Five (5) zoning districts are provided for all types of residential development.

Four (4) zoning districts are provided for single-family residential development. The single-family districts provide for a limited range of single-family detached housing densities consistent with the village's established single-family residential neighborhoods. The R-1/2 and R-3 districts allow for lower density residential use and larger lot sizes. The R-4 and R-5 districts allow for somewhat higher density residential use and smaller lot sizes.

One zoning district is provided for townhouse, two-family, and multiple-family residential development. The R-6 district is intended to function principally as a transition between single- family detached houses and other zoning districts and to provide for lower density townhouse and two-family building types, which may result in higher densities than in single-family developments. The existing multiple-family development in the village is mapped in the R-6 district.

Taken as a whole, the residential district regulations are intended to preserve established neighborhoods and encourage new residential development, but only in a manner consistent with the overall character of the village. (Ord., 10-2004)

The following uses and no others are permitted as of right in the residential districts:

   A.   Single-family detached dwellings.

   B.   Townhouse (single-family attached) dwellings, but only in the R-6 district.

   C.   Two-family dwellings, but only in the R-6 district.

   D.   Multiple-family dwellings, but only in the R-6 district in areas shown on the zoning map adopted on the effective date of this zoning code. (Ord., 10-2004)

   A.   Senior housing in the R-6 district, subject to the following additional standards:

      1.   Community Need: No special use permit for senior housing shall be granted except on evidence satisfactory to the board of trustees that there is, and will for the foreseeable future continue to be, a ready market demand among current area residents for all of the dwelling units in the senior housing development.

      2.   Location: Every senior housing development shall be located in an area of the village that is conducive to the special needs of senior citizens. This typically will require a location with convenient access to public transportation, retail stores, and medical services.

      3.   Facilities And Staff: Every senior housing development shall provide such on site facilities and staff as may be necessary and appropriate to satisfy the social, cultural, recreational, and, when appropriate, medical needs of its residents, including walkways, ramps, benches, special lighting, and the like. The name and telephone number of at least one person having direct responsibility for the operation of the development shall be kept on file with the village manager and shall be listed in the Lake Zurich telephone directory under the name of the development.

      4.   Required Approvals: No senior housing development shall be established without the prior licensing, certification, or other approval of every public agency charged with the regulation or supervision of any facet of the activity of the proposed facility. Every application for a special use permit for a senior housing development shall set forth each agency that must approve the establishment or operation of the facility and shall be accompanied by a formal acknowledgement of approval from each such agency; provided, however, that in the event any such approval has been delayed, the application shall set forth the status of each such application and shall state any facts known to the applicant that might have contributed to the delay of any required approval that has not been obtained as of the time of the filing of the application for a special use permit.

      5.   Financial Stability: No special use permit for a senior housing development shall be granted unless the applicant therefor shall establish, to the satisfaction of the board of trustees, that there exists a reasonably certain source of continuous and sufficient funds to provide for the operation and maintenance of such facility in accordance with the representations of the application and the various standards applicable to such facility by reason of this zoning code and other laws and regulations.

      6.   Fire Protection: Every senior housing development shall be equipped with a fire suppression system, a fire protection signaling system, and an automatic fire detection system in accordance with the requirements of the Lake Zurich municipal code.

   B.   Nursing and personal care facilities in the R-6 district, subject to the following additional standards:

      1.   Supervision: Every nursing or personal care facility shall provide qualified and experienced supervisory personnel in sufficient numbers, and during sufficient and appropriate hours of the day, to meet all standards of any agency responsible for the licensing or regulation of the nursing or personal care facility and such additional services as may be required by the board of trustees. The special use permit shall specifically establish minimum standards for supervision. The name and telephone number of at least one person having direct responsibility for the operation of the facility shall be kept on file with the village manager and shall be listed in the Lake Zurich telephone directory under the name of the facility.

      2.   Availability Of Facilities: Every nursing and personal care facility shall be provided with, or have ready access to, facilities and services necessary and appropriate to the needs of its residents for active and passive recreation; medical care; educational, cultural, and religious activities; consumer goods and services; and public transportation.

      3.   Required Approvals: No nursing or personal care facility shall be established without the prior licensing, certification, or other approval of every public agency charged with the regulation or supervision of any facet of the activity of the proposed facility. Every application for a special use permit for a nursing or personal care facility shall set forth each agency that must approve the establishment or operation of the facility and shall be accompanied by a formal acknowledgement of approval from each such agency; provided, however, that in the event any such approval has been delayed, the application shall set forth the status of each such application and shall state any facts known to the applicant that might have contributed to the delay of any required approval that has not been obtained as of the time of the filing of the application for a special use permit.

      4.   Financial Stability: No special use permit for a nursing or personal care facility shall be granted unless the applicant therefor shall establish, to the satisfaction of the board of trustees, that there exists a reasonably certain source of continuous and sufficient funds to provide for the operation and maintenance of such facility in accordance with the representations of the application and the various standards applicable to such facility by reason of this zoning code and other laws and regulations.

      5.   Fire Protection: Every nursing or personal care facility shall be equipped with a fire suppression system, a fire protection signaling system, and an automatic fire detection system in accordance with the requirements of the Lake Zurich municipal code.

   C.   Transitional service facilities for up to six (6) transitional service facility residents in the R-6 district, subject to the following additional standards:

      1.   Supervision: Every transitional service facility shall provide qualified and experienced supervisory personnel, in sufficient numbers and during sufficient and appropriate hours of the day and night, to meet all standards of any agency responsible for the licensing or regulation of the transitional service facility and such additional services as may be required by the board of trustees. The special use permit shall specifically establish minimum standards for supervision. The name and telephone number of at least one person having direct responsibility for the operation of the facility shall be kept on file with the village manager.

      2.   Concentration: No transitional service facility shall be located within one-fourth (1/4) mile of any other existing transitional service facility, whether or not such existing facility is located within the village.

      3.   Structure Type: Every transitional service facility shall be located in a dwelling of the type permitted in the district where the facility is located. No alteration of any dwelling that would prevent its future use as a dwelling shall be permitted.

      4.   Availability Of Facilities: Every transitional service facility shall be provided with, or have ready access to, facilities and services necessary and appropriate to the needs of its residents for active and passive recreation; medical care; educational, cultural, and religious activities; consumer goods and services; and public transportation.

      5.   Required Approvals: No transitional service facility shall be established without the prior licensing, certification, or other approval of every public agency charged with the regulation or supervision of any facet of the activity of the proposed facility. Every application for a special use permit for a transitional service facility shall set forth each agency that must approve the establishment or operation of the facility and shall be accompanied by a formal acknowledgement of approval from each such agency; provided, however, that in the event any such approval has been delayed, the application shall set forth the status of each such application and shall state any facts known to the applicant that might have contributed to the delay of any required approval that has not been obtained as of the time of the filing of the application for a special use permit.

      6.   Financial Stability: No special use permit for a transitional service facility shall be granted unless the applicant therefor shall establish, to the satisfaction of the board of trustees, that there exists a reasonably certain source of continuous and sufficient funds to provide for the operation and maintenance of such facility in accordance with the representations of the application and the various standards applicable to such facility by reason of this zoning code and other laws and regulations.

   D.   Public utility stations in any district, subject to the following additional standards:

      1.   Structure Appearance And Screening: All buildings and structures shall have exteriors which give the appearance of a structure permitted in the district where located.

      2.   Safety Fencing: All such uses shall be fenced where any hazard to the safety of human or animal life is present.

      3.   Service And Storage Prohibited: No service or storage yard or building shall be permitted except as permitted for other uses in the district.

   E.   Planned unit developments in any district.

   F.   Bed and breakfast establishments in the R-5 district, subject to the following additional standards:

      1.   Location Restricted: A special use permit for a bed and breakfast establishment may be granted only for property that abuts property classified in the B-2 central business district.

      2.   Standards: In addition to satisfying all of the standards set forth in section 9-19-3 of this title applicable to special use permits, every bed and breakfast establishment also shall meet all of the following standards:

         a.   Every bed and breakfast establishment shall comply with the standards set forth in sections 4, 5, and 6 of the Illinois bed and breakfast act, 50 Illinois Compiled Statutes 820/4, 820/5, and 820/6.

         b.   Every bed and breakfast establishment shall comply with the regulations of the Lake County health department.

         c.   Every bed and breakfast establishment shall maintain certification and membership in good standing with the Illinois Bed And Breakfast Association or a similar association approved by the village manager.

      3.   Owner Operated And Occupied Only: Every bed and breakfast establishment shall be managed and operated by its owner, which owner also shall be the owner of the property on which the establishment is located and which owner shall occupy the establishment as the owner's principal place of residence.

      4.   Maximum Number Of Guestrooms: The maximum number of guestrooms for rent in any bed and breakfast establishment shall be five (5).

      5.   Meals: No meals may be served at a bed and breakfast establishment except only breakfast, which may be served only to registered guests of the establishment.

      6.   Maximum Length Of Stay: The maximum continuous length of stay for any guest in a bed and breakfast establishment shall be limited to thirty (30) days.

      7.   Minimum Annual Days In Operation: An approved bed and breakfast establishment shall be open to the public for business and in operation not fewer than one hundred eighty (180) days in any twelve (12) month time period.

      8.   Signage: Notwithstanding any other code, ordinance, or regulation of the village, no signage of any kind shall be allowed for a bed and breakfast establishment except only one ground sign. The ground sign may consist of two (2) sign faces, with each sign face not exceeding six (6) square feet in area. The ground sign message shall be restricted to the name and address of the establishment and no other message. The ground sign shall be made with materials, style, and lettering appropriate to the architecture of the establishment and in compliance with applicable village sign regulations.

      9.   Lighting: Except as may be specifically approved by the board of trustees at the time of approval of the special use permit for the bed and breakfast establishment, no exterior lighting shall be permitted at any bed and breakfast establishment except only small accent lighting of the type and quantity that may be typically found accessory to a single-family detached dwelling. All exterior lighting shall be depicted on the site plans approved by the village.

      10.   Exterior Statuary, Decorations: No exterior statuary, fountains, or similar attention getting devices shall be permitted except only of the type and quantity that may be typically found accessory to a single-family detached dwelling. All such statuary, fountains, and other attention getting devices shall be depicted on the site plans approved by the village.

      11.   Trash Containers: Trash containers shall be located only within a fully enclosed area. All trash containers shall be depicted on the site plan approved by the village.

      12.   Special Events Prohibited: No special events of any kind, including, without limitation, receptions, weddings, and the like, and no meetings of religious, political, business, fraternal, governmental, civic, or social organizations, and no events for which a fee is charged or remuneration is received, shall be permitted at a bed and breakfast establishment at any time, except only events conducted for registered guests of the establishment and to which only those registered guests are invited and permitted to attend.

      13.   Exterior Appearance Review Required: No construction or development of a bed and breakfast establishment shall be permitted except after approval of the building permit application therefor pursuant to chapter 21 of this title.

      14.   Compliance With Lakefront Corridor Development Guidelines: Every bed and breakfast establishment shall comply with the Lakefront corridor development guidelines, including, without limitation, compliance with regulations pertaining to architectural design, parking, and signage.

      15.   Landscape And Tree Preservation Plans: No construction or development of a bed and breakfast establishment shall be permitted except after approval of a landscape plan and a tree preservation plan, which plans shall include, without limitation, depictions of the proposed screening of vehicular and pedestrian areas and of adjacent properties.

      16.   Compliance With Village Codes And Ordinances: Except only as specifically provided otherwise in this subsection F, every bed and breakfast establishment shall comply with all applicable provisions of the Lake Zurich municipal code and the provisions of this zoning code, including, without limitation, the provisions of section 9-9-1 of this title related to accessory uses and structures, section 9-9-2 of this title related to temporary uses, sections 9-10-1 and 9-10-2 of this title related to parking and loading. (Ord., 10-2004)

Accessory structures and uses are permitted in all residential districts subject to the provisions of section 9-9-1 of this title. (Ord., 10-2004)

Temporary uses are permitted in all residential districts subject to the provisions of section 9-9-2 of this title. (Ord., 10-2004)

Home occupations are permitted in all residential districts subject to the provisions of section 9-9-3 of this title. (Ord., 10-2004)

The parking and loading requirements applicable in all residential districts are set forth in sections 9-10-1 and 9-10-2 of this title. (Ord., 10-2004)

The sign regulations applicable in all residential districts are set forth in title 8 of the Lake Zurich municipal code. (Ord., 10-2004)

Landscaping and lighting standards for uses and structures in the residential districts are set forth in chapter 8 of this title. (Ord., 10-2004; amd. Ord. 2016-6-137, 6-6-2016)

   A.   Exterior Appearance Review In R-6 District: No construction or development requiring a building permit and affecting the exterior appearance of any structure shall be permitted in the R-6 district except after approval of the building permit application pursuant to chapter 21 of this title.

   B.   Compliance With DR Downtown Redevelopment Overlay District: All construction and development on property within the DR downtown redevelopment overlay district (see section 9-7D-1 of this title) shall comply with all standards and requirements set forth in that overlay district. (Ord., 10-2004)

The building height, lot, yard, and landscaped surface requirements applicable in the residential districts are set forth in the following table:

 

*   Accessory structures are also subject to the provisions of subsection 9-9-1C of this title and applicable provisions of title 8 of the Lake Zurich municipal code.

   E.   Exceptions And Explanatory Notes:

      1.   Nonconforming Lots: See section 9-11-5 of this title for requirements with respect to legal nonconforming lots of record.

      2.   Minimum Lot Area: Water areas and land areas with natural resource restrictions including floodplains, wetlands, and lowland conservancy soils are not included as part of the calculation of the required minimum lot area.

      3.   Lot Areas In R-5 District: Many lots in the R-5 district were platted and developed at times when applicable regulations permitted lot areas smaller than 10,000 square feet. Subsections B1a, C1a, and C2a of this section establish such lots as permitted in the R-5 district. The regulations of subsections B1a, C1a, and C2a of this section shall not be interpreted, construed, or applied in any way to authorize the creation of any lot, whether by subdivision or any other means, the area of which is less than 10,000 square feet; provided, however that the minimum lot area shall be 5,400 square feet for lots that, as of January 1, 2006, abut South Shore Lane and are classified in the R-5 district. No alteration or addition of any kind shall be allowed to encroach into any established required front, corner side, or side yard/setback lines.

      4.   Visibility Across Corners: Any other provision of this zoning code to the contrary notwithstanding, nothing shall be erected, placed, planted, allowed to grow, or maintained on any corner lot in any residential district in violation of the provisions of subsection 4-2-1-3C of the Lake Zurich municipal code.

      5.   Special Setbacks For Signs: Special setbacks established for some signs in the Lake Zurich municipal code shall control over the yard requirements established in the table.

      6.   Specified Structures And Uses In Required Yards: The following structures and uses, except as limited below, may be located in any required yard:

         a.   Statuary, arbors, trellises, and ornamental light standards having a height of 8 feet or less, but not in any side yard in the LP district; and

         b.   Eaves and gutters projecting not more than 2 feet from an exterior wall; and

         c.   Awnings, canopies, bay windows, and balconies projecting not more than 3 feet into a front or rear yard from an exterior wall for a distance not more than 1/3 of the length of such wall, projecting not more than 2 feet into a side yard from an exterior wall for a distance not more than 1/4 of the length of such wall; and

         d.   Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, and the like projecting not more than 2 feet from an exterior wall, but not in any side yard in the LP district; and

         e.   Outside stairways that extend from an exterior wall, but not more than 3 feet into the required yard, not greater than a height of 4 feet or less, and not in any side yard in the LP district, and provided that such exterior wall shall be located outside of the required yard; and

         f.   Flagpoles, but not in any side yard in the LP district; and

         g.   Clotheslines, except in any front, side, or corner side yard; and

         h.   Terraces, but not within 20 feet of any front, corner side, or rear lot line, and not within 5 feet of any interior side lot line; and

         i.   Recreational devices, but only freestanding basketball standards and no other recreational devices in any front yard and not in any side yard in the LP district; and

         j.   Fences, walls (except in corner side yards), and hedges, subject to the limitations of the Lake Zurich municipal code; and

         k.   Driveways, subject to the limitations of subsection 9-10-1C of this title, but not within 3 feet of any side lot line on the lot on which such driveway is located, including, without limitation, any unimproved (dirt, gravel, or other) driveway that is paved and any driveway that is substantially rebuilt or that is removed and replaced. However, an existing residential driveway that encroaches on the required 3 foot side lot line may be maintained, repaired, and replaced at its current location if, but only if, the driveway complied at the time of its original installation with applicable provisions of this zoning code; and

          l.    Service Walks may not be within 3 feet of any side lot line on the lot on which such service walk is located, including, without limitation, any unimproved (dirt, gravel, or other) service walk, a service walk that is paved, and any service walk that is substantially rebuilt or that is removed and replaced. However, an existing service walk that encroaches into the required 3-foot side lot line setback may be maintained, repaired, and replaced at its current location, but only if the service walk complied at the time of its original installation with applicable provisions of this zoning code; and

         m.   Decks, swimming pools, swimming pool equipment, and gazebos in any residential district, but not in any front, corner side, or interior side yard and not within 23 feet of any rear lot line. Swimming pools shall not be located closer to the front lot line than any part of the principal building and shall not be located in any required front yard or corner side yard.

      7.   Front And Corner Side Yard Adjustment Next To Existing Structures: When a lot abuts, on both sides, lots that have already been developed, the front yard applicable to such lot shall be determined by taking the average of the setbacks of the buildings on the 2 abutting lots; provided, however, that no such front yard shall be less than 20 feet. When a lot abuts a lot that has already been developed on 1 side and a vacant lot or street is on the other side, the front or corner side yard applicable to such lot shall be determined by taking the average of the setback of the building on the abutting developed lot and the required front or corner side yard in the zoning district; provided, however, that no such front or corner side yard shall be less than 20 feet, except as provided in subsection E8 of this section.

       8.    Side And Rear Yard Regulations For Accessory Structures And Uses: Parking areas wherever located, and other detached accessory structures and uses when located entirely within the rear 25 percent of the depth of the lot, shall not be required to maintain an interior side or rear yard in excess of 5 feet; provided, however, that this exception shall not apply to residential recreational facilities, antennas, or antenna support structures. No accessory structure or use, or combination of such structures or uses, located within an otherwise required side or rear yard pursuant to this subsection E8 shall occupy more than 30 percent of such required yard.

      9.   Density Adjustment For Senior Housing:

         a.   Authority To Approve Increased Density: The plan commission may recommend and the board of trustees may authorize an increase in the overall density of development when approving a special use permit for a senior housing development in the R-6 district, by reducing the required minimum lot area per unit.

         b.   Maximum Permissible Adjustment; Maximum FAR: No such adjustment shall reduce the lot area per dwelling unit requirement to less than 2,000 square feet. The maximum floor area ratio for senior housing and all related support service areas shall be 0.40 excluding all areas devoted to enclosed parking areas or lots, and 0.45 including all such areas.

         c.   Standard For Adjustment: No such adjustment shall be recommended or authorized except on the basis of a finding that the adjustment will not result in any undue congestion in or adverse impact on the surrounding area. In determining the amount of any such adjustment to be recommended or authorized, consideration shall be given to:

            (1)   The development's excellence in satisfying the standards set forth in subsection 9-3-3A of this chapter; and

            (2)   The extent to which public or private subsidies are provided to allow some or all of the proposed dwelling units to be occupied by individuals of low or moderate income within the meaning of section 103(b)(4)(A) of the internal revenue code of 1954, as amended.

      10.   Calculation Of Nursing Or Personal Care Facility Density: Every patient room in a nursing or personal care facility, whether private or semiprivate, shall be counted as 1 dwelling unit. For patient rooms able to accommodate more than 2 patient beds, each patient bed more than 2 shall be counted as a separate dwelling unit. In addition, any dwelling unit occupied or available for occupancy by staff of the nursing or personal care facility shall be counted as a dwelling unit. The maximum floor area ratio for a nursing or personal care facility including all related support service areas shall be 0.45.

      11.   Special Yard From Ela Road And Cuba Road: Notwithstanding any other provision of this section, all yards along every lot line abutting Ela Road or Cuba Road shall be not less than 40 feet.

      12.   Special Yard From Route 12 And Route 22: Notwithstanding any other provision of this section, all yards along every lot line abutting Route 12 or abutting Route 22 between Ela Road and the westernmost village limits shall be not less than 50 feet.

      13.   Minimum Lot Width In Grand Avenue Neighborhood: Notwithstanding the lot width requirements contained in subsection B3 of this section, the minimum lot width for any lot that: a) was located in that portion of the Grand Avenue neighborhood that was rezoned to the R-4 single-family residential district pursuant to ordinance 2002-01-147, and b) consists of at least 15,000 square feet in lot area, shall be not less than 75 feet.

(Ord., 10-2004; amd. Ord. 2006-06-423, 6-19-2006; Ord. 2016-4-122, 4-4-2016; Ord. 2023-10-529, 10-17-2023; Ord. 2024-01-542, 1-15-2024)