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Milan City Zoning Code

CHAPTER 9

RESIDENCE DISTRICTS

11-9A-1: PURPOSE:

The R-1 district is established in order to protect public health and promote public safety, convenience, comfort, morals, prosperity, and welfare. These general goals include, but are not limited to, the following specific purposes:
   A.   To protect residential areas against fire, explosion, noxious fumes, offensive noise, smoke, vibrations, dust, odors, heat, glare, and other objectionable factors.
   B.   To protect residential areas to the greatest extent possible and appropriate in each area against unduly heavy motor vehicle traffic, especially through traffic, and to alleviate congestion by promoting off street parking.
   C.   To protect residential areas against undue congestion of public streets and other public facilities by controlling the density of population through regulations of the bulk of buildings.
   D.   To protect and promote the public health and comfort by providing for ample light and air to buildings and the windows thereof.
   E.   To promote public comfort and welfare by providing for usable open space on the same zoning lot with residential development.
   F.   To provide sufficient space in appropriate locations to meet the probable need for future residential expansion and to meet the need for necessary and desirable services in the vicinity of residences which increase safety and amenity for residents and which do not exert objectionable influences.
   G.   To promote the best use and development of residential land in accordance with a comprehensive land use plan, to promote stability of residential development and protect the character of desirable development, and to protect the value of land and improvements and so strengthen the economic base of the village. (Ord. 1301, 3-15-2004)

11-9A-2: PERMITTED PRINCIPAL USES:

Care home, small residential.
Daycare home.
Essential services and municipal administrative or public service buildings not less than eighty feet (80') from any lot line.
Existing railroad right of way, but not switching storage or freight yards or sidings.
Foster family homes.
Municipal fire and police station.
One-family detached dwellings.
Public parks and playgrounds.
Unrelated group family uses.
Any other similar uses deemed to be consistent by the zoning officer. (Ord. 1301, 3-15-2004)

11-9A-3: PERMITTED ACCESSORY USES:

Daycare home licensed by the state of Illinois and with an occupancy permit.
Living quarters for persons employed on the premises.
"Minor home occupations", as defined in subsection 11-4-12B of this title.
Private office of lawyer, architect, or engineer within their own dwelling.
Other uses incidental to a permitted use. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

11-9A-4: SPECIAL USES:

The following uses may be allowed as special uses only upon approval by the village board after public hearing and recommendation by the planning commission. (See Chapter 3, Article A of this Title for special use permit application procedures.)
   Community Center.
   “Daycare Home,” as defined in Section 11-2-1, but which serves between nine (9) and twelve (12) children.
   “Major Home Occupation,” as defined in subsection 11-4-12A.
   Municipal buildings and libraries.
   Off-street parking facilities for permitted uses and/or uses permitted upon review of the zoning officer.
   Outdoor recreational facilities such as golf courses, country clubs, and tennis courts.
   Public and parochial schools and churches not less than twenty feet (20') from any lot in an R district.
   Wind and Solar Farms.
   Utility Stations without service yards or storage.
   Any other similar uses deemed to be consistent.
(Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010; Ord. 1542, 10-17-2011; Ord. 1785, 7-1-2024)

11-9A-5: HEIGHT REGULATIONS:

   A.   No principal structure shall exceed two and one-half (21/2) stories or thirty five feet (35') in height.
   B.   No accessory structure shall exceed one story, fifteen feet (15') in height, except as provided in section 11-5-2 of this title. (Ord. 1301, 3-15-2004)

11-9A-6: LOT AND YARD REQUIREMENTS:

The following minimum requirements shall be observed:
 
Number Of Stories
Lot Area
(Square Feet)
Lot Width
Front Yard Depth
Least Side Yard Width
Side Yard Sum Width
Rear Yard Depth
1 to 11/2
7,500
75'
25'
8'
20'
35'
2 to 21/2
7,500
75'
25'
10'
20'
35'
 
(Ord. 1301, 3-15-2004)

11-9B-1: PERMITTED PRINCIPAL USES:

Any permitted use in an R-1 district.
Any other similar uses deemed to be consistent by the zoning officer. (Ord. 1301, 3-15-2004)

11-9B-2: PERMITTED ACCESSORY USES:

Any permitted accessory use in an R-1 district.
Other uses incidental to a permitted use. (Ord. 1301, 3-15-2004)

11-9B-3: SPECIAL USES:

The following uses may be allowed as special uses only upon approval by the village board after public hearing and recommendation by the planning commission. See chapter 3, article A of this title for special use permit application procedures.
Any use authorized by the zoning officer in an R-1 district.
Dwelling groups.
Any other similar uses deemed consistent. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

11-9B-4: HEIGHT REGULATIONS:

   A.   No principal structure shall exceed two and one-half (21/2) stories or thirty five feet (35') in height.
   B.   No accessory structure shall exceed one story, fifteen feet (15') in height, except as provided in section 11-5-2 of this title. (Ord. 1301, 3-15-2004)

11-9B-5: LOT AND YARD REQUIREMENTS:

The following minimum requirements shall be observed:
 
Number Of Stories
Lot Area
(Square Feet)
Lot Width
Front Yard Depth
Least Side Yard Width
Side Yard Sum Width
Rear Yard Depth
1 to 21/2
5,000
50'
25'
5'
12'
30'
 
(Ord. 1301, 3-15-2004)

11-9C-1: PERMITTED PRINCIPAL USES:

All permitted uses in an R-2 district.
Two-family dwellings.
Any other similar uses deemed to be consistent by the zoning officer. (Ord. 1301, 3-15-2004)

11-9C-2: PERMITTED ACCESSORY USES:

Any permitted accessory use in an R-2 district. (Ord. 1301, 3-15-2004)

11-9C-3: SPECIAL USES:

The following uses may be allowed as special uses only upon approval by the village board after public hearing and recommendation by the planning commission. See chapter 3, article A of this title for special use permit application procedures.
Bed and breakfast inns.
Boarding and lodging houses.
Small SECS.
Small WECS.
Any other similar uses deemed to be consistent. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010; Ord. 1542, 10-17-2011)

11-9C-4: HEIGHT REGULATIONS:

No principal structure shall exceed two and one-half (21/2) stories or thirty five feet (35') in height, and no accessory structure shall exceed one story, fifteen feet (15') in height, except as provided in section 11-5-2 of this title. (Ord. 1301, 3-15-2004)

11-9C-5: LOT AND YARD REQUIREMENTS:

The following minimum requirements shall be observed:
 
Number Of Stories
Lot Area
(Sq. Ft.)
Lot Area
Per Family
(Sq. Ft.)
Front Lot Width
Front Yard Depth
Least Side Yard Width
Side Yard Sum
Rear Yard Depth
1 to 11/2
5,000 - single
3,000
50'
25'
6'
15'
30'
6,000 - duplex
2 to 21/2
5,000 - single
3,000
50'
25'
8'
20'
30'
6,000 - duplex
 
(Ord. 1301, 3-15-2004)

11-9D-1: PERMITTED PRINCIPAL USES:

All permitted uses allowed in an R-3 district.
Boarding and lodging houses.
Public and parochial schools and churches not less than twenty feet (20') from any lot in an R district.
Any other similar uses deemed to be consistent by the zoning officer. (Ord. 1301, 3-15-2004)

11-9D-2: PERMITTED ACCESSORY USES:

All permitted accessory uses in an R-3 district.
Other uses incidental to a permitted use. (Ord. 1301, 3-15-2004)

11-9D-3: SPECIAL USES:

The following uses may be allowed as special uses only upon approval by the village board after public hearing and recommendation by the planning commission. See chapter 3, article A of this title for special use permit application procedures.
Any use authorized by the zoning officer in an R-3 district.
Care home, large residential.
Daycare centers licensed by the state of Illinois.
Halfway house/group home.
Nursing homes at least fifty feet (50') from any lot line.
Parking lots accessory to uses in an adjoining or less restrictive district when abutting or directly across an alley.
Private clubs, lodges, and union halls.
Any other similar uses deemed to be consistent. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

11-9D-4: HEIGHT REGULATIONS:

No principal structure shall exceed two and one-half (21/2) stories or thirty five feet (35') in height, and no accessory structure shall exceed one story, fifteen feet (15') in height, except as provided in section 11-5-2 of this title. (Ord. 1301, 3-15-2004)

11-9D-5: LOT AREA AND YARD REQUIREMENTS:

The following minimum requirements shall be observed along with buffer yard requirements as described in section 11-22-3 of this title:
 
Number Of Stories
Minimum Lot Area
(Sq. Ft.)
Lot Area Per Family (Sq. Ft.)
Front Lot Width
Front Yard Depth
Least Side Yard Width
Side Yard Sum
Rear Yard Depth
1 to 11/2
5,000
2,000
50'
25'
6'
15'
30'
2 to 21/2
5,000
2,000
50'
25'
8'
20'
30'
 
(Ord. 1301, 3-15-2004; amd. 2011 Code)

11-9E-1: PERMITTED PRINCIPAL USES:

All permitted uses in an R-4 district.
Dwellings, multiple-family.
Any other similar uses deemed to be consistent by the zoning officer. (Ord. 1301, 3-15-2004)

11-9E-2: PERMITTED ACCESSORY USES:

Any permitted accessory use in an R-4 district.
Other uses incidental to a permitted use. (Ord. 1301, 3-15-2004)

11-9E-3: SPECIAL USES:

The following uses may be allowed as special uses only upon approval by the village board after public hearing and recommendation by the planning commission. See chapter 3, article A of this title for special use permit application procedures.
Any use authorized by the zoning officer in an R-4 district.
Any other similar use deemed to be consistent. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

11-9E-4: HEIGHT REGULATIONS:

   A.   No principal structure shall exceed six (6) stories or seventy five feet (75') in height at the required front, side and rear yard lines, other than as provided in section 11-5-2 of this title.
   B.   No accessory building shall exceed one story or fifteen feet (15') in height, except as provided in section 11-5-2 of this title. (Ord. 1301, 3-15-2004)

11-9E-5: LOT AREA AND YARD REQUIREMENTS:

The following minimum requirements shall be observed along with buffer yard requirements as described in section 11-22-3 of this title:
 
Number Of Stories
Minimum Lot Area
(Sq. Ft.)
Required Lot Area Per Family For Multi-Family Structures
(Sq. Ft.)
Front Lot Width
Front Yard Depth
Least Side Yard Width
Side Yard Sum
Rear Yard Depth
1
n/a
2,000
50'
30'
6'
12'
30'
2
n/a
2,000
50'
30'
6'
15'
30'
3
n/a
2,000
50'
30'
8'
20'
35'
4
n/a
2,000
50'
30'
10'
25'
40'
5
n/a
2,000
50'
30'
12'
30'
45'
6
n/a
2,000
50'
30'
14'
35'
50'
 
(Ord. 1301, 3-15-2004)

11-9F-1: PERMITTED PRINCIPAL USES:

Any permitted use in an R-5 district.
Housing designed for the elderly.
Any other similar uses deemed to be consistent by the zoning officer. (Ord. 1301, 3-15-2004)

11-9F-2: PERMITTED ACCESSORY USES:

Any permitted accessory use in an R-5 district.
Other uses incidental to a permitted use. (Ord. 1301, 3-15-2004)

11-9F-3: SPECIAL USES:

The following uses may be allowed as special uses only upon approval by the village board after public hearing and recommendation by the planning commission. See chapter 3, article A of this title for special use permit application procedures.
Any use authorized by the zoning officer in an R-5 district.
Any other similar use deemed to be consistent. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

11-9F-4: HEIGHT REGULATIONS:

   A.   No principal structure shall exceed twelve (12) stories or one hundred fifty feet (150') in height at the required front, side and rear yard lines, other than as provided in section 11-5-2 of this title.
   B.   No accessory building shall exceed one story or fifteen feet (15') in height. (Ord. 1301, 3-15-2004)

11-9F-5: LOT AREA AND YARD REQUIREMENTS:

The following minimum requirements shall be observed along with buffer yard requirements as described in section 11-22-3 of this title:
Number Of Stories
Minimum Lot Area
(Sq. Ft.)
Required Lot Area Per Family For Multi-Family Structures
(Sq. Ft.)
Front Lot Width
Front Yard Depth
Least Side Yard Width
Side Yard Sum
Rear Yard Depth
Number Of Stories
Minimum Lot Area
(Sq. Ft.)
Required Lot Area Per Family For Multi-Family Structures
(Sq. Ft.)
Front Lot Width
Front Yard Depth
Least Side Yard Width
Side Yard Sum
Rear Yard Depth
1
n/a
2,000
50'
30'
6'
12'
30'
2
n/a
2,000
52'
30'
6'
12'
30'
3
n/a
2,000
55'
30'
8'
16'
35'
4
n/a
2,000
65'
30'
10'
22'
40'
5
n/a
2,000
75'
30'
12'
27'
45'
6
n/a
2,000
85'
30'
14'
33'
50'
7
n/a
2,000
95'
30'
18'
42'
55'
8
n/a
2,000
105'
30'
22'
51'
60'
9
n/a
2,000
115'
30'
26'
60'
65'
10
n/a
2,000
125'
30'
30'
69'
70'
11
n/a
2,000
135'
30'
34'
78'
75'
12
n/a
2,000
150'
30'
38'
87'
80'
 
(Ord. 1301, 3-15-2004; amd. 2011 Code)

11-9G-1: PERMITTED PRINCIPAL USES:

Foster family homes.
Mobile home parks (see mobile home ordinance of the village).
Unrelated group family uses.
Any other similar uses deemed to be consistent by the zoning officer. (Ord. 1301, 3-15-2004)