This chapter shall be known, and be cited, as “The Lake Forest Zoning Code.”

(Prior Code, § 46-1) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   (A)   In the construction of this chapter, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise.

   (B)   In further amplification and for clarity of interpretation of the context, the following definitions of word usage shall apply.

      (1)   Rules.

         (a)   Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.

         (b)   The words “shall” and “must” are mandatory and not discretionary.

         (c)   The word “may” is permissive.

         (d)   The word “lot” shall include the words “piece,” “parcel” and “plot;” the word “building” includes all structures of every kind regardless of similarity to buildings; and the phrase “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” “occupied for” and “maintained for.”

         (e)   All “measured distances” shall be exact to the nearest one-tenth foot.

         (f)   Where any other requirement of this chapter results in a fraction of a unit, the lower whole number shall be considered a whole unit and any fraction shall be disregarded.

         (g)   The word CITY shall mean the City of Lake Forest.

      (2)   Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

         ACCESS AREA. That land area which is an extended portion of a lot-in-depth or an easement area used to provide ingress and egress to one or more lots in a lot-in-depth subdivision.

         ACCESSORY BUILDING OR USE. A building or use which:

            1.   Is located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this chapter. (See Appendix D.)

            2.   Is incidental to and subordinate in purpose to the principal building or use;

            3.   Is operated and maintained solely for the comfort, convenience, necessity or benefit of the occupants, employees, customers or visitors of or to the principal building or use; and

            4.   May, but need not, be limited to one or more of the following:

               a.   Garden house, private greenhouse or a children’s playhouse;

               b.   A garage, carport, shed or other storage building;

               c.   The storage of merchandise or material normally carried in stock on the same zoning lot with any business or service; and

               d.   Public utility facilities.

         ADDITIVE USES. Those uses identified in bold in § 159.116, the Use Matrix, that have been deemed to provide a desired use or to attract additional customers to the business districts.

         ALLEY. A public right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.

         AUTO LAUNDRY. A manned facility, enclosed in a building, for washing automobiles or other vehicles and utilizing such devices as a vehicle conveyor, blowers, steam cleaners, waxers or any other such mechanical devices.

         AUTOMOBILE SERVICE STATION. A building or portion thereof, or premises used for dispensing, or offering for sale at retail, any automotive fuels or oils; or where battery, tire and other similar services are rendered. AUTOMOBILE SERVICE STATIONS do not include open sales and rental lots, as defined herein, the rebuilding, reconstruction or repair of motor vehicles except such repair that can be accomplished in six working hours or less in accordance with the Chilton Flat Rate Manual, or the storage of motor vehicles, other than the temporary storage of vehicles customarily incidental to the performance at such service station of services authorized to be performed hereunder. Facilities, other than auto laundry facilities, as defined herein, for the washing of not more than two vehicles at any time are permitted if enclosed in a building.

         BASEMENT. The portion of a structure which may have part, but not more than one-half, of its height above grade.

         BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shore lines or waterways or municipal boundary lines.

         BLUFF AREA. Includes all property within or adjacent to a bluff beginning at the point of intersection of a line with the table land, said line extending from the toe of the slope upward at a vertical angle of 22 degrees. (See Appendix A.)

         BLUFF EDGE. The point on the lake side of the table land where the slope of the land first exceeds 10%. (See Appendix A.)

         BOARDING HOUSE. A building other than a hotel where, for compensation and by prearrangement, lodging and meals are provided for at least three, but not more than 12 persons who are not members of the principal family which occupies the building as a dwelling.

         BORROW PIT. An excavation of rock, stone, sand, soil or other mineral as it is found in its natural state as part of the earth for the purpose of disposition away from the immediate premises and which shall be in excess of two feet in depth, or at least ten cubic yards in volume, that would be removed from one zoning lot in one year, not included are excavations for buildings, structures, highways, streets, private roads, driveways, underground utilities, drainage improvements or floodplain requirements which are authorized and controlled by other sections of the chapter, or other ordinances of the city.

         BUILDING. Any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

         BUILDING AREA. The horizontal area of a building including all projections from the building.

         BUILDING BULK. The term used to indicate the size and setbacks of buildings or structures and the location of a building or structure with respect to another building or structure, and includes the following:

            1.   Size and height of building;

            2.   Location of exterior walls at all levels in relation to lot lines, streets and other buildings or structures;

            3.   Gross floor area of buildings or structures in relation to lot area;

            4.   All open spaces allocated to buildings; and

            5.   Amount of lot area provided per dwelling unit.

         BUILDING, DETACHED. A building surrounded by open space on the same zoning lot as the principal building but separated from the principal building by not less than ten feet.

         BUILDING HEIGHT. The vertical distance from existing grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof; or to the top of gable, hip and gambrel roofs or to the top of any structure of substance thereupon, excluding required chimneys.

         CAPACITY IN PERSONS OF AN ESTABLISHMENT OR USE. The maximum number of persons that can avail themselves of the services (or goods) of such establishment, at any one time, with reasonable safety and comfort, as determined in the Fire Prevention Code of the city.

         CLINIC, MEDICAL OR DENTAL. An organization of physicians or dentists licensed by the state who have their offices in a common building. A CLINIC shall not include in-patient care.

         CLUBS, PRIVATE. Buildings and facilities, owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, of which no part of the income is distributed directly or indirectly to its members, owners, directors or officers.

         CRAFT GROWER. As defined in § 1-10 of the Cannabis Regulation and Tax Act (410 ILCS 705/1-10), as amended.

         DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, construction of or substantial improvements to, buildings or other structures, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations.

         DISPENSING ORGANIZATION OR DISPENSARY. As defined in § 1-10 of the Cannabis Regulation and Tax Act (410 ILCS 705/1-10), as amended.

         DRIVEWAY. An open space or a private thoroughfare, other than a street or alley, providing vehicular access to one zoning lot.

         DWELLING. A building, or portion thereof, designed or used as living quarters including single-family dwellings, two-family dwellings and multiple-family dwellings, but not including hotels or motels or rooming and boarding houses.

         DWELLING, ATTACHED. One which is joined to another dwelling at one or more sides by a party wall or walls or roof.

         DWELLING, DETACHED. One which is entirely surrounded by open space on the same tot.

         DWELLING, MULTIPLE-FAMILY. A building, or portion thereof, containing three or more dwelling units.

         DWELLING, SINGLE-FAMILY. A building containing one dwelling unit only.

         DWELLING, TWO-FAMILY. A building containing two dwelling units only.

         DWELLING UNIT. Consists of one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall be included for each DWELLING UNIT.

         EFFICIENCY UNIT. A dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room.

         ESTABLISHMENT, BUSINESS. A place of business the ownership, proprietorship or management of which are separate and distinct from those of any other place of business.

         FAMILY. Two or more persons related to each other by blood, marriage or legal adoption, living together as a single housekeeping unit; or a group of not more than three persons unrelated to each other by blood, marriage or legal adoption, living together as a single housekeeping unit exclusive of the usual domestic servants.

         FARM. An area which is used for growing farm products such as vegetables, fruit, trees and grain, and their storage on the area. The term FARMING includes the operating of such an area for one or more of the above uses, including the necessary accessory uses for treating or storing the produce, provided however, that the operation of any such accessory uses shall be secondary to that of the normal fanning activities. The area may also be used for the raising of farm poultry and farm animals, but such use shall not include the slaughtering or processing of poultry or animals except for consumption by the person or persons owning or operating the farm, and provided further that farming does not include the feeding of garbage or offal to swine or other animals.

         FARMERS’ MARKET. An annual, seasonal, outdoor event of which vendors offer locally grown produce and/or locally produced products to residents and visitors.

         FENCE HEIGHT. The height measured from average ground level to top of fence; average around level being the mean elevation measured two feet on each side of the fence alignment.

         FLOOR AREA. For the purpose of determining off-street parking and loading requirements, shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the walls, including accessory storage areas located within selling or working space, such as counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, FLOOR AREA for the purpose of determining off-street parking and loading requirements shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); FLOOR AREA devoted to utility purposes, stairwells or elevator shafts; FLOOR AREA devoted to off-street parking and loading facilities, including aisles, ramps and maneuvering space; or BASEMENT FLOOR AREA other than that area devoted to retailing activities, to production or processing of goods, or to business or professional offices.

         FLOOR AREA, GROSS.

            1.   The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings.

            2.   The GROSS FLOOR AREA of a building shall include elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom of seven feet ten inches or more, interior balconies and mezzanines, enclosed porches and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in GROSS FLOOR AREA.

            3.   The GROSS FLOOR AREA of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be determined on the basis of height in feet; i.e., ten feet in height shall equal one floor.

         FLOOR AREA RATIO. An intensity measured as a ratio derived by dividing the gross floor area of a building or structure by the area of the zoning lot on which it is located.

         FRONT LOT. In a lot-in-depth subdivision, is a lot which fronts on a public street and could be developed and provided access without the use of an access area.

         FRONTAGE. All the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

         GARAGE, REPAIR. A building or portion thereof, other than a private garage, designed or used for equipping, servicing or storing motor driven vehicle including doing general repair and body work.

         GARAGE AND/OR HOUSE SALES. The sale of residential household or similar items on residential premises. This definition shall include such sales as yard sales, attic sales, lawn sales, auctions and similar type sales. It shall not be permitted for any merchandise to be sold that has been purchased or brought onto the property by the resident for the purpose of sale or resale.

         GRADE, EXISTING. Established by either:

            1.   The building pad elevation, as shown on a subdivision grading plan as approved by the City Engineer; or

            2.   Where such plans do not exist, existing grade shall be the average elevation of the ground surface, in its natural state, measured at the corners of the proposed structure. For structures in excess of 100 feet in length, additional measurements at 100-foot intervals, measured from the lower corner to the higher corner, shall also be included in establishing the average. This comparison must be reviewed and approved by the City Engineer.

         GROUND FLOOR AREA. The area contained within the outer plane of the enclosing walls of a building at grade, exclusive of garages, carports, unenclosed porches and unenclosed breezeways.

         GUEST OR SERVANT HOUSE. A detached accessory building located on the same zoning lot as the principal building and containing living quarters for temporary guests or servants.

         GUEST, PERMANENT. A person who occupies, or has the right to occupy, a hotel accommodation, boarding house or lodging house as his or her domicile and place of permanent residence.

         GUEST, TEMPORARY. A person who occupies, or has the right to occupy, a hotel or motel accommodation, boarding house, lodging house or guest house as a transient and not as his or her domicile or place of permanent residence.

         HOME OCCUPATION. Any work conducted in a home resulting in the sale of goods or services, or resulting in the taking of orders for such goods and services, either in or out of the home. All such home occupations shall conform to the standards set forth in § 159.080(B)(3). The standards for HOME OCCUPATIONS are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood, and to clearly establish such home occupations as secondary and incidental in relation to the residential use of the property.

         HOTEL. A building in which lodging, or boarding and lodging, is provided and offered to the public and in which access to all rooms is normally made through a supervised inside lobby or office. As such, it is open to the public in contradistinction to a boarding house, a lodging house or multiple-family dwelling and motel which are herein separately defined.

         INCOMPATIBLE USE. A use or service which is unsuitable for direct association or contiguity with certain other uses because it is contradictory, incongruous or discordant.

         INFUSER ORGANIZATION OR INFUSER. As defined in § 1-10 of the Cannabis Regulation and Tax Act (410 ILCS 705/1-10), as amended.

         LAKE, ARTIFICIAL. A human-made basin other than a swimming pool, designed or intended to permanently contain water, which shall have a depth of not less than two feet or a minimum area of 250 square feet at the low water stage.

         LIMITED ACCESS HIGHWAY. A trafficway, including toll roads, for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such trafficway.

         LOADING BERTH, OFF-STREET. A space on privately owned property adequate for parking, loading and unloading service vehicles and trucks together with properly related access to a public street or alley. Required off-street loading space for three or more vehicles shall have individual spaces marked and shall be designed, maintained and regulated so that no maneuvering incidental to parking, loading or unloading shall be on or across any public way or right-of-way.

         LOT. A parcel of land which is either a “lot of record” or a “zoning lot.” (See Appendix A.)

         LOT AREA. The area of a horizontal plane bounded by the front, side and rear lot lines.

         LOT AREA, MINIMUM. The area of a lot in any zoning district, exclusive of the area of any street, road, private road or access area or access easement on or across such lot.

         LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees. (See Appendix A.)

         LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries. (See Appendix B.)

         LOT DEPTH, MINIMUM. Is equal to the minimum lot width as required by the applicable zoning district but in no case shall said depth be less than 125 feet.

         LOT-IN-DEPTH. A lot in which the width of the access area for ingress and egress is less than the minimum lot width required for a lot in the zoning district in which the property is located.

         LOT-IN-DEPTH SUBDIVISION. Any division of land which contains a lot-in-depth.

         LOT, INTERIOR. A lot other than a corner or reversed corner lot. (See Appendix A.)

         LOT LINE, FRONT. The boundary of a lot which abuts a public street, or where no public street exists, abuts a private road.

         LOT LINE, REAR. That boundary of a lot which is most distant from and is or is most nearly, parallel to the front lot line.

         LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.

         LOT OF RECORD. A lot which is part of a duly recorded plat of subdivision; or a parcel of land which has been conveyed by the identical description by a deed of record recorded prior to November 5, 1923; or a parcel of land conveyed by a deed of record, if on the date of the recording of said deed all the requirements of the subdivision and zoning ordinance then in effect were met.

         LOT, REVERSED CORNER. A corner lot the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear. (See Appendix A.)

         LOT, THROUGH. A lot having a pair of opposite lot lines along two or more or less parallel public streets, and which is not a corner lot. On a THROUGH LOT both street lines shall be deemed front lot lines. (See Appendix A.)

         LOT WIDTH, MINIMUM. The horizontal distance between the side lot lines of a lot, measured at the front setback line, and said lot width minimum shall continue for a minimum depth of 45 feet.

         LOT, ZONING. A single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a ZONING LOT OR LOTS may or may not coincide with a lot of record. Every ZONING LOT must have access to a public street either by having frontage on a public street or by private road, as defined herein.

         MEMORIAL GARDEN. A landscaped area, located on the grounds of a church, that is used for the burial of cremated remains.

         MEZZANINE. An intermediate story between the floor and ceiling of a main story and extending over not more than 25% of the main floor.

         MOTEL. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed primarily for use by tourists. A MOTEL furnishes customary hotel services.

         MOTOR VEHICLES. A passenger vehicle, motor scooter, motorcycle, truck, truck-trailer, trailer or semi-trailer propelled or drawn by mechanical or electrical power.

         NONCONFORMING BUILDING OR STRUCTURE. Any building or structure which does not comply with all of the regulations of this chapter or of any amendment hereto for the zoning district in which such building or structure is located.

         NONCONFORMING USE. Any use of land, buildings or structures, lawful at the time of the enactment of this chapter which does not comply with all of the regulations of this chapter or of any amendment hereto governing use for the zoning district in which such use is located.

         ON-PREMISES CANNABIS CONSUMPTION ESTABLISHMENT. A cannabis business establishment or other entity authorized or permitted to allow the on-premises or on-site consumption of cannabis in any form at or in a cannabis business establishment.

         PARKING, OFF-STREET. Space adequate for parking standard passenger vehicles together with properly related access to a public street or alley.

         PARKING AREA, CUSTOMERS. Off-street parking designed and arranged to an approved standard established by the City Surveyor and Engineer that provides parking for all standard passenger vehicles with a minimum of maneuvering and made available as an accommodation to occupants and patrons of the property.

         PARKING AREA, EMPLOYEE. Off-street parking designed to minimum dimensions including arrangements of parking spaces which are accessible only through other spaces and made available only for parking of vehicles of the owner or employees associated with office or business use.

         PAVEMENT. The hard surface area used to provide access to one or more lots. Said hard surface may consist of stone if the pavement is used to serve a single residence or a bituminous or concrete surface if the pavement is used to serve more than one lot.

         PLANNED DEVELOPMENT. A tract of land which contains or will contain two or more principal buildings, developed under single ownership or control; the development of which may be of a substantially different character than that of surrounding areas. A PLANNED DEVELOPMENT allows for flexibility not available under normal zoning district requirements.

         PRINCIPAL BUILDING OR USE. The main building or use of land or building as distinguished from an accessory building or use.

         PRIVATE ROAD. A private thoroughfare other than a street or alley permanently reserved in order to provide a means of access to more than one zoning lot.

         PROCESSING ORGANIZATION OR PROCESSOR. As defined in § 1-10 of the Cannabis Regulation and Tax Act (410 ILCS 705/1-10), as amended.

         PUBLIC WAY. Any sidewalk, street, alley, highway or other public thoroughfare.

         RAVINE AREA. Includes all property within or adjacent to a ravine beginning at the point of intersection of a line with the table land, said line extending from the toe of the slope upward at a vertical angle of 22 degrees.

         RAVINE EDGE. The point on the ravine side of the table land where the slope of the land first exceeds 10%.

         RESERVOIR PARKING FACILITIES. Those off-street parking spaces allocated to automobiles awaiting entrance to a particular establishment.

         RESIDENTIAL BOUTIQUES AND HANDMADE CRAFT SALES. A form of home occupation, as defined herein, and shall be defined as any retail sale of goods, whether hand crafted in the residence of commercially produced, or any demonstration of available goods and services for the purpose of taking orders that are conducted in a residence and advertised to and held for the benefit of attracting the general public to the premises for the sale.

         RESTAURANT.

            1.   Any building or part thereof, other than a boarding house, where food ready for consumption is sold at retail to the public.

            2.   This shall include:

               a.   DRIVE-IN ESTABLISHMENTS. Operated for the sale, dispensing or serving of food, frozen desserts or beverages, as defined in the definition for restaurant above.

               b.   FAST FOOD RESTAURANT. Any restaurant which does not meet the criteria for a STANDARD RESTAURANT or DRIVE-IN ESTABLISHMENT as herein defined, provided, however, that the foregoing definition shall not apply to the operation of a retail food store which incidentally prepares individual food orders such as sandwiches, meats, cheeses, salads or similar items.

               c.   STANDARD RESTAURANT.

                  i.   Any establishment where food, frozen desserts or beverages are available in a ready to consume state and where customers are normally provided with an individual menu, are served their food or beverages from a kitchen fully equipped for the preparation of complete meals by a restaurant employee at the same table or counter at which said items are consumed, and typically the food, frozen dessert or beverage are served with reusable dishes and utensils. The fact that a STANDARD RESTAURANT shall incidentally prepare food for off premises consumption in disposable containers shall not prevent it from being classified as a standard restaurant.

                  ii.   A STANDARD RESTAURANT shall include a cafeteria type operation where food or beverage served with reusable dishes and utensils is generally consumed on the premises.

         SETBACK LINE, BUILDING. The minimum horizontal distance between the front line of a building or structure and the street right-of-way line. In cases of pie-shaped lots where street frontage is less than the required lot width minimum, the front yard setback line shall be at the point where the lot width conforms to the minimum required.

         SENIOR COTTAGE. Any dwelling unit authorized as part of a senior cottage development.

         SENIOR COTTAGE DEVELOPMENT. Any development of senior cottages pursuant to the standards found in § 159.045(L)(14).

         STABLE. A structure for housing a horse or horses.

         STORY. The portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above. A HALF STORY is a space under a sloping roof which has the line of intersection of roof decking and wall facing not more than three feet above the top floor level, and in which space not more than 60% of the floor area is finished for use.

         STREET. Public land improved or unimproved, which affords a primary means of access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, right-of-way or other wise, but does not include private roads and driveways to buildings.

         STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground, or which is attached to something having a permanent location on the ground.

         STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building.

         SWIMMING POOL, PRIVATE RESIDENTIAL. Any swimming or wading pool of over two feet in depth or with a surface area exceeding 250 square feet located on private residential property including portable or temporary type pools installed entirely above ground elevation.

         TABLE LAND. Land where the slope in any direction does not exceed 10%.

         TOE OF SLOPE. The toe of the ravine or bluff slope is that point in the ravine or bluff where the slope is less than 22 degrees or where the slope reverses direction. On compound slopes where there may be more than one possible toe location, the controlling point shall be whichever toe location provides the greater ravine or bluff area.

         TRANSPORTING ORGANIZATION OR TRANSPORTER. As defined in § 1-10 of the Cannabis Regulation and Tax Act (410 ILCS 705/1-10), as amended.

         USE, PERMITTED. A use which conforms with all requirements, regulations and standards of a particular district.

         USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use. A PRINCIPAL USE may be permitted or special.

         USE, SPECIAL. A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts.

         YARD. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portions of a structure from the ground upward, except as otherwise permitted in §§ 159.040 through 159.052. In measuring a YARD for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used. A YARD extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which the zoning lot is located. (See Appendix C.)

         YARD, FRONT. The area extending across the full width of the lot and lying between the front lot line and a line parallel thereto, and having a distance between them equal to the required front yard depth as prescribed for each zoning district. FRONT YARDS shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. On corner lots, the FRONT YARD shall be considered to be the yard which abuts on the narrowest street frontage of the lot. When a lot lies partially within a planned street or way indicated on the official map, as set forth in the Comprehensive Plan, and where such planned street or way is of the type that will afford legal access to such lot, the depth of the front yard shall be measured from the contiguous edge of such planned street or way in the manner prescribed in this definition.

         YARD, REAR. The area extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On all lots, the REAR YARD shall be in the rear of the yard. (See Appendix C.)

         YARD, SIDE. The area between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereto. (See Appendix C.)

         YARD, TRANSITIONAL. The yard which must be provided on a zoning lot in a B-1 or B-2 District when adjacent to a R or GR District. (See Appendix C.)

(Prior Code, § 46-2) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 92-14, passed 4-16-1992; Ord. 92-35, passed 7-7-1992; Ord. 92-58, passed 11-2-1992; Ord. 01-17, passed 6-21-2001; Ord. 03-39, passed 6-19-2003; Ord. 2013-20, passed 5-6-2013; Ord. 2019-45, passed 10-7-2019)

   (A)   In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the preservation of the present character of the city and the public improvements therein, for the conservation of the taxable value of land and buildings throughout the city, for the lessening or avoidance of congestion in the public streets, for securing the adequate light, pure air and safety from fire, flood and other dangers and for the promotion of the public health, safety, comfort, morals and welfare of the citizens of the city.

   (B)   Where the conditions imposed by any provision of this chapter, upon the use of land or buildings or upon the bulk of buildings, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, order, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

   (C)   This chapter is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this chapter shall govern.

   (D)   No building, structure or use which did not lawfully exist at the time of the adoption of this chapter or any amendment hereto shall become or be made lawful solely by reason of the adoption of this chapter and to the extent that, and in any manner that, such unlawful building, structure or use is in conflict with the requirements of this chapter, such building, structure or use remains unlawful hereunder.

   (E)   Unlisted uses are prohibited by this chapter. The listing of a use as "prohibited" or "not permitted" in this chapter shall not be construed to permitted unlisted uses by inference.

(Prior Code, § 46-3) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 2019-45, passed 10-7-2019)

   It is hereby declared to be the intention of the city, that the several provisions of this chapter are separable, in accordance with the following:

   (A)   If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in such judgment; and

   (B)   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, such judgment shall not affect the application of such provision to any other property, building or structure not specifically included in such judgment.

(Prior Code, § 46-4) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   (A)   All buildings erected hereafter, all uses of land or buildings established hereafter, and any structural alteration or relocation of existing buildings occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.

   (B)   However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter or any amendment hereto, and provided that construction is begun within 90 days of such effective date and diligently prosecuted to completion, such building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of occupancy (see § 159.050) by the use for which originally designated, subject thereafter to the provisions of §§ 159.025 through 159.027.

   (C)   Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this chapter except that side yards shall not be required on lots used for garden purposes without buildings or structures, nor on lots used for public recreation areas without structures.

   (D)   No land which is located in a residence district shall be used for driveway, walkway or access purposes to any land which is located in an office or business district.

(Prior Code, § 46-5) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   Except in the ROS, RE and OR-2 Districts or as otherwise permitted by a special use, not more than one principal detached building or structure shall be located on a zoning lot.

(Prior Code, § 46-6) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   Subsequent to the effective date of this chapter (January 15, 1972), no dwelling shall be erected except upon a lot or parcel of land in accordance with the lot size requirements of the district within which it is located, provided, however, that in single-family residence or general residence districts a lot or parcel may be used to build a single-family residence if it is a lot of record regardless of the lot or parcel dimensions or lot area and provided further that all then current yard requirements of the applicable zoning district are met.

(Prior Code, § 46-7) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   (A)   Purpose. The regulations contained in this section have been created to minimize any adverse impact that subdivisions containing lots-in-depth may have on surrounding properties and existing developments.

   (B)   Applicability. The regulations contained in this section are applicable only to lot-in-depth subdivisions approved after May 7, 1979, except for the provisions of division (D) below which shall apply to all lots-of-record unless otherwise designated on the plat of subdivision.

   (C)   In order to provide setbacks as required in division (D)(2) below and still retain a comparable building area as typically exists in standard subdivisions, the following minimum lot area and widths shall be required.

 

 

   (D)   Yard requirements.

      (1)   For a lot-in-depth, the minimum front yard setbacks for the zoning district in which the property is located shall be required from all property lines and from the edge of any contiguous access area abutting the lot as measured from the easement line of said access area.

      (2)   For a front lot within a lot-in-depth subdivision the setbacks shall be as required in the applicable zoning district except that the yard adjacent to the contiguous access area shall also meet the required front yard setback of the applicable zoning district as measured from the easement line of said access area.

   (E)   Access to lot-in-depth subdivisions.

      (1)   No more than three lots-in-depth or five total lots may be served by a new private road created by a subdivision approved after May 7, 1979. Approval of the further subdivision of an existing lot-in-depth where the number of lots exceeds the limits established above may be granted under unusual circumstances if it is determined that approval of such subdivision is consistent with the purpose of this section.

      (2)   In subdivisions containing more than five lots, no lot-in-depth shall be allowed, except as provided in division (E)(1) above, and no oversized lots shall be allowed wherein the lot thus created could only be further subdivided under this section.

      (3)   The access area shall be part of the lot-in-depth, but said access area shall not be counted as part of the area necessary to satisfy the minimum lot area requirements.

      (4)   Any portion of a driveway which is used to provide access for more than one lot shall be built in conformance with the standards set forth in the City Engineering and Construction Standards Manual.

      (5)   In a subdivision containing more than one lot-in-depth:

         (a)   A named private road within the subdivision shall be used for ingress and egress. Such road shall be built in conformance with the standards set forth in the City Engineering and Construction Standards Manual;

         (b)   All lots in a lot-in-depth subdivision shall be provided with all necessary easement rights;

         (c)   All lots-in-depth shall be served from the public street by a single private road; and

         (d)   Two adjacent lot-in-depth subdivisions, each of which consists of one front lot and one lot-in-depth, may share a single private roadway located in either subdivision or partly on both.

      (6)   A front lot within a lot-in-depth subdivision shall gain access to the public street from the contiguous private road; provided, however, that upon recommendation of the Plan Commission, the City Council may waive such requirement if it finds that because of the topography of the area, existing development of the property or other unique circumstances such requirement would result in a hardship and waiver of the requirement would not produce adverse effects on adjacent properties, neighborhood or the city. If a waiver is granted and individual access is provided to a lot-in-depth, said access may comply with private driveway standards.

      (7)   (a)   The pavement of a private road or driveway shall be located so as to have minimal impact on adjacent properties and existing vegetation. To provide for the access area necessary to allow for the installation of the required public improvements and pavement and to achieve the desired pavement location, the minimum width of the access area for a new private road or driveway shall be as follows:

 

 

         (b)   Further subdivision of an existing lot in a lot-in-depth subdivision where the access area widths do not comply with the widths required above may be granted if it is determined that approval of such subdivision is consistent with the purpose of this section and that sufficient improvements can be made to adequately serve the lots created and protect adjacent property from adverse effects.

      (8)   No buildings or structures except fences, walls and other similar landscaping materials shall be placed or constructed within the boundary lines of the access area.

   (F)   Landscape screening.

      (1)   Landscaping, or other suitable screening, shall be required so as to minimize the visual impact on the surrounding properties and the property being subdivided.

      (2)   Existing natural vegetation may be used either totally or in part to fulfill the above landscape requirements.

      (3)   A landscape plan showing existing and planned vegetation and screening, the exact location of the roadway and/or driveway, topography to two-foot intervals, and all nearby improvements on subject and adjoining properties shall be required. Detailed specifications for landscape plan shall be determined by, and the resulting plan submitted to, the Director of Parks, Forestry and Public Works and approved by the Plan Commission.

(Prior Code, § 46-8) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   (A)   Time of construction. No accessory building or structure constructed on any lot prior to the time of construction of the principal building to which it is accessory shall be used for living purposes.

   (B)   Percentage of required yard occupied. No detached accessory building or buildings or structures permitted by this section shall occupy more than 40% of the area of a required yard in a residence or general residence district.

   (C)   Height. No detached accessory building or structure shall exceed the height of 25 feet in a residence or general residence district.

   (D)   On corner lots.

      (1)   On a reversed corner lot in a residence or general residence district, and within 15 feet of any adjacent property to the rear in a residence or general residence district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to the required corner side yard of the principal building. Further, in the above instance, no such accessory buildings shall be located within five feet of any part of a rear lot line which coincides with the side lot line or portion thereof of property in any residence or general residence district.

      (2)   No accessory building shall be erected in or encroach upon the required side yard of a corner lot which is adjacent to the street, nor upon the required side yard of a reversed corner lot which is adjacent to the street.

   (E)   Distance from principal building or structure. An accessory building or structure located closer than ten feet to the principal building or structure shall be considered to be part of such principal building or structure and shall comply with the yard and construction requirements for such principal building or structure.

   (F)   In the R-1 and R-2 Districts. Detached accessory buildings shall not be constructed between the front lot line and the front of the principal building on the lot.

(Prior Code, § 46-9) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   (A)   Continued conformity with bulk regulations. The maintenance of yards and other open space and minimum lot area required for a building shall be a continuing obligation of the owner of such building as long as the building is in existence.

   (B)   Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all improved zoning lots resulting from each such division or sale shall conform with all the applicable bulk regulations of the zoning district in which the property is located, the provisions of Chapter 156 and § 150.148 of this city code.

   (C)   Required yards; existing buildings. No yards, now or hereafter provided for a building existing on the effective date of this chapter, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter for equivalent new construction.

   (D)   Permitted structures in required yards. The following structures shall be permitted in the required yard of all lots:

      (1)   In all yards.

         (a)   Open patios or terraces not over eight inches above the average level of the adjoining ground;

         (b)   Open steps and platforms which are necessary for access to a permitted building;

         (c)   Window unit air conditioners projecting not more than 18 inches into the required yard; and

         (d)   Fences, walls and plantings subject to the limitations contained in this section.

      (2)   In front yards. Eaves and gutters projecting not more than 18 inches into the required yard.

      (3)   In rear yards.

         (a)   Open off-street parking spaces;

         (b)   Fallout shelters;

         (c)   Outside elements of air conditioning systems located within the setback requirements of accessory buildings;

         (d)   Eaves and gutters projecting 18 inches or less into the yard;

         (e)   Swimming pools and appurtenances thereto, tennis courts and dog runs, provided such uses are not located within 20 feet of any property line; and

         (f)   Swimming pool cabanas may be located within the setback requirements for accessory buildings for the zoning district.

   (E)   Fence, wall and planting location and height limitations.

      (1)   General limitations.

         (a)   No fence or wall erected after July 6, 1981, and located in any required yard shall exceed seven feet in height, except in cases of variations in topography. The Director of Community Development may modify such height limitation so as to permit a uniform fence top height throughout the length of the fence. Gates and gateposts exceeding this height limit and transitional fencing on either side of the gateposts necessary to make the transition to the higher gatepost may be approved by the Director of Community Development in those instances when the architecture of structure of the gate and/or gateposts, in conjunction with the primary residence structure on the property, necessitates more than seven feet of height.

         (b)   All fences or walls erected in any required yard after May 16, 1996 shall have their finished side facing the street or the abutting property, as applicable. However the Director of Community Development may approve exceptions to this requirement when compelling evidence is presented showing that the intent of this requirement would still be served if the exception is granted. Such exceptions shall in no case be granted without prior written consent from the effected neighbor, and the Chairperson of the Zoning Board of Appeals.

      (2)   Along major arterials. Fences or walls may be erected along major arterial streets, as indicated below, in conjunction with earthen mounds or berms (unless specifically prohibited by the city through subdivision or special use permit approval process) so as to create a sight and/or sound barrier between such major arterial streets and the adjoining residential properties:

         (a)   Skokie Highway (U.S. Route 41);

         (b)   Waukegan Road (Illinois Route 43);

         (c)   Kennedy Road (Illinois Route 60);

         (d)   Tollway (Toll Highway 94); and

         (e)   McKinley Road, from Westleigh Road to south city limits.

      (3)   In any yard required by the Zoning Code, unless otherwise provided herein.

         (a)   Fences and walls up to four feet in height need not be set back from property lines.

         (b)   Fences and walls up to seven feet in height may be located on any rear property line and interior side property line to a point within three feet of the front property line and need not be set back from said rear or interior side property line.

         (c)   Fences or walls from four to seven feet in height may be located in any front yard or corner side yard provided such fences or walls are set back at least three feet from the right-of-way. (Fences less than for four feet in height may be located on the front property line.) The Director of Community Development may approve replacement fences or walls from four to seven feet in height to be located less than the required three feet from the front property line setback, should the location of the replacement fence or wall at three feet from the front property line require the removal or destruction of significant mature landscaping or interfere with a pre-established line of fences or walls in the subject property’s immediate area. For new or replacement fences or walls, landscape planting is to be placed between the fence or wall and said street right-of-way. At the end of two growing seasons, the planting shall consist of landscape material that will provide a consistent year-round coverage of at least 30% of the fence or wall area. A cash bond in an amount as set by Council per lineal foot of fence to be landscaped shall be posted with the Building Department. Said bond shall be returned when the Director of Community Development finds that the landscaping requirements of this division (E)(3) have been met.

      (4)   Sight and view restrictions.

         (a)   At all street intersections, no fence, wall or planting exceeding three and one-half feet in height above the established street roadway grade shall be erected or maintained after July 6, 1981, within the triangle formed by the intersecting street right-of-way lines and a line joining the points a distance of 25 feet from the point of street intersection.

         (b)   Gates or gaps in fences or walls located in front or corner side yards which are used for driveway access must be set back a minimum of 20 feet from the street edge-of-pavement, and fences or walls connecting to the gate or gap shall be set back or angled for sufficient distance to provide safe sight for vehicles emerging to the street from the driveway.

         (c)   Fences or walls located in proximity to principal structures on adjacent lots shall be set back from said structures a distance equal to the height of the fence.

      (5)   Ravines and bluffs.

         (a)   Prohibition. Fences are not permitted on slopes beyond ravine or bluff edges as defined in § 159.002.

         (b)   Variance criteria. The Zoning Board of Appeals may consider requests for variances from the requirements of this section to allow fences on slopes beyond ravine or bluff edges. In consideration of such variances, the Zoning Board of Appeals, in addition to the standards for variances in § 159.042(F)(4), shall require evidence demonstrating the following:

            1.   The slope of the ravine or bluff area to be impacted by the proposed fence is stable as demonstrated by a slope stability analysis and report prepared by a licensed engineer;

            2.   Neither the construction of the fence, nor the ongoing maintenance of the fence will negatively impact the stability of the slope or existing vegetation or trees. This does not include trees or vegetation that may otherwise be approved for removal consistent with the code;

            3.   The proposed location of the fence does not impede overland drainage routes;

            4.   The proposed location does not require the removal or negatively impact any heritage trees; and

            5.   The fence is black or dark green open chain link or a similar minimally sight obscuring material approved by the city which preserves the overall natural appearance of the ravine or bluff.

         (c)   Fences located on slopes beyond ravine or bluff edges at the time of adoption of this provision. Fences located on slopes beyond ravine or bluff edges at the time of adoption of this provision may remain for a period not to exceed 25 years from the date of adoption of this provision, until May 20, 2038 (the “amortization period”); provided, however, that such fences may only be allowed to remain during the amortization period under the following conditions:

            1.   The fence creates no material impairment to natural drainage, public safety or the stability of neighboring property; and

            2.   The fence is maintained in good repair and in an upright position, but repairs shall not include or permit excavation or the setting of new posts on the slope of the ravine or bluff.

   (F)   Height exceptions. The height limitations of this chapter shall not apply to:

      (1)   Church spires and belfries;

      (2)   Water towers, fire towers, chimneys and flag poles;

      (3)   Cooling towers, elevator bulkheads and elements of air conditioning systems, which do not exceed the height limitation by more than four feet; and

      (4)   Radio and television antennas or aerials, noncommercial.

   (G)   Area regulations. In any district, no building, used or designed for use as a dwelling, and its accessory buildings, shall occupy in excess of 30% of the lot.

(Prior Code, § 46-10) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 94-10, passed 4-21-1994; Ord. 96-15, passed 4-1-1996; Ord. 96-18, passed 5-16-1996; Ord. 2013-27, passed 5-20-2013)

   (A)   Existing railroads and utilities may continue to be operated and maintained in any district, but no new railroad or utility structure other than the usual poles, wires and underground utilities shall be established in any district except when so authorized by the City Council by special use permit.

   (B)   Field offices, construction and storage buildings, see § 154.15 of this city code.

(Prior Code, § 46-11) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 92-35, passed 7-7-1992)

   Irrespective of any less restrictive requirements contained elsewhere in this chapter, no permit shall be issued for the construction, relocation, enlargement or extension of any building, or concrete or masonry wall within the following distances from certain highways or streets within the city:

   (A)   Within 70 feet of the established centerline of the right-of-way of that portion of Waukegan Road (Illinois State Highway Route 43) that is located within the corporate limits of the city;

   (B)   Within 30 feet of the westerly line of the existing right-of-way of that portion of Skokie Highway extending from Buena Road northerly to Old Elm Road;

   (C)   Within 53 feet of the established centerline of the right-of-way of Everett Road, Telegraph Road, Conway Road, Old Elm Road and Buena Road;

   (D)   Within 24 feet and six inches of the established centerline of Bank Lane between the southerly line of Illinois Road and the northerly line of Vine Avenue; and

   (E)   Within 28 feet and six inches of the established centerline of Forest Avenue between the southerly line of Westminster and the northerly line of Deerpath.

(Prior Code, § 46-12) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   (A)   Where a use is classified as special use under this chapter and existed as a permitted, special or lawful nonconforming use of the date of the adoption of this chapter (January 15, 1972), it shall be considered a lawful special use subject to the following:

      (1)   A special use authorized by ordinance of the City Council prior to the adoption of this chapter (January 15, 1972) may continue to exist subject to the provisions of such ordinance and may be expanded or extended only as provided therein, or in accordance with § 159.045; and

      (2)   A use formerly considered a permitted or lawful nonconforming use and made a special use by the adoption of this chapter (January 15, 1972) may continue in existence after the date of adoption of this chapter but may not be expanded without first obtaining a special use permit for any proposed expansion in accordance with § 159.045.

   (B)   Where a use is not allowed as a special or permitted use under this chapter or any amendments hereto, and exists as a special use at the date of the adoption of this chapter, it shall be considered to be a nonconforming use and shall be subject to the applicable nonconforming use provisions of §§ 159.025 through 159.027.

(Prior Code, § 46-13) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   See § 152.30 of the city code.

(Prior Code, § 46-14) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 92-35, passed 7-7-1992)

   (A)   Purpose. The provisions contained herein are adopted to protect public and private property from damage or destruction resulting from the natural erosion processes occurring within the ravines and bluffs along the shore of Lake Michigan, or abnormal or accelerated ravine and bluff erosion resulting from land development and construction activities occurring on adjacent or nearby properties, and to protect the fragile ravine and bluff ecosystem from unwarranted damage or destruction caused by land development and construction activities.

   (B)   Applicability. The provisions contained herein shall apply to all land development construction activities on all properties abutting ravines and bluffs as delineated by hashed lines on Appendix F.

   (C)   Requirements and restrictions.

      (1)   Building setbacks.

         (a)   From ravines. All building construction shall be on table land, but in no case shall any structure or building foundation be located closer than 20 feet to the ravine area.

         (b)   From bluffs. All building construction shall be on table land, but in no case shall any structure or building foundation be located closer than 75 feet to the bluff area.

      (2)   Construction activity.

         (a)   Adjacent to ravines. All construction activity; i.e., grading, excavating, filling, terracing, tree removal, stockpiling of excavated material, is prohibited within 20 feet of the ravine area, except as may be necessary to provide site drainage improvements, as may be approved and/or required by the City Engineer.

         (b)   Adjacent to bluffs. All construction activity, i.e., grading, excavating, filling, terracing, tree removal, stockpiling of excavated material, is prohibited within 50 feet of the bluff edge, except as may be necessary to provide site drainage improvements, as may be approved and/or required by the City Engineer.

      (3)   Site landscaping. Upon completion of construction activities, minimal grading and clearing of existing vegetation may be allowed within the bluff or ravine area in order to install new vegetation and lawn landscaping. However, no such grading, clearing or landscaping will be permitted within 20 feet of the ravine edge or within 50 feet of the bluff edge.

      (4)   Site drainage. A site grading permit, approved by the City Engineer, shall be required before any site grading work may take place. Measures shall be required to control stormwater runoff from impervious areas, lawns and footing drains. Wherever feasible, such runoff shall be collected and carried to established storm drainage facilities located away from the ravine or bluff area as the case may be. If discharge into an established storm drainage structure is not feasible, drainage shall be collected and discharged into the ravine channel or from the top of the bluff to its base in a manner which minimizes disruption of the ravine or bluff slope and potential erosion of the bluff slope and potential erosion of the bluff toe or the ravine toe and channel, subject to the specific approval of the City Engineer.

      (5)   Channel modification. Where the City Engineer finds that an unstable ravine or bluff slope or toe exists or is likely, or where the configuration of the ravine channel has resulted in erosion or suggests the probability of future erosion, channel, toe or slope stabilization measures may be required by the City Engineer.

      (6)   Required information. Prior to submission to the city of a request for tentative approval of a plat of subdivision or review of an application for a building permit, the owner or agent of the owner of property, subject to this section, shall submit to the City Engineer all applicable site information, including, but not limited to, topography, existing trees and vegetation, ravine and/or bluff conditions (including establishment of the limits of the ravine or bluff area), geological and soil conditions, proposed plans for landscaping and lawn installation, and such other information as may be deemed necessary by the City Engineer in order to implement the policy and requirements of this section.

   (D)   Review guidelines and approval procedures.

      (1)   The City Surveyor and Engineer may approve encroachments into the bluff or ravine setback area for the construction of landscape features, auxiliary buildings (slab foundation), bridges, wood decks or other similar facilities, if the City Surveyor and Engineer finds that:

         (a)   The proposed construction is appropriate only for the requested location;

         (b)   The proposed construction will have no significant impact on the ravine or bluff area; and

         (c)   The proposed construction is of relatively low value, except for items related to ravines such as vehicular bridges.

      (2)   The Zoning Board of Appeals may consider variations from the requirements of this section for construction of habitable facilities such as room additions or new residences, and construction of significant auxiliary buildings. In considering such variations, the following guidelines, in addition to the four findings of fact as set forth in § 159.042(F)(4)(b) shall be considered:

         (a)   Construction in the 20 foot setback for the 22 degree slope intersect could be recommended if there exists adequate toe of slope improvements;

         (b)   Construction in the 22 degree slope angle could be recommended if there exists adequate slope or other improvements that effectively increase the stable slope angle;

         (c)   Variation from building on land that exceeds 10% slope but is outside of the 20 foot setback from the 22 degree slope angle could be recommended if entire slope shows no indication of instability; and

         (d)   Variation from any restriction could be recommended if the requested construction is less nonconforming than the existing residence and the ravine or bluff slope does not show any indication of instability; or if the applicant submits evidence based on current geotechnical engineering practices such as the Simplified Bishop Method of stability analysis whereby variables of soil shear strength, ground water level, unit weight of soil and slope angles are considered which result in the determination that the particular slope is stable at an angle greater than 22 degrees.

(Prior Code, § 46-15) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)