Evergreen Park City Zoning Code
ARTICLE V
ZONING DISTRICTS
Sec. 25-50. Establishment of Districts, Zoning Map.
To carry out the purposes of this Code, the Village is hereby divided into the following zoning districts:
"A" Single Family Residential District.
"B" Multi-Family Residential District.
"C" Commercial District.
"I" Cemetery District.
"O" Open Space Recreation District.
The location and boundaries of the zoning districts established by this Code are as shown on the map entitled "Zoning Map of the Village of Evergreen Park" which is incorporated herein by reference. All notations, references, and other information shown on the Zoning Map, and all amendments thereto, shall be as much a part of this Code as if specifically set forth and literally described herein.
Sec. 25-51. District Boundaries.
In the event that any uncertainty exists with respect to the intended boundaries of the various districts as shown on the Zoning Map, the following rules shall apply:
A. The district boundaries are the centerlines of highways, streets, alleys, waterways, railroads, and other rights-of-way unless otherwise indicated. When the designation of a boundary line on the Zoning Map coincides with the location of any such right-of-way, the centerline of such right-of-way shall be construed to be the boundary of such district.
B. When a district boundary does not coincide with the location of the centerline of any right-of-way but does coincide with a lot line, such lot line shall be construed to be the boundary of such district.
C. When a district boundary does not coincide with the location of the centerline of any right-of-way or lot line, the district boundary shall be determined by the use of the scale shown on the Zoning Map.
Sec. 25-52. "A" Single Family Residential District.
A. Permitted Uses. The following uses and no others, are permitted as of right in the "A" Single Family Residential District.
1. Single-family detached dwellings.
2. Public libraries.
3. Public parks and recreational facilities.
4. Municipal-owned facilities.
5. Small community residences provided that they are located not less than 1,000 feet from another community residence.
6. One garage and one storage shed per zoning lot, and the storage shed must be located to the rear of the principal structure on the zoning lot.
7. Home occupations.
B. Bulk, Yard and Space Requirements. The following requirements apply to all uses in the "A" Single Family Residential District.
1. Building Height. The maximum height of any structure is 35 feet.
2. Lot Area. Each zoning lot shall contain not less than 4,400 square feet.
3. Lot Width. Each zoning lot shall have a lot width of not less than 40 feet measured at the front of the main building and the rear of the main building.
4. Front Yard. Each zoning lot shall have a front yard of not less than 25 feet except that the Building Commissioner may establish a front yard of not less than 20 feet in order to conform to the front yard of the main buildings on neighboring lots on the same side of the street between the nearest intersections.
5. Rear Yard. Each zoning lot shall have a rear yard of not less than 25 feet, except that the rear yard on a corner lot which abuts another rear yard or an alley shall be not less than 10 feet if there is no dedicated alley adjacent thereto and shall be not less than 3 feet if there is a dedicated alley adjacent thereto. An accessory building may be located within the rear yard but not less than 3 feet from the rear lot line, but an accessory building cannot be constructed in a public or private utility easement without permission of the easement holder.
6. Side Yard. Each zoning lot shall have 2 side yards each of which shall be 10% of the lot width but not less than 4 feet. The side yard on a corner lot shall be increased by the Building Commissioner to conform to the front yards and side yards of buildings on neighboring lots on the same side of the street between the nearest intersections. An accessory building may be located within an interior side yard but not less than 3 feet from the side lot line.
7. Lot Coverage. No zoning lot shall have a lot coverage for all buildings and structures thereon in excess of 40% of the lot area except that the lot coverage may be increased to 45% if all buildings and structures are constructed on a slab such that there is no habitable crawl space, basement or sub-basement. In determining lot coverage for a lot of less than 40 feet, the Building Commissioner shall reserve 440 square feet for an accessory garage unless the residence being constructed contains a 2-car attached garage or an accessory garage is being constructed. On any interior zoning lot having a lot width of less than 40 feet, an accessory garage may only be constructed at the rear of the lot and only have access from an alley.
8. Required Yard Encroachments. For the purpose of determining compliance with any required yard, no part of any building or structure shall be permitted to protrude or cantilever into a required side yard except that an encroachment by a chimney, roof, eaves, gutters, awnings, canopies, air conditioning equipment, or bay windows shall be permitted provided that it remains at least 3 feet from any side yard lot line. An open porch (a porch which may have a roof and screens, but not windows), balcony, uncovered deck, and swimming pool may encroach into a required rear yard, but no closer than 10 feet from the rear yard lot line and no closer than 3 feet from any side yard lot line. An uncovered porch (a porch which does not have a roof) with a floor not more than 5 feet above grade, stairs, bay windows, awnings over windows, canopies over entrances, eaves, roof overhangs, and gutters may encroach into the required front yard, but no closer than 15 feet from the front yard lot line and no closer than 3 feet from any side yard lot line. Any encroachment permitted above shall be excluded from the calculation of allowable lot coverage in Section 25-52 B. 7.
(Ord. No. 20-2009 § 1, 9-21-09)
Sec. 25-53. "B" Multi-Family Residential District.
A. Permitted Uses. The following uses and no others, are permitted as of right in the "B" Multi-Family Residential District.
1. Single-family detached dwellings.
2. Single-family attached dwellings.
3. Multi-family dwellings.
4. Municipal-owned facilities.
5. Churches, temples and places of worship.
6. Hospitals.
7. Small community residences provided that they are located not less than 1,000 feet from another community residence.
8. Large community residences provided that they are located not less than 1,000 feet from another community residence.
9. One garage and one storage shed per zoning lot, and the storage shed must be located to the rear of the principal structure on the zoning lot.
10. Home occupations.
B. Bulk, Yard and Space Requirements. The following requirements apply to all uses in the "B" Multi-Family Residential District.
1. Building Height. The maximum height of any structure is 35 feet, except for churches, temples, places of worship and hospitals which have a maximum height of 65 feet.
2. Lot Area. Each zoning lot shall contain not less than 4,400 square feet.
3. Lot Width. Each zoning lot shall have a lot width of not less than 40 feet measured at the front of the main building and the rear of the main building.
4. Front Yard. Each zoning lot shall have a front yard of not less than 25 feet except that the Building Commissioner may establish a front yard of not less than 20 feet in order to conform to the front yard of the main buildings on neighboring lots on the same side of the street between the nearest intersections.
5. Rear Yard. Each zoning lot shall have a rear yard of not less than 25 feet. An accessory building may be located within the rear yard but not less than 3 feet from the rear lot line.
6. Side Yard. Each zoning lot shall have 2 side yards each of which shall be 10% of the lot width but not less than 4 feet. The side yard on a corner lot shall be increased by the Building Commissioner to conform to the front yards and side yards of buildings on neighboring lots on the same side of the street between the nearest intersections. An accessory building may be located within an interior side yard but not less than 3 feet from the side lot line.
7. Lot Coverage. No zoning lot shall have a lot coverage for all buildings and structures thereon in excess of 35% of the lot area except that the lot coverage may be increased to 45% if all buildings and structures are constructed on a slab such that there is no crawl space, basement or sub-basement. In determining lot coverage for a lot of less than 40 feet, the Building Commissioner shall reserve 440 square feet for an accessory garage unless the residence being constructed contains a 2-car attached garage or an accessory garage is being constructed. On any interior zoning lot having a lot width of less than 40 feet, an accessory garage may only be constructed at the rear of the lot and only have access from an alley.
8. Required Yard Encroachments. For the purpose of determining compliance with any required yard, no part of any building or structure shall be permitted to protrude or cantilever into a required yard except that an encroachment by a chimney, uncovered porch, uncovered deck, roof, eaves, gutters, awnings, canopies, air conditioning equipment, balconies, or bay windows shall be permitted provided that it remains at least 3 feet from any side yard lot line.
9. Intensity of Use. For each dwelling unit a minimum lot area of 2,000 square feet is required.
10. Size of Dwelling Unit. The minimum size of each dwelling unit in a multi-family structure shall be 1,000 square feet.
Sec. 25-54. "C" Commercial District.
A. Permitted Uses. The following uses and no others, are permitted as of right in the "C" Commercial District. In interpreting the use designations, reference should be made to the Standard Industrial Classification Manual. SIC codes are given in parentheses following each use listing, when available.
Construction, Special Trade Contractors:
1. Plumbing, Heating, and Air-Conditioning Contractors and Showrooms (171)
2. Painting & Paper Hanging Contractors & Showrooms (172)
3. Electrical Work Contractors (173)
4. Terrazzo, Tile, Marble, and Mosaic Work Contractors (1743)
5. Carpentry and Floor Work Contractors (175)
6. Roofing, Siding, and Sheet Metal Work Contractors (176)
7. Glass and Glazing Work Contractors and Showrooms (1793)
8. Special Trade Contractors not elsewhere classified (1799)
Printing, Publishing, and Allied Industries:
11. Commercial Printing (275) and Photocopying
Retail Trade:
21. Stationery and Office Supply Stores (5112)
22. Lumber and Other Building Materials Dealers (521) when conducted wholly within a building
23. Paint, Glass, and Wallpaper Stores (523)
24. Hardware Stores (525)
25. Retail Nurseries, Lawn, and Garden Supply Stores (526)
26. Department Stores (531)
27. Variety Stores (533)
28. Miscellaneous General Merchandise Stores (539)
29. Food Stores (54)
30. New and Used Motor Vehicle Dealers (551)
31. Home Supply Stores (44131), but not including retail auto supply stores
32. Boat Dealers (555)
33. Apparel and Accessory Stores (56)
34. Home Furniture and Home Furnishings Stores (571)
35. Household Appliance Stores (572)
36. Radio, Television, Consumer Electronics, and Music Stores (573)
37. Eating Places (5812), including carry-out and drive-thru windows but not including drive-in establishments
38. Drinking Places (5813) accessory to eating places
39. Drug Stores and Proprietary Stores (591)
40. Used Merchandise Stores but not including pawn shops (593)
41. Sporting Good Stores and Bicycle Shops (5941)
42. Book Stores (5942)
43. Stationery Stores (5943)
44. Jewelry Stores (5944)
45. Hobby, Toy, and Game Shops (5945)
46. Camera and Photographic Supply Stores (5946)
47. Gift, Novelty, and Souvenir Shops (5947)
48. Luggage and Leather Goods Stores (5948)
49. Sewing, Needlework, and Piece Goods Stores (5949)
50. Florists (5992)
51. Tobacco Stores and Stands (5993)
52. News Dealers and Newsstands (5994)
53. Optical Goods Stores (5995)
54. Furrier Shops
55. Miscellaneous Retail Stores (5999), but not including auction rooms, fireworks sales or sales barns
Finance, Insurance, and Real Estate:
61. Depository and Nondepository Credit Institutions (60-61)
62. Security and Commodity Brokers, Dealers, Exchanges, and Services (62)
63. Insurance Carriers, Agents, Brokers, and Services (63-64)
64. Real Estate Offices (65)
65. Holding and Other Investment Offices (67)
Services:
71. Veterinary Services for Animal Specialties (0742)
72. Grooming Services for pets (0752)
73. Medical and miscellaneous equipment rental and leasing (7352/7359)
74. Laundry, Cleaning, and Garment Services (721), but not including drycleaning plants (7216) or industrial launderers (7218)
75. Photographic Studios, Portrait (722)
76. Beauty Shops (723)
77. Barber Shops (724)
78. Shoe Repair Shops (725)
79. Tax Return Preparation Services (7291)
80. Advertising Services (731)
81. Mailing, Reproduction, Commercial Art and Photography, and Stenographic Services
82. Services to Dwellings and Other Buildings (734)
83. Employment Agencies (7361)
84. Computer Programming, Data Processing, and Other Computer Related Services (737)
85. Interior Decorating (7389)
86. Electrical Repair Shops (762), but not including refrigeration and air-conditioning service and repair shops (7632)
87. Watch, Clock, and Jewelry Repair (763)
88. Reupholstery and Furniture Repair (764)
89. Video Tape Rental and Sales (784)
90. Offices and Clinics of Doctors of Medicine, Dentists, Osteopaths, Chiropractors, Optometrists, Podiatrists, and Other Health Practitioners (801-804)
91. Legal Services (81)
92. Engineering, Architectural, and Surveying Services (871)
93. Accounting, Auditing, and Bookkeeping Services (872)
94. Management and Public Relations Services (874)
95. Miscellaneous Services not elsewhere classified (89)
96. Dance Studios, Schools and Halls (7911)
97. Physical Fitness Facilities (7991)
98. Optical, Medical and Dental Laboratories (807)
99. Business Associations (861)
100. Labor Associations (863)
101. Civic, Social and Fraternal Associations (864)
102. Political Organizations (865)
103. Research, Development and Testing Services (873)
104. Business and Professional Offices not otherwise listed
105. Passenger car leasing and passenger car rental, provided that it is located more than 300 feet from a traffic control signal.
106. Undertaking and Funeral Parlor
107. Hospitals (806)
Transportation and Utility Services:
111. Travel Agencies (4724)
112. Tour Operators (4725)
113. Airline, Bus, and Railroad Ticket Offices (4729)
114. Offices of Communications and Utility Companies (48-49)
Multiple Family Dwellings:
121. Residential occupancy but not on the first floor of any structure and provided that each dwelling unit has a minimum of 1,000 square feet and that the area of all dwelling units does not exceed the area of all commercial uses in the structure.
B. Use Limitations. The following limitations apply to all uses in the "C" Commercial District.
1. Noise. No use shall produce noise of such volume or pitch as to cause a nuisance in any residential district at any time or within any residential dwelling unit located in any district between the hours of 10:00 p.m. and 7:00 a.m.
2. Exterior Lighting. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in any residential district. No exterior light in or adjacent to any residential district shall be operated to produce an intensity of light exceeding one-half foot candle at any residential lot line.
3. Enclosed Structure. All business, service, storage, and display of goods, other than off-street parking and loading and the sale of motor vehicles fuels and related products when the same are allowed as a special use, shall be conducted within a completely enclosed building.
4. Outdoor Storage. Outdoor storage shall not be allowed as an accessory use.
5. Truck Parking. No parking of trucks shall be allowed between the hours of 10:00 p.m. to 7:00 a.m. except for trucks based on the property and used in conjunction with a permitted use thereon, and then such trucks may only be parked to the side or rear of the main structure on the property.
C. Bulk, Yard and Space Requirements. The following requirements apply to all uses in the "C" Commercial District.
1. Height. The maximum height of any structure is 3 stories or 34 feet whichever is less, provided that hospitals shall not exceed 140 feet in height. The maximum height of an accessory structure is 15 feet.
2. Front, Interior Side and Corner Side Yard Setbacks. No front, interior side and corner side yard setback is required.
3. Rear Yard Setback. The rear yard setback shall be a minimum of 10 feet.
4. Lot Coverage. The maximum total lot coverage is 50%.
5. Floor Area Ratio. The maximum floor area ratio is 3.0.
(Ord. No. 16-2008, §§ 1-2, 6-16-08; Am. Ord. No. 5-2010, § 1, 4-5-10)
Sec. 25-55. "I" Cemetery District.
A. Permitted Uses. No land or building shall be used, erected or occupied except for the following permitted uses:
1. Cemetery for the interment of human remains, including chapels, administration buildings, maintenance buildings, and funeral homes, but excluding crematoriums.
Sec. 25-58. "O" Open Space Recreation District.
A. Permitted Uses. No land or building shall be used, erected or occupied except for the following permitted uses:
1. Public and private golf courses, including associated structures such as club house, maintenance buildings and pro shop.
2. Golf driving range.
3. Riding clubs and stables.
4. Tennis clubs.
5. Raising of farm crops.
6. Soccer clubs, except professional and semi-professional.
7. Baseball clubs, except professional and semi-professional.
8. Football clubs, except professional and semi-professional.
9. Skiing, including lifts and lodge.
10. Tobogganing and sledding.
11. Botanical and zoological gardens.
12. Conservatories.
13. Miniature golf course.
14. Zoos.
15. Wildlife and game preserve.
16. Polo club.
B. Bulk, Yard and Space Requirements. The following requirements apply to all uses in the "O" Open Space Recreation District:
1. Height. The maximum height of any structure, including accessory structures, is 3 stories or 35 feet whichever is less.
2. Front, Interior Side and Corner Side Yard and Rear Yard Setbacks. No building may be erected within 300 feet of any residentially used property or within 50 feet of any public street.
3. Lot Coverage. The maximum total lot coverage is 1%.
4. Floor Area Ratio. The maximum floor area ratio is .02.