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Elmwood Park City Zoning Code

SECTION 1406

RESIDENCE DISTRICTS

1406.01 Residence Districts Provisions.

A. 
Home Occupations.
1. 
Permitted home occupations in all residence districts shall be any business or occupation located within a single-family detached dwelling or other residential structure and carried on by a member of the immediate family residing within the dwelling in connection with which:
a. 
The home occupation is incidental and secondary to the use of the dwelling for dwelling purposes and does not occupy more than 1/4 of the floor area of a story or cellar;
b. 
There are no signs, display or activity that will indicate from the exterior that the building is being used, in part, for any purposes other than that of a dwelling;
c. 
No commodities are to be stored or delivered for sale on the premises of a single-family detached dwelling or its accessory structure(s);
d. 
There is no person other than one additional member of the immediate family residing on the premises employed or otherwise engaged in the home occupation;
e. 
All activity is conducted completely within the dwelling unit;
f. 
There are no special structural alterations or construction features to the dwelling, nor the installation of special equipment attached to walls, floors or ceilings;
g. 
There is no perceptible noise, odor, smoke, electrical interference or vibration emanating from the structure or any danger to the surrounding neighbors;
h. 
There is no more than one customer or client on the premises at the same time and;
i. 
There is no activity between the hours of 10:00 p.m. and 8:00 a.m.
2. 
In addition, permitted home occupations in all residence districts shall be any business or occupation conducted within any residential structure other than a single-family detached dwelling and carried on by a member of the immediate family residing within the dwelling unit in connection with which:
a. 
The home occupation is incidental and secondary to the use of the dwelling unit for dwelling purposes and does not occupy more than 1/4 of the floor area of the dwelling unit;
b. 
There are no signs, display or activity that will indicate from the exterior that the building is being used, in part, for any purposes other than that of a dwelling;
c. 
No commodities are to be stored or delivered for sale on the premises or its accessory structure(s);
d. 
There is no person other than one additional member of the immediate family residing on the premises employed or otherwise engaged in the home occupation;
e. 
All activity is conducted completely within the dwelling unit;
f. 
There are no special structural alterations or construction features to the dwelling unit, nor the installation of special equipment attached to walls, floor or ceilings;
g. 
There is no perceptible noise, odor, smoke, electrical interference or vibration emanating from the dwelling unit or any danger to the surrounding neighbors;
h. 
Customers or clients may not visit or enter the premises for commercial purposes;
i. 
There is no activity between the hours of 10:00 p.m. and 8:00 a.m.
3. 
The only modification to the standards in 1a above shall be those specified as special uses within the regulations of a Residence District.
B. 
Required Usable Open Space.
1. 
In all residence districts there shall be provided and perpetuated on every lot, used in whole or in part, for dwelling purposes, minimum usable open spaces as follows:
a. 
For single-family detached, two family detached, and townhouses-the area of the required yards, except that when more than 30% of the required yards are occupied by off-street parking spaces and access drives, there shall be within the buildable area of the lot, usable open spaces having area equivalent to at least the area by which such uses exceed 30% yard coverage.
b. 
For three-family detached and multiple-family dwellings in structures three stories or less in height-as set forth in "a" above, provided the usable open spaces shall not be less than 250 square feet of area per dwelling unit.
c. 
For multiple-family dwellings in structures over three stories in height-as set forth in "a" above, provided the usable spaces shall not be less than 100 square feet dwelling unit.
C. 
More than One Residential Structure on a Lot. There shall be no more than one residential structure located upon a single lot. When two or more structures which contain two family detached and townhouses or two or more three-family detached or multiple-family dwelling structures, or combinations thereof, are on a lot or on contiguous lots comprising a unified development under the same ownership or control, the application for development shall be processed as a Planned Development, and the spacing between buildings shall be as provided in the approved planned development documents.

1406.02 Permitted and Special Uses in Residential Districts.

Key:
P
=
Permitted
S
=
Special Use
NP
=
Not Permitted
R-1A, R-1B & R-1
R-2
R-3
R-4
Use
Special Condit- ion Code No. (1406.03
Use
Special Condit- ion Code No. (1406.03)
Use
Special Condit- ion Code No. (1406.03)
Use
Special Condit- ion Code No. (1406.03)
A.
Residential uses:
1.
Single-family detached
P
P
P
P
2.
Townhouse
NP
P
P
P
3.
Two-family detached
NP
P
P
P
4.
Three-family detached
NP
P
P
P
5.
Multiple-family
NP
NP
P
P
6.
Planned development
NP
S
S
S
B.
Nonresidential uses:
1.
Art galleries, museums, historical buildings, and other landmarks preserved for public inspection
NP
NP
S
S
2.
Business uses permitted in B-1 and B-2 districts
NP
NP
NP
S
3.
Churches, chapels, temples, or synagogues:
a.
On a lot not less than 1 acre
P
P
P
P
b.
On a lot less than 1 acre but not less than 10,000 square feet
S
S
S
S
4.
Convents, monasteries, and seminaries, on a lot not less than 2 acres
S
S
S
S
5.
Golf courses, standard, public, semipublic or private, provided that any clubhouse or accessory building shall be located not less than 200 feet from any lot line
S
NP
NP
NP
6.
Institutions for the care of the aged and for children (not including nursing homes) on a lot not less than 15,000 square feet
NP
NP
S
S
7.
Nursing homes, on a lot not less than 15,000 square feet
NP
NP
S
S
8.
Parking:
a.
Parking, off street, public or private as an accessory use, when on a lot in a nonresidential district
S
1
S
1
S
1
S
1
b.
Parking, off street, public or private as an accessory use, when on a lot in an R-3 residence district or an R-4 residence district contiguous or adjacent to a lot in a nonresidential district showing a special use (S) and "special conditions, code no. (1406.03)" (1a)
NP
NP
S
1a
S
1a
9.
Parks and playgrounds, public and private, not for profit
P
P
P
P
10.
Philanthropic and eleemosynary institutions, but not including business uses sponsored by such institutions, except as accessory thereto and in the principal building
NP
NP
S
S
11.
Schools, elementary, junior high, high, or junior college-nonboarding
P
P
P
P
12.
Schools, elementary, junior high, high or junior collage-boarding
NP
S
S
S
13.
Temporary buildings for construction purposes, for a period not to exceed such construction
P
P
P
P
14.
Utility, public and governmental uses
S
S
S
S
15.
Accessory uses to the above uses, including, but not limited to:
a.
Home occupations, as regulated in subsection 1406.01A of this appendix
P
P
P
P
b.
Home occupations, in a single-family detached dwelling including not more than 2 employee who does not reside in the dwelling
NP
NP
P
P
16.
Signs as regulated in Section 1409 of this appendix and as follows:
a.
Identification signs in accordance with the use of the lot
P
P
P
P
b.
"For Sale" and "To Rent" signs
P
P
P
P
c.
"New Development" signs
P
P
P
P
17.
Small community residences:
a.
Conforming to special condition no. 2
P
2
P
2
P
2
P
2
b.
Failing to meet all requirements of special condition no. 2, except that community residences or operators denied a required local or state license are prohibited
S
S
S
S
18.
Large community residences:
a.
Conforming to special condition no. 2
S
S
P
2
P
2b Failing to meet all require- ments of special condition no. 2, except that comm- unity residence as or operators denied a required local or State license are pro- hibit- edSSSS
19.
Short term rental
NP
NP
NP
NP

1406.03 Special Conditions.

Prior to the authorization for a special use, and the granting of a special use permit, special conditions where identified in Section 1406.02 of this appendix shall be required in addition to compliance with the requirements for satisfactory plans, specifications, public hearings and other conditions which may be required. The following list of special conditions are identified by code numbers corresponding to those which appear in Section 1406.02 of this appendix in connection with specific special uses.
Code No.
Description
1.
Such special use for off street parking accessory to a nonresidential use may be permitted on a lot in a residence district when: a) such lot is contiguous to a lot in a business or mixed use district, b) a dense landscape screen is provided along all exterior lines adjoining a residence district and c) the front yard required in the residence district is maintained and landscaped with grass, shrubs and trees.
1a.
Such special use for off street parking accessory to a nonresidential use may be permitted on a lot in an R-3 residence district or R-4 residence district when: 1) such lot is contiguous or adjacent to a lot in a business or mixed use district, 2) a dense landscape screen is provided along all exterior lines adjoining a residence district, 3) the front yard required in the residence district is maintained and landscaped with grass, shrubs and trees, and upon receiving written notification from the director of code administration that an application for a special use hereunder has been filed, investigate said request and obtain written statistical data, prepared pursuant to direction of the committee from the Village police department, and certify in writing to the Village board and Plan, Zoning and Development Commission that the requested accessory off street parking is necessary to alleviate vehicular congestion. Upon such certification, the application shall be lodged with the Plan, Zoning and Development Commission with the requisite fee as provided by Section 1411.13 of this appendix and pursuant to the procedures provided in subsection 1411.11C of this appendix.
2.
The sponsoring agency must obtain an administrative occupancy permit prior to establishing a community residence. No dwelling unit shall be occupied as a community residence until a certificate of occupancy has been issued by the office of the director of code administration. No certificate of occupancy shall be issued for a community residence unless:
a.
The community residence is located at least 1,000 feet from any existing community residence, as measured from lot line to lot line;
b.
The applicant demonstrates that it has either obtained or is eligible for state or local licensing or certification to operate the proposed community residence, or that the proposed community residence is licensed or certified or eligible for licensing or certification; and
c.
The proposed community residence must comply with all other applicable municipal codes, including code requirements for minimum bedroom space or living space per occupant.
The office of the director of code administration may revoke a certificate of occupancy for a community residence if its license or certification, or the operator's license or certification, or the operator's license or certification to operate community residences is revoked. No certificate of occupancy shall be issued pursuant to this section until the applicant has obtained that state or local license or certification to operate the proposed community residence for which its eligible. A certificate of occupancy is not transferable to another operator or to another location.
3.
For buildings in excess of 75 feet in height, if authorized pursuant to special use procedures as set forth in Section 1411.11 of this appendix, the minimum lot size shall be 25,000 square feet.

1406.04 Bulk and Development Standards in Residential Districts.

[Amended 1-4-2021 by Ord. No. 2021-02]
Sketch No.
R-1A
R-1B
R-1
R-2
R-3
R-4
A. Minimum Lot Area Per Dwelling Unit (square feet)
Single-family detached
1-4
6,200
5,000
3,750
3,125
3,125
3,125
2-family detached
5
n/a
n/a
n/a
3,125
3,125
3,125
Townhouse
6/7
n/a
n/a
n/a
3,125
3,125
3,125
3-family detached
8
n/a
n/a
n/a
2,083
2,083
2,083
Multiple-family
9/10
n/a
n/a
n/a
n/a
1,875
1,250
Multifamily above first-floor commercial
11/12
n/a
n/a
n/a
n/a
n/a
n/a
Nonresidential
—
10,000
10,000
10,000
6,250
6,250
6,250
B. Minimum Lot Width (feet)
Single-family detached
1-4
50
40
30
25
25
25
2-family detached
5
n/a
n/a
n/a
50
50
50
Townhouse
6/7
n/a
n/a
n/a
25 per unit
25 per unit
25 per unit
3-family detached
8
n/a
n/a
n/a
50
50
50
Multiple-family
9/10
n/a
n/a
n/a
n/a
60
60
Multifamily above first-floor commercial
11/12
n/a
n/a
n/a
n/a
n/a
n/a
Nonresidential
—
90
90
90
50
50
50
C. Maximum FAR
Single-family detached
1-4
n/a
n/a
n/a
n/a
n/a
n/a
2-family detached
5
n/a
n/a
n/a
n/a
n/a
n/a
Townhouse
6/7
n/a
n/a
n/a
n/a
n/a
n/a
3-family detached
8
n/a
n/a
n/a
n/a
n/a
n/a
Multiple-family
9/10
n/a
n/a
n/a
n/a
1.5
3
Multifamily above first-floor commercial
11/12
n/a
n/a
n/a
n/a
n/a
n/a
Nonresidential
—
0.5
0.5
0.5
0.6
0.75
1.5
D. Maximum Height (feet)
Single-family detached
1-4
(a) 30***
(a) 30**
(a) 30*
(a)30*
(a)30*
(a) 30*
(b) 35***
(b) 32**
(b) 32*
(b) 35*
(b) 35*
(b) 35*
2-family detached
5
n/a
n/a
n/a
35
35
35
Townhouse
6/7
n/a
n/a
n/a
35
35
35
3-family detached
8
n/a
n/a
n/a
35
35
35
Multiple-family
9/10
n/a
n/a
n/a
n/a
40
75
Multifamily above first-floor commercial
11/12
n/a
n/a
n/a
n/a
n/a
n/a
Nonresidential
—
40
40
40
40
50
50
E. Minimum Yards (feet)
1. Front†
Single-family detached
1-4
30
30
30
30
30
30
2-family detached
5
n/a
n/a
n/a
30
30
30
Townhouse
6/7
n/a
n/a
n/a
30
30
30
3-family detached
8
n/a
n/a
n/a
30
30
30
Multiple-family
9/10
n/a
n/a
n/a
n/a
30
30
Multifamily above first-floor commercial
11/12
n/a
n/a
n/a
n/a
n/a
n/a
Nonresidential
—
30
30
30
30
30
30
2. Interior side/corner side
Single-family detached
1-4
(c)
(c)
(c)
(c)
(c)
(c)
2-family detached
5
n/a
n/a
n/a
(c)
(c)
(c)
Townhouse
6/7
n/a
n/a
n/a
5
5
5
3-family detached
8
n/a
n/a
n/a
(c)
(c)
(c)
Multiple-family
9/10
n/a
n/a
n/a
n/a
(d)
(d)
Multifamily above first-floor commercial
11/12
n/a
n/a
n/a
n/a
n/a
n/a
Nonresidential
—
10
10
10
10
(d)
(d)
3. Rear
Single-family detached
1-4
(f)
(f)
(f)
(f)
(f)
(f)
2-family detached
5
n/a
n/a
n/a
(f)
(f)
(f)
Townhouse
6/7
n/a
n/a
n/a
(f)
(f)
(f)
3-family detached
8
n/a
n/a
n/a
(f)
(f)
(f)
Multiple-family
9/10
n/a
n/a
n/a
n/a
(g)
(g)
Multifamily above first-floor commercial
11/12
n/a
n/a
n/a
n/a
n/a
n/a
Nonresidential
—
30
30
30
30
(g)
(g)
Notes:
(a)
Flat, mansard or gambrel roof.
(b)
Gable or hip roof.
(c)
Aggregate of 20% of lot width; three feet minimum, each.
(d)
Three feet per story, each.
(e)
None required, but a minimum of three feet if provided.
(f)
15% of lot depth, but no less than 10 feet.
(g)
10 feet plus one foot per story.
*
Any single-family structure located on a lot with less than 30 feet of frontage shall be reduced in height one foot for every foot or fraction thereof less than 30 feet, to a maximum reduction of five feet.
**
Any single-family structure located on a lot with less than 40 feet of frontage shall be reduced in height one foot for every foot or fraction thereof less than 40 feet, to a maximum reduction of five feet.
***
Any single-family structure located on a lot with less than 50 feet of frontage shall be reduced in height one foot for every foot or fraction thereof less than 50 feet, to a maximum reduction of five feet.
†
Subject to the provisions of Section 1404.04 of this Code.