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Sleepy Hollow City Zoning Code

CHAPTER 3

RESIDENTIAL DISTRICTS

Sec. 8-3A-1. - Permitted principal uses.

A.

In the R-1 districts, the principal permitted use is for one single-family residence to be constructed on each lot, provided each such residence shall have a garage attached thereto, which garage shall be not less than 450 square feet in area and shall be similar to said residence in design, materials and construction, with a paved driveway from the entrance of the garage to the edge of the street; and provided no single-family residence and attached garage shall occupy or cover more than 15 percent of the total lot area; and provided no single-family residence and attached garage shall be built on a lot unless said lot meets the minimum lot size established as follows:

1.

The lot without access within 100 feet to a public water supply and a public sewerage disposal system is not less than 125 feet in width at the building setback and the lot area is not less than 40,000 square feet;

2.

The lot with access within 100 feet to a public water supply is not less than 125 feet in width at the building setback and the lot area is not less than 30,000 square feet;

3.

The lot with access within 100 feet to a public sewerage disposal system is not less than 100 feet in width at the building setback and the lot area is not less than 25,000 square feet;

4.

The lot with access within 100 feet to a public water supply and a public sewerage disposal system is not less than 75 feet in width at the building setback and the lot area is not less than 25,000 square feet;

and provided the above dimensions and areas shall not include any portion of any public or private highway or road, street or alley; and provided that any lot which has access, within 100 feet of any of its boundaries, to a public water or sewer system shall connect to such system or systems; and provided further that in subsections A.3 and A.4 of this section, the mean, median and mode lot size of the overall subdivision or development shall be not less than 27,500 square feet; and except that an existing lot heretofore created by a duly approved and recorded plat of subdivision, having a minimum width of 100 feet at the building setback, or in the case of cul-de-sac lots, having a minimum width of 75 feet at the building setback, with an area of not less than 30,000 square feet without access within 100 feet to a public water supply and a public sewer system, or with an area of not less than 20,000 square feet with access within 100 feet to a public water or sewer system, may be improved with a single-family residence subject to the provisions hereof and this code.

B.

No plat of subdivision or resubdivision in the R-1 districts shall be approved hereafter unless the minimum lot sizes established above are created therein and such plat is, where applicable, accompanied by a certificate from a registered engineer evidencing the location of any public water system or any public sewer system and the capability and approval of any such systems to provide water or sewage disposal service to the lot or lots within the plat. All lots within the plat shall be considered to have access to any such system if the respective water or sewerage service line is within 100 feet of any boundary of the plat.

(Ord. 92-22, 8-17-1992; Ord. 97-8, 5-19-1997)

Sec. 8-3A-2. - Permitted incidental or accessory uses.

In the R-1 district, the following uses will be permitted as an incidental or accessory use:

A.

Displaying of one temporary sign not more than six square feet in area, advertising that the premises upon which it is displayed is for sale or for lease, may be permitted without a permit, but must be removed within seven days after the premises is sold or leased. Said sign shall not be illuminated and shall not be neon, flashing, electronically or electrically moving, or physically moving (twisting, turning or waving through motorized or natural forces), nor shall any pennants or other such attention seeking devices be employed. All other signs shall be prohibited except temporary election campaign signs permitted with restrictions in subsection 8-3A-3.B of this article, and except signs permitted in other official village regulations.

B.

"Home occupations", as defined in section 8-1-5 of this title.

C.

Building additions to single-family residences and attached garages, which shall require building permits, and which shall be similar to the respective residences and attached garages in design, materials and construction, and conform to all zoning regulations of this title and to all other applicable village regulations and codes.

D.

Displaying not more than one permanent sign otherwise in accord with the requirements of section 8-5-10 of this title on the premises of any school, church, library, museum, or public use property, provided that each sign may be a freestanding sign not greater than 60 square feet in area, and six feet in height, and such freestanding sign may be erected in addition to a wall sign which otherwise meets the requirements of subsection 8-5-10.D.1 of this title.

(Ord. 97-8, 5-19-1997; Ord. 2001-2, 1-16-2001)

Sec. 8-3A-3. - Additional uses.

A.

Permitted: The following uses shall be permitted in the R-1 residential districts:

Churches, libraries and museums.

Community buildings and social and recreational centers of a community nature.

Keeping, harboring, possessing, owning or caring for dogs or cats as allowed under title 4 of this Code.

Public and community waterworks, police stations and fire stations.

Publicly owned or leased parks, playgrounds, athletic fields and swimming pools.

School bus passenger stations.

B.

Permitted with conditions: The following uses shall be permitted in the R-1 residential districts, but only in compliance with all of the conditions described herein, and any such use that is not in compliance with said conditions shall be and is prohibited:

1.

In connection with subdivision developments, a single temporary office, located within a model home, with off-street parking spaces for a period not to exceed two years. Also, a single sign or double-faced sign on a common support or structure, not exceeding 20 square feet in area for each sign face, on the premises being developed, for a period not to exceed two years. Such temporary office, and sign shall require permits as set forth herein.

2.

Displaying, only on private property with the express permission of the owner or owners thereof, and excluding utility poles and public property of any sort such as street signs and road or street rights-of-way, temporary election campaign signs, each not more than three square feet in area. The advertised candidate or candidates shall be fully and directly responsible for complying with the requirements hereof.

3.

One, but not more than one, outbuilding or permanent detached structure, not greater than 2,000 square feet in total area, and not more than 15 feet in height, on any lot of ten acres or more in size, provided further, there shall be no water or sewer service to any such outbuilding or permanent, detached structure.

4.

Driveway entrance improvements.

a.

Architectural pillars shall be permitted, subject to the following conditions:

(1)

There shall be no more than two pillars;

(2)

Such pillars may be erected with or without lights, any such lights being solely for the purpose of illuminating the adjacent driveway on the premises, subject to the requirements of subsection B.4.c of this section;

(3)

The pillars shall be constructed of brick or stone;

(4)

No lateral dimension of any pillar shall exceed 24 inches and the overall height thereof shall not exceed six feet;

(5)

Such pillar(s) shall be located in the front yard of the premises, outside of the street right-of-way, and within five feet of the driveway;

(6)

Such pillars shall not constitute a traffic hazard or a nuisance to neighboring property;

(7)

If two such pillars are erected, they shall be of exactly matching design, materials and construction, and shall be located opposite each other on either side of the driveway;

(8)

A building permit shall be required for construction of any such pillars.

b.

Architectural pillars built of brick, stone, concrete, or other rigid materials forming an unyielding structure, existing as of September 1, 1992, may remain in place, provided there is one three-inch diameter reflector three feet above the ground on each of two opposite sides along the street for any such pillars. Such existing structures shall not be rebuilt in the event of their destruction or substantial damage unless otherwise in compliance with the requirements of this section.

c.

Lights for illuminating driveway entrances may be installed outside the public right-of-way, not to exceed 0.1 foot-candle illumination at the right-of-way line of the adjacent street, and otherwise in a manner so as not to constitute a traffic hazard or a nuisance to the public and/or neighboring property owners.

5.

One, but not more than one, parabolic or dish type antenna, located outdoors, which shall be mounted a minimum distance of 15 feet horizontally from the vertical plane of any property line and which shall meet the following differing requirements based on antenna size:

a.

Such large size antenna shall have a maximum overall height of 13 feet including the supporting structure, a minimum diameter of 40 inches and a maximum diameter of nine feet, shall be mounted in the rear yard at ground level, shall be screened from view by nondeciduous vegetative landscaping planted so as to provide maximum opacity, shall not be mounted on the residence or attached garage, shall require a building permit, and shall not be made operational until the village building officer or his designee shall certify in writing that both the construction plans and the final construction of said antenna meet the requirements hereof.

b.

Such small size antenna shall have a maximum diameter of 39 inches, shall be mounted as inconspicuously as possible toward or on the back of the residence or attached garage or in the rear yard, but need not be certified by the building officer or his designee and shall not require a building permit.

6.

Exterior lighting may be installed on any residential property for security purposes, and shall not exceed 0.3 foot-candle of light at any and all property lines, and must be shrouded or cut off so as to prevent direct illumination from such lighting from extending into any neighboring property. Exterior lighting for any parking area or any internal roadway otherwise allowed in a residential district shall comply with the lighting standards established in the village for lighting in business districts, as set forth in section 8-5-11 of this title, and as hereinafter may be amended from time to time.

7.

Outdoor storing of gardening materials and/or equipment in connection with a gardening project, or of lumber or other building materials and/or equipment in connection with a construction project for which a building permit has been issued, when in progress on the immediate premises, on a temporary basis only for a length of time not to exceed 90 days. No other outdoor storage of materials and/or equipment is allowed.

8.

Garages, but only if attached to a dwelling.

9.

The following "fences" are allowed, subject to obtaining a building permit therefor, and otherwise, fences, including, but not limited to, boundary fences, are prohibited:

a.

One swimming pool fence covered by section 7-4-7-4 of this Code.

b.

One patio fence, provided it is located no farther than three feet from the patio and does not exceed six feet in height. The patio fence must be adjacent to the building, not longer than the adjacent side of the building and located behind the building setback. It shall have an outside entrance, and shall be constructed of nonmetallic or nonplastic material.

c.

One deck fence, provided it is located on the deck or abutting the deck and extends not more than four feet above the deck. The deck fence must be adjacent to the building, not longer than the adjacent side of the building and located behind the building setback. It shall be constructed of nonmetallic or nonplastic material. A deck railing, as distinguished from a deck fence, shall be permitted in place of a deck fence; no separate building permit shall be required for construction of a deck railing.

d.

One fenced in dog run containing not more than 144 total square feet in area, the fence therefor being not less than four feet in height and being not more than six feet in height; and no part of any such dog run being within 15 feet of any property line.

e.

For any property on which the rear yard abuts Randall Road, there may be constructed a fence along the rear property line only, on the following conditions:

(1)

Such fence shall be constructed of unstained/unpainted No. 1 western grade cedar, dog eared style, one by six boards, ten feet high, and nailed with aluminum nails to five, two by four cedar boards for cross members.

(2)

Each section of such fence shall be attached to four by six-inch treated posts set in concrete 48 inches deep.

(3)

Such fence shall be constructed with the finished surface facing Randall Road; the support posts shall be placed on the inside.

(4)

Gates may be constructed for passage through such fence, provided any such gate shall otherwise be constructed in accord with the requirements of this section.

(5)

Fence posts shall be placed at the corner of the lot lines of each side yard to allow adjacent property owners to tie into such fence, in order to maintain uniformity of such fencing along Randall Road.

(6)

Such fence shall be located on or inside all lot lines or inside any easement of record, including, but not limited to, a county or state roadway maintenance easement, by one foot; all so as not to interfere with existing utilities.

(7)

Such fence shall be located in all areas so as to allow adequate access to any and all utility boxes.

(8)

In the event that the property on which such fence is constructed shall be adjacent to a roadway other than Randall Road, then such fence shall terminate 23 feet from the roadway right-of-way.

(9)

The height of the fence shall be maintained at a constant level of ten feet above grade, as measured from the natural grade level (exclusive of berms or other irregularities) to the top of the fence, at a point to be designated by the building officer as a bench mark. Adjustments to the length of boards shall be made at the bottom as necessary to conform to variations in grade. Any gap between the bottom of a fence board or boards and the natural grade shall not exceed six inches.

(10)

It shall be the responsibility of the owner and/or occupant of the property where the fence is erected to maintain the structure in good repair at all times.

(11)

It shall be a violation of this section if a fence is found to be in a deteriorated condition and/or in need of repair, including, but not limited to, broken or missing structural components, graffiti, or if the fence is substantially less than perpendicular to grade.

(12)

The building trustee or his/her authorized agent may order the fence to be repaired, replaced or removed depending upon the condition of the fence.

(13)

Any such order to repair, replace or remove a fence shall be in writing, and shall allow a period of not less than 30 days to complete such repair, replacement or removal.

f.

A decorative fence, as defined in this title.

10.

A fence to surround and enclose a garden area, on a temporary basis only during the growing season; provided, no plastic fencing materials shall be used for such purpose. No building permit shall be required for such a temporary fence.

11.

Garage sales shall be permitted, subject to the following; no other or additional garage sales may be conducted:

a.

There shall be garage sales on any one residential property not more than four days per year for each dwelling unit thereon.

b.

No goods shall be brought into the village from outside the village for the purpose of selling them at a garage sale.

c.

All garage sales shall also comply with the following conditions:

(1)

The displaying of one garage sale sign shall be allowed on the premises on which the sale is to be and is conducted. Such sign must not exceed six square feet in area and must be located in the front yard outside of the village right-of-way and not less than 15 feet from the nearest edge of street pavement. Said sign shall not be illuminated, shall not be filled with neon or other gas, shall not be flashing, or physically waving through motorized forces, and shall not employ any audio attention seeking device.

(2)

No more than five directional signs shall be utilized to identify the location of the garage sale. All such signs shall be placed on private property (with the consent of the owner).

(3)

No garage sale sign, and no directional sign, shall be placed on any public property, including, but not limited to, any right-of-way, and in particular, on any light pole, traffic sign standard, or utility pole.

(4)

All signs must be removed within 12 hours of the conclusion of the garage sale.

(5)

Any sign posted in violation of the regulations prescribed herein may be summarily removed by the village.

(6)

A permit for any garage sale must be obtained from the village not less than 48 hours prior to the commencement of the sale. The permit shall be displayed during the time of the garage sale in the front yard or front window of the house where it is visible from the nearest roadway.

(7)

Vehicle parking shall be allowed in the vicinity of the sale on one side of the street only, as determined by the police department. The police department shall direct the placement of temporary "no parking" signs accordingly. The requisite "no parking" signs may be obtained at, and shall be returned to, the Village Hall.

(8)

Such other or additional regulations as the board of trustees may prescribe from time to time.

12.

The owner of any property in the R-1 residential zoning district in the village shall be allowed to conduct an open house event in conjunction with the offering of said property for sale, subject to the following conditions:

a.

The displaying of one open house sign shall be allowed on the premises on which the open house event is to be held.

(1)

Such sign must not exceed six square feet in area and must be located in the front yard outside of the village right-of-way (not less than 15 feet from the nearest edge of street pavement).

(2)

Said sign shall not be illuminated, shall not be filled with neon or other gas, shall not be flashing, or physically waving through motorized forces, and shall employ no audio attention seeking device.

b.

No more than five directional signs shall be utilized to identify the location of the open house. All such directional signs shall be placed on private property (with the consent of the owner).

c.

No open house sign, and no directional sign, shall be placed on any public property, including, but not limited to, a right-of-way, and in particular, on any light pole, traffic sign standard, or utility pole.

d.

For purposes of this section, the area of any sign shall be calculated based on the area of one face, whether the sign is one or two-sided.

e.

All signs must be removed at the conclusion of the open house event.

f.

Any sign posted in violation of the restrictions prescribed herein may be summarily removed by the village.

13.

Children's play structures, subject to the following conditions:

a.

Location shall be in rear yard only, and set back not less than 15 feet from any adjoining property line or zone line as otherwise required by subsection 8-1-9 of this title.

b.

The following restrictions on size of such play structures shall apply:

(1)

Swing sets: No swing set shall have a footprint greater than 500 square feet in size, nor have a height greater than 14 feet.

(2)

Trampolines: No trampoline shall be greater than 160 square feet in size.

c.

Exterior maximum height of any playhouse, whether freestanding or included as part of a children's play structure, shall not exceed six feet.

d.

For purposes of this subsection, "footprint" shall mean the area (length times width, as measured from the extreme points of each extension) which the structure, or any portion of such structure, actually covers, or would cover, on the ground where its length and width extended at ground level; provided, further, that the extreme point of any length or width shall include the extreme point of any overhang, eave or other elevated portion of the play structure, as if extended down to the ground level.

e.

No items of any kind other than children's toys shall be kept, stored or maintained in any play structure at any time.

f.

No electrical or plumbing service shall be connected to any such play structure at any time.

g.

It shall be the responsibility of the owner and/or occupant of the property where any such children's play structure is installed, erected, or constructed to maintain the structure in good repair at all times.

h.

If a play structure is found in the sole discretion of the village building officer to be in a deteriorated condition and/or in need of repair, and the officer shall issue an order for repair, replacement, or removal of same, depending on its condition, the owner shall comply with said order. Any such order to repair or replace a play structure shall be in writing, and shall allow a period of not less than 30 days to complete a repair or replacement of the structure. Any such order for removal shall be in writing, shall require an immediate cessation of all use of the structure, and shall specify a deadline for removal.

C.

Prohibited: The following uses shall be prohibited in the R-1 residential districts in the village:

1.

Keeping, harboring, or raising of animals, including, but not limited to, poultry or other birds, rabbits, or other animals or livestock, and specifically including the following:

a.

Pasturing, grazing or stabling of horses or other livestock.

b.

Operating any animal shelter, or commercial kennel, or a kennel as defined in section 4-2-11 of this Code.

2.

Garages, when detached from a dwelling; all garages must be attached to a dwelling.

3.

Guesthouse.

4.

Skateboard and other ramps for recreational purposes.

5.

Storage of gasoline or other fuel products in an underground storage tank.

D.

Reserved.

E.

Permitted on village property with conditions: The following public uses are permitted in the R-1 residential districts in the village, but only on property owned or leased by the village, and subject to the conditions described herein:

1.

Detached structures for public use erected by the village on village property.

2.

Storage of gasoline or other fuel products in an underground storage tank on village property for village use; provided, the installation shall be approved by the state fire marshal and the Illinois Environmental Protection Agency.

F.

Penalty: Any property owner or other person who has violated any provision of this chapter shall be subject to a fine, in accordance with section 8-1-16 of this title, and provided, each day a violation is found to have existed and/or continued shall be deemed a separate violation; and shall be subject to entry of an order requiring that he cease and desist from further violation; and shall be subject to any other remedy available to the village in law or in equity.

(Ord. 2016-5, 6-6-2016; Ord. 2023-10, § 2, 10-2-2023)

Sec. 8-3A-4. - Special uses.

A.

The following special uses may be allowed in the R-1 residential district:

Amateur radio antenna, subject to the standards established in section 8-1-14 of this title.

Governmental offices and related facilities.

Telecommunications tower, subject to the standards established in section 8-1-15 of this title.

(Ord. 2001-20, 11-5-2001; amd. Ord. 2002-9, 3-4-2002; Ord. 2014-4, 4-7-2014)

Sec. 8-3A-5. - Repealed.

Editor's note— Ord. 2016-5, adopted June 6, 2016, repealed § 8-3A-5 entitled "Prohibited uses." See section 8-3A-3 of this article.

Sec. 8-3A-6. - Minimum allowable total floor area, R-1 districts.

A.

Floor areas established: Every single-family residence hereafter erected in the R-1 districts shall have not less total floor area than the following mandatory minimum, and in addition, every multiple-story and multiple-level single-family residence shall have individual above grade floor areas or level areas conforming as closely as possible to the following recommended minimums, said floor areas to be measured from the outside of the exterior walls, including utility rooms, but excluding cellars, basements, open porches, breezeways, garages and other spaces that are not constructed so as to be fit for year-round living, eating or sleeping use:

1.

One-story or ranch: 1,800 square feet mandatory minimum total.

2.

Two-story: 2,200 square feet mandatory minimum total; 1,200 square feet recommended minimum on the first floor and 1,000 square feet recommended minimum on the second floor.

3.

Trilevel or split level: 1,800 square feet mandatory minimum total; 900 square feet recommended minimum on the upper level and 900 square feet recommended minimum on the middle or main level (the level immediately down from upper level).

4.

Bilevel or mid-entry raised ranch: 1,800 square feet mandatory minimum total on the upper or above grade level.

All mandatory minimum allowable total floor area requirements and all recommended minimum floor areas and level areas pertain to living areas that are above grade. "Grade" shall mean the elevation at the highest point of finished grade adjacent to the dwelling. No living area shall be considered in the mandatory and recommended minimums if it is partially or completely below grade.

B.

Definitions of residence classifications: The following definitions shall determine the classification of single-family residences in establishing mandatory minimum allowable total floor area requirements, and in establishing for multiple-story and multiple-level, single-family residences recommended minimums on individual above grade floor areas and level areas, as set forth herein, except that garages and entrance foyers shall not be considered in determining such classification:

Bilevel or mid-entry raised ranch: A one-story and basement residence having an entrance foyer between the two levels, with a basement that is partially below grade and partially above grade and is sometimes finished.

One-story or ranch: A one-story residence of elongated style built on a slab, crawl space or partial or full basement.

Trilevel or split level: A residence of three and sometimes four or more levels of living area, with the two uppermost levels above grade and which can be distinguished by its broken wall and broken roof design.

Two-story: A residence with two stories of above grade living area built on a slab, crawl space or partial or full basement.

(Ord. 92-22, 8-17-1992; amd. Ord. 2001-20, 11-5-2001)

Sec. 8-3B-1. - Permitted uses.

In the R-2 districts, the only uses permitted are as follows:

A.

The uses permitted in the R-1 districts, except home occupations and storing, keeping or parking of recreational vehicles, boats, snowmobiles and trailers outside of garages of other than single-family residences. Those uses expressly prohibited in the R-1 districts are expressly prohibited in the R-2 districts, including garages except as attached to permitted R-2 residential buildings. Such attached garages shall have paved driveways from the entrance of the garage to the edge of the street.

B.

Residential apartment buildings and multiple-family dwellings each containing not less than two nor more than four separate dwelling units, provided:

1.

The lot is improved with an approved public water supply and an approved public sewerage disposal system, as defined in section 8-1-5 of this title, and is not less than 100 feet wide and the lot area for each single dwelling unit is not less than 10,000 square feet, not including any portion of any public or private highway, street, alley or required parking area, and no lot is less than 25,000 square feet in area;

2.

The height of the building shall be not more than two stories above the floor level of the lowest apartment. Such lowest apartment shall be construed to mean either that apartment, any part of which is below the lowest finished grade of the ground adjacent to the building or, if no apartment is below said finished grade, then the apartment nearest said finished grade;

3.

The maximum building height shall not exceed 30 feet above the lowest finished grade of the ground adjacent to the building;

4.

A minimum of 2½ parking spaces are provided for each single dwelling unit;

5.

The density shall be in no case more than four dwelling units per acre, not including any portion of any public or private highway, street, alley or required parking area. Where buildings containing less than four dwelling units are to be constructed, the area for each dwelling unit shall be not less than the proportion of four dwelling units per acre; and

6.

The area occupied or covered by the residential apartment building or multiple-family dwelling shall be not more than 30 percent of the total lot area, not including any portion of any public or private highway, street, alley or required parking area.

(Ord. 92-22, 8-17-1992; Ord. 97-8, 5-19-1997)

Sec. 8-3B-2. - Permitted incidental or accessory uses.

In the R-2 district, the following uses will be permitted as an incidental or accessory use:

A.

Displaying of one sign not more than six square feet in area, pertaining only to the sale, lease or identification of the premises upon which it is displayed, which may be illuminated by such lighting as shall not constitute a traffic hazard or a nuisance to neighboring property. Said sign shall not be neon, flashing, electronically or electrically moving, or physically moving (twisting, turning or waving through motorized or natural forces), nor shall any pennants or other such attention seeking devices be employed.

B.

Displaying not more than one permanent sign otherwise in accord with the requirements of section 8-5-10 of this title on the premises of any school, church, library, museum, or public use property, provided that each sign may be a freestanding sign not greater than 60 square feet in area, and six feet in height, and such freestanding sign may be erected in addition to a wall sign which otherwise meets the requirements of subsection 8-5-10.D.1 of this title.

(Ord. 97-8, 5-19-1997; Ord. 2001-2, 1-16-2001)

Sec. 8-3B-3. - Special uses.

A.

The following special uses may be allowed in the R-2 residential zoning district:

Amateur radio antenna, subject to the standards established in section 8-1-14 of this title.

Telecommunications tower, subject to the standards established in section 8-1-15 of this title.

(Ord. 2001-20, 11-5-2001; amd. Ord. 2014-4, 4-7-2014)

Sec. 8-3C-1. - Permitted principal uses.

A.

In the E-1 districts, the principal permitted use is for one single-family residence to be constructed on each lot, provided each such residence shall have a garage attached thereto, which garage shall be not less than 565 square feet in area and shall be similar to said residence in design, materials and construction, with a paved driveway from the entrance of the garage to the edge of the street; and provided, no single-family residence and attached garage shall be built on a lot unless said lot meets the lot size requirements established as follows:

1.

The lot with an area of at least four acres is not less than 250 feet in width at the building setback;

2.

The lot with an area of at least 2½ but less than four acres is not less than 200 feet in width at the building setback;

3.

The lot with an area of at least two but less than 2½ acres is not less than 165 feet in width at the building setback;

4.

The lot with an area of at least 1¼ but less than two acres is not less than 132 feet in width at the building setback;

and provided the above dimensions and areas shall not include any portion of any public or private highway, road, street or alley; and provided that the mean, median and mode lot size of the overall subdivision or development shall be not less than two acres; and provided further that any lot which has access within 100 feet of any of its boundaries to a public water or sewer system shall connect to such system or systems.

B.

No plat of subdivision or resubdivision shall be approved hereafter in the E-1 districts unless lot sizes conforming to requirements established above are created therein and such plat is, where applicable, accompanied by a registered engineer's certificate evidencing the location of public water or sewer system or systems and the capability and approval by the Illinois Environmental Protection Agency and the village board of trustees of such system or systems to provide water or sewage disposal service to the lot or lots within the plat. All lots within such plat shall be considered to have access to such system or systems if the water or sewerage line or lines is within 100 feet of any boundary of the plat.

(Ord. 92-22, 8-17-1992; Ord. 97-8, 5-19-1997)

Sec. 8-3C-2. - Permitted incidental or accessory uses.

In the E-1 districts, the permitted incidental or accessory uses shall be the same as the incidental or accessory uses permitted in the R-1 districts, section 8-3A-2 of this chapter.

(Ord. 92-22, 8-17-1992)

Sec. 8-3C-3. - Permitted additional uses.

In the E-1 districts, the permitted additional uses shall be the same as the additional uses permitted in the R-1 districts, section 8-3A-3 of this chapter.

(Ord. 92-22, 8-17-1992)

Sec. 8-3C-4. - Special uses.

A.

The following special uses may be allowed in the E-1 residential district:

Amateur radio antenna, subject to the standards established in section 8-1-14 of this title.

Telecommunications tower, subject to the standards established in section 8-1-15 of this title.

(Ord. 2001-20, 11-5-2001; amd. Ord. 2014-4, 4-7-2014)

Sec. 8-3C-5. - Prohibited uses.

In the E-1 districts, the expressly prohibited uses shall be the same as the uses expressly prohibited in the R-1 districts.

(Ord. 92-22, 8-17-1992; amd. Ord. 2001-20, 11-5-2001)

Sec. 8-3C-6. - Minimum allowable total floor area, E-1 districts.

A.

Floor areas established: Every single-family residence hereafter erected in the E-1 districts shall have not less total floor area than the following mandatory minimum, and in addition, every multiple-story and multiple-level, single-family residence shall have individual above grade floor areas or level areas conforming as closely as possible to the following recommended minimums, said floor areas to be measured from the outside of the exterior walls, including utility rooms but excluding cellars, basements, open porches, breezeways, garages and other spaces that are not constructed so as to be fit for year-round living, eating or sleeping use:

1.

One-story or ranch: 2,300 square feet mandatory minimum total.

2.

Two-story: 2,600 square feet mandatory minimum total; 1,400 square feet recommended minimum on the first floor and 1,200 square feet recommended minimum on the second floor.

3.

Three-story: 2,800 square feet mandatory minimum total; 1,300 square feet recommended minimum on the first floor, 1,100 square feet recommended minimum on the second floor, and 400 square feet recommended minimum on the third floor.

4.

Trilevel or split level: 2,300 square feet mandatory minimum total; 1,150 square feet recommended minimum on the upper level and 1,150 square feet recommended minimum on the middle or main level (the level immediately down from upper level).

5.

Bilevel or mid-entry raised ranch: 2,300 square feet mandatory minimum total on the upper or above grade level.

All mandatory minimum allowable total floor area requirements and all recommended minimum floor areas and level areas pertain to living areas that are above grade. "Grade" shall mean the elevation at the highest point of finished grade adjacent to the dwelling. No living area shall be considered in the mandatory and recommended minimums if it is partially or completely below grade.

B.

Definitions of residence classifications: The following definitions shall determine the classification of single-family residences in establishing mandatory minimum allowable total floor area requirements, and in establishing for multiple-story and multiple-level, single-family residences recommended minimums on individual above grade floor areas and level areas, as set forth herein, except that garages and entrance foyers shall not be considered in determining such classification:

Bilevel or mid-entry raised ranch: A one-story and basement residence having an entrance foyer between the two levels, with a basement that is partially below grade and partially above grade and is sometimes finished.

One-story or ranch: A one-story residence of elongated style built on a slab, crawl space, or partial or full basement.

Three-story: A residence with three stories of above grade living area built on a slab, crawl space or partial or full basement.

Trilevel or split level: A residence of three and sometimes four or more levels of living area, with the two uppermost levels above grade, and which can be distinguished by its broken wall and broken roof design.

Two-story: A residence with two stories of above grade living area built on a slab, crawl space or partial or full basement.

(Ord. 92-22, 8-17-1992; amd. Ord. 2001-20, 11-5-2001)

Sec. 8-3D-1. - Area zoned by consent decree.

The zoning district classification identified as CD refers to an area within the village boundaries which has its zoning governed by the terms of a consent decree entered by the Circuit Court of Kane County.

(Ord. 92-22, 8-17-1992)