The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the district regulations in the R-1 single-family residence district.

A building or premises shall be used for the following purposes:

   Accessory buildings, subject to section 4-2-4-1 of this title.

   Home occupations, subject to section 4-1-6 of this title.

   No truck in excess of one and one-half (11/2) tons' capacity may be parked, except momentarily, on private property in this district.

   Parking in conjunction with the use established in the district and subject to the provisions of chapter 13 of this title.

   Parks, playgrounds and community buildings owned or operated by public agencies and used solely for recreational purposes.

   Public and private elementary, junior high and high schools teaching a general education curriculum in accordance with the educational requirements for elementary, junior high and high schools as established by the state of Illinois educational authorities, having no rooms regularly used for housing or sleeping purposes.

   Public libraries.

   Satellite dish antennas subject to section 4-2-12 of this title (permit required, $25.00).

   Signs limited to advertising premises for sale or for rent.

   Single-family dwellings.

   Small community residences, provided:

   A.   They are not located within one thousand two hundred feet (1,200') of another community residence;

   B.   Prior to occupancy, a certificate of zoning compliance is applied for and received (see section 4-3-5 of this title); and

   C.   Prior to occupancy, an administrative occupancy permit is applied for and received (see section 4-3-9 of this title). (Ord. 22-16-54)

   A.   Building Height: No building shall exceed two and one-half (21/2) stories nor shall it exceed thirty feet (30') in height, except as provided in section 4-2-8 of this title.

   B.   Yards:

      1.   Front Yard: There shall be a front yard having a depth of not less than twenty five feet (25'), except that:

         a.   Where lots comprising forty percent (40%) or more of the frontage between two (2) streets are developed with buildings, the minimum front yard shall be the average of such existing front yards, but in no case greater than thirty feet (30'); except, that in a planned subdivision of six (6) or more lots, a staggered setback line exceeding thirty feet (30') may be established, providing that any staggered setback line returns to the established setback line at any contiguous subdivision which is not under the same ownership as that where a staggered building has been used.

         b.   Where lots have a double frontage, the required front yard shall be provided on both streets.

         c.   On a corner lot, the side yard facing the street (corner side yard) shall be the greater of fifteen feet (15') or the average setback distance of all developed lots abutting said street and on the same block, and on the same side of the block, as the lot in question.

         d.   Projections, not including steps, into front yards shall be as follows: Roof overhangs and vertical walls for porches shall be limited to a four foot (4') total allowance into front yards.

         e.   Decks which meet village construction standards and which are not enclosed or habitable, but which are open to the environment, may encroach into the front yard setback provided such encroachments shall not exceed the following amounts:

            (1)   An eight foot (8') encroachment if the floor of the deck is constructed at grade level;

            (2)   A six foot (6') encroachment if the floor of the deck is constructed on the first floor level; or

            (3)   A four foot (4') encroachment if the floor of the deck is constructed on the second floor level.

      2.   Side Yards:

         a.   Except as provided in subsections B1c and B2b of this section, and subject to subsection B2c of this section, there shall be a side yard on each side of the lot of not less than ten percent (10%) of the width of the lot or five feet (5'), whichever is greater.

         b.   Except as provided in subsection B1c of this section, and subject to subsection B2c of this section, when a side yard is used for a driveway, said side yard shall be not less than ten percent (10%) of the width of the lot or nine feet (9'), whichever is greater.

         c.   Except as absolutely necessary to comply with subsections B1c and/or B2b of this section, where the parcel in question cannot be subdivided without the need for variation, the two (2) side yards, or the side yard and the corner side yard relative to a corner lot, shall be equal in width.

         d.   Chimneys and wing walls may encroach by an amount not to exceed two feet (2') upon side yard setbacks.

      3.   Rear Yard: Except as provided in section 4-2-8 of this title, there shall be a rear yard having a depth of not less than thirty feet (30') or twenty percent (20%) of the depth of the lot, whichever amount is smaller.

   C.   Lot Area: Every lot or tract of land upon which a residential building is erected shall be at least fifty five feet (55') wide at the building setback line for interior lots, and sixty feet (60') wide for corner lots, and shall be at least six thousand eight hundred seventy five (6,875) square feet in area for interior lots, and seven thousand five hundred (7,500) square feet in area for corner lots, except smaller lots as defined in section 4-1-6 of this title and as provided in section 4-3-2 of this title.

   D.   Lot Coverage: No more than thirty five percent (35%) of the area of the lot may be covered by a dwelling and its accessory buildings; except a corner lot may be covered by a dwelling and its accessory buildings up to forty percent (40%) of the area of the lot.

   E.   Elevations And Facades: No two (2) detached single-family dwellings of substantially similar or identical front elevation or facade shall be constructed or located on adjacent lots, nor shall there be constructed or located more than twenty five percent (25%) of single-family dwellings of the same or substantially similar elevations or facades in any block. A change of front elevations or facades shall be deemed to exist when there is a substantial difference in roofline, type and location of windows, and kind and arrangement of materials.

   F.   Establishment Of Foundation Grades: The top of the foundation wall shall be set at a height such that the slope between the top of said foundation wall and the highest elevation of the curb on the street abutting the property on which the foundation wall exists does not exceed six percent (6%), based on the following formula:

 

 

Where there are existing buildings in the block, foundation grades shall be set to equalize the height of all buildings in the block where practicable, unless the existing buildings in the block are set too low in relation to the existing or proposed curb elevations where it then becomes necessary to place a new building foundation grade higher than the existing buildings in the block. Provision shall then be made to protect the lower elevation buildings from the water runoff of the new buildings. Parts of the foundation which are placed at a higher elevation for architectural effect shall not extend for more than forty percent (40%) of the perimeter of the building. However, in all cases, foundation grades must conform to title 6, chapter 14, "Flood Control And Protection", of this code.

Buildings, premises and uses permitted in this district are subject to the applicable performance standards in section 4-8-8 of this title.

   A.   Area: The required off street parking spaces shall be at least nine feet (9') in width and at least twenty feet (20') in length, and shall have a vertical clearance of at least seven feet (7').

   B.   Location: The required parking spaces shall be located inside of and within all building lines.

   C.   Construction: Parking spaces and access drives shall be constructed with a minimum base of four inches (4") of granular material surfaced with four inches (4") of concrete, or with base of six inches (6") of compacted stone and screenings surfaced with two inches (2") of asphalt.

   A.   No second story addition to any existing single-family residence within the village shall be constructed with any portion of said addition being located beyond the boundaries of the exterior walls of the underlying story of said residence, with the exception of the following structural designs which shall be allowed:

      1.   A cantilever overhang of no more than two feet (2');

      2.   A balcony; or

      3.   An overhang supported by posts, with a porch area located underneath.

   B.   All building permit applications for second story additions shall be accompanied by a detailed drawing showing the existing single-family residence, as well as the proposed addition, so that the department of quality control can verify:

      1.   That said addition will comply with the provisions of this section; and

      2.   That the existing single-family residence, and addition when completed, will fully comply with all provisions of this article and all applicable codes of the village.

   A.   Concrete Flatwork: No person, firm, or corporation shall construct or alter any concrete flatwork, asphalt paving or brick pavers, without first obtaining a permit from the department of community development and growth management. "Concrete flatwork" is defined as any concrete, asphalt or brick paved surface such as a sidewalk, driveway or patio. "Concrete formwork" is defined as the framing material, commonly made of wood or aluminum, placed prior to the pouring of concrete flatwork.

   B.   Maximum Lot Coverage: The total lot area occupied by any principal building(s) and accessory building(s), together with all impervious surfaces, including concrete flatwork, shall not exceed fifty percent (50%) of the total lot area. In any case, lot coverage for dwellings and accessory buildings shall not exceed limits set in section 4-5A-3, "Site And Structure Requirements", of this article.

   C.   Application For Concrete Flatwork: An application for a permit to construct concrete flatwork shall be submitted to the department of community development and growth management on forms provided by the department. The application shall designate the location of the proposed concrete flatwork, the name and address of the applicant, the name and address of the owner of the property to be served by the concrete flatwork, and include a plat of survey indicating the proposed concrete flatwork location and dimensions. An updated survey of the property may be required at the discretion of the building official when a sketch of the new flatwork is not adequate to calculate the percentage of lot coverage. The department of community development and growth management shall issue a permit to construct concrete flatwork provided that the permit application is complete, is in accordance with these regulations and the applicable permit fee and inspection fee have been paid.

   D.   Inspections Of Concrete Flatwork: The building official, or other representative designated by the director, shall measure and inspect the permitted and installed concrete flatwork to ensure compliance with this section. The permittee shall give notice to the department twenty four (24) hours prior to concrete formwork being placed, to allow for inspection of the framework prior to the pouring of any concrete.

   E.   Drainage: All concrete flatwork shall be constructed in a manner that is consistent with the requirements of sections 5-3-3-1, "Grading For Drainage", and 5-4-5, "Stormwater Drainage", of this code.

   F.   Fee Schedule: The following fees shall be paid at the time of application:

 

 

(Ords. 75-10-55, 81-17-29, 81-36-77, 85-18-58, 87-1-1, 87-17-70, 90-13-54, 90-16-68, 93-24-107, 94-01-01, 95-14-46, 01-14-45, 01-15-56, 11-18-42, 19-13-40)

The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the R-2 limited multi-family residence district regulations.

A building or premises shall be used only for the following purposes:

   Any use permitted in the R-1 single-family district, except single-family dwellings.

   Accessory buildings, subject to section 4-2-4-1 of this title.

   No truck in excess of one and one-half (11/2) tons' capacity may be parked, except momentarily, on private property in this district.

   Parking as accessory use allowed in the R-2 district and subject to chapter 13 of this title.

   Satellite dish antennas subject to section 4-2-12 of this title (permit required, $25.00).

   Signs limited to advertising premises for sale or for rent.

   Small community residences, provided:

      1.   They are not located within one thousand two hundred feet (1,200') of another community residence;

      2.   Prior to occupancy, a certificate of zoning compliance is applied for and received (see section 4-3-5 of this title); and

      3.   Prior to occupancy, an administrative occupancy permit is applied for and received (see section 4-3-9 of this title).

   Two-family dwellings.

   A.   Building Regulations:

      1.   Building Height: No building shall exceed two and one-half (21/2) stories nor shall it exceed thirty feet (30') in height, except as provided in section 4-2-8 of this title.

      2.   Windows In Basements: In no case shall there be basement windows in any elevation of the building facing a public street, nor shall the total square footage area of all windows exceed five percent (5%) of the floor area of the basement.

   B.   Yards:

      1.   Front Yard: There shall be a front yard having a depth of not less than twenty five feet (25'), except that:

         a.   Where lots comprising forty percent (40%) or more of the frontage between two (2) streets are developed with buildings, the minimum front yard shall be the average of such existing front yards, but in no case greater than thirty feet (30').

         b.   Where lots have a double frontage, the required front yard shall be provided on both streets.

         c.   On a corner lot, there shall be a front yard on each street side of such lot; except, that the front yard on the side street may be reduced in depth to the extent necessary to permit a buildable width on said lot of forty feet (40'), provided the depth of said yard shall not be reduced to less than fifteen feet (15').

         d.   A staggered building line may be established in a subdivision of six (6) or more lots, providing any staggered setback returns to the established setback in any contiguous subdivision which is not under the same ownership as that where a staggered building setback line has been used.

         e.   Projections into front yard not including steps shall be as follows: roof overhangs and vertical walls for porches shall be limited to a four foot (4') total allowance into front yards.

         f.   Decks which meet village construction standards and which are not enclosed or habitable, but which are open to the environment, may encroach into the front yard setback provided such encroachments shall not exceed the following amounts:

            (1)   An eight foot (8') encroachment if the floor of the deck is constructed at grade level;

            (2)   A six foot (6') encroachment if the floor of the deck is constructed on the first floor level; or

            (3)   A four foot (4') encroachment if the floor of the deck is constructed on the second floor level.

      2.   Side Yards:

         a.   There shall be a side yard on each side of the lot not less than five feet (5') and a combined total of side yards of not less than twenty percent (20%) of the average width of the lot.

         b.   There shall be a side yard of not less than nine feet (9') in width, when same is used as a side drive.

         c.   Chimneys and wing walls may encroach by an amount not to exceed two feet (2') upon side yard setbacks.

      3.   Rear Yard: Except as provided in section 4-2-8 of this title, there shall be a rear yard having a depth of not less than thirty feet (30') or twenty percent (20%) of the depth of the lot, whichever amount is smaller. No accessory building shall be permitted within five feet (5') of the rear lot line or within a utility easement.

   C.   Lot Area: Except as provided in section 4-2-8 of this title and title 2, chapter 2 of this code, every dwelling hereafter erected, enlarged, relocated or reconstructed shall be located upon lots containing the following areas:

      1.   A lot on which there is erected a two-family dwelling shall have an area of not less than three thousand (3,000) square feet per family unit and not less than fifty (50) lineal feet of width at the building line.

      2.   A corner lot in this district shall be at least sixty feet (60') wide.

   D.   Lot Coverage: Not more than forty percent (40%) of the area of the lot may be covered by buildings.

   E.   Dwelling Standards: Each and every apartment unit built in the R-2 residence district must contain the following minimum square footages of floor area measured from the inside surface of the perimeter walls containing the individual unit. Measurements are exclusive of common halls, stairways or other common areas within the total building.

 

 

   F.   Courts: Courts are permitted, provided the depth of the court is not greater than the width of the court.

   G.   Conversions: No conversion of single-family dwellings into apartments shall be permitted.

   H.   Elevations And Facades: No two (2) two- family dwellings of identical or similar front elevations or facades shall be constructed or located on adjacent lots, nor shall there be constructed or located more than twenty five percent (25%) of two-family dwellings of the same or similar elevation or facade in any one block. A change of front elevation or facade shall be deemed to exist when there is a substantial difference in roofline, type and location of windows, and type, kind, color and arrangement of materials. Two (2) or more two-family dwellings of identical or similar front elevations or facades may be located adjacent to one another for design and aesthetic purposes for carrying out a theme of architecture, subject to approval of the Zoning and Planning Commission and the president and board of trustees for the overall plan of the two-family dwellings to be constructed.

   I.   Establishment Of Foundation Grades: The top of the foundation wall shall be set at a height such that the slope between the top of said foundation wall and the highest elevation of the curb on the street abutting the property on which the foundation wall exists does not exceed six percent (6%), based on the following formula:

 

 

Where there are existing buildings in the block, foundation grades shall be set to equalize the height of all buildings in the block where practicable, unless the existing buildings in the block are set too low in relation to the existing or proposed curb elevation where it then becomes necessary to place a new building foundation grade higher than the existing buildings in the block. Provision shall then be made to protect the lower elevation buildings from the water runoff of the new buildings. Parts of the foundation which are placed at a higher elevation for architectural effect shall not extend for more than forty percent (40%) of the perimeter of the building. However, in all cases, foundation grades must conform to title 6, chapter 14 of this code, flood control and protection.

Buildings, premises and uses permitted in this district are subject to the applicable performance standards in chapter 8 of this title. (Ords. 75-10-55, 77-29-48, 81-36-77, 85-18-58, 87-1-1, 90-16-68, 92-11-45, 93-9-24, 94-01-01, 95-14-46, 01-14-45, 19-16-66)

The regulations set forth in this Article, or set forth elsewhere in this Title when referred to in this Article, are the district regulations in the R-3 Multi-Family Residence District.

A building or premises shall be used only for the following purposes:

Accessory buildings, subject to Section 4-2-4-1 of this Title.

Any use permitted in the R-1 Residence District or the R-2 Limited Multi-Family District regulations, except single-family dwellings.

Boarding and lodging houses.

Large Community Residences, provided:

      1.   They are not located within one thousand two hundred feet (1,200') of another Community Residence;

      2.   Prior to occupancy, a certificate of zoning compliance is applied for and received (see Section 4-3-5 of this Title); and

      3.   Prior to occupancy, an administrative occupancy permit is applied for and received (see Section 4-3-9 of this Title).

Multiple-family dwellings.

No truck in excess of one and one-half (11/2) tons' capacity may be parked, except momentarily, on private property in this District.

Parking in conjunction with the use established in the District and subject to Chapter 13 of this Title.

Row houses, townhouses or garden-type homes.

Satellite dish antennas subject to Section 4-2-12 of this Title. (Permit required, $25.00.)

Signs limited to advertising premises for sale or for rent.

Small Community Residences, provided:

      1.   They are not located within one thousand two hundred feet (1,200') of another Community Residence;

      2.   Prior to occupancy, a certificate of zoning compliance is applied for and received (see Section 4-3-5 of this Title); and

      3.   Prior to occupancy, an administrative occupancy permit is applied for and received (see Section 4-3-9 of this Title).

Two-family dwellings.

   A.   Building Height: No building height shall exceed three (3) stories nor shall it exceed forty feet (40') in height, except as provided in Section 4-2-8 of this Title.

   B.   Yards:

      1.   Front Yard:

         a.   There shall be a front yard having a depth of not less than twenty feet (20').

         b.   Where lots have a double frontage, the required front yard shall be provided on both streets.

         c.   On a corner lot, there shall be a front yard on each street side of such lot; except, that the front yard on the side street may be reduced in depth to the extent necessary to permit a buildable width on said lot of forty feet (40'), provided the depth of said yard shall not be reduced to less than fifteen feet (15').

         d.   A staggered building line may be established in a subdivision of six (6) or more lots, providing any staggered setback returns to the established setback in any contiguous subdivision which is not under the same ownership as that where a staggered building setback line has been used.

         e.   Decks which meet Village construction standards and which are not enclosed or habitable, but which are open to the environment, may encroach into the front yard setback, provided such encroachments shall not exceed the following amounts:

            (1)   An eight foot (8') encroachment if the floor of the deck is constructed at grade level;

            (2)   A six foot (6') encroachment if the floor of the deck is constructed on the first floor level; or

            (3)   A four foot (4') encroachment if the floor of the deck is constructed on the second or third floor level.

      2.   Side Yards:

         a.   There shall be a side yard on each side of the lot of not less than five feet (5') and a combined total of side yards of not less than twenty feet (20').

         b.   There shall be a side yard of not less than nine feet (9') in width when same is used as a side drive.

         c.   Chimneys and wing walls may encroach by an amount not to exceed two feet (2') upon side yard setbacks.

      3.   Rear Yard: Except as provided in Section 4-2-8 of this Title, there shall be a rear yard having a depth of not less than twenty five feet (25') or twenty percent (20%) of the depth of the lot, whichever is smaller.

   C.   Lot Area: Except as provided in Section 4-2-8 and Title 2, Chapter 2 of this Code, every dwelling hereafter erected, enlarged, relocated or reconstructed shall be located upon lots containing the following areas:

      1.   A lot on which there is erected a two-family dwelling shall have an area of not less than three thousand (3,000) square feet per family unit and not less than fifty (50) lineal feet of width at the building line.

      2.   A lot on which there is erected a multi-family dwelling in excess of two (2) units shall contain a land area of not less than one thousand five hundred (1,500) square feet of land per dwelling unit, but in no case shall the combined floor area of all dwelling units exceed the total lot area of the lot or parcel of ground on which the dwelling is to be erected. There shall not be less than fifty (50) lineal feet of width at the building line.

      3.   A corner lot in this District shall be at least sixty feet (60') wide.

   D.   Lot Coverage: Not more than forty percent (40%) of the area of the lot may be covered by buildings.

   E.   Dwelling Standards: Each and every apartment unit built in the R-3 Residence District must contain the following minimum square footages of floor area measured from the inside surface of the perimeter walls containing the individual unit. Measurements are exclusive of common halls, stairways or other common areas within the total building.

 

 

   F.   Courts: Courts are permitted; provided, the depth of the court is not greater than the width of the court.

   G.   Conversions: No conversion of a single-family dwelling into apartments shall be permitted.

   H.   Elevations And Facades: No two (2) multi- family dwellings of identical or similar front elevations or facades shall be constructed or located on adjacent lots, nor shall there be constructed or located more than twenty five percent (25%) of multi-family dwellings of the same or similar elevation or facade in any one block. A change of front elevation or facade shall be deemed to exist when there is a substantial difference in roofline, type and location of windows, and type, kind, color and arrangement of materials. Two (2) or more multi-family dwellings of identical or similar front elevations or facades may be located adjacent to one another for design and aesthetic purposes for carrying out a theme of architecture, subject to approval of the Zoning and Planning Commission and the President and Board of Trustees for the overall plan of the multi-family dwellings to be constructed.

   I.   Establishment Of Foundation Grades: The top of the foundation wall shall be set at a height such that the slope between the top of said foundation wall and the highest elevation of the curb on the street abutting the property on which the foundation wall exists does not exceed six percent (6%), based on the following formula:

 

 

Where there are existing buildings in the block, foundation grades shall be set to equalize the height of all buildings in the block where practicable, unless the existing buildings in the block are set too low in relation to the existing or proposed curb elevation where it then becomes necessary to place a new building foundation grade higher than the existing buildings in the block. Provision shall then be made to protect the lower elevation buildings from the water runoff of the new buildings in the block. Parts of the foundation which are placed at a higher elevation for architectural effect shall not extend for more than forty percent (40%) of the perimeter of the building. However, in all cases, foundation grades must conform to Title 6, Chapter 14 of this Code, Flood Control and Protection.

Buildings, premises and uses permitted in this District are subject to the applicable performance standards in Section 4-8-8 of this Title.

   A.   Lot Size: Within the R-3 Multi-Family Residence District there is hereby created a Ridgeland Avenue Area Sub-District which shall be subject to all the requirements of this Article relative to R-3 Multi-Family Residence Districts, except that within the Ridgeland Avenue Area Sub-District, the lot size restriction set forth in subsection 4-5C-3C2 of this Article shall be one thousand (1,000) square feet per dwelling unit.

   B.   Boundaries: The boundaries of the Ridgeland Avenue Area Sub- District shall be as follows:

The R-3 Multi-Family Residence District bordered by the first alley South of 95th Street on the North, by 99th Street on the South, by the first alley East of Ridgeland Avenue on the East and Ridgeland Avenue on the West.

   C.   Findings: It is specifically found by the President and Board of Trustees that a greater density is required in the Ridgeland Avenue Area Sub-District for the following reasons:

      1.   Because of its proximity to major business districts, a higher density of population is necessary in the Ridgeland Avenue Area Sub-District to help ensure sufficient walk-in traffic into businesses.

      2.   Unlike the other R-3 Multi-Family Residence Districts in the Village, the Ridgeland Avenue Area Sub-District is adjacent to a major regional enclosed retail shopping center.

      3.   Property owners with the few remaining single-family residential use properties in the Ridgeland Avenue Area Sub- District have had their single-family residential use property values lowered, due to the construction of multi-family dwellings over the years, to the point where their properties' sole marketability will lie in being able to be sold to a developer for the construction of a multi-family building, and such marketability would be significantly impaired if the lot-size amendment were applied to the Ridgeland Avenue Area Sub-District.

      4.   Unlike other R-3 Multi-Family Residential Districts within the Village which currently contain single-family residential uses, the Ridgeland Avenue Area Sub-District has been developed, exclusively, except for the few remaining single-family residences referenced in subsection C3 of this Section, with multi-family residential uses based on one thousand (1,000) square feet of lot size per unit. (Ords. 75-10-55, 81-36-77, 85-18-58, 87-1-1, 90-16-68, 92-11-45, 93-9-24, 94-01-01, 95-14-46, 97-10-44, 97-16-66, 19-16-66)

The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the district regulations in the R-4 Townhome Residence District.

A building or premises shall be used for the following purposes:

Accessory buildings, subject to section 4-2-4-1 of this title.

Home occupations, subject to section 4-1-6 of this title.

No truck in excess of one and one-half (11/2) tons capacity may be parked, except momentarily, on private property in this district.

Parking in conjunction with the use established in the district and subject to the provisions of chapter 13 of this title.

Satellite dish antennas subject to section 4-2-12 of this title.

Signs limited to advertising premises for sale or for rent.

A single family dwelling unit with a row of a minimum of two (2) units up to a maximum of three (3) units constructed horizontally. Each unit extends from the foundation to the roof with units not stacked. Each unit must have its own front and rear entrance. Each townhome shall be privately owned by only one (1) owner. No more than three (3) dwelling units are permitted in one (1) townhome parcel.

   A.   Building Height: No building shall exceed two and one-half (21/2) stories nor shall it exceed thirty feet (30') in height, except as provided in section 4-2-8 of this title.

   B.   Yards:

      1.   Front Yard: There shall be a front yard having a depth of not less than twenty five feet (25'); except that:

         a.   Where lots comprising forty percent (40%) or more of the frontage between two (2) streets are developed with buildings, the minimum front yard shall be the average of such existing front yards, but in no case greater than thirty feet (30'); except, that in a planned subdivision of six (6) or more lots, a staggered setback line exceeding thirty feet (30') may be established, providing that any staggered setback line returns to the established setback line at any contiguous subdivision which is not under the same ownership as that where a staggered building has been used.

         b.   Where lots have a double frontage, the required front yard shall be provided on both streets.

         c.   On a corner lot, the side yard facing the street (corner side yard) shall be the greater of fifteen feet (15') or the average setback distance of all developed lots abutting said street and on the same block, and on the same side of the block, as the lot in question.

         d.   Projections, not including steps, into front yards shall be as follows: Roof overhangs and vertical walls for porches shall be limited to a four foot (4') total allowance into front yards.

         e.   Decks which meet Village construction standards and which are not enclosed or habitable, but which are open to the environment, may encroach into the front yard setback provided such encroachments shall not exceed the following amounts:

            (1)   An eight foot (8') encroachment if the floor of the deck is constructed at grade level;

            (2)   A six foot (6') encroachment if the floor of the deck is constructed on the first floor level; or

            (3)   A four foot (4') encroachment if the floor of the deck is constructed on the second floor level.

      2.   Side Yards:

         a.   Not less than ten percent (10%) of the width of the lot or five feet (5'), whichever is greater.

         b.   Where there is a combined side yard, said side yard shall not be less than fifteen feet (15').

         c.   When a side yard is adjacent to a street, said side yard shall not be less than fifteen feet (15').

         d.   When a side yard is used for a driveway, said side yard shall be not less than thirty percent (30%) of the width of the lot or ten feet (10'), whichever is greater.

         e.   Chimneys and wing walls may encroach by an amount not to exceed two feet (2') upon side yard setbacks.

      3.   Rear Yard: Except as provided in section 4-2-8 of this title, there shall be a rear yard having a depth of not less than twenty five feet (25') or twenty percent (20%) of the depth of the lot, whichever is less.

   C.   Lot Area: Every lot or tract of land upon which a townhome is erected shall be at least fifty five feet (55') wide at the building setback line for interior lots and sixty feet (60') wide for corner lots and shall be at least six thousand eight hundred seventy five (6,875) square feet in area for interior lots, and seven thousand five hundred (7,500) square feet in area for corner lots, except smaller lots as defined in section 4-1-6 of this title and as provided in section 4-3-2 of this title. Each unit must have a minimum of three thousand (3,000) square feet per unit.

   D.   Wall Separations: Townhomes shall be separated by a two (2) hour fire rated non-combustible wall assembly when located on a lot line between units and shall be continuous from the foundation to the underside to the fire retardant roof sheathing. Exterior walls when located on or near lot lines and open to a separate non-buildable lot of at least thirty feet (30') in width used as a common yard or open to a public way (street), may have zero (0) hour fire rating.

   E.   Building Materials: Subsection 4-3-3A of this title is hereby incorporated by reference and shall apply equally to all townhomes sought to be constructed.

   F.   Lot Coverage: No more than forty percent (40%) of the area of the lot may be covered by a dwelling and its accessory buildings; except a corner lot may be covered by a dwelling and its accessory buildings up to fifty percent (50%) of the area of the lot.

   G.   Establishment Of Foundation Grades: The top of the foundation wall shall be set at a height such that the slope between the top of said foundation wall and the highest elevation of the curb on the street abutting the property on which the foundation wall exists does not exceed six percent (6%), based on the following formula:

 

 

Where there are existing buildings in the block, foundation grades shall be set to equalize the height of all buildings in the block, where practicable, unless the existing buildings in the block are set too low in relation to the existing or proposed curb elevations where it then becomes necessary to place a new building foundation grade higher than the existing buildings in the block. Provisions shall then be made to protect the lower elevation buildings from the water runoff of the new buildings. However, in all cases, foundation grades must conform to title 6, chapter 14, "Flood Control And Protection", of this Code.

Buildings, premises and uses permitted in this district are subject to the applicable performance standards in section 4-8-8 of this title.

   A.   Parking Required: A minimum of two (2) off-street parking spaces shall be provided for the residents of each townhome unit. One (1) space as required may be within the driveway of the front yard setback area.

   B.   Area: The required off street parking spaces shall be at least nine feet (9') in width and at least twenty feet (20') in length, and shall have a vertical clearance of at least seven feet (7').

   C.   Location: The required parking spaces shall be located inside of and within all building lines.

   D.   Construction: All permanent off-street parking spaces and access areas thereto shall be paved. Parking spaces and access drives shall be constructed with a minimum base of four inches (4") of granular material surfaced with four inches (4") of concrete, or with base of six inches (6") of compacted stone and screenings surfaced with two inches (2") of asphalt. All off- street parking facilities shall be completed before occupancy of the building.

   A.   Concrete Flatwork: No person, firm or corporation shall construct or alter any concrete flatwork, asphalt paving or brick pavers, without first obtaining a permit from the Department of Community Development and Growth Management. "Concrete flatwork" is defined as any concrete, asphalt or brick paved surface such as a sidewalk, driveway or patio. "Concrete formwork" is defined as the framing material, commonly made of wood or aluminum, placed prior to the pouring of concrete flatwork.

   B.   Maximum Lot Coverage: The total lot area occupied by any principal building(s) and accessory building(s), together with all impervious surfaces, including concrete flatwork, shall not exceed sixty percent (60%) of the total lot area. In any case, lot coverage for dwellings and accessory buildings shall not exceed limits set in section 4-5D-4, "Site And Structure Requirements", of this article.

   C.   Application For Concrete Flatwork: An application for a permit to construct concrete flatwork shall be submitted to the Department of Community Development and Growth Management on forms provided by the department. The application shall designate the location of the proposed concrete flatwork, the name and address of the applicant, the name and address of the owner of the property to be served by the concrete flatwork, and include a plat of survey indicating the proposed concrete flatwork location and dimensions. An updated survey of the property may be required at the discretion of the building official when a sketch of the new framework is not adequate to calculate the percentage of lot coverage. The Department of Community Development and Growth Management shall issue a permit to construct concrete flatwork provided that the permit application is complete, is in accordance with these regulations and the applicable permit fee and inspection fee have been paid.

   D.   Inspections Of Concrete Flatwork: The building official, or other representative designated by the Director, shall measure and inspect the permitted and installed concrete flatwork to ensure compliance with this section. The permittee shall give notice to the department twenty four (24) hours prior to concrete formwork being placed, to allow for inspection of the framework prior to the pouring of any concrete.

   E.   Drainage: All concrete flatwork shall be constructed in a manner that is consistent with the requirements of sections 5-3-3-1, "Grading For Drainage", and 5-4-5, "Stormwater Drainage", of this Code.

   F.   Fee Schedule: The following fees shall be paid at the time of application:

 

 

An application for permit to develop or improve a townhome shall be submitted to the Zoning and Planning Commission for review and recommendation before it is submitted and approved by the Board of Trustees of the Village of Oak Lawn. (Ords. 17-14-48, 21-19-86)