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Niles City Zoning Code

SECTION 4

- RESIDENTIAL DISTRICTS

4.1 - PURPOSE STATEMENTS

A.

R-1 Single-Family Residential District. The R-1 Single-Family Residential Zoning District is intended to provide for a neighborhood environment of single-family detached dwellings located on larger lots of 60 feet or more in width than the predominant pattern of single-family residential development within the Village. Limited non-residential uses that are compatible with surrounding residential neighborhoods may be permitted.

B.

R-2 Single-Family Residential District. The R-2 Single-Family Residential Zoning District is intended to provide for a neighborhood environment of single-family detached dwellings located on lots of 50 feet or more in width that reflect the predominant pattern of single-family residential development within the Village. Limited non-residential uses that are compatible with surrounding residential neighborhoods may be permitted.

C.

R-2-35 Single-Family Residential District. The R-2-35 Single-Family Residential Zoning District is intended to provide for a neighborhood environment of single-family detached dwellings located on lots that have been established with a relatively smaller lot size of 35 feet in width than the predominant pattern of single-family residential development within the Village. The R-2-35 district is divided into two subdistricts (R-2-35A and R-2-35B) based upon established front setbacks. Limited non-residential uses that are compatible with surrounding residential neighborhoods may be permitted.

D.

R-3 Two-Family Residential District. The R-3 Two-Family Residential Zoning District is intended to provide for a moderate density neighborhood environment of single-family, two-family, and townhouse dwellings. This district may function as a transitional zone between lower density single-family neighborhoods and adjacent higher density multi-family neighborhoods or nonresidential areas. Limited non-residential uses that are compatible with surrounding residential neighborhoods may be permitted.

E.

R-4 Multi-Family Residential District. The R-4 Multi-Family Residential Zoning District is intended to provide for a high density environment of varied building and housing types, including single-family, two-family, townhouse, and multi-family dwellings. This district may function as a transitional zone between lower density residential neighborhoods and adjacent higher intensity nonresidential areas. Limited non-residential uses that are compatible with surrounding residential neighborhoods may be permitted.

4.2 - USES

Section 8 lists permitted and special principal uses and temporary uses for the residential districts.

4.3 - DIMENSIONAL STANDARDS

A.

Table 4-1: Residential Districts Dimensional Standards establishes the dimensional standards for the residential districts. These regulations apply to all uses within each district unless a different standard is listed for a specific use.

Table 4-1: Residential Districts Dimensional Standards
R-1 R-2 R-2-35 R-3 R-4
Bulk Standards
Minimum Lot Area 7,500 s.f. 6,250 s.f. 3,500 s.f. SF: 6,250 s.f.
2F: 7,000 s.f.
Minimum Lot Width 60' 50' 35' SF: 50'
2F: 60'
Townhouse: 70'
SF: 50'
2F: 60'
Townhouse & MF:
60'
Maximum Building Height—Residential Buildings 32' & 2.5 stories 32' & 2.5 stories 32' & 2.5 stories 32' & 2.5 stories SF, 2F,
Townhouse: 32' &
2.5 stories
MF: 40' & 3 stories
Maximum Building Height—Other Buildings—(permitted or special uses) Up to 40 feet
See 4.3(C)
Up to 40 feet
See 4.3(C)
Up to 40 feet
See 4.3(C)
Up to 50 feet
See 4.3(C)
Up to 50 feet
See 4.3(C)
Building Height Setback Plane See Section 4.3 See Section 4.3 See Section 4.3 N/A N/A
Maximum Building Coverage 45% 45% 45% SF, 2F: 45%
Townhouse: 50%
SF, 2F: 45%
Townhouse: 50%
MF: 60%
Maximum Impervious Surface Coverage 60%

For single-family lots: as part of the maximum impervious surface coverage total, no more than 50% of the front yard, plus, if it is a corner lot, the corner side yard, shall be impervious surface.
60%

For single-family lots: as part of the maximum impervious surface coverage total, no more than 50% of the front yard, plus, if it is a corner lot, the corner side yard, shall be impervious surface.
60%

For single-family lots: as part of the maximum impervious surface coverage total, no more than 50% of the front yard, plus, if it is a corner lot, the corner side yard, shall be impervious surface.
SF, 2F: 60%
Townhouse: 70%

For single-family lots: as part of the maximum impervious surface coverage total, no more than 50% of the front yard, plus, if it is a corner lot, the corner side yard, shall be impervious surface.
SF, 2F,
Townhouse: 70%
MF: 80%

For single-family lots: as part of the maximum impervious surface coverage total, no more than 50% of the front yard, plus, if it is a corner lot, the corner side yard, shall be impervious surface.
Minimum Setback Requirements
Front Setback 25' 25' R-2-35A: 25'
R-2-35B: 10'
SF, 2F: 25'
Townhouse: 15'
SF, 2F: 25'
Townhouse, MF: 15'
Interior Side Setback Lot with attached garage, or detached garage accessed by alley: 7'

Lot with detached garage not accessed by alley: 16' combined side yard minimum, with one side not less than 10' and the other side not less than 6'

Lot with attached carport: 4'
No deck, balcony, or enclosed living space may be built above the carport.
Lot with attached garage, or detached garage accessed by alley: 6'

Lot with detached garage not accessed by alley: 16' combined side yard minimum, with one side not less than 10' and the other side not less than 5'

Lot with attached carport: 4'
No deck, balcony, or enclosed living space may be built above the carport.
Lot with attached garage, or detached garage accessed by alley: 6'

Lot with detached garage not accessed by alley: 16' combined side yard minimum, with one side not less than 10'

Lot with attached carport: 4'
No deck, balcony, or enclosed living space may be built above the carport.
Lot with attached garage, or detached garage accessed by alley: 6'

Lot with detached garage not accessed by alley: 16' combined side yard minimum, with one side not less than 10'

Lot with attached carport: 4'
No deck, balcony, or enclosed living space may be built above the carport.
SF, 2F, Townhouse:
Lot with attached garage, or detached garage accessed by alley: 6'

SF, 2F, Townhouse:
Lot with detached garage not accessed by alley:
16' combined side yard minimum, with one side not less than 10'

MF: 15' combined side yard minimum, neither side less than 5'
Corner Side Setback 25', except if the corner lot has insufficient width to provide such yard of 25' and still maintain a buildable width of 32 feet, including required side yard along the opposite side lot line, then the required yard abutting the street may be reduced in width by the distance necessary to maintain a buildable width of 32 feet, provided the side yard abutting a street is not reduced to less than 30 percent of the width of the lot. SF, 2F: 25' or 30% of lot width, whichever is less Townhouse: 15' or 30% of lot width, whichever is less SF, 2F: 25' or 30% of lot width, whichever is less
Rear Setback 40' 40' 40' SF, 2F: 40'
Townhouse: 30'
SF, 2F: 40' Townhouse, MF: 30'
Rear Setback on Corner Lot On a corner lot, the rear yard may be reduced to not less than 30 feet in depth except if an attached garage is constructed in the rear yard, then the yard may be reduced to not less than 15 feet.
Rear Setback on Reverse Corner Lot On a reversed corner lot with an attached garage, the rear yard may be reduced to not less than 20 feet.
Minimum Building Separation for lots with multiple multi-family buildings N/A N/A N/A 50 between any building and a front entrance of any other building on the lot. 30 feet between buildings in all other instances.

 

B.

Special Height Regulation for R-1 and R-2 Lots with Non-Conforming Rear Yards

For existing single-family homes on existing foundations in the R-1 or R-2 districts with non-conforming rear yards, additions may be constructed onto these homes under the following circumstances:

i)

The addition may extend no higher than a line drawn toward the house at a 35 degree angle starting at one-foot above grade at the rear property line. In cases where the rear property line is lower than the top of the existing foundation, the drawn line may start at the elevation of the foundation extended to the rear property line.

ii)

Eaves and chimneys are exempt from this limit and may extend higher than the line described in (i) above.

iii)

Up to 30 percent of the room area used exclusively for dormers may be exempt from this limit and may extend higher than the line described in (i) above

C.

Additional Yard Requirements for Non-Residential Buildings in the R-3 and R-4 Districts

For buildings—either permitted or special—in the R-3 and R-4 zoning districts, side, front, and rear yards shall be increased in depth beyond the minimum required by one foot for each additional foot of building over 32 feet in height.

(Ord. No. 2017-58, § 2(Exh. 1), 11-28-17; Ord. No. 2018-29, § 2(Exh. 1), 6-26-18; Ord. No. 2022-38, § 2, 6-28-22)

4.4 - BUILDING HEIGHT SETBACK PLANE

In addition to the general height and interior side setback restrictions in Table 4-1 of this Ordinance, all buildings on any lot within the R-1, R-2, and R-2-35 Districts are subject to, and must comply with, the following building height setback plane restrictions.

A.

No portion of a structure may intersect the planes that begin at a point 22 feet above grade at the interior side lot line and run at a 45° angle toward the interior of the lot until they reach the maximum building height permitted.

B.

Dormers and gable ends may extend into and through the height setback plane, but are limited to a maximum of 25% of the area of the angled side plane. Dormers and gable ends must comply with the building height restrictions of this Ordinance.

4.5 - CONVERSION OF APARTMENTS INTO CONDOMINIUMS

Any proposed conversion of an apartment building into condominiums shall be done in accordance with the requirements provided in Chapter 34, Article 3 of the Village of Niles Code of Ordinances.

4.6 - GENERAL STANDARDS OF APPLICABILITY

A.

Site Development Standards

See Section 9 for additional on-site development standards and requirements, such as exterior lighting, accessory structures and uses, and permitted encroachments.

B.

Off-Street Parking and Loading

See Section 10 for off-street parking and loading standards and requirements.

C.

Landscape

See Section 11 for landscape, buffering and screening standards and requirements.

D.

Signs

See Chapter 78 of the Village Code for sign standards.