Zoneomics Logo
search icon

Prospect Heights City Zoning Code

CHAPTER 6

RESIDENTIAL DISTRICTS

5-6-1: R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT:

   A.   Permitted Uses: The following uses are permitted:
   Accessory uses, in accordance with the provisions of chapter 3 of this title.
   Family community residences, provided, an application for occupancy is filed with the City Administrator or his designee. An occupancy permit will be granted, provided, the following conditions are met:
      1.    The sponsoring agency is certified and licensed by the State under the Community Living Facilities Licensing Act, 210 Illinois Compiled Statutes 35/1 et seq., and the Community-Integrated Living Arrangements Licensure and Certification Act, 210 Illinois Compiled Statutes 135/1 et seq., or other similar statutes as may be required.
      2.    The family community residence is not located closer than one thousand five hundred feet (1,500') to another licensed family community residence or group community residence.
      3.    All other applicable codes and ordinances are met.
   Fences, in accordance with the provisions of chapter 3 of this title.
   Home occupations, in accordance with the provisions of chapter 3 of this title.
   Off street parking facilities, in accordance with the provisions of chapter 8 of this title.
   Parks, forest preserves and recreational areas, when publicly owned and operated.
   Short-term rental properties, in accordance with the provisions of title 3, chapter 7 of the city code.
   Signs, in accordance with the provisions of chapter 9 of this title.
   Single-family detached dwellings.
(Ord. 0-17-23, 10-9-2017; Ord. O-23- 01, 2-27-2023)
   B.   Special Uses: The following uses may be allowed by special use permit in accordance with the provisions of section 5-10-9 of this title:
   Agricultural uses, as defined in chapter 2 of this title.
   Artificial lake, private recreation.
   Assisted living facility.
   Churches, chapels, temples, synagogues, rectories, and convents and similar religious institutions, and other accessory uses required for operation.
   Community center buildings, clubhouses, recreation buildings, swim clubs for indoor pools, tennis buildings for indoor tennis, noncommercial and not for profit.
   Golf courses, not including driving ranges, miniature golf courses, or illuminated par 3 golf courses.
   Governmental office buildings.
   Greenhouses, no retail sales.
   Libraries, public.
   Public service uses including:
   Electric substations.
   Fire stations.
   Gas regulator stations.
   Police stations.
   Pumping stations.
   Railroad rights-of-way.
   Reservoirs.
   Telephone exchanges, repeater stations and microwave relay towers.
   Water towers, waterworks, and wells.
   Schools, public or private, denominational, elementary and high, including playgrounds and athletic fields auxiliary thereto noncommercial.
   Stables, private, when lot size is three (3) acres or more.
   C.   Prohibited Uses: All uses not expressly authorized in subsections A and B of this section are expressly prohibited.
   D.   Lot Size:
      1.   Every single-family dwelling hereafter erected shall be located and continuously maintained on a lot having an area of not less than twenty thousand (20,000) square feet, and a width at the established front building line of not less than one hundred feet (100').
      2.   Minimum lot sizes for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized, but in no case shall any such lot have an area less than twenty thousand (20,000) square feet and a width of one hundred feet (100') at the established building line. Each assisted living facility shall have a maximum density of twenty two (22) units per acre.
      3.   Every assisted living facility shall be located on a lot having a minimum area of two hundred thousand (200,000) square feet.
   E.   Yard Areas: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:
      1.   Front Yard: A front yard equal to not less than forty feet (40').
      2.   Interior Side Yards: A side yard on each side of the principal building of not less than fifteen feet (15').
      3.   Corner Side Yard:
         a.   Generally: A side yard along the side street equal to not less than twenty five feet (25').
         b.   Irregular Lots: For an irregular lot, a lot line abutting a street which has the greatest dimension shall be a side lot line, which required yard shall be a corner side yard and shall have a yard of not less than twenty five feet (25').
      4.   Reversed Corner Side Yard: The street line with the greatest dimension shall be the exterior side lot line. Along said lot line, a side yard shall be provided equal to the required front yard of the lot to the rear, for a distance equal to required rear yard of the reversed corner lot. Along the remaining distance of said side lot line there shall be provided a side yard equal to fifty percent (50%) of the depth of the front yard required on the lot to the rear but shall not be less than twenty five feet (25'). See also subsection 5-3-9E of this title regarding accessory buildings.
      5.   Rear Yard: A rear yard equal to not less than fifty feet (50'). An accessory structure may be located in the rear yard but not closer than five feet (5') to any lot line, providing such accessory structure, excluding a garage, is appropriately screened.
      6.   Stables, Private: Private stables shall be set a minimum of fifty feet (50') from any lot line.
   F.   Height:
      1.   The maximum height of the principal building shall not exceed thirty feet (30') or two (2) stories.
      2.   For all assisted living facilities, the maximum height of the principal building shall not exceed forty five feet (45') or three (3) stories.
   G.   Lot Coverage: The maximum coverage of a zoning lot shall not exceed the percentages set forth below:
      1.   General requirements: Twenty five percent (25%), including accessory buildings.
      2.   Assisted living facilities: Forty three percent (43%), including accessory buildings.
   H.   Floor Area Ratio: The maximum floor area ratio (FAR) shall be as set forth below:
      1.   Single-family detached dwellings: Twenty five percent (25%). The FAR applicable to the principal building only shall be twenty percent (20%).
      2.   Assisted living facilities: Forty three percent (43%).
   I.   Minimum Size Of Dwelling:
      1.   General Requirements: Each single-family dwelling and other such structures occupied in whole or in part for residential purposes shall contain at least one thousand two hundred (1,200) square feet of livable floor area, exclusive of basement or garage space.
      2.   Assisted Living Facilities: Each assisted living facility shall contain at least three hundred thirty (330) square feet of livable floor area, exclusive of basement or garage space.
   J.   Sewer And Water: All dwellings and uses requiring sanitary facilities shall be served by either a Municipal sewer and water system, a private community sewer and water system, or a private individual sewage disposal system and water supply system approved by the appropriate governmental agency.
However, if both an individual sewage disposal system and an individual water supply system are used to serve the same lot, then a minimum lot area of forty thousand (40,000) square feet is required.
   K.   Temporary Uses: Temporary uses may be permitted in accordance with the provisions of chapter 3 of this title.
(Ord. 0-14-20, 10-28-2014)

5-6-2: R-1A RESIDENTIAL TRANSITION DISTRICT:

   A.   Description Of District: The R-1A Residential Transition District is intended to be used for parcels which are suitable for residential development. It is designed to allow development options in conjunction with planned unit development provisions of this title so as to permit uses to be developed and arranged in a manner which will facilitate a transition between R-1 land uses and other more intense developments so as to minimize any adverse impact on existing developments which are permitted within the R-1 Single-Family Residential District.
   B.   Permitted Uses: The following uses are permitted:
Accessory uses in accordance with the provisions of chapter 3 of this title.
Fences, in accordance with the provisions of chapter 3 of this title.
Off street parking facilities in accordance with the provisions of chapter 8 of this title.
Parks, forest preserves and recreational areas when publicly owned and operated.
Single-family detached dwellings.
   C.   Special Uses: The following uses may be permitted by special use permit in accordance with the provisions of chapter 10 of this title:
Artificial lake(s), private recreation. Noncommercial, not for profit uses limited to community center buildings, clubhouses, recreational buildings, swim clubs for indoor pools, tennis buildings for indoor tennis.
Churches, chapels, temples, synagogues, rectories and convents, and similar religious institutions and other accessory uses required for their operation.
Community center buildings, clubhouses, recreation buildings, swim clubs for indoor pools, tennis buildings for indoor tennis, noncommercial and not for profit.
Golf courses not including the following: driving ranges, miniature golf courses, or illuminated par 3 golf courses.
Governmental office buildings.
Home occupations, in accordance with the provisions of chapter 3 of this title.
Libraries, public.
Planned unit developments (PUDs).
Public service uses including:
Electric substations.
Fire stations.
Gas regulator stations.
Police stations.
Pumping stations.
Railroad rights of way.
Reservoirs.
Telephone exchanges, repeater stations and microwave relay towers.
Water towers, waterworks, and wells.
Schools, public or private, denominational, elementary and high, including playgrounds and athletic fields auxiliary thereto noncommercial.
Signs, in accordance with provisions of chapter 9 of this title.
   D.   Lot Size:
      1.   Every single-family dwelling hereafter erected shall be located and continuously maintained on a lot having an area of not less than twenty thousand (20,000) square feet, and a width at the established front building line of not less than one hundred feet (100').
      2.   Minimum lot sizes for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized, but in no case shall any such lot have an area less than twenty thousand (20,000) square feet and a width of one hundred feet (100') at the established building line.
   E.   Yard Areas: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:
      1.   Front Yard: A front yard equal to not less than forty feet (40').
      2.   Interior Side Yards: A side yard on each side of the principal building of not less than fifteen feet (15').
      3.   Corner Side Yard: A side yard along the side street equal to not less than twenty five feet (15').
      4.   Reversed Corner Side Yard: The street line with the greatest dimension shall be the exterior side lot line. Along said lot line, a side yard shall be provided equal to the required front yard of the lot to the rear, for a distance equal to required rear yard of the reversed corner lot. Along the remaining distance of said side lot line there shall be provided a side yard equal to fifty percent (50%) of the depth of the front yard required on the lot to the rear but shall not be less than twenty five feet (25'). See also subsection 5-3-9E of this title regarding accessory buildings.
      5.   Rear Yard: A rear yard equal to not less than fifty feet (50'). An accessory structure may be located in the rear yard but not closer than five feet (5') to any lot line, providing such accessory structure, excluding a garage, is appropriately screened.
   F.   Height: The maximum height of buildings shall not exceed thirty feet (30') or two (2) stories.
   G.   Lot Coverage: The maximum coverage of a zoning lot shall not exceed twenty five percent (25%), including accessory buildings.
   H.   Floor Area Ratio: The maximum floor area ratio (FAR) for single-family detached dwellings and accessory buildings shall be twenty five percent (25%). The FAR applicable to the principal building only shall be twenty percent (20%).
   I.   Minimum Size Of Dwelling: Each single-family detached dwelling and other such structures occupied in whole or in part for residential purposes shall contain at least one thousand two hundred (1,200) square feet of livable floor area, exclusive of basement or garage space.
   J.   Sewer And Water: All dwellings and uses requiring sanitary facilities shall be served by either a municipal sewer and water system, a private community sewer and water system, or a private individual sewage disposal system or water supply system approved by the appropriate governmental agency.
However, if both an individual sewage disposal system and an individual water supply system are used to serve the same lot, then a minimum lot area of forty thousand (40,000) square feet is required.
   K.   Temporary Uses: Temporary uses may be permitted in accordance with the provisions of chapter 3 of this title.
   L.   Requirements For Special Uses And Planned Unit Developments (PUDs): Minimums for lot size, front yard, interior side yard, corner side yard, reversed corner side yard, rear yard, and requirements for lot coverage, maximum height of buildings, floor area ratio, and minimum dwelling size, for special uses, or PUDs shall be prescribed and the conditions stipulated to at the time a special use permit, or PUD is authorized.
   M.   Criteria For Rezoning To R-1A: The general purpose and intent of this zoning district is to permit a PUD which is primarily residential on property originally within an R-1 zoning district, if substantial and sufficient justification exists to show that the proposed development is the best alternative to the R-1 district and if that justification arises from conditions or circumstances other than economic ones. (Ord., 11-17-1987)
The plan/zoning board of appeals shall not recommend a rezoning to R-1A for purposes of a PUD unless it shall make findings of fact that the proposed development meets all the following criteria: (Ord., 11-17-1987; amd. Ord. 0-03-35, 9-15-2003)
      1.   Special conditions and circumstances exist as a result of surrounding property or within the land itself and which are not generally applicable to other similarly zoned properties.
      2.   The proposed PUD will not be detrimental to the public health, safety, morals, comfort or general welfare or injurious to other property or improvements in the neighborhood.
      3.   The proposed PUD shall provide adequate utilities, roads, drainage, and/or other facilities and not substantially increase congestion in the public streets, increase the danger of fire, or flooding, nor diminish and impair property valuations in the vicinity of the subject property with due consideration of the existing permitted uses.
      4.   The proposed PUD will not alter the essential character of the locality, nor impede or discourage the development or adjacent land in accord with their current zoning district within which they lie. It is not the intent of the R-1A zoning district to foster different land uses on adjacent properties or create spot zoning.
      5.   The proposed PUD is in harmony with the spirit and intent of this title, and the city's comprehensive plan. (Ord., 11-17-1987)
The plan/zoning board of appeals shall not recommend a rezoning to R-1A unless it makes findings of fact that the reasons set forth in the application justify the granting of the PUD, and that each variation from the normal zoning requirements for that district is the minimum variation that will make possible the reasonable use of the land.
The plan/zoning board of appeals shall further make a finding that the granting of the PUD will be in harmony with the general purpose and intent of this title, and will not be injurious to the neighborhood, or otherwise detrimental of the public welfare. (Ord., 11-17-1987; amd. Ord. 0-03-35, 9-15-2003)
The board may recommend that such conditions and restrictions are imposed upon the location, construction, design and use of property benefited by a granting of the rezoning as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values. (Ord., 11-17-1987)
The special use permit granted under this title shall be valid for one year. If substantial construction of the developer has not been initiated within one year of the date of the passage of an ordinance granting a special use permit, said permit shall be terminated and the zoning shall revert to R-1. The plan/zoning board of appeals may accept an application to extend the effective special use permit for a period of ninety (90) days, and may recommend to the city council such an extension, and the city council may approve the extension. A maximum of two (2) such extensions may be approved. (Ord., 11-17-1987; amd. Ord. 0-03-35, 9-15-2003)
Violation of such conditions and restrictions, when made a part of the terms under which an R-1A zoning is granted, shall be deemed a violation of this title and punishable under chapter 12, "Violations; Penalties", of this title. (Ord., 11-17-1987)

5-6-3: R-2 GENERAL RESIDENTIAL DISTRICT:

   A.   Permitted Uses: The following uses are permitted:
Accessory uses, in accordance with the provisions of chapter 3 of this title.
Fences, in accordance with the provisions of chapter 3 of this title.
Home occupations, in accordance with the provisions of chapter 3 of this title.
Multiple-family dwellings.
Off street parking facilities in accordance with the provisions of chapter 8 of this title.
Parks, forest preserves and recreation areas, when publicly owned and operated.
Signs, in accordance with the provisions of chapter 9 of this title. (Ord. 0-77-27, 7-18-1977)
   B.   Special Uses: The following uses may be allowed by special use permit in accordance with provisions of chapter 10 of this title:
Artificial lakes, private recreation.
Churches, chapels, temples, synagogues, rectories and convents, and similar religious institutions, and other accessory uses required for operation.
Community center buildings, clubhouses, recreation buildings, swim clubs for indoor pools, tennis buildings for indoor tennis, noncommercial and not for profit.
Governmental office buildings.
Hospitals and sanitariums, not including institutions for the care or treatment of the insane, feebleminded, retarded, alcoholic or drug addict patrons, rest homes, nursing or convalescent homes.
Libraries, public.
Nursery schools, children's day schools, day nurseries, childcare centers, and daycare centers, provided at least two hundred (200) square feet of outdoor play area is provided for each child that is cared for.
Nursing homes.
Public service uses including:
Electric substations.
Fire stations.
Gas regulator stations.
Police stations.
Pumping stations.
Railroad rights of way.
Reservoirs.
Telephone exchanges, repeater stations and microwave relay towers.
Water towers, waterworks, and wells.
Schools, public or private, denominational, elementary and high, including playgrounds and athletic fields auxiliary thereto noncommercial. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-40, 11-3-2002, eff. 11-13-2003)
   C.   Prohibited Uses: All uses not expressly authorized in subsections A and B of this section are expressly prohibited.
   D.   Lot Area Requirements:
      1.   All buildings erected or structurally altered containing three (3) or more dwelling units shall be located on a lot which provides minimum lot area per dwelling unit as follows:
         a.   Dwelling units with four (4) or more bedrooms: Four thousand (4,000) square feet;
         b.   Dwelling units with three (3) bedrooms: Three thousand (3,000) square feet;
         c.   Dwelling units with two (2) or less bedrooms: Two thousand five hundred (2,500) square feet;
provided, however, that in no event shall a project's minimum lot area be less than ten thousand (10,000) square feet.
      2.   Any room other than a living room, dining room, bath, kitchen, utility room or other accessory room such as a closet shall be counted as a bedroom for purposes of determining land area per dwelling unit.
      3.   The minimum lot width for all permitted uses in this R-2 district shall not be less than sixty feet (60').
      4.   Minimum lot sizes for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized, but in no case shall any such lot have an area less than ten thousand (10,000) square feet and a width less than sixty feet (60') at the established building line.
   E.   Yard Areas: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:
      1.   Front Yard: For each building on a zoning lot, a front yard shall be provided equal to not less than twenty percent (20%) of the lot depth, but need not exceed twenty feet (20'). The minimum front yard shall be increased by one foot (1') for each three feet (3') or fraction thereof by which the building height exceeds forty feet (40').
      2.   Interior Side Yard: Multiple-family dwellings shall be set in from the side lot line a distance of not less than ten feet (10'), unless the building height exceeds twenty five feet (25'), in which case the interior side yard shall equal forty percent (40%) of the building height; however, buildings fifty feet (50') or more in overall width, as projected upon the front lot line, shall have side yards not less than twenty percent (20%) of the building width or forty percent (40%) of the building height, whichever is greater. (Ord. 0-77-27, 7-18-1977)
Special uses may require an interior side yard greater than ten feet (10') when specified by the plan/zoning board of appeals. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)
      3.   Corner Side Yard: Multiple-family dwellings shall be set in from the side lot line adjacent to the street right of way a distance of not less than ten feet (10'), except that buildings fifty feet (50') or more in overall width, as projected upon the front lot line, shall have corner side yards not less than twenty percent (20%) of the building width or forty percent (40%) of the building height, whichever is greater. (Ord. 0-77-27, 7-18-1977)
Special uses may require a corner side yard greater than ten feet (10') when specified by the plan/zoning board of appeals. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)
      4.   Rear Yard: Multiple-family dwellings shall be set back from the rear lot line at least thirty feet (30'). Community center buildings and recreation buildings shall be set back from the rear lot line at least fifty feet (50') or ten percent (10%) of the lot depth, whichever is less.
Buildings accessory to multiple-family dwellings may be located in the rear yard but not closer than five feet (5') to any lot line. (Ord. 0-77-27, 7-18-1977)
Special uses may require a rear yard greater than thirty feet (30') when specified by the plan/zoning board of appeals. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)
   F.   Required Open Space: All required open space shall be adequately dispersed to facilitate ease of use by all residents.
      1.   Open space: Any lot area not covered by buildings, streets, or parking areas.
      2.   Minimum open space: The percentage of zoning lot that must be devoted to landscaping, lawns, recreation areas and similar uses. Off street parking and loading space and driveways shall not be included as part of the required minimum open space.
      3.   Minimum usable open space: The percentage of a zoning lot that must be provided and maintained as a permanent open space for active and passive recreation. These areas may include lakes, swimming pools, tennis and volleyball courts, lawn expanses and walkways. Balconies and terraces may also be included as usable open space.
      4.   Required open space: In the R-2 district, the following percentages of the zoning lot shall be provided and maintained as adequately dispersed open space:
         a.   Minimum open space: Forty percent (40%).
         b.   Minimum usable open space: Twenty percent (20%).
   G.   Height: The maximum height of buildings shall not exceed forty five feet (45') or four (4) stories.
   H.   Lot Coverage: The maximum coverage of a zoning lot shall not exceed forty percent (40%) including accessory buildings.
   I.   Floor Area Ratio: The maximum floor area ratio for a multi- family building is eighty percent (80%).
   J.   Minimum Size Of Dwelling: The minimum size of a multiple- family dwelling unit shall be five hundred (500) square feet of livable floor space exclusive of basement or garage space.
   K.   Maximum Dwelling Unit Density: Maximum dwelling unit density of a multiple-family dwelling shall be 17.424 per acre.
   L.   Sewer And Water: All dwellings and uses requiring sanitary facilities shall be served by either a municipal sewer and water system, a private community sewer and water system, or a private individual water supply system. Individual sewage disposal units are not permitted. Individual water supply systems must be approved by the appropriate governmental agency.
   M.   Temporary Uses: Temporary uses may be permitted in accordance with the provisions of chapter 3 of this title. (Ord. 0-77-27, 7-18-1977)