The following provisions are of general application in all residential districts:
A. Prohibited: No development, sale, offering for sale nor advertising for sale of any lot for residential purposes shall occur prior to said lot being classified in a residential district, nor prior to the approval of a preliminary subdivision plat for the subdivision in which said lot is located, or proposed to be located, and the depositing of security instruments acceptable to the county board guaranteeing the construction and maintenance of any public improvements.
B. Additional Regulations: In addition to the bulk regulations in effect for a residential district, any dwelling, or combination of dwellings, on a lot which is not connected to a public or community sanitary sewer, in any residential district, shall conform with the R-1 district requirements for area according to the percolation rate, and except that a smaller lot of record at the time of passage of this title may be occupied by a single-family dwelling, or a two-family dwelling in an R-3 district, provided that two (2) or more contiguous lots in common ownership of record at the time of passage of this title shall be combined in one parcel to approach the required area insofar as possible, that the intent of the bulk regulations of the residential districts be reasonably observed and that the area or parcel so obtained is not reduced in transfer.
C. Accessory Buildings: No accessory buildings or structures shall be constructed on a residential lot prior to the construction of the principal dwelling.
D. Yard Regulations: For purposes of yard regulations, a two-family dwelling, a group or halfway house or a multiple-dwelling building shall be considered as one building occupying one lot.
E. Manufactured Housing: Unless excluded by deed or plat restriction, manufactured housing is permitted for all single-family and two-family dwellings constructed in any residential district.
F. Performance Standards: Sections 10-15-1, "Exterior Lighting"; 10-15-2, "Vibration"; 10-15-3, "Noise"; 10-15-4, "Air Pollution"; 10-15-5, "Odor"; 10-15-6, "Electromagnetic Radiation"; 10-15-7, "Glare And Heat"; 10-15-8, "Fire And Explosion"; 10-15-9, "Toxic Or Noxious Material"; 10-15-10, "Waste Material"; 10-15-11, "Exterior Construction Material"; 10-15-12, "Hazardous Materials"; 10-15-14, "Signal Receiving Antennas (Satellite Dishes)"; 10-15-15, "Wind Energy Systems"; 10-15-16, "Swimming Pools"; 10-15-17, "Manufactured Housing"; 10-15-18, "Communication Towers" of this title shall apply where applicable.
G. Other Restrictions: Chapters 12, "Signs"; 13, "Landscaping"; and 14, "Fencing" of this code also apply. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025- 05-006, 5-22-2025)
10-5A-1: SCOPE:
The regulations set forth in this article, or set forth elsewhere in this title, when referred to in this article, are the district regulations in the rural residential district. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5A-2: USE REGULATIONS:
Single-family residential uses in rural subdivisions not served by public sewer and water as provided under R-1 in the table in section 10-9-1 of this title, along with special uses set out thereon. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5A-3: ACCESSORY USES:
In addition to the principal uses listed above, the lot or structures thereon may be used for the nonbusiness purposes set out under R-1 in the table in section 10-9-2 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5A-4: BULK REGULATIONS:
As provided in chapter 11 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5A-5: PARKING REQUIREMENTS:
As provided in chapter 11 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5A-6: RESTRICTIONS:
The following restrictions shall apply to principal uses, special uses or accessory uses where applicable:
A. Agricultural uses in this district shall not include: 1) the disposal or feeding of garbage; 2) the confinement or raising of poultry or livestock within three hundred feet (300') of any dwelling except the dwelling of the owner and/or the lessor of the lot.
B. Private kennels and stables are permitted as accessory uses but may not be located within three hundred feet (300') of any dwelling except the dwelling of the owner and/or the lessor of the lot. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5B-1: SCOPE:
The regulations set forth in this article, or set forth elsewhere in this title, when referred to in this article, are the district regulations in the single-family residential district. (Ord. 06-05-002, 6-21-2005; amd. 2025-05-006, 5-22-2025)
10-5B-2: USE REGULATIONS:
Single-family residential uses, including principal residential uses permitted in the R-1 district, in subdivisions served by public or community sewer systems, as provided under R-2 in the table in section 10-9-1 of this title, along with related special uses set forth thereon. (Ord. 06-05-002, 6-21-2005; amd. 2025-05-006, 5-22-2025)
10-5B-3: ACCESSORY USES:
In addition to the principal uses set out above, the lot or structures thereon may be used for the nonbusiness purposes set out under R-2 in the table in section 10-9-2 of this title. (Ord. 06-05-002, 6-21-2005; amd. 2025-05-006, 5-22-2025)
10-5B-4: BULK REGULATIONS:
As provided in section 10-9-3 of this title. (Ord. 06-05-002, 6-21-2005; amd. 2025-05-006, 5-22-2025)
10-5B-5: PARKING REQUIREMENTS:
As provided in chapter 11 of this title. (Ord. 06-05-002, 6-21-2005; amd. 2025-05-006, 5-22-2025)
10-5B-6: RESTRICTIONS:
The following restrictions shall apply to principal uses, special uses or accessory uses, where applicable:
A. Home occupation signs not to exceed two (2) square feet are permitted if attached to the dwelling and unlighted.
B. Height of accessory uses shall not exceed the height of the principal dwelling on the lot or the height of the principal dwelling on any adjoining lot whichever is higher. (Ord. 06-05-002, 6-21-2005; amd. 2025-05-006, 5-22-2025)
10-5C-1: SCOPE:
The regulations set forth in this article, or set forth elsewhere in this title, when referred to in this article, are the district regulations in the mixed residential dwelling district. (Ord. 06-05-002, 6-21-2005; amd. Ord.2025-05-006, 5-22-2025)
10-5C-2: USE REGULATIONS:
Mixed residential uses, including any principal residential use permitted in a single-family residential district, in subdivisions served by public or community sewer systems, as provided under R-3 in the table in section 10-9-1 of this title, along with special uses set forth thereon. (Ord. 06-05-002, 6-21-2005; amd. Ord.2025-05-006, 5-22-2025)
10-5C-3: ACCESSORY USES:
In addition to the principal uses listed above, the lot or structures thereon, may be used for the nonbusiness purposes set out under R-3 in the table in section 10-9-2 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord.2025-05-006, 5-22-2025)
10-5C-4: BULK REGULATIONS:
As provided in section 10-9-3 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord.2025-05-006, 5-22-2025)
10-5C-5: PARKING REQUIREMENTS:
As provided in chapter 11 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord.2025-05-006, 5-22-2025)
10-5C-6: RESTRICTIONS:
The following restrictions shall apply to principal uses, special uses or accessory uses where applicable:
A. A mobile home park in a subdivision of not less than three (3) acres may be allowed as a special use, provided that the gross area of the mobile home park be no less than five thousand (5,000) square feet times the total number of all the mobile home sites in the subdivision, and that the net area of each mobile home site is not less than two thousand (2,000) square feet including parking. Gravel, crushed rock or other improved surface roadway at least twenty feet (20') in uniform width shall be installed and regularly maintained throughout the mobile home park providing vehicular access to each site. Each mobile home site shall have at least one improved surface parking area on the mobile home site accessible from the roadway. Uniform waste disposal regulations in compliance with the health department and state regulations shall be established and adhered to. Recycling performance standards shall apply if the mobile home park provides central waste disposal services.
B. Height of accessory uses shall not exceed the height of the principal use on the lot or mobile home site. (Ord. 06-05-002, 6-21-2005; amd. Ord.2025-05-006, 5-22-2025)
10-5D-1: SCOPE:
The regulations set forth in this article, or set forth elsewhere in this title, when referred to in this article, are the district regulations in the multi-family residential dwelling district. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5D-2: USE REGULATIONS:
Multi-family residential uses, including two-family dwellings permitted in the R-3 residential district, in subdivisions served by public or community sewer systems, as provided under R-4 in the table in section 10-9-1 of this title, along with special uses set forth thereon. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5D-3: ACCESSORY USES:
In addition to the principal uses set out above, the lot or structures thereon may be used for the nonbusiness purposes set out under R-4 in the table in section 10-9-2 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5D-4: BULK REGULATIONS:
As provided in section 10-9-3 of this title. (Ord. 06-05-002, 6-21-2005)
10-5D-5: PARKING REQUIREMENTS:
As provided in chapter 11 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5D-6: RESTRICTIONS:
The following restrictions shall apply to principal uses, special uses or accessory uses where applicable:
A. Recycling performance standards shall apply. (Ord. 2025-05-006, 5-22-2025)
Lee County Unincorporated City Zoning Code
CHAPTER 5
RESIDENTIAL DISTRICTS
10-5-1: STATEMENT OF INTENT:
The following provisions are of general application in all residential districts:
A. Prohibited: No development, sale, offering for sale nor advertising for sale of any lot for residential purposes shall occur prior to said lot being classified in a residential district, nor prior to the approval of a preliminary subdivision plat for the subdivision in which said lot is located, or proposed to be located, and the depositing of security instruments acceptable to the county board guaranteeing the construction and maintenance of any public improvements.
B. Additional Regulations: In addition to the bulk regulations in effect for a residential district, any dwelling, or combination of dwellings, on a lot which is not connected to a public or community sanitary sewer, in any residential district, shall conform with the R-1 district requirements for area according to the percolation rate, and except that a smaller lot of record at the time of passage of this title may be occupied by a single-family dwelling, or a two-family dwelling in an R-3 district, provided that two (2) or more contiguous lots in common ownership of record at the time of passage of this title shall be combined in one parcel to approach the required area insofar as possible, that the intent of the bulk regulations of the residential districts be reasonably observed and that the area or parcel so obtained is not reduced in transfer.
C. Accessory Buildings: No accessory buildings or structures shall be constructed on a residential lot prior to the construction of the principal dwelling.
D. Yard Regulations: For purposes of yard regulations, a two-family dwelling, a group or halfway house or a multiple-dwelling building shall be considered as one building occupying one lot.
E. Manufactured Housing: Unless excluded by deed or plat restriction, manufactured housing is permitted for all single-family and two-family dwellings constructed in any residential district.
F. Performance Standards: Sections 10-15-1, "Exterior Lighting"; 10-15-2, "Vibration"; 10-15-3, "Noise"; 10-15-4, "Air Pollution"; 10-15-5, "Odor"; 10-15-6, "Electromagnetic Radiation"; 10-15-7, "Glare And Heat"; 10-15-8, "Fire And Explosion"; 10-15-9, "Toxic Or Noxious Material"; 10-15-10, "Waste Material"; 10-15-11, "Exterior Construction Material"; 10-15-12, "Hazardous Materials"; 10-15-14, "Signal Receiving Antennas (Satellite Dishes)"; 10-15-15, "Wind Energy Systems"; 10-15-16, "Swimming Pools"; 10-15-17, "Manufactured Housing"; 10-15-18, "Communication Towers" of this title shall apply where applicable.
G. Other Restrictions: Chapters 12, "Signs"; 13, "Landscaping"; and 14, "Fencing" of this code also apply. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025- 05-006, 5-22-2025)
10-5A-1: SCOPE:
The regulations set forth in this article, or set forth elsewhere in this title, when referred to in this article, are the district regulations in the rural residential district. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5A-2: USE REGULATIONS:
Single-family residential uses in rural subdivisions not served by public sewer and water as provided under R-1 in the table in section 10-9-1 of this title, along with special uses set out thereon. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5A-3: ACCESSORY USES:
In addition to the principal uses listed above, the lot or structures thereon may be used for the nonbusiness purposes set out under R-1 in the table in section 10-9-2 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5A-4: BULK REGULATIONS:
As provided in chapter 11 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5A-5: PARKING REQUIREMENTS:
As provided in chapter 11 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5A-6: RESTRICTIONS:
The following restrictions shall apply to principal uses, special uses or accessory uses where applicable:
A. Agricultural uses in this district shall not include: 1) the disposal or feeding of garbage; 2) the confinement or raising of poultry or livestock within three hundred feet (300') of any dwelling except the dwelling of the owner and/or the lessor of the lot.
B. Private kennels and stables are permitted as accessory uses but may not be located within three hundred feet (300') of any dwelling except the dwelling of the owner and/or the lessor of the lot. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5B-1: SCOPE:
The regulations set forth in this article, or set forth elsewhere in this title, when referred to in this article, are the district regulations in the single-family residential district. (Ord. 06-05-002, 6-21-2005; amd. 2025-05-006, 5-22-2025)
10-5B-2: USE REGULATIONS:
Single-family residential uses, including principal residential uses permitted in the R-1 district, in subdivisions served by public or community sewer systems, as provided under R-2 in the table in section 10-9-1 of this title, along with related special uses set forth thereon. (Ord. 06-05-002, 6-21-2005; amd. 2025-05-006, 5-22-2025)
10-5B-3: ACCESSORY USES:
In addition to the principal uses set out above, the lot or structures thereon may be used for the nonbusiness purposes set out under R-2 in the table in section 10-9-2 of this title. (Ord. 06-05-002, 6-21-2005; amd. 2025-05-006, 5-22-2025)
10-5B-4: BULK REGULATIONS:
As provided in section 10-9-3 of this title. (Ord. 06-05-002, 6-21-2005; amd. 2025-05-006, 5-22-2025)
10-5B-5: PARKING REQUIREMENTS:
As provided in chapter 11 of this title. (Ord. 06-05-002, 6-21-2005; amd. 2025-05-006, 5-22-2025)
10-5B-6: RESTRICTIONS:
The following restrictions shall apply to principal uses, special uses or accessory uses, where applicable:
A. Home occupation signs not to exceed two (2) square feet are permitted if attached to the dwelling and unlighted.
B. Height of accessory uses shall not exceed the height of the principal dwelling on the lot or the height of the principal dwelling on any adjoining lot whichever is higher. (Ord. 06-05-002, 6-21-2005; amd. 2025-05-006, 5-22-2025)
10-5C-1: SCOPE:
The regulations set forth in this article, or set forth elsewhere in this title, when referred to in this article, are the district regulations in the mixed residential dwelling district. (Ord. 06-05-002, 6-21-2005; amd. Ord.2025-05-006, 5-22-2025)
10-5C-2: USE REGULATIONS:
Mixed residential uses, including any principal residential use permitted in a single-family residential district, in subdivisions served by public or community sewer systems, as provided under R-3 in the table in section 10-9-1 of this title, along with special uses set forth thereon. (Ord. 06-05-002, 6-21-2005; amd. Ord.2025-05-006, 5-22-2025)
10-5C-3: ACCESSORY USES:
In addition to the principal uses listed above, the lot or structures thereon, may be used for the nonbusiness purposes set out under R-3 in the table in section 10-9-2 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord.2025-05-006, 5-22-2025)
10-5C-4: BULK REGULATIONS:
As provided in section 10-9-3 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord.2025-05-006, 5-22-2025)
10-5C-5: PARKING REQUIREMENTS:
As provided in chapter 11 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord.2025-05-006, 5-22-2025)
10-5C-6: RESTRICTIONS:
The following restrictions shall apply to principal uses, special uses or accessory uses where applicable:
A. A mobile home park in a subdivision of not less than three (3) acres may be allowed as a special use, provided that the gross area of the mobile home park be no less than five thousand (5,000) square feet times the total number of all the mobile home sites in the subdivision, and that the net area of each mobile home site is not less than two thousand (2,000) square feet including parking. Gravel, crushed rock or other improved surface roadway at least twenty feet (20') in uniform width shall be installed and regularly maintained throughout the mobile home park providing vehicular access to each site. Each mobile home site shall have at least one improved surface parking area on the mobile home site accessible from the roadway. Uniform waste disposal regulations in compliance with the health department and state regulations shall be established and adhered to. Recycling performance standards shall apply if the mobile home park provides central waste disposal services.
B. Height of accessory uses shall not exceed the height of the principal use on the lot or mobile home site. (Ord. 06-05-002, 6-21-2005; amd. Ord.2025-05-006, 5-22-2025)
10-5D-1: SCOPE:
The regulations set forth in this article, or set forth elsewhere in this title, when referred to in this article, are the district regulations in the multi-family residential dwelling district. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5D-2: USE REGULATIONS:
Multi-family residential uses, including two-family dwellings permitted in the R-3 residential district, in subdivisions served by public or community sewer systems, as provided under R-4 in the table in section 10-9-1 of this title, along with special uses set forth thereon. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5D-3: ACCESSORY USES:
In addition to the principal uses set out above, the lot or structures thereon may be used for the nonbusiness purposes set out under R-4 in the table in section 10-9-2 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5D-4: BULK REGULATIONS:
As provided in section 10-9-3 of this title. (Ord. 06-05-002, 6-21-2005)
10-5D-5: PARKING REQUIREMENTS:
As provided in chapter 11 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)
10-5D-6: RESTRICTIONS:
The following restrictions shall apply to principal uses, special uses or accessory uses where applicable:
A. Recycling performance standards shall apply. (Ord. 2025-05-006, 5-22-2025)