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Monee City Zoning Code

CHAPTER 7

RESIDENTIAL DISTRICTS

11-7-1: GENERAL PROVISIONS:

   A.   Statement Of Purpose: The requirements for each district mentioned in this chapter contain a statement of purpose, detailing the intent and any special requirements for each district.
   B.   Permitted Uses: Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the districts indicated under the conditions specified. Any use not listed as a permitted use may be permitted if the board of trustees, by a two-thirds (2/3) vote, affirms that the nonlisted use is similar in nature and clearly compatible with the listed permitted uses.
   C.   Special Uses: Special uses, as hereinafter listed, may be allowed in the zoning districts indicated, subject to the issuance of a special use permit in accordance with the provisions of section 11-2-9 of this title. An application for a special use permit for a nonlisted use may be made if the board of trustees by a two-thirds (2/3) vote has affirmed that the nonlisted use is similar in nature and clearly compatible with the listed special uses of that district.
   D.   Lot Sizes: Lot size requirements shall be expressed in terms of minimum lot area and minimum lot width. A variance from the required lot area and lot width shall only be allowed under the provisions of section 11-2-7 of this title.
   E.   Yards: Yard requirements shall be expressed minimum building setback from the front, corner side yard, interior side yard and rear property lines. In the case of more than one principal structure on a single zoning lot a separation of structures shall be required. A variance from the specified yard requirements shall only be allowed under the provisions of section 11-2-7 of this title. Only those permitted obstructions detailed in section 11-6-6 of this title shall be allowed in a required yard.
   F.   Building Bulk: Building bulk limitations shall be expressed as maximum building height, maximum floor area ratio, or minimum building size. A variance from any building bulk limitation shall only be allowed under the provisions of section 11-2-7 of this title.
   G.   Ingress And Egress: Point on ingress and egress onto dedicated streets for all uses other than single- and two-family units shall be approved by the director of public works prior to the beginning of any grading or earthwork.
   H.   Guarantee Of Improvements: A performance bond, irrevocable letter of credit or other guarantee of improvement for an amount determined by the village engineer in a form approved by the village attorney shall be provided to guarantee all improvements required by this title not completed at the time of issuance of an occupancy permit.
   I.   Signs: All signs located in residence districts shall be in accordance with the regulations established in chapter 12 of this title.
   J.   Off Street Parking And Loading: Off street parking and loading facilities, accessory to uses allowed in residence districts shall be in accordance with the regulations established in chapter 11 of this title.
   K.   Uses: Uses already established on the effective date hereof shall be subject to the provisions of chapter 4 of this title.
   L.   Exterior Lighting. Exterior lighting in residential areas, except street lighting and those required by Village Ordinance, shall be shielded and/or directed in such a manner that it illuminates only the user’s premises and does not spill over into neighboring residential areas so as to interfere with the peaceful enjoyment of residential or public properties. All residents properties are subject to the following:
      1.   Flood lights are only permitted when they are downlighted and installed such that the fixture shall be aimed down at least 45 degrees from vertical.
      2.   The Village may require shields to be installed on any lights determined to be a nuisance before, during or after the installation when needed to further reduce glare and lighting trespass.
      3.   Luminaires used for uplighting for flags, address markers, trees, architectural features and low landscape lighting must be located, aimed and shielded so that direct illumination is focused exclusively on the object and away from adjoining properties and public thoroughfares. (Ord. 961, 2-12-1997, eff. 2-22-1997; Ord. 2053, 3-27-2024)

11-7-2: RESIDENTIAL LOT BUILDING PERMITS:

   A.   Definitions: For the purpose of this section the following words shall have the following meanings:
      BONA FIDE PURCHASER: An individual who has entered into a binding real estate contract with a developer or property owner to purchase a fully constructed residence which will be occupied by a date certain.
      DEVELOPER/OWNER: An individual company or partnership who owns real estate within the Village which is zoned for residential purposes.
      SPECULATIVE RESIDENCE: A residence proposed to be constructed by a developer or property owner of a residential lot without first securing a bona fide purchaser. (Ord. 1475, 3-10-2008)
   B.   Building Permits: No more than two (2) building permits shall be issued and remain active, at any one time, to a developer/owner of a residential lot for the purpose of constructing a speculative residence in an area zoned R-1, R-2 or ER. (Ord. 1873, 9-12-2018)
   C.   Conveyance Of Vacant Residential Lots: Nothing herein shall prohibit the developer/owner from selling, transferring, assigning, or conveying a residential lot to any third party. Said third party shall be subject to the terms and conditions of this section. (Ord. 1475, 3-10-2008)

11-7A-1: INTENT:

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 R-1 Single-Family Residential District. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-7A-2: PERMITTED USES:

Land shall be used and buildings shall be erected, altered, enlarged or used only for one or more of the following purposes:
Accessory buildings.
Automobile parking space.
Group homes.
Nameplates and signs.
One-family unattached dwellings, subject to not more than one detached single-family residential building shall be permitted on any lot.
Professional offices and home occupations subject to the following conditions:
   A.   Location: A home occupation may be conducted in any dwelling unit in any zoning district in which dwelling units are permitted. Use of detached accessory buildings or structures for the home occupation is prohibited.
   B.   Allowable Square Footage: The home occupation shall be subordinate and incidental to the principal use of the building or structure for residential purposes, and not more than twenty percent (20%) of the gross floor area of the dwelling unit shall be devoted to the home occupation. Any area used for the storage of materials used in conjunction with the home occupation shall be included in the mentioned amount.
   C.   Structural Alterations: Structural alterations necessary to accommodate a home occupation are prohibited.
   D.   Sale Of Goods/Services: Transactions should be conducted in such a way that physical interactions with vendors and customers does not primarily occur at this location.
   E.   Manufacturing: Any production on the premises shall not involve the conduct of a manufacturing business typically only permitted in the industrial districts.
   F.   Signs: On site signs advertising the home occupation shall be prohibited.
   G.   Deliveries: Deliveries associated with the home occupation are prohibited unless provided by U.S. postal carrier, parcel service or passenger vehicle.
   H.   Traffic/Parking: The home occupation shall not generate any additional traffic or on-street parking beyond that which normally occurs in the zoning district in which located.
   I.   Outdoor Storage: Any outdoor storage of goods or materials used in conjunction with the home occupation is prohibited.
   J.   Hazardous Materials: The use or storage of hazardous or otherwise regulated materials in conjunction with the home occupation shall be prohibited.
   K.   Regulated Services: Services regulated by Federal, State, or County agencies in conjunction with the home occupation shall be prohibited unless the service is approved by the Zoning Board of Appeals on an annual basis. The Zoning Board of Appeals shall apply the standards set forth in title 3, "Business And License Regulations", of this Code, including notification requirements if stipulated, when reviewing an annual application. Additionally, the Zoning Board of Appeals may require the applicant to provide written notice of his/her business application to the adjoining landowners. If, after due consideration, the Zoning Board of Appeals makes a finding that the application is satisfactory, it shall have the authority to recommend the issuance of a business license.
Temporary buildings for construction purposes on approval of location, size, and necessity, by the Zoning Board of Appeals, for a period of six (6) months after which time they may be renewed for six (6) months' period at the discretion of the Zoning Board of Appeals. (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. Ord. 1784, 3-13-2017)

11-7A-3: SPECIAL USES:

The following may also be permitted if the location and development plan is approved by the Plan Commission and the Zoning Board of Appeals, provided buildings do not exceed twenty five percent (25%) of the lot area. Such development plan, three (3) copies of which shall be submitted by an applicant for a conditional use, shall indicate, whenever appropriate, on site parking and loading facilities, vehicular and pedestrian access, means for the protection of abutting properties, and such other information as may be necessary to depict the development features of the lot.
Hospital or rest home.
Noncommercial recreation building, playground, park or athletic field.
Nursery school or childcare center, provided there is a minimum of one hundred (100) square feet of outdoor play area for each child to be cared for, and provided further that the area be fenced and screened from view from any adjoining lot in any R-1 District.
Planned unit development.
Public off street parking area, subject to the following regulations:
   A.   Plans for the development of a parking area shall be referred to the Plan Commission for approval prior to the granting of this conditional use by the Zoning Board of Appeals.
   B.   Where a parking area adjoins the side or rear of a lot in an R-1 District:
      1.   An ornamental fence, having a height of not less than three feet (3') and not more than five feet (5') shall be erected on the boundary of such lot. Such fence shall extend no closer to the street line than the required front yard for the adjacent R-1 District.
      2.   Front yard requirements for the adjacent R district shall be observed for a distance of fifty feet (50') from the adjacent R district boundaries.
      3.   No vehicle parking shall be permitted closer than thirty feet (30') from the adjacent R district boundaries.
      4.   In a strip of a minimum width of thirty feet (30'), surrounding the area in which vehicle parking will be permitted, plantings having a height of not less than three feet (3') nor more than five feet (5') shall be maintained for the purpose of deflecting from the adjacent R district headlight glare arising from parking area. Such plantings shall be of the type which will be effective during all seasons of the year. There shall also be planted and maintained in said strip, trees so arranged as to deflect from the adjacent R district light arising from the lamp posts in the parking area. All areas not used for vehicle parking, including the adjacent street parkways, shall be suitably landscaped and maintained.
   C.   Lighting facilities shall be so arranged as to deflect the light away from the adjoining R district insofar as practicable.
   D.   Pedestrian walkways shall be provided in the public right-of-way immediately adjacent to the front line of a parking area.
   E.   No entrances or exits for a parking area shall be closer than fifty feet (50') to an adjacent R district boundary.
   F.   Except for approved entrances and exits, a curb not less than six inches (6") in height shall be erected not less than two feet (2') from any lot line adjacent to a street or other public right-of-way.
Public utility and government buildings and structures and uses, including business service offices as adjunct uses.
Religious and cultural buildings, and buildings usually associated with similar activities.
Schools, public or private. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-7A-4: USES EXPRESSLY PROHIBITED:

   A.   No tent, shack, mobile home, basement of an unfinished house or similar enclosure shall be used for residence; except that servants, employed upon the premises, may be quartered in an accessory building, provided no kitchen facilities are contained therein.
   B.   The sale of alcoholic beverages in any form. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-7A-5: PARKING REGULATIONS:

Any use that is constructed or reconstructed in the R district shall provide and maintain adequate parking space upon the lot or tract. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-7A-6: BUILDING HEIGHT LIMIT:

Except as approved in the design of a particular site plan, no building shall be erected or enlarged to exceed a height of two (2) stories or thirty feet (30'). (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-7A-7: LOT AREA AND LIVABLE FLOOR AREA REQUIRED:

Each lot shall have a minimum width of seventy five feet (75') and no minimum depth required. The minimum lot area per dwelling unit shall be eleven thousand (11,000) square feet. No building with its accessory buildings shall occupy in excess of thirty percent (30%) of the area of an interior or corner lot. Also, every detached single-family dwelling shall have a minimum of one thousand six hundred fifty (1,650) square feet of livable floor area. (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. 1999 Code)

11-7A-8: SETBACKS FOR PRINCIPAL STRUCTURES:

   A.   Yards:
      1.   Front Yard Depth Required: Each lot shall have a front yard of not less than thirty feet (30').
      2.   Side Yard Depth Required: The sum of the two (2) side yards shall be not less than twenty five percent (25%) of the width of the lot and neither one shall be less than twelve and one-half feet (121/2').
      3.   Rear Yard Required: There shall be a rear yard having a depth of not less than twenty five percent (25%) of the depth of the lot measured from the rear lot line, but such yard need not exceed thirty feet (30').
   B.   Corner Lot Requirements: Front yard requirements shall be met on both frontages and corner lots. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-7B-1: INTENT:

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 R-2 multiple-family residential district. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-7B-2: PERMITTED USES:

Land shall be used and buildings shall be erected, altered, enlarged or used only for one or more of the following purposes:
All principal uses permitted and as regulated in R-1 district, except as hereinafter modified.
Multiple-family residential dwellings (apartments). (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-7B-3: SPECIAL USES:

Same as specified for R-1 district. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-7B-4: USES EXPRESSLY PROHIBITED:

Same as specified for R-1 district. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-7B-5: BUILDING HEIGHT LIMIT:

No building shall be erected or enlarged to exceed a height of two (2) stories or thirty feet (30'). (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-7B-6: LOT AREA REQUIRED:

Each lot shall have a minimum width of one hundred feet (100') and a minimum area of sixteen thousand (16,000) square feet. The minimum living area per dwelling unit shall be one thousand five hundred fifty (1,550) square feet. The buildings, including accessory buildings, on any lot shall not cover, in the aggregate, more than forty percent (40%) of the area of such lot. (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. 1999 Code)

11-7B-7: SETBACKS FOR PRINCIPAL STRUCTURES:

   A.   Yards:
      1.   Front Yard Depth Required: Each lot shall have a front yard not less than thirty feet (30').
      2.   Side Yard Depth Required: There shall be a side yard of at least fifteen feet (15') on each side, and the minimum distance between main buildings shall not be less than thirty feet (30').
      3.   Rear Yard Depth Required: Each lot shall have a rear yard of not less than thirty feet (30') in depth, measured from the rear lot line.
   B.   Corner Lot Requirement: Same as specified in R-1 district.
   C.   Court Requirements: Any court shall have a width equal to not less than forty feet (40'). The depth of any court shall not be greater than two (2) times its width. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-7C-1: INTENT:

The ER estate residential district is designed to provide for estate type single-family residential development and is intended to create an environment of homes on lots larger than typical for urban type residential areas. (Ord. 1097, 7-26-2000)

11-7C-2: PERMITTED USES:

The permitted uses, lot area, setbacks, and other requirements are designed to encourage a quality residential area in a rural setting. Land shall be used and buildings shall be erected, altered, enlarged or used only for one or more of the following purposes:
Accessory uses and buildings incidental to and on the same zoning lot as the principal use, in accordance with the provisions of this article.
Single-family detached dwellings.
Storage of building materials and equipment, and temporary buildings for construction purposes for a period not to exceed the duration of such construction.
Temporary real estate tract offices for the purpose of conducting the sale of lots of the tract upon which such tract offices are located; provided such office is removed within a period not to exceed two (2) years after the date of the final plat approval for the subdivision in which such office is located. (Ord. 1097, 7-26-2000)

11-7C-3: SPECIAL USES:

The following special uses may be allowed in the ER district:
Athletic fields and playgrounds.
Cemeteries.
Clubhouses and other structures on the grounds of private clubs, and tennis clubs.
Cultural institutions, including: public libraries and public art galleries; public museums.
Garages.
Golf courses, including ancillary uses normally provided, such as restaurants (including the sale of alcoholic beverages) and residential uses for guests, manager and other employees, but not including commercially operated driving ranges or miniature golf courses; and provided that a clubhouse or accessory building shall be located not less than three hundred feet (300') from a lot line.
Public services uses as follows:
Electric substations.
Filtration plant, pumping station and water reservoir.
Gas regulator station.
Police and fire stations, other municipal buildings.
Railroad rights of way and trackage, but not including reclassification, yards, terminal facilities or maintenance facilities.
Sewage treatment plant.
Telephone exchange, telephone transmission equipment, buildings and microwave relay towers.
Other similar public service uses.
Recreational and social facilities as follows:
Grounds of recreational clubs, noncommercial.
Parks and playgrounds.
Recreational buildings and community centers, noncommercial.
Swimming pools, noncommercial.
Tennis clubs and courts, noncommercial.
Religious institutions as follows:
Chapels.
Churches.
Parish houses.
Parsonages.
   Rectories.
Synagogues.
Temples.
Schools, public or private, nonboarding.
Secondary religious facilities servicing a principal religious institution.
Tool houses, sheds, and other similar buildings for the storage of domestic supplies. (Ord. 1097, 7-26-2000)

11-7C-4: USES EXPRESSLY PROHIBITED:

Driving ranges, pitch and putt, or miniature golf courses; carports; guesthouses, private; home occupations. (Ord. 1097, 7-26-2000)

11-7C-5: PARKING REGULATIONS:

Parking requirements are in accordance with the applicable regulations set forth in chapter 11 of this title.
Public off street parking areas for nonresidential special uses are subject to the following regulations: (Ord. 1097, 7-26-2000)
   A.   Parking Of Vehicles:
      1.   Public Streets: It shall be prohibited for an individual to park a vehicle on a Village owned street at any time in areas designated as Estate Residential. This prohibition shall not be applicable to vehicles with properly displayed Monee vehicle stickers or special guest parking permits as set forth in subsection A2 of this section.
      2.   Special Guest Parking Permits: A resident, residing in an Estate Residential zoned area, may submit a written application to the Monee Police Department for a special guest parking permit. Said application will be available at the Monee Police Department. Residents who are issued a special guest parking permit shall be responsible for the payment of all costs as set forth in the application. Failure to comply with the terms of the guest parking permit may result in the issuance of a citation and/or impoundment of the vehicle.
      3.   Posting Of Signs: Signs shall be prominently placed in Estate Residential Districts indicating that the parking of vehicles in the streets within the district is prohibited.
      4.   Impoundment: The Police Department and all members thereof are hereby authorized to remove and tow away or have removed and towed away by a commercial towing service any vehicle which is illegally parked as set forth herein.
      5.   Penalty: Any person found to be in violation of this subsection A is subject to a fine of not less than seventy five dollars ($75.00) nor more than two hundred dollars ($200.00). (Ord. 1691, 8-13-2014)
   B.   Approval Of Plans: Plans for the development of a parking area shall be referred to the Plan Commission for approval prior to the granting of this conditional use by the Zoning Board of Appeals.
   C.   Parking Area Adjoining A Lot: Where a parking area adjoins the side or rear of a lot in an ER District:
      1.   An ornamental fence, having a height of not less than three feet (3') and not more than five feet (5') shall be erected on the boundary of such lot. Such fence shall extend no closer to the street line than the required front yard for the adjacent R-1 District.
      2.   Front yard requirements for the adjacent R District shall be observed for a distance of fifty feet (50') from the adjacent R District boundaries.
      3.   No vehicle parking shall be permitted closer than thirty feet (30') from the adjacent residential district boundaries.
      4.   In a strip of a minimum width of thirty feet (30') surrounding the area in which vehicle parking will be permitted, plantings having a height of not less than three feet (3') nor more than five feet (5') shall be maintained for the purpose of deflecting from the adjacent residential district headlight glare arising from parking area. Such plantings shall be of the type which will be effective during all seasons of the year. There shall also be planted and maintained a said strip, trees so arranged as to deflect from the adjacent residential district light arising from the lamp posts in the parking area.
      5.   All areas not used for vehicle parking, including the adjacent street parkways, shall be suitably landscaped and maintained.
   D.   Lighting Facilities: Lighting facilities shall be so arranged as to deflect the light away from the adjoining residential district insofar as practicable.
   E.   Pedestrian Walkways: Pedestrian walkways shall be provided in the public right-of-way immediately adjacent to the front line of a parking area.
   F.   Entrance And Exits: No entrances or exits for a parking area shall be closer than fifty feet (50') to an adjacent residential district boundary.
   G.   Curbs: Except for approved entrances and exits, a curb not less than six inches (6") in height shall be erected not less than two feet (2') from any lot line adjacent to a street or other public right-of-way. (Ord. 1097, 7-26-2000; amd. Ord. 1691, 8-13-2014)

11-7C-6: BUILDING HEIGHT LIMIT:

The absolute building height of all uses shall not exceed thirty five feet (35') or two and one-half (21/2) stories. (Ord. 1097, 7-26-2000)

11-7C-7: LOT AREA AND LIVABLE FLOOR AREA REQUIRED:

   A.   Minimum Lot Size: Every single-family detached dwelling hereafter erected shall be served by public sanitary sewer and water facilities, and shall be located on a lot having an area of not less than one (1) acre, and a width at the established building line of not less than one hundred feet (100'). The widths of lots fronting on a cul-de-sac shall not be less than one hundred feet (100') in width measured at the established building line.
For nonresidential special uses the lot size shall be not less than five (5) acres in area and not less than three hundred feet (300') in width, except as may be otherwise required in this article.
   B.   Livable Floor Area: Each single-family detached dwelling shall have at least one thousand eight hundred (1,800) square feet of livable floor area. All other permitted and special uses shall be regulated on the basis of maximum floor area ratio as well as absolute height limitations. The maximum floor area ratio for all other permitted uses shall be 0.30 and such ratio for all special uses shall be 0.30. (Ord. 1097, 7-26-2000)

11-7C-8: SETBACKS:

No single-family detached dwelling or any accessory use shall be erected or enlarged unless the following yards are provided and maintained in connection with such buildings, structures or enlargements. Except as otherwise hereinafter provided, the space resulting from the following setbacks (yard requirements) shall be open and unobstructed:
   A.   Front Yards: A front yard of not less than eighty feet (80').
   B.   Side Yards:
Interior: Ten feet (10').
Corner side yard: Twenty five feet (25').
Rear yard: Thirty feet (30').
Front yard: Eighty feet (80').
Buildings for uses other than single-family detached dwellings and their accessory uses shall be located not less than one hundred fifty feet (150') from the nearest residential property line. (Ord. 1097, 7-26-2000)