The residential district regulations are intended to protect the overall character of the Village by preserving established residential areas and encouraging new development consistent with the character of the Village. Certain properties previously zoned in the A-1 district are intended to be rezoned to other zoning districts and permitted to be used for those agricultural uses existing on the effective date of this new code. Commercial activities are prohibited in the residential districts. Four zoning districts are provided for residential development, the R-1, R-2, R-3, and R-4 districts.

The R-1 Estate Residence District is intended to create an environment which promotes a mixture of agriculture uses and estate-type single-family residential development. Those areas included in the R-1 district are intended for extremely low density single-family residential use. Many of these locations are environmentally sensitive and are frequently characterized by steep or rolling hills, wooded terrain, and contain soils with poor development potential. Public utilities are not expected to be available in areas classified in the R-1 district. To protect the character of the district, uses are limited to single family residential dwellings and certain specified agriculture, cultural, educational, religious, and public uses.

The R-2 Rural Residence District is intended to provide a quality environment for single-family dwellings on moderately large lots. The R-2 district is located in those portions of the village where moderately large lot residential development presently exists and where similar development appears likely to occur in the future. Areas designed in the R-2 district may or may not have, depending on their location, at least partial access to public utilities. To protect the character of the district, uses are limited to single-family residential dwellings and certain specified agriculture, cultural, educational, religious, and public uses.

The R-3 Urban Residence District is intended to promote single-family residential development in a suburban environment. The R-3 district provides for the orderly expansion of existing neighborhoods and encourages new growth in areas appropriate for urbanized, predominantly single-family development. The R-3 district is concentrated in those portions of the community which can be more readily provided with public facilities and services. To protect the character of the district, uses are limited to single-family residential dwellings and certain specified agriculture, cultural, educational, religious, and public uses.

The R-4 Multi-Family Residence District is intended for those areas of the Village, given consideration for location, surrounding uses, topography and appropriate soil, which can be devoted to more intensive uses. To protect the character of this district, uses are limited to single and multiple family residential dwellings and certain specified agriculture, cultural, educational, religious, and public uses.

The following uses and no other are permitted as of right in all residential districts:

1.

Single-family detached dwellings.

2.

Open space.

3.

Parks and playgrounds.

4.

Village uses, buildings, and facilities, subject to section 1-3.

5. Agriculture uses, buildings, and facilities lawfully existing as of the effective date of this code, subject to the nonconformity regulations of chapter 10 and the regulations contained in section 8-6.

The following uses may be permitted in all residential districts, subject to the issuance of a special use permit as provided in section 11-11 of this code and subject to the additional standards set forth in this section.

1.

Planned unit developments, but only subject to the special procedures and standards set forth in section 11-12 of this code.

2.

Multiple family dwellings, but only in the R-4 district pursuant to a planned unit development.

3.

Assembly uses pursuant to section 8-5 of this code.

4.

Convalescent homes, day care facilities, and nursing homes.

5.

Fire stations, government offices, police stations, post offices, radio and television broadcasting facilities, utility substations, sewage treatment and distribution facilities, water treatment and distribution facilities, water wells, reservoirs, towers, and storage facilities, except for Village uses, buildings, and facilities which are subject to section 1-3.

6.

Public athletic fields (with or without outdoor stadium lighting), public gymnasiums, and public swimming pools.

7.

Forest preserves.

8.

Private recreational uses such as country clubs, golf courses, auditoriums, gymnasiums, and swimming pools, provided that:

a.

There is an adequate distance or screening and buffering to neighboring dwelling units;

b.

Restaurants are permitted only when occupying an integral part of the main structure; and

c.

Signage must be submitted and approved as part of the special use permit approval.

9.

New agricultural uses, buildings, and facilities established after the effective date of this code, subject to the regulations contained in section 8-6.

A.

One Principal Building Per Lot. Unless otherwise permitted expressly pursuant to a planned unit development approval or an approved multi-family development in the R-4 district, not more than one principal detached residential building shall be located on a zoning lot; and no principal detached residential building shall be located on the same zoning lot with any other principal building.

B.

One Principal Use Per Lot. Unless otherwise permitted expressly pursuant to a special use permit or planned unit development approval, not more than one principal use shall be located on a zoning lot, and each principal use shall be located entirely on a single zoning lot.

C.

Short-Term Rental Prohibition. Short-term rentals, as defined in Section 13-13 of this code, are prohibited in all residential districts.

A.

Accessory Structures and Uses. Accessory structures and uses are subject to the provisions of section 8-1 of this code.

B.

Temporary Uses. Temporary uses are subject to the provisions of section 8-3 of this code.

C.

Home Occupations. Home occupations are subject to the provisions of section 8-2 of this code.

D.

Antennas and Support Structures. Antennas and support structures are subject to the provisions of section 8-7 of this code.

E.

Site Development Regulations. The site development regulations applicable in the residential districts, including parking, signs, fencing, landscaping, trees, lighting, storm water, utilities, access ways, and performance standards are set forth in chapters 8 and 9 of this title, and in the Village Code.

F.

Agricultural Uses. Agricultural uses are subject to the provisions of section 8-6 of this code.

A.

Requirements. The building height, lot area, setback, lot coverage, lot width, and minimum dwelling size requirements applicable in the residential districts are set forth in the table on the following page. Where the Village has approved specific bulk, space, and yard requirements for subdivisions existing as of the date of approval of this code that are different than the otherwise applicable district requirements, those special requirements will apply. Thus, owners of land subject to special zoning or annexation approvals or private covenants, conditions, or restrictions should consult these approvals to determine whether supplemental or more restrictive regulations will apply. Footnote references appear in subsection B of this section at the end of the table.

B.

Notes.

1.

Nonconforming Lots. See section 5 of this code for lot requirements with respect to legal nonconforming lots of record.

2.

Special Subdivision Standards. Notwithstanding the district regulations set forth in the chart, the following special standards shall apply to lots contained in the following approved subdivisions:

a.

Windmill Meadows:

(1)

Minimum lot area: 10,890 square feet

(2)

Minimum lot width at frontage: 68 feet

(3)

Maximum lot coverage for buildings: 30 percent

(4)

Minimum front yard and corner side yard setbacks: 30 feet

(5)

Minimum interior side yard setback: 10 feet

b.

Dunhill Estates:

(1)

Minimum lot area: 30,000 square feet

(2)

Minimum lot width at frontage: 90 feet

(3)

Maximum lot coverage for buildings: 15 percent

(4)

Minimum front yard and corner side yard setbacks: 50 feet

(5)

Minimum interior side yard setback: 15 feet

c.

Old Town: See chapter 7.

d.

Approved planned unit developments: For special bulk, space, and yard requirements applicable to planned unit developments, consult the ordinance approving the planned unit development, as it may be amended from time-to-time.

Where no special bulk, space, or yard requirement has been established in this subsection B or in a zoning, subdivision, or annexation approval document, the otherwise applicable district standards of subsection A shall apply.

3.

Height Exceptions. Agricultural buildings and religious steeples and towers may exceed the maximum permitted height as set forth in section 8-6 (agricultural buildings) and section 8-5 (assembly uses) of this code.

4.

Application of Setbacks. Unless expressly provided otherwise, for non-residential and multiple family developments, the setback requirements shall apply to both buildings and off-street parking areas (but not driveways).

5.

Special Side Yard Setback. For non-residential uses, the side yard setback for buildings shall be increased by one foot for each foot that a building exceeds 35 feet, up to a maximum setback of 40 feet.

6.

Minimum Dwelling Size Calculation.

a.

R-1, R-2, and R-3 districts. For the R-1, R-2, and R-3 districts, the calculation of minimum dwelling size shall exclude garage and unfinished basement area.

b.

R-4 district. For the R-4 district, the calculation of minimum dwelling size shall exclude garage, basement, hallways, and other common areas.

7.

Building Separation for R-4 District. The separation between buildings shall be as follows:

a.

Not less than 60 feet when any part of the front wall is opposite the front or rear wall of a building on the same lot or adjoining lot

b.

Not less than 50 feet when any part of the rear wall of a dwelling is opposite the rear wall of the nearest building located on the same or adjacent lot.

c.

Not less than 25 feet when any part of the side wall of a dwelling is opposite the side wall of the nearest building located on the same or adjacent lot.

d.

Not less than 35 feet when any part of the side wall of a dwelling is opposite the front or rear wall of the nearest building located on the same or adjacent lot.

8.

Special Standards for Attached Single Family Dwelling Units (Duplexes) in the R-4 District. The following special or supplemental standards shall apply to the development of attached single family dwelling units (duplexes) on lots in the R-4 District:

a.

Each dwelling unit must be a minimum of 1,800 square feet in area.

b.

Each dwelling unit must have a minimum of two bedrooms and two bathrooms.

c.

Each dwelling unit must have a full basement.

d.

Each dwelling unit must have a two-car garage that is at least 400 square feet in area. If garage doors of adjacent units abut, there must be a separation of at least one foot from the front lot line. No garage may extend beyond a point two feet behind the front of the dwelling unit.

e.

Each dwelling unit is only permitted one accessory building. The accessory building must be no larger than 144 square feet in area.

f.

Each dwelling unit must be constructed of at least 50 percent masonry on the street façade. Each building must contain a minimum of eight "outside" corners, and must be similar in architectural style, color, and detail to attached single family dwelling units within 1,000 of a proposed dwelling unit.

A.

Purpose and Intent. The purpose of the "ITO" Indian Trails Overlay Zoning District is to regulate the uses of and structures on property within the Indian Trails subdivision, in a manner that upholds the character of the neighborhood. The ITO district applies more stringent requirements than are otherwise permitted by the subdivision's underlying zoning so as to protect and maintain the character, health, welfare and safety of the neighborhood.

B.

Applicability. The ITO district regulations shall apply to all platted lots within the Indian Trails subdivision. The regulations of this district shall apply to new and existing uses and structures.

C.

Scope of Provisions. This section contains the regulations for the "ITO" Indian Trails Overlay Zoning District of the Village of Gilberts, Illinois. A property zoned in the ITO district is also zoned under another applicable district governed by the Village of Gilberts Zoning Ordinance and is subject to all applicable district regulations except as expressly modified in this section 3-7. Land included in the ITO district may be used in a manner permitted in the underlying zoning district only if, and to, the extent permitted in the ITO district.

D.

General Standards.

1.

Minimum Allowable Floor Area.

a.

Every single family residence erected in the zoning district shall not have less floor area than the minimum set for each type of residential structure in the underlying zoning district, measured from the outside of the exterior walls, including utility rooms but excluding cellars, basements, open porches, breezeways, garages and other spaces that are not constructed so as to be fit for year-round use for living, eating or sleeping.

b.

All minimum allowable floor area requirements pertain to living areas that are above grade. Grade shall mean the elevation at its highest point of finished grade adjacent to the dwelling. No living area shall be considered in the minimum allowable floor area requirements if it is partially or completely below grade.

c.

Minimum Allowable Floor Areas Defined. The following definitions shall determine the classification of single family residences in establishing minimum allowable floor area requirements as set forth herein:

(1)

Single story or ranch: one-story residence of elongated style built on a crawl space or partial or full basement. The minimum allowable floor area for a single story or ranch residence shall be 1,650 square feel.

(2)

Two-story: a residence with two stories of above grade living area built on a crawl space or partial or full basement. The minimum allowable floor area for a two-story residence shall be 2,100 square feet, with not less than 1,000 square feet on the first floor.

(3)

Tri-level or split-level: a residence of three or more levels of living area, with the two uppermost levels above grade. The minimum allowable floor area for tri-level or split-level residence shall be 825 square feet on the upper level and 825 square feet on the middle level or main level (level immediately down from the upper level).

(4)

Bi-level or mid-entry raised ranch: a one-story and basement residence having an entrance foyer between two levels, with a basement that is partially below grade and partially above grade. The minimum allowable floor area for a bi-level or mid-entry raised ranch shall be 1,650 square feel on the upper level.

E.

Modular Construction Prohibited. Residences of modular construction and log residences are prohibited.

F.

Garages Required.

1.

All residences shall have a garage that is no smaller than 20 feet by 24 feet in size.

2.

The garage shall be of the same material and architectural style as the principle residence.

G.

Fences Prohibited.

1.

Fences shall not be permitted on any zoned lot in the subdivision except swimming pool fences, patio fences and dog run fences as provided herein and in compliance with any other applicable ordinance or law, including application for a fence permit.

2.

Patio fences shall be permitted provided they are located no further than three feet on each side from the patio and do not exceed six feet in height. Patio fences must be adjacent to the building, not longer than the adjacent side of the building and located behind the building setback. The patio fence shall have an outside entrance, be constructed of non-metallic or plastic materials.

3.

Dog run fences shall be permitted provided they do not exceed 72 square feet in area and five feet in height. Dog run fences must be adjacent to the building and located behind the building setback. The dog fence shall have an outside entrance, be constructed of horse fence wire, chain link fencing, or similar material. Wooden dog run fences of open type construction shall also be permitted.

H.

Outdoor Storage and Parking.

1.

The following outdoor storing or parking per single family residence is prohibited:

a.

Recreational vehicles of 20 feet or more in length.

b.

Boats of 18 feet or more in length, as measured from bow to stern, or such boat on a trailer, or such trailer alone.

c.

More than two snowmobiles or more than two snowmobiles on trailers, or more than two snowmobile trailers alone.

2.

All permitted recreational vehicles, when stored outside, must be stored on a paved surface adjacent to the garage and behind the front elevation of the garage or building.

3.

For purposes of this subsection H, the temporary parking of a recreational vehicle, boat, trailer and/or snowmobiles, for the purposes of loading and/or unloading shall not be considered "storing" or "parking" under this Section, provided that said vehicle or trailer is not present on the property for more than consecutive 48 hour periods (i.e. vehicle may be present for 48 hours, then cannot be present on the property again for another 48 hours).

I.

Animals. No poultry or livestock of any kind (other than customarily accepted house pets) shall be kept or raised on the premises.

J.

Landscaping and Grading. At least two deciduous trees of at least 1.5 inches caliper shall be installed and maintained in the front yard of each buildable lot within six months of occupancy of a newly constructed residence.

K.

Site Improvements.

1.

No detached storage building shall be allowed to be constructed on any lot. "Storage building" shall be defined as any accessory structure in which materials, equipment or other items are stored for any period of time.

2.

The owner of each lot shall be responsible for replacing and repairing any drain tile broken or damaged during the construction of his or her lot.

3.

No improvements of any kind, other than landscaping, shall be permitted in detention easement areas.

4.

All residences constructed on Lots 16 through 21 and Lot 39 shall be limited to three bedrooms.

5.

All lots abutting Tyrrell Road shall have their rear yards facing Tyrrell Road and no driveway entrances shall be permitted from Tyrrell Road directly to any of such lots.

L.

Conflicts with Other Zoning Districts. If any provision or requirement of the overlay zoning district is found to be in conflict with any provision or requirement of another zoning district, ordinance, resolution, statute or other regulation that is applicable to the subject property, the regulation that establishes the more restrictive rule or regulation shall govern.