A.

Legislative Intent. The purpose of the R-l Residential District is to provide areas for low density residential developments where private water and sewage disposal systems are appropriate.

B.

Permitted Uses.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the R-l Residential District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

a.

Uses lawfully established on the effective date of this Code; and

b.

Special uses allowed in accordance with the provisions of Section 9-5-1-C.

2.

The following uses are permitted in the R-l Residential District:

a.

Dwellings, One-family detached;

b.

Golf courses, excepting driving ranges or miniature golf courses;

c.

Parks and playgrounds, owned or operated by public or noncommercial agencies;

d.

Public libraries;

e.

Public schools, non-boarding;

f.

Municipal buildings and uses;

g.

Dwellings, community residence, subject to the requirements of Section 9-3-12 of this Code;

h.

Accessory uses, including, but not limited to, the following:

(1)

Antennas and communication towers.

(2)

Architectural or landscaping embellishments, gazebos, pools, patios, decorative structures and gate houses.

(3)

Club houses and other structures on the grounds of golf courses.

(4)

Games, common residential.

(5)

Games, home.

(6)

Garages and carports.

(7)

Greenhouses.

(8)

Home occupations.

(9)

Sewage disposal unit, private.

(10)

Storage of building materials (during course of construction only).

(11)

Swimming pools and tennis courts, private.

(12)

Temporary buildings for construction purposes only, but not to exceed the period of construction.

(13)

Tool houses, storage sheds and similar buildings for the storage of domestic supplies.

(14)

Utility and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

(15)

Water systems, individual.

C.

Special Uses. Special uses, as hereinafter enumerated, may be allowed in the R-1 Residential District, subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the R-1 Residential District:

1.

Athletic fields and recreational facilities, non-commercial;

2.

Churches, rectories and parish houses;

3.

Driving ranges when operated in conjunction with a golf course;

4.

Public utility and public service uses;

5.

Wind energy conversion systems;

6.

Dwellings, community residence located within 1,000 feet of any existing community residence (See Section 9-3-12-B).

D.

Area Regulations.

1.

Minimum Development Area. In order for a parcel to be classified as a R-1 Residential District, the parcel shall contain an area of 25 acres or more under single ownership and/or control.

2.

Lot Area. The minimum lot area for one-family detached dwellings shall be one acre. The Village Board shall prescribe the minimum lot area for buildings other than dwellings.

3.

Lot Width. The minimum lot width for one-family detached dwellings shall be 150 feet measured at the building line. For uses other than dwellings, the minimum lot width shall be as prescribed by the Village Board.

4.

Front Yard. The minimum front yard setback for one-family detached dwellings shall be 45 feet. A porch that is covered entirely by a roof that is constructed of materials compatible with those used on the principal structure shall be subject to the setback of the principal structure, or extend up to six feet from the principal structure, whichever permits the larger porch. For uses other than dwellings, the minimum front yard setback shall be as prescribed by the Village Board.

5.

Side Yard. The minimum side yard setback for one-family detached dwellings shall be 25 feet except where the side yard adjoins a street, in which case the required side yard shall be 45 feet. For additional regulations and requirements pertaining to accessory buildings, see Section 9-3-6. For uses other than dwellings, the minimum side yard setback shall be as prescribed by the Village Board.

6.

Rear Yard. The minimum rear yard setback for one-family detached dwellings shall be 45 feet. For additional regulations and requirements pertaining to accessory buildings, see Section 9-3-6. For uses other than dwellings, the minimum rear yard setback shall be as prescribed by the Village Board.

7.

Floor Area Ratio. The floor area ratio shall not exceed 0.2.

E.

Height Regulations. No portion of any building or structure located in an R-1 Residential District shall exceed 45 feet in height. The maximum height for antennas and communication towers shall be in accordance with Section 9-3-9.

F.

Off-Street Parking Regulations. Adequate provisions shall be made in all cases for off-street parking and off-street loading in accordance with the provisions of Section 9-3-2.

G.

General Regulations. For additional regulations and requirements pertaining to the R-1 District see Article 3 (Section 9-3, General Requirements and Procedures Applicable Within Various Districts).

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Legislative Intent. The purpose of the R-2 Residential District is to provide areas for low density residential development. Public utility service is normally available to service areas of this type of development.

B.

Permitted Uses.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the R-2 Residential District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

a.

Uses lawfully established on the effective date of this Code; and

b.

Special uses allowed in accordance with the provisions of Section 9-5-2-C.

2.

The following uses are permitted in the R-2 Residential District:

a.

Dwellings, one-family detached;

b.

Golf courses, excepting driving ranges or miniature golf courses;

c.

Parks and playgrounds, owned or operated by public or noncommercial agencies;

d.

Public libraries;

e.

Public schools, non-boarding;

f.

Municipal buildings and uses;

g.

Dwellings, community residence, subject to the requirements of Section 9-3-12 of this Code;

h.

Accessory uses, including, but not limited to, the following:

(1)

Antennas and communication towers.

(2)

Architectural or landscaping embellishments, gazebos, pools, patios, decorative structures and gate houses.

(3)

Club houses and other structures on the grounds of golf courses.

(4)

Games, common residential.

(5)

Games, home.

(6)

Garages and carports.

(7)

Greenhouses.

(8)

Home occupations.

(9)

Sewage disposal unit, private.

(10)

Storage of building materials (during course of construction only).

(11)

Swimming pools and tennis courts, private.

(12)

Temporary buildings for construction purposes only, but not to exceed the period of construction.

(13)

Tool houses, storage sheds and similar buildings for the storage of domestic supplies.

(14)

Utility and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

(15)

Water systems, individual.

C.

Special Uses. Special uses, as hereinafter enumerated, may be allowed in the R-2 Residential District, subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the R-2 Residential District:

1.

Athletic fields and recreational facilities, non-commercial;

2.

Churches, rectories and parish houses;

3.

Driving ranges when operated in conjunction with a golf course;

4.

Public utility and public service uses;

5.

Dwellings, community residence located within 1,000 feet of any existing community residence (See Section 9-3-12-B).

D.

Area Regulations.

1.

Minimum Development Area. In order for a parcel to be classified as a R-2 Residential District, the parcel shall contain an area of 25 acres or more under single ownership and/or control.

2.

Lot Area. The minimum lot area for one-family detached dwellings shall be 20,000 square feet. The Village Board shall prescribe the minimum lot area for buildings other than dwellings.

3.

Lot Width. The minimum lot width for one-family detached dwellings shall be 100 feet measured at the building line. For uses other than dwellings, the minimum lot width shall be as prescribed by the Village Board.

4.

Front Yard. The minimum front yard setback for one-family detached dwellings shall be 30 feet. A porch that is covered entirely by a roof that is constructed of materials compatible with those used on the principal structure shall be subject to the setback of the principal structure, or extend up to six feet from the principal structure, whichever permits the larger porch. For uses other than dwellings, the minimum front yard setback shall be as prescribed by the Village Board.

5.

Side Yard. The minimum side yard setback for one-family detached dwellings shall be 15 feet except where the side yard adjoins a street, in which case the required side yard shall be 30 feet or shall be equal to the existing setback of the principal structure, whichever is less. For additional regulations and requirements pertaining to accessory buildings, see Section 9-3-6. For uses other than dwellings, the minimum side yard setback shall be as prescribed by the Village Board.

6.

Rear Yard. The minimum rear yard setback for one-family detached dwellings shall be 30 feet except where a rear yard adjoins a street with a right-of-way width of 66 feet or less in which case the required minimum rear yard shall be 35 feet. For additional regulations and requirements pertaining to accessory buildings, Section 9-3-6. For uses other than dwellings, the minimum rear yard setback shall be as prescribed by the Village Board.

7.

Floor Area Ratio. The floor area ratio shall not exceed 0.2.

E.

Height Regulations. No portion of any building or structure located in an R-2 Residential District shall exceed 35 feet in height. The maximum height for antennas and communication towers shall be in accordance with Section 9-3-9.

F.

Off-Street Parking Regulations. Adequate provisions shall be made in all cases for off-street parking and off-street loading in accordance with the provisions of Section 9-3-2.

G.

General Regulations. For additional regulations and requirements pertaining to the R-2 District see Article 3 (Section 9-3, General Requirements and Procedures Applicable Within Various Districts).

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Legislative Intent. The purpose of the R-3 One-Family Residential District is to provide areas for medium density residential development. Public utility service is available to service areas of this type of development.

B.

Permitted Uses.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the R-3 Residential District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

a.

Uses lawfully established on the effective date of this Code; and

b.

Special uses allowed in accordance with the provisions of Section 9-5-3-C.

2.

The following uses are permitted in the R-3 Residential District:

a.

Dwellings, one-family detached;

b.

Golf courses, excepting driving ranges or miniature golf courses;

c.

Parks and playgrounds, owned or operated by public or noncommercial agencies;

d.

Public libraries;

e.

Public schools, non-boarding;

f.

Municipal buildings and uses;

g.

Dwellings, community residence, subject to the requirements of Section 9-3-12 of this Code;

h.

Accessory uses, including, but not limited to, the following:

(1)

Antennas and communication towers.

(2)

Architectural or landscaping embellishments, gazebos, pools, patios, decorative structures and gate houses.

(3)

Club houses and other structures on the grounds of golf courses.

(4)

Games, common residential.

(5)

Games, home.

(6)

Garages and carports.

(7)

Greenhouses.

(8)

Home occupations.

(9)

Storage of building materials (during course of construction only).

(10)

Swimming pools and tennis courts, private.

(11)

Temporary buildings for construction purposes only, but not to exceed the period of construction.

(12)

Tool houses, storage sheds and similar buildings for the storage of domestic supplies.

(13)

Utility and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

C.

Special Uses. Special uses, as hereinafter enumerated, may be allowed in the R-3 Residential District, subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the R-3 Residential District:

1.

Athletic fields and recreational facilities, non-commercial;

2.

Churches, rectories and parish houses;

3.

Driving ranges when operated in conjunction with a golf course;

4.

Public utility and public service uses;

5.

Dwellings, community residence located within 1,000 feet of any existing community residence (See Section 9-3-12-B).

D.

Area Regulations.

1.

Minimum Development Area. In order for a parcel to be classified as a R-3 Residential District, the parcel shall contain an area of 25 acres or more under single ownership and/or control.

2.

Lot Area. The minimum lot area for one-family detached dwellings shall be 10,000 square feet. The Village Board shall prescribe the minimum lot area for buildings other than dwellings.

3.

Lot Width. The minimum lot width for one-family detached dwellings shall be 70 feet measured at the building line. For uses other than dwellings, the minimum lot width shall be as prescribed by the Village Board.

4.

Front Yard. The minimum front yard setback for one-family detached dwellings shall be 30 feet. A porch that is covered entirely by a roof that is constructed of materials compatible with those used on the principal structure shall be subject to the setback of the principal structure, or extend up to six feet from the principal structure, whichever permits the larger porch. For uses other than dwellings, the minimum front yard setback shall be as prescribed by the Village Board.

5.

Side Yard. The minimum side yard setback for one-family detached dwellings shall be ten feet except where the side yard adjoins a street, in which case the required side yard shall be 30 feet or shall be equal to the existing setback of the principal structure, whichever is less. For additional regulations and requirements pertaining to accessory buildings, see Section 9-3-6. For uses other than dwellings, the minimum side yard setback shall be as prescribed by the Village Board.

6.

Rear Yard. The minimum rear yard setback for one-family detached dwellings shall be 20 feet except where a rear yard adjoins a street with a right-of-way width of 66 feet or less in which case the required minimum rear yard shall be 30 feet. Where a rear yard adjoins a street with a right-of-way width of over 66 feet, the required minimum rear yard shall be 35 feet. For additional regulations and requirements pertaining accessory buildings, see Section 9-3-6. For uses other than dwellings, the minimum rear yard setback shall be as prescribed by the Village Board.

7.

Floor Area Ratio. The floor area ratio shall not exceed 0.35.

E.

Height Regulations. No portion of any building or structure located in an R-3 Residential District shall exceed 35 feet in height. The maximum height for antennas and communication towers shall be in accordance with Section 9-3-9.

F.

Off-Street Parking Regulations. Adequate provisions shall be made in all cases for off-street parking and off-street loading in accordance with the provisions of Section 9-3-2.

G.

General Regulations. For additional regulations and requirements pertaining to the R-3 District see Article 3 (Section 9-3, General Requirements and Procedures Applicable Within Various Districts).

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Legislative Intent. The purpose of the R-4 One-Family Residential District is to provide areas for medium density residential development. Public utility service is available to service areas of this type of development.

B.

Permitted Uses.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the R-4 Residential District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

a.

Uses lawfully established on the effective date of this Code; and

b.

Special uses allowed in accordance with the provisions of Section 9-5-4-C.

2.

The following uses are permitted in the R-4 Residential District:

a.

Dwellings, one-family detached;

b.

Golf courses, excepting driving ranges or miniature golf courses;

c.

Parks and playgrounds, owned or operated by public or noncommercial agencies;

d.

Public libraries;

e.

Public schools, non-boarding;

f.

Municipal buildings and uses;

g.

Dwellings, community residence, subject to the requirements of Section 9-3-12 of this Code;

h.

Accessory uses, including, but not limited to, the following:

(1)

Antennas and communication towers.

(2)

Architectural or landscaping embellishments, gazebos, pools, patios, decorative structures and gate houses.

(3)

Club houses and other structures on the grounds of golf courses.

(4)

Games, common residential.

(5)

Games, home.

(6)

Garages and carports.

(7)

Greenhouses.

(8)

Home occupations.

(9)

Storage of building materials (during course of construction only).

(10)

Swimming pools and tennis courts, private.

(11)

Temporary buildings for construction purposes only, but not to exceed the period of construction.

(12)

Tool houses, storage sheds and similar buildings for the storage of domestic supplies.

(13)

Utility and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

C.

Special Uses. Special uses, as hereinafter enumerated, may be allowed in the R-4 Residential District, subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the R-4 Residential District:

1.

Athletic fields and recreational facilities, non-commercial;

2.

Churches, rectories and parish houses;

3.

Driving ranges when operated in conjunction with a golf course.

4.

Public utility and public service uses;

5.

Nursery schools and day care centers in present or former public schools or churches;

6.

Dwellings, community residence located within 1,000 feet of any existing community residence (See Section 9-3-12-B).

D.

Area Regulations.

1.

Minimum Development Area. In order for a parcel to be classified as a R-4 Residential District, the parcel shall contain an area of 25 acres or more under single ownership and/or control.

2.

Lot Area. The minimum lot area for one-family detached dwellings shall be 9,250 square feet. The Village Board shall prescribe the minimum lot area for buildings other than dwellings.

3.

Lot Width. The minimum lot width for one-family detached dwellings shall be 65 feet measured at the building line. For uses other than dwellings, the minimum lot width shall be as prescribed by the Village Board.

4.

Front Yard. The minimum front yard setback for one-family detached dwellings shall be 30 feet. A porch that is covered entirely by a roof that is constructed of materials compatible with those used on the principal structure shall be subject to the setback of the principal structure, or extend up to six feet from the principal structure, whichever permits the larger porch. For uses other than dwellings, the minimum front yard setback shall be as prescribed by the Village Board.

5.

Side Yard. The minimum side yard setback for one-family detached dwellings shall be five feet on one side of the lot and ten feet on the opposite side of said lot. The combined side yards of any two adjacent lots shall be not less than 15 feet, except where a side yard adjoins a street, in which case the requirement for the side yard shall be 30 feet or shall be equal to the existing setback of the principal structure, whichever is less. For additional regulations and requirements pertaining to accessory buildings, see Section 9-3-6. For uses other than dwellings, the minimum side yard setback shall be as prescribed by the Village Board.

6.

Rear Yard. The minimum rear yard setback for one-family detached dwellings shall be 20 feet except where a rear yard adjoins a street with a right-of-way width of 66 feet or less in which case the required minimum rear yard shall be 30 feet. Where a rear yard adjoins a street with a right-of-way width of over 66 feet the required minimum rear yard shall be 35 feet. For additional regulations and requirements pertaining to accessory buildings, see Section 9-3-6. For uses other than dwellings, the minimum rear yard setback shall be as prescribed by the Village Board.

7.

Floor Area Ratio. The floor area ratio shall not exceed 0.40.

E.

Height Regulations. No portion of any building or structure located in an R-4 Residential District shall exceed 35 feet in height. The maximum height for antennas and communication towers shall be in accordance with Section 9-3-9.

F.

Off-Street Parking Regulations. Adequate provisions shall be made in all cases for off-street parking and off-street loading in accordance with the provisions of Section 9-3-2.

G.

General Regulations. For additional regulations and requirements pertaining to the R-4 District see Article 3 (Section 9-3, General Requirements and Procedures Applicable Within Various Districts).

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Legislative Intent. The purpose of the R-5 One-Family Residential District is to provide areas for medium density residential development. Public utility service is available to service areas of this type of development.

B.

Permitted Uses.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the R-5 Residential District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

a.

Uses lawfully established on the effective date of this Code; and

b.

Special uses allowed in accordance with the provisions of Section 9-5-5-C.

2.

The following uses are permitted in the R-5 Residential District:

a.

Dwellings, one-family detached;

b.

Golf courses, excepting driving ranges or miniature golf courses;

c.

Parks and playgrounds, owned or operated by public or noncommercial agencies;

d.

Public libraries;

e.

Public schools, non-boarding;

f.

Municipal buildings and uses;

g.

Dwellings, community residence, subject to the requirements of Section 9-3-12 of this Code;

h.

Accessory uses, including, but not limited to, the following:

(1)

Antennas and communication towers.

(2)

Architectural or landscaping embellishments, gazebos, pools, patios, decorative structures and gate houses.

(3)

Club houses and other structures on the grounds of golf courses.

(4)

Games, common residential.

(5)

Games, home.

(6)

Garages and carports.

(7)

Greenhouses.

(8)

Home occupations.

(9)

Storage of building materials (during course of construction only).

(10)

Swimming pools and tennis courts, private.

(11)

Temporary buildings for construction purposes only, but not to exceed the period of construction.

(12)

Tool houses, storage sheds and similar buildings for the storage of domestic supplies.

(13)

Utility and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

C.

Special Uses. Special uses, as hereinafter enumerated, may be allowed in the R-5 Residential District, subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the R-5 Residential District:

1.

Athletic fields and recreational facilities, non-commercial;

2.

Churches, rectories and parish houses;

3.

Driving ranges when operated in conjunction with a golf course;

4.

Public utility and public service uses;

5.

Dwellings, community residence located within 1,000 feet of any existing community residence (See Section 9-3-12-B).

D.

Area Regulations.

1.

Minimum Development Area. In order for a parcel to be classified as a R-5 Residential District, the parcel shall contain an area of 25 acres or more under single ownership and/or control.

2.

Lot Area. The minimum lot area for one-family detached dwellings shall be 8,500 square feet. The Village Board shall prescribe the minimum lot area for buildings other than dwellings.

3.

Lot Width. The minimum lot width for one-family detached dwellings shall be 65 feet measured at the building line. For uses other than dwellings, the minimum lot width shall be as prescribed by the Village Board.

4.

Front Yard. The minimum front yard setback for one-family detached dwellings shall be 25 feet. A porch that is covered entirely by a roof that is constructed of materials compatible with those used on the principal structure shall be subject to the setback of the principal structure, or extend up to six feet from the principal structure, whichever permits the larger porch. For uses other than dwellings, the minimum front yard setback shall be as prescribed by the Village Board.

5.

Side Yard. The minimum side yard setback for one-family detached dwellings shall be a total of 15 feet for both side yards. The combined side yards of any two adjacent lots shall be not less than 15 feet, except where a side yard adjoins a street, in which case the requirement for the side yard shall be 25 feet or shall be equal to the existing setback of the principal structure, whichever is less. For additional regulations and requirements pertaining to accessory buildings, see Section 9-3-6. For uses other than dwellings, the minimum side yard setback shall be as prescribed by the Village Board.

6.

Rear Yard. The minimum rear yard setback for one-family detached dwellings shall be 20 feet except where a rear yard adjoins a street with a right-of-way width of 66 feet or less in which case the required minimum rear yard shall be 30 feet. Where a rear yard adjoins a street with a right-of-way width of over 66 feet the required minimum rear yard shall be 35 feet. For additional regulations and requirements pertaining to accessory buildings, see Section 9-3-6. For uses other than dwellings, minimum rear yard setback shall be as prescribed by the Village Board.

7.

Floor Area Ratio. The floor area ratio shall not exceed 0.40.

E.

Height Regulations. No portion of any building or structure located in an R-5 Residential District shall exceed 35 feet in height. The maximum height for antennas and communication towers shall be in accordance with Section 9-3-9.

F.

Open Space Regulations.

1.

In residential subdivisions, no general plan shall be approved unless such plan provides for permanent public and permanent private open space equal to 40 percent of the total land area. A minimum of ten percent of the total land area shall be devoted to public open space.

2.

No final plat of subdivision shall be approved unless the applicant shall present the Village a definitive plan of open space indicating which areas are to remain as permanent public and permanent private open space.

3.

No final plat of subdivision shall be approved unless a permanent easement, reservation or dedication of public or private open space shown thereon is submitted and approved, the designation of open space being in accordance with the general plan.

4.

The final plat, or separate plat of open space, designating the open space shall contain on its fact [face] the following provisions:

"As part of the development known as ___________, there is hereby granted the Village of Hoffman Estates an open space easement in perpetuity that such permanent open space shall not be improved other than as permitted or required in the Zoning Code or Subdivision Code for the District. The Village of Hoffman Estates shall have the sole right to release portions of this open space easement from time to time."

G.

Off-Street Parking Regulations. Adequate provision shall be made in all cases for off-street parking and off-street loading in accordance with the provisions of Section 9-3-2.

H.

General Regulations. For additional regulations and requirements pertaining to the R-5 District, see Article 3 (Section 9-3, General Requirements and Procedures Applicable Within Various Districts).

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Legislative Intent. The purpose of the R-6 One-Family Residential District is to provide areas for medium density residential development. Public utility service is available to service areas of this type of development.

B.

Permitted Uses.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the R-6 Residential District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

a.

Uses lawfully established on the effective date of this Code; and

b.

Special uses allowed in accordance with the provisions of Section 9-5-6-C.

2.

The following uses are permitted in the R-6 Residential District:

a.

Dwellings, one-family detached;

b.

Golf courses, excepting driving ranges or miniature golf courses;

c.

Parks and playgrounds, owned or operated by public or noncommercial agencies;

d.

Public libraries;

e.

Public schools, non-boarding;

f.

Municipal buildings and uses;

g.

Dwellings, community residence, subject to the requirements of Section 9-3-12 of this Code;

h.

Accessory uses, including, but not limited to, the following:

(1)

Antennas and communication towers.

(2)

Architectural or landscaping embellishments, gazebos, pools, patios, decorative structures and gate houses.

(3)

Club houses and other structures on the grounds of golf courses.

(4)

Games, common residential.

(5)

Games, home.

(6)

Garages and carports.

(7)

Greenhouses.

(8)

Home occupations.

(9)

Storage of building materials (during course of construction only).

(10)

Swimming pools and tennis courts, private.

(11)

Temporary buildings for construction purposes only, but not to exceed the period of construction.

(12)

Tool houses, storage sheds and similar buildings for the storage of domestic supplies.

(13)

Utility and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

C.

Special Uses. Special uses, as hereinafter enumerated, may be allowed in the R-6 Residential District, subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the R-6 Residential District:

1.

Athletic fields and recreational facilities, non-commercial;

2.

Churches, rectories and parish houses;

3.

Driving ranges when operated in conjunction with a golf course;

4.

Public utility and public service uses;

5.

Dwellings, community residence located within 1,000 feet of any existing community residence (See Section 9-3-12-B).

D.

Area Regulations.

1.

Minimum Development Area. In order for a parcel to be classified as a R-6 Residential District, the parcel shall contain an area of 25 acres or more under single ownership and/or control.

2.

Lot Area. The minimum lot area for one-family detached dwellings shall be 7,500 square feet. The Village Board shall prescribe the minimum lot area for buildings other than dwellings.

3.

Lot Width. The minimum lot width for one-family detached dwellings shall be 65 feet measured at the building line. For uses other than dwellings, the minimum lot width shall be as prescribed by the Village Board.

4.

Front Yard. The minimum front yard setback for one-family detached dwellings shall be 25 feet. A porch that is covered entirely by a roof that is constructed of materials compatible with those used on the principal structure shall be subject to the setback of the principal structure, or extend up to six feet from the principal structure, whichever permits the larger porch. For uses other than dwellings, the minimum front yard setback shall be as prescribed by the Village Board.

5.

Side Yard. The minimum side yard setback for one-family detached dwellings shall be five feet, provided, however, the combined side yards of any two adjacent lots shall be not less than 15 feet, except where a side yard adjoins a street, in which case the requirement for the side yard shall be 25 feet or shall be equal to the existing setback of the principal structure, whichever is less. For additional regulations and requirements pertaining to accessory buildings, see Section 9-3-6. For uses other than dwellings, the minimum side yard setback shall be as prescribed by the Village Board.

6.

Rear Yard. The minimum rear yard setback for one-family detached dwellings shall be 20 feet except where a rear yard adjoins a street with a right-of-way width of 66 feet less in which case the required minimum yard shall be 30 feet. Where a rear yard adjoins a street with a right-of-way width of over 66 feet the required minimum rear yard shall be 35 feet. For additional regulations and requirements pertaining to accessory buildings, see Section 9-3-6. For uses other than dwellings, the minimum rear yard setback shall be as prescribed by the Village Board.

7.

Floor Area Ratio. The floor area ratio shall not exceed 0.4.

E.

Height Regulations. No portion of any building or structure located in an R-6 Residential District shall exceed 35 feet in height. The maximum height for antennas and communication towers shall be in accordance with Section 9-3-9.

F.

Open Space.

1.

In residential subdivisions, no general plan shall be approved unless such plan provides for permanent public and permanent private open space equal to 40 percent of the total land area. A minimum of ten percent of the total land area shall be devoted to public open space.

2.

No final plat of subdivision shall be approved unless the applicant shall present the Village a definitive plan of open space indicating which areas are to remain as permanent public and permanent private open space.

3.

No final plat of subdivision shall be approved unless a permanent easement, reservation or dedication of public or private open space shown thereon is submitted and approved, the designation of open space being in accordance with the general plan.

4.

The final plat, or separate plat of open space, designating the open space shall contain on its face the following provisions:

"As part of the development known as ___________, there is hereby granted the Village of Hoffman Estates an open space easement in perpetuity that such permanent open space shall not be improved other than as permitted or required in the Zoning Code or Subdivision Code for the District. The Village of Hoffman Estates shall have the sole right to release portions of this open space easement from time to time."

G.

Off-Street Parking Regulations. Adequate provision shall be made in all cases for off-street parking and off-street loading in accordance with the provisions of Section 9-3-2.

H.

General Regulations. For additional regulations and requirements pertaining to the R-6 District see Article 3 (Section 9-3, General Requirements and Procedures Applicable Within Various Districts).

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Legislative Intent. The purpose of the R-7 One-Family Residential District is to provide areas for residential development on small lots typically through the construction of zero lot line single-family detached homes which utilize the blank side or rear walls of adjacent units and/or accessory barrier walls or fences to form a private courtyard.

B.

Permitted Uses.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the R-7 Residential District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

a.

Uses lawfully established on the effective date of this Code; and

b.

Special uses allowed in accordance with the provisions of Section 9-5-7-C.

2.

The following uses are permitted in the R-7 Residential District:

a.

Dwellings, one-family detached—Zero lot line;

b.

Golf courses, excepting driving ranges or miniature golf courses;

c.

Parks and playgrounds, owned or operated by public or noncommercial agencies;

d.

Public libraries;

e.

Public schools, non-boarding;

f.

Municipal buildings and uses;

g.

Dwellings, community residence, subject to the requirements of Section 9-3-12 of this Code;

h.

Accessory uses, including, but not limited to, the following:

(1)

Antennas and communication towers.

(2)

Architectural or landscaping embellishments, gazebos, pools, patios, decorative structures and gate houses.

(3)

Club houses and other structures on the grounds of golf courses.

(4)

Games, common residential.

(5)

Games, home.

(6)

Garages and carports.

(7)

Greenhouses.

(8)

Home occupations.

(9)

Storage of building materials (during course of construction only).

(10)

Swimming pools and tennis courts, private.

(11)

Temporary buildings for construction purposes only, but not to exceed the period of construction.

(12)

Tool houses, storage sheds and similar buildings for the storage of domestic supplies.

(13)

Utility and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

C.

Special Uses. Special uses, as hereinafter enumerated, may be allowed in the R-7 Residential District, subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the R-7 Residential District:

1.

Athletic fields and recreational facilities, non-commercial;

2.

Churches, rectories and parish houses;

3.

Driving ranges when operated in conjunction with a golf course;

4.

Public utility and public service uses;

5.

Dwellings, community residence located within 1,000 feet of any existing community residence (See Section 9-3-12-B).

D.

Area Regulations.

1.

Minimum Development Area. In order for a parcel to be classified as a R-7 Residential District, the parcel shall contain an area of ten acres or more under single ownership and/or control.

2.

Lot Area. The minimum lot area for one-family detached dwellings shall be 4,000 square feet. The Village Board shall prescribe the minimum lot area for buildings other than dwellings.

3.

Lot Width. The minimum lot width for one-family detached dwellings shall be 40 feet measured at the building line. For uses other than dwellings, the minimum lot width shall be as prescribed by the Village Board.

4.

Front Yard. The minimum front yard setback for one-family detached dwellings shall be 20 feet. For uses other than dwellings, the minimum front yard setback shall be as prescribed by the Village Board.

5.

Side Yard. No minimum side yard setback shall be required provided, however, the combined side yards of any two adjacent lots shall not be less than 15 feet, except where a side yard adjoins a street, in which case the requirement for the side yard shall be 20 feet or shall be equal to the existing setback of the principal structure, whichever is less. For additional regulations and requirements pertaining to accessory buildings, see Section 9-3-6. For uses other than dwellings, the minimum side yard setback shall be as prescribed by the Village Board.

6.

Rear Yard. The minimum rear yard setback for one-family detached dwellings shall be 18 feet except where a rear yard adjoins a street with a right-of-way width of 66 feet or less in which case the required minimum rear yard shall be 30 feet. Where a rear yard adjoins a street with a right-of-way width of over 66 feet the required minimum rear yard shall be 35 feet. For additional regulations and requirements pertaining to accessory buildings, see Section 9-3-6. For uses other than dwellings, the minimum rear yard setback shall be as prescribed by the Village Board.

7.

Floor Area Ratio. The floor area ratio on lots less than 6,500 square feet shall be 0.45. On lots less than 7,500 square feet but greater than 6,500 square feet the floor area ratio shall be 0.35. On lots 7,500 square feet or greater the floor area ratio shall be 0.30.

E.

Height Regulations. No portion of any building or structure located in an R-7 Residential District shall exceed 35 feet in height. The maximum height for antennas and communication towers shall be in accordance with Section 9-3-9.

F.

Open Space.

1.

In residential subdivisions, no general plan shall be approved unless such plan provides for permanent public and permanent private open space equal to 40 percent of the total land area. A minimum of ten percent of the total land area shall be devoted to public open space.

2.

No final plat of subdivision shall be approved unless the applicant shall present the Village a definitive plan of open space indicating which areas are to remain as permanent public and permanent private open space.

3.

No final plat of subdivision shall be approved unless a permanent easement, reservation or dedication of public or private open space shown thereon is submitted and approved, the designation of open space being in accordance with the general plan.

4.

The final plat, or separate plat of open space, designating the open space shall contain on its face the following provisions:

"As part of the development known as ___________, there is hereby granted the Village of Hoffman Estates an open space easement in perpetuity that such permanent open space shall not be improved other than as permitted or required in the Zoning Code or Subdivision Code for the District. The Village of Hoffman Estates shall have the sole right to release portions of this open space easement from time to time."

G.

Off-Street Parking Regulations. Adequate provision shall be made in all cases for off-street parking and off-street loading in accordance with the provisions of Section 9-3-2.

H.

General Regulations. For additional regulations and requirements pertaining to the R-7 District see Article 3 (Section 9-3, General Requirements and Procedures Applicable Within Various Districts).

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Legislative Intent. The purpose of the R-8 Two-Family Residential District is to provide areas for duplex residential development on small lots in those areas where such development would be compatible with surrounding uses and where public facilities are adequate to support this type of use.

B.

Permitted Uses.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the R-8 Residential District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

a.

Uses lawfully established on the effective date of this Code; and

b.

Special uses allowed in accordance with the provisions of Section 9-5-8-C.

2.

The following uses are permitted in the R-8 Residential District:

a.

Dwelling, one-family detached;

b.

Dwellings, two-family;

c.

Golf courses, excepting driving ranges or miniature golf courses;

d.

Parks and playgrounds, owned or operated by public or noncommercial agencies;

e.

Public libraries;

f.

Public schools, non-boarding;

g.

Municipal buildings and uses;

h.

Dwellings, community residence, subject to the requirements of Section 9-3-12 of this Code;

i.

Accessory uses, including, but not limited to, the following:

(1)

Antennas and communication towers.

(2)

Architectural or landscaping embellishments, gazebos, pools, patios, decorative structures and gate houses.

(3)

Club houses and other structures on the grounds of golf courses.

(4)

Games, common residential.

(5)

Games, home.

(6)

Garages and carports.

(7)

Greenhouses.

(8)

Home occupations.

(9)

Storage of building materials (during course of construction only).

(10)

Swimming pools and tennis courts, private.

(11)

Temporary buildings for construction purposes only, but not to exceed the period of construction.

(12)

Tool houses, storage sheds and similar buildings for the storage of domestic supplies.

(13)

Utility and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

C.

Special Uses. Special uses, as hereinafter enumerated, may be allowed in the R-8 Residential District, subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the R-8 Residential District:

1.

Athletic fields and recreational facilities, non-commercial;

2.

Churches, rectories and parish houses;

3.

Driving ranges when operated in conjunction with a golf course;

4.

Public utility and public service uses;

5.

Dwellings, community residence located within 1,000 feet of any existing community residence (See Section 9-3-12-B).

D.

Area Regulations.

1.

Minimum Development Area. In order for a parcel to be classified as a R-8 Residential District, the parcel shall contain an area of ten acres or more under single ownership and/or control.

2.

Lot Area. The minimum lot area for one-family detached dwellings shall be 7,500 square feet provided, however, the minimum lot area for two-family dwellings shall be 3,500 square feet per dwelling unit. The Village Board shall prescribe the minimum lot area for buildings other than dwellings.

3.

Lot Width. The minimum lot width for one-family detached dwellings shall be 70 feet provided, however, the minimum lot width for each section of two-family dwellings shall be 35 feet. The minimum lot width shall be measured at the building line. For uses other than dwellings, the minimum lot width shall be as prescribed by the Village Board.

4.

Front Yard. The minimum front yard setback for two-family dwellings shall be 25 feet. For uses other than one- and two-family dwellings, the minimum front yard setback shall be as prescribed by the Village Board.

5.

Side Yard. The minimum side yard setback for one- and two-family dwellings shall be five feet, provided, however, the combined side yards of any two adjacent lots shall be not less than 15 feet, except where a side yard adjoins a street, in which case the requirement for the side yard shall be 25 feet or shall be equal to the existing setback of the principal structure, whichever is less. For additional regulations and requirements pertaining to accessory buildings, see Section 9-3-6. For uses other than dwellings, the minimum side yard setback shall be as prescribed by the Village Board.

6.

Rear Yard. The minimum rear yard setback for one- and two-family dwellings shall be 20 feet except where a rear yard adjoins a street with a right-of-way width of 66 feet or less in which case the required minimum rear yard shall be 30 feet. Where a rear yard adjoins a street with a right-of-way width of over 66 feet the required minimum rear yard setback shall be 35 feet. For additional regulations and requirements pertaining to accessory buildings see Section 9-3-6. For uses other than one- and two-family dwellings the rear yard setback shall be as prescribed by the Village Board.

7.

Floor Area Ratio. The floor area ratio on lots less than 6,500 square feet shall be 0.45. On lots less than 7,500 square feet but greater than 6,500 square feet the floor area ratio shall be 0.35. On lots 7,500 square feet or greater the floor area ratio shall be 0.30.

E.

Height Regulations. No portion of any building or structure located in an R-8 Residential District shall exceed 35 feet in height. The maximum height for antennas and communication towers shall be in accordance with Section 9-3-9.

F.

Off-Street Parking Regulations. Adequate provision shall be made in all cases for off-street parking and off-street loading in accordance with the provisions of Section 9-3-2.

G.

General Regulations. For additional regulations and requirements pertaining to the R-8 District see Article 3 (Section 9-3, General Requirements and Procedures Applicable Within Various Districts).

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Legislative Intent. The purpose of the R-9 Planned Development District is to permit the development of various residential uses, business uses and public uses of land in an ordered manner. In order to accomplish the foregoing, a General Plan consisting of various subzones has been approved by the Village Board. This district has been approved by the Village Board consistent with a court settlement and it is the intent of the Village Board not to expand this district or to permit the district's application to other areas of the Village.

B.

Subzone District Regulations.

1.

Subzone A. There shall be permitted in Subzone A single-family detached residences on subdivided lots and other uses deemed sympathetic thereto as set forth in Section 9-5-9-C subject to the zoning controls set forth in Sections 9-5-9-D and E.

2.

Subzone B. There shall be permitted single-family attached dwelling units at a density not to exceed seven and one-half dwelling units per acre and other uses as set forth in Section 9-5-9-C. Each Subzone B shall, at time of final plats, be divided into zoning lots one for each housing type being built in the subzone district. Housing types permitted are detached single-family dwellings, zero lot line detached single-family residential, townhouses, attached single-family residential, and plexus housing units. In addition to the density requirements provided for the subzone district, the developer shall be required to restrict the density of any zoning lot to the number of dwelling units prescribed for the particular housing type constructed, as set forth in Section 9-5-9-D and E. In the event that the developer fails to use all of the permitted density on any zoning lot, he shall not be permitted to make use of the unused density in the remainder of the subzone district, however, portability of density shall be permitted. Subzone A uses shall be permitted in Subzone B.

3.

Subzone C. Garden Apartments are permitted at a density not exceeding 17 dwelling units to the acre and the uses permitted in Section 9-5-9-C subject to the zoning control requirements set forth in Sections 9-5-9-D and E. At time of final plats, each area in the subzone shall be divided into zoning lots numbered in accordance with the schedule of development of said zoning lots. Subzone A and B uses shall be permitted in Subzone C.

4.

Subzone D. Subzone District permits mid-rise apartments at a gross density of 30 dwelling units to the acre and other uses as set forth in Section 9-5-9-C subject to the zoning controls requirements set forth in Sections 9-5-9-D and E. At the time of final plats, each area in the subzone shall be divided into zoning lots numbered in accordance with the schedule of development of said zoning lots. Subzone A, B and C uses shall be permitted in Subzone D.

5.

Subzone E. The uses permitted in a public subzone are set forth in Section 9-5-9-C subject to the zoning control requirements set forth in Sections 9-5-9-D and E.

6.

Subzone F-1. In the neighborhood business subzone the uses permitted are set forth in Sections 9-5-9-C subject to the requirements set forth in Sections 9-5-9-D, 9-5-9-E and 9-5-9-M.

7.

Subzone F-2. The uses permitted in the central business subzone are set forth in Section 9-5-9-C subject to the regulations set forth in Sections 9-5-9-D, 9-5-9-E and 9-5-9-M. Multiple-family residential uses are permitted on the basis of six dwelling units per acre. Dwelling units shall not be permitted below the standard floor above ground level of any building. Dwelling units shall not be located on the same floor as any business use in the Subzone F-2 except where the residential use and the business use are separated by a minimum horizontal distance of 75 feet. Dwelling units shall only be located above professional and service offices and garages or carports. Penthouse-type restaurant or cocktail lounge business uses may be permitted with a special use permit on the type floor of a residential structure.

8.

Density Standards. The gross residential density for any R-9 Planned Development District shall not exceed nine dwelling units per acre computed on a gross acre age basis; nor shall the density of any subzoning lot exceed the maximum density permitted for any subzone under the regulations herein contained.

C.

Subzone Uses and Building Types.

1.

Uses and building types allowed in the various subzones in an R-9 District are listed in the following table. P indicates a permitted use, S indicates a use subject to the issuance of a special use permit, and T indicates a use subject to the issuance of a temporary use permit.

2.

A special use may be allowed in the R-9 District, subject to the issuance of a special use permit in accordance with the provisions of Section 9-1-18.

3.

The following regulations govern the granting of Temporary Uses:

a.

Permits. Application for a temporary use permit shall be made to the Director of Code Enforcement and shall contain the following information:

(1)

A survey or legal description of the property to be used, rented, or leased for the temporary use, including all information necessary to accurately portray the property.

(2)

A description of the proposed use.

(3)

Sufficient information to determine the yard requirements, sanitary facilities, and availability of parking space to service the proposed use.

b.

Uses. The following are temporary uses and are subject to the following specific regulations and time limits, in addition to the regulations of any subzone in which the use is located:

(1)

Carnival, Circus or Fair—A temporary use permit may be issued for a period not longer than five days.

(2)

Construction Activities—Contractor's Office and Equipment Sheds—A temporary use permit may be issued for a contractor's temporary office and equipment sheds incidental to a construction project. The office or shed shall not contain sleeping or cooking accommodations. The permit shall be valid for not more than one year but is renewable. The office or shed shall be removed upon completion of the construction project.

(3)

Sales and Rental, Model Buildings—A temporary use permit may be issued for a temporary sales or rental office in a new subdivision. The office shall contain no sleeping or cooking accommodations. The permit shall be valid for not more than one year, but is renewable. The office shall be removed upon completion of the development of the subdivision. A model home may be used as a temporary sales office. Other associated improvements shall be included under this item including, but not limited to fences, parking, lighting, landscaping and architectural embellishments.

(4)

Christmas Tree Sales—A temporary use permit may be issued for the display and open lot sales of Christmas trees for no longer than 45 days.

D.

Yards, Setbacks, Spacing Between Buildings, and Building Height Regulations.

All Dimensions are in Feet and are Minimums Except for Building Height Which is a Maximum

Footnotes: N.R. = No Requirement

⁽¹⁾ The side yard depth shall mean the total distance between end walls of any two townhouse buildings, or the distance between the end wall and the rear line of another building.

⁽²⁾ The rear yard line shall be assumed to extend the full width of the unit between the projected centerlines of the common walls between units or the outer edge of the end wall in the case of an end unit. Yards in reference in townhouses, whether or not the unit parcels are subdivided, shall be designated and dimensioned on the final plat documents as yards or the private open space associated with each individual unit for the purpose of zoning control.

⁽³⁾ The minimum horizontal distance between building or abutting other residential districts shall be 30 feet or the height of the tallest building from which the measurements are taken, whichever is greater.

⁽⁴⁾ Space between buildings, but excluding fireplaces that do not exceed 24 inches.

⁽⁵⁾ Antennas, either master or individual may be ten feet higher than the maximum building height.

⁽⁶⁾ Setback from edge of private driveway. Type A and B private manor [major] streets not allowed. Setback from outside edge of curb to face of garage door shall be a minimum of 22 feet.

⁽⁷⁾ Setback along minor streets measured from outer edge of parkway, sidewalk, or off[-]street parking bay, whichever is greater.

⁽⁸⁾ Private streets not allowed.

⁽⁹⁾ Antennas and communication towers—See Article 3, Section 9-3-9.

⁽¹⁰⁾ A, B. D, or C Sub-zone requirements shall conform to building type above and not necessarily the sub-zone above.

E.

Permitted Density, Lot Area, and Intensity.

A, B, C or D subzone requirements shall conform to building type above and not necessarily the subzone above.

F.

Portability of Density. C Subzones may be converted into D Subzones to make up for a proven density loss upon presentation of proof of loss.

G.

Adequate provision shall be made in all cases for off-street parking and off-street loading in accordance with the provisions of Section 9-3-2.

H.

Off-Street Loading Regulations. (REPEALED)

I.

Recreational Equipment Parking. See Section 9-3-4.

J.

Fences, Shrubs, Hedges and Decorative Structures.

1.

Required Fences.

a.

A minimum seven-foot high, 100 percent enclosed fence must be erected within the lot area of Subzones F-l and F-2 where such lot lines abut residentially zoned property where sightproof screening of the commercial areas is needed due to the provision of outside storage of equipment or supplies, loading docks and/or refuse disposal facilities.

Screening by way of a densely planted compact hedge of not less than five and one-half feet in height, five and one-half landscaped earth berm or a landscaped buffer area of a minimum width of 30 feet may be provided in lieu of the seven-foot high fence. The owner or developer of such commercially zoned property shall be responsible for the erection of the required fence or screening buffer treatment.

b.

Fences shall be required around swimming pools as defined in Section 8-9-3 of the Hoffman Estates Municipal Code.

2.

Prohibited Fences, Shrubs, Hedges and Walls. The following fences, shrubs, hedges and walls are hereby prohibited:

a.

Barbed wire and electrically charged wire.

b.

Snow fences, except for exclusive control of snow between November 1 and March 31 provided that snow fences shall be installed only on that portion of a lot which faces or abuts a road, street or highway.

c.

No fence, shrubbery, hedging or walls shall be permitted on any portion of any public right-of-way, nor shall same be placed or maintained so as to obstruct a clear view of private driveways, sidewalks or pedestrian walks. No shrubbery, hedging or planting which interferes with clear vision shall be permitted within the traffic sight line area.

d.

A fence which has a height of more than six feet, unless a variation is obtained through a public hearing before the Planning and Zoning Commission, except as provided for in this Code.

3.

Regulations of Permitted Fences.

a.

No fence shall be erected in excess of six feet above ground level or grade level along interior or rear lot lines, except that fences seven feet above ground or grade level may be erected in Subzones F-1 and F-2, provided that the height limitations contained herein shall not apply to shrubs or hedges on interior or rear lot lines.

b.

In Subzone A or detached single-family dwelling building types, no fence shall be constructed or installed in any front yard closer to any street or roadway than the front building line, except that a fence may be installed to the property line along the rear lot line on lots adjoining a street or roadway.

c.

In Subzones B, C or D, building types that are not detached single-family building types, a fence may be installed to the property line along the front, rear and side lot line provided that these fences comply with Section 9-5-9-J-3 above.

d.

Fences Around all bona fide, regulation size tennis courts shall be exempt from the height limitations of this Code.

e.

Patio privacy fences and trellises shall be permitted within the building lines and shall not exceed eight and one-half feet in height.

f.

A private dog enclosure or run shall be permitted only within rear yards in Subzone A and shall be constructed so as to not exceed six feet in height.

g.

Fences erected in all districts shall be erected so that the posts and all other supporting members face toward the owner's property. The rough, unfinished side of a fence shall face the owner's property.

4.

Decorative Structures. Decorative structures shall be permitted in front yards.

5.

Applicability of Building Code. All provisions of the Building Codes of the Village of Hoffman Estates are to be followed as they pertain to fences.

6.

Permit Required. A permit is required for the construction, installation or erection of all fences, except those permitted in Sections 9-5-9-J-[3](c) and (d), and is to be secured from the Department of Code Enforcement. Permit fees are to be determined by action of the Village Board.

K.

General Plan Standards.

1.

General Design Standards. The general plan design shall be prepared by professional persons, architects, city planners, engineers, landscape and architects and surveyors, and in accordance with applicable Village ordinances. Architects, engineers and surveyors shall be licensed by the State of Illinois. City Planners shall be full members or eligible for full membership in the American Planning Association. Landscape Architects shall be full members or eligible for full membership in the American Society of Landscape Architects.

a.

All elements of the traffic circulation system shall be designed as a cohesive system providing safe and convenient access to and from private and public facilities within the development and the surrounding community.

b.

Circulation of motor vehicles shall be separated from the pedestrian or sidewalk system, except at points of boarding, where sidewalks are used as off-street emergency vehicle access, and where sidewalks connect with existing improvements outside of the project planning area.

c.

Major streets shall be planned to provide continuity in serving as major traffic arteries connecting large areas and shall not provide access to abutting property.

d.

Collector streets shall be planned to carry traffic from minor areas of residential development and as the primary circulation streets within the development. Such streets may also serve as access to abutting development providing that the frequency of openings and volume of traffic from such access does not exceed that which would normally be allowed for conventional R-3 District lots abutting a collector street.

e.

The sidewalk system shall lead to both the gathering places of the inhabitants and places of boarding public transportation which are in or contiguous to the project planning area.

f.

The sidewalk system shall follow the shortest route based on the best approximation of pedestrian desire lines.

g.

The land uses plan shall provide that flood hazard areas are free of potential damageable uses.

h.

The plan shall protect adjacent upstream and downstream private and public properties from direct and substantial increases in flooding damage.

2.

External Relationships.

a.

Principal vehicular access shall be from major streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. In no case shall streets connect in such a way as to encourage use of minor streets or driveways for through traffic.

b.

Access for pedestrians and cyclists entering or leaving the development shall be arranged to provide safe and convenient routes.

3.

Internal Relationships.

a.

Streets, driveways, parking and service areas shall provide safe and convenient access to dwelling units and project facilities, and for service and emergency vehicles.

b.

Vehicular access to streets from driveways, off-street parking, and service areas shall be designed to channel traffic from and to such areas in a manner which promotes free traffic flow.

c.

Sidewalks shall form a safe and convenient system for pedestrian use and all dwelling units must have a direct access to the sidewalk system. In Subzone B, either clusters of not more than six individual zero lot line detached single-family dwelling units or eight attached single-family or plexus dwelling units served by a street having one open end and being permanently terminated by a vehicular turnaround may utilize same as a means of providing direct access to the sidewalk system.

d.

All electric and telephone utility services, except main feeder or transmission lines, shall be located underground.

4.

Open Space.

a.

No general plan shall be approved unless such plan provides for permanent public and permanent private open space equal to 40 percent of the total land area. A minimum of ten percent of the total land area shall be devoted to public open space.

b.

No final plat of subdivision shall be approved unless the applicant shall present the Village a definitive plan of open space indicating which areas are to remain as permanent public and permanent private open space.

c.

No final plat of subdivision shall be approved unless a permanent easement, reservation or dedication of public or private open space shown thereon is submitted and approved, the designation of open space being in accordance with the general plan.

d.

The final plat, or separate plat of open space, designating the open space shall contain on its face the following provisions:

"As part of the development known as ___________, there is hereby granted the Village of Hoffman Estates an open space easement in perpetuity that such permanent open space shall not be improved other than as permitted or required in the Zoning Code or Subdivision Code for the District. The Village of Hoffman Estates shall have the sole right to release portions of this open space easement from time to time."

L.

Approval of the General Plan, Plats and Engineering. Approval of the General Plan shall be deemed an expression of approval to the general layout submitted and act as a guide to the preparation of preliminary and final plats and engineering plans and specifications which shall be submitted to and approved by the Village prior to the issuance of any building permit. The preliminary and final plats and engineering plans and specifications shall be submitted in accordance with subdivision regulations pertaining to the particular type of development and shall meet the standards set forth in this Code and the General Plan. Approval of the plats and engineering shall be in accordance with the approved General Plan, the standards of control described herein; as well as the R-9 Subdivision Regulations. In the event that the developer desires a major change of the General Plan, he shall file an application requesting same which application shall be processed as though it were a new application for approval of the General Plan. In the event that the developer makes a request for a minor change in the Plan then said change shall be submitted to the Village Board at a regular meeting through the Village Manager and shall be approved or disapproved within 15 days of request. In the event there is a question of interpretation as to whether or not a change is a major or minor change, the Village Board shall determine same after advice from the Village Manager.

M.

Outside Storage Regulations. The sale, servicing, storage and display of goods and/or materials shall be conducted within completely enclosed buildings, unless otherwise provided for herein. The following activities and uses are exempt from this requirement:

1.

Those uses and activities specifically designated and approved by the Village of Hoffman Estates for the outdoor display and/or sale of products or materials.

2.

Those uses and activities established in accordance with the provisions of Chapter 8, Section 8-7-17 (Seasonal Outdoor Sales) of the Municipal Code of the Village of Hoffman Estates.

N.

General Regulations. For additional regulations and requirements pertaining to the R-9 District see Article 3 (Section 9-3, General Requirements and Procedures Applicable Within Various Districts).

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11; Ord. No. 4350-2013, § 6, 1-14-13)

A.

Legislative Intent. The purpose of the R-10 Attached Single-family Dwelling Residential District is to provide for townhouse residential development in appropriate areas and to encourage innovative uses of setbacks, building heights, facades, materials and layouts, and to encourage in such developments the amenities normally associated with townhouse developments in order to provide aesthetically pleasing designs consistent with the Subdivision Code townhouse development guidelines. Such development should take place in locations where it would be compatible with surrounding uses and where public facilities are adequate to support this type of use.

B.

Permitted Uses.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the R-10 Residential District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

a.

Uses lawfully established on the effective date of this Code; and

b.

Special uses allowed in accordance with Section 9-5-10-C.

2.

The following uses are permitted in the R-10 Residential District:

a.

Dwellings, one-family attached.

b.

Dwellings, one-family attached, stacked.

c.

Dwellings, community residence, subject to the requirements of Section 9-3-12 of this Code.

d.

Golf courses, excepting driving ranges or miniature golf courses.

e.

Municipal buildings and uses.

f.

Parks and playgrounds, owned or operated by public or noncommercial agencies.

g.

Public libraries.

h.

Public schools, non-boarding.

i.

Accessory uses, including, but not limited to, the following:

(1)

Antennas and communication towers.

(2)

Architectural or landscaping embellishments such as, but not limited to: ornamental pools, patios, decorative structures and gate houses.

(3)

Club houses and other structures on the grounds of golf courses.

(4)

Games, common residential.

(5)

Games, home.

(6)

Garages and carports.

(7)

Greenhouses.

(8)

Home occupations.

(9)

Storage of building materials (during course of construction only).

(10)

Swimming pools and tennis courts, private.

(11)

Temporary buildings for construction purposes only, but not to exceed the period of construction.

(12)

Tool houses, storage sheds and similar buildings for the storage of domestic supplies.

(13)

Utility and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

C.

Special Uses. Special uses, as hereinafter enumerated, may be allowed in the R-10 Residential District, subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the R-10 Residential District:

1.

Athletic fields and recreational facilities, non-commercial.

2.

Churches, rectories and parish houses.

3.

Driving ranges when operated in conjunction with a golf course.

4.

Public utility and public service uses.

5.

Dwellings, community residence located within 1,000 feet of any existing community residence (see Section 9-3-12-B).

D.

Area Regulations.

1.

Minimum Development Area. In order for a parcel to be classified as an R-10 Residential District, the parcel shall contain an area of ten acres or more under single ownership and/or control.

2.

Lot Area. The minimum building lot area in the R-10 Residential District shall be determined by the Village Board.

3.

Lot Width/Driveway Separation. In the R-10 Residential District the minimum lot width and driveway separation shall be prescribed by the Village Board. For additional regulations, reference the townhome development guidelines in the Subdivision Code.

4.

Perimeter Yard Set Back. The minimum distance between dwelling units and the outer boundary line of the development shall be 25 feet, however, the Village Board may require additional setbacks where adjacent land uses, streets, or other factors create the need for additional buffering.

5.

Front Yard. The minimum front yard setback for dwelling units shall be 25 feet. For uses other than dwellings, the minimum front yard setback shall be as prescribed by the Village Board. For additional requirements, refer to Section 9-5-10-D-4 and Section 9-5-10-D-10.

6.

Side Yard. The minimum side yard setback for dwelling units with an exterior side wall shall be ten feet, except where a side yard adjoins a street, in which case the requirements for the side yard shall be 25 feet or shall be equal to the existing setback of the principal structure, whichever is less. For additional regulations and requirements pertaining to accessory buildings, see Section 9-3-6. For uses other than dwellings, the minimum side yard setback shall be as prescribed by the Village Board. For additional requirements, refer to Section 9-5-10-D-4.

7.

Rear Yard. The minimum rear yard setback for dwelling units shall be 25 feet. For additional regulations and requirements pertaining to accessory buildings, see Section 9-3-6. For uses other than dwellings, the minimum rear yard setback shall be as prescribed by the Village Board. For additional requirements, refer to Section 9-5-10-D-4 and Section 9-5-10-D-10.

8.

Yard Separations. In the R-10 Residential District, the yards for each structure (dwelling unit) as defined in Section 9-2-1 (Definitions) shall not encroach or overlap the yards of any adjacent structure.

9.

Minimum Open Space. The minimum open space requirements for the R-10 Residential District shall be as prescribed by the Village Board.

10.

Density. The gross density for the R-10 District shall not exceed six dwelling units per acre.

11.

Front and Rear Facade Design. Front and rear facade design shall be as prescribed by the Village Board. For additional regulations, reference the townhome development guidelines in the Subdivision Code.

E.

Height Regulations. No portion of any building or structure located in an R-10 Residential District shall exceed 35 feet in height. The maximum height for antennas and communication towers shall be in accordance with Section 9-3-9.

F.

Parking Regulations. For each dwelling unit, there shall be sufficient area to permit parking for two vehicles directly in front of the garage for the unit. A driveway may share with an adjoining driveway a common curb cut. Adequate provision shall be made in all cases for off-street parking in accordance with provisions of Section 9-3-2. The Village Board shall prescribe the minimum requirements for guest parking. For additional regulations, reference the townhome development guidelines in the Subdivision Code.

G.

Private Traffic Way and Parking Area Regulations. In the R-10 Zoning District, dwelling units may front on private traffic ways and parking areas if adequate parking, and access for public safety vehicles is provided along such private traffic ways. No more than 11 individual dwelling units and no more than two buildings shall be served by any one private traffic way and parking area. The Village Board shall determine the required roadway width and may specify additional requirements for private traffic way and parking areas.

H.

Building Size. There shall be a variety of building sizes throughout a development. The Village Board shall determine the exact number of units in each building, however, in no case shall the maximum number of units in a building exceed six. For additional regulations, reference the townhome development guidelines in the Subdivision Code.

I.

General Requirements. For additional regulations and requirements pertaining to the R-10 District, see Article 3 (Section 9-3, General Requirements and Procedures Applicable Within Various Districts) and the townhome development guidelines in the Subdivision Code.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Legislative Intent. The purpose of the RPD Residential Planned Development District is to encourage the efficient use of land and public service through the unified development of one or more tracts of contiguous land with a combination of land uses. This district exists in recognition of existing areas currently being developed under previously approved RPD General Plans and it is the intent of the Village Board not to expand this district or to permit the district's application to other areas of the Village.

B.

Application. The establishment of a Residential Planned Development District (herein called an RPD District) shall contain an area of not less than 100 contiguous acres under single ownership or control at the time such RPD District is established, and shall be developed pursuant to a General Plan of Site Development (herein called the General Plan). For the purpose of determining ownership or control, the holder of a written option to purchase land or the purchaser under a written contract to purchase land shall be deemed to be the owner of such land.

C.

Procedure For Amending the General Plan.

1.

Initiation. The procedure for amending the General Plan shall be in accordance with the map amendment procedures of Section 9-1-17.

2.

Presentation Requirements. In conjunction with the application for amending the General Plan, the applicant shall submit a completed Village of Hoffman Estates Community Impact Statement.

3.

Effective Approval.

a.

The Village Board shall either grant approval of the application, with or without modification, or deny such application. If the application is approved, the area of land involved shall be redesignated on the General Plan by ordinance and such ordinance shall include any conditions or restrictions that may be imposed by the Village Board.

b.

No building permit shall be issued for any structure within the RPD District unless such structure conforms to the provisions of the General Plan and other applicable zoning requirements.

c.

If buildings or other improvements are located within 30 feet of the location shown on the approval General Plan, for purposes of this Code, such buildings or other improvements shall be deemed to be in substantial compliance herewith.

D.

Permitted Uses, Residential.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the RPD District. No building or land within the RPD District shall be devoted to any use other than uses permitted hereunder with the exception of uses lawfully established on the effective date of this Code.

2.

The following uses are permitted in the Residential Planned Development District:

a.

Dwellings, Multiple;

b.

Dwellings, One-family attached;

c.

Dwellings, One-family detached;

d.

Dwellings, Two-family;

e.

Churches, rectories, and parish houses;

f.

Golf Courses, excepting driving ranges or miniature golf courses;

g.

Parks and playgrounds, owned or operated by public or noncommercial agencies;

h.

Public libraries;

i.

Public schools, Non-boarding;

j.

Sales or rental model buildings;

k.

Municipal buildings and uses;

l.

Dwellings, Community residence, subject to the requirements of Section 9-3-12 of this Code;

m.

Accessory uses, including, but not limited to, the following:

(1)

Antennas and communication towers.

(2)

Architectural or landscaping embellishments, gazebos, pools, patios, decorative structures and gate houses.

(3)

Club houses and other structures on the grounds of golf courses and one-family attached and multiple dwelling developments.

(4)

Games, common residential.

(5)

Games, home.

(6)

Garages and carports.

(7)

Greenhouses.

(8)

Home occupations.

(9)

Storage of building materials (during course of construction only).

(10)

Storage yards for unoccupied recreational equipment registered to residents of the development.

(11)

Swimming pools and tennis courts, private.

(12)

Temporary buildings for construction purposes only, but not to exceed the period of construction.

(13)

Tool houses, storage sheds and similar buildings for the storage of domestic supplies.

(14)

Utility and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

E.

Special Uses, Residential. Special uses, as hereinafter enumerated, may be allowed in the RPD District subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the RPD District:

1.

Athletic fields and recreational facilities, Non-commercial.

2.

Driving ranges when operated in conjunction with a golf course.

3.

Public utility and public service uses.

4.

Dwellings, Community residence located within 1,000 feet of any existing community residence (See Section 9-3-12-B).

5.

Dwelling - Assisted Residential Facilities, provided the detailed characteristics of the use are clearly defined, no special use shall be approved unless it is found that in addition to the general standards set forth in Section 9-1-18, adequate provisions are made for maintaining the necessary quality of care for residents, and adequate building design and operational measures are taken to ensure the safety of all residents.

6.

Dwelling - Independent Residential Facilities, provided the detailed characteristics of the use are clearly defined, no special use shall be approved unless it is found that in addition to the general standards set forth in Section 9-1-18, adequate provisions are made for maintaining the necessary quality of care for residents, and adequate building design and operational measures are taken to ensure the safety of all residents.

F.

Permitted Uses, Commercial.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the RPD District. No building or land within the RPD District shall be devoted to any use other than uses permitted hereunder with the exception of uses lawfully established on the effective date of this Code.

2.

The following uses are permitted in the RPD District:

a.

Air conditioning and heating sales and service.

b.

Auditoriums, theatres and band shells.

c.

Bakeries, Retail.

d.

Barber shops and beauty parlors, provided no more than 20% of the customer accessible floor space is to be used for massage services located within enclosed or partially enclosed areas.

e.

Battery, tire and automobile service repair conducted wholly within an enclosed building.

f.

Bowling alleys.

g.

Business, music, dance and commercial schools.

h.

Catering establishments.

i.

Department, furniture and home appliance stores.

j.

Drug stores.

k.

Electrical appliance shops and repair.

l.

Employment agencies.

m.

Entry gate houses and perimeter and interior walls and fences.

n.

Financial institutions, where the use is located within a larger permitted business, or where the use occupies 50 percent or less of the floor area of a multi-tenant building.

o.

Florist shops and greenhouses, Retail.

p.

Grocery, fruit and vegetable stores.

q.

Hardware stores.

r.

Hotels and motels.

s.

Launderettes; laundry and dry cleaners that transport dry goods off-site to be dry cleaned at a separate facility.

t.

Maintenance and storage buildings and storage yards for boats and unoccupied trailers.

u.

Meat markets and poultry stores, if no slaughter or stripping is involved.

v.

Medical and dental clinics.

w.

Painting and decorating shops.

x.

Pet shops or animal hospitals when conducted wholly within enclosed buildings.

y.

Post offices.

z.

Printing, publishing and issuing of newspapers, periodicals, books and other reading matter.

aa.

Printing shops.

bb.

Professional and service offices.

cc.

Radio and television sales and service.

dd.

Radio and television transmission and receiving facilities.

ee.

Restaurants.

ff.

Retail stores and services.

gg.

Stables and riding trails.

hh.

Theatre, indoor (not including outdoor motion picture theatres).

ii.

Tanning salons, provided no more than 20 percent of the customer accessible floor space is to be used for massage services located within enclosed or partially enclosed areas.

jj.

Municipal buildings and uses.

kk.

Accessory uses, including, but not limited to, the following:

(1)

Antennas and communication towers.

(2)

Architectural or landscaping embellishments, pools, patios, decorative structures and gate houses.

(3)

Game area.

(4)

Games, common business.

(5)

Green houses and landscape nursery.

(6)

Heliports.

(7)

Mineral extraction, processing and batching of concrete and road construction material, during course of construction only.

(8)

Landfill for disposal of combustible building waste, during the course of construction only.

(9)

Storage and fabrication of building materials, during the course of construction only.

(10)

Swimming pools and tennis courts.

(11)

Temporary buildings for construction purposes only, but not to exceed the period of construction.

(12)

Utility and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

G.

Special Uses, Commercial. Special uses, as hereinafter enumerated, may be allowed in the RPD District, subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the RPD District:

1.

Agricultural implement sales and services when conducted wholly within a completely enclosed building.

2.

Automobile sales and service shops conducted wholly within a completely enclosed building and as one integrated business operation except for outside storage or display areas, and located on parcels not less than two acres in size.

3.

Automobile service stations, repair and car wash.

4.

Beverage distributors, but not including bottling plants.

5.

Hospitals and sanitariums.

6.

Miniature golf courses, commercial.

7.

Nursery schools and day care centers.

8.

Pistol range, indoor.

9.

Plumbing, heating and roofing supply and work shop.

10.

Skeet and trap shooting after 10:30 a.m. and not after dark.

11.

Financial institutions, where the use occupies a freestanding building or more than 50 percent of the floor area of a multi-tenant building. In addition to the special use standards in Section 9-1-18-I, it shall be demonstrated that the use will not have a detrimental effect on the mix of retail and non-retail uses in the immediate area, and that the building can be adapted for a different use in the future.

12.

All other uses not heretofore cited.

H.

Development Standards.

1.

Minimum Acreage. No RPD District may include less than 100 acres of contiguous land unless the Village Board adopts a statement of intent, stating the reasons for their findings, that they find the proposed development site to be susceptible to residential planned development treatment even though the site contains less than 100 acres.

2.

Density. For the purpose of calculating the number of residential units which shall be permitted in an RPD District the gross land area of the property, including land devoted to uses other than residential, shall be included in computing said density.

a.

Efficiency, one and two bedroom units, whether single-family, duplexes, townhouse or apartments shall require a minimum of 2,500 square feet of land for each unit.

b.

Three bedroom units, as aforesaid, shall require a minimum of 3,500 square feet of land per unit.

c.

Four bedroom units and over, as aforesaid, shall require a minimum of 5,000 square feet of land per unit.

d.

However, the General Plan as approved insofar as it shows density less than the maximum permitted herein shall be binding upon the applicant, its successors and assigns.

3.

Ground Coverage. Maximum ground coverage of all buildings and structures (other than paved parking area ) shall not exceed 25 percent of the gross ground area of the RPD District.

4.

Yards. Yards along the perimeter of the RPD District shall not be less than 30 feet, provided, however, buildings of more than 30 feet in height shall provide a perimeter yard setback of not less than equal to the height of such building.

5.

Single-family residential lots shall be subject to the setback requirements for a principal building in the district which has a comparable minimum square footage.

I.

Open Space.

1.

No plan for an RPD District shall be approved unless such plan provides for permanent public and permanent private open space equal to 40 percent of the total land area. A minimum of ten percent of the total land area shall be devoted to public open space.

2.

Said permanent public open space shall be an area devoted to public use. The term includes public schools, public parks and playgrounds, public landscaped green space, lakes, ponds and streams. Buildings erected by public agencies shall be considered public open space.

3.

Said permanent private open space shall be that portion of a lot under private ownership which shall not be improved or occupied by buildings or structures including accessory buildings or structures. Easements for public utilities shall not be restricted or infringed by this easement.

4.

The applicant may include any combination of the foregoing provided that the total area designated as "Permanent Open Space" shall be not less than the said 40 percent of total land area.

5.

The type of uses shown for permanent public open space may not be varied except by approval of the Village Board subject to the provisions of Section 9-1-15 Variations.

6.

As a condition to the approval of the RPD District, the applicant shall present to the Village a Plan of Open Space indicating those areas which are to remain as permanent public and permanent private open space.

7.

Building permits for structures to be constructed on any portion of the RPD District shall not be issued unless the applicant has theretofore delivered to the Village a Plat of Open Space covering a portion of the area previously designated in the approved Plan of Permanent Open Space.

8.

The Plat of Open Space granting a permanent easement for reservation of open space shall contain a minimum area determined as follows:

a.

For each one percent of the approved dwelling units for which building permits are requested there must be an Easement for Open Space covering one and two-tenths percent of the Open Space shown in the Plat of Open Space.

b.

The area designated in the easement does not necessarily have to be contiguous to the area of construction.

c.

This procedure shall continue until such time as easements covering all permanent open space have been delivered to the Village.

9.

For calculation purposes under this paragraph, in the case of building permits for commercial construction, 10,000 square feet of commercial space shall be considered equal to one dwelling unit.

10.

The said Plat or Plats of Easement for Permanent Open Space shall contain on its face the following provisions:

"As part of Residential Planned Development known as ___________, there is hereby granted the Village of Hoffman Estates an open space easement in perpetuity that such permanent open space shall not be improved other than as permitted or required in the Zoning Code or Subdivision Code for the District. The Village of Hoffman Estates shall have the sole right to release portions of this open space easement from time to time."

J.

Outside Storage Regulations. The sale, servicing, storage, and display of goods and/or materials shall be conducted within completely enclosed buildings, unless otherwise provided for herein. The following activities and uses are exempt from this requirement:

a.

Those uses and activities specifically designated and approved by the Village of Hoffman Estates for the outdoor display and/or sale of products or materials.

b.

Those uses and activities established in accordance with the provisions of Chapter 8, Section 8-7-17 of the Municipal Code of the Village of Hoffman Estates.

K.

Height Regulations. Height of a particular building shall not be a basis for denial or approval of a General Plan provided the developer can demonstrate that the proposed development offers amenities to the community that compensate for the increased height, including reduction of ground coverage below 25 percent. The maximum height for antennas and communication towers shall be in accordance with Section 9-3-9.

L.

Off-Street Parking Regulations. Adequate provisions shall be made in all cases for off-street parking and off-street loading (if required) in accordance with the provisions of Section 9-3-2.

M.

Recreation Equipment Parking. See Section 9-3-4.

N.

Subdivision Regulations. Development of the General Plan shall be subject to the regulations governing required improvements found in the RPD District Subdivision Ordinance, except as modified by approval of the Village Board as part of the General Plan approval.

O.

General Regulations. For additional regulations and requirements pertaining to the RPD District see Article 3 (Section 9-3, General Requirements and Procedures Applicable Within Various Districts).

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11; Ord. No. 4350-2013, § 7, 1-14-13; Ord. No. 4537-2016, § 1, 3-14-16)

A.

Legislative Intent. The purpose of the RAA One-Family Residential Active Adult District is to provide areas for residential development that are marketed toward adults without minor children to reside within the community and provide such services and amenities so as to fall within Federal guidelines promulgated under the Fair Housing Act allowing for the restriction on minor children residing therein. The zoning reflects the changing lifestyle and needs of residents of this age group.

B.

Application. The establishment of a One-Family Residential Active Adult District (herein called an RAA District) shall be adopted contemporaneously with the site plan and plat approval process as prescribed by the Village Subdivision Code. The site plan for the development shall include provisions for each of the following:

1.

Common Land, which reflects the reduced lot sizes shall be provided within the development in a manner that is accessible to all residents. The amount of land dedicated for use by residents shall, at a minimum be the sum of 2,000 square feet of land area for each dwelling unit and shall be exclusive of private yards, screening buffers, rights-of-way, storm water management facilities, and other areas not designed for practical use by the residents, unless such areas are determined by the Village Board to be an integral part of the accessible recreation areas within the development. Common land area may include such area dedicated to providing common amenities as identified in Section 9-5-12-B-2. Such area shall be held in common ownership by all residents of the subdivision through the establishment of a Homeowners Association. These provisions are in addition to any public park donations that may be required.

2.

Common Amenities, which reflect the reduced capability of the lots to support such uses, shall provide for the recreational and social interaction of the residents. Such amenities shall be held in common ownership by all residents of the subdivision through the establishment of a Homeowners Association and shall be available for use by all residents. The extent of the amenities provided shall be dependent on development size and anticipated needs of the residents. All amenities in the development shall be accessible to all residents and provide a wide range of recreational opportunities. The amenities provided shall include:

a.

Walking Trails (in addition to public sidewalks).

b.

Clubhouse (shall be a minimum of 20 square feet of building floor area per dwelling unit in the RAA District).

c.

The Village Board may require additional items such as swimming pools, tennis courts, pocket parks, seating areas, picnic areas, gardens, etc.

3.

The site plan shall provide for, but not be limited to, establishment of requirements for anti-monotony and visual appearance of the streetscape; landscaping for privacy between units, perimeter buffers, common areas and in any reduced setback areas; architectural building design to include building materials, articulation, massing and architectural design elements; detailed open space and other site amenity plans.

C.

Permitted Uses.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the RAA District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

a.

Uses lawfully established on the effective date of this Code; and

b.

Special uses allowed in accordance with the provisions of Section 9-5-7-c.

2.

The following uses are permitted in the RAA District:

a.

Dwellings, one-family detached.

b.

Parks and playgrounds.

c.

Municipal buildings and uses.

d.

Clubhouses and other related structures, under common ownership by the Homeowners Association of the subdivision.

e.

Swimming pools, tennis courts and similar recreational facilities, under common ownership by the Homeowners Association of the RAA District.

f.

Dwellings, community residence, subject to requirements of Section 9-3-12 of this Code.

g.

Accessory uses including, but not limited to the following:

(1)

Architectural or landscaping embellishments, patios, decorative structures;

(2)

Garages and accessory parking area for residents and guests;

(3)

Home occupations;

(4)

Temporary buildings for construction purposes only, but not to exceed the period of construction, and;

(5)

Utility and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

D.

Special Uses. Special uses as hereinafter enumerated, may be allowed in the RAA District, subject to the issuance of a special use permit in accordance with the provision of Section 9-1-18. The following uses may be allowed in the RAA District:

1.

Athletic fields and recreational facilities, non-commercial.

2.

Churches, rectories and parish houses.

3.

Public utility and public utility service uses.

E.

Area Regulations.

1.

Minimum Development Area. In order for a parcel to be classified as an RAA District, the parcel shall contain an area of 40 acres or more under single ownership and/or control.

2.

Lot Area. The minimum lot area for one-family detached dwellings shall be 5,500 square feet. The Village Board shall prescribe the minimum lot area for buildings other than dwellings.

3.

Lot Width. The minimum lot width for one-family detached dwellings shall be 50 feet measured at the building line. For uses other than dwellings, the minimum lot width shall be as prescribed by the Village Board.

4.

Special Yard Area Requirements. The Village Board shall, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum buffer yard setbacks from major internal and external roadways, and from other land uses adjacent to the perimeter of the RAA District.

5.

Front Yard. The minimum front yard setback for one-family detached dwellings shall be 20 feet. The Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum front yard setback for all non-garage portions of the principal structure, however, in no case shall the front yard setback for any portion of the structure be less than ten feet.

6.

Side Yard. The minimum side yard setback for one-family detached dwellings shall be seven and one-half feet. The Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe a lesser side yard setback, however, in no case shall the side yard setback be reduced to less than five feet. The provision in Section 9-2-1 allowing fireplaces to encroach into side yards shall not apply within this district.

Where a side yard adjoins a street, the setback shall be treated as in the Section 9-5-12-E-[5] (Front Yard). For uses other than dwellings, the minimum side yard setback shall be prescribed by the Village Board.

7.

Rear Yard. The minimum rear yard setback for one-family detached dwellings shall be 25 feet. The Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe a lesser rear yard setback for lots adjacent to a dedicated landscape buffer, however, in no case shall the rear yard setback be reduced to less than 20 feet.

8.

Floor Area Ratio. The floor area ratio shall not exceed 0.50.

9.

For additional regulations and requirements pertaining to accessory buildings only, see Section 9-3-6.

F.

Height Restrictions. No portion of any building or structure located in the RAA District shall exceed 30 feet in height. The maximum height for antennas and communication towers shall be in conformance with Section 9-3-9.

G.

Off-Street Parking Regulations. Adequate provisions shall be made in all cases for off-street parking and off-street loading in accordance with the provisions of Section 9-3-2.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Legislative Intent. The TN, Traditional Neighborhood district is intended to promote development of high-quality, pedestrian-oriented neighborhoods located near shopping, recreation and employment. The district is intended to apply to sites that are easily accessible from existing and proposed major transportation facilities.

B.

Applicability; Locational Criteria. The TN district may be applied only to lands that: (1) are located within 2.0 miles of a Northwest Tollway full interchange (measured from the centerline of the nearest entrance/exit ramp); and (2) are located within 1.25 miles of the intersection of two or more state-maintained roads.

C.

Guiding Principles. Development within the TN zoning district is intended to:

1.

Provide a mix of housing styles, types, and sizes to accommodate a variety of age groups, household sizes and incomes;

2.

Encourage housing development in areas that are conveniently accessible to shopping and employment as a means of reducing dependence on automobile travel for residents' daily needs;

3.

Accommodate development patterns that are safe, comfortable and attractive to pedestrians and bicyclists;

4.

Facilitate development that supports public transit;

5.

Be served by a system of interconnected streets, with sidewalks, and bikeways that offer multiple routes for motorists, pedestrians and bicyclists; and

6.

Conserve significant environmental features.

D.

Designation of Building and Lot Types. Applicants for site plan or subdivision plat approval shall designate the building and lot types (from Section 9-5-13-G.2) proposed for the lots included in the application for site plan or subdivision plat approval. In reviewing the proposed building type and lot designations, the Village will consider the location, size and arrangement of the lots, the guiding principles of Section 9-5-13-C, and other planning principles. Village approval of any site plan or subdivision shall formally designate the building and lot types for the development.

E.

Permitted Uses.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the TN district under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

a.

Uses lawfully established on the effective date of this Code; and

b.

Special uses allowed in accordance with the provisions of Section 9-5-13-E.

2.

The following uses are permitted in the TN District:

a.

Dwellings—One-Family Detached;

b.

Dwellings—One-Family Detached-Zero Lot Line;

c.

Dwellings—One-Family Attached;

d.

Dwellings—Two-Family;

e.

Dwellings—Multiple;

f.

Dwellings, Community Residence located more than 1,000 feet from any existing Community Residence, subject to the requirements of Section 9-3-13 of this Code;

g.

Public libraries;

h.

Recreational, social, or multi-purpose uses typically associated with public parks, public open spaces, public play fields, public or private golf courses, or public recreation areas or buildings;

i.

Public Safety Services that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles;

j.

Public schools, non-boarding;

k.

Accessory uses, including but not limited to the following:

(1)

Antennas and communication towers;

(2)

Architectural or landscaping embellishments, such as fountains, bridges and patios;

(3)

Public utility installations and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services;

(4)

Storage of building materials (during course of construction only);

(5)

Temporary buildings for construction purposes, in accordance with the provisions of Section 9-3-10;

(6)

Parking garages;

(7)

Games, common residential;

(8)

Games, home;

(9)

Garages;

(10)

Greenhouses;

(11)

Home occupations;

(12)

Swimming pools and tennis courts, private; and

(13)

Tool houses, storage sheds and similar buildings for the storage of domestic supplies.

F.

Special Uses. Special uses, as hereinafter enumerated, may be allowed in the TN district, subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the TN district:

1.

Dwellings, community residence located within 1,000 feet of any existing community residence (See Section 9-3-13-B);

2.

Day Care or Nursery School;

3.

Religious Assembly, such as customarily occurs in synagogues, temples, mosques and churches;

4.

Athletic fields and recreational facilities, non-commercial;

5.

Public utility and public service uses;

6.

Public and Civic Uses not otherwise listed as a Permitted Use in subsection 9-5-13-D.

_____

G.

Area Regulations.

1.

Minimum Development Area. Property may be classified in the TN district only if, at the time the property is classified, the property, and any right-of-way that is within, divides, or is adjacent to, such property, contains at least 50 acres. Without limiting the preceding sentence, property that is less than 50 acres in area may be classified in the TN district if it is contiguous with, or separated only by street right-of-way from, an existing TN district.

2.

Bulk and Dimensional Standards.

a.

Dwellings—One Family Detached (including Zero Lot Line). One-family detached dwellings shall comply with the following bulk and dimensional standards, except as otherwise expressly stated:

[1]

One side setback may be reduced to zero (0) for zero lot line one-family dwellings, provided that the minimum side setback on the other side of the dwelling is at least 1.5 times the otherwise stated minimum side setback.

b.

Dwellings—One-Family Attached. One-family attached dwellings shall comply with the following bulk and dimensional standards, except as otherwise expressly stated:

[1]

End walls are exterior walls that are generally parallel to party walls and that do not adjoin or abut another one-family attached dwelling. The setback for end walls is 8 feet if one or both of the one-family attached dwellings includes a garage at its front façade.

c.

Two-Family Dwellings. Two-family dwellings shall comply with the following bulk and dimensional standards, except as otherwise expressly stated:

d.

Multiple Dwellings. Multiple dwellings shall comply with the following bulk and dimensional standards, except as otherwise expressly stated:

[1]

Plus 1 foot of additional setback per each 3 feet of building height above the maximum height limit that applies to any abutting lot occupied by a one-family dwelling.

[2]

For the purpose of this section, "story" means that part of a building between the surface of a floor and the ceiling immediately above. However, basements and attics count as a "story" only when they also qualify as part of a building's defined "gross floor area."

_____

e.

General Standards.

(1)

The Village Board of Trustees shall be authorized to prescribe the minimum lot area for all public and civic buildings and Special Uses.

(2)

The maximum height of antennas and communication towers shall be in accordance with Section 9-3-9.

(3)

All principal buildings and accessory parking facilities shall be set back at least 25 feet from state and county road rights-of-way and from all property lines abutting non-TN districts, provided that garages and non-habitable accessory buildings are not subject to minimum setbacks from railroad rights-of-way.

(4)

All garage entries shall be set back at least 20 feet from public street rights-of-way.

(5)

Alley-loaded garages shall be set back at least 2.5 feet from the rear property line.

(6)

A porch that is covered entirely by a roof that is constructed of materials compatible with those used on the principal structure shall be subject to the setback of the principal structure, or extend up to 6 feet from the principal structure, whichever permits the larger porch.

(7)

Detached garages and other accessory buildings shall be allowed within required rear setbacks, except:

(a)

detached garages and other accessory buildings shall occupy no more than 480 square feet or 60 percent of the area of the rear yard, whichever is greater; and

(b)

detached garages must be separated from one-story principal buildings by a distance of at least 12 feet and from 2 or more-story principal buildings by a distance of at least 15 feet. Garages attached to principal buildings by a permanent enclosure are not subject to the minimum separation distance requirement of this paragraph.

(8)

When 2 or more principal residential buildings are located on the same lot (where permitted), the minimum separation distance between principal buildings must be at least twice the required minimum side setback for the lot.

(9)

When a lot occupied by 3 or fewer dwelling units has direct vehicular access to an alley, no curb cut to an abutting public or private street shall be allowed from such lot.

H.

General Regulations. For additional regulations and requirements pertaining to development in the TN district see Article 3 of this Code (General Requirements and Procedures Applicable within Various Districts).

I.

Guidelines and Standards. If the Village enters into an annexation agreement or a development agreement that governs the development of a parcel of property within the TN District, the Village Board may approve, and incorporate in such agreement, Design Guidelines and Standards that are consistent with this Section 9-5-13 and that apply to the development of such property. When so adopted and incorporated, unless stated otherwise in such an agreement, the Design Guidelines and Standards will control over any conflicting provisions of the Village Code. Review for compliance with adopted Design Guidelines and Standards shall occur during the site plan/subdivision plat approval process. Such agreements must be available for public inspection in the office of the Village Clerk or the Development Services Department.

(Ord. No. 4582-2017, § 2, 5-1-17)