- RESIDENTIAL DISTRICTS
Long Grove's unique qualities are drawn from its residential core. The essential character of the village results from its large residential lot sizes as well as its abundant, natural vegetation and limited accessibility via a pattern of quiet rural roads and streets. The residential district regulations are intended to perpetuate the overall character of the village by preserving established residential areas and encouraging new development consistent with the rural character of the village's residential core.
Three zoning districts are provided for residential development. The residential districts (R1, R2, and R3 districts), together with the regulations permitting planned unit developments, provide ample opportunity for the development and preservation of various housing types consistent with the existing character of the village.
(Ord. No. 2007-O-04, 4-24-2007)
The following uses and no other are permitted as of right in the residential districts:
(A)
Single-family detached dwellings.
(B)
Agriculture, subject to the following limitations:
1.
Use. The growing of crops shall be permitted as of right in the residential districts. Any other agricultural use shall require a special use permit pursuant to section 5-3-6 of this chapter.
2.
Minimum Acres Required. Commercial agriculture uses shall require a minimum of ten contiguous acres of lot area within the village.
3.
Location of Buildings or Structures. in all tracts of land devoted to agriculture uses, no building or other structure shall be situated or otherwise located within the setback area required by the terms of the zoning classification within which the lot is located. for example, if the lot is zoned in the R1 district, no buildings or other structures may be situated within 100 feet of the front yard as measured from the lot lines.
(C)
Open space.
(D)
Video gaming, provided that video gaming shall be limited to establishments holding a valid class V liquor license granted pursuant to title 3, chapter 2 of this code.
(Ord. No. 2007-O-04, 4-24-2007; Ord. No. 2016-O-02, 1-12-2016)
Accessory structures and uses are permitted in the residential districts subject to the provisions of section 5-9-1 of this title.
(Ord. No. 2007-O-04, 4-24-2007)
Home occupations are permitted in the residential districts subject to the provisions of section 5-9-2 of this title.
(Ord. No. 2007-O-04, 4-24-2007)
Temporary uses are permitted in the residential districts subject to the provisions of section 5-9-3 of this title.
(Ord. No. 2007-O-04, 4-24-2007)
The following uses may be permitted in the residential districts subject to the issuance of a special use permit as provided in section 5-11-17 of this title and subject to the additional standards hereinafter set forth:
(A)
Schools, elementary and high, including playgrounds and athletic fields incidental thereto, but only subject to the special procedures and standards for public assemblies set forth in section 5-9-12 of this title.
(B)
Religious facilities, but only subject to the special procedures and standards for public assemblies set forth in section 5-9-12 of this title.
(C)
Recreational clubs, excluding commercially operated driving ranges or miniature golf courses.
(D)
Planned unit developments, but only subject to the special procedures and standards set forth in section 5-11-18 of this title.
(E)
Utility service uses, including electric substations and above and below ground distribution systems, water filtration plants, pumping stations, and reservoirs, and sanitary sewage treatment facilities, subject to the following additional standards:
1.
Structure Appearance and Screening. All buildings and structures either shall have exteriors which give the appearance of a single-family residential structure or shall comply with the screening requirements applicable to nonresidential uses abutting a residential district pursuant to section 5-9-7 of this title.
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.
(F)
Public service uses, including, without limitation, the following:
1.
Fire and police stations.
2.
School bus shelters.
(G)
Expanded agricultural uses, subject to the limitations of section 5-9-10 of this title.
(H)
B&B's, subject to the limitations of section 5-9-11 of this title and provided that no such B&B shall be allowed in the R3 district.
(I)
Nursing homes.
(J)
Parks.
(K)
Personal wireless services antennas, but only subject to the special procedures and standards contained in section 5-9-6 of this title.
(Ord. No. 2007-O-04, 4-24-2007)
The parking requirements applicable in the residential districts are set forth in section 5-9-4 of this title.
(Ord. No. 2007-O-04, 4-24-2007)
The sign regulations applicable in the residential districts are set forth in section 5-9-5 of this title.
(Ord. No. 2007-O-04, 4-24-2007)
The requirements relating to buffer yards, landscaping, and screening of certain uses and structures in the residential districts are set forth in section 5-9-7 of this title.
(Ord. No. 2007-O-04, 4-24-2007)
(A)
One Principal Building per Lot. Not more than one principal detached residential building shall be located on a zoning lot; and no principal detached residential building shall be located on the same zoning lot with any other principal building.
(B)
Parking and Loading in Setbacks. No parking or loading area shall be permitted in any setback on a lot except for garage turnaround areas and driveways as permitted by section 7-1-1-5 of this code.
(C)
One Principal Use per Lot. Unless otherwise permitted expressly pursuant to a special use permit or planned unit development approval, not more than one principal use shall be located on a zoning lot, and each principal use shall be located entirely on a single zoning lot.
(Ord. No. 2007-O-04, 4-24-2007)
(A)
Purpose. The intent of this section is to ensure sufficient variety in detached single-family dwellings to prevent monotony, and to foster the quality and character of residential construction traditionally found in the village. At the same time, these regulations are designed to provide freedom for homeowners to design detached single-family dwellings that meet their needs and choices and to encourage creativity.
(B)
Mandatory Criteria. The following criteria shall apply to all new detached single-family dwelling construction:
1.
Similarity Regulated. No detached single-family dwelling may be similar to any other detached single-family dwelling along a street or cul-de-sac, or within 1,500 feet (as measured from lot line to lot line), whichever is more restrictive.
2.
Window, Door, and Trim. Each detached single-family dwelling shall have similar style and quality window, door, trim, and decorative moldings on all exterior building elevations of the detached single-family dwelling.
3.
Building Materials. Identical or substantially similar siding materials or veneers shall be used on all exterior sides of the detached single-family dwelling. This does not prohibit the use of veneers or changes of materials on a facade where, for example, materials might change at the second floor or at a windowsill height. Where a wing or projection of the building is offset, the wing or projection may use different materials to give it emphasis, provided the materials are applied to the entire wing or projection.
4.
Roof Overhangs. An important element of design is the shadow lines that are created by roofs and help articulate the building. Any detached single-family dwelling having a pitched roof shall have eaves that extend a sufficient distance to create shadow lines. A variety of overhangs is desired. The following standards shall apply:
(a)
Variety. Within a subdivision or planned unit development, the detached single-family dwellings shall have a variety of different roof overhang profiles.
(b)
Extension. The overhang of a detached single-family dwelling, not including gutters, shall extend at least eight inches beyond the plane of the wall.
(c)
Exception. The minimum overhang shall not apply to any individual detached single-family dwelling built in a historical style where overhangs were not part of the style (Cape Cod, for example) or in a unique individual design. The architectural board shall review the architectural plans for such dwellings.
5.
Garage Placement and Orientation. Within a particular subdivision or planned unit development, no more than 25 percent of garages may be front loads located at the front of the detached single-family dwelling. The following are preferred alternatives to front load garages, which alternatives are illustrated on appendix 1 on file in the village:
(a)
Side load garages.
(b)
Side loading front garages. These are garages located in wings in front of the principal facade or entrance facade.
(c)
Recessed front loading garages. Where the two car garage is in a wing that is recessed 20 feet or more behind the front elevation, it shall not be considered a front loaded garage.
(d)
Rear garages. These are either freestanding or attached garages that are located to the rear and that have the view from the street screened by a wing of the building.
(C)
Multiple Dwellings. An owner who builds more than one detached single-family dwelling must utilize four or more of the following techniques to avoid monotony and ensure quality:
1.
Roof Heights. Utilize dissimilar roof heights. One or a combination of the following shall be used to achieve the desired effect:
(a)
Vary the number of stories on adjoining lots.
(b)
Vary the roof pitches on otherwise similar detached single-family dwellings.
(c)
Vary the roofline height on the individual detached single-family dwelling. The number of stories can be varied on the dwelling. Where the width of the dwelling is changed, the roof can be stepped down even though the stories remain similar. Wings should be of different heights based on different stories or widths.
2.
Roof Orientation. Vary roof orientation so that the gable ends are oriented in a different direction than an otherwise similar detached single-family dwelling.
3.
Floor Plans. Utilize different floor plans with distinctive shapes, such as wings or elements that sharply contrast with adjoining dwellings or significant (at least 20 percent) changes in width of the central dwelling. Repetitive use of a similar form and floor plans having similar masses on different models is not permitted. A wing must protrude from the front of the building a minimum of eight feet to be considered a wing.
4.
Placement on Lots. Vary the location of the detached single-family dwellings in relation to the required front and side yard setbacks.
5.
Rotation or Flipping. Rotate the floor plan by 90 degrees or utilize a 180-degree flip combined with major differences in the plane of the front elevation.
6.
Lot Frontage and Size. Utilize significant variation in the width of detached single-family dwellings which results in clearly different modules of windows and doors.
7.
Architectural Style. Utilize different architectural styles for similar floor plans, which employ all the elements of a given style and are applied consistently throughout the dwelling.
8.
Architectural Details and Features. Utilize different details for the chimney, entrance, garage design, dormers, porches, and building materials to significantly alter the appearance of a detached single-family dwelling to make it visually very different.
(D)
Individual Review. The owner shall submit a separate plan for each detached single-family dwelling to the Building Superintendent for individual review and approval prior to issuance of a building permit. Applications shall include photos of the facades of the buildings or architectural elevations of existing dwellings along the same street or cul-de-sac or within 1,500 feet of the lot line of the proposed lot, whichever is more restrictive. The Building Superintendent may, when he deems it necessary to ensure compliance with this section, refer any such application to the Architectural Board for review and comments.
(E)
Appeals.
1.
If the Building Superintendent denies an application, the owner can appeal that decision to the Architectural Board within ten days of the denial by filing a written notice of appeal with the Village Clerk. The Architectural Board may affirm, modify, or reverse the decision of the Building Superintendent.
2.
The owner can appeal a decision of the Architectural Board to the Village Board within ten days of the denial by filing a written notice of appeal with the Village Clerk. The Village Board may affirm, modify, or reverse the decision of the Architectural Board.
3.
Any appeal under this subsection (E) shall be reviewed in light of the criteria in subsections (B) and (C) of this section and the purposes in subsection (A) of this section.
(F)
Responsibility. It is the responsibility of the owner to establish to the satisfaction of the Village that the application fully complies with the provisions of this section.
(G)
Deviations. for good cause shown, the Village Board may approve deviations from strict conformity with this section when the owner establishes to the satisfaction of the Village Board that any such deviations are reasonably necessary and are not contrary to the purpose and intent of this section.
(Ord. No. 2007-O-04, 4-24-2007)
The building height, lot, yard, floor area ratio, coverage, and spacing requirements applicable in the Residential Districts are set forth in the following table. Footnote references appear at the end of the table.
Exceptions and Explanatory Notes:
1.
Height Limitation for Accessory Structures. The maximum building height of any accessory structure shall be 15 feet unless otherwise permitted pursuant to section 5-9-1 of this title.
2.
Nonconforming Lots. See section 5-10-5 of this title for lot requirements with respect to legal nonconforming lots of record.
3.
Permitted Obstructions in Required Yards. See section 5-9-8 of this title for certain structures and uses that may be located in certain required yards.
4.
Special Conservancy Area and Scenic Corridor Setbacks. Special setbacks for conservancy areas and scenic corridor areas established in title 7 of this Code shall control over the yard and setback requirements established in this table.
5.
Rear Yard Regulations for Certain Accessory Structures and Uses. Accessory structures and uses (except for tennis courts, playing courts, swimming pools, and guesthouses) may be located in required rear yards, provided the accessory structure or use is located not less than 30 feet from any lot line.
6.
Maximum Floor Area. The maximum floor area for a lot in any of the Residential Zoning Districts shall be calculated based on the lot area. The calculation of lot area will exclude 50 percent of the wetlands and Conservancy District areas on a lot, except in the cases of: a) lots in planned unit developments to which the 50 percent exclusion under subsection 5-11-18(E)2(m)(1) of this title has been applied; b) any lot that had been improved with a single-family detached dwelling prior to February 24, 2009; or c) any lot created as part of a plat of subdivision approved prior to February 24, 2009.
(a)
For any lot that meets all of the setback requirements for the underlying zoning district, the maximum floor area is set forth in the following chart:
(b)
For any lot in any of the Residential Zoning Districts that does not meet one or more of the setback requirements for the underlying zoning district, the maximum floor area is set forth in the following chart:
The maximum floor area restrictions contained in this paragraph (b) do not apply to any lot that either: 1) is developed with a single-family dwelling unit as of February 24, 2009; 2) is part of an approved planned unit development or subdivision as of February 24, 2009; or 3) is part of an approved planned unit development within a woodland conservancy area for which specific building boxes are prescribed on the plat for purposes of preserving the wooded character of the development. These lots will be subject to the maximum floor area restrictions contained in the chart set forth in paragraph (a) of this note.
(c)
No variance or other relief shall be granted from this note 6 except as permitted in an approved planned unit development pursuant to section 5-11-18 of this title.
7.
Maximum Impervious Surface Coverage.
(a)
Public Safety Uses. in the R1 and R2 Districts only, a local governmental use designed to provide public safety services directly to the residents of the Village, limited to a fire station, police station, or similar Municipal use, may exceed the maximum impervious surface coverage restriction pursuant to a special use permit; provided that the owner must demonstrate that the proposed increase in the maximum impervious surface coverage will: a) satisfy all of the standards for a special use permit set forth in section 5-11-17 of this title; b) enhance the capability of the local governmental unit to serve the Village and its residents; and c) not adversely impact stormwater drainage for the lot subject to the special use permit, any adjacent lot, or existing stormwater management facilities.
(b)
Decks and Patios. on residential lots in the R1, R2, and R3 Districts that are less than 0.5 acres in size, the first 400 square feet of the area of a deck or patio on such lot shall be excluded from the calculation of the maximum impervious surface coverage restriction; provided, however, that in no event may the total impervious surface coverage on such lot (including the area of otherwise excludable decks and patios) exceed 45 percent unless authorized by variation.
8.
Setback for Portion of R-2 District. The setbacks in the Country Club Estates Subdivision, as identified on the Zoning Map in the R-2 District shall be: for side yards, 30 feet; for rear yards, 30 feet; and for front yards, 75 feet, except that existing residences with a lesser front yard setback shall be considered lawful nonconformities and additions or modifications to, or replacement of, the existing residences are authorized without further variation, so long as such additions, modifications, or replacements do not further encroach beyond the existing front building line into the front yard setback (as determined by a then current survey) or any side yard setbacks.
(Ord. No. 2009-O-07, 3-10-2009; Ord. No. 2012-O-28, 10-9-2012; Ord. 2019-O-01, 1-8-2019)
- RESIDENTIAL DISTRICTS
Long Grove's unique qualities are drawn from its residential core. The essential character of the village results from its large residential lot sizes as well as its abundant, natural vegetation and limited accessibility via a pattern of quiet rural roads and streets. The residential district regulations are intended to perpetuate the overall character of the village by preserving established residential areas and encouraging new development consistent with the rural character of the village's residential core.
Three zoning districts are provided for residential development. The residential districts (R1, R2, and R3 districts), together with the regulations permitting planned unit developments, provide ample opportunity for the development and preservation of various housing types consistent with the existing character of the village.
(Ord. No. 2007-O-04, 4-24-2007)
The following uses and no other are permitted as of right in the residential districts:
(A)
Single-family detached dwellings.
(B)
Agriculture, subject to the following limitations:
1.
Use. The growing of crops shall be permitted as of right in the residential districts. Any other agricultural use shall require a special use permit pursuant to section 5-3-6 of this chapter.
2.
Minimum Acres Required. Commercial agriculture uses shall require a minimum of ten contiguous acres of lot area within the village.
3.
Location of Buildings or Structures. in all tracts of land devoted to agriculture uses, no building or other structure shall be situated or otherwise located within the setback area required by the terms of the zoning classification within which the lot is located. for example, if the lot is zoned in the R1 district, no buildings or other structures may be situated within 100 feet of the front yard as measured from the lot lines.
(C)
Open space.
(D)
Video gaming, provided that video gaming shall be limited to establishments holding a valid class V liquor license granted pursuant to title 3, chapter 2 of this code.
(Ord. No. 2007-O-04, 4-24-2007; Ord. No. 2016-O-02, 1-12-2016)
Accessory structures and uses are permitted in the residential districts subject to the provisions of section 5-9-1 of this title.
(Ord. No. 2007-O-04, 4-24-2007)
Home occupations are permitted in the residential districts subject to the provisions of section 5-9-2 of this title.
(Ord. No. 2007-O-04, 4-24-2007)
Temporary uses are permitted in the residential districts subject to the provisions of section 5-9-3 of this title.
(Ord. No. 2007-O-04, 4-24-2007)
The following uses may be permitted in the residential districts subject to the issuance of a special use permit as provided in section 5-11-17 of this title and subject to the additional standards hereinafter set forth:
(A)
Schools, elementary and high, including playgrounds and athletic fields incidental thereto, but only subject to the special procedures and standards for public assemblies set forth in section 5-9-12 of this title.
(B)
Religious facilities, but only subject to the special procedures and standards for public assemblies set forth in section 5-9-12 of this title.
(C)
Recreational clubs, excluding commercially operated driving ranges or miniature golf courses.
(D)
Planned unit developments, but only subject to the special procedures and standards set forth in section 5-11-18 of this title.
(E)
Utility service uses, including electric substations and above and below ground distribution systems, water filtration plants, pumping stations, and reservoirs, and sanitary sewage treatment facilities, subject to the following additional standards:
1.
Structure Appearance and Screening. All buildings and structures either shall have exteriors which give the appearance of a single-family residential structure or shall comply with the screening requirements applicable to nonresidential uses abutting a residential district pursuant to section 5-9-7 of this title.
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.
(F)
Public service uses, including, without limitation, the following:
1.
Fire and police stations.
2.
School bus shelters.
(G)
Expanded agricultural uses, subject to the limitations of section 5-9-10 of this title.
(H)
B&B's, subject to the limitations of section 5-9-11 of this title and provided that no such B&B shall be allowed in the R3 district.
(I)
Nursing homes.
(J)
Parks.
(K)
Personal wireless services antennas, but only subject to the special procedures and standards contained in section 5-9-6 of this title.
(Ord. No. 2007-O-04, 4-24-2007)
The parking requirements applicable in the residential districts are set forth in section 5-9-4 of this title.
(Ord. No. 2007-O-04, 4-24-2007)
The sign regulations applicable in the residential districts are set forth in section 5-9-5 of this title.
(Ord. No. 2007-O-04, 4-24-2007)
The requirements relating to buffer yards, landscaping, and screening of certain uses and structures in the residential districts are set forth in section 5-9-7 of this title.
(Ord. No. 2007-O-04, 4-24-2007)
(A)
One Principal Building per Lot. Not more than one principal detached residential building shall be located on a zoning lot; and no principal detached residential building shall be located on the same zoning lot with any other principal building.
(B)
Parking and Loading in Setbacks. No parking or loading area shall be permitted in any setback on a lot except for garage turnaround areas and driveways as permitted by section 7-1-1-5 of this code.
(C)
One Principal Use per Lot. Unless otherwise permitted expressly pursuant to a special use permit or planned unit development approval, not more than one principal use shall be located on a zoning lot, and each principal use shall be located entirely on a single zoning lot.
(Ord. No. 2007-O-04, 4-24-2007)
(A)
Purpose. The intent of this section is to ensure sufficient variety in detached single-family dwellings to prevent monotony, and to foster the quality and character of residential construction traditionally found in the village. At the same time, these regulations are designed to provide freedom for homeowners to design detached single-family dwellings that meet their needs and choices and to encourage creativity.
(B)
Mandatory Criteria. The following criteria shall apply to all new detached single-family dwelling construction:
1.
Similarity Regulated. No detached single-family dwelling may be similar to any other detached single-family dwelling along a street or cul-de-sac, or within 1,500 feet (as measured from lot line to lot line), whichever is more restrictive.
2.
Window, Door, and Trim. Each detached single-family dwelling shall have similar style and quality window, door, trim, and decorative moldings on all exterior building elevations of the detached single-family dwelling.
3.
Building Materials. Identical or substantially similar siding materials or veneers shall be used on all exterior sides of the detached single-family dwelling. This does not prohibit the use of veneers or changes of materials on a facade where, for example, materials might change at the second floor or at a windowsill height. Where a wing or projection of the building is offset, the wing or projection may use different materials to give it emphasis, provided the materials are applied to the entire wing or projection.
4.
Roof Overhangs. An important element of design is the shadow lines that are created by roofs and help articulate the building. Any detached single-family dwelling having a pitched roof shall have eaves that extend a sufficient distance to create shadow lines. A variety of overhangs is desired. The following standards shall apply:
(a)
Variety. Within a subdivision or planned unit development, the detached single-family dwellings shall have a variety of different roof overhang profiles.
(b)
Extension. The overhang of a detached single-family dwelling, not including gutters, shall extend at least eight inches beyond the plane of the wall.
(c)
Exception. The minimum overhang shall not apply to any individual detached single-family dwelling built in a historical style where overhangs were not part of the style (Cape Cod, for example) or in a unique individual design. The architectural board shall review the architectural plans for such dwellings.
5.
Garage Placement and Orientation. Within a particular subdivision or planned unit development, no more than 25 percent of garages may be front loads located at the front of the detached single-family dwelling. The following are preferred alternatives to front load garages, which alternatives are illustrated on appendix 1 on file in the village:
(a)
Side load garages.
(b)
Side loading front garages. These are garages located in wings in front of the principal facade or entrance facade.
(c)
Recessed front loading garages. Where the two car garage is in a wing that is recessed 20 feet or more behind the front elevation, it shall not be considered a front loaded garage.
(d)
Rear garages. These are either freestanding or attached garages that are located to the rear and that have the view from the street screened by a wing of the building.
(C)
Multiple Dwellings. An owner who builds more than one detached single-family dwelling must utilize four or more of the following techniques to avoid monotony and ensure quality:
1.
Roof Heights. Utilize dissimilar roof heights. One or a combination of the following shall be used to achieve the desired effect:
(a)
Vary the number of stories on adjoining lots.
(b)
Vary the roof pitches on otherwise similar detached single-family dwellings.
(c)
Vary the roofline height on the individual detached single-family dwelling. The number of stories can be varied on the dwelling. Where the width of the dwelling is changed, the roof can be stepped down even though the stories remain similar. Wings should be of different heights based on different stories or widths.
2.
Roof Orientation. Vary roof orientation so that the gable ends are oriented in a different direction than an otherwise similar detached single-family dwelling.
3.
Floor Plans. Utilize different floor plans with distinctive shapes, such as wings or elements that sharply contrast with adjoining dwellings or significant (at least 20 percent) changes in width of the central dwelling. Repetitive use of a similar form and floor plans having similar masses on different models is not permitted. A wing must protrude from the front of the building a minimum of eight feet to be considered a wing.
4.
Placement on Lots. Vary the location of the detached single-family dwellings in relation to the required front and side yard setbacks.
5.
Rotation or Flipping. Rotate the floor plan by 90 degrees or utilize a 180-degree flip combined with major differences in the plane of the front elevation.
6.
Lot Frontage and Size. Utilize significant variation in the width of detached single-family dwellings which results in clearly different modules of windows and doors.
7.
Architectural Style. Utilize different architectural styles for similar floor plans, which employ all the elements of a given style and are applied consistently throughout the dwelling.
8.
Architectural Details and Features. Utilize different details for the chimney, entrance, garage design, dormers, porches, and building materials to significantly alter the appearance of a detached single-family dwelling to make it visually very different.
(D)
Individual Review. The owner shall submit a separate plan for each detached single-family dwelling to the Building Superintendent for individual review and approval prior to issuance of a building permit. Applications shall include photos of the facades of the buildings or architectural elevations of existing dwellings along the same street or cul-de-sac or within 1,500 feet of the lot line of the proposed lot, whichever is more restrictive. The Building Superintendent may, when he deems it necessary to ensure compliance with this section, refer any such application to the Architectural Board for review and comments.
(E)
Appeals.
1.
If the Building Superintendent denies an application, the owner can appeal that decision to the Architectural Board within ten days of the denial by filing a written notice of appeal with the Village Clerk. The Architectural Board may affirm, modify, or reverse the decision of the Building Superintendent.
2.
The owner can appeal a decision of the Architectural Board to the Village Board within ten days of the denial by filing a written notice of appeal with the Village Clerk. The Village Board may affirm, modify, or reverse the decision of the Architectural Board.
3.
Any appeal under this subsection (E) shall be reviewed in light of the criteria in subsections (B) and (C) of this section and the purposes in subsection (A) of this section.
(F)
Responsibility. It is the responsibility of the owner to establish to the satisfaction of the Village that the application fully complies with the provisions of this section.
(G)
Deviations. for good cause shown, the Village Board may approve deviations from strict conformity with this section when the owner establishes to the satisfaction of the Village Board that any such deviations are reasonably necessary and are not contrary to the purpose and intent of this section.
(Ord. No. 2007-O-04, 4-24-2007)
The building height, lot, yard, floor area ratio, coverage, and spacing requirements applicable in the Residential Districts are set forth in the following table. Footnote references appear at the end of the table.
Exceptions and Explanatory Notes:
1.
Height Limitation for Accessory Structures. The maximum building height of any accessory structure shall be 15 feet unless otherwise permitted pursuant to section 5-9-1 of this title.
2.
Nonconforming Lots. See section 5-10-5 of this title for lot requirements with respect to legal nonconforming lots of record.
3.
Permitted Obstructions in Required Yards. See section 5-9-8 of this title for certain structures and uses that may be located in certain required yards.
4.
Special Conservancy Area and Scenic Corridor Setbacks. Special setbacks for conservancy areas and scenic corridor areas established in title 7 of this Code shall control over the yard and setback requirements established in this table.
5.
Rear Yard Regulations for Certain Accessory Structures and Uses. Accessory structures and uses (except for tennis courts, playing courts, swimming pools, and guesthouses) may be located in required rear yards, provided the accessory structure or use is located not less than 30 feet from any lot line.
6.
Maximum Floor Area. The maximum floor area for a lot in any of the Residential Zoning Districts shall be calculated based on the lot area. The calculation of lot area will exclude 50 percent of the wetlands and Conservancy District areas on a lot, except in the cases of: a) lots in planned unit developments to which the 50 percent exclusion under subsection 5-11-18(E)2(m)(1) of this title has been applied; b) any lot that had been improved with a single-family detached dwelling prior to February 24, 2009; or c) any lot created as part of a plat of subdivision approved prior to February 24, 2009.
(a)
For any lot that meets all of the setback requirements for the underlying zoning district, the maximum floor area is set forth in the following chart:
(b)
For any lot in any of the Residential Zoning Districts that does not meet one or more of the setback requirements for the underlying zoning district, the maximum floor area is set forth in the following chart:
The maximum floor area restrictions contained in this paragraph (b) do not apply to any lot that either: 1) is developed with a single-family dwelling unit as of February 24, 2009; 2) is part of an approved planned unit development or subdivision as of February 24, 2009; or 3) is part of an approved planned unit development within a woodland conservancy area for which specific building boxes are prescribed on the plat for purposes of preserving the wooded character of the development. These lots will be subject to the maximum floor area restrictions contained in the chart set forth in paragraph (a) of this note.
(c)
No variance or other relief shall be granted from this note 6 except as permitted in an approved planned unit development pursuant to section 5-11-18 of this title.
7.
Maximum Impervious Surface Coverage.
(a)
Public Safety Uses. in the R1 and R2 Districts only, a local governmental use designed to provide public safety services directly to the residents of the Village, limited to a fire station, police station, or similar Municipal use, may exceed the maximum impervious surface coverage restriction pursuant to a special use permit; provided that the owner must demonstrate that the proposed increase in the maximum impervious surface coverage will: a) satisfy all of the standards for a special use permit set forth in section 5-11-17 of this title; b) enhance the capability of the local governmental unit to serve the Village and its residents; and c) not adversely impact stormwater drainage for the lot subject to the special use permit, any adjacent lot, or existing stormwater management facilities.
(b)
Decks and Patios. on residential lots in the R1, R2, and R3 Districts that are less than 0.5 acres in size, the first 400 square feet of the area of a deck or patio on such lot shall be excluded from the calculation of the maximum impervious surface coverage restriction; provided, however, that in no event may the total impervious surface coverage on such lot (including the area of otherwise excludable decks and patios) exceed 45 percent unless authorized by variation.
8.
Setback for Portion of R-2 District. The setbacks in the Country Club Estates Subdivision, as identified on the Zoning Map in the R-2 District shall be: for side yards, 30 feet; for rear yards, 30 feet; and for front yards, 75 feet, except that existing residences with a lesser front yard setback shall be considered lawful nonconformities and additions or modifications to, or replacement of, the existing residences are authorized without further variation, so long as such additions, modifications, or replacements do not further encroach beyond the existing front building line into the front yard setback (as determined by a then current survey) or any side yard setbacks.
(Ord. No. 2009-O-07, 3-10-2009; Ord. No. 2012-O-28, 10-9-2012; Ord. 2019-O-01, 1-8-2019)