The residential districts set forth herein are established in order to protect public health and promote public safety, convenience, comfort, morals, prosperity and welfare. These general goals include, among others, 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 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 regulation 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 windows thereof.

   (E)   To promote public comfort and welfare by providing for usable open space on the same 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 and desirable development and to protect the value of land and improvements and so strengthen the economic base of the city. (Ord. 233, 7-3-1978)

The following uses shall be permitted:

Accessory buildings, as defined in section 9-2-1 of this title and regulated by section 9-1-11 of this title; provided, however, that no pole type building or metal buildings, whether accessory or otherwise, shall be constructed within an R-1 district; and further provided, however, that no accessory building shall be constructed within five feet (5') of the rear lot line.

Churches.

Convents, monasteries, rectories or parish houses, to be occupied by not more than fifteen (15) persons.

Home occupations as defined in chapter 2 of this title.

Off street parking facilities as required or permitted by chapter 10 of this title.

One-family detached dwellings.

Temporary buildings and uses for construction purposes for a period not to exceed one year; provided, however, that said temporary buildings and uses receive the prior approval of the plan commission 1 .

Transitional uses. Principal offices of physicians, dentists, lawyers, architects, real estate brokers and other professional occupations, when conducted in a residential structure used primarily as a home and when located on lots having a side lot line adjoining a lot in a business or manufacturing district; or in lots having a side lot line adjacent to a railroad right of way or directly across a street or alley from a business or manufacturing district; provided that:

   (A)   The lot on which the transitional use is located does not extend more than seventy five feet (75') from the adjoining business or manufacturing district or more than one hundred twenty feet (120') in depth from the street line in cases where the lot does not adjoin but faces a B or M district.

   (B)   The home occupations are conducted in conjunction with the use of a dwelling unit as a home by the occupant thereof, and that the residential character of the exterior of the dwelling is not changed. Medical clinics are not permitted or included.

Truck gardening and other horticultural uses where no building is involved and when no sale of products is conducted on the premises. (Ord. 233, 7-3-1978; amd. Ord. 361, 6-5-1989; Ord. 523, 7-1-2002)

The maximum height of buildings permitted shall be as follows:

   (A)   One-family detached dwellings: Twenty five feet (25') and not over two and one-half (21/2) stories.

   (B)   Church: Seventy five feet (75') for towers or steeples, but not more than forty five feet (45') for the main structures. (Ord. 233, 7-3-1978)

   (A)   Every one-family detached dwelling hereafter erected or structurally altered shall be on a lot having an area of not less than eight thousand five hundred (8,500) square feet and a width at the established building line of not less than sixty feet (60').

   (B)   Churches, convents and monasteries hereafter erected or structurally altered shall be on a lot having an area of not less than ten thousand (10,000) square feet and a width at the building line of not less than seventy five feet (75'). (Ord. 233, 7-3-1978)

No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:

   (A)   Front Yard: Each lot upon which a dwelling is constructed shall have a front yard of not less than twenty five feet (25'). Where lots comprising forty percent (40%) of the frontage between two (2) intersecting streets are developed with buildings having front yards with a variation of more than fifteen feet (15') in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage. In no case shall a front yard of more than fifty feet (50') be required.

   (B)   Side Yard: On each lot upon which a dwelling is constructed there shall be a side yard on each side of not less than ten feet (10'). The combined total of the side yards for interior lots shall not be less than fifteen feet (15') and the combined total of the side yards for corner lots shall not be less than fifteen feet (15'). On corner lots there shall be maintained a side yard of not less than ten feet (10') on the side adjacent to the street which intersects the street upon which the building or structure maintains frontage, and in the case of a reversed corner lot, there shall be maintained a setback from the side street of not less than fifty percent (50%) of the front yard required on the lots in the rear of such corner lots, but such setback need not exceed fifteen feet (15'). No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, not be located nearer than five feet (5') to the side lot line of said adjacent lot.

On lots upon which a church is constructed or extensions made to an existing church, there shall be a side yard of not less than ten feet (10') on each side of the main structure and a combined total of side yards of not less than twenty five feet (25').

   (C)   Rear Yard: Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than thirty feet (30'). (Ord. 233, 7-3-1978)

The following shall not be considered as obstructions when located on or within yards within residentially zoned areas:

Arbors and trellises.

Awnings and canopies.

Breezeways and open porches (rear yards only).

Chimneys, not exceeding two percent (2%) of the width of the yards.

Fences or walls not over six feet (6') in height (rear yard, and side yard from the rear point of side wall of principal building establishing said side yard); provided however, that the posts and wooden braces face the yard being enclosed.

Open parking areas.

Open terraces.

Steps not over four feet (4') in height. (Ord. 739, 8-6-2012)

No singlewide or doublewide modular home shall be permitted in any R-1 one-family dwelling district. (Ord. 392, 8-17-1992)

The two-family attached residential district R-2 is hereby established to provide for an environment of predominately two- family attached dwellings with certain additional compatible uses which serve the residents living in the district. The R-2 district is also established to implement the purpose and intent for residential districts where provision for compatible community facilities and services are available. (Ord. 529, 11-4-2002)

To achieve the purpose of the R-2 two-family district, it shall be the policy of the city of Momence to:

   (A)   So locate R-2 districts to other districts nearby or adjacent to available municipal police and fire protection so as to protect these residential areas from the danger of fire, explosion, or noxious fumes and the irritations of offensive odors, noise, smoke, vibrations, glares, or other threats to health and well being.

   (B)   So locate R-2 districts where paved roads meeting current city standards may serve the residents providing convenience and safety in transportation where mobility is not impeded and where hazards and the intensity or potential for accidents are avoided or minimized. (Ord. 529, 11-4-2002)

   (A)   Residential Uses:

One-family detached dwellings.

Two-family attached dwellings. Any dwelling constructed for the purpose of or with the potential to be subdivided for individual ownership shall complete the process of subdividing the lot (as specified under city subdivision regulations) prior to certificate of compliance being issued for either unit. Such process shall be required even in the instance where one owner intends to own and maintain the entire property and both units, whether owner occupied or not. The lot shall be equally divided down the common wall by a single straight line from the lot front to the lot rear property line.

   (B)   Public, quasi-public, and governmental buildings and facilities:

Churches and other places of worship.

Municipal buildings.

Public and parochial schools.

Public libraries.

Public parks, public playgrounds and public community center buildings. (Ord. 529, 11-4-2002)

The following uses shall be permitted only if specifically authorized by the city council:

Clubhouses, country clubs, public or private golf courses, tennis clubs, swimming pools, and similar recreational uses.

Nursery schools and daycare centers, when accessory to the principal residence on the premises.

One detached accessory shed, tool room or similar building or structure used for domestic storage shall be permitted per each individual dwelling unit, under the specifications and within the requirements as defined in chapter 1 of this title.

Public utility buildings and structures. (Ord. 529, 11-4-2002)

Upon application to and issuance by the building inspector of a permit, the following uses may be operated as temporary uses:

Temporary building, trailer, or yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of both building or yard and the area of permitted operation. Within any development, each such permit shall be valid for a period of six (6) calendar months and shall not be renewed for more than one additional period.

Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each such permit shall be valid for a period of not more than one year and shall not be renewed for more than five (5) successive periods at the same location. (Ord. 529, 11-4-2002)

Accessory uses, buildings, or other structures customarily incidental to and commonly associated with a principal or conditioned permitted use may be permitted, provided they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade, or industry.

Garages, carports, or other parking spaces for the exclusive use of residential occupants of the premises, but only in the event that an attached garage has not been provided.

Gardening, raising of plant material, fruits, and vegetables.

Home occupations.

Keeping of household pets exclusively for the use of personal enjoyment of residents of the premises and not for commercial purposes.

Real estate signs in accordance with the applicable regulations of chapter 9 of this title.

Swimming pools, exclusively for the use of the residents and their guests, and in accordance with title 4, chapter 4 of this code. (Ord. 529, 11-4-2002)

All uses not expressly authorized in sections 9-4-3-3 through 9-4-3-6 of this chapter, inclusively. (Ord. 529, 11-4-2002)

   (A)   Minimum Lot Area: A separate ground area of not less than twelve thousand (12,000) square feet shall be designated, provided, and continuously maintained for each parcel containing a permitted or special use. Attached two-family lots that are subdivided for individual ownership shall provide half of the lot area for each dwelling, but in no case shall this area be less than six thousand (6,000) square feet per unit.

   (B)   Minimum Lot Width: A minimum lot width of one hundred feet (100') shall be provided for each parcel containing a permitted or special use. Corner lots shall have a minimum lot width of one hundred twenty feet (120'). Attached two-family lots that are subdivided for individual ownership shall divide the width of the lot equally, but in no case shall this width be less than fifty feet (50') per unit.

   (C)   Minimum Lot Depth: A minimum lot depth of one hundred twenty feet (120') shall be provided for each parcel containing a permitted or special use. Reverse corner or double frontage lots shall have a minimum lot depth of one hundred fifty feet (150').

      1.   Angular lots in R-2 zones shall be a minimum of seventy feet (70') measured at the building setback line.

   (D)   Yards:

      1.   Front Yard: All structures shall be set back at least twenty five feet (25') from the front lot line. Maximum setback shall be twenty five feet (25') plus ten percent (10%) of the average depth of the lot.

      2.   Side Yard: All structures shall be set in from the side lot line a distance not less than ten feet (10') or ten percent (10%) of the lot width, whichever is greater. Attached two-family dwellings that share a common wall shall be interpreted to have an approved zero foot (0') side yard at the common wall side of the principal building only.

      3.   Rear Yard: All principal structures shall be set in a distance of not less than thirty feet (30') from the rear property line.

      4.   Accessory Building: No accessory building shall be built within five feet (5') of the rear lot line.

   (E)   Maximum Height: No principal structure shall exceed thirty five feet (35') in height, no detached garage shall exceed fifteen feet (15'), or the height of the principal structure, whichever is less.

   (F)   Floor Area Ratio: Not to exceed fifty percent (50%).

   (G)   Minimum Size Of Dwelling: Each attached dwelling unit, and any other structure occupied in whole or in part for residential purposes, shall contain as least one thousand one hundred (1,100) square feet of livable floor area, exclusive of garages and any story below grade. Each residential unit shall be required to have an attached garage having space for storage of a minimum of one passenger automobile. The maximum area of such attached garage may not exceed three hundred (300) square feet or thirty three percent (33%) of the total square footage of livable floor area, whichever is greater.

   (H)   Maximum Lot Coverage: Principal building not to exceed thirty percent (30%). Accessory structures not to exceed ten percent (10%).

   (I)   Maximum Area Coverage: Including all buildings, structures, sidewalks, parking areas or other hard surface not to exceed sixty percent (60%).

   (J)   Common Wall Construction: The common wall constructed to divide the building and create separate dwelling units shall be a solid, UL approved fire separation wall, extending from its footing below grade to the underside of floor/roof, containing no plumbing or electrical work. (Ord. 529, 11-4-2002)

   (A)   Parking Requirements: In accordance with the applicable regulations set forth in title 8 of this code.

   (B)   Sign Regulations: In accordance with the applicable regulations set forth in chapter 9 of this title.

   (C)   Tents: Tents shall not be erected, used, or maintained on any lot, except such tents that are customarily used for temporary recreational purposes.

   (D)   Residential Driveways: Shall be constructed of asphalt or concrete and meet the conditions set forth in chapter 10 of this title.

   (E)   Recreational Vehicles: Recreational vehicles shall be parked or stored only in accordance with the requirements of section 8-5-4 of this code. (Ord. 529, 11-4-2002)

The following uses shall be permitted:

Any use permitted in the R-2 two-family dwelling district.

Boarding and lodging houses.

Condominiums.

Multiple-family dwellings and apartments.

Offices of physicians, dentists, lawyers, architects, real estate brokers and other professional occupations including funeral homes when conducted in a residential structure providing the residential character of the building is not altered extensively. (Ord. 647, 5-5-2008)

No building shall hereafter be erected or structurally altered to exceed three (3) stories nor shall it exceed forty five feet (45') in height. (Ord. 233, 7-3-1978)

No building hereafter erected or structurally altered in the R-3 multiple-family dwelling district shall have a total lot area of less than eight thousand five hundred (8,500) square feet, nor have a total lot width of less than sixty feet (60'). Every building hereafter erected or structurally altered as a multiple- family dwelling or more than two (2) dwelling units shall provide a lot area per dwelling unit of one thousand five hundred (1,500) square feet. (Ord. 233, 7-3-1978)

No building or structure or the enlargement of any building or structure shall be hereafter erected or maintained unless the following yards and lot areas are provided and maintained in connection with such structure or enlargement:

   (A)   Front Yard: For multiple-family dwellings, there shall be a front yard of not less than twenty feet (20'). For two-family dwellings and one-family dwellings, the same regulations shall apply as required in the R-1 district.

   (B)   Side Yard:

      1.   Multiple-Family Dwellings: On interior lots there shall be a side yard on each side of a principal building of not less than ten feet (10') and a combined total of side yards of not less than twenty feet (20') for all multiple-family dwellings of not more than two (2) stories in height. For each additional story added above the two (2) stories, the side yard on each side of the main building shall be increased two feet (2') in width. On corner lots, the side yard on the intersecting street side shall be not less than ten feet (10'), except in the case of a reversed corner lot of not less than fifty percent (50%) of the front yard required on the lots in the rear of such corner lot. No accessory building on said reversed corner lot shall project beyond the front line required on the adjacent lot to the rear nor be located nearer than five feet (5') to the side lot line of such adjacent lot.

      2.   One-Family Dwellings: The same regulations shall apply as required in the R-1 district.

      3.   Two-Family Dwellings: The same regulations shall apply as required in the R-1 district.

      4.   Converted Dwellings: The same regulations shall apply as required in the R-1 district.

   (C)   Rear Yard: For multiple-family dwellings there shall be a rear yard of not less than twenty five feet (25') for interior lots nor less than fifteen feet (15') for corner lots. For other type dwellings, the same rear yard regulation shall apply as required in the R-1 district. (Ord. 233, 7-3-1978)

The same regulations shall apply as required or permitted in the R-1 district. (Ord. 233, 7-3-1978)

No singlewide or doublewide modular home shall be permitted in any R-3 multiple-family dwelling district. (Ord. 392, 8-17-1992)

Antennas accessory to permitted uses are hereby authorized as specified hereunder. All antennas, whether authorized as a permitted or special use, are subject to the following requirements:

   (A)   In any residential district, roof mounted accessory antennas may be erected to a maximum height of thirty five feet (35') above the maximum permissible height of the building on which it is located and one accessory ground mounted satellite earth station may be erected to a maximum height of twelve feet (12') above ground level, provided:

      1.   The diameter of the satellite earth station shall not exceed ten feet (10').

      2.   The satellite earth station may only be located in a rear yard and must comply with all setback requirements for the zoning district in which it is located.

      3.   The satellite earth station shall be painted a solid neutral color, shall exhibit no alphabetical information and shall be located on a cement pad not less than four feet by four feet (4' x 4') in length and width.

   (B)   No satellite earth station or microwave relay antenna may be located on any roof except as follows:

      1.   Satellite earth stations and microwave relay antennas shall not be clearly visible from any parcel lying along an adjoining street that is zoned R-1, R-2 or R-3.

      2.   Roof mounted satellite earth stations or microwave relay antennas shall not exceed four feet (4') in diameter.

      3.   Roof mounted satellite earth stations and microwave relay antennas and their accompanying support structures shall be painted a solid neutral color and shall not exhibit any advertising.

      4.   Satellite earth stations and microwave relay antennas which are mounted on a roof surface shall require a building permit to ensure compliance with the city's building code and to ensure the structural integrity of the subject roof. (Ord. 384, 5-4-1992)

The residential zoning district E-1 is hereby established to further the use of lands optimally suited to neither prime agricultural nor high density urban uses because of location, topography, soil characteristics, wetness, vegetation, or other natural or man induced factors and where portions of the land may be kept open to protect and conserve hilly areas, wetlands, prairies, wooded regions and other unique areas for the public benefit and perpetuation of the diversity of natural ecosystems.

   (A)   To provide lands for large lot single-family residential uses which are the optimum use to topography, soils, natural characteristics, manmade features, and/or location and existing uses.

   (B)   To provide the opportunity to keep horses, or other large animals, and the right to practice in a limited manner agriculture, floriculture, horticulture, cultivation of field or garden crops, and similar related activities, but within the limits of smaller lots. (Ord. 620, 12-18-2006)

To achieve the purpose of the residential E-1 estate district, it shall be the policy of the city to:

   (A)   Foster uses where adequate police and fire protection are available.

   (B)   Allow a minimum of one acre lots and maximum five (5) acre lots for single-family residential uses and other permitted compatible uses where each domicile may be served by an on site sewage disposal system until such time as municipal services are available.

   (C)   Zone E-1 lands least adaptable for sustained long term agriculture uses and/or least suitable for dense urbanized development because of location, topography, geology, soil types, hydrologic characteristics, or other natural features of the land. (Ord. 620, 12-18-2006)

No land shall be used or occupied and no building, structure, or premises shall be erected, altered, enlarged, occupied, or used, except as otherwise provided in this title for other than one or more of the following specified uses:

Agricultural uses:

Gardening and general farming, for private use only, but not including poultry and livestock.

Greenhouses for private use only.

Nurseries for private use only.

Public, quasi-public, and governmental buildings and facilities:

Churches and other places of worship.

Municipal buildings.

Public and parochial schools.

Public parks, public playgrounds and public community center buildings.

Residential uses:

Single-family detached dwellings. (Ord. 620, 12-18-2006)

The following uses shall be permitted only if specifically authorized by the city council and the planning commission:

Cemeteries.

Clubhouses, country clubs, public or private golf courses, tennis clubs, swimming pools, and similar recreational uses.

Horses, but not more than one per acre, and housed in a barn at least one hundred feet (100') from any property line. Horses shall not be grazed in a front or side yard, and overgrazing is prohibited. Approval of the construction of said barn shall also be part of the special use application. Adequate trailways or exercise facilities must be demonstrated.

Larger dimensions for the one allowed detached garage or portion of principal building designed, arranged, used, or to be used for the storage of automobiles of the occupants of the premises, per principal building with approval of the planning commission and the city council.

Nursery schools, day schools, and childcare centers.

One detached accessory shed, toolroom or similar building or structure used for domestic storage, per principal building with approval by the planning commission and the city council.

Public utility buildings and structures. (Ord. 620, 12-18-2006)

Upon approval of an application by the planning commission and city council, a permit may be issued for the following temporary uses:

Temporary building, trailer, or yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of both building or yard and the area of permitted operation. Within any development, each such permit shall be valid for a period of six (6) calendar months and shall not be renewed for more than one additional period.

Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each such permit shall be valid for a period of not more than one year and shall not be renewed for more than two (2) successive periods at the same location. (Ord. 620, 12-18-2006)

Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditioned permitted use may be permitted, provided they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade, or industry.

Garages, carports, or other parking areas for the exclusive use of the resident occupants of the premises, but subject to the requirements of section 9-1-11 of this title.

Gardening, greenhouse, and other facilities for raising of plant materials, fruits, and vegetables.

Real estate signs in accordance with the applicable regulations of chapter 9 of this title.

Swimming pools, in accordance with the applicable regulations set forth in title 4, chapter 4 of this code. (Ord. 620, 12-18-2006)

All uses not expressly authorized in sections 9-4-6-3 through 9-4-6-6 of this chapter are prohibited. (Ord. 620, 12-18-2006)