(A)   Permitted uses.

      (1)   Permitted uses of land or buildings, as herein listed, shall be permitted in the districts indicated under the conditions specified. No building or land shall be devoted to any use other than a use permitted in the zoning district in which such building or land is located, with the following exceptions:

         (a)   Uses lawfully established on or before the effective date of this chapter (January 15, 1972) or any amendment hereto; and

         (b)   Special uses, allowed in accordance with the provisions of division (B) below.

      (2)   Uses established on or before the effective date of this chapter, January 15, 1972, or any amendment hereto and rendered nonconforming by the provisions hereof, shall be subject to the regulations of §§ 159.025 through 159.027.

   (B)   Regulation of nonresidential uses and activities. The following nonresidential uses and activities are permitted in the R-1 through R-5 Single-Family Residence Districts, subject to the regulations and limitations as follows:

      (1)   Designer showcase display homes. Designer showcase display home, or other similar events, may be conducted within the city, if the City Manager determines that the conduct of the event is in full conformance with the following standards:

         (a)   The petitioner is a not-for-profit entity;

         (b)   The majority of the Board of Directors of the not-for-profit entity are city residents;

         (c)   The majority of the neighbors in the immediate area (three deep) of the designer showcase home must indicate by written statements their approval of the proposed use;

         (d)   The City Manager must receive an application for the date of the proposed designer showcase home six months prior to the proposed event and must receive the application for the specific location of the proposed home no less than three months prior to the event; and

         (e)   Such other conditions as the City Manager may deem appropriate and reasonable.

      (2)   Residential boutiques and handmade craft sales.

         (a)   Purpose. It is the intent of this chapter to regulate residential boutique and handmade craft sales in such a way so as to only permit activity that is deemed to be compatible with the character of a residential neighborhood.

         (b)   Conduct of sales. Residential boutiques and handmade craft sales may be conducted only by institutions such as churches, temples, community centers or other institutional public or private properties. Such institutions may hold or allow their premises to be used for sales for the benefit of city not-for-profit organizations; provided, however that prior to any sale, a permit must be obtained from the Building Department of the city, in accordance with the provisions of division (B)(4)(j) below, except that each sale shall be limited to not more than three consecutive days.

      (3)   Home occupations.

         (a)   Purpose. It is the intent of this chapter to permit as home occupations all uses that conform to the standards set forth herein. 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.

         (b)   Performance standards. All home occupations must be conducted in compliance with the following standards and limitations:

            1.   The primary use of the dwelling unit shall remain residential;

            2.   The home occupation shall be clearly incidental and subordinate to the primary residential use of the dwelling. The home occupation shall be conducted within the limits of the dwelling unit, but no more than 30% of the total square footage of the dwelling unit, not to exceed 600 square feet, shall be used in the conduct of the home occupation. In calculating the square footage being used in the conduct of the home occupation, all area of the dwelling unit and accessory buildings which are in any way used toward the operation or conduct of the home occupation shall be included. If more than one home occupation is operated in the residence, the combined total square footage devoted to all such home occupations shall not exceed 30% of the total square footage, or 600 square feet, whichever is less. The use of accessory buildings for home occupation purposes may be approved by the City Manager if he or she finds such use consistent with the purpose and intent of this chapter and in compliance with applicable performance standards;

            3.   The operator or operators of the home occupation shall make the dwelling unit within which the home occupation is conducted his or her legal and primary place of residence;

            4.   No one may participate in or assist with the conduct or operation of a home occupation except:

               a.   Individuals who meet the same residence requirements, set forth in division (B)(3)(b)3. above, as must be met by the operator of the home occupation;

               b.   A nonresident assistant, subject to the following requirements and limitations:

                  i.   Participation by the nonresident assistant shall be in a subordinate capacity only, incidental to the conduct of the home occupation as for example, the services of a nurse, receptionist or clerical assistant in the home occupation of a physician;

                  ii.   The nonresident assistant shall not participate, totally or partially, in the capacity as an additional operator of the home occupation, as an additional practitioner of the professional, craft or occupational service of the operator, or as a partner or professional associate thereof;

                  iii.   Participation by the nonresident assistant shall be limited to 45 hours per week. More than one person may be used as a nonresident assistant provided that no more than one is on the premises at any time and further provided that the total hours of all such nonresident assistants do not exceed 45 hours as permitted herein; and

                  iv.   If more than one home occupation is conducted in the same dwelling unit, nonresident assistants may be used in all such home occupations, provided that no more than one is on the premises at any time and further provided that the total hours of all such nonresident assistants do not exceed the 45 hours as permitted herein.

            5.   There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation;

            6.   Alterations shall not be made to the interior of the dwelling which would render it undesirable for residential use;

            7.   Additions, enlargements or exterior alterations that change the residential appearance of the dwelling or lot shall not be permitted. Any proposed exterior changes shall be subject to Building Review Board approval;

            8.   No additional or separate exterior entrance that will cause a net increase in the number of entrances shall be constructed for the purpose of conducting the home occupation;

            9.   Limited amounts of goods, commodities or stock in trade shall be received, retained, used or stored on or physically transferred from the premises;

            10.   Except as provided in (B)(3)(b)13. below, no more than four individual clients, customers, patrons or service or delivery men may occupy the premises simultaneously. No vehicular traffic substantially greater than normal in the adjacent residential area is permitted;

            11.   The use of electrical or mechanical equipment that would change the fire rating of the structure, create visible or audible interference in radio and television receivers or cause fluctuations in line voltage outside the dwelling units prohibited;

            12.   No permitted home occupation(s) shall interfere with the reasonable use and enjoyment of adjacent residential properties;

            13.   No permitted home occupation shall be allowed at any time to offer any goods for retail sale to the general public from the location of the home occupation except as provided for in (B)(3)(b)10. above, or except as follows:

               a.   No more than one private sale may be conducted at each home occupation location in any calendar year and may continue for a period not to exceed four days, provided, however, that such four-day period may run consecutively or may be broken into lesser increments, but in no event shall the total exceed four days in any calendar year;

               b.   Notification of the sale shall be by personally addressed, private invitation. Sales shall not be offered to the general public. The use of general media advertising or by general distribution of sales information is prohibited;

               c.   i.   Grandfather clause: all home occupations within the city shall conform to the standards set forth herein, except that those home occupations in existence on the effective date of this division (B)(3) that do not meet the criteria herein and meeting the following criteria may continue in operation for up to five years after the adoption of this division (B)(3), at which time they shall be terminated:

                     A.   The home occupation is located in R-1 through R-5 zoning districts;

                     B.   The home occupation has been in operation for a continuous period since July 1, 1972; and/or

                     C.   The operator of the home occupation must provide the city with documentation of its operations dating back to July 1, 1972.

               ii.   Home occupations which do not meet the performance standards or the foregoing criteria shall be terminated not less than 60 days after passage and publication of this chapter.

      (4)   Garage sales and house sales; performance standards. All garage sales and house sales shall be conducted in compliance with the following standards and limitations:

         (a)   No more than one sale may be conducted during a calendar year at any one residence;

         (b)   Not more than three households may conduct a sale at any one residence. When members of more than one residence join in holding a sale, the sale shall be considered to have been held at the residence of each participating member;

         (c)   Each sale shall be limited to not more than two consecutive days;

         (d)   The hours of operation shall be limited from 9:00 a.m. to 5:00 p.m.;

         (e)   No items for sale may be displayed in a required yard, as defined in § 159.002, nor shall any items for sale be displayed on the lawn area between the house and a public or private street;

         (f)   1.   Signs: one sign, not to exceed four square feet in area, may be located on the property where the sale is to take place. In addition, not more than three off-premises directional ground signs may be placed in the public parkway at local intersections, provided the signs:

               a.   Are made of an all-weather material and secured to the ground;

               b.   Contain only the wording necessary to describe the sale (i.e., garage sale, house sale), the address where the sale is to be conducted and an arrow;

               c.   Are white with red lettering; and

               d.   Are not more than four square feet in size and four feet in height.

            2.   Such signs may only be displayed during the hours of the sale. No signs may be attached to any street poles, trees, fire hydrants, sign poles, light poles or similar structures.

         (g)   Publicity in advance of permitted sales shall be limited to the local press and shall be only such publicity as is the minimum reasonable amount necessary to notify the local public or local desired clientele of the specifics regarding the sale;

         (h)   The City Manager or his or her designate shall have sole discretion to determine whether the advance publicity printed in conjunction with the sale is in accordance with the provisions of this ordinance;

         (i)   In addition to the conditions specifically noted herein, the City Manager may require any other conditions necessary to properly regulate the proposed sale to protect the health, safety and welfare of the area; and

         (j)   Approval procedure.

            1.   A person proposing to conduct a sale, as defined herein, shall submit an application for such sale not less than 48 hours prior to the proposed sale. There is no fee for obtaining a permit for the conduct of a sale. The applicant(s) shall certify that they will abide by the rules and regulations set forth above, and by all other applicable rules and regulations of the city and any special conditions as may be required in accordance with (B)(4)(i) above. The applicant shall provide names and addresses of all persons and/or households who are to participate in said sale. The application shall be on file in the office of the Administrative Officer, and he or she shall review all such requests and approve conforming sales. A placard will be issued by the Building Department and shall be displayed at the site of the sale so as to be visible from the street.

            2.   The Administrative Officer shall issue a stop order for sales which do not meet the performance standards or foregoing criteria. When a stop order is issued, such sales shall cease immediately.

   (C)   Special uses. Special uses may be allowed in each district as provided in § 159.045.

   (D)   Lot size requirements. Lot size requirements shall be as herein specified for each zoning district.

   (E)   Yard requirements.

      (1)   Yard requirements shall be as set forth under each zoning district. Front, side and rear yards shall be provided in accordance with these regulations and shall be unobstructed from the ground level to the sky, except as allowed in § 159.010(D).

      (2)   All accessory buildings which are attached to principal buildings (e.g., attached garages) shall comply with the yard requirements of the principal building.

   (F)   Height requirements. The requirements established under each zoning district in this subchapter shall determine the maximum building height allowable within each district.

   (G)   Signs. Signs regulated as provided in Chapter 153 of the city code.

   (H)   Off-street parking. Off-street parking accessory to uses allowed in single-family residence and general residence districts shall be provided as required in §§ 159.130 through 159.139.

   (I)   Off-street loading. Off-street loading accessory to uses allowed in single-family residence and general residence districts shall be provided as required in §§ 159.130 through 159.139.

   (J)   Inclusionary housing. In addition to the requirements of this section and the respective district requirements, certain developments shall be subject to the inclusionary housing requirements of Chapter 158 of the city code, which requirements shall be satisfied in addition the provisions of this chapter.

(Prior Code, § 46-36) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 2005-45, passed 12-5-2005)

   (A)   Permitted uses. The following uses are permitted in the R-5 District:

      (1)   Single-family detached dwellings;

      (2)   Parks, playgrounds and community buildings operated by municipal agencies;

      (3)   Farms, providing that no building in which farm animals and poultry are housed shall be located within 200 feet of any lot in any “R” District;

      (4)   Stables and kennels, provided that no such stables or kennels shall be within 200 feet of any lot in an “R” District, and provided further that such stables or kennels shall not be operated and maintained as a part of or in connection with a veterinary or animal hospital;

      (5)   Truck and flower gardens and nurseries, provided, however, that the products shall not be sold at retail on the premises and no building shall be erected upon the premises other than a dwelling and the usual accessory buildings; and

      (6)   Accessory uses and buildings incidental to and on the same zoning lot as a principal use.

         (a)   The principal residence is owner occupied.

         (b)   The accessory structure within which the secondary living unit is located (the “accessory structure”) predates the date of adoption of this code provision, November 17, 2014.

         (c)   Each secondary living unit meets the minimum health and life safety requirements of the building codes adopted by the city.

         (d)   No more than two secondary living units are permitted on a lot.

         (e)   A site plan is filed with the Director of Community Development or the Director’s designee, demonstrating that adequate on site parking, on a hard surface consistent with the requirements of § 95.146 is provided for the occupants of each secondary living unit.

         (f)   Secondary living units must be accessible by way of a driveway located on the property on which the accessory structure is located unless an access easement across a neighboring property specifically provides for access to the accessory structure and recognizes its use as a secondary living unit.

         (g)   The accessory structure is a minimum distance of 20 feet from all property lines. A variance from the 20-foot setback requirement may be considered by the Zoning Board of Appeals with consideration given to the proximity of neighboring structures and the adequacy of landscape screening and the standard variance criteria in the code.

         (h)   The lot owner registers the secondary living unit, on a form provided by the city, with the Director of Community Development, or the Director’s designee, on an annual basis.

         (i)   No secondary living unit shall have more than two people unrelated by blood, marriage, or adoption residing within that secondary living unit at any given time.

         (j)   A nonconforming secondary living unit as of November 17, 2014 shall be recognized as a conforming use regardless of the setback distance from the property lines so long as the property owner registers the unit with the city, on a form provided by the city, as required by this division (A)(7) within one year of the date of adoption of these provisions. Documentation of past use of the structure as a secondary living unit is required.

   (B)   Special uses. Special uses may be allowed in R-5 Districts as provided in § 159.045.

   (C)   Lot size requirements.

 

 

   (D)   Requirements. (Setbacks are given in linear feet.)

      (1)   Permitted uses.

 

      (2)   Accessory uses.

 

 

   (E)   Height requirements. The maximum height of all principal buildings and structures shall be governed by § 150.148(B)(3) of the Building Code and the maximum height of all accessory buildings and structures shall not exceed 25 feet.

(Prior Code, § 46-37) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 92-14, passed 4-16-1992; Ord. 2014-43, passed 11-17-2014)

      (1)   Single-family detached dwellings;

      (2)   Parks, playgrounds and community buildings operated by municipal agencies;

      (3)   Farms, providing that no building in which farm animals and poultry are housed shall be within 200 feet of any lot in any “R” District;

      (4)   Stables and kennels, provided that no such stables or kennels shall be within 200 feet of any lot in an “R” District, and provided further that such stables or kennels shall not be operated or maintained as a part of or in connection with a veterinary or animal hospital;

      (5)   Truck and flower gardens and nurseries, provided, however, that the products shall not be sold at retail on the premises and no building shall be erected upon the premises other than a dwelling and the usual accessory buildings; and

      (6)   Accessory uses and buildings incidental to and on the same zoning lot as a principal use; and

         (a)   The principal residence is owner occupied.

         (b)   The accessory structure within which the secondary living unit is located (the “accessory structure”) predates the date of adoption of this code provision, November 17, 2014.

         (c)   Each secondary living unit meets the minimum health and life safety requirements of the building codes adopted by the city.

         (d)   No more than two secondary living units are permitted on a lot.

         (e)   A site plan is filed with the Director of Community Development or the Director’s designee, demonstrating that adequate on site parking, on a hard surface consistent with the requirements of § 95.146 is provided for the occupants of each secondary living unit.

         (f)   Secondary living units must be accessible by way of a driveway located on the property on which the accessory structure is located unless an access easement across a neighboring property specifically provides for access to the accessory structure and recognizes its use as a secondary living unit.

         (g)   The accessory structure is a minimum distance of 20 feet from all property lines. A variance from the 20-foot setback requirement may be considered by the Zoning Board of Appeals with consideration given to the proximity of neighboring structures and the adequacy of landscape screening and the standard variance criteria in the code.

         (h)   The lot owner registers the secondary living unit, on a form provided by the city, with the Director of Community Development, or the Director’s designee, on an annual basis.

         (i)   No secondary living unit shall have more than two people unrelated by blood, marriage, or adoption residing within that secondary living unit at any given time.

         (j)   A nonconforming secondary living unit as of November 17, 2014 shall be recognized as a conforming use regardless of the setback distance from the property lines so long as the property owner registers the unit with the city, on a form provided by the city, as required by this division (A)(7) within one year of the date of adoption of these provisions. Documentation of past use of the structure as a secondary living unit is required.

   (B)   Special uses. Special uses may be allowed in the R-4 District as provided in § 159.045.

   (C)   Lot size requirements.

 

 

   (D)   Requirements. (Setbacks are given in linear feet.)

      (1)   Permitted uses.

 

      (2)   Accessory uses.

 

 

   (E)   Height requirements. The maximum height of all principal buildings and structures shall be governed by § 150.148 and the maximum height of all accessory buildings and structures shall not exceed 25 feet.

(Prior Code, § 46-38) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 92-14, passed 4-16-1992; Ord. 2014-43, passed 11-17-2014)

   (A)   Permitted uses. The following uses are permitted in the R-3 District:

      (1)   Single-family detached dwellings;

      (2)   Parks, playgrounds and community buildings operated by municipal agencies;

      (3)   Truck and flower gardens and nurseries, provided, however, that the products shall not be sold at retail on the premises and no building shall be erected upon the premises other than a dwelling and the usual accessory buildings; and

      (4)   Accessory uses and buildings incidental to and on the same zoning lot as the principal use.

   (B)   Special uses. Special uses may be allowed in the R-3 District as provided in § 159.045.

   (C)   Lot size requirements.

 

 

   (D)   Requirements. (Setbacks are given in linear feet.)

      (1)   Permitted uses.

 

 

      (2)   Accessory uses.

 

 

   (E)   Height requirements. The maximum height of all principal buildings and structures shall be governed by § 150.148 and the maximum height of all accessory buildings and structures shall not exceed 25 feet.

(Prior Code, § 46-39) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 92-14, passed 4-16-1992)

   (A)   Permitted uses. The following uses are permitted in the R-2 District:

      (1)   Single-family detached dwellings;

      (2)   Parks, playgrounds and community buildings operated by municipal agencies;

      (3)   Truck and flower gardens and nurseries, provided, however, that the products shall not be sold at retail on the premises and no building shall be erected upon the premises other than a dwelling and the usual accessory buildings; and

      (4)   Accessory uses and buildings incidental to and on the same zoning lot as the principal use.

   (B)   Special uses. Special uses may be allowed in the R-2 District as provided in § 159.045.

   (C)   Lot size requirements.

 

 

   (D)   Requirements. (Setbacks are given in linear feet.)

      (1)   Permitted uses.

 

 

      (2)   Accessory uses.

 

 

   (E)   Height requirements. The maximum height of all principal buildings and structures shall be governed by § 150.148 and the maximum height of all accessory buildings and structures shall not exceed 25 feet.

(Prior Code, § 46-40) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 92-14, passed 4-16-1992)

   (A)   Permitted uses. The following uses are permitted in the R-1 District:

      (1)   Single-family detached dwellings;

      (2)   Parks, playgrounds and community buildings operated by municipal agencies;

      (3)   Truck and flower gardens and nurseries, provided, however, that the products shall not be sold at retail on the premises and no building shall be erected upon the premises other than a dwelling and the usual accessory buildings; and

      (4)   Accessory uses and buildings incidental to and on the same zoning lot as the principal use.

   (B)   Special uses. Special uses may be allowed in the R-1 District as provided in § 159.045.

   (C)   Lot size requirements.

 

 

   (D)   Requirements. (Setbacks are given in linear feet.)

      (1)   Permitted uses.

 

 

      (2)   Accessory uses.

 

 

   (E)   Height requirements. The maximum height of all principal buildings and structures shall be governed by § 150.148 and the maximum height of all accessory buildings and structures shall not exceed 25 feet.

(Prior Code, § 46-41) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 92-14, passed 4-16-1992)

   (A)   Purpose. The GR-4 General Residence District is a low density residence district primarily intended to be used to create transitional land use areas between business districts and surrounding single-family residences; and for providing a zoning and land use alternative for parcels or tracts of land in the community that, because of location and other physical characteristics, and based on sound land planning principles, would best be developed as single-family attached residences.

   (B)   Permitted uses. The following uses are permitted in the GR-4 General Residence District:

      (1)   Single-family detached dwellings;

      (2)   Single-family attached dwellings. There shall be no more than six attached dwelling units in any one structure, with no more than two continuous, attached dwellings located on the same building line. The minimum required jug in the building line shall be two feet. Each such single-family attached dwelling shall have its own separate front and rear entrance and have no floor area of an adjacent dwelling located above it;

      (3)   Parks, playgrounds and community buildings operated by municipal agencies; and

      (4)   Accessory uses and buildings incidental to and on the same zoning lot as a principal use. Recreational facilities, such as tennis courts, swimming pools, club houses and other similar facilities, intended for use by the occupants of the development, shall be permitted accessory uses and/or buildings in a single-family attached dwelling development.

   (C)   Special uses. Special uses may be allowed in the GR-4 General Residence District as provided in § 159.045.

   (D)   Density. The gross density shall be not more than four dwelling units per acre for all GR-4(a) zoned properties, and six dwelling units per acre for all GR-4(b) zoned properties. Such densities shall be calculated by dividing the gross land area (in square feet) of subject property (excluding all exterior abutting public and private streets, public access ways, access easements and rights-of-way regardless of any property right the petitioner and/or owner may have to such property) by 10,890 for all GR-4(a) zoned properties and 7,260 for all GR-4(b) zoned properties. If the calculation results in a fraction, the permitted number of dwelling units shall be the same as the lower whole number.

   (E)   Lot size requirements.

 

 

   (F)   Requirements. (Setbacks are given in linear feet.)

      (1)   External relationships. (Setbacks from perimeter property line).

         (a)   Permitted uses.

 

 

         (b)   Accessory uses.

 

 

      (2)   Internal relationships.

         (a)   A minimum setback of 20 feet (eaves to eaves) shall be provided between all structures.

         (b)   Rear primary walls of structures shall have a minimum setback of 100 feet to the nearest rear primary wall of another structure, unless the line of sight between buildings is broken by landscaping, building orientation and the like.

         (c)   Primary walls of structures shall have a minimum setback of 20 feet to the edge of pavement from the nearest street, if private, and from the right-of-way line, if dedicated.

   (G)   Height requirements. The maximum height of all principal buildings and structures shall be governed by § 150.148 and the maximum height of all accessory buildings and structures shall not exceed 25 feet.

   (H)   Land coverage.

      (1)   No more than 25% of the land area shall be covered with buildings.

      (2)   Not more than 50% of the land area shall be covered with impervious surfaces. The remaining 50% of the property shall be preserved in open space and appropriately landscaped.

   (I)   Parking requirements. Off-street parking shall be provided in accordance with the provisions of § 159.136 of this chapter.

   (J)   Engineering standards.

      (1)   All main and/or through streets, sanitary sewers, drainage and water distribution systems shall be built to the standards of the city and dedicated to the city, unless otherwise approved.

      (2)   The plans and specifications for all public and private roadway and utility improvements must be reviewed and approved by the City Engineer, prior to any work on the site.

      (3)   Financial guarantees insuring proper installation of all public and private roadway and utility improvements shall be reviewed and approved by the City Engineer and City Attorney prior to any work beginning on the site.

   (K)   Design standards. The following standards shall be considered in reviewing all site and building plans. These standards are intended to provide a frame of reference for the applicant in the development of site and building plans as well as to provide a method of review for the city.

      (1)   Topography. The topography shall be preserved wherever possible in its natural state by minimizing grade changes and alterations. The elevation of building sites and street locations should conform to existing and contours, to the extent possible.

      (2)   Street layout.

         (a)   The streets shall be curved wherever possible to provide a gentle curvilinear street pattern. The streets shall be located wherever possible to preserve the natural elements of the site, as well as those of surrounding properties. Further, the number of new intersections with existing and/or proposed major or secondary arterials and/or collector/distributor streets shall be kept to a minimum.

         (b)   The use of cul-de-sacs to provide access to the residences is encouraged so as to provide better privacy for the units, more variety in site planning and better views, oriented away from neighbors’ yards and units.

      (3)   Preservation of landscape. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, so that the resulting development will be in keeping with the general appearance of neighboring developed areas and will not adversely affect the ecology of the area. Wherever the natural landscape is not preserved or no vegetation existed, mature landscape materials, emphasizing the use of evergreens, shall be installed in accordance with a plan approved by the Director of Parks, Forestry and Public Works.

      (4)   Relation of proposed building to environment and existing development. Proposed structures shall be related harmoniously to the terrain and to existing structures that have visual relationship to the proposed structures. Development shall be in harmony with the prevailing development of the city, the existing development of the area and the Comprehensive Plan.

      (5)   Utility services. Electric and telephone lines shall be underground. Any utility installations remaining above ground shall be located so as to have harmonious relation to neighboring properties and the site.

      (6)   Parking areas. Garage units, preferably attached, shall be provided for each residence. However, the garages shall be located and varied so as to not have a row of garage doors facing the access street or driveway. Visitors parking shall be provided in small groupings and be well landscaped so as to fit into the area and to minimize the parking lot look.

      (7)   Site planning. The site planning shall provide, wherever possible, separate front entryways, attached garages and variety in building lines and heights.

(Prior Code, § 46-42) (Ord. 1453, passed 1-7-1985; Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 92-14, passed 4-16-1992)

   (A)   Purpose. The GR-3 District is a two-family residence district used for the purpose of maintaining the character of those areas of the community traditionally zoned for two-family dwellings, partially developed by such uses, and in the best interests of the community, desirably maintained for one-and two-family dwelling use.

   (B)   Permitted uses. The following uses are permitted in the GR-3 District:

      (1)   Single-family detached dwelling;

      (2)   Parks, playgrounds and community buildings operated by municipal agencies;

      (3)   Two-family dwellings;

      (4)   Truck and flower gardens and nurseries, provided, on the premises and no building shall be erected upon the premises other than a dwelling and the usual accessory buildings; and

      (5)   Accessory uses and buildings incidental to and on the same zoning lot as a principal use.

   (C)   Special uses. Special uses may be allowed in the GR-3 District as provided in § 159.045.

   (D)   Lot size requirements.

 

 

   (E)   Yard requirements. (Yard requirements are given in linear feet.)

      (1)   Permitted uses.

 

 

      (2)   Accessory uses.

 

 

   (F)   Height requirements. The maximum height of all principal buildings and structures shall be governed by § 150.148 and the maximum height of all accessory buildings and structures shall not exceed 25 feet.

(Prior Code, § 46-43) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 92-14, passed 4-16-1992)

   (A)   Purpose. The GR-2 District is a moderate density multiple-family residence district to be used for the purpose of creating transitional residence areas between business and commercial uses and surrounding single-family residences; and providing an incentive for the gradual redevelopment of older areas of the community presently restricted to two-family residence development.

   (B)   Permitted uses. The following uses are permitted in the GR-2 District:

      (1)   Single-family detached dwellings;

      (2)   Parks, playgrounds and community buildings operated by municipal agencies;

      (3)   Two-family detached dwellings;

      (4)   Multiple-family dwellings, but only on zoning lots of 20,000 square feet or more;

      (5)   Truck and flower gardens and nurseries, provided, however, that the products shall not be sold at retail on the premises and no building shall be erected upon the premises other than a dwelling and the usual accessory buildings; and

      (6)   Accessory uses and buildings incidental t and on the same zoning lot as a principal use.

   (C)   Special uses. Special uses may be allowed in the GR-2 District as provided in § 159.045.

   (D)   Lot size requirements.

 

 

   (E)   Yard requirements. (Yard requirements are given in linear feet.)

      (1)   Permitted uses.

 

 

      (2)   Accessory uses.

 

 

   (F)   Height requirements. The maximum height of all principal buildings and structures shall be governed by § 150.148 and the maximum height of al accessory buildings and structures shall not exceed 25 feet.

(Prior Code, § 46-44) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 92-14, passed 4-16-1992)

   (A)   Purpose. The GR-1 District is a moderate density multiple-family residence district to be used primarily for the purpose of creating transitional residence areas between the business and commercial uses of the Central Business District and the surrounding single-family and lower density multiple-family residence areas; and providing a zoning and land use alternative for areas of the community presently zoned for office, business or service use but which in the interests of the general community and sound community planning would more desirably and appropriately be developed for residence purposes.

   (B)   Permitted uses. The following uses are permitted in the GR-1 District:

      (1)   Single-family detached dwellings;

      (2)   Parks, playgrounds and community buildings operated by municipal agencies;

      (3)   Two-family detached dwellings;

      (4)   Multiple-family dwellings;

      (5)   Truck and flower gardens and nurseries, provided, however, that the products shall not be sold at retail on the premises and no building shall be erected upon the premises other than a dwelling and the usual accessory buildings; and

      (6)   Accessory uses and buildings incidental to and on the same zoning lot as a principal use.

   (B)   Special uses. Special uses may be allowed in the GR-1 District as provided in § 159.045.

   (C)   Lot size requirements.

 

 

   (D)   Yard requirements. (Yard requirements are given in linear feet.)

      (1)   Permitted uses.

 

 

      (2)   Accessory uses.

 

 

   (E)   Height requirements. The maximum height of all principal buildings and structures shall be governed by § 150.148 and the maximum height of all accessory buildings and structures shall not exceed 25 feet.

(Prior Code, § 46-45) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 92-14, passed 4-16-1992)

   (A)   Purpose. The new zoning classification would be placed on those parcels of land, identified as OA on the district map of the city Zoning Code, whose character has already been established as open in nature through private conservation easements, deed restrictions and plat covenants and the like. The OA classification would be assigned to those parcels of land that are owned and/or managed by any of the following:

      (1)   City;

      (2)   Lake Forest Open Lands Association;

      (3)   Lake County Forest Preserve; and

      (4)   Homeowner’s associations.

   (B)   General. No building or structure shall be used or erected, enlarged or structurally altered on any parcel designated as OA, except as specifically provided in this section.

   (C)   Permitted uses. The following uses are permitted in the OA Open Area District:

      (1)   Private parks and open space;

      (2)   Parks, playgrounds and community buildings operated by municipal agencies;

      (3)   Golf courses and related buildings and facilities;

      (4)   Farms, providing that no building in winch farm animals or poultry are housed shall be located within 200 feet of any lot in any “R” District;

      (5)   Stables and kennels, provided that no such stables or kennels shall be within 200 feet of any lot in an “R” District, and further provided that such stables or kennels shall not be operated and maintained as a part of, or in connection with, a veterinary or animal hospital;

      (6)   Stormwater detention and retention facilities;

      (7)   Conservation areas, including wetlands, floodplains, woodlands and similar areas;

      (8)   Hiking and horseback riding paths and trails; and

      (9)   Accessory uses and buildings incidental to and on the same lot as a principal use or structure.

   (D)   Special uses. Special uses may be allowed in the OA Open Area District as provided in § 159.045.

   (E)   Parcel size requirements. No minimum requirement.

   (F)   Lot size requirements. No minimum requirement.

   (G)   Minimum yard requirements; permitted uses. (Setbacks are given in linear feet.)

 

 

   (H)   Height requirements. The maximum height of all buildings and structures shall not exceed 25 feet.

(Prior Code, § 46-45A) (Ord. eff. 1-15-1972; Ord. 94-39, passed 9-15-1994)

   (A)   Purpose. The ROS Single-Family Residence and Open Space District is to be used for the purpose of creating single-family residential areas of varying types at overall low densities for the purpose of preserving significant quantities of open space and allowing flexibility of residential design.

   (B)   Permitted uses. The following uses are permitted in the ROS Single-Family Residence and Open Space District:

      (1)   Single-family detached dwellings;

      (2)   Attached dwellings, provided that such dwellings are of superior design with the purpose of maximizing open space;

      (3)   Private parks and open space uses;

      (4)   Parks, playgrounds and community buildings operated by municipal agencies;

      (5)   Golf course and related facilities and buildings;

      (6)   Farms, providing that no building in which farm animals or poultry are housed shall be located within 200 feet of any lot in any “R” District;

      (7)   Stables and kennels, provided that no such stables or kennels shall be within 200 feet of any lot in a “R” District, and provided further that such stables or kennels shall not be operated and maintained as a part of, or in connection with, a veterinary or animal hospital;

      (8)   Truck and flower gardens and nurseries, provided, however that the products shall not be sold at retail on the premises and no building shall be erected upon the premises other than a dwelling and the usual accessory buildings;

      (9)   Railroad passenger commuter station and related parking facilities;

      (10)   Detention and retention facilities;

      (11)   Accessory uses and buildings incidental to and on the same zoning lot as a principal use; and

      (12)   In that portion of the ROS Single-Family Residence and Open Space District located within 1,200 feet of the Illinois Route 60 right-of-way line, multiple-family dwellings are permitted, provided that:

         (a)   The dwelling units within any such multiple-family dwelling are divided to allow the separate ownership under Illinois Condominium Property Act, 765 ILCS 605 et seq.;

         (b)   No building in such portion of the ROS District shall exceed 45 feet in height (excluding elevator, mechanical and utility components, and notwithstanding any other height limitations in the ROS District); and

         (c)   The multiple-family dwellings shall, in addition to adhering to the design standards set forth in division (K) below, be of superior architectural design and situated on its site to maximize open space.

   (C)   Special uses. Special uses may be allowed in the ROS Single-Family Residence and Open Space District as provided in § 159.045.

   (D)   Minimum parcel size. The minimum parcel size required to be developed in the ROS Single-Family Residence and Open Space District is 300 acres.

   (E)   Minimum open space. The minimum open space required to be preserved as permanent open space is 100 acres.

   (F)   Lot size requirements.

 

   (G)   Minimum yard requirements. (Given in linear feet.)

      (1)   Permitted uses.

 

      (2)   Accessory uses.

 

 

   (H)   Height requirements. The maximum height of all principal buildings and structures shall be governed by § 150.148 and the maximum height of all accessory buildings and structures shall not exceed 25 feet.

   (I)   Parking requirements. Off-street parking shall be provided in accordance with the provisions of § 159.136.

   (J)   Open space.

      (1)   Open space areas may be devoted to the following purposes:

         (a)   Natural areas, such as floodplains, woodlands, wetlands, ravines and bluffs and/or landscaped areas including landscaped berms, trails and pathways;

         (b)   Recreational facilities or amenities; and

         (c)   Stormwater detention facilities.

      (2)   No open space land shall be utilized for future residential building sites.

      (3)   The required subdivision plat shall contain the appropriate notations and clauses reflecting dedications, easements, reservation, regulations and requirements concerning ownership and responsibility for common space areas and facilities.

      (4)   With respect to open space which is to be reserved for use solely by resident property owners, the developer shall prepare and file the following with the City Council and Plan Commission as companion documents with the proposed residential areas:

         (a)   Proposed articles of incorporation of a homeowner’s association or some comparable type of organization establishing equal common ownership of and criteria for maintenance of all common open space;

         (b)   Proposed declaration of covenants and restrictions governing:

            1.   Property rights in the common properties;

            2.   Declaration of lands subject to such covenants, including provisions for expansion where expansion is possible;

            3.   Voting rights of property owners;

            4.   Requirements pertaining to mandatory membership in the homeowner’s association and criteria for assessing and collecting maintenance fees;

            5.   Exterior maintenance requirements, if any;

            6.   Architectural control committee functions, powers, duties and procedures, if any; and other general provisions, e.g., duration of covenants, notices, enforcement and severability clauses and the like;

            7.   Through the operation of all provisions required under division (J)(4)(b)6. above, the developer or subdivider shall maintain control of all such common open space(s) and be responsible for required maintenance until it has been determined that development sufficient to support the homeowner’s association has taken place. Such determination shall be provided for as a part of, and in accordance with, the declaration of covenants and restrictions; and

            8.   If, in the opinion of the appropriate city official, a public nuisance is created on any part of the aforementioned common open space, the city shall then place the developer, subdivider or homeowner’s association on notice by registered mail and specify corrective measures required. If, within ten days after said notice, no action has taken place, the city may exercise its option to take corrective measures and invoice the responsible party.

   (K)   Design standards. The following standards shall be used as a framework for evaluating a proposed ROS District.

      (1)   Topography. The topography shall be preserved, wherever possible, in its natural state by minimizing grade changes and alterations. Building sites and street locations should conform to the extent possible to existing land contours.

      (2)   Street layout.

         (a)   The streets shall be curved, wherever possible, to provide gentle curvilinear street pattern. Streets shall be located, wherever possible, to preserve the natural elements of the site, as well as those of surrounding properties. Further, the number of new intersections with existing and proposed major or secondary arterials and collector/distributor streets shall be kept to a minimum.

         (b)   The use of cul-de-sacs to provide access to the residences is encouraged so as to provide privacy for the units, more variety in site planning, and views oriented away from neighbors’ yards and units.

         (c)   The property within the ROS Single-Family Residence and Open Space District shall be developed in a manner consistent with its rural nature. The roadway and drainage systems therein may be developed with design appropriate to a county lane but shall meet the engineering standards of the city. An adequate pedestrian circulation system appropriately lighted shall be provided and the drainage system may incorporate materials other than concrete curbs and gutters.

         (d)   Principal through-streets shall be developed in accordance with the standards of the city and shall have a pavement width of not less than 20 feet. Secondary streets shall have a pavement width of not less than 16 feet. Streets serving six or fewer dwelling units shall have a pavement width of not less than 14 feet.

      (3)   Preservation of landscape. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal so that the resulting development will be in keeping with the general appearance of neighboring developed areas and will be in keeping with the general appearance of neighboring developed areas and will not adversely affect the ecology of the area. Wherever the natural landscape is not preserved or no vegetation existed, mature landscape materials, emphasizing the use of evergreens, shall be installed in accordance with a plan approved by the Director of Parks, Forestry and Public Works.

      (4)   Relation of proposed building to environment and existing development. Proposed structures shall be related harmoniously to the terrain and to existing structures that have visual relationship to the proposed structures.

      (5)   Utility services. Electric and telephone lines shall be underground. Any utility installations remaining above ground shall be located so as to have harmonious relation to neighboring properties and the site.

   (L)   Modifications. The City Council may approve modifications in connection with a particular development plan which are consistent with the purposes of this chapter.

(Prior Code, § 46-46) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 92-14, passed 4-16-1992; Ord. 02-49, passed 12-2-2002)

   (A)   Purpose. The RE Single-Family Residence and Educational District is to be used for the purpose of creating single-family residential areas of varying types at overall low densities in conjunction with the open setting of an educational campus, and allowing flexibility of residential design.

   (B)   Permitted uses. The following uses are permitted in the RE Single-Family Residence and Educational District:

      (1)   Single-family detached dwellings;

      (2)   Private parks and open space uses;

      (3)   Parks, playgrounds and community buildings operated by municipal agencies; and

      (4)   Accessory uses and buildings incidental to and on the same zoning lot as a principal use.

   (C)   Special uses. Special uses may be allowed in the RE Single-family Residence and Educational District, as provided in § 159.045.

   (D)   Minimum parcel size. The minimum parcel size required to be developed in the RE Single-Family Residence and Educational District is 150 acres.

   (E)   Density standards. The overall density of the residential development shall no exceed one dwelling

unit per 60,000 square feet of land area, based on a gross density calculation, less 12%.

   (F)   Lot size requirements. No minimum requirement for lot area or lot width.

   (G)   Minimum yard requirements.

      (1)   Permitted uses.

 

 

      (2)   Accessory uses.

 

 

   (H)   Height requirements. The maximum height of all principal buildings and structures shall be governed by § 150.148 and the maximum height of all accessory buildings and structures shall not exceed 25 feet.

   (I)   Parking requirements. Off-street parking shall be provided in accordance with the provisions of § 159.136.

   (J)   Open space. The open space preserved shall be subject to the following conditions:

      (1)   Open space areas may be devoted to the following conditions:

         (a)   Natural areas, such as floodplains, woodlands, wetlands, ravines and bluffs and/or landscaped areas including landscaped berms, trails and pathways;

         (b)   Recreational facilities or amenities; and

         (c)   Stormwater detention facilities.

      (2)   No open space land used in calculation of residential densities shall be utilized for future residential building sites.

      (3)   The required subdivision plat shall contain the appropriate notations and clauses reflecting dedications, easements, reservation, regulations and requirements concerning ownership and responsibility for common space areas and facilities.

      (4)   With respect to open space which is to be reserved for use solely by resident property owners, the developer shall prepare and file the following with the City Council and Plan Commission as companion documents with the proposed residential areas:

         (a)   Proposed articles of incorporation of a homeowner’s association or some comparable type of organization establishing equal common ownership of and criteria for maintenance of all common open space; and

         (b)   Proposed declaration of covenants and restrictions governing:

            1.   Property rights in the common properties;

            2.   Declaration of lands subject to such covenants, including provisions for expansion where expansion is possible;

            3.   Voting rights of property owners;

            4.   Requirements pertaining to mandatory membership in the homeowner’s association and criteria for assessing and collecting maintenance fees;

            5.   Exterior maintenance requirements, if any;

            6.   Architectural control committee functions, powers, duties and procedures, if any; and other general provisions, e.g., duration of covenants, notices, enforcement and severability clauses and the like;

            7.   Through the operation of all provisions required under division (J)(4)(b)6. above the developer or subdivider shall maintain control of all such common open space(s) and be responsible for required maintenance until it has been determined that development sufficient to support the homeowner’s association has taken place. Such determination shall be provided for as a part of, and in accordance with, the declaration of covenants and restrictions; and

            8.   If, in the opinion of the appropriate city official, a public nuisance is created on any part of the aforementioned common open space, the city shall then place the developer, subdivider or homeowner’s association on notice by registered mail and specify corrective measures required. If, within ten days after said notice, no action has taken place, the city may exercise its option to take corrective measures and invoice the responsible party.

   (K)   Design standards. The following standards shall be used as a framework for evaluating a proposed RE District.

      (1)   Topography. The topography shall be preserved, wherever possible, in its natural state by minimizing grade changes and alterations. Building sites and street locations should conform to the extent possible to existing land contours.

      (2)   Street layout.

         (a)   The streets shall be curved, wherever possible, to provide gentle curvilinear street patterns. Streets shall be located, wherever possible, to preserve the natural elements of the site, as well as those of surrounding properties. Further, the number of new intersections with existing and proposed major or secondary arterials and collector/distributor streets shall be kept to a minimum.

         (b)   The use of cul-de-sacs to provide access to the residences is encouraged so as to provide privacy for the units, more variety in site planning, and views oriented away from neighbors’ yards and units.

      (3)   Preservation of landscape. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal so that the resulting development will be in keeping with the general appearance of neighboring developed areas and will not adversely affect the ecology of the area. Wherever the natural landscape is not preserved or no vegetation existed, mature landscape materials, emphasizing the use of evergreens, shall be installed in accordance with a plan approved by the Director of Parks, Forestry and Public Works.

      (4)   Relation of proposed building to environment and existing development. Proposed structures shall be related harmoniously to the terrain and to the existing structures that have visual relationship to the proposed structures.

      (5)   Utility services. Electric and telephone lines shall be underground. Any utility installations remaining above ground shall be located so as to have harmonious relation to neighboring properties and the site.

   (L)   Modifications. The City Council may approve modifications in connection with a particular development plan which are consistent with the purposes of this chapter.

(Prior Code, § 46-47) (Ord. eff. 1-15-1972; Ord. 90-59, passed 10-13-1990; Ord. 91-1(A), passed 1-7-1991; Ord. 92-14, passed 4-16-1992)