Lake Bluff City Zoning Code
CHAPTER 5
RESIDENCE DISTRICTS
10-5-1: LOT FRONTAGE:
All lots shall front directly upon a public street that has been dedicated in accordance with the ordinances of the village and that has the full street width required by the subdivision ordinance of the village. "Directly", as used in this section, shall mean that the front of the lot must coincide with the right of way boundary line of an abutting street. Access to a public street through an alley, easement, or nonpublic road shall not be construed to mean "direct", as required by this section. (Ord. 94-2, 2-15-1994; amd. Ord. 95-34, 10-10-1995)
10-5-2: LOT WIDTH:
The width of a lot shall be no less than the minimum dimension specified in the lot width set forth in the regulations applicable in the district in which such lot is located. The front for any lot shall not be less than the permitted minimum lot width. (Ord. 94-2, 2-15-1994)
10-5-3: YARDS:
A. Front Yard Setback: Subject to the requirements of subsections B and C of this section and section 10-5-9 of this chapter, no building or structure shall be placed nearer to the street line than the following distances:
1. General Requirement: The general requirement for front yard setbacks shall be as follows:
C-E | E-1 | E-2 | R-1 | R-2 | R-3 | R-4 | R-5 | R-6 | |
Required front yard setback | 100' | 50' | 30' | 20' | 15' | ||||
2. Exceptions For Certain Interior Lots: The required front yard setback for the following interior lots shall be as follows:
Location Of Interior Lots | Required Front Yard Setback |
West side of Birch Road between East Washington Avenue and East Blodgett Avenue | The combined average of the front yard setbacks for the adjacent interior lots located on the same side of the street and within 2 lots of the subject lot on either side |
South side of East Washington Avenue between Evanston Avenue and Moffett Road | |
North side of Ravine Avenue between Church Lane and Simpson Avenue | 50 feet |
North side of East Prospect Avenue between Simpson Avenue and Sunrise Avenue | 30 feet |
3. Averaging: Where the calculation of a front yard setback requires the averaging of setbacks for adjacent interior lots as provided in the chart in subsection A2 of this section, then the required front yard setback for a new structure on the interior lot shall be calculated from the issuance date of the building permit for that structure. That calculation shall continue to apply to the structure and any improvements or additions thereto, regardless of subsequent changes to the structures and setbacks on other adjacent lots.
4. Steps: Steps, including handrails, leading to a principal structure: a) may extend no more than four feet (4') into the required front yard setback; b) shall not exceed five and one-half feet (5.5') in width; and c) shall not exceed sixty six inches (66") in height above the finished ground level. (See section 10-13-1 of this title, illustration 5.)
B. Adjoining Lots: Where a lot on which a front yard setback is required adjoins a district with a smaller or no front yard setback requirement, the building on said lot, for a distance of not more than fifty feet (50') from the district line, shall be required to observe only the average of the front yard setback requirements of each lot.
C. Corner Lot Side Yard: Notwithstanding the side yard requirements for residential districts in articles A through H of this chapter, the corner lot side yard setbacks set forth in this subsection shall apply to residential corner lots in the Village.
1. General Requirement: Corner lot side yard setbacks shall be as indicated in the table below unless the exception in subsection C2 of this section applies.
C-E | E-1 | E-2 | R-1 | R-2 | R-3 | R-4 | R-5 | |
Corner lot side yard setback | 20% of the width of the lot | |||||||
2. Exception: Corner lots with a side yard adjacent to the front yard of an adjoining lot shall have a required side yard along the street that is the lesser of the setback indicated in the table below or the required front yard setback of the adjoining lot. This shall not apply to corner lots if they are separated from the adjacent front yard by a ravine, which corner lots shall have the side yard required under subsection C1 of this section.
Corner Lot Width | C-E | E-1 | E-2 | R-1 | R-2 | R-3 | R-4 | R-5 |
50' or less | 20% of the width of the lot | 20% of the width of the lot | ||||||
Between 50' and 80' | 20% of the width of the lot | 10' + ((lot width - 50') x 0.60) | ||||||
80' or more | 20% of the width of the lot | 35% of the width of the lot | ||||||
(Ord. 94-2, 2-15-1994; amd. Ord. 2000-20, 12-11-2000; Ord. 2007-5, 4-23-2007; Ord. 2007-8, 4-23-2007; Ord. 2017-8, 5-22-2017)
10-5-4: BUILDING HEIGHT:
A. Principal Buildings: No principal building shall be erected or altered on any lot in any residential district so that said building exceeds the maximum height limitations set forth and established as follows:
Width Of Lot (Feet) | Maximum Height (Feet) |
Less than 50 | 30 |
50 to 74.9 | 32 |
75 to 124.9 | 34 |
125 to 174.9 | 36 |
175 to 224.9 | 40 |
225 or more | 44 |
B. Principal Buildings In Excess Of Thirty Four Feet: Notwithstanding the maximum height limitations set forth in subsection A of this section, no principal building shall have a height in excess of thirty four feet (34') unless one (1) of the following conditions exists:
1. The principal building is fully equipped with and protected by an automatic fire suppression system meeting all of the requirements of the Village Building Code; or
2. The principal building has a hip, gable, or gambrel roof with a mean height of less than thirty four feet (34'), as determined in accordance with section 10-13-1 of this title, illustration 7.
C. Accessory Buildings:
1. No accessory structure or building shall be erected or altered on any lot located in the A-A-A-A (E-2), A-A-A (R-1), A-A (R-2), A (R-3), B (R-4), C (R-5), or D (R-6) residence districts so that said accessory structure or building exceeds seventeen feet (17') in height, or the height of the principal building, whichever is less.
2. No accessory structure or building shall be erected or altered on any lot located in the country estate residence district (C-E) so that said accessory structure or building exceeds thirty feet (30') in height; provided, however, that if the accessory structure or building exceeds seventeen feet (17') in height, it shall be located no closer than twenty feet (20') to either the rear or side lot line.
3. No accessory structure or building shall be erected or altered on any lot located in the estate residence district (E-1) so that said accessory structure or building exceeds thirty feet (30') in height; provided, however, that if the accessory structure or building is greater than seventeen feet (17') in height, it shall be located no closer than fifteen feet (15') to either the rear or side lot line.
D. Permitted Exceptions: The exceptions listed in subsection 10-4-1A of this title shall be applicable to the height limitations set forth in this section. (Ord. 94-2, 2-15-1994; amd. Ord. 96-15, 5-7-1996)
10-5-5: DAYLIGHT PLANE HEIGHT RESTRICTIONS:
A. Applicability: In addition to the general height restrictions set forth in section 10-5-4 of this chapter, all buildings on any lot in any residential district shall be subject to, and comply with, the daylight plane height restrictions set forth and established in this section.
B. Daylight Plane: Except as provided in subsection C of this section, no portion of a building on any lot in any residential district shall intercept either of the planes that begin at points twelve feet (12') directly above the interior side lot lines and run at forty five degree (45°) angles toward the interior of any such lot until they reach the maximum height permitted on the lot as established pursuant to subsection 10-5-4A of this chapter. Measurement of the twelve foot (12') vertical portion of the daylight plane shall commence at the average preconstruction grade level that exists along the portion of the side yard property line adjacent to the primary side wall of the proposed structure. If a wall or other abrupt change in grade exists along the side yard property line, the preconstruction grade for calculation of the daylight plane shall be the lowest of the grades existing on either side of the existing abrupt change. The height of the sidewall of the structure shall comply with the daylight plane at all locations down the length of the side yard. Grades shall not be averaged for determining daylight plane calculations. For purposes of this section, such areas shall be known as the "daylight plane". See section 10-13-1 of this title, illustrations 8 and 9.
C. Permitted Encroachments: The following structures and architectural features shall be permitted to extend into and through the daylight plane, but only to the following extent:
1. Roof overhangs and storm gutters may extend into and through the daylight plane a maximum of two feet (2'). See section 10-13-1 of this title, illustration 9.
2. Dormers, gable roof ends, hip roof ends, shed roof ends, and the upper segment of gambrel roof ends, or a combination thereof, may extend into and through the daylight plane; provided, however, that no such extension or extensions shall be permitted if the dormers, gable roof ends, hip roof ends, shed roof ends, or the upper segment of gambrel roof ends, or a combination thereof, is more than twenty feet (20') in total length at the point of intersection with the daylight plane. No individual dormer width may exceed eight feet (8') as measured from the exterior framing dimensions of the vertical edges of the dormers. The minimum clear spacing between dormers shall be six feet (6'). See section 10-13-1 of this title, illustrations 10 and 11 and 11A.
3. Architectural features exempted from this Title's definition of building height may extend into and through the daylight plane. (Ord. 94-2, 2-25-1994; amd. Ord. 98-6, 2-23-1998; Ord. 2000-11, 7-11-2000; Ord. 2022-38, 12-12-2022)
10-5-6: FLOOR AREA RATIO:
A. Maximum Gross Floor Area: No building or any of its accessory structures and uses shall be erected, constructed, or altered on any lot in any residential district if, as a result of such erection, construction, or alteration, the gross floor area of such lot exceeds the maximum gross floor area permitted for that lot as determined by the following applicable computation:
1. The maximum gross floor area for any lot of less than or equal to nine thousand (9,000) square feet shall be computed as follows:
0.4 x lot size in square feet
2. The maximum gross floor area for any lot of more than nine thousand (9,000) square feet, but less than or equal to eighteen thousand (18,000) square feet, shall be computed as follows:
3,600 + (0.2 x total square feet of lot size in excess of 9,000)
3. The maximum gross floor area for any lot of more than eighteen thousand (18,000) square feet shall be computed as follows:
5,400 + (0.1 x total square feet of lot size in excess of 18,000)
B. Special Gross Floor Area Calculations And Exceptions: For purposes of determining the maximum gross floor area permitted for a lot, the following special calculations and exceptions shall apply:
1. Underground Structures: Except as otherwise provided in section 10-12-8 of this title, the following shall be included in the calculation of the gross floor area of a lot:
a. Basements, Crawl Spaces, And Subterranean Garages:
(1) For a basement, crawl space, or subterranean garage constructed on or after January 1, 1950, the total area, in square feet, of all of that portion of such structure that extends three feet (3') or more from the preexisting or proposed grade, whichever grade is more restrictive, to the finished first floor elevation (see section 10-13-1 of this title, illustration 19).
(2) For a basement, crawl space, or subterranean garage constructed before January 1, 1950, the total area, in square feet, of all of that portion of such structure that extends five feet (5') or more from the preexisting or proposed grade, whichever grade is more restrictive, to the finished first floor elevation (see section 10-13-1 of this title, illustration 20). If, however, the principal structure is structurally altered, enlarged, or replaced to the extent of more than fifty percent (50%) of the floor area of the principal structure existing at the time of such alteration, enlargement, or replacement, the special gross floor area exception contained in this subsection B1a(2) shall no longer apply.
b. Expanded Window Well: The total area, in square feet of the expanded window well, calculated by taking the ratio of the length of the exposed basement wall within the window well that is three feet (3') or more in height (measured from the bottom of the well to the finished first floor elevation) to the total perimeter of the foundation of the structure, and multiplying that result by the total floor area of the basement and/or crawl space (see section 10-13-1 of this title, illustration 20).
c. Walkout Basement Stairwell: The total area, in square feet, of the walkout basement stairwell, calculated by taking the ratio of the length of the exposed basement wall within the basement stairwell that is three feet (3') or more in height (measured down from the first floor elevation) to the total perimeter of the foundation of the structure, and multiplying that result by the total floor area of the basement and/or crawl space (see section 10-13-1 of this title, illustration 20).
2. Accessory Structures: For any conforming accessory structure within the rear twenty five percent (25%) of the lot on which it is located or entirely within the rear twenty seven feet (27') of any such lot, whichever is greater (the "qualified accessory structure"), the following special regulations shall apply to determine the gross floor area of the lot. The provisions of this subsection B2 shall not apply to through lots. For purposes of this subsection B2 only, a lot that is both a corner lot and a through lot shall be considered a through lot.
a. Lots Six Thousand Two Hundred Fifty Square Feet And Less: The first four hundred forty (440) square feet of any qualified accessory structure on any lot is six thousand two hundred fifty (6,250) square feet or less in total area shall not be included in the gross floor area of the lot on which such structure is located.
b. Lots Greater Than Six Thousand Two Hundred Fifty To Eight Thousand Seven Hundred Fifty Square Feet: For any lot with an area greater than six thousand two hundred fifty (6,250) square feet but less than or equal to eight thousand seven hundred fifty (8,750) square feet, the amount of the qualified accessory structure that shall not be included in the gross floor area of the lot on which such structure is located shall be determined according to the following formula:
[440 - ((lot size - 6,250) x 0.176 square feet)]
c. Lots Greater Than Eight Thousand Seven Hundred Fifty Square Feet: The gross floor area of any accessory structure on any lot in excess of eight thousand seven hundred fifty (8,750) square feet shall be determined pursuant to the otherwise applicable provisions of this title.
d. Drainage Plan Approval:
(1) No qualified accessory structure or portion thereof shall be excluded from the gross floor area of a lot pursuant to the provisions of this subsection, unless in compliance with the following conditions:
(A) Submittal to and subsequent approval by the village engineer of a drainage plan demonstrating that all stormwater runoff from the garage roof and driveway can either flow overland directly to a public right of way without flowing across an adjacent private lot, or flow through a recorded drainage easement across adjacent private property in order to discharge into a public right of way; or
(B) Submittal to and approval by the village engineer of a drainage plan demonstrating that any portion of stormwater runoff from the garage roof and driveway, which does not flow directly to a public right of way without flowing across an adjacent private lot(s), or does not flow through a recorded drainage easement, will be directed to a stormwater detention facility within the limits of the subject lot; such detention facility shall be capable of providing storage for the volume of rainfall generated by the maximum anticipated twelve (12) hour duration, 5-year rain event per the latest revision of IDNR/OWR bulletin 70, and subsequent pumped discharge to a public right of way in a manner acceptable to the village engineer.
(2) Implementation of a stormwater detention facility shall include requirements recorded against the lot that the detention facility be maintained in operating condition at all times.
3. Stoops And Decks: That portion of stoops and decks in the rear or side yard with: a) a floor elevation of less than thirty inches (30") above grade; b) open type railings or surrounding appurtenances less than forty two inches (42") in height, where the visibility at right angles to the surface is not reduced by more than thirty percent (30%), or no railings or surrounding appurtenances; and c) an area of less than three and one-half percent (3.5%) of the total area of the lot on which the stoop or deck is located, shall not be included in the gross floor area of the lot. Such exclusion shall also include the steps, if any, leading to any such stoop or deck that satisfies the requirements of this subsection.
4. Covered Outdoor Porches, Open Entryways, Open Covered Walks And Uncovered Exterior Balconies:
a. A portion of covered outdoor porches, open entryways, open covered walks, and uncovered exterior balconies may be excluded from the gross floor area of a lot; provided, that the total exclusion for all such structures shall not exceed the lesser of: 1) three and one-half percent (3.5%) of the total lot area; or 2) five hundred (500) square feet; and provided further, that:
(1) The covered outdoor porch:
(A) Is constructed with no railings or with open railings that are no more than forty two inches (42") in height, where the visibility at right angles to the surface of the open railings is not reduced by more than thirty percent (30%). In addition, the area above the open railings, or where there are no railings, the area above the floor, shall be open except for: 1) screens; 2) necessary primary vertical structure elements that do not exceed twelve percent (12%) of the area above the open railings; and 3) decorative, architectural lattice elements located along the top eighteen inches (18") of the covered open porch (see section 10-13-1 of this title, illustration 18); and
(B) Has no floor area or exterior balcony located directly above such porch (see section 10-13-1 of this title, illustration 12).
(2) The uncovered exterior balcony is constructed with open railings that are no more than forty two inches (42") in height, where the visibility at right angles to the surface is not reduced by more than thirty percent (30%) (see section 10-13-1 of this title, illustration 18).
b. Such exclusion shall also include the steps, if any, leading to any such covered outdoor porch, open entryway, or open covered walk that satisfies the requirements of this subsection.
5. Space In Excess Of Ten Feet In Height: The floor area of any space with a floor to ceiling height in excess of ten feet (10') shall be increased by ten percent (10%) for each foot, or fraction thereof, in excess of ten feet (10'). For purposes of this subsection, in the case of a sloping or slanting ceiling, only that area under a plane that is: a) parallel to, and most distant from, the floor below it; and b) at right angles with the adjacent exterior wall or walls, shall be included in the additional floor area calculation. (See section 10-13-1 of this title, illustration 13.)
6. Undereaves: The footprint of eaves areas under sloping roofs that extend no more than two feet (2') from any adjacent exterior wall shall not be included in the gross floor area of the lot.
7. Attics: Only that portion of an attic floor that: a) has a floor to ceiling height equal to or greater than six feet (6'); and b) is determined by the village building commissioner to have been designed to be readily utilized for, or readily converted to, eating, sleeping, or living areas, shall be included in the gross floor area of the lot. In making such determination, the building commissioner shall consider such factors as, without limitation, the method of access and emergency egress, natural light and ventilation provided for such space, and the size of such space.
8. Flag Lots: The "pole" portion of any flag lot shall not be included in the lot size calculation used to determine the maximum permitted floor area. On lots other than flag lots that consist of: a) a primary mass at least fifty percent (50%) of the total area of the lot and set back from the street frontage access ("the primary portion"); and b) a narrow access corridor with a width of no more than fifty feet (50') wide and a depth to width ratio of no more than three to one (3:1), only the primary portion shall be included in the lot size calculation to determine the maximum permitted floor area. (Ord. 94-2, 2-15-1994; amd. Ord. 98-6, 2-23-1998; Ord. 2000-11, 7-11-2000; Ord. 2005-1, 1-10-2005)
10-5-7: IMPERVIOUS SURFACE COVERAGE:
A. Total Impervious Surface Limitation: Subject to the limitations set forth in subsection B of this section, the total amount of impervious surfaces on any lot in any residential district shall not exceed the percentages of the total area of the lot as set forth in the applicable subsection below:
1. For lots in the R-1, R-2, R-3, R-4 and R-5 residence districts:
Width Of Lot | Maximum Percentage |
Less than 50' | 60% |
50' to 75' | 50% + [(75' - the actual width of the lot in feet) x 0.4] |
Example: Lot width of 65': | |
(75 - 65 = 10) (10 * 0.4 = 4) (4 + 50% = 54%) | |
More than 75' | 50% |
2. For lots in E-2, E-1, and C-E residence districts:
Area Of Lot | Maximum Percentage |
Less than 12,000 sq. ft. | 50% |
12,000 sq. ft. to 43,560 sq. ft. | 40% + [(43,560 sq. ft. - lot size) x 0.000317] |
More than 43,560 sq. ft. | 40% |
B. Required Front Yard Setback Impervious Surface Limitation: The total amount of impervious surfaces in the required front yard setback of any lot in any residence district shall not exceed the following percentages of total area of the required front yard of the lot:
Width Of Lot | Maximum Percentage |
Less than 25' | 75% |
25' to 49' | 45% + [(50' - lot width) x 1.2] |
50' | 45% |
51' to 99' | 35% + [(100' - lot width) x 0.2] |
100' or more | 35% |
(Ord. 94-2, 2-15-1994)
10-5-8: BUILDING COVERAGE:
A. Maximum Coverage: The total coverage area of all buildings and accessory structures on any lot in any residential district shall not exceed the following percentage of the total area of the lot:
Zoning District | Maximum Building Coverage (Percent) |
Zoning District | Maximum Building Coverage (Percent) |
Country estate (C-E) | 20 |
Estate (E-1) | 20 |
A-A-A-A (E-2) | 20 |
A-A-A (R-1) | 30 |
A-A (R-2) | 30 |
A (R-3) | 30 |
B (R-4) | 30 |
C (R-5) | 30 |
B. Building Overhangs: The footprint of any portion of a building that extends from any adjacent exterior wall shall be included in the maximum building coverage calculation; provided, however, that the footprint of eaves areas under sloping roofs that extend no more than two feet (2') from any adjacent exterior wall (including, without limitation, the exterior wall of a building overhang) shall not be included in the maximum building coverage calculation.
C. Special Exclusions:
1. Certain Stoops And Decks: Stoops and decks with: a) a floor elevation of less than thirty inches (30") above grade; b) open type railings or surrounding appurtenances less than forty two inches (42") in height, where the visibility at right angles to the surface is not reduced by more than thirty percent (30%), or no railings or surrounding appurtenances; and c) an area of less than three and one-half percent (3.5%) of the total area of the lot on which the stoop or deck is located, shall not be included in the maximum building coverage calculation. Such exclusion shall also include the steps, if any, leading to any such stoop or deck that satisfies the requirements of this subsection C1.
2. Certain Accessory Structures: The first three hundred thirty (330) square feet of any accessory structure that is located entirely in the rear twenty five percent (25%) of any lot other than a through lot, or located entirely within the rear twenty seven feet (27') of any lot other than a through lot, whichever is greater, shall not be included in the building coverage of the lot. For the purposes of this section only, a lot that is both a corner lot and a through lot shall be considered a through lot.
D. Flag Lots: The "pole" portion of any flag lot shall not be included in the lot size calculation used to determine the maximum permitted building coverage. See section 10-13-1, illustration 2A of this title. (Ord. 94-2, 2-15-1994; amd. Ord. 98-6, 2-23-1998)
10-5-9: ACCESSORY BUILDINGS AND STRUCTURES:
Accessory buildings, except as otherwise permitted in this title, shall be subject to the following regulations:
A. No accessory building or structure shall be permitted in any required front yard; provided, however, that flagpoles may be located not less than ten feet (10') from the front and side lot lines, and basketball hoops and backboards not exceeding thirteen feet (13') in height may be located so that no portion of such structure (including the backboard) extends beyond the front lot line or within five feet (5') of the side lot line.
B. Where an accessory building or structure is structurally attached to a principal building, the accessory structure shall be subject to, and must comply with, all regulations of this title applicable to the principal building. An accessory building connected to a principal building via an open walled covered walkway shall be considered to be structurally attached to the principal building. For purposes of this subsection, a walkway shall be deemed to be "covered" if any type of building or structural support materials of any kind connect the upper half of the vertical elements of the walkway.
C. Except as provided in subsection D of this section, an accessory building or structure shall not be located less than five feet (5') from any interior lot line or not less than five feet (5') from the rear lot line. On a corner lot, along a street line that is determined to be the side of the lot, accessory buildings and structures shall not be located less than twenty percent (20%) of the width of the lot to such street line, or less than the applicable required front yard setback or required corner lot side yard setback for a principal structure or building on the adjoining lot along the same street line, whichever distance is greater.
D. As noted in subsection C of this section, the following exceptions apply:
a. An accessory building or structure located, in whole or in part, along that portion of the rear or side lot line that forms part of the front half of the side lot line of an adjacent lot shall not be located less than ten feet (10') from the rear or side lot line of the lot on which any such accessory building or structure is located; provided, however, that this restriction shall not apply to any accessory building or structure that is erected eighty feet (80') or more from any street bounding the block; and provided further, that in the C (R-5), B (R-4), and A (R-3) Residence Districts, an accessory building or structure, with neither a width nor depth exceeding ten feet (10'), nor a height exceeding ten feet (10'), may, if located entirely in the required rear yard, extend to within two and one-half feet (2.5') of the rear lot line and to within two and one-half feet (2.5') of an interior side lot line; provided, that the portions of such lot lines along which any such accessory building or structure, or any part thereof, is located, does not form the front half of an adjacent lot, and does not form the half of the lot closest to the side street for a corner lot or an adjacent corner lot. (See section 10-13-1, illustration 6A of this title.)
b. An accessory building or structure that is located on a residentially zoned lot with an area of six thousand two hundred fifty (6,250) square feet or less and width of fifty feet (50') or less, may extend to within two and one-half feet (2.5') of the rear or side property lines.
E. An accessory building or structure that is considered to be a garage, shed, greenhouse, or any other type of miscellaneous enclosed building shall not be located less than five feet (5') from any principal building, or from any structure attached to a principal building, or less than three feet (3') from any deck attached to a principal building or structure, provided such deck is of a type specified in subsection 10-5-6B3 of this chapter.
F. An accessory building shall not be erected or used prior to the construction and use of the principal building. An accessory building or use may be maintained for a period no greater than one year after the date that the principal building is demolished or the principal use in the principal building is ceased, unless a building permit is issued and construction is actually begun within that one year period and is thereafter diligently pursued to completion, or unless a certificate of occupancy is issued and a use commenced within that period.
Where an accessory structure or use is to be maintained in the absence of a principal structure or use under this subsection, the Building Commissioner may require the property owner to execute a covenant, in a form provided by the Village, providing that any accessory structures must be removed at the owner's expense at the expiration of this allowance or else may be removed by the Village at the owner's expense. The covenant shall further provide that any fees owed to the Village pursuant to the covenant that have not been paid within thirty (30) days following the mailing of a written demand for payment may be imposed as a lien against the property and may be foreclosed in the manner provided for mortgages or mechanics' liens under Illinois law.
G. Accessory structures or buildings erected or altered on any lot in any zoning district that exceed one thousand (1,000) square feet in total floor area shall be subject to the principal structure setback requirements for such zoning district.
H. No garage hereafter erected on any lot located in the R-1, R-2, R-3, R-4, or R-5 Residence District shall have vehicular doors that extend along the front of the lot for a distance greater than fifty percent (50%) of the width of the principal building, or eighteen feet (18'), whichever is less. (Ord. 2016-13, 5-9-2016; amd. Ord. 2022-2, 1-10-2022; Ord. 2025-23, 7-28-2025)
10-5-10: SWIMMING POOLS:
Swimming pools located in a residential district shall be subject to the following regulations:
A. Location:
1. In-Ground Swimming Pools: The water containment area of an in-ground swimming pool (as measured from the exterior face), as well as any above ground accessory equipment to the swimming pool, including, without limitation, filters, pumps, or heaters, shall not be located:
a. In the front yard of a lot;
b. Within ten feet (10') of any lot line;
c. Within any required minimum corner lot side yard setback;
d. Within ten feet (10') of a principal structure; or
e. Within the minimum setbacks required by section 10-12-3 of this title, if applicable.
2. Above-Ground Swimming Pools: The water containment area of an above-ground swimming pool (as measured from the exterior face), as well as any above ground accessory equipment to the swimming pool, including, without limitation, filters, pumps, or heaters, shall not be located:
a. In the front yard of a lot;
b. Within a distance of any lot line of the sum of ten feet (10') plus one foot (1') for every foot of height of the above-ground swimming pool;
c. Within any required minimum corner lot side yard setback;
d. Within ten feet (10') of a principal structure; or
e. Within the minimum setbacks required by section 10-12-3 of this title, if applicable.
B. Water Containment Area Included In Calculations: The total square footage of the water containment portion of a swimming pool, as measured from the exterior face of the water containment portion of the swimming pool walls, shall be included in calculating the impervious surface coverage of the property pursuant to section 10-5-7 of this chapter. The total square footage of the water containment portion of an above-ground swimming pool, as measured from the exterior face of the water containment portion of the swimming pool walls, shall also be included in calculating the gross floor area and total lot coverage area restrictions of the property pursuant to sections 10-5-6 and 10-5-8, respectively, of this chapter.
C. Use Restrictions:
1. Swimming pools accessory to a single-family dwelling, where used solely by the residents of the lot on which they are located or their invited guests, are a permitted accessory use.
2. Swimming pools shall be permitted only upon the issuance of a special use permit if a swimming pool is intended for use by: a) members and guests of a not for profit club or organization; or b) a group of residents of a multiple-family building, street or block, subdivision, neighborhood, or other specific and defined area of residences. (Ord. 2018-22, 10-22-2018)
10-5-11: HOME OCCUPATIONS:
A. Authorization: Subject to the limitations set forth in this section, any "home occupation" (as defined in subsection B of this section) shall be permitted in any principal single-family dwelling, accessory dwelling unit, or permitted accessory structure (collectively, "single-family dwelling").
B. Definition: "Home occupation" shall mean a business, profession, occupation, or trade that:
1. Is conducted for gain or support by a full time occupant of a single-family dwelling;
2. Is incidental and secondary to the principal use of a single-family dwelling for dwelling purposes;
3. Does not change the essential residential character of a single-family dwelling or the surrounding area; and
4. Is not subject to the special use requirements of, or a special use permit granted by, the Village pursuant to, subsection 10-2C-3 F of this title.
C. Employee Limitations:
1. The owner or operator of every home occupation shall be domiciled in the single-family dwelling where such home occupation is conducted.
2. No more than four (4) employees who are not domiciled in the single-family dwelling where a home occupation is conducted shall be present in connection with, or otherwise participate in the operation of, a home occupation at any one time.
D. Structural Limitations: No alteration shall be made to a single-family dwelling where a home occupation is conducted that would change its residential character as a single- family dwelling, including specifically, but without limitation, the enlargement of public utility services beyond that customarily required for residential use.
E. Operational Limitations:
1. Every home occupation shall be conducted wholly within a principal single-family dwelling; provided, however, that this limitation shall not apply to a daycare home operated as a home occupation.
2. No stock in trade shall, on a regular basis, be publicly displayed or sold from within the single-family dwelling in which any home occupation is located.
3. No more than four (4) individual clients, customers, or service or delivery personnel associated with the home occupation located in any single-family dwelling shall visit or occupy such single-family dwelling at any one time; provided, however, that the attendance of up to six (6) children at any one time at a daycare home operated as a home occupation, including the children domiciled at any such daycare home, shall not be prohibited by this subsection E3.
4. No mechanical, electrical, or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare, emissions, odor, or radiation outside the single-family dwelling that is greater or more frequent than that typical of equipment used in connection with residential occupancy shall be used in connection with any home occupation.
5. No outdoor storage shall be allowed in connection with any home occupation.
6. No refuse in excess of the amount allowable for regular residential pick up shall be generated by any home occupation.
7. There shall be provided and maintained on the lot on which any home occupation is conducted adequate space for parking or housing any and all vehicles required pursuant to the applicable parking requirements for single-family dwellings set forth in section 10-5-12 of this chapter. In addition, vehicles used in connection with any home occupation shall be subject to the requirements of title 6, chapter 7 of this Code.
F. Traffic Limitations: No home occupation shall generate more vehicular or pedestrian traffic than is typical of single-family dwellings in the area.
G. Nuisance Causing Activities: In addition to the specific limitations set forth in subsections A though F of this section, no home occupation shall:
1. Cause or create any nuisance;
2. Cause or create any substantial or undue adverse impact on any adjacent property or the character of the area;
3. Threaten the public health, safety, or general welfare;
4. Be noxious, offensive, or hazardous; or
5. Interfere with the reasonable use and enjoyment of adjacent residential properties.
H. Licensing Requirements: Every home occupation shall be subject to applicable business licensing and inspection requirements, and shall comply with all applicable federal, state of Illinois, and local laws and regulations, including specifically, but without limitation, obtaining, maintaining, and complying with regulations applicable to any required federal, state of Illinois, or local permit. Nothing in this subsection shall be construed to establish, create, or impose any new license or permit fees for home occupations.
I. Existing Home Occupations: All home occupations in the village shall comply with the regulations set forth herein as well as all other applicable provisions of law ("requirements of law"); provided, however, that those home occupations in existence as of September 8, 1997, being the effective date of this section (the "effective date"), that do not meet the requirements of law may continue in operation for up to two (2) years after the effective date, at which time, the home occupation must comply with the requirements of law or it must be terminated. (Ord. 97-22, 9-8-1997; amd. Ord. 2022-2, 1-10-2022; Ord. 2022-38, 12-12-2022)
10-5-12: PARKING:
A. Single-Family Lots: For every single-family dwelling erected after July 11, 2000, there shall be provided and maintained within the limits of the same lot adequate space for parking or housing two (2) automobiles. The portion of a driveway in the public right of way adjacent to a lot shall not be considered for purposes of complying with the first sentence of this subsection. Driveway widths, exclusive of returns at the curb line and street edge, shall not exceed twenty feet (20') within any portion of the public right of way. Circular driveways shall be permitted; provided, however, that the portion of the circular driveway parallel to the public right of way shall not be constructed or located on any portion of the public right of way.
B. Multi-Family Lots: For every multiple-family dwelling or other structure containing dwelling units hereafter erected or structurally altered, there shall be provided and maintained on the side yard or rear yard of the lot upon which such building is located adequate space for parking or housing two (2) motor vehicles for each dwelling unit in the structure; provided, however, that no such parking spaces shall be permitted on a corner lot in either the rear or side yard that adjoins a public highway or street. Plans for the erection or alteration of any multiple-family dwelling or other structure containing dwelling units shall show thereon, in addition to any other required data or information, a survey of the premises on which such buildings are proposed to be erected or altered. The required survey shall also show the location of the building lines and parking or housing areas with reference to the lot lines, and the location of the parking or housing areas in sufficient detail to establish that space will be provided not only for parking and housing the required number of motor vehicles, but also for safety and conveniently maneuvering such motor vehicles into and out of the parking or housing areas.
C. Accessory Dwelling Units: For the purposes of this Section, an accessory dwelling unit is not a dwelling. The minimum parking requirement for accessory dwelling units shall be as provided in Section 10-5-15. (Ord. 94-2, 2-15-1994; amd. Ord. 2000-11, 7-11-2000; 2009 Code; Ord. 2022-2, 1-10-2022)
10-5-13: HABITABLE SPACE:
A. Single-Family Dwellings: Single-family dwellings erected, converted, or reconstructed after February 15, 1994, shall have one living room of not less than one hundred eighty (180) square feet, and every room used for sleeping purposes shall have an area of not less than one hundred (100) square feet. The combined area of all habitable rooms in single- family dwellings erected, converted, or reconstructed after February 15, 1994, shall not be less than the minimum permitted area as follows:
1. One thousand four hundred (1,400) square feet in the country estate (C-E), estate (E-1), and A-A-A-A (E-2) residence districts.
2. One thousand three hundred (1,300) square feet in the A-A-A residence district (R-1).
3. One thousand two hundred (1,200) square feet in the A-A residence district (R-2).
4. One thousand one hundred (1,100) square feet in A residence district (R-3).
5. One thousand fifty (1,050) square feet in the B (R-4), C (R-5), and D (R-6) residence districts.
B. Multiple-Family Dwellings: In all multiple-family dwellings erected, converted, or reconstructed after February 15, 1994, the combined area of all habitable rooms shall be not less than one thousand fifty (1,050) square feet for each dwelling unit.
C. Accessory Dwelling Units: The minimum permitted area for accessory dwelling units shall be as provided in Section 10-5-15. No portion of an accessory dwelling unit may be used to satisfy the requirements of this Section. (Ord. 94-2, 2-15-1994; amd. Ord. 2000-20, 12-11-2000; 2009 Code; Ord. 2022-2, 1-10-2022)
10-5-14: PRIVATE SALES:
A. Permit Required: Persons seeking to conduct a private sale must obtain a permit from the village no later than forty eight (48) hours prior to conducting the sale. The village administrator or his designee may, in his sole discretion, place conditions on the issuance of the permit including, without limitation, parking restrictions and other conditions concerning public safety and the impact of the sale on neighboring properties and residents. The persons conducting the sale are responsible for complying with the terms and conditions of the sale permit.
B. Time And Duration Limits:
1. Times Of Sales: Private sales are permitted only during the following times: Monday through Friday (7:00 A.M. to 7:00 P.M.), Saturday (8:00 A.M. to 6:00 P.M.) and Sunday (9:00 A.M. to 5:00 P.M.).
2. Duration Of Sales: Private sales must be limited in duration to a period not to exceed three (3) consecutive days, and no more than two (2) such sales may be conducted from the same location in any twelve (12) month period. (Ord. 2011-17, 9-26-2011)
10-5-15: ACCESSORY DWELLING UNITS:
A. Purpose. The purpose of this Section is to authorize the creation and use of accessory dwelling units that provide housing choices for Village residents and support the Village's existing, high-quality residential neighborhoods. This Section provides for a streamlined public review of accessory dwelling units in order to maximize their compatibility with these existing neighborhoods.
B. Form. An accessory dwelling unit may be located within a designated area within the principal structure (such as a basement), attached to the principal structure, or be a freestanding accessory structure.
C. Number. Each zoning lot used for a single-family dwelling may have only one accessory dwelling unit subject to the conditions and restrictions of this Section.
D. Pre-Application Workshop Required. Prior to applying for a special use permit to authorize an accessory dwelling unit, an applicant must appear at a meeting of the Joint Plan Commission and Zoning Board of Appeals for a pre-application workshop to discuss with Joint Plan Commission and Zoning Board of Appeals the proposed accessory dwelling unit.
E. Special Use Process for Accessory Dwelling Units. An application for a special use permit to authorize an accessory dwelling unit is subject to the rebuttable presumption that the application satisfies the standards for a special use permit set forth in Section 10-2C-10 E., but only where the PCZBA and the Village Board find that the accessory dwelling unit is located and scaled in such a manner as to best:
1. Provide sufficient distance between the accessory dwelling unit and any dwellings on adjacent properties;
2. Provide sufficient privacy to the occupants of both the accessory dwelling unit and any adjacent residential properties;
3. Minimize the visual impact of the accessory dwelling unit into surrounding residential properties and the streetscape, including by minimizing the appearance of the entry doors to the ADU from the street; and
4. Result in an accessory dwelling unit that is clearly accessory and subordinate to the principal dwelling unit. In evaluating this standard, the following guidelines typically indicate an accessory and subordinate use:
a. The presence of two or fewer bedrooms in the accessory dwelling unit;
b. Conformance with the maximum size restrictions provided in this Section; and
c. The arrangement or provision of utilities shall not affect this determination.
The foregoing standards shall be evaluated relative to the impacts that would be reasonably expected from adding a conforming residential addition to the principal structure that does not serve as an accessory dwelling unit. The foregoing standards are not intended to serve as a mechanism for review of the architectural design, materials, or quality of proposed accessory dwelling units.
F. Size Restrictions.
1. Minimum. The combined area of all habitable rooms of the accessory dwelling unit shall not be smaller than two hundred and twenty (220) square feet.
2. Maximum. The gross floor area of the accessory dwelling unit, and any accessory structure that houses a detached accessory dwelling unit, shall be no larger than:
a. Thirty-five (35) percent of the gross floor area of the principal structure, exclusive of any area used for the accessory dwelling unit;
b. Eight hundred (800) square feet of gross floor area, except in the “C-E” Country Estate District; and
c. One thousand five hundred (1,500) square feet of gross floor area in the “C-E” Country Estate District.
Any reductions to gross floor area provided in subsection 10-5-6(B) do not apply to the foregoing requirements, except that undereaves and any stoops, steps, and porches leading to the accessory dwelling unit shall not be counted in measuring the gross floor area of the accessory dwelling unit.
G. Parking Requirements. In addition to any required parking pursuant to Section 10-5-12, an accessory dwelling unit shall provide adequate space to park or house at least one automobile.
H. Additional Bulk Regulations for Detached Units. In addition to any bulk requirements that are applicable in the relevant zoning district, the following further restrictions apply to detached accessory dwelling units:
1. Setbacks. A detached accessory dwelling unit shall be subject to all yard and setback requirements applicable to the principal structure on the same zoning lot. Where there is a conflict between the requirements applicable to a principal structure and an accessory structure, the more restrictive provision shall control.
2. Prohibition in Street Yards. A detached accessory dwelling unit shall not be located between the principal building and the lot line(s) abutting any contiguous public street, public right-of-way, or private street for the full width of the lot; provided that this prohibition shall not apply to detached accessory dwelling units located between the principal building and an alley. This includes, but is not limited to, the full depth of front yards, corner lot side yards, and both the front and rear yards of through lots. See Section 10-13-1, illustration 1.
3. Height. The height of a detached accessory dwelling unit shall not exceed the lesser of:
a. The height limitations in the applicable zoning district; and
b. The height of the principal structure on the zoning lot.
I. Ownership and Rental.
1. Common Ownership Required. An accessory dwelling unit must be kept in common ownership with the principal dwelling on the zoning lot.
2. Short Term Rentals Prohibited. Pursuant to Section 10-4-5 of this Code, accessory dwelling units may not be used as short-term rentals.
3. Regulations for All Other Rentals. Where the principal dwelling is leased or not occupied by the owner, either:
a. The accessory dwelling unit must be occupied by the owner; or
b. The occupants of the principal and accessory dwelling unit must constitute a single family.
J. Existing Non-Conformities.
1. Existing Accessory Dwelling Units Grandfathered. Accessory dwelling units lawfully constructed prior to January 10, 2022 may continue to be used, maintained, and occupied notwithstanding any nonconformity with subsections C, F, G, or H of this Section or the absence of a special use permit.
2. Conversion of Non-Conforming Structures. Nothing shall prohibit a structure existing as of January 10, 2022, including a legally non-conforming structure, from being converted for use to an accessory dwelling unit provided that the conversion complies with this Section and does not increase the degree of any existing non-conformity with any Bulk Regulation. The creation of an accessory dwelling unit by conversion must be authorized by a special use permit as provided in this Section.
K. Special Rules for Abandonment. Notwithstanding the abandonment provisions of Section 10-8-2(C)(9), any legally non-conforming or special use of an accessory dwelling unit shall not be deemed abandoned until it is discontinued for a period of:
1. Nine consecutive months; or
2. A cumulative total of eighteen (18) months during any three-year period. (Ord. 2022-2, 1-10-2022; amd. Ord. 2022-38, 12-12-2022)
10-5-16: SUBTERRANEAN SINGLE-FAMILY GARAGES:
Garages shall be permitted to be constructed below the first floor of a single-family dwelling, provided, however, that subterranean single-family garages shall be subject to the following conditions and restrictions:
A. Safety Guard: Where a retaining wall is used as part or alongside of a driveway entrance to a subterranean single-family garage, the owner shall provide guards to prevent falls where the difference in elevation exceeds 30 inches. The guard shall be constructed to the applicable standards provided in the International Residential Code, as adopted in Title 9, Chapter 2 of this Code. This requirement may be modified or waived where landscape screening or topography make part of or an entire safety guard unnecessary, but only upon both the (i) approval of the Village Board, and (ii) the Building Commissioner in accordance with any applicable procedures set forth in Title 9, Chapter 2 of this Code.
B. Driveway Setback: No portion of the driveway entrance to any subterranean single-family garage shall be located within five feet of any side or rear lot line.
C. Stormwater Drainage: Stormwater shall discharge directly from the subterranean single-family garage and driveway entrance into a public storm sewer system.
D. Engineer Certification: Applications for approval of subterranean single-family garages must be accompanied by a stamped certification from a professional engineer licensed by the State of Illinois stating that the proposed subterranean single-family garage has been designed to withstand a 100-year flood event.
E. Transferee Assumption of Liability: Prior to any transfer of ownership of a property upon which a subterranean single-family garage has been constructed, the buyer must execute a transferee assumption agreement in a form acceptable to the Village Attorney releasing the Village from any liability for and arising from the subterranean single-family garage.
F. Additional Conditions: A subterranean single-family garage may be subject to such additional regulations as the Village Board deems necessary, including, without limitation, regulations pertaining to landscaping, screening, and stormwater drainage. (Ord. 2022-38, 12-12-2022)
10-5-17: LOCATION RESTRICTIONS FOR ANIMALS:
A. Horses: It shall be unlawful to keep, harbor or house any horse in any place in the village that is:
1. Within fifty feet (50') of any dwelling or building used for human habitation;
2. On any lot or parcel of land that is less than five (5) acres in size; or
3. On any lot or parcel of land of any size where the same presents a health hazard or nuisance of any kind.
B. Other Animals: It shall be unlawful to keep, harbor, or house any sheep, goat, swine, cattle, or poultry (excluding accessory animal licensed chickens) in any place in the village that is:
1. Within two hundred feet (200') of any dwelling or building used for human habitation;
2. On any lot or parcel of land that is less than ten (10) acres in size;
3. Within one hundred feet (100') of the lot line of any adjacent parcel of real estate; or
4. On any lot or parcel of land of any size where the same presents a health hazard or nuisance of any kind.
C. Exceptions: The foregoing restrictions shall not apply to:
1. Domestic household pets that are kept indoors in the residence or garage of the owner thereof at all times, and that do not otherwise constitute or create a nuisance or health hazard and that are not raised or kept for monetary gain or benefit of any kind; or,
2. Keeping of chickens or bees as authorized by an accessory animal license issued pursuant to Article D of Chapter 9 of the Village Code. (Ord. 2025-21, 7-14-2025)
ARTICLE J. PLANNED RESIDENTIAL DEVELOPMENT (PRD)
(Rep. by Ord. 2022-30, 10-24-2022)
10-5A-1: PERMITTED USES:
A. Uses; Applicable Conditions: No building or lot shall be used within the country estate residence district (C-E) for any purpose other than those permitted and special uses identified in the zoning use table at section 10-13-3 of this title.
B. Conditions Specific To Certain Permitted Uses: The following permitted uses within the country estate residence district (C-E) are subject to the following conditions:
Country club golf courses, including the related clubhouse, pro shop, restaurant, and other accessory structures, are permitted only on tracts of land of one hundred twenty (120) acres or more in area. Such tract must be held in common ownership, but all parts of a tract satisfying this minimum acreage requirement qualify even where a portion of the tract lies outside the corporate limits of the Village.
Farming operations, including the related accessory and farmhouse buildings incidental to those farming operations, are permitted only on tracts of land of one hundred twenty (120) acres or more in area.
Temporary buildings and uses necessary for development or construction purposes are permitted for a period not to exceed one year. (Ord. 2010-10, 5-24-2010; amd. Ord. 2021-6, 3-8-2021)
10-5A-2: RESERVED:
(Ord. 2010-10, 5-24-2010)
10-5A-3: BUILDING HEIGHT:
10-5A-4: YARDS:
A. Rear Yard: There shall be a rear yard having a depth of not less than forty feet (40'), except where the rear yard is located on Lake Michigan, in which case, a minimum of one hundred feet (100') shall be required. This setback requirement on Lake Michigan does not imply that the village believes that such structures will be safe from erosion of the beach or bluffs on which such structures are placed. Nothing contained herein shall create any liability on the part of the village or any officer or employee thereof, for any damage that results from reliance on this title or on any administrative decisions made lawfully hereunder relating to the distance for the rear yard setback on Lake Michigan.
B. Side Yards: Each side yard on a lot shall have a width of not less than ten percent (10%) of the total width of the lot. (Ord. 94-2, 2-15-1994)
10-5A-5: LOT AREA AND WIDTH:
No building shall hereafter be erected on any lot having a total area of less than two hundred thousand (200,000) square feet, nor a width of less than two hundred feet (200'). (Ord. 94-2, 2-15-1994)
10-5B-1: PERMITTED USES; CONDITIONS:
A. Permitted Uses: No building or lot shall be used within the estate residence district (E-1) for any purpose except those permitted and special uses identified in the zoning use table at section 10-13-3 of this title.
B. Conditions Specific To Certain Permitted Uses: The following permitted uses are subject to the following conditions:
Temporary buildings and uses necessary for development or construction purposes are permitted for a period not to exceed one year. (Ord. 2010-10, 5-24-2010)
10-5B-2: RESERVED:
(Ord. 2010-10, 5-24-2010)
10-5B-3: BUILDING HEIGHT:
10-5B-4: YARDS:
A. Rear Yard: There shall be a rear yard having a depth of not less than thirty feet (30').
B. Side Yards: Each side yard on a lot shall have a width of not less than ten percent (10%) of the total width of the lot. (Ord. 94-2, 2-15-1994)
10-5B-5: LOT AREA AND WIDTH:
No building shall hereafter be erected on any lot having a total area of less than one and one-half (11/2) acres (65,340 square feet), nor a width of less than one hundred fifty feet (150'). (Ord. 94-2, 2-15-1994)
10-5C-1: REGULATIONS AND PERMITTED USES GENERALLY:
A. Regulations Generally: The A-A-A-A residence district (E-2) regulations shall be identical with the estate residence district (E-1) regulations, with the exception of the provisions of this article.
B. Permitted Uses: No building or lot shall be used within the A-A-A-A residence district (E-2) for any purpose except those permitted and special uses identified in the zoning use table at section 10-13-3 of this title. (Ord. 2010-10, 5-24-2010)
10-5C-2: LOT AREA AND WIDTH:
No building shall hereafter be erected on any lot having a total area of less than one acre (43,560 square feet), nor a width of less than one hundred twenty five feet (125'). (Ord. 94-2, 2-15-1994)
10-5D-1: REGULATIONS AND PERMITTED USES GENERALLY:
A. Regulations Generally: The A-A-A residence district (R-1) regulations shall be identical with the estate residence district (E-1) regulations, with the exception of the provisions of this article.
B. Permitted Uses: No building or lot shall be used within the A-A-A residence district (R-1) for any purpose except those permitted and special uses identified in the zoning use table at section 10-13-3 of this title. (Ord. 2010-10, 5-24-2010)
10-5D-2: LOT AREA AND WIDTH:
No building shall hereafter be erected on any lot having a total area of less than twenty thousand (20,000) square feet, nor a width of less than one hundred feet (100'). (Ord. 94-2, 2-15-1994)
10-5E-1: REGULATIONS AND PERMITTED USES GENERALLY:
A. Regulations Generally: The A-A residence district (R-2) regulations shall be identical with the estate residence district (E-1) regulations, with the exception of the provisions of this article.
B. Permitted Uses: No building or lot shall be used within the A-A residence district (R-2) for any purpose except those permitted and special uses identified in the zoning use table at section 10-13-3 of this title. (Ord. 2010-10, 5-24-2010)
10-5E-2: YARDS:
A. Rear Yard: There shall be a rear yard having a depth of not less than fifteen percent (15%) of the depth of the lot, provided such rear yard shall not be less than ten feet (10') in depth and need not exceed twenty five feet (25') in depth.
B. Side Yards:
1. Combined Side Yards: The minimum total width of both side yards on a lot shall be twenty percent (20%) of the total width of the lot.
2. Individual Side Yards: The minimum width of each side yard on a lot shall be ten percent (10%) of the total width of the lot, except as otherwise provided in subsection B3 of this section.
3. Side Yards For Certain Buildings And Structures: If any side yard for any building or structure existing as of February 15, 1994, is less than ten percent (10%) of the total width of the lot, the minimum width of that side yard shall be the greater of: a) the existing side yard; or b) five feet (5'). If the existing building or structure is subsequently replaced, to the extent of more than fifty percent (50%) of the cost of replacement of such structure new, exclusive of foundation, the side yard regulation in subsection B2 of this section shall apply. (Ord. 94-2, 2-15-1994; amd. Ord. 2005-8, 4-25-2005)
10-5E-3: LOT AREA AND WIDTH:
No building shall hereafter be erected on any lot having a total area of less than twelve thousand (12,000) square feet, nor a width of less than seventy five feet (75'). (Ord. 94-2, 2-15-1994)
10-5F-1: REGULATIONS AND PERMITTED USES GENERALLY:
A. Regulations Generally: The A residence district (R-3) regulations shall be identical with the estate residence district (E-1) regulations, with the exception of the provisions of this article.
B. Permitted Uses: No building or lot shall be used within the A residence district (R-3) for any purpose except those permitted and special uses identified in the zoning use table at section 10-13-3 of this title. (Ord. 2010-10, 5-24-2010)
10-5F-2: YARDS:
A. Rear Yard: There shall be a rear yard having a depth of not less than fifteen percent (15%) of the depth of the lot, provided such rear yard shall not be less than ten feet (10') in depth and need not exceed twenty five feet (25') in depth.
B. Side Yards:
1. Combined Side Yards: The minimum total width of both side yards on a lot shall be twenty percent (20%) of the total width of the lot.
2. Individual Side Yards: The minimum width of each side yard on a lot shall be ten percent (10%) of the total width of the lot, except as otherwise provided in subsection B3 of this section.
3. Side Yards For Certain Buildings And Structures: If any side yard for any building or structure existing as of February 15, 1994, is less than ten percent (10%) of the total width of the lot, the minimum width of that side yard shall be the greater of: a) the existing side yard; or b) five feet (5'). If the existing building or structure is subsequently replaced, to the extent of more than fifty percent (50%) of the cost of replacement of such structure new, exclusive of foundation, the side yard regulation in subsection B2 of this section shall apply. (Ord. 94-2, 2-15-1994; amd. Ord. 2005-8, 4-25-2005)
10-5F-3: LOT AREA AND WIDTH:
No building shall hereafter be erected on any lot having a total area of less than nine thousand five hundred (9,500) square feet, nor a width of less than sixty feet (60'). (Ord. 94-2, 2-15-1994)
10-5G-1: REGULATIONS AND PERMITTED USES GENERALLY:
A. Regulations Generally: The B residence district (R-4) regulations shall be identical with the estate residence district (E-1) regulations, with the exception of the provisions of this article.
B. Permitted Uses: No building or lot shall be used within the B residence district (R-4) for any purpose except those permitted and special uses identified in the zoning use table at section 10-13-3 of this title. (Ord. 2010-10, 5-24-2010)
10-5G-2: YARDS:
A. Rear Yard: There shall be a rear yard having a depth of not less than fifteen percent (15%) of the depth of the lot, provided such rear yard shall not be less than ten feet (10') in depth and need not exceed twenty five feet (25') in depth.
B. Side Yards:
1. Combined Side Yards: The minimum total width of both side yards on a lot shall be the greater of: a) twenty percent (20%) of the total width of the lot; or b) ten feet (10').
2. Individual Side Yards: The minimum width of each side yard on a lot shall be the greater of: a) ten percent (10%) of the total width of the lot; or b) five feet (5'), except as otherwise provided in subsection B3 of this section.
3. Side Yards For Certain Buildings Or Structures: If any side yard for any building or structure existing as of April 25, 2005, is less than ten percent (10%) of the total width of the lot, the minimum width of that side yard shall be the greater of: a) the existing side yard; or b) five feet (5'). If the existing building or structure is subsequently replaced, to the extent of more than fifty percent (50%) of the cost of replacement of such structure new, exclusive of foundation, the side yard regulation in subsection B2 of this section shall apply. (Ord. 94-2, 2-15-1994; amd. Ord. 2005-8, 4-25-2005)
10-5G-3: LOT AREA AND WIDTH:
No building shall hereafter be erected on any lot having a total area of less than seven thousand five hundred (7,500) square feet, nor a width of less than fifty feet (50'). (Ord. 94-2, 2-15-1994)
10-5H-1: PERMITTED USES:
No building or lot shall be used within any C residence district (R-5) for any purpose other than those permitted and special uses identified in the zoning use table at section 10-13-3 of this title. (Ord. 2010-10, 5-24-2010)
10-5H-2: RESERVED:
(Ord. 2010-10, 5-24-2010)
10-5H-3: BUILDING HEIGHT:
10-5H-4: YARDS:
A. Rear Yard: There shall be a rear yard having a depth of not less than fifteen percent (15%) of the depth of the lot, provided such rear yard shall not be less than ten feet (10') in depth and need not exceed twenty five feet (25') in depth.
B. Side Yards: Each side yard on a lot shall have a width of not less than twenty percent (20%) of the total width of the lot, or ten feet (10'), whichever is less. (Ord. 94-2, 2-15-1994)
10-5H-5: LOT AREA AND WIDTH:
No building shall hereafter be erected on any lot having a total area of less than seven thousand five hundred (7,500) square feet, nor a width of less than fifty feet (50'). (Ord. 94-2, 2-15-1994)
10-5H-6: MULTIPLE-FAMILY DWELLINGS:
No multiple-family dwellings may be constructed in any building below the finished grade of the adjacent ground level. There shall not be more than one multiple-family dwelling for each two thousand (2,000) square feet of area on a lot. (Ord. 94-2, 2-15-1994)
10-5I-1: PURPOSE; APPLICATION OF PROVISIONS:
The intent of this article is to adopt regulations specifically designed to reflect and be consistent with the existing conditions on lots located within the fully developed residential subdivision commonly known as the sanctuary subdivision. The sanctuary subdivision was subdivided to the plats of subdivision for the sanctuary subdivision, units 1 and 2, which plats were recorded with the county recorder of deeds as document nos. 3537870 and 3671339 (the "plats of sanctuary subdivision"). The sanctuary subdivision was fully developed under this title. The sanctuary subdivision was annexed to the village in 1998 as a fully developed subdivision containing one hundred seventy seven (177) residential lots. The regulations in this article are intended to apply only to the lots contained in the sanctuary subdivision. The R-6 district is inappropriate for mapping, and shall not be mapped, in any other area of the village. (Ord. 2000-20, 12-11-2000)
10-5I-2: REGULATIONS AND PERMITTED USES GENERALLY:
A. Regulations Generally: The D residence district (R-6) regulations shall be identical with the estate residence district (E-1) regulations, with the exception of the provisions of this article.
B. Permitted Uses: No building or lot shall be used within the D residence district (R-6) for any purpose except those permitted and special uses identified in the zoning use table at section 10-13-3 of this title. (Ord. 2010-10, 5-24-2010)
10-5I-3: YARDS:
A. Rear Yard:
1. General Requirement: Except as may be provided in either subsection A2 or A3, or both, of this section, each rear yard on a lot shall have a depth of not less than twenty five feet (25').
2. Preexisting Lots: The minimum required rear yard for any lot existing as of December 11, 2000, shall be the rear yard designated for any such lot on the plats of sanctuary subdivision.
3. Decks: A deck may be located not closer than twenty feet (20') from the rear lot line, provided the deck does not encroach onto any utility easement or any conservancy area established pursuant to the plats of the sanctuary subdivision.
B. Side Yards: Each side yard on a lot shall have a depth of not less than five feet (5'); provided, however, that notwithstanding such limitation, the minimum required side yard for any lot existing as of December 11, 2000, shall be the side yard designated for any such lot on the plats of the sanctuary subdivision. (Ord. 2000-20, 12-11-2000; amd. Ord. 2002-04, 4-8-2002; 2009 Code)
10-5I-4: LOT WIDTH AND AREA:
The lot width and area of each lot shall be the lot width and area existing on any such lot as of December 11, 2000, and as designated on the plats of the sanctuary subdivision. (Ord. 2000-20, 12-11-2000; amd. 2009 Code)
10-5I-5: BUILDING HEIGHT:
No building shall be hereafter erected or altered to exceed the maximum height limitations set forth in sections 10-5-4 and 10-5-5 of this chapter. Notwithstanding such limitations, any principal building existing as of December 11, 2000, that exceeds the maximum height limitations set forth in said sections 10-5-4 and 10-5-5 shall not be deemed a nonconforming building pursuant to section 10-8-2 of this title, and the maximum height for any such building shall be the height of the building as of December 11, 2000. (Ord. 2000-20, 12-11-2000; amd. 2009 Code)
10-5I-6: FLOOR AREA RATIO:
The maximum floor area ratio for each lot shall be as set forth in section 10-5-6 of this chapter; provided, however, that any lot existing as of December 11, 2000, that exceeds the maximum floor area ratio required by said section 10-5-6 shall not be deemed nonconforming pursuant to section 10-8-2 of this title, and the maximum floor area ratio for any such lot shall be the floor area ratio of the lot as of December 11, 2000. (Ord. 2000-20, 12-11-2000; amd. 2009 Code)
10-5I-7: IMPERVIOUS SURFACE COVERAGE:
The maximum impervious surface coverage for each lot shall be as set forth in section 10-5-7 of this chapter for lots in the R-4 district; provided, however, that any lot existing as of December 11, 2000, that exceeds the maximum impervious surface coverage required by said section 10-5-7 shall not be deemed nonconforming pursuant to section 10-8-2 of this title, and the maximum impervious surface coverage for any such lot shall be the impervious surface coverage of the lot as of December 11, 2000. (Ord. 2000-20, 12-11-2000; amd. 2009 Code)
10-5I-8: BUILDING COVERAGE:
The maximum building coverage of all buildings and accessory structures for each lot shall be as set forth in section 10-5-8 of this chapter for lots in the R-4 district; provided, however, that any lot existing as of December 11, 2000, that exceeds the maximum building coverage required by said section 10-5-8 shall not be deemed nonconforming pursuant to section 10-8-2 of this title, and the maximum building coverage for any such lot shall be the building coverage on the lot as of December 11, 2000. (Ord. 2000-20, 12-11-2000; amd. 2009 Code)