The purpose of the residential district regulations herein included is to provide for a range of sound residential environments and housing opportunities compatible with the Comprehensive Plan of the community and appropriately related to the present street, highway, school, park, utility, police, fire, and other similar supporting facilities. (Ord. 78-31, 3-5-79)

1. Permitted Uses:
   1. Single-family dwellings.
   2. Publicly owned parks and conservation areas.
   3. Agricultural uses of not less than five (5) acres. The permitted agricultural uses are the growing of crops in the open and raising and feeding of stock and poultry, including farming, truck gardening, apiaries, aviaries, mushroom growing, nurseries, orchards, forestry, and fur farms and said use shall include the necessary structures and farm dwellings for those owning or operating on the premises.
   4. Accessory buildings and uses.
   5. Community residence. (Ord. 89-19, 2-5-90)
2. Special Uses: The following uses are permitted subject to the public hearing and other special permit procedure requirements as outlined in Chapter 10 of this Title:
   1. Public, parochial, or private elementary, junior high, and high schools offering courses in general education.
   2. Junior colleges, colleges, and universities.
   3. Public or private country clubs or golf courses, but not lighted courses nor driving ranges.
   4. Cemeteries.
      
   5. Churches, temples, convents, and monasteries, but only when located on a collector, major road, or street as so designated on the Official Map of the Village of Morton.
   6. Utility and public service buildings and uses.
   7. Planned residential developments, as defined in Chapter 2 of this Title, subject to the review procedure and conditions as outlined in Section 10-5-8 of this Chapter. (Ord. 78-31, 3-5-79)
   8. Day care centers and nursery schools. (Ord. 84-1, 5-21-84)
   9. Outdoor recreation facilities. (Ord. 88-21, 4-20-87)
   10. Borrow pits. (Ord. 86-23, 4-20-87)
   11. Hospitals, sanitariums, rest homes, and retirement centers. (Ord. 88-27, 3-8-89; amd. Ord. 08-19, 10-6-08)
   12. Festivals [not exceeding one (1) week in duration] on property where a special use for a public school offering courses in general education has been granted. (Ord. 99-20, 9-7-99)
   13. Wind energy conversion system, provided it is on a lot of a size of five (5) acres or more. (Ord. 07-04, 5-7-07)
3. Required Lot Area and Lot Width: Every building hereafter erected or structurally enlarged shall be on a lot having an area of not less than forty thousand (40,000) square feet and a width at the building line of one hundred fifty feet (150’), except for planned developments which shall meet the reduced requirements of Section 10-5-8 of this Chapter or for lots of record which shall meet the reduced requirements of Section 10-4-4 of this Title. Any lots within one-half (1/2) mile of a livestock feeding operation that is in operation at the time of the platting of the lots, must be one (1) acre in size. (amd. Ord. 06-19, 7-10-06)
4. Required Yard Areas: Except as otherwise set forth in this section, every building hereafter erected or structurally enlarged within the R-S District shall provide or maintain the following yard requirements, except for the lots of record which shall meet the reduced requirements of Section 10-4-4 of this Title and except for those general exceptions to yard requirements as outlined in Section 10-4-3 of this Title.
   1. Front Yard: No building shall be erected or enlarged without providing or maintaining a front yard of thirty-five feet (35’), except within the territory indicated on the Map of Area within Which A Reduced Front Yard is Allowed , and in the instance such exception applies the required front yard shall be reduced to twenty-six feet four inches (26'4")
      .
   2. Side Yard: No building shall be erected or structurally enlarged without providing or maintaining combined side yards of thirty feet (30’). No single side yard shall be less than twelve feet (12’).
   3. Rear Yard: No building shall be erected or structurally enlarged without providing or maintaining a rear yard of twenty five feet (25’) .
   4. Exceptions to Required Yard Areas or Special Required Yard Areas: The following special provisions and exceptions shall apply in this district.
      
      1. Fences: Ornamental fences, enclosure fences, and chain link fences meeting the required conditions are exempt from the specific yard requirements as noted. Except those fences specifically permitted pursuant to the terms of this section, no other fences shall be permitted within required yard area.
         1. Front Yard Fences:
            1. Front Yard Fences on Interior Residential Lots: Ornamental fences not exceeding three and one-half feet (3 1/2’) in height are permitted within the front yard. Enclosure fences are not permitted in front yards of interior lots.
               
            2. Front Yard Fences on Corner Lots: Ornamental fences not exceeding three and one-half feet (3 1/2’) in height are permitted in either front yard. An enclosure fence not exceeding six feet (6’) in height is permitted in that front yard which the building does not face, providing such front yard enclosure fence is set back from the property line one-half (1/2) the required front yard distance for that district or ten feet (10’), whichever is greater. It is further required that fences respect obstruction to visibility requirements of 10-4-3(I).
         2. Side and Rear Yard Fences: Ornamental fences and enclosure fences not exceeding six feet (6’) in height are permitted in the side and rear yards. Chain link fences not exceeding four feet (4’) in height are permitted in the side and rear yards. (amd. Ord. 08-30, 12-1-08)
      2. Noise-Emitting Mechanical Equipment: Mechanical equipment emitting noise such as air-conditioning compressors and similar equipment may be located in side or rear yards but in no case any closer than twelve feet (12') to the side yard property line of the adjacent property, and in all instances so installed and directed to be of minimal annoyance to the adjacent property. Back-up generators may be located in side or rear yards but in no case closer than six feet (6') to the side yard property line of adjacent property.
      3. Parking Lot Light Poles: Parking lot light poles may extend an additional three feet (3’) into the required landscaped yard setback
         
      4. Landscape screening shall be provided wherever an exception exists which allows pavement to be closer than the building setback line.
         
5. Driveways: Driveways shall be permitted subject to the following:
   1. They may be within the required yard area, so long as such driveway complies in all regards with the specifications set forth in the Driveway Standards.  
   2. No driveway shall be constructed closer than thirty-five feet (35') to any intersection of residential streets and fifty feet (50') to any intersection involving collector or major streets.  
   3. No more than one driveway per dwelling unit shall be allowed, except however if a property abuts an alley which is driveable the property may maintain driveway access from both the alley and the fronting street.  
   4. No more than one (1) driveway per dwelling unit shall be allowed. Notwithstanding the foregoing, for lots of a width of one hundred fifty feet (150’) or more (meaning frontage of one street of at least that distance), one (1) circular drive per lot is allowable, provided that the total driveway width of both openings does not exceed thirty-six feet (36’) and that any one (1) opening does not exceed twenty four feet (24’). A landscaped yard of min. twenty-five (25’) shall be maintained between the right-of-way and the edge of the circular driveway. For lots with an existing circular driveway installed prior to November 4, 2024, the circular driveway shall be considered "grandfathered." A grandfathered circular driveway may be maintained, repaired, or replaced, provided that it is not expanded or enlarged beyond its current dimensions. Any modification or expansion to the size of the existing circular driveway will result in the termination of its grandfathered status. Thereafter, the driveway must comply with the current requirements outlined in this section All circular driveways, including grandfathered circular driveways, shall otherwise conform to the other requirements in this Section.
      
   5. Common drives as recorded on play to be shared by adjacent lots are permitted in side yards
   6. For adjacent one (1) and two-family (2) residential structures, driveway pavement can extend to within six (6) feet of the side or rear property lines, and the landscape screening requirement is waived. Notwithstanding the foregoing, one(1) and two-family residential structures can only utilize the portion of the drive in the front yard, even though encroaching on the landscaped yard to partially meet the off-street parking requirements as provided in Section 10-8-6 of this Title.
   7. They shall be hard surfaced with bituminous concrete or concrete.
      
6. Accessory Uses or Buildings: Accessory uses and accessory buildings or structures shall be permitted subject to the following
   1. They shall be located within the required rear yard.
   2. They shall maintain a side and rear setback of six feet (6') for all lots except corner lots. For corner lots the accessory building or structure shall maintain a setback of twenty feet (20') for any side which abuts a street.
   3. They shall not be established within the territory of an existing Village of Morton easement or other utility easement
   4. There shall not be a limit on the permitted number of accessory structures per lot, except that no two (2) uses shall be identical. For purposes of this limitation, a gazebo shall not be considered an accessory building.
   5. The height of any accessory building or structure shall not exceed thirteen feet (13') or the height of the primary structure, whichever is less.  
   6. The following area limitations shall apply to individual accessory structures:
      1. The area of any accessory building shall not exceed 1.6% of the lot area to a maximum of four hundred eighty (480) square feet.
      2. The area of any ground mount solar system shall not exceed 1.6% of the lot area to a maximum of four hundred eighty (480) square feet. The area of a ground mount solar system shall be calculated by determining the total lot area covered by solar panels when the solar panels are in the position which results in the greatest lot coverage.
      3. There shall be no limit on the size of any other individual accessory structure, subject however to the limitation on the total lot coverage set forth in this section for all accessory structures.
         
   7. Any side(s) of an accessory building abutting a street shall be screened as follows: at the time of construction (or if weather requires, no later than six(6) months after construction) two rows of evergreens shall be planted which shall be of a variety which, at maturity, shall grow together when planted ten feet (10') on center, and shall be at least five feet (5') in height when planted, and which rows shall be staggered or offset so as to maximize screening of the accessory structure. If the rear yard is completely enclosed by a privacy fence six feet (6') in height, then the landscape screening requirement shall be waived.
   8. The total area of all accessory structurespermitted hereunder shall not exceed sixty percent (60%) of the actual rear yard.
   9. A garage may replace an existing garage and shall be allowed in areas in which a reduced landscaped yard is allowed subject to the following:
      1. The garage shall not exceed twenty-four and one-half feet (24 1/2') in width or length
      2. The new garage cannot be any closer to the rear or side lot line than the existing garage and in no event shall its wall be closer than two feet (2') or its eaves closer than one foot (1') from the side property line.
      3. Notwithstanding the other provisions of this Chapter, a driveway for a garage which meets the requirements of this subparagraph may be located as close to the side property line as is allowed the garage 
   10. A play structure shall require a building permit, and shall be a permissible accessory structure subject to the provisions of this Section.
       
7. Minimum Square Footage for Single-Family Residences: Any building used as a single-family residence shall contain on the ground floor eight hundred (800) square feet of livable floor space.
   
8. Building Height: No building hereafter erected or portion of a building structurally enlarged shall exceed the following height limitations except for those general exceptions to height limitations listed in Section 10-4-3 of this Title.
   1. Churches: forty five feet (45’) for the main structure.
   2. All other permitted buildings: thirty five feet (35’) or two and one-half (2 1/2) stories. 
9. Satellite Dishes: A satellite dish, which is defined as a device used for the reception of communications or other signals from orbiting satellites, is permitted subject to the following conditions:
   1. Dishes mounted on the ground level shall not exceed a height of twelve feet (12')
   2. Dishes mounted on the rooftop or chimney of a structure shall not be greater than two feet (2') in diameter, and the highest point of the dish shall not exceed thirty five feet (35') measured from the top to the curb level
   3. The dish shall not contain any lettering other than that placed on same identifying the manufacturer and shall not otherwise be used for the display of messages
   4. Ground-mounted dishes shall be reasonably concealed from the view at ground level of adjacent properties on all sides, except to the side which the dish is directed to receive the signal. ON that side the view shall be obscured to the extent possible without interfering with the reception of the signal. Fencing or landscape screening shall be used for such purpose subject to the general requirements for same as provide don other sections of this Code. Any landscape screening that is used must be plated within six (6) months of the date of the installation of the dish and must be continuously maintained. Any landscape screening that is used must be non-deciduous and must be of a minimum height of four feet (4') when planted.
   5. A ground-mounted dish shall be considered an accessory use.
   6. A satellite dish may be used only if it is permanently affixed to the ground, rooftop, or chimney of a structure. Satellite antenna dishes may not be located or affixed to any moveable object, including but not limited to motor vehicles, trailers or other moveable objects. The use of a satellite antenna dish on a temporary basis is expressly prohibited.
10. Swimming pools: Swimming pools shall be permitted, subject to the following
    
    1. Each swimming pool shall conform to the requirements of an accessory use
    2. Surrounding each swimming pool, whether the pool be inground or above ground, there shall be erected an enclosure fence which shall be at least five feet (5') in height. A wall of at least five feet (5') in height is sufficient for one ()1) or more sides of the enclosure. A screened-in patio area completely enclosing a pool shall be considered an appropriate enclosure.
       
       All existing swimming pools that have an enclosure fence of at least four feet (4') in height and/or walls of a least four feet (4') in height may remain in existence, and no modifications are needed to same. In such cases, such fences or walls may be repaired or maintained, but they shall not be replaced or moved from their present location.
    3. The gates of the required fence shall be self-closing and have self-latching latches placed at least four feet (4') above the ground. The fence shall be so constructed as to not allow a five inch (5") diameter sphere to pass through the fence
    4. No pool shall be filled with water of a depth of two feet (2') or more until the enclosure required by this Section has been provided.
    5. Swimming pools and their required enclosures shall be maintained in a reasonable state of repair and condition. Water shall not be allowed to become stagnant.
       
11. Fences: Chain link fences not exceeding four feet (4’) in height shall be permitted in the R-S District in areas outside of the required yard area. Ornamental fences and enclosure fences not exceeding six feet (6’) in height shall be permitted in the R-S District in areas outside of the required yard area. It shall be unlawful for any person to erect, construct, maintain or permit a fence that is constructed of materials that are not specifically manufactured as fencing materials, such as rope, string, galvanized sheet metal, plywood, corrugated metal, or the like. It shall be unlawful for any person to erect, construct, maintain, or permit a fence that is constructed of materials that are intended for agricultural usage or for retaining livestock, such as barbed wire, chicken wire, hog wire, wire fabric, or other similar welded or woven wire fabrics. It shall further be unlawful for any person to construct a fence with slats of any material (including but not limited to metal, fiberglass or bamboo) threaded through a chain link fence. A direct path unobstructed from fencing shall be maintained between the street and the gas meter and water meter electronic reading device.
    
12. Parking Regulations: It shall be lawful in this zoning district to park recreational vehicles, campers, boat trailers and/or trailers on a driveway. In addition, it shall be lawful to park a trailer which is not an enclosed trailer in the rear yard on an all-weather, durable and dustless surface, such as an asphalt, interlocking concrete paver, brick or cement pavement surface. No recreational vehicle, camper, boat or trailer shall be parked in such a manner so as to obstruct, in whole or in part, a sidewalk, alley or street. It shall be unlawful for any person, firm or corporation to park any semitrailer, pole trailer, tow truck, tractor, or truck tractor on any lot in this zoning district. It shall be unlawful to any person to reside, even temporarily, in any recreational vehicle, camper, or trailer in this zoning district. It shall be unlawful to park any recreational vehicle, camper, boat trailer, or trailer in any manner not expressly permitted by this section.

1. Permitted Uses:
   1. Single-family dwellings.
   2. Agricultural uses consisting only of growing crops, truck gardening, and flower gardening.
   3. Temporary construction buildings and uses at the construction site and only during the construction period.
   4. Accessory buildings and uses.
      
   5. Community residence. (Ord. 89-19, 2-5-90)
2. Special Uses: The following uses are permitted subject to the public hearing and other special permit procedure requirements as outlined in Chapter 10 of this Title. (Ord. 73-31, 3-5-79; amd. Ord. 84-1, 5-21-84; amd. Ord. 84-3, 6-18-84)
   1. Any use permitted as a special use in the R-S and Planned Residential Development District, except outdoor recreation facilities and borrow pits. (Ord. 86-21, 4-20-87; amd. Ord. 07-09, 6-4-07)
   2. Hospitals, sanitariums, rest homes, and retirement centers. (Ord. 78-31, 3-5-79; amd. Ord. 84-1, 5-21-84; amd. Ord. 84-3, 6-18-84; amd. Ord. 84-25, 4-15-85; amd. Ord. 08-19, 10-6-08)
   3. Publicly owned parks.
   4. Private recreation areas. (Ord. 78-31, 3-5-79; amd. Ord. 84-1, 5-21-84; amd. Ord. 84-3, 6-18-84)
      
3. Required Lot Area And Width: Every building hereafter erected or structurally enlarged shall be on a lot having an area of not less than seven thousand five hundred (7,500) square feet for interior lots and nine thousand five hundred (9,500) square feet for corner lots, and a width of the building line of not less than seventy five feet (75’) for interior lots and not less than ninety five feet (95’) for corner lots. Lots zoned R-1A shall have an area of not less than eight thousand (8,000) square feet and a width of not less than sixty five feet (65’) at the building line. This requirement shall not apply to planned residential developments which shall meet the requirements of Section 10-5-8 of this Title or for lots of record which shall meet the reduced requirements of Section 10-4-4 of this Title. Any lots within one-half (1/2) mile of a livestock feeding operation that is in operation at the time of the platting of the lots, must be one (1) acre in size. (amd. Ord. 06-19, 7-10-06; amd. Ord. 12-14, 11-19-12)
   1. Front Yard: No building shall be erected without providing or maintaining a front yard of thirty-five feet (35') unless the depth of the lot is less than one hundred thirty-five feet (135'), in which case the front yard shall be no less than twenty-five feet (25'). In the event the building is constructed in an established area on one side of the street between two (2) intersecting streets that is improved with buildings that have observed a front yard depth which is less than the thirty-five feet (35') or twenty-five feet (25') requirement, then in such established districts, the front yard depth may be the same as, but not less than, the building immediately adjacent to either side of the proposed building. In the event the building is constructed in an area within the territory set forth on the Map of Area in Which a Reduced Front Yard is Allowed
      , then the required front yard shall be reduced to twenty six feet four inches {26'4") for lots with a depth not less than one hundred thirty five feet {135'), or to eighteen feet nine inches {18'9") for lots with a depth of less than one hundred thirty five feet {135').
   2. Side Yard: No building shall be erected or enlarged without providing or maintaining combined side yards of twenty feet (20’) or twenty percent (20%) of the lot width as measured at the building line, whichever is less; no single side yard shall be less than seven feet (7’).
   3. Rear Yard: No building shall be erected or enlarged without providing or maintaining a rear yard of twenty five feet (25’).
   4. R-1A Front Yard: No building shall be erected without providing or maintaining a front yard of thirty-five feet (35') unless the depth of the lot is less than one hundred thirty-five feet (135') in which case the front yard shall be no less than twenty-five feet (25'). In the event the building is constructed in an area within the territory set forth in in Section 10-4-3(G), then the required front yard shall be reduced to twenty six feet four inches (26'4") for lots with a depth not less than one hundred thirty-five feet (135'), or to eighteen feet nine inches (18'9") for lots with a depth of less than one hundred thirty-five feet (135').
   5. R-1A Side Yard: No building shall be erected or enlarged without providing or maintaining combined side yards of twelve feet (12’); no single side yard shall be less than six feet (6’).
   6. R-1A Rear Yard: No building shall be erected or enlarged without providing or maintaining a rear yard of twenty five feet (25’).
   7. Fences: Ornamental fences, enclosure fences, and chain link fences meeting the required conditions are exempt from the specific yard requirements as noted. Except those fences specifically permitted pursuant to the terms of this section, no other fences shall be permitted within the required yard area.
      1. Front Yard Fences:
         1. Front Yard Fences on Interior Residential Lots: Ornamental fences not exceeding three and one-half feet (3 1/2’) in height are permitted within the front yard. Enclosure fences are not permitted in front yards of interior lots.
            
         2. Front Yard Fences on Corner Lots: Ornamental fences not exceeding three and one-half feet (3 1/2’) in height are permitted in either front yard. An enclosure fence not exceeding six feet (6’) in height is permitted in that front yard which the building does not face, providing such front yard enclosure fence is set back from the property line one-half (1/2) the required front yard distance for that district or ten feet (10’), whichever is greater. It is further required that fences respect obstruction to visibility requirements of 10-4-3(I).
      2. Side and Rear Yard Fences: Ornamental fences and enclosure fences not exceeding six feet (6’) in height are permitted in the side and rear yards. Chain link fences not exceeding four feet (4’) in height are permitted in the side and rear yards. (amd. Ord. 08-30, 12-1-08; amd. Ord. 12-14, 11-19-12)
4. Building Height: No building hereafter erected or portion of a building structurally enlarged shall exceed the following height limitations, except for those general exceptions to height limitations listed in Section 10-4-3 of this Title:
   1. Churches: forty five feet (45’) for the main structure.
   2. All other permitted buildings: thirty five feet (35’) or two and one-half (2 1/2) stories. (Ord. 78-31, 3-5-79) 
5. Driveways: Driveways shall be permitted subject to the following:
   1. They may be within the required yard area, so long as such driveway complies in all regards with the specifications set forth in the Driveway Standards. Notwithstanding any limits set forth to the contrary in the Driveway Standards, if a lot contains an outbuilding then a driveway for the outbuilding may be constructed which connects the driveway from the street to the garage with the outbuilding, provided however that the outbuilding driveway shall be no closer to the side lot line than twenty feet (20') and shall be no wider at any point than the width of the outbuilding.
   2. No driveway shall be constructed closer than thirty-five feet (35') to any intersection of residential streets and fifty feet (50') to any intersection involving collector or major streets.
   3. No more than one driveway per dwelling unit shall be allowed, except however if a property abuts an alley which is driveable the property may maintain driveway access from both the alley and the fronting street.
   4. No more than one (1) driveway per dwelling unit shall be allowed. Notwithstanding the foregoing, for lots of a width of one hundred fifty feet (150’) or more (meaning frontage of one street of at least that distance), one (1) circular drive per lot is allowable, provided that the total driveway width of both openings does not exceed thirty-six feet (36’) and that any one (1) opening does not exceed twenty four feet (24’). A landscaped yard of min. twenty-five (25’) shall be maintained between the right-of-way and the edge of the circular driveway. For lots with an existing circular driveway installed prior to November 4, 2024, the circular driveway shall be considered "grandfathered." A grandfathered circular driveway may be maintained, repaired, or replaced, provided that it is not expanded or enlarged beyond its current dimensions. Any modification or expansion to the size of the existing circular driveway will result in the termination of its grandfathered status. Thereafter, the driveway must comply with the current requirements outlined in this section All circular driveways, including grandfathered circular driveways, shall otherwise conform to the other requirements in this Section.
      
   5. Common drives as recorded on play to be shared by adjacent lots are permitted in side yards
   6. For adjacent one (1) and two-family (2) residential structures, driveway pavement can extend to within six (6) feet of the side or rear property lines, and the landscape screening requirement is waived. Notwithstanding the foregoing, one(1) and two-family residential structures can only utilize the portion of the drive in the front yard, even though encroaching on the landscaped yard to partially meet the off-street parking requirements as provided in Section 10-8-6 of this Title.
   7. They shall be hard surfaced with bituminous concrete or concrete.
6. Accessory Uses or Buildings: Accessory uses and accessory buildings or structures shall be permitted subject to the following:
   1. They shall be located within the required rear yard.
   2. They shall maintain a side and rear setback of six feet (6') for all lots except corner lots. For corner lots the accessory building or structure shall maintain a setback of twenty feet (20') for any side which abuts a street and six feet (6') for all other sides.
   3. They shall not be established within the territory of an existing Village of Morton easement or other utility easement
   4. There shall not be a limit on the permitted number of accessory structures per lot, except that no two (2) uses shall be identical. For purposes of this limitation, a gazebo shall not be considered an accessory building.
   5. The height of any accessory building or structure shall not exceed thirteen feet (13') or the height of the primary structure, whichever is less.
   6. The following area limitations shall apply to individual accessory structures:
      1. The area of any accessory building, except a detached garage, shall not exceed 1.6% of the lot area to a maximum of four hundred eighty (480) square feet.
      2. The total area of any ground mount solar system shall not exceed 1.6% of the lot area to a maximum of four hundred eighty (480) square feet. The area of a ground mount solar system shall be calculated by determining the total lot area covered by solar panels when the solar panels are in the position which results in the greatest lot coverage.
      3. There shall be no limited on the size of any other individual accessory structure, subject however to the limitation on the total lot coverage set forth in this section forth for all accessory structures.
         
   7. Any side(s) of an accessory building abutting a street shall be screened as follows: at the time of construction (or if weather requires, no later than six (6) months after construction) one row of evergreens shall be planted which shall be of a variety which, at maturity, shall grow together when planted ten feet (10') on center, and shall be at least five feet (5') in height when planted, and which rows shall be staggered or offset so as to maximize screening of the accessory structure. If the rear yard is completely enclosed by a privacy fence six feet (6') in height, then the landscape screening requirement shall be waived. Required landscape screening shall be maintained at all times.
   8. The total area of all accessory structures permitted hereunder shall not exceed sixty percent (60%) of the actual rear yard
   9. A garage may replace an existing garage and shall be allowed in areas in which a reduced landscaped yard is allowed subject to the following:
      1. The garage shall not exceed twenty-four and one-half feet (24 1/2') in width or length
      2. The new garage cannot be any closer to the rear or side lot line than the existing garage and in no event shall its wall be closer than two feet (2') or its eaves closer than one foot (1') from the side property line.
      3. Notwithstanding the other provisions of this Chapter, a driveway for a garage which meets the requirements of this subparagraph may be located as close to the side property line as is allowed the garage
         
7. Minimum Square Footage for Single-Family Residences: Any building used as a single-family residence shall contain on the ground floor eight hundred (800) square feet of livable floor space.
   
8. Fences: Chain link fences not exceeding four feet (4’) in height shall be permitted in the R-1 District in areas outside of the required yard area. Ornamental fences and enclosure fences not exceeding six feet (6’) in height shall be permitted in the R-1 District in areas outside of the required yard area. It shall be unlawful for any person to erect, construct, maintain or permit a fence that is constructed of materials that are not specifically manufactured as fencing materials, such as rope, string, galvanized sheet metal, plywood, corrugated metal, or the like. It shall be unlawful for any person to erect, construct, maintain, or permit a fence that is constructed of materials that are intended for agricultural usage or for retaining livestock, such as barbed wire, chicken wire, hog wire, wire fabric, or other similar welded or woven wire fabrics. It shall further be unlawful for any person to construct a fence with slates of any material (including but not limited to metal, fiberglass or bamboo) threaded through a chain link fence. A direct path unobstructed from fencing shall be maintained between the street and the gas meter and water meter electronic reading device.
   
9. Parking Regulations: It shall be lawful in this zoning district to park recreational vehicles, campers, boat trailers and/or trailers on a driveway. In addition, it shall be lawful to park a trailer which is not an enclosed trailer in the rear yard on an all-weather, durable and dustless surface, such as an asphalt, interlocking concrete paver, brick or cement pavement surface. No recreational vehicle, camper, boat or trailer shall be parked in such a manner so as to obstruct, in whole or in part, a sidewalk, alley or street. It shall be unlawful for any person, firm or corporation to park any semitrailer, pole trailer, tow truck, tractor, or truck tractor on any lot in this zoning district. It shall be unlawful to any person to reside, even temporarily, in any recreational vehicle, camper, or trailer in this zoning district. It shall be unlawful to park any recreational vehicle, camper, boat trailer, or trailer in any manner not expressly permitted by this section.
10. DETACHED GARAGE: Every detached garage erected shall conform to the following:
    1. A detached garage shall have a maximum area of 1,000 square foot.
    2. A detached garage shall have a maximum side wall height of twelve (12) feet.
    3. A detached garage shall have a maximum roof height of twenty-five (25) feet, or the roof height of the primary structure, whichever is less.
    4. A detached garage shall be set back from the sidewalk, or when no sidewalk is present, from the curb not less than twenty (20') feet.
       
    5. A detached garage shall have no more than:
       
       1. One overhead door not taller than ten (10') feet and not wider than ten (10') feet; and
          
       2. One double stall overhead door not taller than eight (8') feet and not wider than twenty (20) feet; OR two single stall overhead doors not taller than eight (8') feet and not wider than (10') feet.
          
    6. A detached garage shall not be constructed in the front yard or within the required minimum side yard unless an exception under 10-4-3(D)(7) applies.
    7. A detached garage shall not be constructed on a vacant lot or before the primary structure.
       
    8. No portion of a detached garage shall be used as a dwelling.
       
    9. A detached garage shall be built using materials similar in composition, quality, and design of the primary structure. Detached garages shall not be constructed using post-frame construction, and shall not have metal siding.
       

11. Satellite Dishes: A satellite dish, which is defined as a device used for the reception of communications or other signals from orbiting satellites, is permitted subject to the following conditions:
    1. Dishes mounted on the ground level shall not exceed a height of twelve feet (12')
    2. Dishes mounted on the rooftop or chimney of a structure shall not be greater than two feet (2') in diameter, and the highest point of the dish shall not exceed thirty five feet (35') measured from the top to the curb level
    3. The dish shall not contain any lettering other than that placed on same identifying the manufacturer and shall not otherwise be used for the display of messages
    4. Ground-mounted dishes shall be reasonably concealed from the view at ground level of adjacent properties on all sides, except to the side which the dish is directed to receive the signal. ON that side the view shall be obscured to the extent possible without interfering with the reception of the signal. Fencing or landscape screening shall be used for such purpose subject to the general requirements for same as provide don other sections of this Code. Any landscape screening that is used must be plated within six (6) months of the date of the installation of the dish and must be continuously maintained. Any landscape screening that is used must be non-deciduous and must be of a minimum height of four feet (4') when planted.
    5. A ground-mounted dish shall be considered an accessory use.
    6. A satellite dish may be used only if it is permanently affixed to the ground, rooftop, or chimney of a structure. Satellite antenna dishes may not be located or affixed to any moveable object, including but not limited to motor vehicles, trailers or other moveable objects. The use of a satellite antenna dish on a temporary basis is expressly prohibited.
12. Swimming pools: Swimming pools shall be permitted, subject to the following
    
    1. Each swimming pool shall conform to the requirements of an accessory use
    2. Surrounding each swimming pool, whether the pool be inground or above ground, there shall be erected an enclosure fence which shall be at least five feet (5') in height. A wall of at least five feet (5') in height is sufficient for one ()1) or more sides of the enclosure. A screened-in patio area completely enclosing a pool shall be considered an appropriate enclosure.
       
       All existing swimming pools that have an enclosure fence of at least four feet (4') in height and/or walls of a least four feet (4') in height may remain in existence, and no modifications are needed to same. In such cases, such fences or walls may be repaired or maintained, but they shall not be replaced or moved from their present location.
    3. The gates of the required fence shall be self-closing and have self-latching latches placed at least four feet (4') above the ground. The fence shall be so constructed as to not allow a five inch (5") diameter sphere to pass through the fence
    4. No pool shall be filled with water of a depth of two feet (2') or more until the enclosure required by this Section has been provided.
    5. Swimming pools and their required enclosures shall be maintained in a reasonable state of repair and condition. Water shall not be allowed to become stagnant
13. Outbuildings: An "outbuilding" is hereby defined as a structure which is separate and detached from the main dwelling but on the same piece of land as the main dwelling which is used primarily for storage purposes and/or for other activities insofar as such activities are usually and reasonably associated with the principal structure. One Outbuilding shall be permitted only on lots greater than or equal to two and three quarters acre (2.75 ac.) in size, subject to the following:
    1. Outbuildings shall only be permitted in the side or rear yard.
    2. Outbuildings shall have a maximum area of two thousand (2,000) square feet, of which no more than seven hundred fifty (750) square feet may be finished square footage constructed in a manner which would allow for human habitation.
    3. Outbuildings shall only be used by the owner of the premises upon which the outbuilding sits as an accessory use. No portion of an outbuilding shall be occupied by a person other than the owner of the premises upon which the outbuilding sits.
    4. No plumbing shall be permitted in an outbuilding except on the ground floor.
    5. The exterior finish of all sides of an outbuilding shall match proportionately the exterior finishes of the same side of the principal structure. 
    6. An outbuilding shall have a maximum side wall height of eighteen (18) feet.
    7. An outbuilding shall have a maximum roof height of thirty-five (35) feet, or the roof height of the primary structure, whichever is less.
    8. An outbuilding shall not be constructed on a vacant lot or before the primary structure.
    9. No portion of an outbuilding shall be used as a dwelling.
    10. No outbuilding shall be erected or enlarged without providing or maintaining a side yard setback of twenty feet (20’) measured at the building line, and a rear yard setback of twenty feet (20').

1. Permitted Uses:
   1. Any use indicated as a “permitted use” in the R-1 One-Family and Planned Residential Development District.
   2. Two (2)-family dwellings.
   3. Accessory buildings and uses. (Ord. 78-31, 3-5-79)
   4. Community residence. (Ord. 89-19, 2-5-90)
2. Special Uses: The following uses are permitted subject to the public hearing and other special permit procedure requirements as outlined in Chapter 10 of this Title:
   1. Any use permitted as a special use in the R-1 One-Family and Planned Residential Development District. (Ord. 78-31, 3-5-79)
   2. Community activity center. (Ord. 94-13, 8-1-94)
   3. Two (2) duplexes on one (1) lot. (Ord. 99-34, 11-1-99)
   4. Supported Living Facility (Ord. 14-32, 12-15-14)
   5. Supported Living Facility With Limited Commercial Use. (Ord. 14-32, 12-15-14)
3. Required Lot Area And Lot Width: Every building hereafter erected or structurally enlarged shall be on a lot of the following minimum area and width:
   1. Interior lot one (1)-family dwellings hereafter erected or structurally enlarged shall be on a lot of not less than seven thousand five hundred (7,500) square feet and not less than seventy five feet (75’) width as measured at the building line. Corner lot one (1) -family dwellings shall be on a lot of not less than nine thousand five hundred (9,500) square feet and not less than ninety five feet (95’) width as measured at the building line.
      
   2. Interior lot two (2)-family dwellings hereafter erected or structurally enlarged shall be on a lot of not less than ten thousand (10,000) square feet and not less than one hundred feet (100’) width as measured at the building line. Corner lot two (2)-family dwellings shall be on a lot of not less than twelve thousand (12,000) square feet and a minimum width at the building line of one hundred twenty feet (120’).
   3. The above requirements for lot area shall not apply to planned residential developments which shall meet the requirements of Section 10-5-8 of this Chapter or for lots of record which shall meet the reduced requirements of Section 10-4-4 of this Title.
   4. For lots where a special use for two (2)- family dwellings has been granted, an interior lot must be twenty thousand (20,000) square feet with not less than one hundred feet (100’) width as measured at the building line and a corner lot shall be not less than twenty four thousand (24,000) square feet with a minimum width of one hundred twenty feet (120’) as measured at the building line. On either type of lot, duplexes must be at least fourteen feet (14’) apart. (Ord. 99-34, 11-1-99)
   5. Any lots within one-half (1/2) mile of a livestock feeding operation that is in operation at the time of the platting of the lots, must be one (1) acre in size. (amd. Ord. 06-19, 7-10-06)
4. Required Yard Areas: Every building hereafter erected or structurally enlarged shall provide or maintain the following yard requirements, except for lots of record which shall meet the reduced requirements of Section 10-4-4 of this Title and except for those general exceptions to yard requirements as outlined in Section 10-4-3 of this Title.
   1. Front Yard: No building shall be erected without providing or maintaining a front yard of thirty five feet (35’) unless the depth of the lot is less than one hundred thirty five feet (135’) in which case the front yard shall be no less than twenty five feet (25’). In the event the building is constructed in an established area on one side of the street between two (2) intersecting streets that is improved with buildings that have observed a front yard depth which is less than the thirty five feet (35’) or twenty five feet (25’) requirement, then in such established districts the front yard depth may be the same as, but no less than, the building immediately adjacent to either side of the proposed building.
   2. Side Yard: No building shall be erected or enlarged without providing or maintaining combined side yards of twenty feet (20’) or twenty percent (20%) of the lot width as measured at the building line, whichever is less; no single side yard shall be less than seven feet (7’).
   3. Rear Yard: No building shall be erected or enlarged without providing or maintaining a rear yard of twenty five feet (25’).
   4. Fences: Ornamental fences, enclosure fences, and chain link fences meeting the required conditions are exempt from the specific yard requirements as noted. Except those fences specifically permitted pursuant to the terms of this section, no other fences shall be permitted within the required yard area.
      1. Front Yard Fences:
         1. Front Yard Fences on Interior Residential Lots: Ornamental fences not exceeding three and one-half feet (3 1/2’) in height are permitted within the front yard. Enclosure fences are not permitted in front yards of interior lots.
            
         2. Front Yard Fences on Corner Lots: Ornamental fences not exceeding three and one-half feet (3 1/2’) in height are permitted in either front yard. An enclosure fence not exceeding six feet (6’) in height is permitted in that front yard which the building does not face, providing such front yard enclosure fence is set back from the property line one-half (1/2) the required front yard distance for that district or ten feet (10’), whichever is greater. It is further required that fences respect obstruction to visibility requirements of 10-4-3(I).
      2. Side and Rear Yard Fences: Ornamental fences and enclosure fences not exceeding six feet (6’) in height are permitted in the side and rear yards. Chain link fences not exceeding four feet (4’) in height are permitted in the side and rear yards. (amd. Ord. 08-30, 12-1-08)
5. Building Height: No building hereafter erected or portion of a building structurally enlarged shall exceed the following height limitations, except for these general exceptions to height limitations listed in Section 10-4-3 of this Title:
   1. Churches: forty five feet (45’) for the main structure.
   2. All other permitted buildings: thirty five feet (35’) or two and one-half (2 1/2) stories. (Ord. 78-31, 3-5-79)
6. Driveways: Driveways shall be permitted subject to the following:
   1. They may be within the required yard area, so long as such driveway complies in all regards with the specifications set forth in the Driveway Standards.
   2. No driveway shall be constructed closer than thirty-five feet (35') to any intersection of residential streets and fifty feet (50') to any intersection involving collector or major streets.
   3. No more than one driveway per dwelling unit shall be allowed, except however if a property abuts an alley which is driveable the property may maintain driveway access from both the alley and the fronting street.
   4. No more than one (1) driveway per dwelling unit shall be allowed. Notwithstanding the foregoing, for lots of a width of one hundred fifty feet (150’) or more (meaning frontage of one street of at least that distance), one (1) circular drive per lot is allowable, provided that the total driveway width of both openings does not exceed thirty-six feet (36’) and that any one (1) opening does not exceed twenty four feet (24’). A landscaped yard of min. twenty-five (25’) shall be maintained between the right-of-way and the edge of the circular driveway. For lots with an existing circular driveway installed prior to November 4, 2024, the circular driveway shall be considered "grandfathered." A grandfathered circular driveway may be maintained, repaired, or replaced, provided that it is not expanded or enlarged beyond its current dimensions. Any modification or expansion to the size of the existing circular driveway will result in the termination of its grandfathered status. Thereafter, the driveway must comply with the current requirements outlined in this section All circular driveways, including grandfathered circular driveways, shall otherwise conform to the other requirements in this Section.
      
   5. Common drives as recorded on play to be shared by adjacent lots are permitted in side yards
   6. For adjacent one (1) and two-family (2) residential structures, driveway pavement can extend to within six (6) feet of the side or rear property lines, and the landscape screening requirement is waived. Notwithstanding the foregoing, one(1) and two-family residential structures can only utilize the portion of the drive in the front yard, even though encroaching on the landscaped yard to partially meet the off-street parking requirements as provided in Section 10-8-6 of this Title.
   7. They shall be hard surfaced with bituminous concrete or concrete.
7. Accessory Uses or Buildings: Accessory uses and accessory buildings or structures shall be permitted subject to the following
   1. They shall be located within the required rear yard.
   2. They shall maintain a side and rear setback of six feet (6') for all lots except corner lots. For corner lots the accessory building or structure shall maintain a setback of twenty feet (20') for any side which abuts a street and six feet (6') for all other sides.
   3. They shall not be established within the territory of an existing Village of Morton easement or other utility easement
   4. There shall not be a limit on the permitted number of accessory structures per lot, except that no two (2) uses shall be identical. For purposes of this limitation, a gazebo shall not be considered an accessory building.
   5. The height of any accessory building or structure shall not exceed thirteen feet (13') or the height of the primary structure, whichever is less.  
   6. The following area limitations shall apply to individual accessory structures
      1. The area of any accessory building shall not exceed 1.6% of the lot area to a maximum of four hundred eighty (480) square feet.
      2. The area of any ground mount solar system shall not exceed 1.6% of the lot area to a maximum of four hundred eighty (480) square feet. The area of a ground mount solar system shall be calculated by determining the total lot area covered by solar panels when the solar panels are in the position which results in the greatest lot coverage.
      3. There shall be non limit on the size of any other individual accessory structure, subject however to the limitation on the total lot coverage set forth in this section for all accessory structures.
   7. Any side(s) of an accessory building abutting a street shall be screened as follows: at the time of construction (or if weather requires, no later than six(6) months after construction) two rows of evergreens shall be planted which shall be of a variety which, at maturity, shall grow together when planted ten feet (10') on center, and shall be at least five feet (5') in height when planted, and which rows shall be staggered or offset so as to maximize screening of the accessory structure. If the rear yard is completely enclosed by a privacy fence six feet (6') in height, then the landscape screening requirement shall be waived.
   8. The total area of all accessory structures uses permitted hereunder shall not exceed sixty percent (60%) of the actual rear yard.
   9. A garage may replace an existing garage and shall be allowed in areas in which a reduced landscaped yard is allowed subject to the following:
      1. The garage shall not exceed twenty-four and one-half feet (24 1/2') in width or length
      2. The new garage cannot be any closer to the rear or side lot line than the existing garage and in no event shall its wall be closer than two feet (2') or its eaves closer than one foot (1') from the side property line.
      3. Notwithstanding the other provisions of this Chapter, a driveway for a garage which meets the requirements of this subparagraph may be located as close to the side property line as is allowed the garage
   10. A play structure shall require a building permit, and shall be a permissible accessory structure subject to the provisions of this Section.
       
8. Minimum Square Footage for Single-Family Residences: Any building used as a single-family residence shall contain on the ground floor eight hundred (800) square feet of livable floor space.
   
9. Zero Lot Line Duplex: A duplex of which both dwelling units may be sold separately if:
   1. At the time the dwelling units are severed from common ownership, the owner or owners of the two (2) dwelling units have signed an agreement to run with the land, in a form adequate to ensure access for maintenance and providing for maintenance of the walls and driveways or a set of covenants and restrictions are in place to provide for said maintenance. Nothing in this subsection shall be interpreted as permitting the construction of any adjacent buildings using only one wall for both buildings; each building shall have its own wall. The provision with respect to the wall(s) shall apply only to buildings constructed after March 1, 1997.
   2. A resubdivision plat dividing the lot has been approved by the Village Plat Officer prior to recording. A formal subdivision procedure shall not be required.
   3. The duplex otherwise complies with the requirements of the Zoning Code, as amended from time to time. The subdivided lot shall be considered as one lot for purposes of all other provisions of the Zoning Code. A variance for yard requirements may be requested in the same manner as other variances. (Ord. 96-38, 3-17-97; amd. Ord. 03-38, 1-19-04)
10. R-2 Lot Conversion: For lots that are initially zoned R-2 as of September 1, 2009 and which have been platted, these lots may be subdivided into two (2) lots subject to the following:
    1. Initial lot width must be at least one hundred twenty feet (120’) and a subdivided lot must have a minimum width of sixty feet (60’) at the building set back line.
    2. The side setbacks may be reduced to a minimum of six feet (6’). Front and rear yard setbacks shall not be reduced.
    3. No more than eighty-five percent (85%) of the platted lots in any subdivision may be subdivided. (amd Ord. 11-07, 6-6-11)
    4. A new plat of the subdivided lots shall be provided, and it shall be in conformity with all Village ordinances. The Plan Director may approve the plat without submission to the Plan Commission or Village Board.
    5. The following size provisions shall apply to any residential unit built on a subdivided lot.
       
       1. The living space shall be one thousand two hundred (1,200) square feet for a one-story.
       2. The living space shall be one thousand five hundred (1,500) square feet with a minimum one thousand (1,000) square feet on the main floor and five hundred (500) square feet on the second floor for a story and one-half.
       3. The living space shall be a minimum square footage of one thousand eight hundred (1,800) with nine hundred (900) square feet on each floor for a two-story.
       The square footage shall mean living space and excludes the garage. (Ord. 09-24, 9-8-09)
       
11. Fences: Chain link fences not exceeding four feet (4’) in height shall be permitted in the R-2 District in areas outside of the required yard area. Ornamental fences and enclosure fences not exceeding six feet (6’) in height shall be permitted in the R-2 District in areas outside of the required yard area. It shall be unlawful for any person to erect, construct, maintain or permit a fence that is constructed of materials that are not specifically manufactured as fencing materials, such as rope, string, galvanized sheet metal, plywood, corrugated metal, or the like. It shall be unlawful for any person to erect, construct, maintain, or permit a fence that is constructed of materials that are intended for agricultural usage or for retaining livestock, such as barbed wire, chicken wire, hog wire, wire fabric, or other similar welded or woven wire fabrics. It shall further be unlawful for any person to construct a fence with slats of any material (including but not limited to metal, fiberglass or bamboo) threaded through a chain link fence. A direct path unobstructed from fencing shall be maintained between the street and the gas meter and water meter electronic reading device.
    
12. Parking Regulations: It shall be lawful in this zoning district to park recreational vehicles, campers, boat trailers and/or trailers on a driveway. In addition, it shall be lawful to park a trailer which is not an enclosed trailer in the rear yard on an all-weather, durable and dustless surface, such as an asphalt, interlocking concrete paver, brick or cement pavement surface. No recreational vehicle, camper, boat or trailer shall be parked in such a manner so as to obstruct, in whole or in part, a sidewalk, alley or street. It shall be unlawful for any person, firm or corporation to park any semitrailer, pole trailer, tow truck, tractor, or truck tractor on any lot in this zoning district. It shall be unlawful to any person to reside, even temporarily, in any recreational vehicle, camper, or trailer in this zoning district. It shall be unlawful to park any recreational vehicle, camper, boat trailer, or trailer in any manner not expressly permitted by this section.
13. DETACHED GARAGE: Every detached garage erected shall conform to the following:
    
    1. A detached garage shall have a maximum area of 1,000 square foot.
       
    2. A detached garage shall have a maximum side wall height of twelve (12) feet.
    3. A detached garage shall have a maximum roof height of twenty-five (25) feet, or the roof height of the primary structure, whichever is less.
    4. A detached garage shall be set back from the sidewalk, or when no sidewalk is present, from the curb not less than twenty (20') feet.
       
    5. A detached garage shall have no more than:
       
       1. One overhead door not taller than ten (10') feet and not wider than ten (10') feet; and
          
       2. One double stall overhead door not taller than eight (8') feet and not wider than twenty (20') feet; OR two single stall overhead doors not taller than eight (8') feet and not wider than (10') feet.
          
    6. A detached garage shall not be constructed in the front yard or within the required minimum side yard unless an exception under 10-4-3(0)(7) applies.
    7. A detached garage shall not be constructed on a vacant lot or before the primary structure.
       
    8. No portion of a detached garage shall be used as a dwelling.
       
    9. A detached garage shall be built using materials similar in composition, quality and design of the primary structure. Detached garages shall not be constructed using post-frame construction, and shall not have metal siding.
14. Satellite Dishes: A satellite dish, which is defined as a device used for the reception of communications or other signals from orbiting satellites, is permitted subject to the following conditions:
    1. Dishes mounted on the ground level shall not exceed a height of twelve feet (12')
    2. Dishes mounted on the rooftop or chimney of a structure shall not be greater than two feet (2') in diameter, and the highest point of the dish shall not exceed thirty five feet (35') measured from the top to the curb level
    3. The dish shall not contain any lettering other than that placed on same identifying the manufacturer and shall not otherwise be used for the display of messages
    4. Ground-mounted dishes shall be reasonably concealed from the view at ground level of adjacent properties on all sides, except to the side which the dish is directed to receive the signal. ON that side the view shall be obscured to the extent possible without interfering with the reception of the signal. Fencing or landscape screening shall be used for such purpose subject to the general requirements for same as provide don other sections of this Code. Any landscape screening that is used must be plated within six (6) months of the date of the installation of the dish and must be continuously maintained. Any landscape screening that is used must be non-deciduous and must be of a minimum height of four feet (4') when planted.
    5. A ground-mounted dish shall be considered an accessory use.
    6. A satellite dish may be used only if it is permanently affixed to the ground, rooftop, or chimney of a structure. Satellite antenna dishes may not be located or affixed to any moveable object, including but not limited to motor vehicles, trailers or other moveable objects. The use of a satellite antenna dish on a temporary basis is expressly prohibited.
15. Swimming pools: Swimming pools shall be permitted, subject to the following
    1. Each swimming pool shall conform to the requirements of an accessory use
    2. Surrounding each swimming pool, whether the pool be inground or above ground, there shall be erected an enclosure fence which shall be at least five feet (5') in height. A wall of at least five feet (5') in height is sufficient for one ()1) or more sides of the enclosure. A screened-in patio area completely enclosing a pool shall be considered an appropriate enclosure. All existing swimming pools that have an enclosure fence of at least four feet (4') in height and/or walls of a least four feet (4') in height may remain in existence, and no modifications are needed to same. In such cases, such fences or walls may be repaired or maintained, but they shall not be replaced or moved from their present location.
    3. The gates of the required fence shall be self-closing and have self-latching latches placed at least four feet (4') above the ground. The fence shall be so constructed as to not allow a five inch (5") diameter sphere to pass through the fence
    4. No pool shall be filled with water of a depth of two feet (2') or more until the enclosure required by this Section has been provided.
    5. Swimming pools and their required enclosures shall be maintained in a reasonable state of repair and condition. Water shall not be allowed to become stagnant.
       
16. Landscaped Buffers or Screening Required: Newly established multi-family uses adjacent to or backing on single-family uses shall provide and continuously maintain on that property line a dense hedge, tree row, or other similar landscape device suitable to visually screen the differing types of adjacent uses from one another.
    
    

1. Permitted Uses:
   1. Any use permitted as a "permitted use" in the R-1 One-Family and Planned Residential Development District and in the R-2 Two-Family and Planned Residential Development District.
   2. Three (3) or four (4)-family dwellings.
2. Special Uses: The following are permitted subject to the public hearing and other special permit procedure requirements as outlined in Chapter 10 of this Title:
   1. Any use permitted as a "special use" in the R-1 One-Family and Planned Residential Development District and in the R-2 Two-Family and Planned Residential Development District.
   2. Boarding houses or lodging houses.
   3. Public buildings such as art galleries and libraries.
   4. Membership clubs and lodges not primarily oriented to services normally carried on as a business or primarily for gain and including dining facilities for the exclusive use of members.
3. Required Lot Area And Lot Width: Except for planned residential developments which shall meet the requirements of Section 10-5-8 of this Chapter and for lots of record which shall meet the reduced requirements of Section 10-4-4 of this Title, the following lot area requirements shall apply:
   1. Every interior lot three (3) or four (4)-family dwelling and residential building hereafter erected or structurally enlarged shall provide a minimum lot width as measured at the building line of one hundred feet (100') and a minimum lot area of thirteen thousand two hundred (13,200) square feet.
   2. Every corner lot three (3) or four (4)-family dwelling and residential building hereafter erected or structurally enlarged shall provide a minimum lot width as measured at the building line of one hundred twenty feet (120') and a minimum lot area of fifteen thousand eight hundred forty (15,840) square feet.
   3. Any lots within one-half (1/2) mile of a livestock feeding operation that is in operation at the time of the platting of the lots, must be one (1) acre in size. (amd. Ord. 06-19, 7-10-06)
      
4. Required Yard Area: Every building hereafter erected or structurally enlarged shall provide or maintain the following minimum yard requirements, except for lots of record which shall meet the reduced requirements of Section 10-4-4 of this Title, and except for those general exceptions to yard requirements as outlined in Section 10-4-3 of this Title:
   1. Front Yard: No building shall be erected without providing or maintaining a front yard of thirty-five feet (35') unless the depth of the lot is less than one hundred thirty-five feet (135'), in which case the front yard shall be no less than twenty-five feet (25'). In the event the building is constructed in an established area on one side of the street between two (2) intersecting streets that is improved with buildings that have observed a front yard depth which is less than the thirty-five feet (35') or twenty-five feet (25') requirement, then in such established districts, the front yard depth may be the same as, but not less than, the building immediately adjacent to either side of the proposed building.
   2. Side Yard: No building shall be erected without providing or maintaining combined side yards of twenty feet (20'), and a minimum individual side yard of seven feet (7') for buildings or structures up to twenty feet (20') in height. Buildings or structures over twenty feet (20') in height to thirty-five feet (35') in height shall require a minimum individual side yard of fifteen feet (15').
   3. Rear Yard: No building shall be erected without providing or maintaining a rear yard of twenty-five feet (25').
   4. Fences: Ornamental fences, enclosure fences and chain link fences meeting the required conditions are exempt from the specific yard requirements as noted. Except those fences specifically permitted pursuant to the terms of this section, no other fences shall be permitted within the required yard area.
      1. Front Yard Fences:
         1. Front Yard Fences on Interior Residential Lots: Ornamental fences not exceeding three and one-half feet (3 1/2’) in height are permitted within the front yard. Enclosure fences are not permitted in front yards of interior lots.
         2. Front Yard Fences on Corner Lots: Ornamental fences not exceeding three and one-half feet (3 1/2’) in height are permitted in either front yard. An enclosure fence not exceeding six feet (6’) in height is permitted in that front yard which the building does not face, providing such front yard enclosure fence is set back from the property line one-half (1/2) the required front yard distance for that district or ten feet (10’), whichever is greater. It is further required that fences respect obstruction to visibility requirements of 10-4-3(I).
      2. Side and Rear Yard Fences: Ornamental fences and enclosure fences not exceeding six feet (6’) in height are permitted in the side and rear yards. Chain link fences not exceeding four feet (4’) in height are permitted in the side and rear yards. (amd. Ord. 08-30, 12-1-08)
   5. Pavement: Pavement shall be no closer than ten feet (10’) to the side and rear property lines. Landscape screening shall be required whenever pavement is closer than the building setback line.  
   6. Parking Lot Light Poles: Parking lot light poles may extend an additional three feet (3’) into the required landscaped yard setback
      
5. Building Height: No building or structure hereafter erected or structurally enlarged shall exceed two and one-half (2 1/2) stories or thirty-five feet (35') in height, except for those general exceptions to height limitations as outlined in Section 10-4-3 of this Title. Buildings exceeding thirty-five feet (35') in height may be permitted as a special use subject to public hearing and other special permit procedure requirements as outlined in Chapter 10 of this Title. (Ord. 03-44, 03-15-04) 
6. Minimum Square Footage for Single-Family Residences: Any building used as a single-family residence shall contain on the ground floor eight hundred (800) square feet of livable floor space.
   
7. Fences: Chain link fences not exceeding four feet (4’) in height shall be permitted in the R-3 District in areas outside of the required yard area. Ornamental fences and enclosure fences not exceeding six feet (6’) in height shall be permitted in the R-3 District in areas outside of the required yard area. It shall be unlawful for any person to erect, construct, maintain or permit a fence that is constructed of materials that are not specifically manufactured as fencing materials, such as rope, string, galvanized sheet metal, plywood, corrugated metal, or the like. It shall be unlawful for any person to erect, construct, maintain, or permit a fence that is constructed of materials that are intended for agricultural usage or for retaining livestock, such as barbed wire, chicken wire, hog wire, wire fabric, or other similar welded or woven wire fabrics. It shall further be unlawful for any person to construct a fence with slats of any material (including but not limited to metal, fiberglass or bamboo) threaded through a chain link fence. A direct path unobstructed from fencing shall be maintained between the street and the gas meter and water meter electronic reading device.
   
8. Parking Regulations: It shall be lawful in this zoning district to park recreational vehicles, campers, boat trailers and/or trailers on a driveway. In addition, it shall be lawful to park a trailer which is not an enclosed trailer in the rear yard on an all-weather, durable and dustless surface, such as an asphalt, interlocking concrete paver, brick or cement pavement surface. No recreational vehicle, camper, boat or trailer shall be parked in such a manner so as to obstruct, in whole or in part, a sidewalk, alley or street. It shall be unlawful for any person, firm or corporation to park any semitrailer, pole trailer, tow truck, tractor, or truck tractor on any lot in this zoning district. It shall be unlawful to any person to reside, even temporarily, in any recreational vehicle, camper, or trailer in this zoning district. It shall be unlawful to park any recreational vehicle, camper, boat trailer, or trailer in any manner not expressly permitted by this section.
9. Satellite Dishes: A satellite dish, which is defined as a device used for the reception of communications or other signals from orbiting satellites, is permitted subject to the following conditions:
   1. Dishes mounted on the ground level shall not exceed a height of twelve feet (12')
   2. Dishes mounted on the rooftop or chimney of a structure shall not be greater than two feet (2') in diameter, and the highest point of the dish shall not exceed thirty five feet (35') measured from the top to the curb level
   3. The dish shall not contain any lettering other than that placed on same identifying the manufacturer and shall not otherwise be used for the display of messages
   4. Ground-mounted dishes shall be reasonably concealed from the view at ground level of adjacent properties on all sides, except to the side which the dish is directed to receive the signal. ON that side the view shall be obscured to the extent possible without interfering with the reception of the signal. Fencing or landscape screening shall be used for such purpose subject to the general requirements for same as provide don other sections of this Code. Any landscape screening that is used must be plated within six (6) months of the date of the installation of the dish and must be continuously maintained. Any landscape screening that is used must be non-deciduous and must be of a minimum height of four feet (4') when planted.
   5. A ground-mounted dish shall be considered an accessory use.
   6. A satellite dish may be used only if it is permanently affixed to the ground, rooftop, or chimney of a structure. Satellite antenna dishes may not be located or affixed to any moveable object, including but not limited to motor vehicles, trailers or other moveable objects. The use of a satellite antenna dish on a temporary basis is expressly prohibited.
10. Swimming pools: Swimming pools shall be permitted, subject to the following
    1. Each swimming pool shall conform to the requirements of an accessory use
    2. Surrounding each swimming pool, whether the pool be inground or above ground, there shall be erected an enclosure fence which shall be at least five feet (5') in height. A wall of at least five feet (5') in height is sufficient for one ()1) or more sides of the enclosure. A screened-in patio area completely enclosing a pool shall be considered an appropriate enclosure. All existing swimming pools that have an enclosure fence of at least four feet (4') in height and/or walls of a least four feet (4') in height may remain in existence, and no modifications are needed to same. In such cases, such fences or walls may be repaired or maintained, but they shall not be replaced or moved from their present location.
    3. The gates of the required fence shall be self-closing and have self-latching latches placed at least four feet (4') above the ground. The fence shall be so constructed as to not allow a five inch (5") diameter sphere to pass through the fence
    4. No pool shall be filled with water of a depth of two feet (2') or more until the enclosure required by this Section has been provided.
    5. Swimming pools and their required enclosures shall be maintained in a reasonable state of repair and condition. Water shall not be allowed to become stagnant.
       
11. Landscaped Buffers or Screening Required: Newly established multi-family uses adjacent to or backing on single-family uses shall provide and continuously maintain on that property line a dense hedge, tree row, or other similar landscape device suitable to visually screen the differing types of adjacent uses from one another.
12. Accessory Uses or Buildings: Accessory uses and accessory buildings or structures shall be permitted subject to the following
    1. They shall be located within the required rear yard.
    2. They shall maintain a side and rear setback of six feet (6') for all lots except corner lots. For corner lots the accessory building or structure shall maintain a setback of twenty feet (20') for any side which abuts a street and six feet (6') for all other sides.
    3. They shall not be established within the territory of an existing Village of Morton easement or other utility easement
    4. There shall not be a limit on the permitted number of accessory structures per lot, except that no two (2) uses shall be identical. For purposes of this limitation, a gazebo shall not be considered an accessory building.
    5. The height of any accessory building or structure shall not exceed thirteen feet (13') or the height of the primary structure, whichever is less.
    6. The following area limitations shall apply to individual accessory structures
       1. The area of any accessory building shall not exceed 1.6% of the lot area to a maximum of four hundred eighty (480) square feet.
       2. The area of any ground mount solar system shall not exceed 1.6% of the lot area to a maximum of four hundred eighty (480) square feet. The area of a ground mount solar system shall be calculated by determining the total lot area covered by solar panels when the solar panels are in the position which results in the greatest lot coverage.
          
       3. There shall be non limit on the size of any other individual accessory structure, subject however to the limitation on the total lot coverage set forth in this section for all accessory structures.
          
    7. Any side(s) of an accessory building visible from a public or private street shall be screened as follows: at the time of construction (or if weather requires, no later than six(6) months after construction) two rows of evergreens shall be planted which shall be of a variety which, at maturity, shall grow together when planted ten feet (10') on center, and shall be at least five feet (5') in height when planted, and which rows shall be staggered or offset so as to maximize screening of the accessory structure. If the rear yard is completely enclosed by a privacy fence six feet (6') in height, then the landscape screening requirement shall be waived. After landscape screening is installed, it shall be maintained at all times.
    8. The total area of all accessory structures uses permitted hereunder shall not exceed sixty percent (60%) of the actual rear yard.
    9. A garage may replace an existing garage and shall be allowed in areas in which a reduced landscaped yard is allowed subject to the following:
       1. The garage shall not exceed twenty-four and one-half feet (24 1/2') in width or length
       2. The new garage cannot be any closer to the rear or side lot line than the existing garage and in no event shall its wall be closer than two feet (2') or its eaves closer than one foot (1') from the side property line.
       3. Notwithstanding the other provisions of this Chapter, a driveway for a garage which meets the requirements of this subparagraph may be located as close to the side property line as is allowed the garage 
    10. A play structure shall require a building permit, and shall be a permissible accessory structure subject to the provisions of this Section.
        
    
    
    

1. Permitted Uses:
   1. Any use permitted as a "permitted use" in the R-1 One-Family and Planned Residential Development District, in the R-2 Two-Family and Planned Residential Development District, and in the R-3 Three or Four-Family and Planned Residential Development District.
      
   2. Multi-family dwellings and apartments.
2. Special Uses: 
   1. Any use permitted as a "special use" in the R-1 One-Family and Planned Residential Development District, in the R-2 Two-Family and Planned Residential Development District, and in the R-3 Three or Four-Family and Planned Residential Development District.
   2. Short Term Vacation Rentals
      
3. Required Lot Area and Lot Width: Except for planned residential developments which shall meet the requirements of Section 10-5-8 of this Chapter and for lots of record which shall meet the reduced requirements of Section 10-4-4 of this Title, the following lot area requirements shall apply:
   1. Every interior lot multi-family dwelling and residential building hereafter erected or structurally enlarged shall provide a minimum lot width as measured at the building line of one hundred feet (100') and a minimum lot area of the greater of: a) thirteen thousand two hundred (13,200) square feet, or b) two thousand two hundred (2,200) square feet per dwelling unit.
   2. Every corner lot multi-family dwelling and residential building hereafter erected or structurally enlarged shall provide a minimum lot width as measured at the building line of one hundred twenty feet (120') and a minimum lot area of the greater of a) fifteen thousand eight hundred forty (15,840) square feet, or b) two thousand two hundred (2,200) square feet per dwelling unit.
   3. Any lots within one-half (1/2) mile of a livestock feeding operation that is in operation at the time of the platting of the lots, must be one (1) acre in size. (amd. Ord. 06-19, 7-10-06)
4. Required Yard Area: Every building hereafter erected or structurally enlarged shall provide or maintain the following minimum yard requirements, except for lots of record which shall meet the reduced requirements of Section 10-4-4 of this Title, and except for those general exceptions to yard requirements as outlined in Section 10-4-3 of this Title:
   1. Front Yard: No building shall be erected without providing or maintaining a front yard of thirty-five feet (35') unless the depth of the lot is less than one hundred thirty-five feet (135'), in which case the front yard shall be no less than twenty-five feet (25'). In the event the building is constructed in an established area on one side of the street between two (2) intersecting streets that is improved with buildings that have observed a front yard depth which is less than the thirty-five feet (35') or twenty-five feet (25') requirement, then in such established districts, the front yard depth may be the same as, but not less than, the building immediately adjacent to either side of the proposed building.
   2. Side Yard: No building shall be erected without providing or maintaining combined side yards of twenty feet (20'), and a minimum individual side yard of seven feet (7') for buildings or structures up to twenty feet (20') in height. Buildings or structures over twenty feet (20') in height up to forty-five feet (45') in height shall require a minimum individual side yard of fifteen feet (15').
   3. Rear Yard: No building shall be erected without providing or maintaining a rear yard of twenty-five feet (25').
   4. Fences: Ornamental fences, enclosure fences, and chain link fences meeting the required conditions are exempt from the specific yard requirements as noted. Except those fences specifically permitted pursuant to the terms of this section, no other fences shall be permitted within the required yard area.
      1. Front Yard Fences:
         
         1. Front Yard Fences on Interior Residential Lots: Ornamental fences not exceeding three and one-half feet (3 1/2’) in height are permitted within the front yard. Enclosure fences are not permitted in front yards of interior lots.
         2. Front Yard Fences on Corner Lots: Ornamental fences not exceeding three and one-half feet (3 1/2’) in height are permitted in either front yard. An enclosure fence not exceeding six feet (6’) in height is permitted in that front yard which the building does not face, providing such front yard enclosure fence is set back from the property line one-half (1/2) the required front yard distance for that district or ten feet (10’), whichever is greater. It is further required that fences respect obstruction to visibility requirements of 10-4-3(I).
      2. Side and Rear Yard Fences: Ornamental fences and enclosure fences not exceeding six feet (6’) in height are permitted in the side and rear yards. Chain link fences not exceeding four feet (4’) in height are permitted in the side and rear yards. (amd. Ord. 08-30, 12-1-08)
   5. Parking Lot Light Poles: Parking lot light poles may extend an additional three feet (3’) into the required landscaped yard setback
      
5. Building Height: No building or structure hereafter erected or structurally enlarged shall exceed two and one-half (2 1/2) stories or thirty-five feet (35’) in height, except for those general exceptions to height limitations as outlined in Section 10-4-3 of this Title. Buildings exceeding thirty-five feet (35’) in height may be permitted as a special use subject to public hearing and other special permit procedure requirements as outlined in Chapter 10 of this Title. (Ord. 03-44, 03-15-04) 
6. Minimum Square Footage for Single-Family Residences: Any building used as a single-family residence shall contain on the ground floor eight hundred (800) square feet of livable floor space.
   
7. Fences: Chain link fences not exceeding four feet (4’) in height shall be permitted in the R-4 District in areas outside of the required yard area. Ornamental fences and enclosure fences not exceeding six feet (6’) in height shall be permitted in the R-4 District in areas outside of the required yard area. It shall be unlawful for any person to erect, construct, maintain or permit a fence that is constructed of materials that are not specifically manufactured as fencing materials, such as rope, string, galvanized sheet metal, plywood, corrugated metal, or the like. It shall be unlawful for any person to erect, construct, maintain, or permit a fence that is constructed of materials that are intended for agricultural usage or for retaining livestock, such as barbed wire, chicken wire, hog wire, wire fabric, or other similar welded or woven wire fabrics. It shall further be unlawful for any person to construct a fence with slats of any material (including but not limited to metal, fiberglass or bamboo) threaded through a chain link fence. A direct path unobstructed from fencing shall be maintained between the street and the gas meter and water meter electronic reading device.
8. Parking Regulations: It shall be lawful in this zoning district to park recreational vehicles, campers, boat trailers and/or trailers on a driveway. In addition, it shall be lawful to park a trailer which is not an enclosed trailer in the rear yard on an all-weather, durable and dustless surface, such as an asphalt, interlocking concrete paver, brick or cement pavement surface. No recreational vehicle, camper, boat or trailer shall be parked in such a manner so as to obstruct, in whole or in part, a sidewalk, alley or street. It shall be unlawful for any person, firm or corporation to park any semitrailer, pole trailer, tow truck, tractor, or truck tractor on any lot in this zoning district. It shall be unlawful to any person to reside, even temporarily, in any recreational vehicle, camper, or trailer in this zoning district. It shall be unlawful to park any recreational vehicle, camper, boat trailer, or trailer in any manner not expressly permitted by this section.
9. Satellite Dishes: A satellite dish, which is defined as a device used for the reception of communications or other signals from orbiting satellites, is permitted subject to the following conditions:
   1. Dishes mounted on the ground level shall not exceed a height of twelve feet (12')
   2. Dishes mounted on the rooftop or chimney of a structure shall not be greater than two feet (2') in diameter, and the highest point of the dish shall not exceed thirty five feet (35') measured from the top to the curb level
   3. The dish shall not contain any lettering other than that placed on same identifying the manufacturer and shall not otherwise be used for the display of messages
   4. Ground-mounted dishes shall be reasonably concealed from the view at ground level of adjacent properties on all sides, except to the side which the dish is directed to receive the signal. ON that side the view shall be obscured to the extent possible without interfering with the reception of the signal. Fencing or landscape screening shall be used for such purpose subject to the general requirements for same as provide don other sections of this Code. Any landscape screening that is used must be plated within six (6) months of the date of the installation of the dish and must be continuously maintained. Any landscape screening that is used must be non-deciduous and must be of a minimum height of four feet (4') when planted.
   5. A ground-mounted dish shall be considered an accessory use.
   6. A satellite dish may be used only if it is permanently affixed to the ground, rooftop, or chimney of a structure. Satellite antenna dishes may not be located or affixed to any moveable object, including but not limited to motor vehicles, trailers or other moveable objects. The use of a satellite antenna dish on a temporary basis is expressly prohibited.
10. Swimming pools: Swimming pools shall be permitted, subject to the following
    1. Each swimming pool shall conform to the requirements of an accessory use
    2. Surrounding each swimming pool, whether the pool be inground or above ground, there shall be erected an enclosure fence which shall be at least five feet (5') in height. A wall of at least five feet (5') in height is sufficient for one ()1) or more sides of the enclosure. A screened-in patio area completely enclosing a pool shall be considered an appropriate enclosure. All existing swimming pools that have an enclosure fence of at least four feet (4') in height and/or walls of a least four feet (4') in height may remain in existence, and no modifications are needed to same. In such cases, such fences or walls may be repaired or maintained, but they shall not be replaced or moved from their present location.
    3. The gates of the required fence shall be self-closing and have self-latching latches placed at least four feet (4') above the ground. The fence shall be so constructed as to not allow a five inch (5") diameter sphere to pass through the fence
    4. No pool shall be filled with water of a depth of two feet (2') or more until the enclosure required by this Section has been provided.
    5. Swimming pools and their required enclosures shall be maintained in a reasonable state of repair and condition. Water shall not be allowed to become stagnant.
       
11. Landscaped Buffers or Screening Required: Newly established multi-family uses adjacent to or backing on single-family uses shall provide and continuously maintain on that property line a dense hedge, tree row, or other similar landscape device suitable to visually screen the differing types of adjacent uses from one another.
12. Accessory Uses or Buildings: Accessory uses and accessory buildings or structures shall be permitted subject to the following
    1. They shall be located within the required rear yard.
    2. They shall maintain a side and rear setback of six feet (6') for all lots except corner lots. For corner lots the accessory building or structure shall maintain a setback of twenty feet (20') for any side which abuts a street and six feet (6') for all other sides.
    3. They shall not be established within the territory of an existing Village of Morton easement or other utility easement
    4. There shall not be a limit on the permitted number of accessory structures per lot, except that no two (2) uses shall be identical. For purposes of this limitation, a gazebo shall not be considered an accessory building.
    5. The height of any accessory building or structure shall not exceed thirteen feet (13') or the height of the primary structure, whichever is less.
    6. The following area limitations shall apply to individual accessory structures
       1. The area of any accessory building shall not exceed 1.6% of the lot area to a maximum of four hundred eighty (480) square feet.
       2. The area of any ground mount solar system shall not exceed 1.6% of the lot area to a maximum of four hundred eighty (480) square feet. The area of a ground mount solar system shall be calculated by determining the total lot area covered by solar panels when the solar panels are in the position which results in the greatest lot coverage.
       3. There shall be non limit on the size of any other individual accessory structure, subject however to the limitation on the total lot coverage set forth in this section for all accessory structures.
    7. Any side(s) of an accessory building visible from a public or private street shall be screened as follows: at the time of construction (or if weather requires, no later than six(6) months after construction) two rows of evergreens shall be planted which shall be of a variety which, at maturity, shall grow together when planted ten feet (10') on center, and shall be at least five feet (5') in height when planted, and which rows shall be staggered or offset so as to maximize screening of the accessory structure. If the rear yard is completely enclosed by a privacy fence six feet (6') in height, then the landscape screening requirement shall be waived. After landscape screening is installed, it shall be maintained at all times.
    8. The total area of all accessory structures uses permitted hereunder shall not exceed sixty percent (60%) of the actual rear yard.
    9. A garage may replace an existing garage and shall be allowed in areas in which a reduced landscaped yard is allowed subject to the following:
       1. The garage shall not exceed twenty-four and one-half feet (24 1/2') in width or length
       2. The new garage cannot be any closer to the rear or side lot line than the existing garage and in no event shall its wall be closer than two feet (2') or its eaves closer than one foot (1') from the side property line.
       3. Notwithstanding the other provisions of this Chapter, a driveway for a garage which meets the requirements of this subparagraph may be located as close to the side property line as is allowed the garage
    10. A play structure shall require a building permit, and shall be a permissible accessory structure subject to the provisions of this Section.
        
    
    
    

1. Permitted Uses: Manufactured homes and mobile home courts meeting the following requirements: (Ord. 78-31, 3-5-79; amd. Ord. 82-8, 8-2-82; amd. Ord. 98-45, 3-15-99; 03-44, 03-15-04)
   1. Frost protected connections to the Municipal water and sewer facilities and stormwater drainage, all inspected and approved by the Village Engineer at the time of connection;
   2. Electrical outlets and ground connections, with all connections inspected and approved by the Village Engineer at the time of connection;
   3. Black top or concrete surface driveway not less than eighteen feet (18’) in width providing access to each site and one (1) parking space for each site in addition to the driveway;
   4. A minimum individual mobile home or manufactured home site size of not less than five thousand (5,000) square feet, and a width of not less than fifty feet (50’); and
   5. Each mobile home or manufactured home must be equipped with sanitary sewer facilities and connected to Village sanitary sewer system, with all connections inspected and approved by the Village Engineer prior to the issuance of a certificate of occupancy for such mobile home or manufactured home.
2. Required Lot Area: Each mobile home court shall have an area of not less than ten (10) acres and an average density of mobile home lots of not more than eight (8) per acre.
3. Yards Required: All mobile home courts shall provide lots sufficient to maintain the following minimum requirements:
   1. No mobile home or manufactured home or any structure, addition, or appurtenance thereto is located less than ten feet (10’) from the nearest adjacent lot boundary line.
   2. Space between mobile homes or between manufactured homes may be used for the parking of motor vehicles if the space is clearly designated and the vehicle is parked at least ten feet (10’) from the nearest adjacent lot.
      
4. All mobile home courts shall be screened from public view by landscape screening as defined in Section 10-2-1 of this Title before a permit for occupancy is issued.
5. Accessory buildings and structures shall be permitted, subject to the following:
   1. For purposes of this subsection, accessory buildings and structures shall include, but not be limited to, sheds, carports, porches, decks, or other additions or appurtenances to a manufactured home or mobile home.
   2. There shall be no more than two (2) accessory buildings or structures per mobile home or manufactured home lot.
   3. The height of any building or structure shall not exceed thirteen feet (13’) or the height of the manufactured home or mobile home, whichever is less.
   4. The construction, reconstruction, repair, or replacement of an accessory building or structure shall be subject to all building regulations, including but not limited to any permit requirements, set forth in Title 4 of the Village of Morton Municipal Code.
6. All mobiles homes, manufactured homes, and mobile home courts must comply with the provisions of Chapter 5 of Title 4 of the Village of Morton Municipal Code, and must obtain a development permit from the Flood Plain Administrator prior to placing, constructing, reconstructing, or relocating any mobile home, manufactured home, or accessory building or structure within a floodplain within the jurisdiction of the Village. (amd. Ord. 19-10, 8-20-18)
   

1. Purpose: The Village of Morton, being confronted with increased urbanization and acknowledging that the technology of land development and demand for housing are undergoing substantial changes, establishes the planned residential development procedure for the following purposes, except as provided in subparagraph O: (amd. 03-44, 03-15-04; amd. Ord. 07-38, 10-01-07)
   1. To encourage innovations in residential development so that the demands for housing may be met by greater variety in type, design, and arrangement of dwellings and conservation space.
   2. To encourage types of housing developments providing greater opportunities for better housing and recreation to all citizens of the Village.
   3. To provide a procedure which can relate the type, design, and layout of residential development to the particular site and the particular demand for housing at the time of development in a manner consistent with the preservation of the property values in the residential districts.
   4. To provide variety and flexibility in land development necessary to meet changes in technology and demand, consistent with the best interests of the Village.
   5. To provide for more efficient allocation and maintenance of open space subordinate to new residential development through private initiative.
   6. To provide for the more efficient use of those public facilities required in connection with new residential development.
2. Planned Residential Development Definitions, except as provided in subparagraph O: (amd. Ord. 07-38, 10-01-07)
   
   PLANNED RESIDENTIAL DEVELOPMENT: A “planned residential development” shall mean an area of land controlled by a single landowner to be developed as a single entity for a number of dwelling units and permanent open space to meet the stated purpose of this Section, the plan for which does not conform in lot size, bulk, type of dwelling, density, lot coverage, or required open space in any one residential district established by any other chapter of this Title.
   
   LANDOWNER: The term 'landowner” shall mean the legal or beneficial owner or owners of all the land proposed to be included in a planned residential development. The holder of an option or contract to purchase, a lessee having a remaining term of not less than forty (40) years, or other persons having an enforceable proprietary interest in such land shall be deemed to be a landowner for the purpose of this Section of the Zoning Ordinance.
   
   COMMON OPEN SPACE: “Common open space” shall mean a specific parcel or area of the site in usable size and configuration, and well located in relation to other aspects of the site development plan, to accommodate permanent green space and/or recreation facilities for the common use and enjoyment of the residents. The Plan Commission, in its review, shall determine the appropriateness of the site or sites to be set aside for common open space in relation to the uses for which proposed. The common open space shall be in addition to open site area owned and utilized in common for building setting, walks, drives, etc., which is not in most instances in usable shape and configuration for recreational uses. (Ord. 78-31, 3-5-79)
3. Minimum Area For Planned Residential Development: No Planned Residential Development shall be permitted for a property smaller than three and one-half (3.5) acres. For developments from three and one-half (3.5) acres to less than five (5) acres, the additional provisions of subparagraph (O) shall apply. (Ord. 92-11, 8-17-92; amd. Ord. 07-38, 10-01-07)
4. Standards And Criteria Of Common Open Space: A plan that is not inconsistent with 1) the foregoing statement of purpose of planned residential developments; 2) the general standard as set out hereafter; or 3) the specific rules and regulations for planned residential development approval then in force, shall be deemed to be eligible for review for tentative approval, except as provided in subparagraph O. (amd. Ord. 07-38, 10-01-07)
   
   A plan shall be consistent with the following general standards for use of land, and the use, type, bulk, design, and location of building, the density or intensity of use, the common open space, the public facilities, and the development by geographic division of the site:
   1. Variety Of Housing Types Allowed: Regardless of the residential district in which it is located, the plan may provide for a variety of housing types.
   2. Maximum Building Coverage: The total ground area occupied by buildings and structures shall not exceed forty percent (40%) of the ground area of the planned residential development.
   3. Height Of Buildings: Height of buildings shall not be a basis for denial or approval of any plan, provided any structures in excess of thirty five feet (35’) shall be designed and platted to be consistent with the reasonable enjoyment of neighboring property.
   4. Architectural Style: Architectural style of buildings shall not be a basis for denial or approval of a plan.
   5. Non-Residential Uses: Non-residential uses of a religious, educational, or recreational nature may be incorporated in the proposed plan.
      
   6. Allowable Dwelling Units:
      1. Plans Not Increasing Dwelling Units: Any plan that does not propose to increase the number of dwelling units on the particular tract than would otherwise be allowed under the appropriate zoning district(s) in which the tract is included, shall not be disapproved insofar as intensity of use or number of dwelling units is concerned.
      2. Plans Increasing Dwelling Units: In all residential districts, except the R-3 Districts, a plan may provide for a greater number of dwelling units on the particular tract than would otherwise be allowed under the appropriate zoning district(s) in which the tract is included, but if the number of dwelling units exceeds by more than thirty percent (30%) that permitted by the regulations otherwise applicable to the site, the landowner shall have the burden to show that such excess will not have an undue and adverse impact on existing public facilities and on the reasonable enjoyment of neighboring property. The Plan Commission, in determining the reasonableness of any further increase in the number of dwelling units over the allowable thirty percent (30%) increase, shall recognize that increased density may be compensated for by additional amenities in the site development, amount and proposed use, and the type of development and improvement to be provided the common open space, and location, design and type of dwelling units, and the nature and type of walks, bikeways and site landscaping to be carried out. In no case, however, shall the increased number of dwelling units exceed forty percent (40%) of the number that would be allowed on that particular tract under the appropriate zoning regulations.
      3. Computing Allowable Dwelling Densities: For purposes of estimating allowable numbers of dwellings under the appropriate zoning districts, or the extent by which that number can be increased through planned residential development, the following shall be the basis which shall rule to determine number of dwelling units/gross acres of land. These factors shall be applied to total project acreage in the appropriate zone less the acreage for proposed major or collector streets:
         
         

         Existing Zoning	D./Acre Existing Zoning	30% Increase D./Acre	40% Increase D./Acre
         R-S	1.0	1.3	1.4
         R-1	4.6	6.0	6.4
         R-2	6.8	8.9	9.5
         R-3	17.3	- - -Increases Not Permitted- - -

         (Ord. 78-31, 3-5-79)
5. Amount And Location Of Common Open Space: In each planned residential development, fifteen percent (15%) of the tract, but in no case less than one and one-half (1 1/2) acres, shall be provided for common open space, except as provided in subparagraph O. (Ord. 92-11, 8-17-92; amd. Ord. 07-38, 10-01-07)
6. Plan To Be Guaranteed By Covenants And Easements: The plan of the planned residential development may be accompanied by such proposed covenants, easements, and other provisions relating to the bulk, location, and density of the residential units, the provision of open space and public facilities as are necessary for the welfare of the planned residential development and not inconsistent with the best interests of the community.
   
7. Subdivision Regulations May Be Varied In A Planned Residential Development: The planned residential development may vary from the required standards for the arrangement and width of streets (but not quality of construction), provision and location of sidewalks and layout of parking areas (but not reduced requirement of parking spaces) and deviation from Village standards in street signs, street lighting, and other such improvements to comply with the character of the proposed development where it is found by the Planning Commission that adherence to such standards are not in the best interests of the residents of the planned residential development and that the modifications or variation from such regulations are not inconsistent with the best interests of the Village.¹
8. Application For Tentative Approval Of Planned Residential Development:
   1. Plan Commission May Establish Additional Rules For Review Of Planned Residential Developments: The Plan Commission may make such additional written general rules regarding general procedure and form of applications as it may determine, provided they are not inconsistent herewith.
   2. Filing Fee For Tentative Planned Residential Development Approval: The application for tentative approval shall be executed by or on behalf of the landowner and filed in duplicate with the Zoning Enforcing Officer accompanied by the appropriate filing fee payable to the Village of Morton. Said filing fee shall be used to partially defray the cost of the public hearing and any professional assistance utilized by the community in the review of the proposed project.²
   3. The Application For Tentative Approval Of A Planned Residential Development Shall Be Accompanied By The Following Materials:
      1. A boundary survey including a written legal description of the exact acreage for which the planned residential development is being proposed. Such map shall be at a scale of not smaller than two hundred feet to the inch (1” = 200’) and prepared by a registered land surveyor or civil engineer.
      2. Topography and physical conditions map including two foot (2’) contours, vegetation, drainage channels, unusable area due to soil conditions, drainage, etc., at a scale of not smaller than two hundred feet to the inch (1” = 200’).
      3. A preliminary plan for the proposed project indicating: 1) the various major areas of the project for which varying types and densities of dwellings are proposed; 2) any proposed major traffic-carrying streets within the project area; 3) sites to be reserved for public open space, schools, parks, playgrounds, and churches; and 4) indication of directions of flow of storm drainage within, and at the points leaving the site and likely nearest connections to public sewer and water.
      4. A written report stating in detail the developer’s intention in regard to development of the site including: 1) a written description of the type and number of dwelling units contemplated and the method of computing maximum allowable units; 2) projected resultant population; 3) expected number of elementary school children; 4) for projects for which development will occur over a period of years, a schedule showing the sequence of phases and the point in this phase-by-phase development progression at which common open space will be developed and committed to permanent open space use; and 5) a listing of the modifications to the existing zoning and subdivision standards otherwise applicable to the site.
         
   4. When the required application for tentative approval of a planned residential development has been filed with the Zoning Enforcing Officer, he shall transmit the material to the Plan Commission for their review. Applications filed less than ten (10) days prior to the next regular meeting of the Plan Commission may be held over to the next regular meeting of the Plan Commission.
9. Plan Commission Tentative Approval Of Planned Residential Development: The Plan Commission shall review the proposed planned residential development, as outlined in the application materials, to determine the following:
   1. All applicable provisions of this planned residential section of the Morton Zoning Ordinance have been met. Where there is any conflict of the planned development regulations with any other requirements of this Ordinance or the Subdivision Ordinance³, these regulations shall apply.
   2. Road system and proposed method of disposing of sanitary sewage and storm drainage, and the provision of water supply are adequate.
   3. Adequate provision has been made for open space areas, walkways, and parking areas.
   4. The location of open space is well suited to the development and the open space or recreational uses it is to serve.
   5. The applicant has indicated the method to be used to assure those areas shown on the plan will be irrevocably committed for the purpose that continuing maintenance will be assured by the method of ownership.
   6. Adequate provisions will be made to guarantee the proposed development of the open space.
   7. The cost of installing streets and utilities will be assured by a means satisfactory to the Village.
   The Plan Commission may consult with appropriate Village personnel including the Village Engineer and the Department of Public Works in reaching these determinations. Upon finding that the above conditions have been satisfactorily met, the Plan Commission will schedule a public hearing on the planned residential development.
10. Plan Commission Public Hearing On Planned Residential Development: The Plan Commission shall hold a public hearing on the proposed planned residential development and provide public notice in the manner provided by law. The public notice shall state the location of the proposed project, the acreage, and number of dwelling units of varying types requested in the proposal. The hearing shall be conducted and a record of the proceedings preserved in the manner as from time to time prescribed by the Commission. Where additional information is required or additional opportunity needed for description of the project or response by Village personnel or interested citizens, the Plan Commission, by official action, may continue the hearing to the time and place of the next Planning Commission meeting.
    
11. Findings Of Fact Of Plan Commission After Hearing: The Plan Commission shall, within forty five (45) days following the conclusion of the public hearing, either: 1) make recommendation to the Village Board to grant tentative approval; 2) grant tentative approval subject to any specified conditions not included in the plan as submitted; or 3) deny tentative approval to the plan. Failure of the Plan Commission to act within said period shall be deemed to be a recommendation for tentative approval of the plan as submitted.
    
    The recommendation of the Plan Commission for the grant or denial of tentative approval shall be in the form of an adopted action which shall include findings of fact and shall set forth the reasons for the recommendation for the grant or denial, specifying with particularity in what respects the plan would or would not be in the public interest including but not limited to findings of fact and conclusions on the following:
    1. In what respects the plan is or is not consistent with the Statement of Purpose for planned residential development;
    2. The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk, and use, and the reasons why such departures are or are not deemed to be in the public interest;
    3. The nature and extent of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the open space in terms of the densities and dwelling types proposed in the plan;
    4. The arrangement of uses within the development and the manner in which said plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic, or further the amenities of light and air, recreation, and visual enjoyment;
    5. The relationship, beneficial or adverse, of the proposed planned residential development upon the neighborhood in which it is proposed to be established; and
    6. In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect the interests of the public and the residents of the planned residential development in the integrity of the plan.
12. Action Of Village Board On Tentative Approval: The Village Board shall not act upon a request for tentative approval for a planned residential development until it shall have received a written report and recommendation from the Plan Commission, providing that no action by the Planning Commission within forty five (45) days shall be deemed to be a favorable recommendation of the Commission. If the Village Board shall determine to grant tentative approval of the planned residential development, it shall do so by a resolution so stating. In the event tentative approval is granted subject to conditions, the applicant may, within thirty (30) days after receiving a copy of the action of the Village, notify the Village Board of his refusal to accept all said conditions, in which case the Village Board shall be deemed to have denied tentative approval of the plan. In the event the applicant does not notify the Village Board within said period of his refusal to accept all said conditions, tentative approval of the plan, with conditions, shall stand as granted.
13. Status Of Plan After Tentative Approval:
    1. Within ten (10) days after the action of the Village Board giving tentative approval to the proposed planned residential development, a copy of that action (or of the minutes containing that action) shall be certified by the Village Clerk and placed on file in the office of the Village Clerk. A certified copy of that action shall be mailed to the applicant.
       
    2. Tentative approval of a plan shall not qualify a plat of the planned residential development for recording. A plan which has been given tentative approval as submitted or which has been given tentative approval with conditions which have been accepted by the applicant (and provided that the applicant has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the Village pending an application or applications for final approval, without the consent of the applicant, provided an application for final approval is filed, or in the case of staged developments, provided applications are filed, within any time limit specified in these regulations.
    3. In the event that a plan is given tentative approval and thereafter, but prior to final approval, the applicant shall choose to abandon said plan and shall so notify the Plan Commission in writing, or shall fail to file application or applications for final approval within the required period time, the tentative approval shall be deemed to be revoked and all that portion of the area included in the plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto, and the same shall be noted on the Zoning Map in the office of the Zoning Enforcing Officer, and in the records of the Village Clerk.
14. Final Plan/Final Plats:
    1. An application for final approval may be filed for all the land included in a plan or for a section thereof. Said application for the initial section shall be filed with the Zoning Enforcing Officer within twelve (12) months of the date of tentative approval; final application for all sections must be filed within five (5) years of date of tentative approval. The application shall include such drawings, specifications, covenants, easements, and conditions and form of bond as currently required by the Village. In accordance with the schedule proposed in the application for tentative approval, the applicant may elect to have final approval of only a geographic section or sections of the land included in the plan and may delay, within the above time limits, applications for final approval of other sections. A public hearing on an application for final approval of the plan or section thereof by the Plan Commission shall not be required by ordinance, provided the plan, or the section thereof, submitted for final approval is in substantial compliance with the plan theretofore given tentative approval.
    2. A plan submitted for final approval shall be deemed to be in substantial compliance with the plan previously given tentative approval provided any modification by the applicant of the plan as tentatively approved does not:
       1. Substantially vary the arrangement of area of varying dwelling types or densities;
       2. Substantially vary the location of collector roads or the points of ingress or egress of such roads at the boundaries of the site; or substantially vary the street widths of such roads;
       3. Vary the proposed gross residential density or intensity of use by more than five percent (5%) of the tentative plan, but not to exceed the maximum;
       4. Involve a reduction of the area set aside for common open space or substantially change the location or configuration of such open space.
          
       A public hearing shall not be held to consider modifications in the location and design of facilities for water and for disposal of storm water and sanitary sewerage.
       
    3. Although a public hearing shall not be held on an application for final approval of a plan when said plans as submitted for final approval is in substantial compliance with the plan as tentatively approved, the burden shall nevertheless be upon the applicant to show the Plan Commission good cause for any variation between the plan as tentatively approved and the plan as submitted for final approval. In the event a public hearing is not required for final approval, and the application for final approval has been filed together with all drawings, specifications, and other documents in support thereof, and as required by the resolution of tentative approval, the Plan Commission shall, within forty five (45) days of such filing, grant such plan final approval; provided, however, that, in the event the plan as submitted contains variations from the plan given tentative approval but remains in substantial compliance with the plan as submitted for tentative approval, the Plan Commission may, after a meeting with the applicant, refuse to grant final approval and shall, within forty five (45) days from the filing of the application for final approval so advise the applicant in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the applicant may refile his application for final approval without the variations objected to by the Plan Commission at any time within which he shall be entitled to apply for final approval, or within forty five (45) additional days if the time for applying for final approval shall have already passed at the time when the Plan Commission advised the applicant that the variations were not in the public interest. If the applicant shall fail to refile within said period, he shall be deemed to have refused to accept such requirements and final approval shall be deemed to have been denied.
    4. In the event the plan as submitted for final approval is not in substantial compliance with the plan as given tentative approval, as provided in Paragraph 2 of this Subsection (H), the Plan Commission shall, within forty five (45) days of the date the application for final approval is filed, so notify the applicant in writing, setting forth the particular ways in which the plan is not in substantial compliance. The applicant may either refile his plan in a form which is in substantial compliance with the plan as tentatively approved, or he shall file a written request with the Plan Commission that it hold a public hearing on his application for final approval. If the applicant wishes to take either such alternate action he may do so at any time within which he shall be entitled to apply for final approval, or within forty five (45) additional days if the time for applying for final approval shall have already passed at the time when the Plan Commission advised the applicant that the plan was not in substantial compliance. In the event the applicant shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the plan. Any such public hearing shall be held within forty five (45) days after request for the hearing is made by the applicant and notice thereof shall be given in the manner prescribed by law. Within forty five (45) days after the conclusion of the hearing, the Plan Commission shall, by resolution, either grant final approval to the plan or deny final approval to the plan.
    5. Before final approval is granted by the Plan Commission, prior approval of the construction drawings for the public improvements must be obtained from the Department of Public Works.
    6. A plan, or any section thereof, that has been given final approval by the Plan Commission shall note the approval of the Plan Commission and the certification of the Village Clerk and shall be filed of record forthwith in the office of the County Recorder before any development shall take place in accordance therewith.
    Final plats required for recording shall contain such information as outlined for final plats in the Subdivision Ordinance of the Village.⁴ Where separate final plans and final plats are to be recorded, both shall be approved by the Plan Commission and certified by the Village Clerk. (Ord. 78-31, 3-5-79)
    
15. Planned Residential Development 2:
    
    All provisions that apply to planned residential districts greater than five (5) acres shall apply to developments the size of three and one-half (3.5) acres but less than five (5) acres, except the following provisions shall apply:
    
    1. Development must be in a district zoned R-1 or R-2.
    2. The maximum lot coverage shall not exceed eighty percent (80%) of the ground area of the planned residential development.
    3. No building shall be of a height in excess of two (2) stories.
    4. Attached garages are required for all units.
    5. No exterior stairways are permitted.
    6. All balconies must face to the interior of the property.
    7. Fifteen percent (15%) of the tract shall be provided for common open space. (Ord. 07-38, 10-01-07)

¹ Title 11 of the Morton Municipal Code.
² Section 10-11-9 of this Title.
³ Title 11 of the Morton Municipal Code
⁴ See Title 11 of the Morton Municipal Code.