It is the purpose of this district to establish regulations for larger lot single-family residential areas. It is anticipated that neighborhoods in this district shall consist of very low density single family homes.

(A)

Use restrictions.

(1)

Dwelling standards:

(a)

One story—One thousand fifty (1,050) square feet.

(b)

Two story—Eight hundred fifty (850) square feet, first floor.

(c)

Height—Forty (40) feet.

(2)

Accessory buildings:

(a)

Up to four (4) car garage (this is an exception to Section 6.19 private garages).

(b)

Swimming pools.

(c)

Bath houses.

(d)

Tennis courts no closer than twenty-five (25) feet to property line.

(e)

Greenhouses, non-commercial.

(f)

Guest houses up to eight hundred and fifty (850) square feet if on two (2) acres or more.

(g)

Horses may be kept on five (5) acres or more with a limitation of three (3) horses, and stable may be no closer than two hundred (200) feet to property line. Horses are allowed only in rear yard.

(B)

Lot requirements.

(1)

Minimum lot area: Forty thousand (40,000).

(2)

Minimum lot width: One hundred (100) feet at front, lot line and two hundred (200) feet at building line.

(3)

Minimum setbacks:

(a)

Front yard. Fifty (50) feet.

(b)

Corner side yard: Fifty (50) feet.

(c)

Side yard: Thirty (30) feet.

(d)

Rear yard: Fifty (50) feet.

(e)

Maximum lot coverage: Thirty (30) percent.

(C)

Permitted uses.

(1)

Single-family detached dwellings.

(2)

Home occupations.

(3)

Small community residences, provided:

(a)

They are located not less than one thousand three hundred (1,300) feet from another small community residence.

(b)

Prior to occupancy, a certificate of zoning compliance is applied for and received.

(4)

Forest preserves.

(5)

Parks and recreational areas when publicly owned.

(6)

Short-term home rentals, when located in a single-family detached unit, subject to the requirements in Section 6.28 of this Code.

(D)

Special uses.

(1)

Golf course including driving range, bar, restaurant, meeting and banquet rooms.

(2)

Country club.

(3)

Site reclamation and clean up plan areas.

(4)

Above ground service facilities.

(E)

Site reclamation and clean up plan.

(1)

Legislative findings. The corporate authorities of the City of West Chicago find that residential real property is a valuable asset to the city and that the public health, welfare and safety is served by providing for the safe removal of industrial contamination from the surface of real property located within the corporate limits of the City of West Chicago so as to protect the citizens of the city, subsequent residential users of residential real property, surrounding properties, the public water supply, the public storm and sanitary sewer systems and public highways, and to promote, protect and preserve the value of residential properties, and such other matters as are properly within the concern of the city. Further, adequate measures must be taken for the safe provision of necessary municipal services to any such property.

(2)

Purpose and intent. It is the purpose and intent of this subsection (E) to establish regulations and requirements for the clean up of industrial contamination, as defined herein, from real property zoned E-R Estate Residential, and surrounding property, in order to restore such property to optimum future productive use and in the process thereof to fully protect the public health, welfare and safety.

(3)

Definitions.

(a)

Clean up plan: Is a plan approved by the corporate authorities of the city, together with any changes or modifications thereto which are made pursuant to the provisions of subsection (E)(7) hereunder, for the removal of industrial contamination/contaminants from property zoned E-R Estate Residential and impacted properties.

(b)

Impacted property/properties: A parcel of real property, not within a site, upon which is located industrial contamination which originated from processes or activities conducted upon a site. Impacted property may be located within or outside the corporate limits of the city.

(c)

Industrial contamination/contaminants: Any industrial waste, hazardous substances, construction waste or other material remaining on a given area as the result of industrial and/or manufacturing activities conducted thereon; provided, however, that, the movement of any such materials to an impacted property by any means, including; but not limited to, migration or deliberate relocation, shall not affect the materials' classification as industrial contamination/contaminants.

(d)

Surface site reclamation and clean up plan area (or site): An area under unified ownership or control for which the city has granted a special use permit for a site reclamation and clean up plan area and approved a clean up plan.

(4)

Site reclamation and clean up plan area; special use permit required:

(a)

No person shall engage in the movement or removal of any industrial contamination from or onto property in the E-R District without having first obtained a special use permit for a site reclamation and clean up plan area as hereinafter provided. The activities for which a special use permit for a site reclamation and clean up plan area shall be specifically required include, but are not limited to, one or more of the following activities, to be undertaken by or on behalf of the applicant pursuant to a clean up plan:

1.

Removal of a surficial industrial contamination/contaminants from the site, including, but not limited to, scrap piles, containerized materials, surface concrete, piled soil, vegetation or tailings.

2.

Characterization of subsurface materials.

3.

Boring, installation, and proper abandonment of monitoring wells.

4.

Excavation of subsurface industrial contamination/contaminants.

5.

Neutralization and/or stabilization of industrial contamination/contaminants.

6.

Removal of subsurface industrial contamination/contaminants from the site.

7.

Construction of buildings and other facilities to facilitate removal of industrial contamination/contaminants from the site.

8.

Treatment of groundwater and discharge of same on the site or off of the site.

9.

Closure, dismantling and removal of clean up equipment and facilities from the site, including rail loading facilities and spur tracks.

10.

Site restoration, including grading, covering and revegetation of the site.

11.

Demolition and removal of concrete.

12.

Relocation onto and removal from the site of industrial contamination from impacted properties as otherwise authorized pursuant to subsection (4)(b) hereof.

Each of the activities listed hereinabove shall only be undertaken in the manner and to the extent explicitly authorized in the special use permit for site reclamation and clean up plan area issued with respect to the site. No such special use permit shall authorize the filling, backfilling, or other permanent placement of any industrial contamination/contaminants on any site, or the construction or use of a physical separation facility.

(b)

No person shall move or relocate, or cause to be moved or relocated, any industrial contamination from impacted property or properties, except to an approved site, as authorized pursuant to a special use permit obtained as hereinafter provided. Any special use permit for a site, or portion thereof, permitting the movement or relocation of industrial contamination from impacted property or properties onto said site shall be subject to the following conditions and restrictions:

1.

All industrial contamination moved or relocated from the impacted properties to the site shall be located thereon and be kept in a segregated manner.

2.

Any and all identified quantities of industrial contamination moved or relocated from impacted property to the site shall be removed from the site and disposed of by shipment to a permanent disposal facility licensed or approved to accept and dispose of such materials within one hundred eighty (180) days of the movement or relocation of such identified quantities of industrial contamination onto the site; provided, however, that delay resulting from any cause beyond the control of the owner, including, but not limited to, the unavailability of a permanent disposal facility licensed to accept and dispose of such materials shall excuse performance within said 180-day period and extend the time for such removal and disposal to the earliest practicable time thereafter.

3.

The owner or owners of the site shall keep true and correct records of all movement or relocation of specifically identified quantities of industrial contamination onto the site, which records shall include, at a minimum: dates of relocation, volumes of contaminants and storage locations of contaminants relocated onto the site; volumes of contaminants and the nature of any and all authorized stabilization or neutralization of contaminants relocated onto the site; and dates of shipment and volumes of contaminants shipped to the licensed permanent disposal facility, said records to be kept in sufficient detail to demonstrate the removal of any and all identified quantities of industrial contamination from the site within one hundred eighty (180) days of the date on which the contaminants were originally moved or relocated onto the site.

4.

The records required to be kept pursuant to subsection 3. above shall be kept at the owner's offices within the city and shall be available for inspection by appropriate officers of the city or their duly designated representatives upon reasonable notice. In addition, the city may require that copies of said records, certified as to their accuracy by the keeper of said records, be periodically forwarded to the city. Records identifying individual impacted properties or their owners may be redacted before being produced for inspection or otherwise released to the city.

5.

The movement or relocation of industrial contamination from impacted properties onto the site from which such contaminants originated may be limited to a specific time period and may be further limited to a specific maximum quantity of such contaminants.

6.

The relocation of industrial contaminants from impacted properties onto the site from which such contaminants originated and the disposal of such contaminants from the site shall be undertaken pursuant to a clean up plan approved and incorporated into an ordinance granting a special use permit as herein required together with such other reasonable conditions as the corporate authorities of the city may impose therein. The clean up plan shall satisfy the requirements of subsection (E)(5) hereof as the same may be amended pursuant to the terms of subsection (E)(7) hereof.

(5)

Application for site reclamation and clean up plan area special use permit submittals. Application for a site reclamation and clean up plan area special use permit shall be made to the zoning officer, shall specify the activity or activities set forth at subsection (E)(4) hereinabove for which approval is sought, and shall contain the following information in addition to the information generally required with respect to all special uses as provided under this ordinance:

(a)

Name, address and telephone number of the owner of the site.

(b)

Name, address and telephone number of person having authority to act as agent for the owner during the clean up program, if any.

(c)

Legal description of the site.

(d)

Copies of any and all regulatory permits, including conditions attached thereto.

(e)

Each type of industrial contamination located in or on the site.

(f)

Each type of and approximate quantity of industrial contamination to be removed from the site, and to be deposited, moved or relocated onto the site for transshipment.

(g)

The technique(s) to be utilized to remove each specific type of industrial contamination from the site and to be utilized to move or relocate the specific industrial contamination onto the site from impacted properties.

(h)

A list of equipment proposed to be used during the clean up program.

(i)

A public services safety and training plan detailing the procedures to be followed to assure the safety of all persons working on the site, as well as the training and safety program to be used to protect the employees of the city and other outside agencies whose employees may have to be on the site for the purpose of making inspections, responding to medical emergencies, fires or other similar events.

(j)

Practices and methods proposed to be utilized to minimize noise, dust, air contamination, and to prevent pollution of surface and/or underground water.

(k)

Practices and methods proposed to be used to protect public utilities.

(l)

A detailed site plan, together with such number of copies as required by the zoning officer, certified by a registered land surveyor or professional engineer, drawn on sheets of paper not to exceed twenty-four (24) inches by thirty-six (36) inches, showing the following information:

(1)

A narrative description of the required clean up plan including a description of the activities to be undertaken pursuant to the clean up plan.

(2)

Boundary lines.

(3)

Easements - location, width, purpose.

(4)

Streets on or adjacent to the site, name and right-of-way width, centerline elevation, walks, culverts, etc.

(5)

Proposed location, size, shape, height, construction and use of structures, location and description of streets, sidewalks, light fixtures, fences, signs, railroad tracks, storage areas and all other uses or structures to be located on the site.

(6)

Surrounding land uses.

(7)

Legal and common description.

(8)

Date and north point for identification of individual site plans.

(9)

Reasonably specific ground elevation contour lines, location of utilities, description and location of significant natural features such as old trees, creeks, etc.

(10)

Location of any and all watercourses, lakes, ponds, springs, etc.

(11)

Location of any and all excavation sites and the depth of excavation proposed necessary to accomplish the surface clean up.

(12)

Truck routes proposed to be utilized.

(13)

Proposed hours of operation.

(14)

The site plan shall contain appendices consisting of engineering plans and specifications covering all aspects of the clean up plan.

(15)

The specific location on the site, including the specific dimensions of such location, onto which contaminants from impacted properties are to be moved or relocated prior to disposal at a licensed permanent disposal facility.

(m)

A stormwater management plan.

(n)

A reimbursement of costs agreement.

(o)

Such other items as shall be reasonably required by the zoning officer.

The reimbursement of costs agreement required at subsection (n) hereinabove shall be in a form acceptable to the corporation counsel and shall require the applicant to make reasonable provision for the reimbursement to the city of the costs and/or expenses which the city may, in its sole and exclusive discretion, incur in connection with any professional and/or technical services which the city determines to be necessary or desirable in order to process the application and monitor or inspect work performed under an approved clean up plan or under the authority of any permit referenced in the clean up plan, and in order to process applications relating to further clean up work at the site. Such services shall include, but not be limited to, attorneys, engineers, planners, architects, surveyors, court reporters, environmental, traffic, drainage or other consultants, including full and/or part time site inspection and/or testing services. The costs intended to be subject to reimbursement hereunder shall be those costs and expenses incurred by the city in processing and evaluating the application for special use permit and the clean up plan incorporated therein, the negotiation and preparation of all relevant agreements, notices, ordinances, resolutions and similar documents as well as the issuance of permits and inspection of construction or other activities undertaken pursuant to the approved clean up plan or otherwise incurred by the city in determining the applicant's satisfactory completion of an approved clean up plan.

When any professional and/or technical services contemplated herein are rendered by the city's staff, such costs shall be reimbursed at two (2) times the hourly rate at which the individual members of the city's staff are compensated. All other costs shall be reimbursed at the actual cost to the city. The city shall send the applicant monthly invoices for such fees and costs. The applicant shall reimburse the city within thirty (30) days of receipt of such invoice. Should the applicant fail to reimburse the city as provided by in the cost reimbursement agreement, then no further action shall be undertaken by the applicant pursuant to the special use permit or the clean up plan and the applicant shall be deemed to be in violation thereof.

Upon receipt of a completed application, the zoning officer shall review it and shall within thirty (30) days submit the application, together with his report and recommendations, to the plan commission.

(6)

Plan commission review. Upon receipt of the complete application, the plan commission shall hold a public hearing thereon, pursuant to notice, as generally provided under this ordinance for all special uses in the city, and forward it, with its written recommendations, to the city council within thirty (30) days of receipt. Said time period may be extended by the consent of the applicant.

(7)

City council approval. Upon receipt of the application and the plan commission's recommendation, the city council shall consider such application and either approve, approve with modifications and/or conditions, or disapprove of same within thirty (30) days of receipt. In the event that the city council does not act on any application within said thirty-day period, the application shall be deemed denied; provided, however, that said thirty-day period may be extended with the consent of the applicant. Approval of a special use permit is a condition precedent to the issuance of any city permit.

A site reclamation and clean up plan area may depart from strict conformance with the required use, height, bulk, and other regulations for the zoning district and other provisions of this ordinance and the other codes and other ordinances of the city to the extent expressly specified in the ordinance granting the special use permit for the site reclamation and clean up plan area, including, but not limited to, the construction, maintenance and use of two (2) or more principal buildings on a single zoning lot.

As a condition to the approval of any special use permit for a site reclamation and clean up plan area, the city council may stipulate such conditions and restrictions as it may deem necessary for the protection of the public health, welfare and safety, improvement of the site reclamation and clean up plan area and protection of adjacent areas. Such conditions and restrictions may be in addition to those set forth at subsection (E)(4) hereinabove. The city council may require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection with any approval will be complied with. No changes shall be made with respect to an approved special use permit, including modifications to the stipulated terms and conditions and/or the applicant's clean up plan, except as follows:

(a)

Field changes: As used herein, the term "field changes" shall be deemed to mean, refer and be limited to minor changes in an applicant's approved clean up plan in the nature of repositioning valves, reconfiguration of building supports, the replacement of approved building materials or components with other Code compliant equivalents and other similar minor changes as are typically handled as field changes in the construction industry. It is anticipated that field changes shall be limited to minor alterations or substitutions made necessary due to unanticipated conditions encountered in the field or the unavailability of specified building materials or components.

Application for approval of a field change shall be made to the city engineer and the city administrator (in the manner hereinafter set forth) who shall, in the exercise of their exclusive discretion, determine whether the proposed alteration qualifies as a field change. The decision of the city engineer and the city administrator as to whether a requested alteration qualifies as a field change hereunder shall be final. Approval of field changes shall be requested, approved and documented in the following manner:

(1)

The applicant or the applicant's duly authorized representative shall make application for each proposed field change to the city engineer. The application shall be supported by sufficient information to enable the city engineer to properly review the application. The city engineer may request that additional information and documentation be provided.

(2)

The city engineer shall note the receipt of the application for field change and shall incorporate in his field notes any explanation as to the necessity of the field change.

(3)

Should the city engineer and the city administrator determine that the proposed alteration is in the nature of a field change and, further, that the proposed field change is compatible with good engineering practice, they shall approve such application for field change, with or without modifications, by initialing their approval thereon together with the date of such approval, returning an initialed copy thereof to the applicant or applicant's designated representative. No application for approval of a field change shall be considered to have been approved unless and until a copy of the application, initialed by the city engineer and the city administrator, is returned to the applicant or the applicant's designated representative.

(4)

In the event that the city engineer and/or the city administrator, in their sole and exclusive discretion, determine that the relief requested does not qualify for treatment as a field change, or should the applicant, in consultation with the city engineer and city administrator, determine that any desired change or changes to any drawing, plan or specification comprising or constituting a part of an approved clean up plan does not qualify for treatment as a field change, then the applicant or the applicant's designated representative shall request that the proposed change or changes be classified as either minor or major changes to the approved clean up plan and make application for such relief, as appropriate, in accordance with the following procedures.

(b)

Minor changes: Minor changes to an approved clean up plan shall be deemed to be changes more substantial in nature than field changes. Minor changes may require the modification of approved drawings, plans and specifications but shall not be of such a nature as to constitute a substantive change to an approved clean up plan. A minor change shall not be deemed to have been granted or approved and no action shall be taken in furtherance thereof unless and until the city council shall have passed and the mayor shall have approved an ordinance approving the same.

(c)

Major changes: Major changes to an approved clean up plan shall be deemed to be changes more substantial in nature than the minor changes referenced in subparagraph (b) above. Major changes may not only require modification of approved drawings, plans and specifications, but are also of such a nature as to constitute a substantive change, alteration or modification in the approved clean up plan.

(d)

Procedure for minor changes: The decision as to whether a proposed formal change to a clean up plan is a minor or major change shall, in the first instance, rest in the sole and exclusive discretion of the city administrator. Should the city administrator determine that a proposed change is minor in nature, he may cause the change to be placed before the city council together with the recommendation of the city engineer, confirming that the proposed change is minor in nature and conforms to good engineering practice, and an ordinance amending the approved clean up plan to incorporate therein the recommended minor change. Should the city council concur with the city administrator that the proposed change is minor in nature, they may amend the previously approved clean up plan by passing the ordinance approving such change. Should the city council determine that the proposed change is a major, as opposed to a minor, change, the city council may require that such change be processed as a major change to the previously approved clean up plan and that the consideration of a request to approve such a major change comply with the requirements of subparagraph (e) below.

(e)

Procedure for major changes: Should the city administrator or the city council determine that any proposed change in an approved clean up plan is a major change, the applicant or applicant's designated representative shall make formal application to amend the special use permit through which the surface site reclamation and clean up plan area was originally approved and, as appropriate, shall further make formal application for the amendment of any annexation or other relevant agreement so as to make such agreement(s) consistent with the relief requested. In the case of major changes, notice shall be published, posted and otherwise given and public hearings conducted on the proposed amendment of the special use permit and annexation agreement as otherwise required by law. A major change shall not be deemed to have been granted or approved and no action shall be taken in furtherance thereof unless and until the city council shall have passed and the mayor shall have approved an ordinance providing for the amendment of the special use and the city council shall have passed and the mayor shall have approved a resolution authorizing the execution of any annexation, or other, agreement as appropriate.

(8)

Compliance with governmental regulations. Every applicant for a special use permit for a site reclamation and clean up plan area shall comply with all applicable statutes, ordinances, codes, rules and regulations of any governmental body or agency. The applicant's right to operate under the special use permit shall be contingent upon the applicant securing and complying with all other necessary approvals, permits, and/or licenses of any governmental body or agency.

(Ord. No. 2771, §§ 1, 2, 5-19-94; Ord. No. 2802, §§ 1, 2, 8-1-94; Ord. No. 2875, §§ 1—4, 4-3-95; Ord. No. 2878, § 1, 7-31-95; Ord. No. 03-O-0115, § 3, 12-15-2003; Ord. No. 05-O-0078, §§ 4, 5, 10-17-2005; Ord. No. 07-O-0024, §§ 4, 5, 3-19-2007; Ord. No. 08-O-0010, § 9, 2-18-2008; Ord. No. 21-O-0002, § 3, 3-15-2021)

It is the purpose of this district to preserve and maintain existing single-family areas of the city and permit the continued development of residential uses on large lots primarily in areas where public utilities may not be readily available at the time of annexation.

(A)

Use restrictions.

(1)

All non-single-family detached uses shall comply with required yards in the following manner:

(a)

Front and corner side yards shall be maintained for the purpose of providing site access, fire access, landscaping, and fences.

(b)

Interior side yards and rear yards shall be maintained for the purpose of providing site access, fire access, landscaping and fences.

(2)

Building bulk requirements.

(a)

Maximum height of buildings:

1.

On zoning lots of forty thousand (40,000) square feet of land area or greater, no height limitations for single-family detached dwellings.

2.

On zoning lots with less than forty thousand (40,000) square feet of land area, single-family detached dwellings shall not exceed thirty-six (36) feet in height.

(3)

Floor area ratio (F.A.R.): Does not apply to single-family residences; all other permitted or special uses shall be a maximum of 0.30.

(4)

Any non-single-family detached use may utilize up to twenty (20) percent of the interior portion of any required yard for accessory off-street parking or on-site circulation.

(5)

Only one (1) principal building may be erected on any one (1) zoning lot.

(B)

Lot and building requirements.

(1)

Minimum lot area: Forty thousand (40,000) square feet.

(2)

Minimum lot width: One hundred twenty-five (125) feet.

(3)

Minimum setbacks:

(a)

Front yard: Thirty (30) feet.

(b)

Interior side yard: Ten (10) feet.

(c)

Corner side yard: Thirty (30) feet.

(d)

Rear yard: Twenty-five (25) feet.

(e)

If an attached garage is provided, both interior side yards shall be not less than ten (10) percent of the lot width or ten (10) feet whichever is less, provided no interior side yard shall be less than four (4) feet. If no attached garage is provided, one interior side yard shall be not less than ten (10) feet at any point between the principal building and the lot line, and not less than ten (10) percent of the lot width or ten (10) feet whichever is less at any point between detached accessory buildings and the lot line, while the other interior side yard shall be not less than ten (10) percent of the lot width or ten (10) feet whichever is less, provided such side yard shall not be less than four (4) feet.

(f)

On corner lots the interior side yard may be ten (10) percent of the lot width or ten (10) feet whichever is less, provided such side yard shall not be less than four (4) feet.

(g)

A corner lot existing on the effective date of this ordinance with a lot width less than seventy-five (75) feet shall have a twenty-foot setback on the corner side yard.

(C)

Permitted uses.

(1)

Single-family detached dwellings.

(2)

Day care homes where the provider lives in the house, which receive no more than eight (8) children under the age of twelve (12) (including the provider's own children) and which do not have any employees which do not reside in the house.

(3)

Accessory buildings, structures and uses, which comply with the minimum building setbacks shall be permitted as follows:

(a)

Except by variance or special use, detached garages, carports, stables or other accessory buildings or structures shall not exceed the maximum amount of floor area as hereinafter set forth:

1.

On lots containing forty thousand (40,000) square feet or less of lot area, accessory buildings and structures shall contain not more than six hundred fifty (650) square feet of floor area.

2.

On lots containing more than forty thousand (40,000) square feet of lot area the permissible area for accessory buildings and structures shall be based on a floor area ratio (F.A.R.) of 0.01625 but shall, in no case, exceed two thousand six hundred (2,600) square feet of floor area.

3.

If the principal building is constructed without an attached garage, an additional two hundred (200) square feet of gross floor area may be added to the accessory building or structures permitted herein.

4.

In addition to (3) above, if horses are maintained, two hundred seventy-five (275) square feet of stable space shall be permitted for each permitted horse. Regardless of the number of horses maintained on any zoning lot, at least five hundred fifty (550) square feet of stable space shall be permitted.

(b)

Roadside stands where all the farm products are grown or raised on said zoning lot.

(c)

Private stables for the keeping of horses are permitted subject to the following conditions:

1.

That the total number of horses permitted on any given lot shall be determined by use of the following formula:

One (1) horse for the first forty thousand (40,000) square feet of land area, and one (1) additional horse for each additional twenty thousand (20,000) square feet of land area.

2.

Stables shall be located not less than one hundred fifty (150) feet from the front lot line and not less than thirty (30) feet from any side or rear lot line.

(d)

Any 4-H Project may be permitted on a zoning lot containing not less than forty thousand (40,000) square feet of land area. All buildings for the 4-H Project shall be set back not less than one hundred fifty (150) feet from the front lot line and not less than thirty (30) feet from any side or rear lot line.

(e)

Noncommercial radio and television towers and antennas, including the structure thereto, shall be permitted subject to the following conditions:

1.

Shall comply with applicable Federal Communications Commission (F.C.C.) height restrictions, if any.

2.

No portion of any tower, antenna or support wires may be located within any required yard or closer than ten (10) feet to any lot line, whichever is greater.

3.

All yards shall be increased by one (1) foot for each additional two (2) feet by which the tower or antenna height exceeds thirty (30) feet in height.

4.

In no event shall the tower or antenna exceed one hundred (100) feet in height except by variance.

(f)

Home occupations.

(g)

The storage of household equipment in an enclosed structure.

(h)

Non-commercial greenhouses.

(i)

Compost piles or structures.

(4)

Intentionally deleted, reserved.

(5)

Small community residences.

(6)

Public land, where land is permanently retained as open space in its natural state.

(7)

Short-term home rentals, when located in a single-family detached unit, subject to the requirements in Section 6.28 of this Code.

(D)

Special uses.

(1)

Bed and breakfast establishments.

(2)

Detached accessory buildings or structures having a gross floor area exceeding the maximum accessory building floor area permitted in the ER-2 District.

(3)

Golf course.

(4)

Greenhouse and nurseries for wholesale and/or retail sales of plant materials and crops, at least fifty (50) percent of which are grown on the zoning lot.

(5)

More than four (4) pets over four (4) months of age.

(6)

Noncommercial radio and television towers and antennas, which exceed the maximum height permitted in the ER-2 District.

(7)

Planned unit developments.

(8)

Private clubs, lodges and fraternal organizations.

(9)

Public and private libraries, museums and art galleries.

(10)

Public and private parks, playgrounds, picnic groves, play fields and other open spaces.

(11)

Stables, non-private, and riding academies.

(12)

Residential care uses:

(a)

Day care centers.

(b)

Day care centers, adult.

(c)

Day care homes which receive from nine (9) to twelve (12) children under the age of twelve (12) (including the provider's own children) or which have one (1) or more employees which do not reside in the house.

(d)

Group day care homes.

(13)

Roadside stands where less than one hundred (100) percent of the farm products are grown or raised on said lot.

(14)

Separate living quarters for domestic servants employed on the premises.

(15)

Above ground service facilities.

(E)

Additional conditions. In addition to other sections of this code, the following regulations shall apply within the ER-2 Residential Zoning District.

(1)

Any motor vehicle stored on the lot, which is inoperable, shall be stored within a completely enclosed structure or may be stored in the open provided it is within the buildable area of the lot behind the rear wall of the principal structure, and then only for a period not to exceed six (6) months. Exception: An inoperable vehicle used for decorative purposes as a lawn feature, such as an antique tractor, may be stored in the open if properly maintained.

(2)

Only personal motor vehicles owned by a resident of the lot may be displayed for sale and then only on the driveway.

(3)

Recreational vehicles owned by the occupant may be parked or stored on single family zoning lots in accordance with the follow requirements:

(a)

All recreational vehicles shall be parked or stored within completely enclosed buildings or in the open within the buildable area of the lot.

(b)

On residential zoned properties all recreational vehicles and garden and utility trailers shall be located, stored or parked behind the front wall of the principle building, which is nearest to the front lot line. In no instance shall a recreational vehicle and/or garden or a utility trailer be parked or stored within the front and side yard setback requirements of the district. Utility trailers shall have either a TA or a TB license plate.

(c)

No more than one (1) recreational vehicle shall be parked or stored on a lot except for lots over forty-thousand (40,000) square feet in size, where an area not to exceed five hundred (500) square feet of the gross lot area, may be used for the parking or storage of recreational vehicles in the open. No recreational vehicle shall exceed a height of fifteen (15) feet.

(Ord. No. 05-O-0078, § 6, 10-17-2005; Ord. No. 07-O-0024, §§ 6, 7, 3-19-2007; Ord. No. 21-O-0002, § 3, 3-15-2021)

It is the purpose of this district to establish regulations for a larger lot single-family residential neighborhood. It is anticipated that neighborhoods in this district shall consist of low density areas consisting of single-family detached dwellings.

(A)

Dwelling standards:

(1)

Every one (1) story dwelling hereafter erected shall have a total ground floor area of not less than one thousand six hundred (1,600) square feet 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 used frequently or during extended periods for living, eating or sleeping purposes.

(2)

Every dwelling of more than one (1) story hereafter erected shall have a floor area, measured from the outside of the exterior walls of not less than one thousand one hundred fifty (1,150) square feet on the first floor including utility rooms but excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes.

(B)

Building allowance: In the R-1 Single-Family Residence District only one (1) principal building shall be erected on any one (1) lot.

(C)

Accessory buildings:

(1)

Height. No accessory building shall exceed fifteen feet six inches (15'6") in height.

(2)

Location. No part of an accessory building shall be located closer than fifteen (15) feet to the side lot line. No part of an accessory building shall be located closer than five (5) feet to the rear lot line. No detached accessory building shall be closer than ten (10) feet to the principal building.

(3)

Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

(4)

Use of accessory building. Use of any accessory structure as a dwelling is strictly prohibited.

(5)

Yard coverage. Accessory uses, including patios/decks, shall not cover more than thirty (30) percent of the required rear yard.

(6)

Satellite receiving dishes. Are allowable as an accessory use provided they comply with all accessory building requirements.

(Ord. No. 03-O-0115, § 4, 12-15-2003; Ord. No. 04-O-0074, § 6, 7-19-2004; Ord. No. 08-O-0081, § 1, 3-16-2009)

(A)

Minimum lot area: Twenty thousand (20,000) square feet.

(B)

Minimum lot width: One hundred (100) feet at the established building line.

(C)

Minimum setbacks:

(1)

Front yard: Thirty-five (35) feet.

(2)

Corner side yard: Thirty-five (35) feet.

(3)

Side yards: Fifteen (15) feet.

(4)

Rear yard: Forty (40) feet.

(5)

Maximum structure height: Thirty (30) feet.

(6)

Maximum lot coverage: Thirty (30) percent.

(A)

Single-family detached dwellings.

(B)

Parks and recreational areas when publicly owned.

(C)

Home occupations.

(D)

Small community residences, provided:

(1)

They are located not less than one thousand three hundred (1,300) feet from another small community residence

(2)

Prior to occupancy, a certificate of zoning compliance is applied for and received.

(E)

Short-term home rentals, when located in a single-family detached unit, subject to the requirements in Section 6.28 of this Code.

(Ord. No. 21-O-0002, § 3, 3-15-2021)

(A)

Public or private schools, elementary, high, junior college or university, including playgrounds and athletic fields auxiliary thereto.

(B)

Churches, chapels, temples, synagogues.

(C)

Convents, monastery and religious retreats.

(D)

Country club including accessory uses such as driving ranges, bar, restaurants, meeting and banquet rooms.

(E)

Golf courses including accessory uses such as driving ranges, bar, restaurants, meeting and banquet rooms. This does not include miniature golf courses, pitch and putt and non-golf course golf driving ranges.

(F)

Public library/museums.

(G)

Cemeteries.

(H)

Hospitals and nursing homes.

(I)

Intentionally deleted, reserved.

(J)

Above ground service facilities.

(Ord. No. 2733, § 10, 4-4-94; Ord. No. 01-O-0118, § 7, 1-7-2002; Ord. No. 07-O-0024, § 8, 3-19-2007)

The Elm Road Overlay District is intended to help preserve the residential character and enhance the property values within this stand-alone single family residential neighborhood along Elm Road, which at the time of the adoption of these regulations, is completely surrounded on all sides by non-residential uses and zonings. The defining elements of this district generally include:

(1)

Large lot sizes (at least one-half (½) acre or greater in area);

(2)

A lack of public improvements such as curb and gutters, sidewalks, street lights, and direct access to municipal water and sanitary sewer services; and

(3)

A more rural setting with several properties having gravel driveways, barns, stables and other large accessory structures.

It is also intended to encourage new construction, additions, or alterations to the existing single family dwellings that will promote the well-being of the neighborhood and that will be comparable with the bulk, scale, setbacks, and uses of the city's other R-1 zoned residential developments.

These overlay district provisions apply only to the underlying properties along Elm Road identified by the Elm Road Overlay District's boundaries. Where these requirements conflict with the underlying R-1 zoning district regulations or any other provisions of this ordinance, the requirements of the more restrictive provisions shall apply.

(Ord. No. 14-O-0008, § 1, 3-17-2014)

(A)

Private stables or barns used for the shelter and care of equine. Said structures shall be located no closer than fifty (50) feet to any property line and shall be located only in the actual rear yard. One (1) horse shall be permitted for every twenty thousand (20,000) square feet of zoning lot area.

(Ord. No. 14-O-0008, § 1, 3-17-2014)

(A)

Minimum lot width: Eighty-four (84) feet, measured at the front yard building setback line.

(B)

Minimum front yard setback: Twenty-five (25) feet.

(Ord. No. 14-O-0008, § 1, 3-17-2014)

It is the purpose of this district to establish regulations for single-family residential neighborhoods. It is anticipated that neighborhoods in this district shall consist of low density areas consisting of single-family detached dwellings.

(A)

Dwelling standards:

(1)

Every one (1) story dwelling hereafter erected shall have a total ground floor area of not less than one thousand four hundred fifty (1,450) square feet 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 used frequently or during extended periods for living, eating or sleeping purposes.

(2)

Every dwelling of more than one-story hereafter erected shall have a floor area measured from the outside of the exterior walls of not less than one thousand fifty (1,050) square feet on the first floor including utility rooms but excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes.

(B)

Building allowance: In the R-2 Single-Family District only one (1) principal building shall be erected on any one (1) lot.

(C)

Accessory buildings:

(1)

Height. No accessory building shall exceed fifteen feet six inches (15'6") in height.

(2)

Location. No part of an accessory building shall be located within the required side yard. No part of an accessory building shall be located closer than five (5) feet to the rear lot line. No detached accessory building shall be closer than ten (10) feet to the principal building.

(3)

Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

(4)

Use of accessory building. Use of any accessory structure as a dwelling is strictly prohibited.

(5)

Yard coverage. Accessory uses, including patios/decks, shall not cover more than thirty (30) percent of the required rear yard.

(6)

Satellite receiving dishes. Are allowable as an accessory use provided they comply with all accessory building requirements.

(7)

Private stables for the keeping of horses are permitted subject to the following conditions:

That the total number of horses permitted on any given lot shall be determined by use of the following formula:

a.

One (1) horse for the first forty thousand (40,000) square feet of land area, and one (1) additional horse for each additional twenty thousand (20,000) square feet of land area.

b.

Stables shall be located not less than one hundred fifty (150) feet from the front lot line and not less than thirty (30) feet from any side or rear lot lines.

(Ord. No. 03-O-0115, § 4, 12-15-2003; Ord. No. 04-O-0074, § 6, 7-19-2004; Ord. No. 05-O-0078, § 7, 10-17-2005; Ord. No. 08-O-0081, § 1, 3-16-2009)

(A)

Minimum lot area: Twelve thousand (12,000) square feet.

(B)

Minimum lot width: Seventy-five (75) feet at the building line.

(C)

Minimum setbacks:

(1)

Front yard: Thirty (30) feet.

(2)

Corner side yard: Thirty (30) feet.

(3)

Side yards: Ten (10) percent of the lot width at the building line.

(4)

Rear yard: Thirty (30) feet.

(5)

Maximum structure height: Thirty-six (36) feet.

(6)

Maximum lot coverage: Thirty (30) percent.

(Ord. No. 05-O-0078, § 8, 10-17-2005)

(A)

Single-family detached dwellings.

(B)

Parks and recreational areas when publicly owned.

(C)

Home occupations.

(D)

Small community residences.

(1)

They are located not less than one thousand three hundred (1,300) feet from another small community residence.

(2)

Prior to occupancy, a certificate of zoning compliance is applied for and received.

(E)

Short-term home rentals, when located in a single-family detached unit, subject to the requirements in Section 6.28 of this Code.

(Ord. No. 21-O-0002, § 3, 3-15-2021)

(A)

Public or private schools, elementary, high, junior college or university including playgrounds and athletic fields auxiliary thereto.

(B)

Churches, chapels, temples, synagogues.

(C)

Convents, monastery and religious retreats.

(D)

Golf courses including accessory uses such as driving ranges, bars, restaurants, meeting and banquet rooms. This does not include miniature golf courses, pitch and putt.

(E)

Public library/museums.

(F)

Cemeteries.

(G)

Hospitals and nursing homes.

(H)

Intentionally deleted, reserved.

(I)

Above ground service facilities.

(J)

Golf driving range.

(Ord. No. 2733, § 11, 4-4-94; Ord. No. 01-O-0118, § 8, 1-7-2002; Ord. No. 07-O-0024, § 9, 3-19-2007)

It is the purpose of this district to establish regulations for single-family dwellings. It is anticipated that neighborhoods in this district shall consist of single-family detached dwellings in the established parts of the city.

(A)

Dwelling standards:

(1)

Every one-story dwelling hereafter erected shall have a total ground floor area of not less than one thousand three hundred (1,300) square feet 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 used frequently or during extended periods for living, eating or sleeping purposes.

(2)

Every dwelling of more than one-story hereafter erected shall have a floor area measured from the outside of the exterior walls of not less than nine hundred fifty (950) square feet on the first floor including utility rooms but excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes.

(B)

Building allowance: In the R-3 Single-Family Residence District only one (1) principal building shall be erected on any one (1) lot.

(C)

Accessory buildings:

(1)

Height. No accessory building shall exceed fifteen feet six inches (15'6") in height.

(2)

Location. No part of an accessory building shall be located within the required side yard. No part of an accessory building shall be located closer than five (5) feet to the rear lot line. No detached accessory building shall be closer than ten (10) feet to the principal building.

(3)

Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

(4)

Use of accessory building. Use of any accessory structure as a dwelling is strictly prohibited.

(5)

Yard coverage. Accessory uses, including patios/decks, shall not cover more than thirty (30) percent of the required rear yard.

(6)

Satellite receiving dishes. Are allowable as an accessory use provided they comply with all accessory building requirements.

(Ord. No. 03-O-0115, § 4, 12-15-2003; Ord. No. 04-O-0074, § 6, 7-19-2004; Ord. No. 08-O-0081, § 1, 3-16-2009)

(A)

Minimum lot area: Nine thousand (9,000) square feet.

(B)

Minimum lot width: Seventy-five (75) feet at the building line.

(C)

Minimum setbacks:

(1)

Front yard. Thirty (30) feet.

(2)

Corner side yard. Thirty (30) feet.

(3)

Side yards. Ten (10) percent of lot width at building line.

(4)

Rear yard. Thirty (30) feet.

(5)

Maximum structure height. Thirty (30) feet.

(6)

Maximum lot coverage. Forty (40) percent.

(Ord. No. 03-O-0039, § 2, 5-19-2003)

(A)

Single-family detached dwellings.

(B)

Parks and recreational areas when publicly owned.

(C)

Home occupations.

(D)

Small community residences, provided:

(1)

They are located not less than one thousand three hundred (1,300) feet from another small community residence.

(2)

Prior to occupancy, a certificate of zoning compliance is applied for and received.

(E)

Short-term home rentals, when located in a single-family detached unit, subject to the requirements in Section 6.28 of this Code.

(Ord. No. 21-O-0002, § 3, 3-15-2021)

(A)

Public or private schools, elementary, high, junior college or university including playgrounds and athletic fields auxiliary thereto.

(B)

Churches, chapels, temples, synagogues.

(C)

Convents, monastery and religious retreats.

(D)

Golf courses including accessory uses such as driving ranges, bars, restaurants, meeting and banquet rooms. This does not include miniature golf courses, pitch and putt and non-golf course golf driving range.

(E)

Public library/museum.

(F)

Cemeteries.

(G)

Hospitals and nursing homes.

(H)

Planned unit developments.

(I)

Above ground service facilities.

(Ord. No. 2733, § 12, 4-4-94; Ord. No. 07-O-0024, § 9, 3-19-2007)

It is the purpose of this district to establish regulations for single-family dwellings. It is anticipated that neighborhoods [in] this district shall consist of single-family detached dwellings. This district is to be used in areas not suitable for a larger lot subdivision.

(A)

Dwelling standards:

(1)

Every one (1) story dwelling hereafter erected shall have a total ground floor area of not less than one thousand one hundred fifty (1,150) square feet 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 used frequently or during extended periods for living, eating or sleeping purposes.

(2)

Every dwelling of more than one (1) story hereafter erected shall have a floor area measured from the south side of the exterior walls of not less than eight hundred fifty (850) square feet on the first floor including utility rooms but excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes.

(B)

Building allowance: In the R-4 Single-Family Residence District only one (1) principal building shall be erected on any one (1) lot.

(C)

Accessory buildings:

(1)

Height. No accessory building shall exceed fifteen feet six inches (15′6″) in height.

(2)

Location. No part of any accessory building shall be located within the required side yard. No part of an accessory building shall be located closer than five (5) feet to the rear lot line. No detached accessory building shall be closer than ten (10) feet to the principal building.

(3)

Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

(4)

Use of accessory building. Use of any accessory structure as a dwelling is strictly prohibited.

(5)

Yard coverage. Accessory uses, including patios/decks, shall not cover more than thirty (30) percent of the required rear yard.

(6)

Satellite receiving dishes. Are allowable as an accessory use provided they comply with all accessory building requirements.

(Ord. No. 03-O-0115, § 4, 12-15-2003; Ord. No. 04-O-0074, § 6, 7-19-2004; Ord. No. 08-O-0081, § 1, 3-16-2009)

(A)

Minimum lot area: ;hg;Seven thousand eight hundred (7,800) square feet for interior lots.
Eight thousand five hundred eighty (8,580) square feet for corner lots.

(B)

Minimum lot width: Sixty-five (65) feet at the building line.

(C)

Minimum setbacks:

(1)

Front yard. Twenty-five (25) feet.

(2)

Corner side yard. Twenty-five (25) feet.

(3)

Side yards. Ten (10) percent of lot width at building line.

(4)

Rear yard. Thirty (30) feet.

(5)

Maximum structure height. Thirty (30) feet.

(6)

Maximum lot coverage. Forty (40) percent.

(A)

Single-family detached dwellings.

(B)

Parks and recreational areas when publicly owned.

(C)

Home occupations.

(D)

Small community residences, provided:

(1)

They are located not less than one thousand three hundred (1,300) feet from another small community residence.

(2)

Prior to occupancy, a certificate of zoning compliance is applied for and received.

(E)

Short-term home rentals, when located in a single-family detached unit, subject to the requirements in Section 6.28 of this Code.

(Ord. No. 21-O-0002, § 3, 3-15-2021)

(A)

Public or private schools, elementary, high, junior college or university including playgrounds and athletic fields auxiliary thereto.

(B)

Churches, chapels, temples, synagogues.

(C)

Convents, monastery and religious retreats.

(D)

Golf courses including accessory uses such as driving does not include miniature golf courses, pitch and putt and non-golf course driving range.

(E)

Public library/museum.

(F)

Cemeteries.

(G)

Hospitals and nursing homes.

(H)

Intentionally deleted, reserved.

(I)

Above ground service facilities.

(Ord. No. 2733, § 13, 4-4-94; Ord. No. 01-O-0118, § 9, 1-7-2002; Ord. No. 07-O-0024, § 9, 3-19-2007)

It is the purpose of this district to establish regulations for single-family dwellings in established neighborhoods. It is anticipated that neighborhoods in this district shall consist of single-family detached dwellings in the established parts of the city. It is not anticipated that this will apply to newly developed areas.

(A)

Dwelling standards:

(1)

Every one (1) story dwelling hereafter erected shall have a total ground floor area of not less than one thousand (1,000) square feet 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 used frequently or during extended periods for living, eating or sleeping purposes.

(2)

Every dwelling of more than one (1) story hereafter erected shall have a floor area measured from the outside of the exterior walls of not less than seven hundred fifty (750) square feet on the first floor including utility rooms but excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes.

(B)

Building allowance: In the R-5 single family residence district, only one (1) principal building shall be erected on any one (1) lot, except for principal buildings related to public or private schools, elementary, high, junior college or university, places of assembly and houses of worship.

(C)

Accessory buildings:

(1)

Height. No accessory building shall exceed fifteen feet six inches (15′6″) in height.

(2)

Location. No part of an accessory building shall be located closer than three (3) feet to the side lot line. No part of an accessory building shall be located closer than five (5) feet to the rear lot line. No detached accessory building shall be closer than ten (10) feet to the principal building.

(3)

Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

(4)

Use of accessory building. Use of any accessory structure as a dwelling is strictly prohibited.

(5)

Yard coverage. Accessory uses, including patios/decks, shall not cover more than forty (40) percent of the actual rear yard.

(6)

Satellite receiving dishes. Are allowable as an accessory use provided they comply with all accessory building requirements.

(Ord. No. 2733, § 14, 4-4-94; Ord. No. 01-O-0118, § 11, 1-7-2002; Ord. No. 03-O-0115, § 4, 12-15-2003; Ord. No. 04-O-0074, § 7, 7-19-2004; Ord. No. 08-O-0081, § 1, 3-16-2009; Ord. No. 11-O-0053, § 1, 9-19-2011

(A)

Minimum lot area: Six thousand five hundred (6,500) square feet.

(B)

Minimum lot width: Fifty (50) feet at the building line.

(C)

Minimum setbacks:

(1)

Front yard. Twenty-five (25) feet.

(2)

Corner side yard. Fifteen (15) feet.

(3)

Side yards. Ten (10) percent of lot width at building line.

(4)

Rear yard. Thirty (30) feet.

(5)

Maximum structure height. Thirty (30) feet.

(6)

Maximum lot coverage. Forty (40) percent.

(D)

Infill lots. If buildings along the frontage of any street between two (2) intersecting streets in any R-5 Single-Family Residence District have observed an average setback which is greater or lessor in dimension than the minimum front yard or setback established for the district in which the street frontage is located than the set back shall be the average setback of the two (2) immediately adjoining lots. This section shall apply to required front yards for interior lots and required front yards and required corner side yards for corner lots.

(Ord. No. 2733, § 15, 4-4-94; Ord. No. 03-O-0040, § 8, 6-16-2003)

(A)

Single-family detached dwellings.

(B)

Parks and recreational areas when publicly owned.

(C)

Home occupations.

(D)

Small community residences, provided:

(1)

They are located not less than one thousand three hundred (1,300) feet from another small community residence.

(2)

Prior to occupancy, a certificate of zoning compliance is applied for and received.

(E)

Government facilities.

(F)

Short-term home rentals, when located in a single-family detached unit, subject to the requirements in Section 6.28 of this Code.

(Ord. No. 08-O-0010, § 10, 2-18-2008; Ord. No. 21-O-0002, § 3, 3-15-2021)

(A)

Public or private schools, elementary, high, junior college or university including playgrounds and athletic fields auxiliary thereto.

(B)

Houses of worship.

(C)

Convents, monastery and religious retreats.

(D)

Golf courses including accessory uses such as driving ranges, bars, restaurants, meeting and banquet rooms. This does not include miniature golf courses, pitch and putt and non-golf course golf driving range.

(E)

Public library/museum.

(F)

Cemeteries.

(G)

Hospitals and nursing homes.

(H)

Parking lots for public or private schools, elementary, high, junior college or university, places of assembly and houses of worship.

(I)

Intentionally deleted, reserved.

(J)

Municipal uses and offices for professionals such as physicians, dentists, attorneys-at-law, architects, engineers, musicians, artists, teachers, accountants, photographers, real estate agents, insurance agents, public stenographers, brokers, business consultants and other professional offices as determined by the zoning board or appeals/plan commission if they meet the following criteria:

(1)

Must provide paved parking area which is approved by the city council; and,

(2)

There shall be no parking in required front yard; and,

(3)

Signage must be approved by the city council.

(K)

Above ground service facilities.

(Ord. No. 2698, § 1, 2-7-94; Ord. No. 2733, § 16, 4-4-94; Ord. No. 01-O-0118, § 10, 1-7-2002; Ord. No. 02-O-0084, § 4, 6-17-2002; Ord. No. 03-O-0018, § 1, 3-17-2003; Ord. No. 03-O-0040, § 9, 6-16-2003; Ord. No. 07-O-0024, § 10, 3-19-2007)

It is the purpose of this district to encourage the creation and maintenance of a stable and enduring multiple-residence environment. To do this, limitations are imposed on the use, character and density or development of land so as to take advantage of, or to avoid conflict with, natural topography, existing development, arrangement and location of existing or planned community facilities and the social needs of the city. This district may also be utilized for the appropriate use of redevelopment areas.

(A)

Dwelling standards:

(1)

Any single-family structure shall have a total ground floor area of not less than seven hundred fifty (750) square feet 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 used frequently or during extended periods for living, eating or sleeping purposes.

(2)

Two-family dwelling structures shall have a total floor area of not less than seven hundred (700) square feet for each dwelling unit measured from the outside walls including utility rooms but excluding all other areas not used for living, eating or sleeping purposes.

(3)

Multiple-family dwelling structures shall have a total floor area of not less than six hundred fifty (650) square feet for each dwelling unit measured from the outside walls including utility rooms but excluding all other areas not used for living, eating or sleeping purposes.

(4)

Independent senior housing dwelling units shall have a minimum total floor area per dwelling unit of not less than:

a.

Studio units: Four hundred (400) square feet/dwelling unit

b.

One (1) bedroom units: Five hundred seventy-five (575) square feet/dwelling unit

c.

Two (2) bedroom units: Seven hundred eighty (780) square feet/dwelling unit

Assisted/supportive housing dwelling units shall have a minimum total floor area per dwelling unit of not less than:

a.

Studio units: Three hundred fifty (350) square feet/dwelling unit

b.

One (1) bedroom units: Four hundred seventy-five (475) square feet/dwelling unit

c.

Two (2) bedroom units: Six hundred fifty (650) square feet/dwelling unit

For the purposes this subsection, assisted/supportive living facilities shall have common areas totaling not less than forty (40) percent of its building area.

(B)

Accessory uses:

(1)

Height. No accessory use shall be higher than fifteen feet six inches (15′6″).

(2)

Setbacks. No accessory use shall be located within the front yard area. No part of an accessory building shall be located in any part of the side yard.

(3)

Yard coverage. Accessory uses shall not cover more than thirty (30) percent of the rear yard.

(4)

Use as dwelling. Use of any accessory structure as a dwelling is strictly prohibited.

(5)

Satellite receiving dishes. Are allowable as an accessory use provided they comply with all accessory building requirements.

(C)

Only one (1) principal building may be erected on any one (1) lot.

(Ord. No. 2733, § 17, 4-4-94; Ord. No. 4408, § 2, 4-16-2001)

(A)

Lot size. Every detached dwelling hereafter erected shall be located on a lot having the following minimum area requirements:

(1)

Single-family dwellings—Nine thousand (9,000) square feet.

(2)

Two-family dwellings—Six thousand (6,000) square feet.

(3)

Multi-family—Two thousand (2,000) square feet (per dwelling unit).

(4)

Senior housing—Two thousand (2,000) square feet (per dwelling unit).

(B)

Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained:

(1)

Front yard. On every zoning lot a front yard shall be provided of not less than twenty-five (25) feet. For buildings exceeding twenty-five (25) feet in height, the minimum front yard shall be increased by one (1) foot for each two (2) feet or fraction thereof by which the building height exceeds twenty-five (25) feet.

(2)

Side yard. For every single family, two-family and multiple-family dwelling units, the side yard on each side of the main building shall be a minimum of ten (10) feet in width plus an additional two (2) feet in width for each additional story above two (2) stories in height. On corner lots there shall be maintained a side yard of not less than fifteen (15) feet on the side adjacent to the street.

In case of a reversed corner lot, there shall be maintained a setback from the side street of not less than fifty (50) percent of the front yard required on the lots in rear of such corner lots, but such setback need not exceed fifteen (15) feet. No accessory building on such reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear nor be located nearer than five (5) feet to the side lot line of such adjacent lots.

On a lot improved with a nonresidential building there shall be a side yard of not less than twelve (12) feet on each side of the main building and combined total of side yards of not less than thirty (30) feet.

(3)

Rear yard. On every zoning lot a rear yard shall be provided of not less than thirty (30) feet in depth.

(C)

Reserved.

(D)

Lot coverage. Not more than sixty (60) percent of the area of a lot may be covered by building and structure including accessory buildings.

(E)

Height limitations maximum height of seventy-five (75) feet.

(Ord. No. 4408, § 3, 4-16-2001; Ord. No. 24-O-0034 § 1, 9-16-2024)

(A)

Single-family residence dwellings.

(B)

Multiple-family dwellings.

(C)

Condominiums.

(D)

Apartments.

(E)

Parks and recreational areas when publicly owned and operated.

(F)

Small community residences, provided:

(1)

They are located not less than one thousand three hundred (1,300) feet from another small community residence.

(2)

Prior to occupancy, a certificate of zoning compliance is applied for and received.

(G)

Large community residences subject to the following conditions:

(1)

No such residence shall be located less than six hundred (600) feet from a small or large community residence; provided however, that this spacing requirement may be waived by the city council if they find that the cumulative effect of such use would not alter the residential character of the neighborhood setting, and by its operation would not create an adverse effect on surrounding properties.

(2)

Prior to admitting residents, the operator of such residence shall demonstrate that the dwelling will comply with all applicable licensing and code standards.

(3)

Applicant shall submit a statement of the exact nature of the residence, the qualifications of the agency that will operate the residence, the number and type of personnel who will be employed, and the number and nature of the residents who will live in the residence.

(4)

The residence shall, to the extent possible, conform to the type and outward appearances of the residences in the area in which it is located.

(5)

Prior to occupancy, a certificate of zoning compliance is applied for and received.

(H)

Short-term home rentals, when located in a single-family detached unit, subject to the requirements in Section 6.28 of this Code.

(Ord. No. 21-O-0002, § 3, 3-15-2021)

(A)

Schools—public, denominational or private including playgrounds and athletic fields auxiliary thereto.

(B)

Churches and other places of worship.

(C)

Cemeteries.

(D)

Institutions for the aged which are licensed.

(E)

Home occupations.

(F)

Golf courses of regulation size which may include driving ranges; provided that no clubhouse, parking lot or accessory building is located nearer than five hundred (500) feet to any dwelling unit or other zoning district.

(G)

Planned unit developments.

(H)

Medical and dental offices and group medical centers.

(I)

Offices for professionals such as physicians, dentists, attorneys-at-law, architects, engineers, musicians, artists, teachers, accountants, photographers, real estate agents, insurance agents, public stenographers, brokers, business consultants and other professional offices as determined by the plan commission.

(J)

Rest homes, nursing homes, hospitals, sanitariums, group medical centers, which are licensed and/or registered.

(K)

Agriculture, horticulture, forestry.

(L)

Dormitories.

(M)

Barber shops.

(N)

Beauty shops.

(O)

Parking lots.

(P)

Public facilities including libraries and museums.

(Q)

Drug stores.

(R)

Restaurants.

(S)

Religious retreats.

(T)

Above ground service facilities.

(U)

Short-term home rentals, when located in a single-family attached unit, such as a townhome, or in a two-family dwelling unit, subject to the requirements in Section 6.28 of this Code.

(Ord. No. 07-O-0024, § 11, 3-19-2007; Ord. No. 21-O-0002, § 4, 3-15-2021)