Kirkland City Zoning Code
GENERAL REGULATIONS
§ 154.015 LOT COVERAGE.
(A) Maintenance of yards, courts and other open spaces. The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of the building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts or other open spaces or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.
(B) Division of zoning lots. No improved zoning lot shall hereafter be divided in two or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable area and bulk regulations of the zoning district in which the property is located.
(C) Required yards for existing buildings. No yards now or hereafter provided for a building existing on the effective date of this chapter shall subsequently be reduced below if already less than the minimum yard requirements of this chapter for equivalent new construction.
(1983 Code, § 9-1-6) (Ord. 09-07, passed 9-8-2009)
§ 154.016 LOT AREA AND DIMENSION.
(A) Contiguous parcels. When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which it is located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use.
(B) Lots or parcels of land of record. Any single lot or parcel of land, held in one ownership, which was of record at the time of adoption of this chapter, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use; provided that yards, courts or usable open spaces are not less than 75% of the minimum required dimensions and that the lot or parcel is not less than 5,000 square feet in area and has a lot frontage of not less than 50 feet.
(C) Private sanitary sewage facility requirements. Every use which is to be served by a private sanitary sewage facility shall comply with the requirements of any existing state and village regulations.
(1983 Code, § 9-1-7) (Ord. 09-07, passed 9-8-2009)
§ 154.017 ACCESS TO PUBLIC STREET.
Except as otherwise provided for in this chapter, every residential building shall be constructed or erected upon a parcel of land which abuts upon a public street, unless a permanent easement of access to a public street not less than 25 feet in width was of record prior to the adoption of this chapter, and except as provided herein for planned developments. Driveway approaches shall be constructed of gravel, asphalt or concrete. If the approach is constructed of gravel, it shall be six inches deep; if constructed of asphalt, it shall be two inches of asphalt over two inches of gravel; and if constructed of concrete, it shall be four inches of concrete over four inches of gravel. All driveway approaches shall be pitched so that water does not drain onto the street.
(1983 Code, § 9-1-8) (Ord. 99-15, passed 9-7-1999; Ord. 09-07, passed 9-8-2009)
§ 154.018 NUMBER OF BUILDINGS ON A ZONING LOT.
Except in the case of planned developments, not more than one principal detached residential building shall be located on a residential zoning lot.
(1983 Code, § 9-1-9) (Ord. 09-07, passed 9-8-2009)
§ 154.019 ACCESSORY BUILDINGS, STRUCTURES AND USES.
Accessory buildings, structures and uses shall be compatible with the principal use, and no accessory building or structure shall be constructed on any lot prior to the construction of the principal building to which it is accessory. The following regulations shall apply to uses in all residential districts:
(A) Accessory buildings and structures. Accessory buildings, structures and uses shall not be erected or altered in required yards, courts or other open areas, except those that are herein permitted as obstructions in yards, courts or other open areas.
(B) Detached accessory buildings provisions. Except as herein otherwise required for a specific accessory use, detached accessory buildings, as herein permitted as obstructions in required rear yards, shall:
(1) Be not more than one story or 15 feet in height, whichever is lower;
(2) Cover not more than 30% of the area of the rear yard; and
(3) Be located not less than five feet from a lot line of adjoining lots, except:
(a) On corner lots, not nearer to the lot line that the distance of the required side yard for the lot adjoining the rear lot line and not nearer to the side street line the distance required for a side yard adjoining a street, or in the case of a reverse corner lot, the required front yard on the lot adjoining the rear lot line; and
(b) On through lots that do not have a rear lot line adjoining a no-access strip, not nearer to the rear lot line adjoining a street than the distance required for a front yard.
(C) Detached accessory buildings; other restrictions.
(1) No detached building accessory to a single-family detached dwelling hereafter erected or altered at any location on a lot shall be more than one story of a building with a flat roof, or 20 feet for a gable, mansard or gambrel roof, nor shall it be nearer than ten feet from the principal building on the lot.
(2) No detached accessory building hereafter erected or altered shall project nearer to a lot line adjoining a street than the distance equivalent to the shortest distance between the lot line and the nearest wall of the principal building, except an attached private garage may project nearer to a lot line adjoining a street.
(1983 Code, § 9-1-10) (Ord. 09-07, passed 9-8-2009)
§ 154.020 PERMITTED ACCESSORY BUILDINGS, STRUCTURES AND USES.
The following accessory buildings, structures and uses are permitted and may be obstructions in yards and courts as follows:
Notes:
F Denotes permitted obstruction in front yards and side yards adjoining streets.
S Denotes permitted obstruction in interior side yards.
R Denotes permitted obstruction in rear yards.
C Denotes permitted obstruction in open courts.
A. Awnings or canopies, which may project not more than 3 feet in a required yard or court | F | S | R | C |
B. Arbors or trellises, and where trellises are attached to the principal building they may also project into front yards, side yards and courts | R | C | ||
C. Air conditioning equipment shelters | R | C | ||
D. Architectural entrance structures on a lot not less than 2 acres in area or at entrance roadways into subdivisions containing 100 or more lots | F | S | R | |
E. Balconies | R | C | ||
F. Bay windows—projecting not more than 3 feet into a yard | F | S | R | C |
G. Chimneys, attached—projecting not more than 24 inches into a yard or court | F | S | R | C |
H. Eaves and gutters on principal buildings or attached accessory buildings—projecting not more than 4 feet into a front and rear yard, nor more than 24 inches into a side yard or court | F | S | R | C |
I. Fallout shelters, attached or detached, when conforming also with other codes and ordinances of the village | R | |||
J. Fences, open—not more than 5 feet in height, except in business and manufacturing districts, and those enclosing the schools and other public and quasi-public uses | F | S | R | |
K. Fences, solid—not more than 6 feet in height in business districts, not more than 8 feet in manufacturing districts, and in residence districts, solid fences not more than 6 feet in height | S | R | ||
L. Fire escapes, open or enclosed, of fire towers—may project into a required front or side yard adjoining a street not more than 5 feet and into a required interior yard or court not more than 3-1/2 feet | F | S | R | C |
M. Flagpoles | F | S | R | C |
N. Garages or carports, attached or detached | S | R | ||
O. Growing of farm and garden crops in the open | R | |||
P. Lawn furniture, such as benches, sundials, bird baths and similar architectural features | F | S | R | C |
Q. Open off-street loading spaces | R | |||
R. Open off-street parking spaces which shall be located not less than 2-1/2 feet from a lot line, or not less than 10 feet from a lot line, or not less than 10 feet from a building wall in courts, or greater distance if required herein for a specific use, and in the manufacturing districts and all business districts, and all business districts, except a B-1 District, open off-street parking spaces may be in a required front yard or side yard adjoining a street as hereinafter regulated | ||||
S. Ornamental light standards | F | S | R | C |
T. Playground and laundry-drying equipment | R | C | ||
U. Playhouses and open-sided summer houses | R | |||
V. Sheds and storage buildings for garden equipment and household items as accessory to dwellings and buildings, and structures customarily incidental to the pursuit of agriculture | R | |||
W. Signs and nameplates as herein regulated | F | S | ||
X. Sills, belt courses, cornices and ornamental features of the principal buildings, projecting not more than 18 inches into a yard or court | F | S | R | C |
Y. Steps, open—necessary for access to and from the dwelling or an accessory building, steps as access to the lot from the street, and in gardens or terraces, provided there are no more than 8 steps for access to and from a principal or accessory building | F | S | R | C |
Z. Swimming pools, private—when conforming also with other codes or ordinances of the village | R | |||
AA. Terraces, patios and outdoor fireplaces | R | |||
BB. Tennis courts, private | R | |||
CC. Trees, shrubs and flowers | R | |||
DD. Other accessory buildings, structures and uses as herein permitted in district regulations as accessory to a specific permitted use | S | R | ||
EE. On corner lots within that part of a yard, court or other open area located within a radius of 25 feet from the point of intersection of the 2 street right-of-way lines forming the lot corner, no buildings, structures or shrubs as herein permitted as obstructions in front or side yards adjoining a street shall be erected, altered or planted which have a height more than 30 inches above the ground grade in this area, and trees planted in such areas shall be maintained in a manner that trees shall not have branches lower than the 8 feet above the ground grade elevation in this area | F | S |
(1983 Code, § 9-1-11) (Ord. 09-07, passed 9-8-2009)
§ 154.021 MOBILE HOMES.
The following regulations shall apply to mobile homes:
(A) A mobile home shall not be considered an accessory use for the purposes of this chapter.
(B) No mobile home shall be stored, parked or occupied for living purposes (connection to any public utility shall constitute occupancy for the purposes of this chapter) except:
(1) In an approved mobile home park, provided that public or community sewer and water facilities are available for each mobile home;
(2) A camping or trailer or sports trailer, as defined in this chapter, may be stored in a side or rear yard;
(3) No mobile home shall be used as a dwelling unit on any lot, plat or tract of land other than the one approved as a mobile home park by the Planning and Zoning Commission and the Village Board and licensed by the Illinois State Board of Health, except that full-time, temporary or permanent employees on agricultural pursuits may be housed in mobile homes on the premises, if adequate sanitary facilities are provided and a distance of 600 feet is maintained from residential subdivision; and/or
(4) A mobile home may be used as a temporary office incidental to construction on or development of the premises on which the mobile home is located only during the period of time that the construction or development is actively under way.
(1983 Code, § 9-1-12) (Ord. 09-07, passed 9-8-2009)
§ 154.022 EXISTING SPECIAL USES.
When a use is classified as a special use under this chapter, and exists as a permitted use at the date of adoption of this chapter, it shall be considered a special use without further action of the Planning and Zoning Commission and the Village Board.
(1983 Code, § 9-1-13) (Ord. 09-07, passed 9-8-2009)
§ 154.023 USES NOT SPECIFICALLY PERMITTED IN DISTRICTS.
When a use is not specifically listed in the section devoted to permitted uses it shall be assumed that the uses are hereby expressly prohibited, unless by a written decision of the Planning and Zoning Commission it is determined that the use is similar to and not more objectionable than uses listed.
(1983 Code, § 9-1-14) (Ord. 09-07, passed 9-8-2009)
§ 154.024 SEWAGE DISPOSAL FACILITIES.
Sewage disposal facilities shall be connected to the sewage disposal system of the village. In any district where sewage service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site sewage disposal system designed in accordance with applicable state and local requirements. In no case, however, shall the minimum lot size required in the zoning district in which the structure is to be located be reduced below the specified minimum.
(1983 Code, § 9-1-15) (Ord. 09-07, passed 9-8-2009)
§ 154.025 VISION CLEARANCE TRIANGLE.
In each quadrant of both: every intersection of any street with a collector or arterial street as designated on the Master Plan Map, and every intersection of a collector or arterial street with a private or public driveway or accessway providing egress for a parking area of 1,000 square feet or more, there shall be designed a vision clearance of triangle or triangles bounded by the inner street lines (right-of-way), or the street line and driveway lines, as the case may be, and a line connecting them 35 feet from their intersection. Within these triangles no object shall be allowed above the height of two and one-half feet above the streets and/or driveways if it obstructs the view across the triangle. This provision shall not apply to tree trunks, posts or wire fences.
(1983 Code, § 9-1-16) (Ord. 09-07, passed 9-8-2009)