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Rosemont City Zoning Code

CHAPTER 5

RESIDENTIAL DISTRICTS

12-5A-1: REGULATIONS GENERALLY:

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 A Single-Family Districts.
(Revised Zoning Ord., 8-15-1993)

12-5A-2: PERMITTED USES:

A building or premises shall be used only for the following purposes:
Church, but any church that is on a new site shall provide permanent off street parking space upon the lot or within two hundred feet (200') thereof, which space is adequate to accommodate one car for every seven (7) persons for which seating is provided in the main auditorium of the church, exclusive of the seating capacity of Sunday school and other special rooms.
Home occupations:
   A.   Home occupations shall be permitted in a dwelling and/or accessory buildings located within a residence district, provided all the following conditions are met:
      1.   There shall be no signs to indicate that the dwelling and/or accessory buildings are being used for any purpose other than as a residence.
      2.   There shall be no activity or display that will indicate from the exterior that the dwelling and/or accessory buildings are being utilized for any purpose other than as a residence.
      3.   The persons engaging in the home occupation shall be limited to persons residing in the dwelling.
      4.   There shall be no external alterations, whether permanent or temporary, to the dwelling or any accessory building as a result of the home occupation which would diminish the residential character of the dwelling or accessory building.
      5.   All activities and all storage undertaken in connection with or as a result of the home occupation shall be within the dwelling and/or accessory buildings.
      6.   The conducting of the home occupation shall not cause motor vehicle traffic on the street or streets on which the dwelling is located to increase to a level greater than that generally found on the same type of street located within the same zoning district as the dwelling.
      7.   An area no more than twenty five percent (25%) of the floor space of the dwelling, including the basement, or five hundred (500) square feet of floor space, whichever is less, shall be devoted to the home occupation.
      8.   No home occupation shall create noise, dust, vibration, odors, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance, visual or otherwise, to any greater or more frequent extent than that usually experienced in a dwelling within the same zoning district under normal circumstances when no home occupation exists.
      9.   There must be compliance with all other applicable provisions of this title and this Code including, but not limited to, any building permit and business license permit requirements.
      10.   There shall be no more than one home occupation in a dwelling unit.
      11.   The person conducting the home occupation must have obtained all required permits and authorizations from any governmental body which regulates the home occupation.
   B.   Home occupations requiring the handling of food or foodstuffs or the caring for or treatment of humans or animals shall be permitted only if a special use permit for the home occupation is issued by the Village Board of Trustees after a public hearing thereon before the Zoning Board of Appeals.
Parks, playgrounds and community buildings, including recreation buildings, community centers, stadiums, exposition centers, auditoriums and arenas owned or operated by the Village.
Public libraries.
Public schools, elementary and high, or private schools having a curriculum equivalent to a public elementary school or public high school and having no rooms regularly used for housing or sleeping purposes; provided, however, that no private kindergarten or nursery school shall be permitted except as otherwise provided in this title.
Single-family dwelling, except no single-family dwelling shall be used for a short-term rental.
Accessory uses, customarily incidental to the above uses (not including the conduct of a business) including home occupations and the use of a lot or portion thereof for a normal vegetable garden. Any accessory building that is not a part of the main structure shall be located not less than eighteen inches (18") from the rear lot line (as “rear lot line”
Community Residences, Hospices and Halfway Houses: Subject to the following requirements and to the regulations set forth in section 12-5A-5 of this article, a small community residence which is intended to be occupied by between five (5) and nine (9) persons with disabilities or with four (4) or fewer persons with disabilities, plus support staff provided by a sponsoring agency, shall be permitted only if an administrative occupancy permit or special use permit is obtained. A small community residence shall not qualify for an administrative occupancy permit if it is to be located less than one thousand feet (1,000') from either an existing small community residence, a large community residence, hospice or halfway house. Large community residences, halfway houses, hospices and small community residences located less than one thousand feet (1,000') from an existing small community residence, large community residence, hospice or halfway house shall be permitted only if a special use permit is issued in accordance with the procedures and requirements set forth in chapter 3, article B of this title. No special use permit shall be issued for a community residence, halfway house or hospice unless the applicant presents evidence to establish that:
   A.   The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of a neighborhood community.
   B.   The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of a neighborhood, traffic conditions, utility facilities, and other matters affecting the public health, safety and general welfare.
   C.   The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations.
   D.   There shall be reasonable assurance that the proposed buildings or use will be completed and maintained in a timely manner, if authorized.
   E.   The applicant demonstrates that it has either obtained or is eligible for all required State or local licenses or certifications required to operate the proposed use. No special use permit shall be issued for any use for which a required local or State license has been denied.
   F.   The proposed use or building will comply with all applicable statutes, ordinances, rules and regulations.
Off street parking must be provided.
(Revised Zoning Ord., 8-15-1993; amd. Ord. 2018-3-14Q, 3-14-2018; 2019 Code)

12-5A-3: BUILDING HEIGHT:

No building shall exceed two and one-half (2-1-2) stories nor shall it exceed thirty five feet (35') in height except as hereinafter provided.
(Ord. 2013-12-11G, 12-11-2013)

12-5A-4: AREA REGULATIONS:

   A.   Front Yard:
      1.   There shall be a front yard having a depth of not less than twenty five feet (25'), unless forty percent (40%) or more of the frontage on the same side of the street between two (2) intersecting streets is improved with buildings that have observed a front yard line with a greater or less depth, and the front yards of such buildings have a variation in depth of not more than ten feet (10'), in which case, no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than thirty five feet (35').
      2.   Where lots have a double frontage, the required front yard shall be provided on both streets.
      3.   Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street of a corner lot; provided, however, that the buildable width of such lot need not be reduced to less than thirty five feet (35'), except where necessary to provide a yard along the side street with a depth of not less than five feet (5'). No accessory building shall project beyond the front yard line on either street.
   B.   Side Yards: Except as hereinafter provided, there shall be a side yard on each side of a building having a width of not less than ten percent (10%) of the lot frontage or six feet (6'), whichever is less.
   C.   Rear Yard: Except as hereinafter provided, 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.
   D.   Intensity Of Use: Every lot or tract of land shall have an area of not less than six thousand one hundred fifty (6,150) square feet, excepting any lot or tract of land that has less area than herein required and was of record at the effective date hereof, which, on that date, is under different ownership than property adjoining it on either side, that lot or tract may be used for any of the uses permitted by this article.
(Revised Zoning Ord., 8-15-1993)

12-5A-5: COMMUNITY RESIDENCE, HOSPICE AND HALFWAY HOUSES:

   A.   Small Community Residence; Administrative Occupancy Permit Required:
      1.   Prior to establishing a small community residence which is intended to house between five (5) and nine (9) persons with disabilities or four (4) or fewer persons with disabilities, plus support staff, the agency sponsoring the community residence or the owner of the building in which the community residence is to be located must first obtain an administrative occupancy permit from the Chair of the Village Zoning Board of Appeals. No administrative occupancy permit shall be issued for a small community residence unless: a) the small community residence is to be located at least one thousand feet (1,000') from any existing community residence, hospice or halfway house as measured from lot line to lot line; and b) the applicant demonstrates that it has either obtained or is eligible for State or local licensing or certification to operate the proposed small community residence, or that the proposed small community residence is licensed or certified or eligible for licensing or certification.
      2.   The Chair of the Zoning Board of Appeals may revoke an administrative occupancy permit issued for a small community residence if the license or certification of the small community residence or the operator's license or certification to operate community residences is revoked.
      3.   An administrative certificate of occupancy is not transferable to another operator or to another location.
   B.   Number Of Residents: The number of persons permitted to reside in a community residence, hospice or halfway house shall depend on the number and size of bedrooms located within the community residence, hospice or halfway house. A bedroom which is used by or assigned to one person shall have an area of not less than seventy (70) square feet. A bedroom which is used by or assigned to two (2) or more persons shall have an area of not less than fifty (50) square feet per person. No bedroom shall be used or assigned for use by more than four (4) persons. No area within a community residence, hospice or halfway house shall regularly be used for sleeping except for a bedroom.
   C.   Application For Administrative Occupancy Permit Or Special Use Permit: An application for an administrative occupancy permit or a special use permit must contain a statement of the exact nature of the community residence, hospice or halfway house, the qualifications of the agency which will operate the community residence, halfway house or hospice, the number and type of personnel who will be employed, and the number and nature of the residents who will live in the community residence, hospice or halfway house.
(Revised Zoning Ord., 8-15-1993)

12-5A-6: SOLAR ENERGY SYSTEMS:

   A.   Solar panels and solar panel energy systems may only be authorized as a special use in the “A” Single-Family Residential District by the Corporate Authorities after a public hearing conducted by the Zoning Board of Appeals.
   B.   Notice of the date, time and place for a public hearing on any request for a special use to allow either solar panels or any solar panel energy systems shall be given: (1) by publication in a newspaper of general circulation in the Village at least fifteen (15) days prior to the date of the hearing; and (2) by certified mail to the addresses of all lots located within one hundred fifty feet (150') feet from the lot requesting the special use. The cost of the notice shall be paid by the applicant.
   C.   A special use for solar panels and/or a solar panel energy systems may be granted only if it is determined that the general special use criteria contained in this title are satisfied and also determined that each and every one of the following criteria are also satisfied.
      1.   Satisfaction of Utility Requirements: If the solar energy system is to be connected to the electric grid all the requirements of the operator of the electric grid must be satisfied, including all notification, design and construction requirements. If the utility requires either prior notification or its approval of the installation, evidence of satisfaction of the utility's requirements must be provided to the Village with the application for the special use.
      2.   Glare: Installation of the solar panels shall not cause glare that adversely impacts adjacent properties. A solar panel or combination of solar panels shall be designated and located to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard. In order to minimize glare, all solar panels shall be made of a textured surface and manufactured with an anti-reflective coating. If the installation requires the approval of the Federal Aviation Administration (FAA), that approval shall be obtained prior to applying for a special use.
      3.   Emergency Disconnect: All solar energy systems connected to the electric grid shall have an external disconnect switch that is readily accessible to emergency responders, and which is clearly identifiable and unobstructed.
      4.   Tree Removal: Tree removal shall be minimized.
      5.   Freestanding Solar Panels Prohibited: Freestanding solar panels shall not be permitted.
      6.   Principal Structure Roof Installation: Solar panels shall not be installed in any location other than the surface of the roof of the principal structure on the property, including any garage attached to the principal structure. Garages attached only by a breezeway or covered walkway shall not be considered as an attached garage under this section. Solar panels shall not be constructed on any part of the vertical portion of a mansard roof and shall not be mounted on any vertical portion of a structure.
      7.   Roof Protrusions: Solar panels shall not obstruct any roof vents or interfere with the proper operation of any other protrusions through the roof.
      8.   Sloped Roofs: Solar panels on sloped roofs shall be mounted parallel with the surface of a pitched roof. The solar energy collection surface of the solar panel shall not be more than twelve (12) inches above the surface of the roof when measured perpendicular from the surface of the pitched roof. No portion of the solar panel can be higher than the height of the highest ridge line. Solar panels also cannot be within twenty four inches (24") (as measured along the surface of the roof) from either any roof edge or any roof line between different roof surfaces.
      9.   Roof Access; Sloped Roofs: In order to minimize interference with firefighting operations and to maintain firefighter safety, solar panels shall not be located on a sloped roof face that faces the front yard or side yard of a lot and shall only be located on a roof face that faces the rear lot line or the interior rear yard. If the angle made by a line from a point on roof that is perpendicular to the side lot line and a line running along and parallel to the same roof surface is greater than one hundred thirty five (135) degrees, the roof surface shall be not be considered as facing the side lot line.
      10.   Flat Roofs: A solar panel collection surface mounted on a flat roof shall not extend above the building parapet. No such mounted panel shall be visible from adjacent properties. No more than fifty percent (50%) of the roof surface shall be used for solar panels. The solar panels shall be consolidated into array groupings located toward the center of the roof, rather than situated in a disjointed manner. No such mounted panel shall exceed the maximum permitted height.
      11.   Artificially Lighted: No solar panel shall be artificially lighted.
      12.   Building Permit: A building permit shall be required prior to erecting any solar panel or solar energy system. Mounting for such systems shall be in conformance with all Electrical Codes and Building Codes to ensure wind and weight loading requirements are met. All battery storage areas shall be in full compliance with all Building Codes and industry best practices. Plans shall be stamped by a licensed structural engineer and by a qualified inspector for such installations. All installation must be constructed in accordance with plans approved by the Village.
      13.   Special Use: The approval of a special use for solar panels and solar panel energy systems shall be subject to such conditions as necessary to require that their operation at all times be in compliance with the terms of this section and all applicable Building Code requirements.
(Ord. 2020-6-10E, 6-10-2020)

12-5B-1: REGULATIONS GENERALLY:

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 C Multiple Dwelling Districts.
(Revised Zoning Ord., 8-15-1993)

12-5B-2: PERMITTED USES:

A building or premises shall be used only for the following purposes:
Church.
Fraternity, sorority, private club, and lodge, excepting those, the chief activity of which, is a service customarily carried on as a business.
Group or row houses, except no group or row house shall be used for a short-term rental.
Hospital, except an animal hospital or a mental hospital.
Institutions of a religious, educational, elementary, or philanthropic nature, but not penal or mental institutions.
Kindergarten and nursery school.
Multiple dwellings, except no multiple dwelling shall be used for a short-term rental.
Accessory buildings and uses customarily incidental to any of the above uses, including storage garages, where the lot is occupied by a multiple dwelling, club or hospital or institutional building.
Community residences, halfway houses and hospices subject to the following requirements and to the requirements set forth in section 12-5B-6 of this article. Large community residences shall be permitted only if an administrative occupancy permit or special use permit is obtained. A large community residence does not qualify for an administrative occupancy permit because it is located less than six hundred feet (600') from either an existing community residence, hospice or halfway house. Hospices, halfway houses and large community residences located less than six hundred feet (600') from an existing community residence, halfway house or hospice shall be permitted only if a special use permit is issued in accordance with the procedures and requirements of chapter 3, article B of this title. No special use permit shall be issued for a large community residence, hospice or halfway house unless the applicant presents evidence to establish that:
   A.   The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of a neighborhood community.
   B.   The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of a neighborhood, traffic conditions, utility facilities, and other matters affecting the public health, safety and general welfare.
   C.   The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations.
   D.   There shall be reasonable assurance that the proposed buildings or use will be completed and maintained in a timely manner, if authorized.
   E.   The applicant demonstrates that it has either obtained or is eligible for all required State or local licenses or certifications required to operate the proposed use. No special use permit shall be issued for any use for which a required local or State license has been denied.
   F.   The proposed use or building will comply with all applicable statutes, ordinances, rules and regulations.
(Revised Zoning Ord., 8-15-1993; amd. Ord. 2013-3-14Q, 3-14-2018)

12-5B-3: PARKING REQUIREMENTS:

   A.   Whenever a structure is erected, converted or structurally altered for a multiple dwelling, there shall be provided accessible parking space on the lot adequate to accommodate not less than one and one- half (1-1/2) cars for each dwelling unit in the building.
   B.   Whenever a structure is erected, converted or structurally altered for a hospital or similar institution, there shall be provided accessible parking space on the lot adequate to accommodate one car for every five (5) beds in the hospital or institution.
(Revised Zoning Ord., 8-15-1993)

12-5B-4: BUILDING HEIGHT:

No building shall exceed three (3) stories or forty five feet (45') in height, except as hereinafter provided.
(Revised Zoning Ord., 8-15-1993)

12-5B-5: AREA REGULATIONS:

   A.   Front Yard: The front yard regulations are the same as those in the A Single-Family District.
   B.   Side Yards: Except as hereinafter provided, there shall be a side yard on each side of a three (3) story building which shall have a width of not less than eight feet (8').
   C.   Intensity Of Use: Except as hereinafter provided, every dwelling hereafter erected, enlarged, relocated, reconstructed, or structurally altered shall be located upon the lots containing the following areas:
      1.   A lot on which there is erected a multiple dwelling shall contain an area of not less than one thousand five hundred (1,500) square feet per family or dwelling unit; except, that this regulation shall not apply to dormitories, fraternities or sororities where no cooking is done in individual rooms or apartments.
      2.   Where a lot has less area than herein required and was of record at the effective date hereof, that lot may be used only for single-family dwelling purposes or for any of the other nondwelling uses permitted in this article.
(Revised Zoning Ord., 8-15-1993)

12-5B-6: COMMUNITY RESIDENCE, HOSPICE AND HALFWAY HOUSES:

   A.   Community Residence; Administrative Occupancy Permit Required:
      1.   No community residence shall be established unless the sponsoring agency first obtains an administrative occupancy permit from the Chair of the Zoning Board of Appeals.
      2.   No administrative occupancy permit shall be issued for a large community residence unless the large community residence is at least six hundred feet (600') from any existing community residence as measured from lot line to lot line.
      3.   No administrative permit shall be issued for a community residence unless the applicant demonstrates that it has either obtained or is eligible for State or local licensing or certification to operate the proposed community residence, or that the proposed community residence is licensed or certified or eligible for licensing or certification.
      4.   The Chair of the Zoning Board of Appeals may revoke a certificate of occupancy for a community residence if its license or certification or the operator's license or certification to operate large community residences is revoked.
      5.   An administrative occupancy permit is not transferable to another operator or to another location.
   B.   Number Of Residents: The maximum number of persons who may reside in a community residence, hospice or halfway house is based on the number and size of bedrooms. A bedroom which is used or intended for use by one person shall have a floor area of not less than seventy (70) square feet. A bedroom which is used or intended for use by two (2) or more persons shall have an area of not less than fifty (50) square feet per person. No bedroom shall be used or assigned for use by more than four (4) persons. No area in a community residence, halfway house, or hospice shall be regularly used for sleeping by residents except for a bedroom.
   C.   Application For Administrative Occupancy Permit Or Special Use Permit: An application for an administrative occupancy permit or a special use permit must contain a statement of the exact nature of the community residence, hospice or halfway house, the qualifications of the agency which will operate the community residence, halfway house or hospice, the number and type of personnel who will be employed and the number and nature of the residents who will live in the community residence, hospice or halfway house.
(Revised Zoning Ord., 8-15-1993)