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Hampshire City Zoning Code

ARTICLE VII

RESIDENCE DISTRICTS

6-7-1: R-1 SINGLE-FAMILY RESIDENCE DISTRICT REQUIREMENTS:

   A.   In an R-1 Residence District the only permitted uses are as follows:
      Building-mounted and building-integrated Solar Energy Systems, as defined in and subject to the restrictions set forth in chapter 5, article XVIII of this Code.
      Elementary, junior high and high (all nonboarding) schools.
      Parks and playgrounds which are publicly owned and operated.
      Single-family detached dwellings.
      Temporary buildings for construction purposes, for a period not to exceed one year, renewable yearly.
      Accessory uses to the above permitted uses including, but not limited to, off street parking and off street loading.
   B.   In an R-1 Residence District the only special uses are as follows:
      Art galleries and museums.
      Cemeteries.
      Churches.
      Colleges, universities and uses accessory and incidental thereto, excluding colleges or trade schools operated for profit.
      Convents, monasteries and seminaries.
      Fire stations.
      Golf courses, excluding commercially operated driving ranges, miniature golf courses or lighted par 3 golf courses for night play.
      Growing of farm crops in the open, including truck gardens and nurseries, provided that no livestock or poultry are kept, and no offensive odors or dusts are created, and further provided that no retail sales are conducted from a store or stand erected or maintained on the premises.
      Hospitals.
      Libraries.
      Parks and playgrounds which are privately owned and operated.
      Police stations.
      Wind energy systems, as defined in and subject to the restrictions set forth in chapter 5, article XVII of this Code.
   C.   In an R-1 Single-Family Residence District the following requirements apply:
      1.   Lot area shall be not less than eighteen thousand (18,000) square feet.
      2.   Lot width shall be not less than one hundred twenty feet (120') at the buildable area.
      3.   Floor area ratio for all nonresidential permitted uses and special uses shall not exceed 0.5.
      4.   Building height for single-family dwelling uses shall not exceed two and one-half (21/2) stories or thirty feet (30'), whichever is lower.
      5.   Ground floor area per dwelling shall be as follows:
         a.   For a one-story dwelling without cellar, not less than one thousand six hundred (1,600) square feet.
         b.   For a one-story dwelling with cellar, not less than one thousand five hundred (1,500) square feet.
         c.   For a dwelling having more than one story, not less than one thousand (1,000) square feet.
      6.   Front yard for single-family dwelling use shall be not less than forty feet (40') in depth.
      7.   Side yards for single-family dwelling use shall be as follows:
         a.   There shall be two (2) side yards, with a combined width of not less than twenty feet (20'), and each not less than ten feet (10') in width.
         b.   A side yard abutting a street shall not be less than twenty feet (20') wide.
         c.   If a corner lot, subdivided and duly recorded on the effective date of this chapter, has insufficient width to provide such yard of twenty feet (20'), and still to maintain a buildable width of forty feet (40'), including the side yard along the opposite side lot line, then the side yard abutting the street may be reduced in width by the distance necessary to maintain a buildable width of forty feet (40'), provided the side yard abutting a street is not reduced to less than twenty five percent (25%) of the width of the lot.
      8.   Rear yard for single-family dwelling uses shall be not less than fifty feet (50') in depth.
      9.   Yards for nonresidential permitted uses and special uses shall be as follows:
         a.   For buildings less than thirty feet (30') in height, the front, side, and rear yards shall be as required for single- family dwelling uses.
         b.   For a building thirty feet (30') or more in height, each yard - front, side and rear, as required for single-family dwellings - shall be increased in width or depth by two feet (2') for each additional one foot (1') of building height over thirty feet (30').
      10.   Off street loading for nonresidential permitted uses and special uses shall be provided in accordance with provisions set forth in article XI of this chapter.
      11.   Off street parking shall be provided in accordance with provisions set forth in article XI of this chapter. (1985 Code; amd. Ord. 03-01, 4-3-2003; Ord. 11-20, 9-1-2011; Ord. 18-38, 11-1-2018; Ord. 22-11, 6-2-2022)

6-7-2: R-2 SINGLE-FAMILY RESIDENCE DISTRICT REQUIREMENTS:

   A.   In an R-2 Single-Family Residence District, the only permitted uses are as follows:
      Uses permitted in the R-1 District, subsection 6-7-1A of this article.
      Building-mounted and building-integrated Solar Energy Systems, as defined in and subject to the restrictions set forth in chapter 5, article XVIII of this Code. (1985 Code; amd. Ord. 18-38, 11-1-2018)
   B.   In an R-2 Single-Family Residence District, the only special uses shall be as follows:
      Special uses allowed in the R-1 Single-Family Residence District in subsection 6-7-1B of this article.
      Convalescent, rest and nursing homes.
      Greenhouses.
      Mortuaries.
      Nursery, childcare.
      Preschools. (Ord. 07-21, 4-5-2007; Ord. 24-25, 8-1-2024)
   C.   In an R-2 Single-Family Residence District, the following requirements shall apply:
      1.   Lot area shall be not less than twelve thousand (12,000) square feet, except on lots of record as of April 18, 1985, for which lot area shall be not less than six thousand five hundred (6,500) square feet. (Ord. 01-26, 8-16-2001)
      2.   Lot width shall be not less than one hundred feet (100') at the buildable area, except lots of record as of April 18, 1985, then not less than sixty five feet (65'). (Ord. 01-37, 11-1-2001)
      3.   Floor area ratio for nonresidential permitted uses and special uses shall not exceed 0.5.
      4.   Building height for single-family dwelling uses shall not exceed two and one-half (21/2) stories or thirty feet (30'), whichever is lower.
      5.   Ground floor area per dwelling shall be as follows:
         a.   For a one-story dwelling without cellar - not less than one thousand two hundred (1,200) square feet.
         b.   For a one-story dwelling with cellar - not less than one thousand (1,000) square feet.
         c.   For a dwelling having more than one story - not less than nine hundred (900) square feet.
      6.   Front yard for single-family dwelling use shall be not less than thirty feet (30') in depth.
      7.   Side yard for single-family dwelling use shall be as follows:
         a.   There shall be two (2) side yards having a combined width of not less than twenty feet (20'), and neither side yard shall be less than ten feet (10') in width.
         b.   A side yard abutting a street shall not be less than fifteen feet (15') wide.
         c.   If a corner lot, subdivided and duly recorded on the effective date of this chapter, has insufficient width to provide such yard of fifteen feet (15'), and still to maintain a buildable width of forty two feet (42'), including the side yard along the opposite side lot line, then the side yard abutting the street may be reduced in width by the distance necessary to maintain a buildable width of forty two feet (42'), provided the side yard abutting the street is not reduced to less than thirty percent (30%) of the width of the lot.
      8.   Rear yard for single-family dwelling uses shall be not less than forty feet (40') in depth.
      9.   Yards for nonresidential permitted uses and special uses shall be as follows:
         a.   For buildings less than thirty feet (30') in height, each yard - front, side and rear, as required for single-family dwellings - shall be increased in width or depth by two feet (2') for each additional one foot (1') of building height over thirty feet (30').
      10.   Off street loading for nonresidential permitted uses and special uses shall be provided in accordance with provisions set forth in article XI of this chapter.
      11.   Off street parking shall be provided in accordance with provisions set forth in article XI of this chapter. (1985 Code)

6-7-3: R-3 TWO-FAMILY RESIDENCE DISTRICT REQUIREMENTS:

   A.   In an R-3 Residence District, the only permitted uses are as follows:
      Uses permitted in the R-2 District.
      Building-mounted and building-integrated Solar Energy Systems, as defined in and subject to the restrictions set forth in chapter 5, article XVIII of this Code.
      Single-family semidetached dwellings.
      Two-family detached dwellings. (1985 Code; amd. Ord. 18-38, 11-1-2018)
   B.   In an R-3 Residence District, the only special uses are as follows:
Special uses allowed in the R-2 District. (1985 Code; amd. Ord. 03-01, 4-3-2003)
   C.   In an R-3 Residence District, the following requirements shall apply:
      1.   Lot area shall be as follows:
         a.   Not less than seven thousand five hundred (7,500) square feet for single-family detached dwellings.
         b.   Not less than six thousand three hundred (6,300) square feet for each dwelling unit in two-family detached dwellings.
      2.   Lot width shall be as follows:
         a.   Not less than eighty feet (80') at the buildable area for single-family detached dwellings.
         b.   Not less than one hundred feet (100') at the buildable area for two-family detached dwellings or single-family semidetached dwellings.
      3.   Floor area ratio for nonresidential permitted uses and special uses shall not exceed 0.5.
      4.   Building height for dwelling uses shall not exceed two and one-half (21/2) stories or thirty feet (30'), whichever is lower.
      5.   Ground floor area per dwelling shall be as set forth in subsection 6-7-2C5 of this article, for R-2 Residence Districts.
      6.   Front yard for dwelling uses shall be not less than twenty five feet (25') in depth.
      7.   Side yard for dwelling uses shall be as follows:
         a.   There shall be two (2) side yards having a combined width of not less than twenty feet (20'), and neither side yard shall be less than ten feet (10') in width.
         b.   A side yard abutting a street shall not be less than twelve feet (12') wide.
         c.   If a corner lot, subdivided and duly recorded on the effective date of this chapter, has insufficient width to provide such yard of twelve feet (12'), and still maintain a buildable width of thirty seven feet (37'), including the side yard along the opposite side lot line, then the side yard abutting the street may be reduced in width by the distance necessary to maintain a buildable width of thirty two feet (32'), provided the side yard abutting the street is not reduced to less than thirty percent (30%) of the width of the lot.
      8.   Rear yard for dwelling uses shall be not less than thirty feet (30') in depth.
      9.   Yards for nonresidential permitted uses and special uses shall be as follows:
         a.   For buildings less than thirty feet (30') in height, the front, side and rear yards shall be as required for dwelling uses.
         b.   For a building thirty feet (30') or more in height, each yard front, side and rear, as required for dwellings shall be increased in width or depth by two feet (2') for each additional one foot (1') of building height over thirty feet (30').
      10.   Off street loading for nonresidential permitted uses and special uses shall be provided in accordance with provisions set forth in article XI of this chapter.
      11.   Off street parking shall be provided in accordance with provisions set forth in article XI of this chapter. (1985 Code)

6-7-4: R-4 RESIDENCE DISTRICT REQUIREMENTS:

   A.   In an R-4 Residence District, the only permitted uses are as follows:
      Uses permitted in the R-3 District.
      Building-mounted and building-integrated Solar Energy Systems, as defined in and subject to the restrictions set forth in chapter 5, article XVIII of this Code.
      Libraries.
      Multiple-family dwellings having not more than six (6) units.
      Single-family attached dwellings. (1985 Code; amd. Ord. 18-38, 11-1-2018)
   B.   In an R-4 Residence District, the only special uses are as follows:
      Special uses allowed in the R-3 District, except libraries.
      Institutions for the care of the aged and for children.
      Multiple-family dwellings having more than six (6) units per building.
      Municipally operated health centers.
      Private boarding schools.
      Rooming houses.
      Sanatoriums and nursing homes, so long as not for the care of feeble minded or insane persons.
   C.   In an R-4 Residence District, the following requirements shall apply:
      1.   Lot area shall be as follows:
         a.   For single-family detached dwellings, not less than ten thousand (10,000) square feet.
         b.   For two-family detached dwellings, not less than five thousand (5,000) square feet per unit.
         c.   For single-family semidetached and attached dwellings, as follows:
 
Type Of Dwelling Unit
Minimum Lot Area Per Dwelling
Unit In Square Feet
Single-Family
Semidetached
Attached
4 bedroom and over
6,000
5,000
3 bedroom
5,500
4,500
Less than 3 bedroom
5,000
4,000
 
         d.   For multiple-family dwellings, as follows:
 
Type Of Dwelling Unit
Minimum Lot Area Per Dwelling
Unit In Square Feet
4 bedroom and over
5,000
3 bedroom
4,600
Less than 3 bedroom
4,300
1 bedroom and efficiency
4,000
 
   (1985 Code)
         e.   Notwithstanding any other provision of this subsection C1, for lots of record in the village as of April 18, 1985, lot area shall be not less than sixty five percent (65%) of the lot area otherwise prescribed herein. (Ord. 87-10, 7-16-1987)
      2.   Lot width shall be as follows:
         a.   Not less than eighty feet (80') for single-family detached dwellings.
         b.   Not less than one hundred feet (100') for two-family detached, single-family semidetached and attached dwellings, and multiple-family dwellings.
      3.   Floor area ratio for nonresidential permitted uses and special uses shall not exceed 0.5.
      4.   Building height for dwelling uses shall be as follows:
         a.   As in subsection 6-7-1C4 of this article for single-family detached, semidetached, or attached dwellings and two-family detached dwellings.
         b.   Not more than three (3) stories or thirty five feet (35'), whichever is lower, for multiple-family dwellings.
         c.   As allowed by special use, but in no case to exceed a floor area ratio of 0.5.
      5.   Front yard for dwelling uses shall not be less than thirty feet (30') in depth.
      6.   Side yard for dwelling uses shall be as follows:
         a.   Two (2) side yards having a combined width of not less than twenty feet (20'), with each side yard not less than ten feet (10') in width.
         b.   A side yard abutting a street shall not be less than fifteen feet (15') in width.
         c.   If a corner lot, subdivided and duly recorded on the effective date of this chapter, has insufficient width to provide such yard of fifteen feet (15'), and still to maintain a buildable width of thirty two feet (32'), including the side yard along the opposite side lot line, then the side yard abutting the street may be reduced by the distance necessary to maintain a buildable width of thirty two feet (32'), provided such side yard is not reduced to less than thirty percent (30%) of the width of the lot.
      7.   Rear yard for dwelling uses shall be not less than thirty feet (30') in depth.
      8.   Yards for nonresidential permitted uses and special uses shall be the same as required for dwelling uses for buildings less than thirty five feet (35') in height in residential districts.
      9.   Off street loading shall be provided in accordance with provisions set forth in article XI of this chapter.
      10.   Off street parking shall be provided in accordance with provisions set forth in article XI of this chapter.
   D.   In an R-4 residence district, conversions of existing residential buildings shall be governed by the following:
      1.   The quotient secured by dividing the floor area of all dwelling units on a lot by the number of dwelling units on such lot shall not be less than six hundred (600) square feet.
      2.   No existing residential use shall be so converted as to conflict with, or further conflict with, the requirements in subsection D1 of this section.
      3.   Where applicable, an efficiency dwelling unit or a lodging room may be considered seventy five hundredths (0.75) dwelling unit in determining compliance with subsection D1 of this section. (1985 Code)

6-7-5: RR RURAL RESIDENTIAL DISTRICT:

   A.   Purpose: This district is intended only for single-family residences and only for those areas otherwise not suitable for agricultural use.
   B.   Permitted Uses: In the RR rural residential district, the following shall be permitted uses:
      Accessory uses to one-family dwellings.
      Agricultural uses, as defined herein.
      One-family dwellings. (Ord. 92-10, 10-1-1992)
   C.   Special Uses: In an RR district, the following special uses may be allowed:
      Wind energy systems, as defined in and subject to the restrictions set forth in chapter 5, article XVII of this code. (Ord. 11-20, 9-1-2011)
   D.   Standards For Rezoning: No land shall be rezoned to this classification unless the applicant shall present clear and convincing evidence to the village that the property sought to be rezoned is not suitable for agricultural uses.
      1.   The village shall consider and make findings regarding the following factors in determining the suitability of the land for agricultural use:
         a.   Existence of nonprime farmland based on the Kane County soil survey and important farmlands map, and other applicable sources.
         b.   Topography.
         c.   Manmade and physical features which may serve as barriers.
         d.   Vegetative cover.
         e.   Parcel size.
         f.   Adjacent land uses.
   E.   Lot Size: Every one-family dwelling hereafter erected shall be located on a tract of land having an area of not less than one acre nor more than fifteen (15) acres. The exact amount of acreage for each lot shall be determined in individual case by the village board, upon the recommendation of the Planning and Zoning Commission.
      1.   In determining the specific lot size to be required, the village board shall consider and make findings concerning the following factors:
         a.   Existing topography and proposed topographical changes.
         b.   Suitability of the subject property for subsurface sanitary disposal system.
         c.   Soil types and soil characteristics.
         d.   Existing conditions and proposed changes with respect to drainage of surface and subsurface waters.
         e.   Existing and proposed vegetation and ground cover.
         f.   Suitability of access, traffic conditions and congestion.
         g.   Diminishing property values in the area or injury to the use and enjoyment of other property.
         h.   Such other conditions and factors as to the Planning and Zoning Commission and village board shall seem relevant in an individual case.
   F.   Width And Frontage Of Lot On Right Of Way: Excessive lot depth in relation to lot width shall be avoided. A proportion of two and one-half to one (21/2:1) shall normally be considered a desirable maximum ratio for lots of one hundred foot (100') width or more. Side lot lines shall be substantially at right angles or radial to street lines. (Ord. 92-10, 10-1-1992; amd. Ord. 11-20, 9-1-2011; Ord. 21-15, 4-15-2021)