one-family detached dwellings.

Converted dwelling. An existing one-family dwelling located on a lot having side yards of less width than required herein may be converted to a two-family dwelling, provided that the building is not enlarged beyond its present outside dimensions.

(3)

Rear yard. Every lot upon which a building is constructed shall have a rear yard of not less than 25 feet.

(4)

(5)

Permitted obstructions. Obstructions within or over the minimum required yards shall be subject to the same regulations and limitations as in the R-1 district.

(f)

Dwelling standards. Each dwelling hereafter erected, converted or reconstructed in any R-3 district shall contain floor area in compliance with the following:

(1)

One-family detached dwelling shall have a total ground floor area of not less than 800 square feet. Every one-family detached dwelling of more than one story hereafter erected in any R-3 two-family district shall have a total floor area of not less than 1,200 square feet. Any split-level dwelling or any dwelling utilizing a portion of a basement as finished living area must meet the dwelling standards set forth for a two-story structure. At least 50 percent of the first-floor facade of any part of a dwelling unit facing any street shall include that portion of the dwelling unit containing habitable space and shall not include any portion of the unit used as a garage.

(2)

Two-family, three-family and four-family dwelling structures shall have a total floor area of not less than 500 square feet per dwelling unit.

(Code 1994, § 5-8-5; Ord. No. 2348, 2-27-1990; Ord. No. 2669, § 8, 10-5-1993; Ord. No. 3032, § 3, 12-2-1997; Ord. No. 3583, § 9, 1-18-2005; Ord. No. 4129, § 4, 1-7-2014)

Sec. 5-9-6. - R-4 Multiple-Family Dwelling District.

(a)

Permitted uses. The following shall be permitted uses in the R-4 Multiple-Family Dwelling District:

(1)

Any use permitted in the R-3 district except that no minimum area shall be required for churches, schools or institutions.

(2)

One-family row dwellings (party wall type) with not more than six dwelling units in a building.

(3)

Multiple-family dwellings and apartments.

(4)

Emergency shelters for victims of domestic abuse not located within 660 feet of any existing community residence as measured from lot line to lot line.

(b)

Special uses. The following uses may be allowed in the R-4 district by special use permit in accordance with the provisions of this title:

(1)

Any use permitted as a special use in the R-1 One-Family Dwelling District may be permitted in any R-4 district in accordance with the provisions of section 5-12-10.

(2)

Off-street public parking areas and garages, provided there is a need for this facility and that no appropriate site is available in nearby business or manufacturing districts.

(3)

Public buildings including art gallery, library, museum or similar structures.

(4)

Rest homes and nursing homes.

(5)

Telephone exchanges, antenna towers and other outdoor equipment essential to the operation of the exchange.

(6)

Mobile home parks, subject to title 3, chapter 15.

(7)

Transitional uses. Boardinghouses, lodginghouses, tourist homes having not more than five rooms for transient guests, principal offices of physicians, dentists, lawyers, architects and similar professional occupations, provided that:

Such use is conducted in a residential structure used primarily as a home;

Such residential structure is located on a lot having a sideline adjoining a lot in a business or manufacturing district or adjacent to a railroad right-of-way or when facing business or manufacturing district or a railroad right-of-way directly across a street or alley;

The lot on which the transitional use is located does not extend more than 75 feet from the adjoining business or manufacturing district or more than 120 feet in depth from the street line in cases where the lot does not adjoin but faces a business or manufacturing district; and

The transitional use is conducted in conjunction with the use of a dwelling unit as a home by the occupant thereof and that the residential character of the exterior of the dwelling is not changed. Medical clinics are not included or permitted.

(8)

Outdoor satellite dishes or other outdoor parabolic apparatus designed to receive electromagnetic transmissions which apparatus is more than three feet in diameter.

(9)

Halfway houses.

(10)

Emergency shelters, other than those for victims of domestic violence.

(11)

Hospices.

(c)

Building height. No building in the R-4 district shall hereafter be erected or structurally altered to exceed five stories nor shall it exceed 55 feet in height.

(d)

Yard area. No building in the R-4 district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building or enlargement:

(1)

Front yard. Each lot upon which a building is constructed shall have a front yard setback of 30 feet wherein there shall be no structure of any kind, and no open-air parking or storage.

(2)

Side yard. On interior lots there shall be a side yard on each side of the main building of not less than ten feet or 15 feet for any side yard adjacent to property located in the R-1, R-2 or R-3 residential dwelling districts.

(3)

Rear yard. Every lot upon which a building is constructed shall have a rear yard of not less than 25 feet.

(4)

Platted building setbacks. Under some circumstances, a building to be constructed or enlarged in the R-4 district will be located on a lot created by a recorded plat which contains or is subject to building setback or yard requirements which exceed the preceding front, side or rear yard requirements. Under such circumstances, the greater requirement shall apply.

(5)

Lot coverage. Not more than 40 percent of the area of a lot in the R-4 district may be covered by buildings or structures.

(6)

Courts. No inner court or courts completely surrounded on all sides by a building shall be permitted in the R-4 district. Outer courts are permitted provided the depth of the court is no greater than the width of the court.

(7)

Dwelling standards. The dwelling standards for the R-4 district shall be the same as section 5-9-5(f), efficiency apartments which shall have a total floor area of not less than 350 square feet.

(8)

Lot size. Every building hereafter erected or structurally altered as a multiple-family dwelling, apartment or row dwelling of three or more dwelling units in the R-4 Multiple-Family Dwelling District shall provide a lot area per dwelling unit of not less than 2,000 square feet. No other building hereafter erected or structurally altered in the R-4 district shall have a total lot area of less than 6,000 square feet, nor a lot width at the established building line of less than 60 feet.

(Code 1994, § 5-8-6; Ord. No. 1811, 9-29-1981; Ord. No. 1931, 5-17-1983; Ord. No. 2348, 2-27-1990; Ord. No. 2669, § 9, 10-15-1993; Ord. No. 2697, § 3, 1-18-1994; Ord. No. 3583, §§ 10, 11, 1-18-2005; Ord. No. 4105, § 1, 4-30-2013)

Sec. 5-9-7. - R-5 Senior Living Facilities District.

(a)

Permitted uses. The following shall be permitted uses in the R-5 Senior Living Facilities District if they are limited to senior citizens (age 55 on up):

(1)

One-family row dwellings (party wall type).

(2)

Multiple-family dwellings and apartments.

(3)

Rest homes and nursing homes.

(4)

Emergency shelters for victims of domestic abuse not located within 660 feet of any existing community residence as measured from lot line to lot line.

(b)

Special uses. The following uses may be allowed in the R-5 district by special use permit in accordance with the provisions of this title:

(1)

Any use permitted as a special use in the R-1 One-Family Dwelling District may be permitted in any R-5 district in accordance with the provisions of section 5-12-10.

(2)

Off-street public parking areas and garages, provided there is a need for this facility and that no appropriate site is available in nearby business or manufacturing districts.

(3)

Public buildings including art gallery, library, museum or similar structures.

(4)

Hospices.

(5)

Telephone exchanges, antenna towers and other outdoor equipment essential to the operation of the exchange.

(6)

Mobile home parks, subject to title 3, chapter 15.

(7)

Transitional uses. Boardinghouses, lodging houses, tourist homes having not more than five rooms for transient guests, principal offices of physicians, dentists, lawyers, architects and similar professional occupations, provided that:

Such use is conducted in a residential structure used primarily as a home;

(8)

Outdoor satellite dishes or other outdoor parabolic apparatus designed to receive electromagnetic transmissions which apparatus is more than three feet in diameter.

(9)

Halfway houses.

(10)

Emergency shelters, other than those for victims of domestic violence.

(11)

Buildings taller than 55 feet.

(c)

Building height. No building in the R-5 district shall hereafter be erected or structurally altered to exceed five stories nor shall it exceed 55 feet in height, unless permitted by special use.

(d)

Yard area. No building in the R-5 district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building or enlargement:

(1)

Front yard. Each lot upon which a building is constructed shall have a front yard setback of 30 feet wherein there shall be no structure of any kind or outdoor storage.

(2)

(3)

Rear yard. Every lot upon which a building is constructed shall have a rear yard of not less than 25 feet.

(4)

Platted building setbacks. Under some circumstances, a building to be constructed or enlarged in the R-5 district will be located on a lot created by a recorded plat which contains or is subject to building setback or yard requirements which exceed the preceding front, side or rear yard requirements. Under such circumstances, the greater requirement shall apply.

(5)

Lot coverage. Not more than 40 percent of the area of a lot in the R-5 district may be covered by buildings or structures.

(6)

Courts. No inner court or courts completely surrounded on all sides by a building shall be permitted in the R-5 district. Outer courts are permitted.

(7)

Dwelling standards. The dwelling standards for the R-5 district shall be the same as section 5-9-5(f), efficiency apartments which shall have a total floor area of not less than 350 square feet.

(8)

Lot size. Every building hereafter erected or structurally altered as a multiple-family dwelling, apartment or row dwelling of three or more dwelling units in the R-5 Senior Living Facility District shall provide a lot area per dwelling unit of not less than 2,000 square feet. No other building hereafter erected or structurally altered in the R-5 district shall have a total lot area of less than 6,000 square feet, nor a lot width at the established building line of less than 60 feet.

(Ord. No. 4839, § 1, 2-18-2025)