All applications for a permitted or special use set forth in each zoning district shall be submitted to the Zoning Administrator for a use interpretation, pursuant to the standards and procedures set forth in Section 6-3-9, "Administrative Interpretations," of this Ordinance.

Accessory uses and structures that are incidental to the permitted and special uses in the residential districts shall be permitted in the districts and yards specified in Section 6-4-6, "Accessory Uses and Structures," of this Ordinance.

Multiple-family residential uses, planned developments, and non-residential uses in residential districts shall be subject to site plan review, in accordance with the provisions of Chapter 3, "Implementation and Administration," of this Ordinance, and the separate Design and Project Review Ordinance, Ordinance No. 50-O-14, as amended.

(Ord. No. 66-O-15, § 11, 6-22-2015)

Off-street parking and loading facilities shall be provided for all residential districts in accordance with the regulations set forth in Chapter 16, "Off-Street Parking and Loading," of this Ordinance.

Landscaping and screening shall be provided for in all residential districts in accordance with the regulations set forth in Chapter 17, "Landscaping and Screening," of this Ordinance, Ordinance No. 31-0-93, as amended.

Signs in all residential districts shall comply with the applicable sign regulations set forth in the Sign Ordinance ^[3] of the City.

Any historic landmark structure located in a residential district shall be subject to the provisions of the Historic Preservation Ordinance and the additional requirements set forth in Chapter 15, "Special Purposes and Overlay Districts," of this Ordinance. See Appendix C for a list of all historic landmark structures in Evanston, by address.

The following dormer requirements shall apply to all roof cuts on a pitched roof located above the second story:

(A)

Total side dormers shall occupy no more than thirty percent (30%) of the length of a side wall;

(B)

A side dormer shall not be located within the twenty percent (20%) of the length of the side wall closest to the front facade;

(C)

A front dormer shall occupy no more than thirty percent (30%) of the length of the front building face. The dormer shall be located within the center sixty percent (60%) of the length of the front facade (i.e., a front dormer shall not be located within the twenty percent (20%) of the length of the front facade at either edge of the facade).

(Ord. No. 72-O-12, § 7, 10-22-2012)

Circular driveways shall be permitted in the R1 single-family residential districts subject to administrative approval, including a permit from the Traffic Engineer, provided the following conditions are met:

(A)

The lot on which the circular driveway will be constructed is at least seventy-five (75) feet wide.

(B)

The lot fronts on one (1) of the following major streets: Ridge Avenue or Crawford Avenue and, for that reason, the use of a noncircular driveway may create a hazardous and unsafe traffic condition endangering the health, safety and welfare of the public.

(C)

The area devoted to pavement shall not exceed thirty percent (30%) of the required front or side yard abutting a street in which the driveway is located.

(D)

The circular driveway does not protrude into required side yard.

In addition to the general requirements for planned developments set forth in Section 6-3-6, "Planned Developments," the Land Use Commission shall not recommend approval of, nor shall the City Council adopt a planned development in the residential districts unless they shall determine, based on written findings of fact, that the planned development adheres to the standards set forth herein.

(A)

General Conditions:

1.

Each planned development shall be compatible with surrounding development and not be of such a nature in height, bulk, or scale as to exercise any influence contrary to the purpose and intent of the Zoning Ordinance as set forth in Section 6-1-2, "Purpose and Intent."

If the proposed planned development is for a property listed as an Evanston landmark, or for property located within an historic district listed on the National Register of Historic Places or for property located within a historic district so designated by the Evanston Preservation Commission, the planned development shall be compatible with the "Secretary of the Interior's Standards for Rehabilitation" as set forth in the National Historic Preservation Act of 1966, as amended.

2.

Each planned development shall be compatible with and implement the adopted Comprehensive General Plan, as amended, any adopted land use or urban design plan specific to the area, this Zoning Ordinance, and any other pertinent City planning and development policies, particularly in terms of:

(a)

Land use.

(b)

Land use intensity.

(c)

Housing.

(d)

Preservation.

(e)

Environmental.

(f)

Traffic impact and parking.

(g)

Impact on schools, public services and facilities.

(h)

Essential character of the neighborhood.

(i)

Neighborhood planning.

(j)

Conservation of the taxable value of land and buildings throughout the City and retention of taxable land on tax rolls.

3.

Each planned development shall be completed within two (2) years of the issuance of the special use permit for the planned development. If extensive or staged development is approved as part of the planned development however, the two (2) year requirement may be extended to provide for a more reasonable time schedule. The expanded time schedule shall be adopted as part of the planned development and so noted on the special use permit for a planned development.

4.

No special use permit for a planned development shall be valid for a period longer than one (1) year unless a building permit is issued and construction is actually begun within that period and is diligently pursued to completion. The City Council may, however, for good cause shown, extend the one (1) year period for such time as it shall determine, without further hearing before the Land Use Commission. The City Council may, at its sole discretion, place conditions on the extension in order to assure that the planned development is diligently pursued to its completion.

5.

All landscaping treatment within the planned development shall be provided in accordance with the requirements set forth in Chapter 17, "Landscaping and Screening," and shown on the required landscape plan submitted as part of the planned development application.

(B)

Site Controls and Standards: The following site controls and standards are established to provide a regulatory framework that will promote excellence in site design. Their establishment is not intended to restrict or inhibit the Design and Project Review Committee or the applicant from applying other site design principles and standards that may be applicable to the planned development being proposed and that may be found in the City's Manual of Design Guidelines or in common use by design professionals.

1.

The minimum area for a planned development established in the residential districts shall be as follows:

For planned developments established in the R1 district the minimum ground floor area for new construction shall be as follows:

2.

For each planned development there shall be submitted a tree preservation statement evaluating each building site as to whether desirable tree stands or other natural features exist and can be preserved. The preservation statement shall be made part of the required landscape plan submitted as part of the planned development application.

3.

For all boundaries of the planned development not immediately abutting dedicated and improved public streets, there shall be provided a transition landscaped strip of at least ten (10) feet consisting of vegetative screening, fencing, or decorative walls in accordance with the Manual of Design Guidelines and Chapter 17, "Landscape and Screening." Natural features or tree stands identified as desirable in the tree preservation statement shall be incorporated in the transition landscaped strip where possible. The transition landscaped strip and its treatment shall be depicted on the required landscape plan submitted as part of the planned development application.

4.

Walkways developed for a planned development shall form a logical, safe and convenient system for pedestrian access to all dwelling units, all project facilities, as well as any off-site destination likely to attract substantial pedestrian traffic. Walkways, when used by substantial numbers of children as play areas, routes to school or other principal destinations, shall be so located and safeguarded as to minimize contacts with normal automobile traffic. Street crossings shall be located, designed, and marked to promote the utmost safety. If substantial bicycle traffic is anticipated, bicycle paths shall be incorporated into the walkway system. Pedestrian ways shall not be used by other automotive traffic.

5.

The location, construction, and operation of parking, loading areas, and service areas shall be designed to avoid adverse effects on residential uses within or adjoining the development.

6.

Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic.

7.

The planned development shall provide, if possible, for underground installation of utilities (including electricity and telephone) both in public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm water facilities including grading, gutter, piping, and treatment of turf and maintenance of facilities.

8.

For every planned development there shall be provided a market feasibility statement that shall indicate the consumer market areas for all uses proposed in the development, the population potential of the area or areas to be served by the uses proposed and other pertinent information concerning the need or demand for such uses of land.

9.

For every planned development involving twenty (20) or more dwelling units there shall be provided a traffic circulation impact study that shall show the effect of all proposed uses upon adjacent and nearby roads and highways. The study also shall show the amount and direction of all anticipated traffic flow and clearly describe what road improvements and traffic control improvements might become necessary as a result of the construction of the proposed development.

10.

The Zoning Administrator may, at his discretion, require of the applicant additional studies or impact analyses when he determines that a reasonable need for such investigation is indicated.

(C)

Development Allowances: As provided in Section 6-3-6, "Planned Developments," the Land Use Commission may recommend approval of, and the City Council may grant, site development allowances for planned developments established in the residential districts. These allowances shall be limited as follows:

1.

The maximum height increase over that otherwise permitted in the residential districts shall be no more than twelve (12) feet.

2.

The maximum increase in the number of dwelling units, over that otherwise permitted in the residential districts, shall be:

(a)

R1: None.

(b)

R2: None.

(c)

R3: None.

(d)

R4: Twenty-five percent (25%).

(e)

R5: Twenty-five percent (25%).

(f)

R6: Twenty-five percent (25%).

3.

The location and placement of buildings may vary from that otherwise permitted in the residential districts, however, at no time shall any dwelling be closer than fifteen (15) feet from any street or development boundary line, unless otherwise approved as a site development allowance by the City Council. Further, the minimum spacing between any two (2) residential buildings within the planned development shall be twelve (12) feet.

4.

The maximum increase in building lot coverage, including accessory structures over that otherwise permitted in the residential districts shall be as follows:

(a)

R1: Ten percent (10%).

(b)

R2: Ten percent (10%).

(c)

R3: Ten percent (10%).

(d)

R4: Fifteen percent (15%).

(e)

R5: Fifteen percent (15%).

(f)

R6: Twenty percent (20%).

(D)

Mandatory Planned Development Minimum Thresholds: Any development the land use of which is listed among the permitted uses or special uses for the individual zoning district in which the subject property is located meeting any one (1) of the following characteristics may only be authorized as a planned development in accordance with Section 6-3-6 of this Title. For purposes of this Subsection, "new construction" is defined as construction that results in the zoning lot being improved with substantially new structures, and/or construction conforming to the definition of a "substantial rehabilitation and substantial additions" in Section 6-18-3 of this Title.

1.

The area of the zoning lot to be improved with new construction is in excess of thirty thousand (30,000) square feet.

2.

The development provides for the construction of more than twenty-four (24) new residential units. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty-four (24) dwelling unit threshold when determining whether a planned development is required.

3.

The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any commercial, business, retail or office uses.

4.

The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any residential, commercial, business, retail, or office uses. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty-four (24) dwelling unit threshold when determining whether a planned development is required.

5.

The development plan for which application for a building permit is made provides for the new construction of more than twenty thousand (20,000) square feet of gross floor area under one (1) roof for any commercial, business, retail or office use. For purposes of this Subsection, gross floor area excludes the area of any floors or portion of floors the volume of which is below the established grade but shall include all accessory areas, areas devoted to parking or loading, elevator shafts, stairwells, space used solely for heating, cooling, mechanical, electrical and mechanical penthouses, refuse rooms and uses accessory to the building, notwithstanding floor areas excluded from the calculation of gross floor area by Section 6-18-3 of this Title.

(Ord. No. 43-O-93; Ord. 59-O-04; Ord. No. 66-O-15, § 12, 6-22-2015; Ord. No. 6-O-20, § 1, 1-27-2020; Ord. No. 52-O-22, § 55, 6-27-2022; Ord. No. 53-O-25, § 2(Exh. A), 8-25-2025)

In residential districts wherein it is listed as a special use, office use may occur only in the following instances and subject to the following conditions:

(A)

The subject property shall be adjacent to any B, C, D, RP, O1, MU, MUE, MXE, or I zoning district.

(B)

The subject property shall be improved with, and the office(s) shall be located within, a dwelling originally constructed as a single-family detached or two-family dwelling.

(C)

The Land Use Commission shall consider, make findings of fact regarding, and, if necessary, attach specific conditions to address, the following characteristics of the proposed use:

1.

The number of employees;

2.

The amount of parking;

3.

The amount of traffic;

4.

The number of clients on the subject property at any one (1) time and per day;

5.

The hours of operation;

6.

The hours during which pick up and delivery are permitted;

7.

The manner in which utilities and other services are provided to the area;

8.

Sources of noise, vibrations, smoke, dust, odor, heat, glare, or electrical interference with radio or television transmission to the area;

9.

Exterior alterations to the residential appearance of the subject property, including, but not limited to, creating a separate or exclusive office entrance, signage or other advertising or display to identify the office, fencing, and outdoor storage; and

10.

The taxable value of buildings and land on, and within the vicinity of, the subject property.

(D)

If the City Council grants the special use, the property owner, or his or her agent, shall provide the Cook County assessor's office with appropriate documentation of the nonresidential use of the subject property, including, but not limited to, the amount of floor area devoted to nonresidential use. The property owner, or his or her agent, shall cause to be placed on file in the office of the zoning division a copy of the above described document. Said document and copy shall be received by the Cook County assessor's office and zoning division before the City may issue a final certificate of occupancy for the nonresidential use.

(Ord. 88-O-09; Ord. No. 52-O-22, § 56, 6-27-2022)

Single-family attached dwelling units, commonly referred to as townhouses, shall have frontage on a public street.

(Ord. 95-O-09)

(A)

Any covered development, as defined under City Code Section 5-7-3, providing on-site affordable units and that is otherwise compliant with the City's Inclusionary Housing Ordinance is entitled to the following development bonuses:

1.

For developments providing five percent (5%) on-site affordable housing or ten percent (10%) on-site housing with public financing:

2.

For developments providing ten percent (10%) on-site affordable housing or twenty percent (20%) on-site affordable housing with public financing:

3.

For covered developments and primarily affordable non-covered developments in non-TOD areas that provide on-site affordable units, the parking requirements for the entire development shall be reduced to:

(B)

Residential developments processed as planned developments, shall have bonuses and reductions set forth in this Section calculated prior to the site development allowances set forth in Section 6-8-1-10.

(Ord. No. 117-O-16, § 1, 12-12-2016; Ord. No. 54-O-19, § 2, 7-8-2019)

(A)

Number of Dwelling Units Per Zoning Lot: One (1) efficiency home shall be permitted as a principal use on a zoning lot, regardless of lot size, width, or shape, in all residential zoning districts except as specified in Section 6-4-1-6(C) of this Title.

(B)

Zoning Relief: Any zoning relief requested in conjunction with the initial new construction of an Efficiency Home development shall be considered as one (1) special use and shall not require major variation approval. Efficiency homes may request zoning relief by major or minor variation following the completion of the initial development construction.

(C)

Yard Requirements:

Residential Structures:

1.

Front yard: Twenty-seven (27) feet; parking prohibited.

2.

Side yard abutting a street: Ten (10) feet; parking prohibited.

3.

Side yard: Three (3) feet.

4.

Rear yard: Three (3) feet.

(D)

Maximum Building Height: The maximum building height for any Efficiency Home shall not exceed twenty-eight (28) feet, measured from grade to the highest point of said structure, or two (2) stories, whichever is less.

(E)

Building Lot Coverage and Impervious Surface: The maximum building lot coverage and impervious surface coverage shall comply with the maximum allowable amount in the underlying zoning district.

(Ord. No. 13-O-21, § 2, 3-22-2021; Ord. No. 19-O-24, § 3, 3-11-2024)

The R1 single-family residential district is intended to provide for single-family development at the lowest density within the City, and to preserve the present physical character of that area while allowing for infill development.

(Ord. No. 43-O-93)

The provisions of the residential estate overlay district as set forth in Section 6-15-12, "oRE Residential Estate Overlay District," of this Title may apply to development in the R1 single-family residential district. Refer to the City of Evanston zoning map for the exact location of the oRE overlay district.

(Ord. No. 43-O-93)

The following uses are permitted in the R1 district:

Daycare home—Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title).

Daycare home—Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title).

Dwelling—Single-family detached.

Dwelling—Two-family (when located in a historic district designated by the Evanston preservation commission and constructed prior to the effective date hereof).

Educational institution—Public.

Efficiency home (subject to the general requirements of Section 6-8-1-14, "Efficiency Homes," of this Title).

Home occupation (subject to the general requirements of Chapter 5, "Home Occupations," of this Title).

Neighborhood garden.

Park.

Playground.

Residential care home—Category I (subject to the general requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

(Ord. No. 43-O-93; Ord. No. 81-O-14, § 23, 8-11-2014; Ord. No. 13-O-21, § 3, 3-22-2021)

The following uses may be allowed in the R1 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title:

Bed and breakfast establishments (subject to the general requirements of Section 6-4-7, "Bed and Breakfast Establishments," of this Title).

Cemetery.

Child residential care home.

Cultural facility.

Daycare center—Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title).

Daycare center—Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title).

Education institution—Private.

Efficiency home (when additional zoning relief is requested, subject to the general requirements of Section 6-8-1-14, "Efficiency Homes," of this Title).

Planned development (subject to the requirements of Section 6-8-1-10, "Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title).

Public utility.

Religious institution.

Residential care home—Category II (subject to the general requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

Transitional treatment facility—Category I (subject to the general requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title).

(Ord. No. 43-O-93; amd. Ord. 40-O-95; Ord. No. 13-O-21, § 4, 3-22-2021)

The minimum lot size in the R1 district is seven thousand two hundred (7,200) square feet, except as expressly allowed in Subsection 6-4-1-7(B) of this Title.

(Ord. 70-O-07)

The minimum lot width in the R1 district is thirty-five (35) feet.

(Ord. No. 43-O-93)

The maximum lot coverage in the R1 district is thirty percent (30%).

On a zoning lot that is: a) used for a "dwelling" or dwellings as herein defined, and b) legally nonconforming as to building lot area, when a land user seeks zoning certification for a building permit to replace an existing detached garage with a garage having the same ground floor area as the existing garage, such construction shall be an allowed continuance of the legal nonconforming building lot coverage.

(Ord. 109-O-02; Ord. No. 86-O-20, § 4, 9-29-2020)

The minimum yard requirements for the R1 district are as follows ^[4]:

(Ord. No. 43-O-93)

(A)

The maximum building height for any principal structure in the R1 district, including any exterior knee-wall, shall not exceed thirty-five (35) feet, measured from grade to the highest point of said structure, or two and one-half (2 1/2) stories, whichever is less.

(B)

Any building or structure legally existing as of the effective date of Ordinance 72-O-12 shall be deemed compliant with this maximum building height requirement and, with regards to height, shall have the status of a legally permitted building or structure, not a noncompliance. Such conforming status shall continue in the event said building is destroyed by a means not within control of the owner thereof and shall allow for construction of a replacement building or structure at the height of the destroyed building or structure.

(Ord. 70-O-07; Ord. No. 72-O-12, § 2, 10-22-2012)

(A)

The maximum impervious surface ratio for the R1 district is forty-five percent (45%).

(B)

The impervious surface ratio is calculated by dividing the total defined net impervious surfaces on the zoning lot by the area of the zoning lot.

(C)

The total defined net impervious surfaces on the zoning lot are all areas included in building lot coverage plus any hard surfaced, nonnaturally occurring area that does not readily absorb water, including, but not limited to, any paved, asphalt or concrete areas, parking and graveled driveway areas, swimming pools, sidewalks, and paved recreation areas subject to the following exemptions:

1.

Any area, including open parking, paved or unpaved, included in the calculation of building lot coverage, shall not be twice counted in the calculation of total defined net impervious surface.

2.

Subject to the porch exemption of Section 6-8-2-11 of this Chapter, the following standards govern the classification of structures commonly referred to as decks:

(a)

Uncovered Decks with Permeable Surface Areas Underneath: Any uncovered deck, or a portion thereof, covering three percent (3%) of the lot area will be excluded from building lot coverage and impervious surface coverage calculation. Any lot area covered by an open deck above and beyond the initial three percent (3%) will count towards the building lot coverage and impervious surface coverage calculation.

(b)

Uncovered Decks with Impermeable Surface Areas Underneath: One hundred percent (100%) of the lot area covered by an uncovered deck counts towards building lot coverage and impervious surface area

3.

Twenty percent (20%) of areas covered by paving made of impervious material to the extent that they cover an area that maintains a demonstrable level of porosity whether soil, sand, gravel, or similar material shall be excluded from the calculation of net impervious surfaces.

4.

Twenty-five percent (25%) of areas covered by paving blocks made of permeable materials and pervious paving systems to the event that they cover an area that maintains a demonstrable level of porosity whether soil, sand, gravel, or similar material shall be excluded from the calculation of net impervious surfaces.

(D)

Driveways or walkways legally existing as of the effective date hereof may be replaced or repaired, provided that the replacing or the repairing is in the same or lesser dimensions as existed on the effective date hereof.

(Ord. 112-O-03; Ord. No. 165-O-15, § 2, 5-23-2016)

Excluded from the calculation of maximum building lot coverage and maximum impervious surface for all residential districts are the following:

(A)

Fifty percent (50%) of the surface area of porches with the following characteristics:

1.

Open to the air;

2.

Not all weather;

3.

Roofed or not roofed;

4.

Screened or not screened;

5.

Facing a street;

6.

Not a rear or back porch or any portion of a porch between the rear wall of the house and the rear lot line; and

7.

Not separated from the street right of way by a fence with both an opacity exceeding sixty percent (60%) and a height exceeding forty-eight (48) inches.

(Ord. 112-O-03)

In the R1 district on any zoning lot served by an open alley, access to any on site parking, enclosed or unenclosed, shall not cross the front or street side yard lot line(s) subject to the following exception: On properties improved with legally existing street loading garages or other on site parking both served by legally existing curb cuts, as of the effective date hereof, said street loading garages or other on site parking may be replaced even if on site parking can access the subject property by an alley.

(Ord. 112-O-03; Ord. No. 68-O-23, § 19, 7-14-2023)

The R2 single-family residential district is intended to provide for small lot single-family development at a relatively low density and to preserve the present physical character of that area while providing for initial development.

(Ord. No. 43-O-93)

The following uses are permitted in the R2 district:

Daycare home—Adult (subject to the general requirements of Section 6-4-3, "Adult Day care Homes," of this Title).

Daycare home—Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title).

Dwelling—Single-family detached.

Educational institution—Public.

Efficiency home (subject to the general requirements of Section 6-8-1-14, "Efficiency Homes," of this Title).

Home occupation (subject to the general requirements of Chapter 5, "Home Occupations," of this Title).

Neighborhood garden.

Park.

Playground.

Residential care home—Category I (subject to the general requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

(Ord. No. 43-O-93; Ord. No. 81-O-14, § 24, 8-11-2014; Ord. No. 13-O-21, § 5, 3-22-2021)

The following uses may be allowed in the R2 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title:

Bed and breakfast establishments (subject to the general requirements of Section 6-4-7, "Bed And Breakfast Establishments," of this Title).

Cemetery.

Child residential care home.

Cultural facility.

Daycare center—Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title).

Daycare center—Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title).

Education institution—Private.

Efficiency home (when additional zoning relief is requested, subject to the general requirements of Section 6-8-1-14, "Efficiency Homes," of this Title).

Planned development (subject to the requirements of Section 6-8-1-10, "Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title).

Public utility.

Religious institution.

Residential care homes—Category II (subject to the general requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

Transitional treatment facility—Category I (subject to the general requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title).

(Ord. No. 43-O-93; amd. Ord. 40-O-95; Ord. No. 13-O-21, § 6, 3-22-2021)

The minimum lot size in the R2 district is five thousand (5,000) square feet, except as expressly allowed in Subsection 6-4-1-7(B) of this Title.

(Ord. 70-O-07)

The minimum lot width in the R2 district is thirty-five (35) feet.

(Ord. No. 43-O-93)

The maximum lot coverage in the R2 district is forty percent (40%).

On a zoning lot that is: a) used for a "dwelling" or dwellings as herein defined, and b) legally nonconforming as to building lot area, when a land user seeks zoning certification for a building permit to replace an existing detached garage with a garage having the same ground floor area as the existing garage, such construction shall be an allowed continuance of the legal nonconforming building lot coverage.

(Ord. 109-O-02; Ord. No. 86-O-20, § 5, 9-29-2020)

The minimum yard requirements for the R2 district are as follows ^[5]:

(Ord. No. 43-O-93)

(A)

The maximum building height for any principal structure in the R2 district, including any exterior knee-wall, shall not exceed thirty-five (35) feet, measured from grade to the highest point of said structure, or two and one-half (2 1/2) stories, whichever is less.

(B)

Any building or structure legally existing as of the effective date of Ordinance 72-O-12 shall be deemed compliant with this maximum building height requirement and, with regards to height, shall have the status of a legally permitted building or structure, not a noncompliance. Such conforming status shall continue in the event said building is destroyed by a means not within control of the owner thereof and shall allow for construction of a replacement building or structure at the height of the destroyed building or structure.

(Ord. 70-O-07; Ord. No. 72-O-12, § 2, 10-22-2012)

(A)

The maximum impervious surface ratio for the R2 district is fifty-five percent (55%).

(B)

The impervious surface ratio is calculated by dividing the total defined net impervious surfaces on the zoning lot by the area of the zoning lot.

(C)

The total defined net impervious surfaces on the zoning lot are all areas included in building lot coverage plus any hard surfaced, nonnaturally occurring area that does not readily absorb water, including, but not limited to, any paved, asphalt or concrete areas, parking and graveled driveway areas, swimming pools, sidewalks, and paved recreation areas subject to the following exemptions:

1.

Any area, including open parking, paved or unpaved, included in the calculation of building lot coverage, shall not be twice counted in the calculation of total defined net impervious surface.

2.

Subject to the porch exemption of Section 6-8-3-10 of this Chapter, the following standards govern the classification of structures commonly referred to as decks:

(a)

Uncovered Decks with Permeable Surface Areas Underneath: Any uncovered deck, or a portion thereof, covering three percent (3%) of the lot area will be excluded from building lot coverage and impervious surface coverage calculation. Any lot area covered by an open deck above and beyond the initial three percent (3%) will count towards the impervious surface coverage calculation.

(b)

Uncovered Decks with Impermeable Surface Areas Underneath: One hundred percent (100%) of the lot area covered by an uncovered deck counts towards impervious surface area.

3.

Twenty percent (20%) of areas covered by paving blocks made of impervious material to the extent that they cover an area that maintains a demonstrable level of porosity whether soil, sand, gravel, or similar material shall be excluded from the calculation of net impervious surfaces.

4.

Twenty-five percent (25%) of areas covered by paving blocks made of permeable materials and pervious paving systems to the event that they cover an area that maintains a demonstrable level of porosity whether soil, sand, gravel, or similar material shall be excluded from the calculation of net impervious surfaces.

(D)

Driveways or walkways legally existing as of the effective date hereof may be replaced or repaired, provided that the replacing or the repairing is in the same or lesser dimensions as existed on the effective date hereof.

(Ord. 112-O-03; Ord. No. 165-O-15, § 3, 5-23-2016)

Excluded from the calculation of maximum building lot coverage and maximum impervious surface for all residential districts are the following:

(A)

Fifty percent (50%) of the surface area of porches with the following characteristics:

1.

Open to the air;

2.

Not all weather;

3.

Roofed or not roofed;

4.

Screened or not screened;

5.

Facing a street;

6.

Not a rear or back porch or any portion of a porch between the rear wall of the house and the rear lot line; and

7.

Not separated from the street right of way by a fence with both an opacity exceeding sixty percent (60%) and a height exceeding forty-eight (48) inches.

(Ord. 112-O-03)

In the R2 district on any zoning lot served by an open alley, access to any on site parking, enclosed or unenclosed, shall not cross the front or street side yard lot line(s) subject to the following exception: On properties improved with legally existing street loading garages or other on site parking both served by legally existing curb cuts, as of the effective date hereof, said street loading garages or other on site parking may be replaced even if on site parking can access the subject property by an alley.

(Ord. 112-O-03; Ord. No. 68-O-23, § 20, 7-14-2023)

The R3 two-family residential district is intended to provide for infill development of single-and two-family residences in moderate density neighborhoods and to preserve the present physical character of such neighborhoods.

(Ord. No. 43-O-93)

The following uses are permitted in the R3 district:

Daycare home—Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title).

Daycare home—Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title).

Dwelling—Single-family detached.

Dwelling—Two-family.

Educational institution—Public.

Efficiency home (subject to the general requirements of Section 6-8-1-14, "Efficiency Homes," of this Title).

Home occupation (subject to the general requirements of Chapter 5, "Home Occupations," of this Title).

Neighborhood garden.

Park.

Playground.

Residential care home—Category I (subject to the general requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

(Ord. No. 43-O-93; Ord. No. 81-O-14, § 25, 8-11-2014; Ord. No. 13-O-21, § 7, 3-22-2021)

The following uses may be allowed in the R3 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title:

Bed and breakfast establishments (subject to the general requirements of Section 6-4-7, "Bed And Breakfast Establishments," of this Title).

Cemetery.

Child residential care home.

Cultural facility.

Daycare center—Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title).

Daycare center—Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title).

Educational institution—Private.

Efficiency home (when additional zoning relief is requested, subject to the general requirements of Section 6-8-1-14, "Efficiency Homes," of this Title).

Planned development (subject to the requirements of Section 6-8-1-10, "Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title).

Public utility.

Religious institution.

Residential care homes—Category II (subject to the general requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

Transitional treatment facility—Category I (subject to the general requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title).

(Ord. No. 43-O-93; amd. Ord. 40-O-95; Ord. No. 13-O-21, § 8, 3-22-2021)

The minimum lot size in the R3 district is five thousand (5,000) square feet for single-family dwellings, except as expressly allowed in Subsection 6-4-1-7(B) of this Title, three thousand five hundred (3,500) square feet per dwelling unit for two-family units and seven thousand two hundred (7,200) square feet for nonresidential uses.

(Ord. 70-O-07)

The minimum lot width in the R3 district is thirty-five (35) feet.

(Ord. No. 43-O-93)

The maximum lot coverage, including accessory structures, in the R3 district is forty five percent (45%).

On a zoning lot that is: a) used for a "dwelling" or dwellings as herein defined, and b) legally nonconforming as to building lot area, when a land user seeks zoning certification for a building permit to replace an existing detached garage with a garage having the same ground floor area as the existing garage, such construction shall be an allowed continuance of the legal nonconforming building lot coverage.

(Ord. 109-O-02; Ord. No. 86-O-20, § 6, 9-29-2020)

The minimum yard requirements in the R3 district are as follows ^[6]:

(Ord. No. 43-O-93)

(A)

The maximum building height for any principal structure in the R3 district, including any exterior knee-wall, shall not exceed thirty-five (35) feet, measured from grade to the highest point of said structure, or two and one-half (2 1/2) stories, whichever is less.

(B)

Any building or structure legally existing as of the effective date of Ordinance 72-O-12 shall be deemed compliant with this maximum building height requirement and, with regards to height, shall have the status of a legally permitted building or structure, not a noncompliance. Such conforming status shall continue in the event said building is destroyed by a means not within control of the owner thereof and shall allow for construction of a replacement building or structure at the height of the destroyed building or structure.

(Ord. 70-O-07; Ord. No. 72-O-12, § 2, 10-22-2012)

(A)

The maximum impervious surface ratio for the R3 district is sixty percent (60%).

(B)

The impervious surface ratio is calculated by dividing the total defined net impervious surfaces on the zoning lot by the area of the zoning lot.

(C)

The total defined net impervious surfaces on the zoning lot are all areas included in building lot coverage plus any hard surfaced, nonnaturally occurring area that does not readily absorb water, including, but not limited to, any paved, asphalt or concrete areas, parking and graveled driveway areas, swimming pools, sidewalks, and paved recreation areas subject to the following exemptions:

1.

Any area, including open parking, paved or unpaved, included in the calculation of building lot coverage, shall not be twice counted in the calculation of total defined net impervious surface.

2.

Subject to the porch exemption of Section 6-8-4-10 of this Chapter, the following standards govern the classification of structures commonly referred to as decks:

(a)

Uncovered Decks with Permeable Surface Areas Underneath: Any uncovered deck, or a portion thereof, covering three percent (3%) of the lot area will be excluded from building lot coverage and impervious surface coverage calculation. Any lot area covered by an open deck above and beyond the initial three percent (3%) will count towards the impervious surface coverage calculation.

(b)

Uncovered Decks with Impermeable Surface Areas Underneath: One hundred percent (100%) of the lot area covered by an uncovered deck counts towards impervious surface area.

3.

Twenty percent (20%) of areas covered by paving made of impervious material to the extent that they cover an area that maintains a demonstrable level of porosity whether soil, sand, gravel, or similar material shall be excluded from the calculation of net impervious surfaces.

4.

Twenty-five percent (25%) of areas covered by paving blocks made of permeable materials and pervious paving systems to the event that they cover an area that maintains a demonstrable level of porosity whether soil, sand, gravel, or similar material shall be excluded from the calculation of net impervious surfaces.

(D)

Driveways or walkways legally existing as of the effective date hereof may be replaced or repaired, provided that the replacing or the repairing is in the same or lesser dimensions as existed on the effective date hereof.

(Ord. 112-O-03; Ord. No. 165-O-15, § 4, 5-23-2016)

Excluded from the calculation of maximum building lot coverage and maximum impervious surface for all residential districts are the following:

(A)

Fifty percent (50%) of the surface area of porches with the following characteristics:

1.

Open to the air;

2.

Not all weather;

3.

Roofed or not roofed;

4.

Screened or not screened;

5.

Facing a street;

6.

Not a rear or back porch or any portion of a porch between the rear wall of the house and the rear lot line; and

7.

Not separated from the street right of way by a fence with both an opacity exceeding sixty percent (60%) and a height exceeding forty-eight (48) inches.

(Ord. 112-O-03)

In the R3 district on any zoning lot served by an open alley, access to any on site parking, enclosed or unenclosed, shall not cross the front or street side yard lot line(s) subject to the following exception: On properties improved with legally existing street loading garages or other on site parking both served by legally existing curb cuts, as of the effective date hereof, said street loading garages or other on site parking may be replaced even if on site parking can access the subject property by an alley.

(Ord. 112-O-03; Ord. No. 68-O-23, § 21, 7-14-2023)

The R4 general residential district is intended to provide for a mix of residential types at a moderate density including multiple-family dwellings, two-family dwellings, townhouses, and single-family attached and detached dwellings.

(Ord. No. 43-O-93)

The following uses are permitted in the R4 district:

Daycare home—Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title).

Daycare home—Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title).

Dwelling—Multiple-family.

Dwelling—Single-family attached.

Dwelling—Single-family detached.

Dwelling—Two-family.

Educational institution—Public.

Efficiency home (subject to the general requirements of Section 6-8-1-14, "Efficiency Homes," of this Title).

Home occupation (subject to the general requirements of Chapter 5, "Home Occupations," of this Title).

Neighborhood garden.

Park.

Playground.

Residential care home—Category I (subject to the general requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

Residential care homes—Category II (subject to the general requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

Shelter for abused persons.

(Ord. No. 43-O-93; Ord. No. 81-O-14, § 26, 8-11-2014; Ord. No. 13-O-21, § 9, 3-22-2021)

The following uses may be allowed in the R4 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title:

Assisted living facility.

Bed and breakfast establishments (subject to the general requirements of Section 6-4-7, "Bed And Breakfast Establishments," of this Title).

Cemetery.

Child residential care home.

Community center—Public.

Congregate housing.

Cultural facility.

Daycare center—Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title).

Daycare center—Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title).

Educational institution—Private.

Efficiency home (when additional zoning relief is requested, subject to the general requirements of Section 6-8-1-14, "Efficiency Homes," of this Title).

Independent living facility.

Long term care facility.

Membership organization.

Office (subject to the general requirements of Section 6-8-1-11, "Special Conditions For Office Uses," of this Title).

Planned development (subject to the requirements of Section 6-3-6, "Planned Developments," of this Title and Section 6-8-1-10, "Planned Developments," of this Chapter).

Public utility.

Recreation center—Public.

Religious institution.

Retirement community.

Retirement home.

Retirement hotel.

Rooming house.

Shelter care home.

Transitional shelter (subject to the requirements of Section 6-3-5-11, "Additional Standards For A Special Use For Transitional Shelters," of this Title).

Transitional treatment facility—Category I (subject to the general requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title).

Transitional treatment facility—Category II (subject to the general requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title).

(Ord. No. 44-O-09; Ord. No. 13-O-21, § 10, 3-22-2021)

The minimum lot sizes in the R4 district are:

(Ord. No. 70-O-07)

The minimum lot width in the R4 district is as follows:

(Ord. 95-O-09)

The maximum lot coverage in the R4 district is forty percent (40%).

On a zoning lot that is: a) used for a "dwelling" or dwellings as herein defined, and b) legally nonconforming as to building lot area, when a land user seeks zoning certification for a building permit to replace an existing detached garage with a garage having the same ground floor area as the existing garage, such construction shall be an allowed continuance of the legal nonconforming building lot coverage.

(Ord. 109-O-02; Ord. No. 86-O-20, § 7, 9-29-2020)

The minimum yard requirements in the R4 district are as follows ^[7]:

(Ord. No. 43-O-93)

(A)

The maximum building height for any principal structure in the R4 district, including any exterior knee-wall, shall not exceed thirty-five (35) feet, measured from grade to the highest point of said structure, or two and one-half (2 1/2) stories, whichever is less.

(B)

Any building or structure legally existing as of the effective date of Ordinance 72-O-12 shall be deemed compliant with this maximum building height requirement and, with regards to height, shall have the status of a legally permitted building or structure, not a noncompliance. Such conforming status shall continue in the event said building is destroyed by a means not within control of the owner thereof and shall allow for construction of a replacement building or structure at the height of the destroyed building or structure.

(Ord. 70-O-07; Ord. No. 72-O-12, § 2, 10-22-2012)

(A)

The maximum impervious surface ratio for the R4 district is fifty-five percent (55%).

(B)

The impervious surface ratio is calculated by dividing the total defined net impervious surfaces on the zoning lot by the area of the zoning lot.

(C)

The total defined net impervious surfaces on the zoning lot are all areas included in building lot coverage plus any hard surfaced, nonnaturally occurring area that does not readily absorb water, including, but not limited to, any paved, asphalt or concrete areas, parking and graveled driveway areas, swimming pools, sidewalks, and paved recreation areas subject to the following exemptions:

1.

Any area, including open parking, paved or unpaved, included in the calculation of building lot coverage, shall not be twice counted in the calculation of total defined net impervious surface.

2.

Subject to the porch exemption of Section 6-8-5-10 of this Chapter, the following standards govern the classification of structures commonly referred to as decks:

(a)

Uncovered Decks with Permeable Surface Areas Underneath: Any uncovered deck, or a portion thereof, covering three percent (3%) of the lot area will be excluded from building lot coverage and impervious surface coverage calculation. Any lot area covered by an open deck above and beyond the initial three percent (3%) will count towards the impervious surface coverage calculation.

(b)

Uncovered Decks with Impermeable Surface Areas Underneath: One hundred percent (100%) of the lot area covered by an uncovered deck counts towards impervious surface area.

3.

Twenty percent (20%) of areas covered by paving made of impervious material to the extent that they cover an area that maintains a demonstrable level of porosity whether soil, sand, gravel, or similar material shall be excluded from the calculation of net impervious surfaces.

4.

Twenty-five percent (25%) of areas covered by paving blocks made of permeable materials and pervious paving systems to the event that they cover an area that maintains a demonstrable level of porosity whether soil, sand, gravel, or similar material shall be excluded from the calculation of net impervious surfaces.

(D)

Driveways or walkways legally existing as of the effective date hereof may be replaced or repaired, provided that the replacing or the repairing is in the same or lesser dimensions as existed on the effective date hereof.

(Ord. 112-O-03; Ord. No. 165-O-15, § 5, 5-23-2016)

Excluded from the calculation of maximum building lot coverage and maximum impervious surface for all residential districts are the following:

(A)

Fifty percent (50%) of the surface area of porches with the following characteristics:

1.

Open to the air;

2.

Not all weather;

3.

Roofed or not roofed;

4.

Screened or not screened;

5.

Facing a street;

6.

Not a rear or back porch or any portion of a porch between the rear wall of the house and the rear lot line; and

7.

Not separated from the street right of way by a fence with both an opacity exceeding sixty percent (60%) and a height exceeding forty-eight (48) inches.

(Ord. 112-O-03)

The R4a general residential district is intended to protect the residential character of this district by providing for a mix of residential types at a medium density in terms of number of dwellings and mass of structures compatible with the single-and two-family detached structures which predominate in this district.

(Ord. 71-O-05)

The following uses are permitted in the R4a district:

Daycare home—Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title).

Daycare home—Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title).

Dwelling—Multiple-family (when said use was legally established on the effective date hereof).

Dwelling—Single-family attached (when said use was legally established on the effective date hereof).

Dwelling—Single-family detached.

Dwelling—Two-family (when said use was legally established on the effective date hereof).

Educational institution—Public.

Efficiency home (subject to the general requirements of Section 6-8-1-14, "Efficiency Homes," of this Title).

Home occupation (subject to the general requirements of Chapter 5, "Home Occupations," of this Title).

Neighborhood garden.

Park.

Playground.

Residential care home—Category I (subject to the general requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

Residential care home—Category II (subject to the general requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

Shelter for abused persons.

(Ord. 71-O-05; Ord. No. 81-O-14, § 27, 8-11-2014; Ord. No. 13-O-21, § 11, 3-22-2021)

The following uses may be allowed in the R4a district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title:

Assisted living facility.

Bed and breakfast establishments (subject to the general requirements of Section 6-4-7, "Bed And Breakfast Establishments," of this Title).

Cemetery.

Child residential care home.

Community center—Public.

Congregate housing.

Cultural facility.

Daycare center—Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title).

Daycare center—Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title).

Dwellings (any increase in the number of dwellings on a single zoning lot above the number legally existing on the effective date hereof, or any dwelling other than a single-family dwelling on a zoning lot created after the effective date hereof).

Educational institution—Private.

Efficiency home (when additional zoning relief is requested, subject to the general requirements of Section 6-8-1-14, "Efficiency Homes," of this Title).

Independent living facility.

Long term care facility.

Membership organization.

Office (subject to the general requirements of Section 6-8-1-11, "Special Conditions For Office Uses," of this Chapter).

Planned development (subject to the requirements of Section 6-3-6, "Planned Developments," of this Title and Section 6-8-1-10, "Planned Developments," of this Chapter).

Public utility.

Recreation center—Public.

Religious institution.

Retirement community.

Retirement home.

Retirement hotel.

Rooming house.

Shelter care home.

Transitional shelter (subject to the requirements of Section 6-3-5-11, "Additional Standards For A Special Use For Transitional Shelters," of this Title).

Transitional treatment facility—Category I (subject to the general requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title).

Transitional treatment facility—Category II (subject to the general requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title).

(Ord. 44-O-09; Ord. No. 13-O-21, § 12, 3-22-2021)

The minimum lot sizes in the R4a district are as follows:

(Ord. 70-O-07)

The minimum lot width in the R4 district is as follows:

(Ord. 95-O-09)

The maximum lot coverage in the R4a district is forty percent (40%).

On a zoning lot that is:

(A)

Used for a "dwelling" or dwellings as herein defined, and

(B)

Legally nonconforming as to building lot area;

when a land user seeks zoning certification for a building permit to replace an existing detached garage with a garage having the same ground floor area as the existing garage, such construction shall be an allowed continuance of the legal nonconforming building lot coverage.

(Ord. 109-O-02; Ord. No. 86-O-20, § 8, 9-29-2020)

The minimum yard requirements in the R4a district are as follows ^[8]:

(Ord. 71-O-05)

(A)

The maximum building height for any principal structure in the R4a district, including any exterior knee-wall, shall not exceed thirty-five (35) feet, measured from grade to the highest point of said structure, or two and one-half (2 1/2) stories, whichever is less.

(B)

Any building or structure legally existing as of the effective date of Ordinance 72-O-12 shall be deemed compliant with this maximum building height requirement and, with regards to height, shall have the status of a legally permitted building or structure, not a noncompliance. Such conforming status shall continue in the event said building is destroyed by a means not within control of the owner thereof and shall allow for construction of a replacement building or structure at the height of the destroyed building or structure.

(Ord. 70-O-07; Ord. No. 72-O-12, § 2, 10-22-2012)

(A)

The maximum impervious surface ratio for the R4a district is fifty-five percent (55%).

(B)

The impervious surface ratio is calculated by dividing the total defined net impervious surfaces on the zoning lot by the area of the zoning lot.

(C)

The total defined net impervious surfaces on the zoning lot are all areas included in building lot coverage plus any hard surfaced, nonnaturally occurring area that does not readily absorb water, including, but not limited to, any paved, asphalt or concrete areas, parking and graveled driveway areas, swimming pools, sidewalks, and paved recreation areas subject to the following exemptions:

1.

Any area, including open parking, paved or unpaved, included in the calculation of building lot coverage, shall not be twice counted in the calculation of total defined net impervious surface.

2.

Subject to the porch exemption of Section 6-8-6-10 of this Chapter, the following standards govern the classification of structures commonly referred to as decks:

(a)

Uncovered Decks with Permeable Surface Areas Underneath: Any uncovered deck, or a portion thereof, covering three percent (3%) of the lot area will be excluded from building lot coverage and impervious surface coverage calculation. Any lot area covered by an open deck above and beyond the initial three percent (3%) will count towards the impervious surface coverage calculation.

(b)

Uncovered Decks with Impermeable Surface Areas Underneath: One hundred percent (100%) of the lot area covered by an uncovered deck counts towards impervious surface area.

3.

Twenty percent (20%) of areas covered by paving blocks of impervious material to the extent that they cover an area that maintains a demonstrable level of porosity whether soil, sand, gravel, or similar material shall be excluded from the calculation of net impervious surfaces.

4.

Twenty-five percent (25%) of areas covered by paving blocks made of permeable materials and pervious paving systems to the event that they cover an area that maintains a demonstrable level of porosity whether soil, sand, gravel, or similar material shall be excluded from the calculation of net impervious surfaces.

(D)

Driveways or walkways legally existing as of the effective date hereof may be replaced or repaired, provided that the replacing or the repairing is in the same or lesser dimensions as existed on the effective date hereof.

(Ord. 71-O-05; Ord. No. 165-O-15, § 6, 5-23-2016)

Excluded from the calculation of maximum building lot coverage and maximum impervious surface for all residential districts are the following:

(A)

Fifty percent (50%) of the surface area of porches with the following characteristics:

1.

Open to the air;

2.

Not all weather;

3.

Roofed or not roofed;

4.

Screened or not screened;

5.

Facing a street;

6.

Not a rear or back porch or any portion of a porch between the rear wall of the house and the rear lot line; and

7.

Not separated from the street right of way by a fence with both an opacity exceeding sixty percent (60%) and a height exceeding forty-eight (48) inches.

(Ord. 71-O-05)

In the R4a district on any zoning lot served by an open alley, access to any on site parking, enclosed or unenclosed, shall not cross the front or street side yard lot line(s) subject to the following exception: On properties improved with legally existing street loading garages or other on site parking both served by legally existing curb cuts, as of the effective date hereof, said street loading garages or other on site parking may be replaced even if on site parking can access the subject property by an alley.

(Ord. 71-O-05; Ord. No. 68-O-23, § 22, 7-14-2023)

The R5 general residential district is intended to provide for infill development of a mix of multi-family residential structures at a medium density, including townhouses, two-family dwellings, three-story walk-ups and courtyard apartment buildings that characterize the traditional multiple-family housing development found in this district.

(Ord. No. 43-O-93; amd. Ord. 71-O-05)

The following uses are permitted in the R5 district:

Daycare home—Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title).

Daycare home—Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title).

Dwelling—Multiple-family.

Dwelling—Single-family attached.

Dwelling—Single-family detached.

Dwelling—Two-family.

Educational institution—Public.

Efficiency home (subject to the general requirements of Section 6-8-1-14, "Efficiency Homes," of this Title).

Home occupation (subject to the general requirements of Chapter 5, "Home Occupations," of this Title).

Neighborhood garden.

Park.

Playground.

Residential care home—Category I (subject to the general requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

Residential care home—Category II (subject to the general requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

Shelter for abused persons.

(Ord. No. 43-O-93; amd. Ord. 71-O-05; Ord. No. 81-O-14, § 28, 8-11-2014; Ord. No. 13-O-21, § 13, 3-22-2021)

The following uses may be allowed in the R5 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title:

Assisted living facility.

Bed and breakfast establishments (subject to the general requirements of Section 6-4-7, "Bed And Breakfast Establishments," of this Title).

Child residential care home.

Community center—Public.

Congregate housing.

Cultural facility.

Daycare center—Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title).

Daycare center—Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title).

Educational institution—Private.

Efficiency home (when additional zoning relief is requested, subject to the general requirements of Section 6-8-1-14, "Efficiency Homes," of this Title).

Independent living facility.

Long term care facility.

Membership organization.

Office (subject to the general requirements of Section 6-8-1-11, "Special Conditions For Office Uses," of this Chapter).

Planned development (subject to the requirements of Section 6-3-6, "Planned Developments," of this Title and Section 6-8-1-10, "Planned Developments," of this Chapter).

Public utility.

Recreation center—Public.

Religious institution.

Retirement community.

Retirement home.

Retirement hotel.

Rooming house.

Shelter care home.

Transitional shelter (subject to the requirements of Section 6-3-5-11, "Additional Standards For A Special Use For Transitional Shelters," of this Title).

Transitional treatment facility—Category I (subject to the general requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title).

Transitional treatment facility—Category II (subject to the general requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title).

(Ord. 44-O-09; Ord. No. 13-O-21, § 14, 3-22-2021)

The minimum lot sizes in the R5 district are:

(Ord. 70-O-07)

The minimum lot width in the R5 district is as follows:

(Ord. 95-O-09)

The maximum lot coverage in the R5 district is forty-five percent (45%).

On a zoning lot that is: a) used for a "dwelling" or dwellings as herein defined, and b) legally nonconforming as to building lot area, when a land user seeks zoning certification for a building permit to replace an existing detached garage with a garage having the same ground floor area as the existing garage, such construction shall be an allowed continuance of the legal nonconforming building lot coverage.

(Ord. 109-O-02; amd. Ord. 71-O-05; Ord. No. 86-O-20, § 9, 9-29-2020)

The minimum yard requirements in the R5 district are as follows ^[9]:

(Ord. No. 43-O-93; amd. Ord. 71-O-05)

The maximum mean building height in the R5 district is fifty (50) feet or five (5) stories, whichever is less, except as modified per the requirements found in Table 4-B of Section 6-4-1-7 of this Title. Notwithstanding the foregoing, any building or structure legally existing and conforming to the building height requirement of this district as of the effective date hereof, shall, for the purpose of the district and the requirements of this zoning ordinance, be deemed complying with the mean building height requirement and shall have the status of legally permitted structure or use, not a legal noncompliance, and shall not be subject to or benefit from the allowances, restrictions and procedures of Chapter 6, "Nonconforming Uses And Noncomplying Structures," of this Title. Such conforming status shall continue in the event said building is removed or destroyed by a means within the control of the owner thereof and shall allow for the construction of a building or structure at the height of the building or structure legally existing and conforming to the building height requirement of this district as of the effective date hereof.

(Ord. 70-O-07)

(A)

The maximum impervious surface ratio for the R5 district is sixty percent (60%).

(B)

The impervious surface ratio is calculated by dividing the total defined net impervious surfaces on the zoning lot by the area of the zoning lot.

(C)

The total defined net impervious surfaces on the zoning lot are all areas included in building lot coverage plus any hard surfaced, nonnaturally occurring area that does not readily absorb water, including, but not limited to, any paved, asphalt or concrete areas, parking and graveled driveway areas, swimming pools, sidewalks, and paved recreation areas subject to the following exemptions:

1.

Any area, including open parking, paved or unpaved, included in the calculation of building lot coverage, shall not be twice counted in the calculation of total defined net impervious surface.

2.

Subject to the porch exemption of Section 6-8-7-10 of this Chapter, the following standards govern the classification of structures commonly referred to as decks:

(a)

Uncovered Decks with Permeable Surface Areas Underneath: Any uncovered deck, or a portion thereof, covering three percent (3%) of the lot area will be excluded from building lot coverage and impervious surface coverage calculation. Any lot area covered by an open deck above and beyond the initial three percent (3%) will count towards the impervious surface coverage calculation.

(b)

Uncovered Decks with Impermeable Surface Areas Underneath: One hundred percent (100%) of the lot area covered by an uncovered deck counts towards impervious surface area.

3.

Twenty percent (20%) of areas covered by paving blocks made of impervious material to the extent that they cover an area that maintains a demonstrable level of porosity whether soil, sand, gravel, or similar material shall be excluded from the calculation of net impervious surfaces.

4.

Twenty-five percent (25%) of areas covered by paving blocks made of permeable materials and pervious paving systems to the event that they cover an area that maintains a demonstrable level of porosity whether soil, sand, gravel, or similar material shall be excluded from the calculation of net impervious surfaces.

(D)

Driveways or walkways legally existing as of the effective date hereof may be replaced or repaired, provided that the replacing or the repairing is in the same or lesser dimensions as existed on the effective date hereof.

(Ord. 112-O-03; amd. Ord. 71-O-05; Ord. No. 165-O-15, § 7, 5-23-2016)

Excluded from the calculation of maximum building lot coverage and maximum impervious surface for all residential districts are the following:

(A)

Fifty percent (50%) of the surface area of porches with the following characteristics:

1.

Open to the air;

2.

Not all weather;

3.

Roofed or not roofed;

4.

Screened or not screened;

5.

Facing a street;

6.

Not a rear or back porch or any portion of a porch between the rear wall of the house and the rear lot line; and

7.

Not separated from the street right of way by a fence with both an opacity exceeding sixty percent (60%) and a height exceeding forty-eight (48) inches.

(Ord. 112-O-03; amd. Ord. 71-O-05)

The R6 general residential district is intended to provide for high density residential development of primarily multiple-family dwellings particularly in and around the downtown area.

(Ord. No. 43-O-93; amd. Ord. 71-O-05)

The following uses are permitted in the R6 district:

Daycare home—Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title).

Daycare home—Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title).

Dwelling—Multiple-family.

Dwelling—Single-family attached.

Dwelling—Single-family detached.

Dwelling—Two-family.

Educational institution—Public.

Efficiency home (subject to the general requirements of Section 6-8-1-14, "Efficiency Homes," of this Title).

Home occupation (subject to the general requirements of Chapter 5, "Home Occupations," of this Title).

Neighborhood garden.

Park.

Playground.

Residential care home—Category I (subject to the general requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

Residential care home—Category II (subject to the general requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

Shelter for abused persons.

(Ord. No. 43-O-93; amd. Ord. 71-O-05; Ord. No. 81-O-14, § 29, 8-11-2014; Ord. No. 13-O-21, § 15, 3-22-2021)

The following uses may be allowed in the R6 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title:

Apartment hotel.

Assisted living facility.

Bed and breakfast establishments (subject to the general requirements of Section 6-4-7, "Bed And Breakfast Establishments," of this Title).

Child residential care home.

Community center—Public.

Congregate housing.

Cultural facility.

Daycare center—Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title).

Daycare center—Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title).

Educational institution—Private.

Efficiency home (when additional zoning relief is requested, subject to the general requirements of Section 6-8-1-14, "Efficiency Homes," of this Title).

Independent living facility.

Long term care facility.

Membership organization.

Office (subject to the general requirements of Section 6-8-1-11, "Special Conditions For Office Uses," of this Chapter).

Planned development (subject to the requirements of Section 6-8-1-10, "Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title).

Public utility.

Recreation center—Public.

Religious institution.

Retirement community.

Retirement home.

Retirement hotel.

Rooming house.

Shelter care home.

Transitional shelter (subject to the requirements of Section 6-3-5-11, "Additional Standards For A Special Use For Transitional Shelters," of this Title).

Transitional treatment facility—Category I (subject to the general requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title).

Transitional treatment facility—Category II (subject to the general requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title).

(Ord. 44-O-09; Ord. No. 13-O-21, § 16, 3-22-2021)

The minimum lot sizes in the R6 district are:

(Ord. 70-O-07)

The minimum lot width in the R6 district is as follows:

(Ord. 95-O-09)

The maximum lot coverage in the R6 district is fifty percent (50%).

On a zoning lot that is: a) used for a "dwelling" or dwellings as herein defined, and b) legally nonconforming as to building lot area, when a land user seeks zoning certification for a building permit to replace an existing detached garage with a garage having the same ground floor area as the existing garage, such construction shall be an allowed continuance of the legal nonconforming building lot coverage.

(Ord. 109-O-02; amd. Ord. 71-O-05; Ord. No. 86-O-20, § 10, 9-29-2020)

The minimum yard requirements in the R6 district are as follows ^[10]:

(Ord. No. 43-O-93; amd. Ord. 71-O-05)

The maximum mean building height in the R6 district is eighty-five (85) feet or eight (8) stories, whichever is less, except as modified per the requirements found in Section 6-4-1-7, Table 4-B of this Title. Notwithstanding the foregoing, any building or structure legally existing and conforming to the building height requirement of this district as of the effective date hereof, shall, for the purpose of the district and the requirements of this zoning ordinance, be deemed complying with the mean building height requirement and shall have the status of legally permitted structure or use, not a legal noncompliance, and shall not be subject to or benefit from the allowances, restrictions and procedures of Chapter 6, "Nonconforming Uses And Noncomplying Structures," of this Title. Such conforming status shall continue in the event said building is removed or destroyed by a means within the control of the owner thereof and shall allow for the construction of a building or structure at the height of the building or structure legally existing and conforming to the building height requirement of this district as of the effective date hereof.

(Ord. 70-O-07)

(A)

The maximum impervious surface ratio for the R6 district is sixty-five percent (65%).

(B)

The impervious surface ratio is calculated by dividing the total defined net impervious surfaces on the zoning lot by the area of the zoning lot.

(C)

The total defined net impervious surfaces on the zoning lot are all areas included in building lot coverage plus any hard surfaced, nonnaturally occurring area that does not readily absorb water, including, but not limited to, any paved, asphalt or concrete areas, parking and graveled driveway areas, swimming pools, sidewalks, and paved recreation areas subject to the following exemptions:

1.

Any area, including open parking, paved or unpaved, included in the calculation of building lot coverage, shall not be twice counted in the calculation of total defined net impervious surface.

2.

Subject to the porch exemption of Section 6-8-8-10 of this Chapter, the following standards govern the classification of structures commonly referred to as decks:

(a)

Uncovered Decks with Permeable Surface Areas Underneath: Any uncovered deck, or a portion thereof, covering three percent (3%) of the lot area will be excluded from building lot coverage and impervious surface coverage calculation. Any lot area covered by an open deck above and beyond the initial three percent (3%) will count towards the impervious surface coverage calculation.

(b)

Uncovered Decks with Impermeable Surface Areas Underneath: One hundred percent (100%) of the lot area covered by an uncovered deck counts towards impervious surface area.

3.

Twenty percent (20%) of areas covered by paving blocks made of impervious material to the extent that they cover an area that maintains a demonstrable level of porosity whether soil, sand, gravel, or similar material shall be excluded from the calculation of net impervious surfaces.

4.

Twenty-five percent (25%) of areas covered by paving blocks made of permeable materials and pervious paving systems to the event that they cover an area that maintains a demonstrable level of porosity whether soil, sand, gravel, or similar material shall be excluded from the calculation of net impervious surfaces.

(D)

Driveways or walkways legally existing as of the effective date hereof may be replaced or repaired, provided that the replacing or the repairing is in the same or lesser dimensions as existed on the effective date hereof.

(Ord. 112-O-03; amd. Ord. 71-O-05; Ord. No. 165-O-15, § 8, 5-23-2016)

Excluded from the calculation of maximum building lot coverage and maximum impervious surface for all residential districts are the following:

(A)

Fifty percent (50%) of the surface area of porches with the following characteristics:

1.

Open to the air;

2.

Not all weather;

3.

Roofed or not roofed;

4.

Screened or not screened;

5.

Facing a street;

6.

Not a rear or back porch or any portion of a porch between the rear wall of the house and the rear lot line; and

7.

Not separated from the street right of way by a fence with both an opacity exceeding sixty percent (60%) and a height exceeding forty-eight (48) inches.

(Ord. 112-O-03; amd. Ord. 71-O-05)