The provisions of this article apply to the R-3 One- and Two-Family Residence Districts.

The following are permitted principal uses:

(1)

Any use or structure permitted and as regulated in section 34-193 except as hereinafter modified.

(2)

Two-family dwellings.

(Code 1990, § 16-140; Ord. No. 93-1658, § 2(6.0), 4-19-1993)

The following are permitted when authorized by board of appeals:

(1)

Any use as regulated in section 34-194, except as hereinafter modified.

(2)

Parking areas accessory to a use in an adjoining less restricted district, when abutting or directly across an alley, subject to the applicable conditions stipulated in section 34-424, and such further conditions as may be stipulated by the board.

(Code 1990, § 16-141; Ord. No. 93-1658, § 2(6.1), 4-19-1993)

R-2 residence district accessory uses are permitted accessory uses.

(Code 1990, § 16-142; Ord. No. 93-1658, § 2(6.2), 4-19-1993)

No principal structure shall exceed 2½ stories or 30 feet in height, and no accessory structure shall exceed 1½ story or 20 feet in height, except as provided in section 34-476.

(Code 1990, § 16-143; Ord. No. 93-1658, § 2(6.3), 4-19-1993; Ord. No. 2005-2125, § 4, 2-15-2005)

The following minimum requirements shall be observed, subject to the additional requirements, exceptions and modifications in sections 34-477 through 34-479, inclusive. Each one-family residence shall be located on a lot containing at least 6,000 square feet. Each structure containing more than one family shall be located on a lot having an area of 4,000 square feet for each family.

(Code 1990, § 16-144; Ord. No. 93-1658, § 2(6.4), 4-19-1993)

(a)

A special use permit to allow the operation of a bed and breakfast inn may be granted upon application therefor and provided that the following conditions and or restrictions shall apply:

(1)

All provisions of the Bed and Breakfast Act of Illinois (50 ILCS 820/1 et seq.) shall apply, and the owner thereof shall be required to obtain a license, renewable annually, for the operation thereof in accordance with the licensing ordinance of the city.

(2)

At least one off-street parking space shall be provided for each room offered for rent.

(3)

The hotel tax, imposed by article V of chapter 30, is hereby levied and imposed upon all persons, firms or corporations engaged in the business of operating a bed and breakfast inn, and all revenues generated from such operations shall be reported in accordance with the requirements of the hotel tax ordinance of the city.

(4)

Any exterior lighting shall be limited to defused, low wattage, and any exterior signage that is illuminated shall be illuminated in such manner that the lighting is deflected away from any adjoining or neighboring property.

(5)

Each facility shall provide at least one bath and toilet facility for every two rooms available for rental.

(6)

The operator shall permit annual inspections to be conducted by the building or fire department of the city to determine compliance with all applicable building, and fire and health safety codes of the city.

(7)

The special use permit for bed and breakfast inn, and any license granted for the operation therefor, shall terminate if the use is abandoned for more than 120 consecutive days.

(b)

The term "bed and breakfast inn" as used in this section, shall mean and refer to an operator-occupied residence providing accommodations for a charge to the public with no more than five guestrooms for rent, in operation for more than ten nights in a 12-month period. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boardinghouses, or food serving establishments.

(c)

The term "operator" as used in this section shall mean and refer to the owner of the bed and breakfast establishment, or the owner's agent, who is required to reside in the bed and breakfast establishment, or on contiguous property.

(d)

The term "guestroom" as used in this section shall mean and refer to a sleeping room intended to serve no more than two transient guests per night.

(e)

An application for special use permit under this section shall be subject to the same procedure as an application for zoning change under section 34-564, including the payment of $75.00 application fee.

(Code 1990, § 16-145; Ord. No. 99-1874, § 1, 2-16-1999)

(a)

A two-family dwelling structure constructed so that each dwelling occupies a portion of the ground floor of the structure and the wall separating the dwelling units consists of a straight plane from front to back and top to bottom of the structure may be converted to individually owned single-family dwelling units subject to and upon satisfaction of the following:

(1)

An application for the conversion shall be filed with the building department, and upon such filing, shall be referred to the zoning board of appeals at the next regularly scheduled meeting occurring more than five business days after such filing for review and recommendation to the city council whether to grant the permit to convert. The application shall be accompanied by the following information, and such additional information as may be reasonably required by the building official:

a.

A plot plan showing the site and structure arrangements and proposed divisions.

b.

The full legal description of the subject property, and the legal description of each individual property after the proposed division.

c.

A description of any proposed structural and utility alterations necessary so that each unit will have separate utility service connections and metering and be capable of being maintained separately.

d.

A description of any revision to proposed access patterns, both vehicular and pedestrian.

e.

A copy of proposed protective covenants, which shall be drafted and prepared to run with the land, in which shall be specified methods providing for maintenance of shared property and/or easements, responsibilities for shared expenses, and continued use of the property for residential purposes. Such covenants shall be drafted to provide for the long term maintenance and use of the premises for residential purposes only, within the overall context of the R-3 or R-4 zoning classification.

f.

Following such conversion, the minimum width of each individually owned parcel shall be not less than 80 percent of the minimum lot widths specified in this article VII for the zoning district in which located, and all side and front yard depths and widths shall meet the requirements of this article VII, except that the side yard requirement for the common boundary line dividing the structure shall not be applicable.

(2)

The application for unit conversion shall be accompanied by a consent agreement signed by 75 percent of the owners of record of all properties located within 250 feet of the premises for which the conversion is proposed, measured from the closest point from property line to property line.

(b)

As a condition to granting a permit for conversion of a two-family structure into individually owned single-family dwelling units, utility service lines and metering shall be separated so that each individually owned single-family unit will be served by all utilities separately. No such application shall be approved if the proposed utility service line for either unit would require entry into the other unit for any maintenance, repair or replacement service.

(c)

No permit for conversion shall be approved or granted unless both individually owned units within the structure will comply with all applicable city building and construction codes upon completion of the proposed conversion. The building official, prior to hearing before the zoning board of appeals, shall be required to conduct an inspection of the premises to advise of those conditions requiring alteration or construction in order to comply with such codes.

(d)

Upon hearing by the zoning board of appeals, recommendation may be conditioned upon satisfactory completion by the applicant of any and all construction or utility service installation necessary to meet the requirements of this section and the building and construction codes of the city, and no such permit shall be issued until the building official shall have, by inspection, determined that such conditions have been met.

(e)

If the zoning board of appeals finds that the conditions required have been met or can be met by construction or utility alteration, it shall recommend that the city council grant the permit, and shall forward such recommendation to the city council for action, subject to such conditions as the zoning board of appeals deems necessary in order to ensure compliance with all applicable ordinances and codes of the city.

(Ord. No. 2014-2171, § 1, 7-15-2014)