West Dundee City Zoning Code

CHAPTER 4

RESIDENTIAL DISTRICTS

10-4-1: PROHIBITED USES:

Animals; raising of poultry, pigeons, bees, livestock, and furbearing animals except as regulated by the licensing provisions of title 6, chapter 3, "Animal Control", of this Code.

Lease or rental of a room or rooms being a portion of an entire dwelling in a Residential District unit or a portion of a single- family residence in a Residential District.

Outdoor storage; open storage of building material and equipment except during active construction for permissible uses.

Transient dwellings; trailer camping, tourist cabins and motor homes shall not be utilized for dwelling purposes within any Residential District.

Vehicle repair; major automobile repair work on vehicles other than the personal vehicles of the resident. (Ord. 89-04, 4-3-1989; amd. Ord. 2010-30, 11-1-2010; Ord. 2018-33, 12-3-2018)

10-4-2: SPECIAL USES:

Community, civic or Municipal buildings.

Funeral homes.

Planned developments on a tract of land not less than two (2) acres.

Public libraries. (Ord. 89-04, 4-3-1989)

10-4-3: DWELLING UNIT GRADE LEVEL:

No new dwelling unit shall be established or maintained where the entire outside grade level shall be more than four feet (4') above the floor level of the dwelling unit (excluding basements, cellars, recreation rooms, laundry rooms, utility and storage areas). (Ord. 89-04, 4-3-1989)

10-4-4: HOME OCCUPATIONS:

A. Incidental To Principal Use: Subject to the limitations of this section, any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit.

B. Use Limitations:

1. Employee Limitations:

a. The entrepreneur of every home occupation shall be domiciled in the dwelling unit where such occupation is conducted.

b. Employees shall not be permitted other than persons domiciled in the dwelling unit where such home occupation is conducted and no more than one other employee, not domiciled in the dwelling.

2. Structural Limitations:

a. No alteration of any kind shall be made to the dwelling unit where a home occupation is conducted that would change its residential character as a dwelling unit, including the enlargement of public utility services beyond that customarily required for residential use.

b. No separate entrance shall be provided in connection with the conduct of any home occupation.

3. Operational Limitations:

a. Every home occupation shall be conducted wholly within a principal dwelling unit or enclosed accessory use; provided, however, that this subsection shall not apply to a daycare home operated as a home occupation.

b. The business conducted shall be incidental and secondary to the use of such dwelling unit as a dwelling unit.

c. No more than a total of six hundred (600) square feet of floor area (exclusive of garage floor area devoted to permissible parking of vehicles used in connection with the home occupation) of any dwelling unit, shall be specially designed, arranged or set apart for the conduct of a home occupation; provided, however, that this subsection shall not apply to a daycare home operated as a home occupation.

d. No stock in trade shall be displayed on the premises of any home occupation.

e. The attendance of up to four (4) persons at any one time may be allowed for the purpose of receiving private instruction or training in any subject or skill except singing, dance or musical instrument.

f. Individual instruction in singing, dance or musical instrument shall be limited to no more than a single pupil at a time and shall only be permitted in the single-family detached dwelling.

g. No mechanical, electrical or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare, emissions, odor or radiation outside the dwelling unit that is greater or more frequent than that typical of equipment used in connection with residential occupancy shall be used in connection with any home occupation.

h. No outdoor storage shall be allowed in connection with any home occupation.

i. No refuse in excess of the amount allowable for regular residential pick up shall be generated by any home occupation.

j. Vehicles used in connection with any home occupation shall be subject to the requirements of chapter 9, "Off Street Parking And Loading", of this title.

k. A "daycare" home, as defined in section 10-2-1 of this title. (Ord. 89-04, 4-3-1989)

l. No leasing or renting of a room within a dwelling unit within a single-family residence in a Residential District for sleeping and living purposes. (Ord. 2018-33, 12-3-2018)

4. Signage And Visibility:

a. Signage shall comply with title 9, chapter 4, "Sign Regulations", of this Code.

b. Other than provided in subsection B4a of this section, no home occupation shall be in any manner visible or apparent from any public or private street.

5. Traffic Limitations: No home occupation shall generate more vehicular or pedestrian traffic than is typical of residences in the area.

6. Nuisance Causing Activities: In addition to the foregoing specific limitations, no home occupation shall cause or create any nuisance, or cause or create any substantial or undue adverse impact on any adjacent property or the character of the area, or threaten the public health, safety or general welfare, or be noxious, offensive or hazardous.

C. Special Use Permit Required: Any resident who wishes to conduct a business in their home but who does not meet the requirements of this section may apply for a special use permit pursuant to chapter 12 of this title. (Ord. 89-04, 4-3-1989)

10-4A-1: PERMITTED USES:

Accessory uses.

Cemeteries.

Churches.

Daycare homes for not more than eight (8) children (including occupant's children) provided that the home has a state license and is registered with the village.

Golf courses and country clubs.

Group homes, subject to the following:

A. The group home houses no more than eight (8) persons plus staff;

B. The group home is licensed or certified by the state of Illinois; and

C. There is a minimum distance of one thousand feet (1,000') maintained between group homes.

Home occupations conducted in connection with residences by the occupants thereof and in a manner incidental and not detrimental to residential property.

Parks and playgrounds.

Public and religious schools, but not private vocational, music or dancing schools.

Single-family detached dwellings.

Vegetable gardening. (Ord. 89-04, 4-3-1989; amd. Ord. 97-24, 10-27-1997)

10-4A-2: SPECIAL USES:

Bed and Breakfast Establishments on properties that are three (3) acres in size or more, provided that the operator is registered with the Village.

Short Term Rentals on properties that are three (3) acres in size or more, provided that the operator is registered with the Village. (Ord. 2022-36, 11-7-2022)

10-4A-3: LOT AREA REQUIREMENTS:

A. Lot Specifications:

1. Area: Not less than forty thousand (40,000) square feet.

2. Width: Minimum of one hundred fifty feet (150') at front building line.

B. Yards:

1. Front Yard Or Setback: Not less than fifty feet (50').

2. Side Yard Or Setback: Not less than twenty feet (20'). A corner lot side yard abutting a street not less than sixty feet (60').

3. Rear Yard Or Setback: Not less than seventy five feet (75').

C. Building Height: Not more than two (2) stories or forty feet (40'), whichever is less. (Ord. 89-04, 4-3-1989)

10-4A-4: ADDITIONAL REGULATIONS:

A. Dwelling Standards: Total living area not less than two thousand (2,000) square feet. Private individual water wells and on site sewage disposal systems are permitted provided that suitable soil and slope conditions for on site systems are present and the systems are approved by the village.

B. Accessory Buildings: Accessory buildings shall not be located closer than ten feet (10') from a side or rear lot line. In addition, accessory buildings shall not be closer than one hundred feet (100') from the front lot line and in no case closer to said front lot line than the principal building on the lot. For corner lots, accessory buildings shall not be located in the side yard abutting the side street.

C. Off Street Parking And Loading: In accordance with applicable regulations set forth in chapter 9 of this title. (Ord.89-04, 4-3-1989)

10-4B-1: PERMITTED USES:

Same as permitted in the RE-1 district. (Ord. 89-04, 4-3-1989)

10-4B-2: LOT AREA REQUIREMENTS:

A. Lot Specifications:

1. Area: Not less than twenty thousand (20,000) square feet.

2. Width: Minimum of one hundred feet (100') at front building line.

B. Yards:

1. Front Yard Or Setback: Not less than forty feet (40').

2. Side Yard Or Setback: A minimum total of thirty feet (30') for both side yards with a minimum of ten feet (10') on one side. For a corner lot side yard abutting a street, not less than forty feet (40').

3. Rear Yard Or Setback: Not less than fifty feet (50').

C. Building Height: Not more than two (2) stories or forty feet (40'), whichever is less. (Ord. 89-04, 4-3-1989)

10-4B-3: ADDITIONAL REGULATIONS:

A. Dwelling Standards: Total living area not less than one thousand eight hundred (1,800) square feet. Private, individual water wells and on site sewage disposal systems are permitted, provided that suitable soil and slope conditions for on site systems are present and the systems are approved by the village.

B. Accessory Buildings: Accessory buildings shall not be located closer than five feet (5') from a side or rear lot line. In addition, accessory buildings shall not be located closer than seventy five feet (75') from the front lot line and in no case closer to said front lot line than the principal building on the lot. For corner lots, accessory buildings shall not be located in the side yard abutting the side street.

C. Off Street Parking And Loading: In accordance with applicable regulations set forth in chapter 9 of this title. (Ord. 89-04, 4-3-1989)

10-4C-1: PERMITTED USES:

Same as permitted in the RE-1 district. (Ord. 89-04, 4-3-1989)

10-4C-2: LOT AREA REQUIREMENTS:

A. Lot Specifications:

1. Area: Not less than fifteen thousand (15,000) square feet.

2. Width: Minimum of one hundred feet (100') at front building line.

B. Yards:

1. Front Yard Or Setback: Not less than forty feet (40').

2. Side Yard Or Setback: A minimum total of thirty feet (30') for both side yards with a minimum of ten feet (10') on one side. For corner lot side yard abutting a street, not less than forty feet (40').

3. Rear Yard Or Setback: Not less than forty feet (40').

C. Building Height: Not more than two (2) stories or forty feet (40'), whichever is less. (Ord. 89-04, 4-3-1989)

10-4C-3: ADDITIONAL REGULATIONS:

A. Dwelling Standards: Total living area not less than one thousand eight hundred (1,800) square feet. Municipal water and wastewater disposal services required.

C. Off Street Parking And Loading: In accordance with applicable regulations set forth in chapter 9 of this title. (Ord. 89-04, 4-3-1989)

10-4D-1: PERMITTED USES:

Same as permitted in the RE-1 district. (Ord. 89-04, 4-3-1989)

10-4D-2: LOT AREA REQUIREMENTS:

A. Lot Specifications:

1. Area: Not less than ten thousand (10,000) square feet.

2. Width: Minimum of eighty feet (80') at the front building line.

B. Yards:

1. Front Yard Or Setback: Not less than thirty feet (30').

2. Side Yard Or Setback: A minimum total of twenty feet (20') for both side yards with a minimum of six feet (6') on one side. For a corner lot side yard abutting a street, not less than thirty feet (30') and six feet (6') on the opposite side yard.

3. Rear Yard: Not less than thirty five feet (35').

C. Building Height: Not more than two (2) stories or forty feet (40'), whichever is less. (Ord. 89-04, 4-3-1989)

10-4D-3: ADDITIONAL REGULATIONS:

A. Dwelling Standards: Total living area not less than one thousand five hundred (1,500) square feet. Municipal water and wastewater disposal services are required.

B. Accessory Buildings: Accessory buildings shall not be located closer than three feet (3') from a side or rear lot line. In addition, accessory buildings shall not be closer than fifty feet (50') from the front lot line, and in no case closer to said front lot line than the principal building on the lot. For corner lots, accessory buildings shall not be located in the side yard abutting the side street.

C. Off Street Parking And Loading: In accordance with applicable regulations set forth in chapter 9 of this title. (Ord. 89-04, 4-3-1989)

D. Floor Area Ratio: The maximum floor to area ratio (FAR) shall not exceed thirty percent (30%) of the total lot area. This FAR requirement shall apply only to lots where construction is voluntarily undertaken after June 26, 2001. It shall not apply to lots with existing structures as of June 26, 2001, additions to those existing structures, and/or the replacement of those structure(s) provided replacement is the result of destruction of existing structure(s) by natural occurrences or acts of God (i.e., fire, flood, tornado, etc.). (Ord. 01-25, 6-26-2001)

10-4E-1: PERMITTED USES:

Same as permitted in the RE-1 district. (Ord. 89-04, 4-3-1989)

10-4E-2: LOT AREA REQUIREMENTS:

A. Lot Specifications:

1. Area: Not less than eight thousand four hundred (8,400) square feet.

2. Width: Minimum of seventy feet (70') at the front building line.

B. Yards:

1. Front Yard Or Setback: Not less than thirty feet (30').

2. Side Yard Or Setback: A minimum total of fifteen feet (15') for both side yards with a minimum of six feet (6') on one side. For corner lot side yards abutting a street, not less than thirty feet (30') and six feet (6') on the opposite side yard.

3. Rear Yard: Not less than thirty five feet (35').

C. Building Height: Not more than two (2) stories or forty feet (40'), whichever is less. (Ord. 89-04, 4-3-1989)

10-4E-3: ADDITIONAL REGULATIONS:

A. Dwelling Standards: Total living area not less than one thousand (1,000) square feet. Municipal water and wastewater disposal services are required.

B. Accessory Buildings: Same as regulated in the R-1 district.

C. Off Street Parking And Loading: In accordance with applicable regulations set forth in chapter 9 of this title.

D. Floor Area Ratio: Same as regulated in the R-1 single-family detached dwelling district. (Ord. 89-04, 4-3-1989)

10-4F-1: PERMITTED USES:

Same as permitted in the RE-1 district. (Ord. 89-04, 4-3-1989)

10-4F-2: LOT AREA REQUIREMENTS:

A. Lot Specifications:

1. Area: Not less than seven thousand two hundred (7,200) square feet.

2. Width: Minimum of sixty feet (60') at the front building line.

B. Yards:

1. Front Yard Or Setback:

a. The front yard setback shall be established as the lessor of:

(1) Twenty five feet (25'); or

(2) The average of the existing front yard setbacks for the two (2) immediately adjacent developed lots sharing the same frontage.

(A) For corner lots or lots adjacent to an undeveloped parcel, the front yard setback shall not be less than the immediately adjacent developed lot sharing the same frontage.

b. In no case shall the front yard setback be less than fifteen feet (15').

2. Side Yards Or Setback: A minimum of twenty percent (20%) of the lot width with a minimum of six feet (6') on one side. For corner lots abutting a street, not less than twenty five feet (25') and six feet (6') on the opposite side yard.

3. Rear Yard Or Setback: Not less than thirty feet (30').

C. Building Height: Not more than two (2) stories or forty feet (40'), whichever is less.

D. Floor Area Ratio: Same as regulated in the R-1 single-family dwelling district.

E. Front Elevation Ratio: The maximum front elevation ratio (FER) shall not exceed thirty two percent (32%).

1. Increases to the FER shall be provided for certain architectural features including, but not limited to, the following:

a. Detached garages located completely behind the principal structure or side loading garages, plus seven percent (7%) FER.

b. Ceiling height of nine feet (9') or greater, plus five percent (5%) FER.

c. First floor elevated three feet (3') to five feet (5') above grade, plus three percent (3%) FER.

d. The village board may grant additional increases for other features not listed herein.

2. The maximum FER with the applicable increases shall not exceed fifty percent (50%) for any property. (Ord. 89-04, 4-3-1989)

3. This FER requirement shall apply only to lots where construction is voluntarily undertaken after June 26, 2001. It shall not apply to lots with existing structures as of June 26, 2001, additions to those existing structures, and/or the replacement of those structure(s) provided replacement is the result of destruction of existing structure(s) by natural occurrences or acts of God (i.e., fire, flood, tornado, etc.). (Ord. 2001-20, 5-7-2001)

10-4F-3: ADDITIONAL REGULATIONS:

A. Dwelling Standards: Total living area not less than eight hundred (800) square feet. Municipal water and wastewater disposal services are required.

B. Accessory Buildings: Same as regulated in the R-1 single- family zoning district.

1. On lots larger than sixty feet (60') in width at the front lot line, front loading attached or detached garages must be set back a minimum of fifteen feet (15') from the front of the principal structure.

C. Off Street Parking And Loading: In accordance with applicable regulations set forth in chapter 9 of this title. In addition, required parking spaces shall not be located in required front or side yards, except driveways perpendicular to the street. (Ord. 89-04, 4-3-1989)

D. Fences: Fences as regulated by the provisions of section 9-1A-7 of this code are permitted obstructions within the required front yard. (Ord. 2001-20, 5-7-2001)

10-4G-1: PERMITTED USES:

Two-, three-, four-, five-, and six-dwelling unit multi- family buildings.

Any other use permitted in the RE-1 district except for home occupations and daycare homes. (Ord. 89-04, 4-3-1989)

10-4G-2: LOT AREA REQUIREMENTS:

A. Lot Specifications:

1. Area: Not less than five thousand (5,000) square feet of lot area per multi-family dwelling unit.

2. Width: Not less than thirty feet (30') in width for each dwelling unit up to three (3) dwelling units. For four (4) or more dwelling units, not less than one hundred feet (100').

B. Yards:

1. Front Yard Or Setback: Not less than thirty feet (30').

2. Side Yards Or Setback: A minimum of ten feet (10') on each side. For corner side yards abutting a street, not less than thirty feet (30') and six feet (6') on the opposite side yard.

3. Rear Yard Or Setback: Not less than fifty feet (50').

C. Building Height: Not more than forty feet (40') or three (3) stories whichever is less. (Ord. 89-04, 4-3-1989)

10-4G-3: ADDITIONAL REGULATIONS:

A. Dwelling Standards:

1. Living Area:

a. One bedroom or studio units shall have a minimum of five hundred (500) square feet of living area.

b. Two (2) bedroom units shall have a minimum of six hundred (600) square feet of living area.

c. Three (3) bedroom units shall have a minimum of seven hundred (700) square feet of living area.

2. Water And Wastewater Services: Municipal water and wastewater disposal services are required.

B. Accessory Buildings: Same as regulated in the R-1 district.

C. Off Street Parking And Loading: In accordance with applicable regulations set forth in chapter 9 of this title. In addition, required parking spaces shall not be located in required front and side yards except in driveways perpendicular to the street. (Ord. 89-04, 4-3-1989)

10-4H-1: PERMITTED USES:

Multi-family dwelling units not to exceed twenty four (24) units per building.

Any other use permitted in the RE-1 district except for home occupations and daycare homes. (Ord. 89-04, 4-3-1989)

10-4H-2: LOT AREA REQUIREMENTS:

A. Lot Specifications:

1. Area: Not less than four thousand three hundred (4,300) square feet of lot area per dwelling unit.

2. Width: Not less than one hundred fifty feet (150') at the front building line.

B. Yards:

1. Front Yard Or Setback: Not less than thirty feet (30').

2. Side Yards Or Setback: A minimum total of thirty feet (30') for both side yards with a minimum of twelve feet (12') on one side. For a corner lot side yard abutting a street, not less than thirty feet (30') and twelve feet (12') on the opposite side yard. (Existing 10 percent of the frontage or 10 feet whichever is greater.)

3. Rear Yard: Not less than seventy five feet (75').

C. Building Height: Not more than forty feet (40') or three (3) stories whichever is less. (Ord. 89-04, 4-3-1989)

10-4H-3: ADDITIONAL REGULATIONS:

A. Dwelling Standards: Same as regulated in the R-4 district.