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Kenilworth City Zoning Code

RESIDENTIAL DISTRICT

REGULATIONS

§ 153.065 PERMITTED AND SPECIAL USES.

   The following are the permitted and special uses in residential districts:
District
Use
District
Use
R-1 and R-2
Single-family dwellings
Home occupations as defined in § 153.003
Accessory uses as defined in § 153.003 that are accessory uses to single-family dwellings
R-3 and R-4
Single-family dwellings
Home occupations as defined in § 153.003
Accessory uses as defined in § 153.003 that are accessory uses to single-family dwellings and single-family attached dwellings
Single-family attached dwellings as a special use in the R-4 District, in conformance with § 153.245(A)
 
(Ord. 577, passed 4-14-1969; Ord. 976, passed 4-9-2007)

§ 153.066 LOT AREA AND LOT WIDTH.

 
District
Minimum Number of Square Feet Per Single-Family Dwelling (square feet)
Minimum Lot Width (feet)
Maximum Lot Width (feet)
R-1 (corner lots)
17,500
100
Not greater than the lot width of the widest lot on the frontage
R-1 (interior lots)
15,750
90
R-2
12,000
75
R-3
6,000
50
R-4
6,000
50
In determining the maximum lot width on a frontage, the existing lot with the greatest lot width shall be excluded.
 
 
District
Maximum Number of Square Feet for Lots Containing Single-Family Attached Dwellings
R-4
11,000
 
(Ord. 577, passed 4-14-1969; Ord. 976, passed 4-9-2007; Ord. 987, passed 10-9-2007)

§ 153.067 MAXIMUM HEIGHT OF BUILDINGS.

District
Buildings
Maximum Height
District
Buildings
Maximum Height
R-1
Principal building
35 feet or 2-1/2 stories
R-2 (west of Green Bay Road)
Principal building
31 feet or 2-1/2 stories
R-2 (east of Green Bay Road and south and west of Warwick Lane with frontage on Oxford Road, Woodstock Avenue, Cumnor Road and Richmond Road)
Principal building
32 feet or 2-1/2 stories
R-2 (west of Sheridan Road and north and east of Warwick Lane, with frontage on Oxford Road, Abingdon Avenue, Robsart Road and Tudor Place, and south and west of Warwick Lane with frontage on Abingdon Avenue and Robsart Road)
Principal building
34 feet or 2-1/2 stories
R-3
Principal building
30 feet or 2-1/2 stories
R-4 (east of Ridge Road and south of Park Drive)
Principal building
28 feet or 2-1/2 stories
R-4 (east of Ridge Road, north of Park Drive, and west of the line created by the east lot line of lots with frontages on Brier Street extended south to Park Avenue)
Principal building
30 feet or 2-1/2 stories
R-4 (east of the line created by the east lot line of lots with frontages on Brier Street extended south to Park Avenue, north of Park Drive, and west of Green Bay Road)
Principal building
28 feet or 2-1/2 stories
R-4 (east of Green Bay Road)
Principal building
30 feet or 2-1/2 stories
R-1, R-2, R-3 and R-4
Garage detached from principal building
20 feet or 1-1/2 stories
R-1, R-2, R-3 and R-4
Other accessory buildings
14 feet
 
   (A)   The maximum building height for a principal building is subject to the following exception.
   (B)   A principal building may exceed the building height provided by this section where the lots adjacent and contiguous to the side lot lines of the lot each contain a principal building that is a nonconforming structure under § 153.208, in which case the maximum building height on the lot shall be equal to the building height of the building with the lowest height among the lots adjacent and contiguous to the side lot lines, but in no event shall the maximum building height exceed 35 feet.
(Ord. 577, passed 4-14-1969; Ord. 936, passed 6-13-2005)

§ 153.068 MAXIMUM SIZE; MAXIMUM LOT COVERAGE.

   (A)   Maximum building size. No building or any addition thereto shall be constructed or structurally altered on a lot in any residence district if, as a result thereof, the floor area of all buildings on the lot shall exceed the maximum floor area computed as follows.
      (1)   For all buildings constructed, or for which a permit for the initial construction or substantial alteration thereof was issued, on or before October 22, 2005.
         (a)   Except as hereinafter provided, the maximum floor area applicable to all lots shall be:
   1,200 + (.24 x lot area)
         (b)   Notwithstanding the foregoing, the maximum floor area applicable to all lots shall in no event exceed:
   .45 x lot area
      (2)   For all buildings constructed or substantially altered pursuant to a permit issued after October 22, 2005.
         (a)   Except as hereinafter provided, the maximum floor area applicable to all lots shall be:
   1,200 + (0.21 x lot area)
         (b)   Notwithstanding the foregoing, the maximum floor area applicable to all lots shall in no event exceed:
   0.42 x lot area
      (3)   Notwithstanding paragraphs (A)(1) and (A)(2) above, for single-family attached dwellings authorized by special use, the maximum floor area shall be:
   0.575 x lot area
   (B)   Maximum building coverage. No building or any addition thereto shall be constructed or structurally altered on a lot in any residence district if, as a result thereof, the aggregate coverage of the lot area by buildings shall exceed the maximum building coverage computed as follows:
      (1)   If the lot area is less than or equal to 5,715 square feet, the maximum building coverage shall be:
   .30 x lot area
      (2)   If the lot area is greater than 5,715 but less than 20,000 square feet, the maximum building coverage shall be:
   800 + (.16 x lot area)
      (3)   If the lot area is greater than or equal to 20,000 square feet, the maximum building coverage shall be:
   .20 x lot area
      (4)   Notwithstanding the foregoing, the maximum building coverage for a lot, regardless of the lot area thereof, shall be reduced by the amount, if any, by which the aggregate coverage of the lot area by impervious surfaces, other than buildings, exceeds 25% of the lot area.
      (5)   Notwithstanding the foregoing provisions of this subsection, for single-family attached dwellings approved by special use, the maximum building coverage shall be:
   325 + (.30 x lot area)
   (C)   Other impervious surfaces. No sidewalk, driveway, pavement, patio, open porch or deck, or similar structure, or other structure or impervious surface, other than a building, shall be constructed or installed if, as a result thereof, the aggregate coverage of the lot area by all impervious surfaces shall exceed the lesser of the amount provided in paragraphs (C)(1) or (C)(2) below for single-family dwellings, or paragraph(C)(3) below for single-family attached dwellings:
      (1)   Twenty-five percent of the lot area, plus the amount, if any, by which the maximum building coverage for the lot exceeds the actual coverage of the lot area that is attributable to buildings;
      (2)   Twenty-five percent of the lot area, less the amount, if any, by which the actual coverage of the lot area that is attributable to buildings exceeds the maximum building coverage; or
      (3)   100 + (.35 x lot area).
(Ord. 577, passed 4-14-1969; Ord. 946, passed 10-11-2005; Ord. 973, passed 2-12-2007; Ord. 976, passed 4-9-2007; Ord. 987, passed 10-9-2007)

§ 153.069 MINIMUM SIZE OF PRINCIPAL BUILDING.

   The minimum size of a principal building shall be as follows:
 
District
Minimum Floor Area of Principal Building
R-1 and R-2
2,000 square feet
R-3 and R-4
1,500 square feet
 
(Ord. 577, passed 4-14-1969)

§ 153.070 MINIMUM YARD REQUIREMENTS.

   (A)   Minimum yard requirements.
District
Yard
Minimum Depth or Width, subject to Exceptions Set Forth in This Section
District
Yard
Minimum Depth or Width, subject to Exceptions Set Forth in This Section
R-1 and R-2
Front
A minimum depth of 40 feet
Side in R-1
A minimum width of 10 feet for each side yard, and total side yard width of 30% of the width of the lot. In the case of a side yard abutting a street, the minimum width shall not be less than 40 feet, unless a uniform setback line has been established or observed on the same side of the street between two intersecting streets at April 14, 1969, in which case the uniform setback line shall be maintained, and the total side yard width shall be equal to the greater of 50 feet or 30% of the width of the lot
Side in R-2
A minimum width of 8 feet for each side yard; provided, however, that in the case of a side yard abutting a street, the minimum width shall not be less than 40 feet, unless a uniform setback line has been established or observed on the same side of the street between two intersecting streets at April 14, 1969, in which case the uniform setback line shall be maintained
Rear
A minimum depth equal to the larger of 25 feet or 20% of the depth of the lot
R-3 and R-4
Front
A minimum depth of 40 feet in the case of District R-3 and 30 feet in the case of District R-4; provided, however, that the minimum depth shall be seven feet for single-family attached dwellings approved by special use in District R-4
Side
A minimum width of 6 feet for each side yard; provided, however, that a minimum width of three feet for each side yard, and a total side yard of 10 feet for single-family attached dwellings approved by special use in District R-4
Rear
A minimum depth equal to the larger of 25 feet or 20% of the depth of the lot
 
   (B)   Exceptions. The minimum yard requirements set forth above in this section are subject to the following exceptions, which shall not apply to single-family attached dwellings in the R-4 District:
      (1)   Front yards; average setback line and average principal building setback line. Where 30% or more of all property, according to front feet, abutting upon one side of a street between two intersecting streets is built up with buildings having an average setback line of more, or of less, than 40 feet from the front lot line in the case of Districts R-1, R-2 and R-3 or 30 feet from the front lot line in the case of District R-4, the average to exclude corner lots:
         (a)   No building erected or structurally altered after April 14, 1969, except as permitted by § 153.208(A), shall project beyond the average setback line so established; provided, however, that nothing in this subsection shall require a setback line of more than the following distance:
 
District
Setback Line
In Districts R-1 and R-2
50 feet in a block with street frontage (between intersecting streets) of not more than 400 feet; or
60 feet in a block with street frontage (between intersecting streets) of more than 400 feet
In Districts R-3 and R-4
40 feet
 
         (b)   No portion of a building, other than covered but otherwise open, unscreened and unenclosed porches with a height of more than one story, erected or structurally altered, except as permitted in § 153.208(A), pursuant to a permit issued on or after October 22, 2005 shall project beyond the average principal building setback line of all property abutting upon one side of a street between two intersecting streets, which average to exclude corner lots.
      (2)   Side yards. Nothing in this section shall reduce the buildable width of a corner lot in any residence district legally existing at April 14, 1969 to less than 28 feet. If the principal building on a lot in District R-1 or R-2 maintained a minimum side yard setback of six feet or more as of June 1, 1990, but less than the applicable minimum side yard setback set forth in this section for District R-1 or R-2, whichever is applicable, the principal building may be enlarged or structurally altered in the side yard, if and only if the principal building, as so enlarged or structurally altered, shall not project beyond the individual side yard setback line maintained as of June 1, 1990, and, in District R-1, also meets the minimum 30% total side yard width requirement set forth in this section.
      (3)   Rear building lines on lots abutting Lake Michigan. Notwithstanding any rear yard requirement in subsection (A) above, no principal building, or structural alteration to an existing principal building, on a lot abutting Lake Michigan may be located further from the front lot lie of the lot than the average of the rear building lines for the lots located on either side of the lot on which the new principal building or structural alteration is proposed; provided, however, that the limitation in this subsection (B)(3) will not apply to (i) any principal building, or structural alteration to an existing principal building, on a lot abutting Lake Michigan constructed prior to November 1, 2016; (ii) any principal building, or structural alteration to an existing principal building, on a lot abutting Lake Michigan for which a village permit or permit extension has been issued, or for which a complete application has been filed with the village, prior to November 1, 2016; and (iii) any principal building or structural alteration to an existing building, constructed prior to November 1, 2016 or pursuant to subsection (B)(3)(ii) of this section, that is reconstructed or remodeled on the exact foundation of such principal building or structural alteration and does not extend above the previous height of such principal building.
      (4)   Additional exceptions. The permitted obstructions described in § 153.033 may project into minimum yards required by this section to the extent and subject to the limitations stated in § 153.033.
(Ord. 577, passed 4-14-1969; Ord. 936, passed 6-13-2005; Ord. 946, passed 10-11-2005; Ord. 976, passed 4-9-2007; Ord. 1177, passed 10-17-2016)