Oak Brook City Zoning Code

CHAPTER 6

RESIDENCE DISTRICTS

13-6-1: PURPOSE:

The residence districts provide for the development of various types of dwelling units within a framework of standards designed to:

A. Preserve and further promote low density single-family detached dwelling neighborhoods consistent with the predominant character of the village (R1-R2).

B. Encourage the development of medium density single-family detached dwelling neighborhoods where it is possible to provide public streets and utilities (R3-R4).

C. Provide housing options including attached residential units through the application of various lot sizes, dwelling types, and density (R5).

D. Provide for the economically sound and aesthetically pleasing use of areas characterized by their proximity to heavy traffic, the regional shopping center and light industry, including the use of town houses and garden type low density multiple-family dwellings. (Ord. G-60, 3-22-1966; Ord. G-1261, 10-22-2024)

13-6-2: HOME OCCUPATIONS:

In all residence districts, unless otherwise provided in the regulations of this title, any customary home occupation shall be permitted provided:

A. It is conducted entirely within the dwelling and only by the occupants, and when such home occupation is incidental and secondary to the use of the dwelling for dwelling purposes.

B. It is not conducted from a detached or attached accessory structure, requires no internal or external alterations and involves no construction features or use of equipment not customary in a dwelling. The entrance to the space devoted to such occupation shall be from within the dwelling.

C. Not more than one-fourth (1/4) of the permitted building coverage of the principal structure or basement shall be devoted to such home occupation.

D. There is no exterior display or activity that will indicate that the dwelling is being used for any use other than a dwelling.

E. Stock in trade, including that which is produced on the premises, shall not require receipt or delivery of merchandise, goods or equipment other than by United States letter carrier mail, similar parcel delivery service or by private passenger automobile.

F. No one may participate in or assist with the conduct or operation of a home occupation except:

1. Individuals who meet the same residence requirements, set forth in Section A. above;

2. A nonresident assistant, subject to the following requirements and limitations:

a. Participation by the nonresident assistant shall be in a subordinate capacity only, incidental to the conduct of the home occupation as for example, the services of a nurse, receptionist or clerical assistant in the home occupation of a physician;

b. The nonresident assistant shall not participate, totally or partially, in the capacity as an additional operator of the home occupation, as an additional practitioner of the professional, craft or occupational service of the operator, or as a partner or professional associate thereof.

G. There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation.

H. Alterations shall not be made to the interior of the dwelling which would render it undesirable for residential use.

I. No vehicular traffic substantially greater than normal in the adjacent residential area is permitted.

J. Any activity, use, type of materials, or quantity of materials that is illegal or would be classified by the adopted International Building Code as High-Hazard Group H., creates visible or audible interference in radio and television receivers, or causes fluctuations in line voltage outside the dwelling units is prohibited.

K. No permitted home occupation(s) shall interfere with the reasonable use and enjoyment of adjacent residential properties. (Ord. G-60, 3-22-1966; Ord. G-1261, 10-22-2024)

13-6-3: OUTDOOR STORAGE - VEHICLES:

For all Residence Districts, the following regulations apply to outdoor storage:

A. The overnight storage of commercial vehicles outside in any building area or required yard is prohibited.

B. The storage of recreational vehicles is permitted as long as the following requirements are met:

1. Storage of a recreational vehicle may only be located on lots one acre or more in size;

2. The storage area for a recreational vehicle must not be located within the front yard and must not be in front of the façade of the principal building on the lot; and

3. Screening of the vehicle must be provided. The screening must be a permanent year round screening with either evergreen plantings or a combination of evergreen plantings and permanent fencing or masonry materials as permitted by the Village Code. (Ord. G-1261, 10-22-2024)

13-6-4: NAMEPLATES AND SIGNS:

See chapter 11 of this title. (Ord. G-60, 3-22-1966; Ord. G-203, 12-14-1976; Ord. G-510, 6-9-1993; Ord. G-549, 1-24-1995; Ord. G-586, 4-8-1997; Ord. G-695, 3-26-2002)

13-6-5: BUILDINGS OF HISTORICAL, ARCHITECTURAL OR CULTURAL SIGNIFICANCE:

A. Purpose: The purpose of this special use category is to provide a method of preserving institutional buildings in existence prior to the incorporation of the village which are of historical, architectural or cultural significance for use as residential dwellings.

B. Criteria: In addition to the standards set forth in subsection 13-14-9E of this title, no special use may be granted hereunder unless:

1. The existing building has historical, architectural or cultural significance according to one or more of the following criteria:

a. Its character, interest or value as part of the development, heritage, or cultural characteristics;

b. Its identification with a person or persons who significantly contributed to the development of the community, county, state or country;

c. Its exemplification of the cultural, religious, economic, social, political or historic heritage of the community;

d. Its embodiment of distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials;

e. Its identification as the work of a master builder, designer or architect whose individual work has influenced the development of the community, County, State or country;

f. Its embodiment of elements of architectural design, detail, materials or draftsmanship which represent a significant architectural innovation;

g. Its unique location or singular physical characteristics representing an established or familiar visual feature of a neighborhood or the community; and

2. The building is suitable for preservation and continued use of conversion as residential dwellings.

C. Findings: In addition to the findings required under subsection 13-14-9E of this Title, no special use may be granted hereunder unless findings are made that:

1. The building in question has historical, architectural or cultural significance according to one or more of the criteria set forth in this Section;

2. The proposed preservation plan does in fact preserve the existing building as a historical, architectural or culturally significant structure;

3. The building is suitable for preservation and continued use or conversion as residential dwellings.

D. Procedure:

1. The applicant shall file concurrently:

a. An application for a special use as herein provided; and be processed in the manner prescribed in subsection 13-14-9D of this Title.

2. The proposed preservation plan shall include:

a. Information addressing the criteria set forth in subsection B of this Section;

b. A plat of survey of the property involved showing the location of all existing structures and a site plan showing the location of all proposed structures and existing structures to be retained;

c. A statement detailing the nature of any alteration to existing interior or exterior architectural features specifically identifying those features to be preserved and/or restored;

d. A topographical analysis of the site with contour intervals of not more than two feet (2');

e. Information on existing and proposed water mains, sanitary sewers, storm sewers, storm water retention and runoff, stream channels, floodplains and floodways, lakes, ponds or other public improvements;

f. A study of traffic engineers providing information on the impact of the development on public streets and intersections;

g. A plat or map showing the land uses, physical features, and zoning of all adjacent lands within four hundred (400) yards of the property involved;

h. A proposed fire protection plan detailing the description and location of proposed fire protection equipment and automatic sprinkler systems;

i. A set of plans detailing existing and proposed exterior elevations, a list of any items being removed from the exterior of the building, and typical details for existing and proposed windows, doors, bays and balconies.

3. No special use as provided herein may be issued until a preservation plan has been approved as provided herein, provided that such a special use may be approved upon the condition that the final preservation plan, detailing the information required in subsection D2 of this Section and accompanying documents required in subsection D4 of this Section be submitted to and approved by the corporate authorities within a reasonable time as specified in the ordinance approving the special use.

4. The final preservation plan shall be accompanied by:

a. Final plans and specifications for all public improvements reasonably required for implementation of the preservation plan. Such plans and specifications shall comply with all applicable standards of the Village for said public improvements;

b. A draft of all necessary or advisable covenants, easements, preservation restrictions and condominium declarations acceptable in form and substance to the Village.

E. Bulk Standards: The bulk standards established in this Section shall apply except as follows:

1. Structure Height: Structure height of existing buildings shall be established as necessary to preserve and restore such buildings, provided that no existing structure may exceed its existing structure height or elevation.

2. Ground Floor Area Per Dwelling: Not less than nine hundred (900) square feet.

3. Floor Area Per Dwelling: Not less than two thousand four hundred (2,400) square feet.

4. Parking:

a. Two (2) parking spaces for each dwelling unit and reserved for each said dwelling unit; and

b. One parking space for each dwelling unit for visitor and guest parking.

5. Density: No more than three (3.0) dwelling units per acre.

6. Preservation Vista: Not less than one hundred fifty feet (150').

7. Lot Area: Not less than twelve (12) acres. (Ord. G-328, 8-24-1982; Ord. G-1261, 10-22-2024)

13-6-6: CLUSTER-TYPE SINGLE-FAMILY DETACHED DWELLINGS:

Residential development of cluster-type single-family detached dwellings shall meet the following criteria:

A. Bulk Standards: The bulk standards of this Section shall apply except as follows:

1. Structure Height: Not more than thirty feet (30') above the highest point of the foundation.

2. Density: Not more than two and three-tenths (2.3) dwelling units per acre, provided the total lot area does not exceed twenty two percent (22%) of gross land area.

3. Lot Area: Not less than three thousand seven hundred (3,700) square feet.

B. Lot Width: Not less than fifty three feet (53') as determined at the rear lot line.

C. Yards: Distances between buildings, public or private rights of way and subdivision boundaries, which shall apply in lieu of the zoning yard requirements for the R3 District, shall be not less than:

1. Sixteen feet (16') from the side wall eaves to the side wall eaves;

2. Seventy feet (70') from the rear wall eaves to the rear wall eaves;

3. Twenty feet (20') from the front wall eaves to the right of way or access easement line;

4. Fifteen feet (15') from the side wall eaves to the right of way or access easement line;

5. Fifteen feet (15') from the rear wall eaves to the right of way or access easement line; and

6. Thirty five feet (35') from the rear wall eaves to the subdivision boundary.

Patios, decks, roof overhangs, chimneys and bay windows shall be permitted within an exclusive easement adjoining the front, rear and side lot lines. This easement may also provide utility access, provided that any structures in the easement do not conflict with the needs of any utility.

D. Subdivision Controls: All common areas shall be titled to and maintained by a homeowners' association as open space for joint use by the residents of the subdivision. At least eighty percent (80%) of occupied dwellings within the subdivision shall be occupied by at least one person who is fifty five (55) years of age or older, and all occupants must be eighteen (18) years of age and older, and this restriction shall be included within the covenants, conditions and restrictions recorded with the plat of subdivision. (Ord. G-618, 9-22-1998)

13-6-7: AREA, BULK, DENSITY AND SETBACK REQUIREMENTS:

A. Principal Building Lot Coverage: The horizontal area measured from the outside of the exterior walls of the ground floor of the principal structure on a lot. Principal Building coverage for single-family dwellings shall include the entire structure connected by roof to the principal building.

B. Lot Coverage includes all improvements, principal structure, and accessory structures (i.e. driveways, patios, pools, sheds, garages, accessory living units, pool houses, and sports courts, etc.).

C. The access driveway for flag lots shall not be included for lot area when determining the lot or principal building coverage.

D. Building facades in the residential districts shall have exterior wall material consisting of fifty percent (50%) stone or brick for each side of the building (not including areas for windows and doors). (Ord. G-1261, 10-22-2024)

13-6-8: SHORT-TERM RESIDENTIAL RENTAL:

A. Definitions:

SHORT-TERM RESIDENTIAL RENTAL: A Residential Structure, as defined herein, offered for rent for a period which does not exceed thirty (30) consecutive days. The term "Short-Term Residential Rental" shall not include hotels.

SHORT-TERM RESIDENTIAL RENTAL PROPERTY OWNER: The individual or entity which has title to the property which is the subject of a Short-Term Residential Rental.

B. Purpose And Applicability: It is the intent and purpose of this Section (Short-Term Residential Rental) to preserve the character and integrity of residential neighborhoods within the Village by prohibiting residential structures from being used for the commercial purpose of providing short-term residential rentals.

C. Short-Term Residential Rentals Prohibited:

1. It shall be unlawful for any person or entity to operate, use, offer for rent or use, or advertise for rent or use, any property within the Village of Oak Brook as a short-term residential rental.

2. It shall not be considered a short-term residential rental when the preceding owner of a property maintains possession of a residential structure after closing for the sale thereof but leases the property back from the successor owner for a period of time pursuant to a written agreement.

D. Public Nuisance Declared: Operation of any short-term residential rental within the Village of Oak Brook in violation of the provisions of this Chapter may be deemed a public nuisance and abated pursuant to all available remedies, including but not limited to injunctive relief. In addition to the penalties provided for herein, the Village of Oak Brook shall be entitled to receive from the short-term residential rental owner reimbursement for the cost of the Village's reasonable attorney fees, costs, and expenses incurred by the Village of Oak Brook to abate a short-term residential rental operating as a public nuisance.

E. Penalties: Any short-term residential rental owner or other person or entity who violates any of the provisions set forth or referenced in this Chapter, shall be subject to the following penalties:

1. A fine of one thousand dollars ($1,000.00) for a first offense within a twelve (12) month period, and a fine of two thousand five hundred dollars ($2,500.00) for a second or subsequent offense within a twelve (12) month period.

2. Each day that a violation of this Chapter continues shall be considered a separate and distinct offense and a fine shall be assessed for each day a provision of this Chapter is found to have been violated. Notwithstanding the forgoing, the escalation of fines as set forth above shall not occur until a prior adjudication of a violation against the same individual or entity has been entered.

3. Continued violations of this Chapter are subject to an injunction. See Section 13-14-11. (Ord. G-1261, 10-22-2024)

13-6A-1: PERMITTED USES:

Home occupations.

Nameplates and signs.

Parks and playgrounds.

Public schools, parochial school, nonboarding elementary, junior high and high, on lots not less than eight (8) acres in area for an elementary school and not less than twenty five (25) acres in area for a high school.

Single-family detached dwellings.

Accessory uses and structures, subject to the following:

A. Uses and structures customarily accessory to single-family dwellings.

B. Noncommercial pursuit of agriculture: 1) on lots not less than ten (10) acres in area, provided structures and land used for the shelter, feeding, keeping, propagating, culture of poultry and livestock shall not be less than one hundred feet (100') from the nearest lot line, and any other structure or land used in the pursuit of agriculture shall not be less than one hundred feet (100') from the nearest street line, and not less than fifty feet (50') from the nearest interior and rear lot line; and 2) on lots less than ten (10) acres in area, provided such uses involve only the growing of farm and garden crops and nursery stock and no accessory structures are used exclusively for such uses, except conservatories or greenhouses of the types customarily attached to dwellings.

C. Dwelling units for housing domestic servants or other persons employed on the premises and guest houses.

D. Horse stables, private, on lots not less than two (2) acres in area; provided that no more than two (2) horses are kept, except that one additional horse may be kept for each one acre of additional lot area over two (2), and no structure used for shelter shall be nearer than ninety feet (90') from side and rear lot lines and one hundred fifty feet (150') from front lot lines, or any streets; such stables to be subject to the following standards:

1. The stable must not be detrimental to or endanger public health or safety;

2. The stable must not be injurious to the use and enjoyment of property in its immediate vicinity nor diminish or impair property values in the neighborhood;

3. Adequate utility service and drainage facilities must be provided and approved by the Village Engineer;

4. The storage area for manure must meet the same setback requirements of stable building location;

5. Manure removal must meet the requirements of the Department of Health of DuPage County and must be so scheduled in frequency so as not to be offensive or injurious to public health;

6. A pest control program must be instituted to meet the requirements of the Department of Health of DuPage County.

E. Storage of building materials and equipment and temporary structures for construction purposes, when on the same or adjoining lot as the principal uses and for a period of not to exceed the duration of such construction.

F. Temporary construction and sales offices in subdivisions containing forty (40) acres or more in area, for a period not to exceed ninety (90) days following completion of such construction. (Ord. G-60, 3-22-1966)

13-6A-2: SPECIAL USES:

Agricultural: Growing of farm and garden crops and nursery stock as a principal use on a lot, provided:

A. The lot area for commercial growing of farm crops, truck garden produce, and nursery stock shall be not less than ten (10) acres in area.

B. The sale of such materials is not conducted from a store, stand or other structure erected or maintained for such purpose.

Cemeteries (subject to compliance with the regulations in chapter 16 of this title): Any existing cemetery and structure shall be deemed to have a special use permit as required by this section, notwithstanding whether these existing cemeteries and structures comply, as of January 22, 2013, with the provisions of chapter 16 of this title. Any expansion, change, or new construction relating to an existing cemetery and structure shall comply with chapter 16 of this title, but any such activity shall not require a new or amended special use permit, or other zoning relief, provided that the activities comply with chapter 16 of this title. Notwithstanding the foregoing, no special use permit granted pursuant to this section, whether for an existing cemetery and structure or for a new cemetery or structure, shall permit a community burial structure to be built in a residence district.

Churches, chapels, temples and synagogues: On lots not less than three hundred feet (300') in width and not less than two (2) acres in area and one additional acre for each two hundred forty (240) seats in the sanctuary over two hundred forty (240) seats. Where churches and parochial schools are on the same land, not less than eight (8) acres in area.

Cultural and recreational facilities: Outdoor and indoor cultural and recreational facilities including, but not limited to, swimming pools, tennis courts, meeting facilities and other similar facilities accessory to and owned in common by the owners of properties within a residential subdivision.

Public utility, transportation, and government facilities: Public utility, transportation, and governmental service facilities, including municipal offices and civic centers, public libraries, police and fire stations, public works facilities, village owned communication towers, conference of municipal governments and ancillary uses (including organizations which provide consultation solely to units of local government), and similar uses.

Recreational and cultural uses: The following recreational and cultural uses, public or private, provided the site meets the minimum area requirements hereinafter stipulated:

A. Golf courses and clubs, standard or par 3, when operated only during daylight hours, but not including commercially operated miniature courses or golf driving ranges, not less than twenty five (25) acres.

Accessory uses: Accessory uses, customarily incidental to the above special uses, including, but not limited to, agricultural, recreational and cultural uses, as follows:

A. Clubhouses and lodges, containing customary facilities incidental to the operation of the principal recreational use including, but not limited to, restaurants, cocktail lounges and shops primarily for the sale and service of equipment and other commodities related to participation in the recreational facilities on the premises on lots not less than two (2) acres in area, and provided further that the restriction relating to operation only during daylight hours does not apply to the accessory uses.

B. Horse stables, kennels and other similar structures, for keeping and shelter of livestock, other animals, poultry and game, and accessory structures, provided that such structures shall be located: 1) not less than one hundred fifty feet (150') from a street; 2) not less than one hundred feet (100') from a structure on the same lot intended for occupancy as a dwelling; 3) not less than one hundred feet (100') from a residence district line; 4) not less than seventy feet (70') from a nonresidence district line; and 5) on lots not less than ten (10) acres in area. (Ord. G-60, 3-22-1966; Ord. G-328, 8-24-1982; Ord. G-483, 3-10-1992; Ord. G-571, 6-11-1996; Ord. G-608, 3-10-1998; Ord. G-675, 3-27-2001; Ord. G-938, 11-9-2010; Ord. G-989, 1-22-2013)

13-6A-3: LOT AREA REQUIREMENTS:

A. Lot Area: Except as otherwise required in this title for a specific use, not less than two (2) acres.

B. Lot Width: Not less than two hundred twenty feet (220') within the buildable area.

C. Floor Area Ratio: Not to exceed 0.4.

D. Maximum Lot Coverage: Not to exceed .375.

E. Maximum Lot Coverage (Principal Structures): Not to exceed .20.

F. Structure Height:

1. Residential uses: Not more than fifty feet (50'), except for continuous flat roofs, which shall be not more than thirty five feet (35') to the top of any parapet wall. However, where residential building heights exceed thirty feet (30'), the highest space that can be occupied must have an emergency escape and rescue opening at a maximum elevation of thirty two feet (32') above grade.

2. Nonresidential uses: Not more than forty five feet (45') excluding village owned communication towers, which may not exceed a height of one hundred twenty feet (120').

G. Ground Floor Area Per Dwelling:

1. One story: Not less than two thousand (2,000) square feet.

2. Bilevel: Not less than one thousand eight hundred (1,800) square feet.

3. Dwellings having more than one story: Not less than one thousand five hundred (1,500) square feet.

H. Yards: Except as required in subsections 13-6A-1B and D of this article, under "accessory uses and structures", yards shall be provided as follows:

1. Front: Not less than fifty feet (50') in depth, except front yards abutting York and Cermak Roads shall have a depth of not less than one hundred feet (100').

2. Side: Not less than thirty feet (30') in depth, except: a) a side yard abutting a street shall be not less than fifty feet (50') in depth, and for nonresidential uses each interior side yard shall be increased by not less than two feet (2') for each one foot (1') of structure height over thirty feet (30').

3. Rear: Not less than one hundred feet (100') in depth. (Ord. G-60, 3-22-1966; Ord. G-616, 8-11-1998; Ord. G-730, 9-23-2003; Ord. G-938, 11-9-2010; Ord. G-977, 8-14-2012; Ord. G-1261, 10-22-2024)

13-6A-4: ADDITIONAL REGULATIONS:

A. Off Street Parking And Loading: Off street parking and loading shall be as provided in chapter 12 of this title.

(Ord. G-60, 3-22-1966; Ord. G-1261, 10-22-2024)

13-6B-1: PERMITTED USES:

Permitted uses shall be those as in the R1 single-family detached residence district. (Ord. G-60, 3-22-1966)

13-6B-2: SPECIAL USES:

Special uses shall be those as in the R1 single-family detached residence district. (Ord. G-608, 3-10-1998)

13-6B-3: LOT AREA REQUIREMENTS:

A. Lot Area: No less than one acre, except as otherwise required in this title for a specific use.

B. Lot Width: Not less than one hundred fifty feet (150') within the buildable area.

C. Floor Area Ratio: Not to exceed 0.4.

D. Maximum Lot Coverage: Not to exceed .375.

E. Maximum Lot Area Coverage (Principal Structures): Not to exceed .20.

F. Structure Height:

1. Residential Uses: Not more than forty five feet (45') for lots one acre or larger and forty feet (40') for lots less than one acre, except for continuous flat roofs, which shall be not more than thirty five feet (35') to the top of any parapet wall. However, where residential building heights exceed thirty feet (30'), the highest space that can be occupied must have an emergency escape and rescue opening at a maximum elevation of thirty two feet (32') above grade.

2. Institutional And Other Nonresidential Uses: Not more than forty five feet (45').

G. Ground Floor Area Per Dwelling:

1. One Story Without Basement: Not less than one thousand eight hundred (1,800) square feet.

2. One Story With Basement: Not less than one thousand six hundred (1,600) square feet.

3. Dwellings Having More Than One Story: Not less than one thousand two hundred fifty (1,250) square feet.

H. Yards: Except as required in subsections B and D under "accessory uses and structures" in section 13-6A-1 of this chapter, yards shall be provided as follows:

1. Front: Not less than forty feet (40') in depth.

2. Side: Not less than eighteen feet (18') in depth except:

a. A side yard abutting a street shall not be less than forty feet (40') in depth;

b. To accommodate a side load garage, the minimum side yard setback (on 1 side yard) must be at least twenty three feet (23'); the width of the pavement opposite of the garage door must be a minimum of twenty three feet (23');

c. For nonresidential uses each side yard abutting a street shall be not less than fifty feet (50') in depth and each interior side yard shall be not less than thirty feet (30') in depth and increased by not less than two feet (2') for each one foot (1') of structure height over thirty feet (30').

3. Rear: Not less than sixty feet (60') in depth. (Ord. G-60, 3-22-1966; Ord. G-328, 8-24-1982; Ord. G-616, 8-11-1998; Ord. G-730, 9-23-2003; Ord. G-1261, 10-22-2024)

13-6B-4: ADDITIONAL REGULATIONS:

A. Off Street Parking And Loading: Off street parking and loading shall be as provided in chapter 12 of this title.

(Ord. G-60 , 3-22-1966 ; Ord. G-1261, 10-22-2024)

13-6C-1: PERMITTED USES:

Permitted uses shall be those as in the R1 single-family detached residence district. (Ord. G-60, 3-22-1966)

13-6C-2: SPECIAL USES:

Special uses shall be those as in the R1 single-family detached residence district; and

Residential development of cluster type single-family detached dwellings intended for occupancy by persons fifty five (55) years of age or older, and all occupants at least eighteen (18) years of age or older, on parcels not less than thirty (30) acres in area .

Residential development of existing buildings of historical, architectural or cultural significance . (Ord. G-60, 3-22-1966; Ord. G-83, 4-9-1968; Ord. G-203, 12-14-1976; Ord. G-608, 3-10-1998)

13-6C-3: LOT AREA REQUIREMENTS:

A. Reduction Of Lot Area: Not less than twenty five thousand (25,000) square feet, except that in subdivisions of eighty (80) acres or more in area, the lot area may be reduced to one-half (1/2) acre provided that lands equal to ten percent (10%) of the total area be dedicated to the village, or agency approved by the village board, for park or recreational uses and no portion of which shall be less than four (4) acres. The dedicated land shall be appropriate for park or recreational uses, and shall not include wet drainageways in excess of twenty five percent (25%) of the total dedicated area.

B. Lot Width: Not less than one hundred feet (100') within the buildable area.

C. Floor Area Ratio: Not to exceed 0.4.

D. Maximum Lot Coverage: Not to exceed .375 for nonresidential uses.

E. Maximum Lot Area Coverage (Principal Structures): Not to exceed .20.

F. Structure Height:

1. Residential Uses: Not more than forty feet (40') except for continuous flat roofs, which shall be not more than thirty feet (30') to the top of any parapet wall. However, where residential building heights exceed thirty feet (30'), the highest space that can be occupied must have an emergency escape and rescue opening at a maximum elevation of thirty two feet (32') above grade.

2. Institutional And Other Nonresidential Uses: Not more than forty five feet (45').

G. Ground Floor Area Per Dwelling:

1. One story: Not less than one thousand five hundred (1,500) square feet.

2. Bilevel: Not less than one thousand three hundred (1,300) square feet (floors at grade and above basement).

3. Dwellings having more than one story: Not less than one thousand (1,000) square feet.

H. Yards: Except as required in subsections 13-6A-1B and D of this chapter under "accessory uses and structures", yards shall be provided as follows:

1. Front: Not less than forty feet (40') in depth.

2. Side: Not less than twelve feet (12') in depth except:

a. A side yard abutting a street shall be not less than forty feet (40') in depth;

3. Rear: Not less than forty feet (40') in depth. (Ord. G-60, 3-22-1966; Ord. G-83, 4-9-1968; Ord. G-203, 12-14-1976; Ord. G-730, 9-23-2003; Ord. G-977, 8-14-2012; Ord. G-1261, 10-22-2024)

13-6C-4: ADDITIONAL REGULATIONS:

A. Off Street Parking And Loading: Off street parking and loading shall be as provided in chapter 12 of this title.

(Ord. G-60, 3-22-1966; Ord. G-1261, 10-22-2024)

13-6D-1: PERMITTED USES:

Permitted uses are those as in the R1 single-family detached residence district. (Ord. G-60, 3-22-1966)

13-6D-2: SPECIAL USES:

Special uses are those as in the R1 single-family detached residence district; and

Single-family detached, attached and semidetached dwellings, on parcels not less than fifty (50) acres in area, provided that the gross density of each such development shall not exceed three (3) dwelling units per acre; the structure heights shall not exceed thirty feet (30'); no structure shall contain more than two and one-half (21/2) stories; the ground floor living area per dwelling shall not be less than one thousand three hundred (1,300) square feet for a one story dwelling and nine hundred (900) square feet for a dwelling of more than one story; the minimum distance between principal buildings, as measured between bearing walls, shall be not less than twenty feet (20'), except that this distance may be reduced by two feet (2') if one of such walls encloses an attached garage or carport and by four feet (4') if each of such walls encloses an attached garage or carport; provided further, that each principal building shall be set back at least thirty feet (30') from dedicated public streets, off street loading and off street parking requirements shall be as provided in chapter 12 of this title; and provided that a preliminary development plan indicates sufficiently clearly the proposed streets, rights of way, lot sizes and setbacks, so that the village board in granting approval of such preliminary plan may clearly define the areas of any special restrictions it may wish to impose and that approval of the final subdivision plan shall be subject to same. (Ord. G-60, 3-22-1966)

13-6D-3: LOT AREA REQUIREMENTS:

A. Lot Area:

1. Not less than eighteen thousand (18,000) square feet, except that in subdivisions forty (40) acres or more in area, the lot area may be reduced to fifteen thousand (15,000) square feet provided that lands equal to ten percent (10%) of the total area be dedicated to the village, or agency approved by the village board, for park or recreational uses and no portion of which shall be less than four (4) acres.

2. For single-family detached dwellings, the dedicated land shall be appropriate for park or recreational uses, and shall not include wet drainageways in excess of twenty five percent (25%) of the total dedicated area.

B. Lot Width: Not less than seventy five feet (75') within the buildable area.

C. Floor Area Ratio: Not to exceed 0.4.

D. Maximum Lot Coverage: Not to exceed .375.

E. Maximum Lot Area Coverage (Principal Structures): Not to exceed .20.

F. Structure Height:

1. Residential Uses: Not more than thirty five feet (35') except for continuous flat roofs, which shall be not more than thirty feet (30') to the top of any parapet wall. However, where residential building heights exceed thirty feet (30'), the highest space that can be occupied must have an emergency escape and rescue opening at a maximum elevation of thirty two feet (32') above grade.

2. Institutional And Other Nonresidential Uses: Not more than forty five feet (45').

G. Ground Floor Area Per Dwelling:

1. One story: Not less than one thousand three hundred (1,300) square feet.

2. Bilevel: Not less than one thousand one hundred (1,100) square feet (floors at grade and above basement).

3. Dwellings having more than one story: Not less than nine hundred (900) square feet.

H. Yards: Except as required in subsections 13-6A-1B and D of this chapter under "accessory uses and structures", yards shall be provided as follows:

1. Front: Not less than thirty feet (30') in depth.

2. Side: Not less than ten feet (10') in depth except:

a. A side yard may be reduced to not less than eight feet (8') provided the adjoining lot contains a dwelling with an attached garage or carport adjacent to such side yard unless a side load garage is present;

b. A side yard abutting a street shall be not less than thirty feet (30') in depth;

c. To accommodate a side load garage, the minimum side yard setback (on 1 side yard) must be at least twenty three feet (23'); the width of the pavement opposite of the garage door must be a minimum of twenty three feet (23');

d. For nonresidential uses each side yard abutting a street shall be not less than thirty feet (30') in depth and each interior side yard shall be not less than thirty feet (30') in depth and increased by not less than two feet (2') for each one foot (1') of structure height over thirty feet (30').

3. Rear: Not less than thirty feet (30') in depth. (Ord. G-60, 3-22-1966; Ord. G-66, 12-19-1966; Ord. G-83, 4-9-1968; Ord. G-203, 12-14-1976; Ord. G-608, 3-10-1998; Ord. G-730, 9-23-2003; Ord. G-977, 8-14-2012; Ord. G-1261, 10-22-2024)

13-6D-4: ADDITIONAL REGULATIONS:

A. Off Street Parking And Loading: Off street parking and loading shall be as provided in chapter 12 of this title.

(Ord. G-60, 3-22-1966; Ord. G-1261, 10-22-2024)

13-6E-1: PERMITTED USES:

Accessory uses and structures including those uses and structures customarily accessory to residential dwellings.

Duplexes.

Home occupations.

Nameplates and signs.

Parks and playgrounds.

13-6E-2: SPECIAL USES:

Multi-family age-restricted dwellings, provided that the following conditions, in addition to those set forth in Zoning Ordinance Section 13-14-9, are met:

A. The petitioner must provide the Village with an analysis of the proposed development's anticipated impact on emergency services, including, without limitation, the anticipated cost of providing those services. In accordance with Section 1-14-1(B), all costs incurred by the Village reviewing the petitioner's analysis, including the costs of professional consultants, shall be borne by the petitioner;

B. The petitioner must provide the Village with a plan addressing how emergency service calls will be handled, including, without limitation, how the petitioner will assist the Village in handling the provision and/or cost of emergency services that are specifically and uniquely attributable to the proposed development, so as to protect the public health, safety, and welfare; and

C. The petitioner must provide the Village with a market study addressing the demand for the proposed development. The market study must take into account the local and county demand for the proposed development.

Public utility, transportation, and government facilities: Public utility, transportation, and governmental service facilities, including municipal offices and civic centers, public libraries, police and fire stations, public works facilities, conference of municipal governments and ancillary uses (including organizations which provide consultation solely to units of local government), and similar uses.

Recreational and cultural uses.

Residential townhomes and condominiums.

Senior housing including nursing homes, independent living, assisted living and congregate care facilities. (Ord. G-903, 11-10-2009; Ord. G-989, 1-22-2013; Ord. S-1559, 2-12-2019)

13-6E-3: LOT AREA REQUIREMENTS:

A. District Area: Not less than four (4) acres.

B. Density:

1. Duplexes: Gross density shall not exceed six (6) dwelling units per acre.

2. Residential townhomes and condominiums: Gross density shall not exceed eight (8) dwelling units per acre. Additional density bonuses shall be permitted for the inclusion of the following site amenities:

a. Underground parking (for all required parking spaces): Four (4) units per acre.

b. Open space in excess of thirty percent (30%) of the project area: Two (2) units per acre.

3. Senior housing including nursing homes, independent living, assisted living and congregate care facilities: Fifteen (15) units per acre.

a. Underground parking (for all required parking spaces): Four (4) units per acre.

b. Open space in excess of thirty percent (30%) of the project area: Two (2) units per acre.

C. Floor Area Ratio: Not to exceed 0.5 for nonresidential uses.

D. Maximum Lot Area Coverage (Principal Structures): Not to exceed .35 for residential use.

E. Structure Height:

1. Duplexes: Not more than thirty five feet (35') except for continuous flat roofs, which shall be not more than thirty feet (30') to the top of any parapet wall. However, where residential building heights exceed thirty feet (30'), the highest space that can be occupied must have an emergency escape and rescue opening at a maximum elevation of thirty two feet (32') above grade.

2. All other uses: Fifty feet (50').

F. Yards:

1. Front: Not less than forty feet (40') in depth.

2. Side: Not less than twenty feet (20') in depth except:

a. A side yard abutting a street shall be not less than forty feet (40') in depth;

c. For nonresidential uses each side yard abutting a street shall be not less than thirty feet (30') in depth and each interior side yard shall be not less than thirty feet (30') in depth and increased by not less than two feet (2') for each one foot (1') of structure height over thirty feet (30').

3. Rear: Not less than forty feet (40') in depth. (Ord. G-903, 11-10-2009; Ord. G-977, 8-14-2012; Ord. G-1261, 10-22-2024)

13-6E-4: ADDITIONAL REGULATIONS:

A. Off Street Parking And Loading: Off street parking and loading shall be as provided in chapter 12 of this title with the following exceptions:

1. Off street parking for senior housing including nursing homes, independent living, assisted living and congregate care facilities shall be at a ratio not less than one parking space per dwelling unit. This parking ratio may be decreased upon the submittal of detailed parking study and review/approval by the village engineer.

(Ord. G-903, 11-10-2009; Ord. G-1261, 10-22-2024)