A.

Minimum Lot Size. Subject to the provisions of subsection G of this section (Cluster Subdivisions) and Section 17.40.020 (Planned Unit Developments), all lots in the following zones shall have at least the amount of square footage indicated in the following table:

* 7,000 minimum square feet for 2 units or less.

** If used for residential purposes, otherwise no minimum.

B.

Residential Density.

1.

Subject to subsection (B)(2) of this section and the provisions of subsection G of this section (Cluster Subdivisions) and Section 17.36.020 (Planned Unit Developments), every lot developed for residential purposes shall have the number of square feet per dwelling unit indicated in the following table. In determining the number of dwelling units permissible on a tract of land, fractions shall be rounded to the nearest whole number.

2.

Two-family conversions, primary residences with an accessory apartment, and primary commercial uses with residential space shall be allowed only on lots having at least one hundred fifty (150) percent of the minimum square footage required for one dwelling unit on a lot in such district. With respect to multi-family conversions into three- or four-dwelling units, the minimum lot size shall be two hundred (200) percent and two hundred fifty (250) percent respectively of the minimum required for one dwelling unit. This requirement shall apply to all new permits issued after the effective date of this title.

3.

Central Business District dwelling units shall have a maximum density of one thousand five hundred square feet.

C.

Minimum Lot Widths.

1.

No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that:

a.

Could be used for purposes that are permissible in that zoning district, and

b.

Could satisfy any applicable setback requirements for that district.

2.

Without limiting the generality of the foregoing standard, the following table indicates minimum lot widths that are recommended and are deemed presumptively to satisfy the standard set forth in subsection A of this section. The lot width shall be measured along a straight line connecting the points at which a line that demarcates the required setback from the street intersects with lot boundary lines at opposite sides of the lot.

3.

No lot created after the effective date of this title that is less than the recommended width shall be entitled to a variance from any building setback requirement.

4.

Corner lots shall be sufficiently larger than interior lots to allow maintenance of building lines on both streets.

D.

Building Setback Requirements.

1.

Subject to subsection G of this section and Section 17.36.020 and the other provisions of this section, no portion of any building or any freestanding sign may be located on any lot closer to any lot line than is authorized in the table set forth in this section.

a.

As used in this section, the term "building" includes any substantial structure, which by nature of its size, scale, dimensions, bulk, or use tends to constitute a visual obstruction or generate activity similar to that usually associated with a building. Without limiting the generality of the foregoing, gas pumps and overhead canopies or roofs shall be deemed to fall within this description, except as otherwise provided in this title by language specifically addressing overhanging roofs and canopies.

b.

Notwithstanding any other provision of this title, a sign may be erected on or affixed to a structure that:

i.

Has a principal function that is something other than the support of the sign (e.g., a fence), but

ii.

Does not constitute a building as defined in this title, only if such sign is located so as to comply with the setback requirement applicable to freestanding signs in the district where the sign is located.

* Setback requirements applicable to lot lines abutting zoning district and street right-of-way boundary lines only (see Section 17.40.010(G)).

2.

Whenever a lot in a nonresidential district has a common boundary line with a lot in a residential district, and the property line setback requirement applicable to the residential lot is greater than that applicable to the nonresidential lot, then the lot in the nonresidential district shall be required to observe the property line setback requirement applicable to the adjoining residential lot.

3.

Setback distances shall be measured from the property line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.).

4.

Setback Modifications in Built-up Areas:

a.

Where forty (40) percent of the frontage on one side of the street between two intersecting streets is developed with buildings that have observed (with a variation of five feet or less) a front yard greater in depth than in this chapter required, new buildings shall not be erected closer to the street than front yard so established by the existing buildings.

b.

Where forty (40) percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings with less than the required front yard, then:

i.

Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the front corners of the adjacent buildings on the two sides.

ii.

Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

iii.

An enclosed vestibule containing not more than forty (40) square feet may project into the required front yard for a distance not to exceed four feet.

iv.

Paved terraces, patios and uncovered porches located at or below first floor level may project into the required front yard for a distance not to exceed ten (10) feet, but not less than ten (10) feet from front property line. Paved terraces, patios and uncovered porches may project into the side yard to a point three feet from the property line.

v.

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

vi.

Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot; provided, however, that the buildable width of the lot of record at the time of passage of this title need not be reduced to less than thirty-five (35) feet except where necessary to provide a yard along the side street with a depth of not less than five feet. No accessory building shall be closer to the street than the main building.

vii.

If a residential lot of record at time of passage of this title is less than width required by district in which it is located, width of side yard may be adjusted to a minimum of not less than ten (10) percent of the width of the lot, but not less than four feet.

viii.

If because of the shape of a residential lot of record at time of passage of this title, the minimum depth required for the rear yard is not practical, the depth may be adjusted to not less than twenty (20) percent of the depth of the lot.

E.

Garages and Accessory Building Setback Requirements.

1.

No garages or accessory buildings may be erected on a lot until the primary building is erected or in process of construction.

2.

No detached garages or accessory buildings are to be located in the front yard.

3.

Garages or accessory buildings located in side yards must comply with the same setback requirements as the main building.

4.

Garages and accessory buildings located in the rear yard must meet the following requirements:

a.

Minimum side yard is three feet.

b.

Eave line, including gutters, must be a minimum of two feet from any property line.

c.

Minimum rear yard is three feet, except if garage is entered directly from the alley, minimum rear yard is ten (10) feet.

d.

Eave height must be no more than ten (10) feet above finish grade or eave height of main building, whichever is less.

e.

Maximum rear yard coverage by accessory buildings shall not exceed thirty (30) percent of the area of the rear yard.

f.

Secondary buildings in residential districts shall not be considered an accessory building if they have a floor area greater than one thousand two hundred (1,200) square feet.

5.

In residential zoning districts, garages or accessory buildings in a side yard or rear yard that are constructed so as to be visible from the front property line must be:

a.

Surfaced in either vinyl, wood, composite siding, or masonry to compliment the primary building;

b.

Constructed so that the most remote wall of the garage or accessory structure is no further than forty (40) feet from the side wall of the primary building.

F.

Building Height Limitations.

1.

For purposes of this section:

a.

The height of a building shall be the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building.

b.

A point of access to a roof shall be the top of any parapet wall or the lowest point of a roof's surface, whichever is greater. Roofs with slopes greater than seventy-five (75) percent are regarded as walls.

2.

Subject to the remaining provisions of this section, building height limitations in the various zoning districts shall be as follows:

3.

Subject to subsection D. of this section, the following features are exempt from the district height limitations set forth in subsection B. of this section:

a.

Chimneys, church spires, antennas, elevator shafts, and similar structural appendages not intended as places of occupancy or storage,

b.

Flagpoles and similar devices,

c.

Heating and air conditioning equipment, solar collectors, and similar equipment, fixtures, and devices.

4.

The features listed in subsection 3. of this subsection are exempt from the height limitations set forth in subsection 2. of this subsection if they conform to the following requirements:

a.

Not more than one-third of the total roof area may be consumed by such features.

b.

The features described in subsection F.3.c. of this section must be set back from the edge of the roof a minimum distance of one foot for every foot by which such features extend above the roof surface of the principal building to which they are attached.

c.

The permit-issuing authority may authorize or require that parapet walls be constructed (up to a height not exceeding that of the features screened) to shield the features listed in subsections F.3.a. and c. from view.

5.

Notwithstanding subsection F.2. of this section, in any zoning district the vertical distance from the ground to a point of access to a roof surface of any nonresidential building or any multi-family residential building containing four or more dwelling units may not exceed thirty-five (35) feet unless the fire chief certifies to the permit-issuing authority that such building is designed to provide adequate access for firefighting personnel or the building inspector certifies that the building is otherwise designed or equipped to provide adequate protection against the dangers of fire.

6.

Towers and antennas are allowed in all zoning districts to the extent authorized in the table of permissible uses, use classification 14.800.

G.

Cluster Subdivisions.

1.

In any single-family residential subdivision in the zones indicated in this subsection, a developer may create lots that are smaller than those required by subsection A of this section, if such developer complies with the provisions of this section, and if the lots so created are not smaller than the minimums set forth in the following table:

2.

The intent of this section is to authorize the developer to decrease lot sizes and leave the land "saved" by so doing as usable open space. This situation lowers development costs and increases the open space amenities provided in the project, without increasing the density beyond what would be permissible if the land were subdivided into the size of lots required by subsection A. of this section.

3.

The use of a cluster subdivision is intended to allow for creative development and preservation of natural features, without the need for rezoning approval to a planned unit development district. As a result, planned unit developments can be reserved for those cases in which the developer wishes to provide a mix of uses, desires relief from other bulk regulations other than minimum lot size, or is willing to provide exceptional amenities in return for increased density, as provided in Section 17.36.020.

4.

The amount of usable open space that must be set aside shall be determined by subtracting from the standard square footage requirement set forth in subsection A of this section the amount of square footage of each lot that is smaller than that standard and then adding together these results for each lot.

5.

The provisions of this section may only be used if the usable open space set aside in a subdivision comprises at least ten thousand (10,000) square feet of space that satisfies the definition of usable open space set forth in Section 17.36.020 and if such usable open space is in compliance with the provisions of Chapter 15.44.

6.

The setback requirements of subsections D. and E. of this section shall apply in cluster subdivisions.

H.

Density on Lots Where Portion Dedicated to city.

1.

Subject to the other provisions of this section, if:

a.

Any portion of a tract lies within an area designated on any officially adopted city plan as part of a proposed public park, greenway or bikeway, and

b.

Before the tract is developed, the owner of the tract, with the concurrence of the city, dedicates to the city that portion of the tract so designated, then, when the remainder of the tract is developed for residential purposes, the permissible density at which the remainder may be developed shall be calculated per the provisions of this section.

2.

If the proposed use of the remainder is a single-family detached residential subdivision, then the lots in such subdivision may be reduced per the provisions of subsection G. of this section except that the developer need not set aside usable open space to the extent that an equivalent amount of land has previously been dedicated to the city per subsection H.1. of this section.

3.

If the proposed use of the remainder is a two-family or multi-family project, then the permissible density at which the remainder may be developed shall be calculated by regarding the dedicated portion of the original lot as if it were still part of the lot proposed for development.

4.

If the portion of the tract that remains after dedication as provided in subsection H.1. of this section is divided in such a way that the resultant parcels are intended for future subdivision or development, then each of the resultant parcels shall be entitled to its pro rata share of the "density bonus" provided for in subsections H.2. and 3. of this section. (Ord. 2004/05-17 § 1 (part))

(Ord. No. 2016/41, § 1, 12-13-2016; Ord. No. 2009/10-10, § 1, 7-15-09; Ord. No. 2012/13-06, § 1, 7-18-12)

The administrator, planning commission, and city council may evaluate applications for zoning permits, special permits, variances, planned unit developments, and amendments in relation to the following general development standards:

A.

Preservation of Natural and Historic Resources.

1.

The site design shall minimize disruption of existing natural features, and wherever possible incorporate them into the overall design concept.

2.

The following specific areas should be preserved as undeveloped open space or shall be mitigated:

a.

Wetlands as regulated by the army corps of engineers;

b.

Lands in a designated floodplain or floodway;

c.

Significant trees with a DBH of ten (10) inches or greater, or woodlands;

d.

Steep slopes in excess of twenty (20) percent as measured over a ten (10) foot interval, unless appropriate engineering measures are taken;

e.

Habitats of endangered wildlife as identified by the federal and/or Illinois Department of Natural Resources.

3.

Subject to the requirements of Chapter 15.44, a buffer of fifty (50) feet measured from the centerline of a watercourse or stream is required, in which no structures or buildings are permitted.

4.

The site plan should include evidence that:

a.

The natural drainage on the subject site is not diverted from existing points of exit, unless a variance is obtained according to the procedures outlined in Section 17.18.020.

b.

The rate of runoff at all points of exit shall remain consistent with previous rates at each point of exit and that the overall velocity at which runoff is discharged is not affected.

c.

Erosion control methods shall be employed during construction.

d.

Site plans should be designed to enhance historic architectural resources as identified by the national register of historic places, or local landmark designation. Owners are encouraged to allow site research for archaeological resources.

B.

Traffic and Off-street Parking.

1.

Site plans shall minimize dangerous traffic movements and congestion, while achieving efficient traffic flow and providing the minimum number of off-street parking spaces per the standards of Chapter 17.52.

2.

The number of curb cuts should be minimized and located as far as possible from intersections.

3.

In business and industrial areas adjoining arterial roads, vehicular access shall be minimized and used jointly where feasible. Site to site access shall be granted through cross-access easement agreements where feasible.

4.

Traffic studies may be required by the city. Such traffic studies should address:

a.

Projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;

b.

Projected traffic flow patterns, including vehicular movements at all major intersections likely to be affected by the proposed use of the site;

c.

Impact of traffic upon abutting roads in relation to existing road capacities; and

d.

Combined traffic impact of approved, but not yet fully developed projects within the city.

5.

Every lot shall have sufficient access for emergency vehicles.

6.

Off-street parking areas shall not be allowed to dominate the image of any development. Any parking located within a front yard shall be subject to the setbacks in Subsection 17.56.010E.

C.

Lighting.

1.

For properties containing more than four parking spaces as required by Chapter 17.52 of this title, a point-by-point photometric plan must demonstrate:

a.

Average maintained light levels in the parking lot which range between one and three foot candles, except with respect to individual retail uses over one hundred fifty thousand (150,000) square feet in area, in which the average maintained light levels in the parking lot shall range between one and four foot candles;

b.

No more than one-half foot candle beyond property lines;

c.

A ratio between the maximum to minimum light levels not to exceed eight to one, except with respect to individual retail uses over one hundred fifty thousand (150,000) square feet in area, in which said ratio shall not exceed ten (10) to one.

2.

The administrator or city council may approve higher light levels for gas stations, where public safety requires such increases. In no case may the maximum light level under the canopy exceed fifty (50) foot candles, or the average light level under the canopy exceed thirty (30) foot candles.

D.

Service/Utility Areas. All service and utility areas which include, but are not limited to, loading docks, exterior storage areas, dumpsters and mechanical equipment such as plumbing vent stacks, HVAC transformers, fans and cooling towers, should be screened from view by:

1.

Locating all service/utility areas away from public rights-of-way and concealing them from building entrances, pedestrian areas and adjacent residential structures;

2.

Providing for joint use of service areas by multiple adjoining buildings;

3.

Incorporating trash enclosures into building design;

4.

Screening utility service areas from public view with building elements/materials similar in appearance to the main structure;

5.

Providing below ground utility connections for all new developments;

6.

Locating mechanical equipment such as air conditioners/exchangers out of view from public rights-of-way and circulation paths, and away from residential living or sleeping areas;

7.

Screening rooftop mechanical equipment from view from adjoining properties by building elements such as parapet walls;

8.

Permanent or temporary exterior storage or display of inventory, business vehicles or personal vehicles is prohibited without the issuance of a permit.

E.

Public Spaces and Paths.

1.

Public spaces and paths intended for pedestrian use should be designed to incorporate natural features, building and landscape elements to create safe, comfortable and attractive environments.

2.

All areas intended for pedestrian use shall be well lit per the lighting standards in subsection C of this section.

3.

Pedestrian paths or sidewalks should be clearly distinguished from vehicular paths by landscaping, paving materials or architectural elements.

4.

All pedestrian paths shall be handicap accessible, using ramps and curb cuts conforming to state and federal ADA standards.

5.

Wherever possible, connection shall be made to walkways in adjacent developments.

F.

Residential Subdivisions.

1.

The road system shall be designed to serve the needs of the neighborhood and to discourage use by through traffic, unless there is a need for a collector street on the site. Roads should follow existing contours to minimize cut and fill.

2.

Lot lines should follow existing natural features, such as tree lines or contours.

3.

When feasible, and not in conflict with other governmental regulations, man-made, engineered structures should make use of natural materials. The use of stone or brick culverts headwalls is encouraged.

4.

Corner lots shall be sufficiently larger than interior lots to allow maintenance of building lines on both streets.

5.

All lots shall abut on a publicly dedicated street.

6.

Double frontage lots are forbidden except where topography of the land might render subdividing otherwise unreasonable, or where lots back upon a primary street (major thoroughfare), and vehicular access from the major thoroughfare is prohibited. Such lots shall have an additional depth of at least ten (10) feet in order to allow for a landscaped bufferyard.

7.

Lots abutting a watercourse, drainage way, channel or stream, shall have additional minimum width or depth as required to provide an adequate building site and afford the minimum usable area required in Section 17.40.010(A) for front, rear and side yards for the zoning district in which the lot is located.

8.

No street names may be used which will duplicate, or be confused with, the names of existing streets. Existing street names must be projected wherever possible.

G.

Streets and Accessways.

1.

All rights-of-way shall conform to the minimum dimensions of the subdivision title, as designated on the comprehensive plan for the city.

2.

All streets within the corporate limits shall be paved, bounded by integral concrete curbs and gutters, to an overall width per the requirements of the subdivision title.

3.

Construction of vehicular travel lanes, service drives, driveways or other access connections, which will permit vehicular travel on the site and to and from adjacent properties should be provided per the following:

a.

Adjacent to any major or minor arterial street a travel lane not less than twenty-four (24) feet in width shall be constructed to afford access to adjoining properties.

b.

The planning commission may waive the requirement for constructing a travel lane as is set forth in this subsection when:

i.

There is no existing or proposed vehicular travel lane abutting the subject property on either side; and

ii.

The adjoining property(s) is used or zoned for single-family detached dwellings; or

iii.

The adjoining property(s) is occupied by a use, which by its nature would suggest that there will be a limited desire for travel between such use and the one proposed.

4.

Construction of curb and gutter should be provided within all parking areas and access lands.

H.

Utilities. All utilities provided by the developer shall be installed underground provided, however, that:

1.

Equipment such as the electric distribution transformers, switchgear, meter pedestals and telephone pedestals, which are normally installed aboveground, may continue to be so installed, per accepted utility practices for underground distribution;

2.

Meters, service connections and similar equipment normally attached to the outside wall of the premises they serve may be so installed; and

3.

Temporary overhead facilities required for construction purposes shall be permitted.

I.

Landscape screening shall be provided in conformance with the requirements of Chapter 17.56.

J.

All other improvements shall be provided as required by the provisions of the Streator Municipal Code.

(Ord. 2007/08-21 (part); Ord. 2004/05-17 § 1 (part))