The purpose of district regulations is to establish restrictions and permissible uses within each district, and to set specific conditions for various uses, classification of uses, or areas where problems are frequently encountered. Refer to § 156.084 for establishment and intent of each district.

(Ord. 80-0-24, passed 1-12-81)

   The regulations for each district set forth by this chapter shall be minimum regulations and shall apply uniformly to each class or kind or structure or land, except as hereinafter provided;

   (A)   No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

   (B)   No building or other structure shall be erected or altered:

      (1)   To provide for greater height or bulk;

      (2)   To accommodate or house a greater number of families;

      (3)   To occupy a greater percentage of lot area;

      (4)   To have narrower or smaller rear yards, front yards, side yards, or other open spaces; or

      (5)   To exceed housing density;

      (6)   Than herein required, or to in any other manner be contrary to the provisions of this chapter.

   (C)   No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements set forth herein.

(Ord. 80-0-24, passed 1-12-81) Penalty, see § 156.999

   (A)   District regulations shall be as follows:

 

* regulations of the underlying district apply except where provided otherwise by any part of this chapter.

For footnotes, see Division (B) hereof.

   (B)   Footnotes for Table of Area and Height Regulations.

      (1)   Exception 1: The lot area for churches, public and private schools, or any permitted institution shall be a minimum of 20,000 square feet. Exception 2: No additional lot or parcel area is required for units above or below the ground (grade) floor, except as might be required to meet the parking space requirements of § 156.158.

      (2)   On all corner lots, the side requirement next to the interior lot shall be the same as an interior lot (ten feet), however, the setback from the intersecting streets shall be 25 feet in both directions irregardless of which street the building faces. Side yard to alley shall be a minimum of 20 feet on corner lots. No accessory building on a corner lot shall project beyond the front yard required on the adjacent rear lot, nor be located nearer than ten feet to the side line of the adjacent lots.

      (3)   Where a lot is used for any of the purposes permitted in this district and is located at the intersection of two or more streets, and where a Dwelling District adjoins the rear of the lot, the side yard on the side of the lot adjacent to the street shall not be less than ten feet in width, except that the buildable width of the lot shall not be reduced to less than 20 feet. In all other cases, a side yard is not required except on the side of a lot adjoining a Dwelling District, in which case there shall be a side yard of not less than ten feet.

      (4)   There shall be a minimum side yard of not less than 15 feet on both sides of the building or buildings, but where the property is adjacent to a Dwelling District, there shall be a side yard of not less than 25 feet on the side nearest to the residential lots. The parking of private automobiles may be permitted within the side yard areas, but not closer than six feet to any lot zoned for residential use.

      (5)   A rear yard of ten feet is required from an alley, except where a lot abuts on a Dwelling District, in which case there shall be a rear yard of not less than 25 feet, and no storage of materials or equipment, or the parking of automobiles shall take place within the ten feet closest to any residential lot or lots.

      (6)   These regulations apply only to buildings and structures other than mobile homes. Mobile homes on individual lots are subject to the regulations in § 156.119. Mobile homes in mobile home parks are subject to the regulations in § 156.118.

      (7)   The rear setback in Parkview Addition and part of Parkview 2nd Addition, described as Blocks 1-6 of Parkview Addition, per Plat recorded in Book 2, Page 24, on May 13, 1959; and Lots 1 and 12 of Block 7, of Parkview 2nd Addition, per plat recorded in Book 4, Page, on October 10, 1973, at the Douglas County Recorder’s Office, Douglas County, Illinois, shall be 20 feet.

      (8)   Within Doris Subdivision, per plat recorded in the office of the Douglas County Recorder as File Number 278950 in Plat Cabinet 1-199 on July 29, 2015, the front setback shall be 20 feet, the rear setback shall be 18.75 feet and the side setbacks shall be six feet.

   (C)   Within an R-2 and D-2 District, "zero" lot line developments would be permitted, as hereinafter defined. When one or more lots are contiguously covered by one uninterrupted, continuous building, then the interior lot lines have no side setback requirements; however, the end lots of any such group of contiguous lots covered by one continuous building shall be subject to an 8-foot side setback, as required of all single family and general residential dwellings in division (A). Further, and concerning the common wall separating different individual dwelling units within a multi-family building in an R-2 and D-2 District, said common wall shall have a fire rating of not less than two hours. No breaching of the fire wall is permitted. Said two hour fire rating shall be pursuant to the National Fire Code, or the specific order and/or approval of the State Fire Marshal of the State of Illinois.

(Ord. 80-0-24, passed 1-12-81; Am. Ord. 95-0-6, passed 7-10-95; Am. Ord. 95-0-8, passed 7-24-95; Am. Ord. 2004-O-12, passed 5-24- 04; Am. Ord. 2007-O-10, passed 7-23-07; Am. Ord. 2017-O-9, passed 7-24-17)

   A residence may not be converted to accommodate an increased number of dwelling units unless:

   (A)   The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district.

   (B)   The lot area per family equals the lot area requirements for new structures in that district.

   (C)   The conversion is in compliance with all other relevant codes and ordinances.

(Ord. 80-0-24, passed 1-12-81)

   Temporary buildings, construction trailers, equipment, and materials used in conjunction with construction work may only be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed on completion of the construction work. Continuation of such structures, equipment, or materials beyond the completion date of the project shall require a special use permit.

(Ord. 80-0-24, passed 1-12-81)

   All streets, alleys, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting on such alleys, streets, or railroad rights-of-way. Where the centerline of a street or alley serves as a district boundary the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(Ord. 80-0-24, passed 1-12-81)

   In addition to all yard regulations specified in § 156.102 and in other sections of this chapter, the following provisions shall be used for interpretation and clarification.

   (A)   No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side yard, rear yard, front yard, court, or other open space required by this chapter, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court, or other open space requirement of, or for any other building.

   (B)   A terrace, not including a roofed- over porch, may occupy a front yard provided the unoccupied portion of the front yard has a depth of not less than 15 feet. A one- story bay window may project into a front yard not more than three feet. Overhanging eaves including gutters, may project over the minimum required side yard not more than 24 inches.

   (C)   The minimum yards or other open spaces, including lot areas per family required by this chapter for each and every building existing at the time of passage of this chapter, or for any building hereafter erected, shall not be considered as yard or open space requirements for any other building.

   (D)   On a corner lot the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.

   (E)   On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2-½ and ten feet above the centerline grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along the street lines 50 feet from the point of intersection.

   (F)   In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of 2-½ feet and no hedge or other vegetation shall be permitted which obstructs vision across such yard between the height of 2-½ and ten feet.

   (G)   Open structures such as porches, canopies, balconies, platforms, covered patios, and similar architectural projections shall be considered parts of the building to which they are attached, and shall not project into the required minimum front, side, or rear yard. Projections shall be subject to a special use permit.

   (H)   The height limitations contained in § 156.02 apply to all buildings and structures with the exception of roof structures, the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or protective walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, radio and television aerials or antennas, wireless mast, water tank, signs in the Highway Business District or similar structures may be erected above the height limits of the district in which it is located. No such structure may be erected to exceed by more than 25 feet the height limits of the district in which it is located, except that aerials or antennas designed to aid home television and radio reception may be erected to a height not to exceed 60 feet from the ground level provided the aerial or antenna is attached to the building or erected in the side or rear yard area.

   (I)   Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined and in no case shall there be more than one such building on one lot unless otherwise provided in this chapter.

   (J)   No building shall be constructed or erected on a lot, or parcel of land, which does not abut upon a public street or permanent easement of access to a public street, which easement shall have a minimum width of 25 feet unless an easement of lesser width was of record prior to the adoption of this code.

   (K)   The purpose of this provision is to permit the utilization of older recorded lots which lack adequate width, depth, or shape, as long as a reasonable living standard can be provided and the character of the neighborhood can be maintained. Any separate tract of land, or lot, or subdivision with a recorded date before December 31, 1953, and which is located in D-1 Single-family District, or D-2 General Residential District may be utilized, subject to the provisions and requirements for said zoning districts, with less than the setback requirements of the Table 156.102, provided the requirements for setbacks and open space are within 75% of that required by the terms of this chapter. Further, any lot of any recorded date, where 50% of the existing dwellings on one side of the street between intersecting streets have setback lines established less than the requirement of this section, ne buildings or additions need not setback more than the average of those already established, but not less than 15 feet front and rear, and six feet sides.

   (L)   No residential structure shall be erected on the rear of a lot or on a lot with another dwelling, except that in a two- story garage with living quarters upon the second floor, such quarters may be occupied by domestic employees (and his or her family) of the family occupying the main structure. There also may be constructed a guest house (without kitchen) or rooms for guests within an accessory building, provided such facilities are used for the occasional housing of guests of the occupancy by others as a housekeeping unit (unless such facilities are used for the housing of invalids or elderly relatives.)

(Ord. 80-0-24, passed 1-12-81; Am. Ord. 2002-0-13, passed 7-8-02) Penalty, see § 156.999

   Accessory structures, except as otherwise permitted in this chapter, shall be subject to the following regulations:

   (A)   Where an accessory structure is structurally attached to a main structure, it shall be subject to, and must conform to all regulations of this chapter applicable to the main structure.

   (B)   Accessory structures shall not be placed anywhere in the required front yard setback, including the front or side yards adjacent to the abutting street. An accessory structure may not be located nearer than six feet to any interior lot line and not nearer than ten feet to the rear lot line or alley right-of-way property line. Except that, any accessory structure 400 square feet or less in total area, and ten feet or less in height, may be located not less than three feet from any interior lot line, and not less than three feet from any rear lot line, and not less than ten feet from any alley right-of-way property line.

   (C)   No detached accessory structure shall be located closer than five feet to any main structure.

   (D)   An accessory structure shall not be erected prior to the establishment or construction of the principal structure for living quarters. Accessory buildings for storage of tools and construction material or as a temporary office may be constructed prior to principal buildings, provided the main building is finished in a reasonable length of time.

   (E)   No accessory use shall be established prior to the establishment of the main or principal use and no accessory structure shall be constructed, erected, altered, remodeled, or extended prior to the establishment or construction of the main or principal structure except those accessory uses and structures of a temporary nature required for the establishment of the main or principal use or for the construction of the main or principal structure.

(Ord. 80-0-24, passed 1-12-81; Am. Ord. 88-0-2, passed 1-25-88; Am. Ord. 2006-O-1, passed 1-23-06) Penalty, see § 156.999

   Nothing in this chapter shall be deemed to require any change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the adoption of this code and on which building actual construction has been diligently carried on, and provided further, that such building shall be completed within two years from the date of passage and publication of this chapter.

(Ord. 80-0-24, passed l-12-81)