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Wheeling City Zoning Code

CHAPTER 19

04 - RESIDENTIAL DISTRICTS

Sections:


19.04.010 - Residential district general requirements.

(a)

Site Plan Review Required. With the exception of individual detached single-family and individual two-family homes, in the residential districts, site plan review by the plan commission and approval by the board of trustees is required for all new development projects and any renovations involving alteration in building size, changes to the exterior of any building, or changes to site elements approved during a prior site plan review. All site plan submittals and reviews shall be conducted in accordance with Chapter 19.12 in all districts.

(b)

General Use Standards.

(1)

Garages Required. With the exception of dwelling units constructed prior to the effective date of the ordinance codified in this Title, all dwelling units shall include a totally enclosed attached or detached garage a minimum of five hundred twenty-eight square feet in size or equivalent space in indoor parking stalls. Detached garages shall be no larger than eight hundred square feet in area, and shall conform to district setback requirements for accessory structures. All garages shall meet the requirements of this Title and the most recently adopted construction codes. See Section 19.10.070 for additional regulations.

(2)

All new principal buildings, structures and other uses shall be provided with public utilities and served by public streets.

(c)

Pre-Code Minimum Lot Size and Minimum Lot Width Requirements. Any improved single-family lot or parcel of land in a single-family zoning district, held in one ownership prior to September 14, 1964, which was of record at the time of adoption of this code, that does not meet the requirements for minimum lot width, minimum side yard, or minimum area, may be utilized for a permitted use, provided that the lot width or area is not less than seventy-five percent of the current minimum required and side yard(s) are not less than ninety percent of the current minimum required or three feet, whichever is greater.

(d)

Parking and Circulation for All Multiple-Family and Nonresidential Uses in Residential Districts.

(1)

Bicycle and off-street parking shall be provided in accordance with the provisions of Section 19.11.010 of this Title.

(2)

All premises shall be furnished with all-weather service walks, designed for the safety and convenience of pedestrians. Where external sidewalks or bicycle paths exist, connections to these shall be provided.

(3)

Vehicular access to individual parcels shall be limited and controlled. When appropriate, existing driveways on the subject property or adjoining properties shall be combined and traffic circulation coordinated. Curb cuts shall be kept to the minimum number required to allow safe ingress/egress.

(4)

Access Use. No land which is located in a residential district shall be used for motor vehicle access purpose to any land which is located in any business or industrial district.

Figure 18: Example of Prohibited Access Use

(5)

Front Yard Paving. Front yard paving shall be reviewed and approved in conjunction with the original site plan approval for all multi-family and nonresidential developments. Modifications shall be subject to, at minimum, minor site plan review. For front-loading garages, driveway and pad width shall not exceed the width of the garage plus a four-foot wide walkway.

(e)

General Site Development Standards for All Multiple-Family and Nonresidential Uses.

(1)

Landscaping shall be provided in accordance with the provisions of Section 19.11.020.

(2)

Exterior lighting where provided shall be in accordance with the provisions of Section 19.11.040.

(3)

Provisions shall be made for storage of refuse in accordance with Section 19.11.050.

(4)

Screening shall be provided in accordance with the provisions for Section 19.10.070.

(5)

Snow removal shall be considered in the design of all new multi-family and nonresidential sites to allow for ease of snow plowing and adequate on-site snow storage. Site features, such as landscaping beds, building separation, and walkway locations, shall be reviewed with respect to snow removal.

(f)

General Regulations for Single-Family Districts.

(1)

Parking in the R-1, R-1A, R-2, R-3, and R-3A districts shall be permitted only on paved driveway and parking areas on the lot. Parking and driveway areas in the required front yard shall not exceed forty percent of the width of the required front yard (including a front yard on a corner lot defined as a street side yard), or thirty feet, whichever is less. Driveways shall not extend beyond the front plane of the house unless providing access to a garage.

(2)

All new construction, additions, and renovations in single-family districts shall be reviewed with respect to the definitions of dwelling unit, single-family dwelling, two-family dwelling, and multifamily dwelling. At the discretion of the director of community development, additional documentation may be required prior to permit issuance for any development which involves the elements that could constitute an additional dwelling unit (sleeping facilities, cooking facilities, exterior access, sanitary facilities, or eating facilities).

(3)

Exterior Access. For exterior walls facing the front yard, access shall be limited to the ground level. Access above or below ground level may be provided on exterior walls facing a side or rear yard provided that all interior areas of the home are connected and all setback requirements are met.

(4)

Garage Location. Garages must be located in accordance with Section 19.10.070, Accessory Uses, Buildings and Structures, Subsection A, General Provisions.

(5)

Building Separation. The minimum building separation as required by the life safety code may exceed the minimum required zoning setbacks. When the regulations are in conflict, the life safety code requirement shall supersede the zoning code requirement.

(6)

Street-Side Setback Reduction. The minimum required street-side setback in all single-family districts may be reduced by the amount which is necessary to provide a minimum buildable width of twenty feet. The street side setback shall not be reduced to less than fifteen feet without a variation.

(Ord. 4331 § C, 2008; Ord. 4220 § A (part), 2007; Ord. 4018 § A (part), 2005)

(Ord. No. 4370, § B, 10-20-2008; Ord. No. 4452, § C, 9-14-2009; Ord. No. 4719, § B, 8-20-2012; Ord. No. 4892, § A, 9-22-2014)

19.04.020 - R-1 single-family residential district.

(a)

Statement of Intent. The R-1 single-family residential district is intended to accommodate single-family detached dwellings in settings with larger lot sizes and increased open space surrounding the dwellings than typically available in the village, and is also intended to accommodate previously existing larger lot sizes and subdivisions annexed to the village. Related educational, religious, recreational, and governmental facilities are intended to co-exist with single-family detached dwellings to stabilize existing neighborhoods and provide for orderly development or redevelopment to meet the demand for such uses.

(b)

Permitted Uses.

(1)

Accessory buildings and uses customarily incidental to any of the permitted uses, subject to the provisions of Section 19.10.070 of this Title.

(2)

See use matrix in Appendix A.

(c)

Special Uses. See use matrix in Appendix A.

(d)

Lot Requirements.

Minimum lot area 12,000 square feet
Minimum lot width
 cul-de-sacs and curved streets 60 feet
 straight streets 75 feet
Minimum lot depth 120 feet

 

(e)

Minimum Floor Area for Residential Uses.

Single-family dwellings
Per dwelling unit 1,150 square feet
On the ground floor of multi-story dwellings 850 square feet

 

(f)

Setbacks and Height Restrictions—Principal Building.

Minimum front and street side setback 25 feet
Minimum interior side setback
 aggregate total for both sides 15 feet
 from either side 6 feet
Minimum rear setback 25 feet
Maximum building height 36 feet

 

(g)

Setbacks and Height Restrictions—Detached Accessory Buildings. Accessory buildings are not allowed in any front yard in the R-1 district. Additional restrictions may be specified in Section 19.10.070 of this Title.

Minimum side setback 6 feet
Minimum street side setback 25 feet
Minimum rear setback 6 feet
Maximum building height 24 feet

 

(Ord. 4018 § A (part), 2005)

(Ord. No. 4370, § C, 10-20-2008; Ord. No. 5392, § B, 3-1-2021)

19.04.025 - R-1A single-family residential district.

(a)

Statement of Intent. The R-1A single-family residential district is intended to accommodate existing single-family homes on larger lots in areas annexed to the village that are not envisioned as residential areas in the comprehensive plan. Redevelopment with nonresidential land uses is expected, and therefore residential redevelopment is discouraged.

(b)

Permitted Uses.

(1)

Single-family homes in existence as of the effective date of this section.

(2)

Accessory buildings and uses customarily incidental to the existing single-family homes.

(c)

Special Uses. See Section 19.10.040, Nonconforming buildings, structures, and uses, subsection L, Special Provisions Applying to Properties Involuntarily Annexed to the Village after December 31, 1994.

(d)

Lot Requirements.

Minimum lot area 12,000 square feet
Minimum lot width
 cul-de-sacs and curved streets 60 feet
 straight streets 75 feet
Minimum lot depth 120 feet

 

(e)

Minimum Floor Area for Residential Uses.

Single-family dwellings
Per dwelling unit 1,150 square feet
On the ground floor of multi-story dwellings 850 square feet

 

(f)

Setbacks and Height Restrictions—Principal Building.

Minimum front and street side setback 25 feet
Minimum interior side setback
 aggregate total for both sides 15 feet
 from either side 6 feet
Minimum rear setback 25 feet
Maximum building height 36 feet

 

(g)

Setbacks and Height Restrictions—Detached Accessory Buildings. Accessory buildings are not allowed in any front yard in the R-1A district. Additional restrictions may be specified in Section 19.10.070 of this Title.

Minimum side setback 6 feet
Minimum street side setback 25 feet
Minimum rear setback 6 feet
Maximum building height 24 feet

 

(h)

Improvements, Repairs, Restoration, and Alterations. Existing homes in the R-1A district may be improved, repaired, restored, and altered, subject to the setback and height restrictions provided in this section and all applicable life safety regulations. New construction shall not be permitted. Alterations which increase the building footprint by more than twenty-five percent shall not be permitted.

(Ord. 4220 § A (part), 2007; Ord. 4198 § B, 2007)

(Ord. No. 4370, § D, 10-20-2008; Ord. No. 5392, § C, 3-1-2021)

19.04.030 - R-2 single-family residential district.

(a)

Statement of Intent. The R-2 single-family residential district is intended to accommodate single-family detached dwellings in settings in mid-range lot sizes within the village. Related educational, religious, recreational, and governmental facilities are intended to co-exist with single-family detached dwellings to stabilize existing neighborhoods and provide for orderly development or redevelopment to meet the demand for such uses.

(b)

Permitted Uses.

(1)

Accessory buildings and uses customarily incidental to any of the permitted uses, subject to the provisions of Section 19.10.070 of this Title.

(2)

See use matrix in Appendix A.

(c)

Special Uses. See use matrix in Appendix A.

(d)

Lot Requirements.

Minimum lot area 8,500 square feet
Minimum lot width
 cul-de-sacs and curved streets 50 feet
 straight streets 75 feet
Minimum lot depth 100 feet

 

(e)

Minimum Floor Area for Residential Uses.

Single-family dwellings
Per dwelling unit 1,150 square feet
On the ground floor of multi-story dwellings 850 square feet

 

(f)

Setbacks and Height Restrictions—Principal Building.

Minimum front and street side setback 25 feet
Minimum interior side setback
 aggregate total for both sides 15 feet
 from either side 6 feet
Minimum rear setback 25 feet
Maximum building height 36 feet

 

(g)

Setbacks and Height Restrictions—Detached Accessory Buildings. Accessory buildings are not allowed in any front yard in the R-2 district. Additional restrictions may be specified in Section 19.10.070 of this Title.

Minimum side setback 6 feet
Minimum street side setback 25 feet
Minimum rear setback 6 feet
Maximum building height 24 feet

 

(Ord. 4018 § A (part), 2005)

(Ord. No. 4370, § E, 10-20-2008; Ord. No. 5392, § D, 3-1-2021)

19.04.040 - R-3 single-family residential district.

(a)

Statement of Intent. The R-3 single-family residential district is intended to accommodate single-family detached dwellings in settings with traditional lot sizes within the village. Related educational, religious, recreational, and governmental facilities are intended to co-exist with single-family detached dwellings to stabilize existing neighborhoods and provide for orderly development or redevelopment to meet the demand for such uses.

(b)

Permitted Uses.

(1)

Accessory buildings and uses customarily incidental to any of the permitted uses, subject to the provisions of Section 19.10.070 of this Title.

(2)

See use matrix in Appendix A.

(c)

Special Uses. See use matrix in Appendix A.

(d)

Lot Requirements.

Minimum lot area 7,000 square feet
Minimum lot width
 cul-de-sacs and curved streets 35 feet
 straight streets 60 feet
Minimum lot depth 100 feet

 

(e)

Minimum Floor Area for Residential Uses.

Single-family dwellings
Per dwelling unit 1,150 square feet
On the ground floor of multi-story dwellings 850 square feet

 

(f)

Setbacks and Height Restrictions—Principal Building.

Minimum front and street side setback 25 feet
Minimum interior side setback
 aggregate total for both sides 10 feet
 from either side 3 feet
Minimum rear setback 19 feet
Maximum building height 30 feet

 

(g)

Setbacks and Height Restrictions—Detached Accessory Buildings. Accessory buildings are not allowed in any front yard in the R-3 district. Additional restrictions may be specified in Section 19.10.070 of this Title.

Minimum side setback 6 feet
Minimum street side setback 25 feet
Minimum rear setback 6 feet
Maximum building height 24 feet

 

(Ord. 4018 § A (part), 2005)

(Ord. No. 4370, § F, 10-20-2008; Ord. No. 5392, § E, 3-1-2021)

19.04.050 - R-3A single-family residential district.

(a)

Statement of Intent. The R-3A single-family residential district is intended to accommodate single-family detached dwellings in settings with traditional lot sizes within the village. Related educational, religious, recreational, and governmental facilities are intended to co-exist with single-family detached dwellings to stabilize existing neighborhoods and provide for orderly development or redevelopment to meet the demand for such uses.

(b)

Permitted Uses.

(1)

Accessory buildings and uses customarily incidental to any of the permitted uses, subject to the provisions of Section 19.10.070 of this Title.

(2)

See use matrix in Appendix A.

(c)

Special Uses. See use matrix in Appendix A.

(d)

Lot Requirements.

Minimum lot area 6,000 square feet
Minimum lot width
 cul-de-sacs and curved streets 35 feet
 straight streets 50 feet
Minimum lot depth 100 feet

 

(e)

Minimum Floor Area for Residential Uses.

Single-family dwellings
Per dwelling unit 1,150 square feet
On the ground floor of multi-story dwellings 850 square feet

 

(f)

Setbacks and Height Restrictions—Principal Building.

Minimum front and street side setback 25 feet
Minimum interior side setback
 aggregate total for both sides 10 feet
 from either side 3 feet
Minimum rear setback 19 feet
Maximum building height 30 feet

 

(g)

Setbacks and Height Restrictions—Detached Accessory Buildings. Accessory buildings are not allowed in any front yard in the R-3A district.

Minimum side setback 6 feet
Minimum street side setback 25 feet
Minimum rear setback 6 feet
Maximum building height 24 feet

 

(Ord. 4018 § A (part), 2005)

(Ord. No. 4370, § G, 10-20-2008)

19.04.060 - R-4 multiple-family residential district.

(a)

Statement of Intent. The R-4 multiple-family district is established to stabilize and conserve existing neighborhoods that predominantly consist of multiple-family dwellings built at moderate to high density. These districts are also intended to promote the development of comparable new areas in order to accommodate persons desiring this type of residential environment. Developments in the R-4 multiple-family district are required to have site plan approval in accordance with Chapter 19.12 of this Title.

(b)

Permitted Uses.

(1)

Accessory buildings and uses customarily incidental to any of the permitted uses, subject to the provisions of Section 19.10.070 of this Title.

(2)

See use matrix in Appendix A.

(c)

Special Uses. See use matrix in Appendix A.

(d)

Lot Requirements.

Minimum lot area 20,000 square feet
Minimum lot width 125 feet
Minimum lot depth 125 feet

 

(e)

Minimum Floor Area for Dwelling Units Located in Multiple-Family Buildings. Dwelling units located in multiple-family buildings, minimum floor area.

Floor area is calculated excluding public halls and utility areas.

Efficiency and one-bedroom units 675 square feet
Two-bedroom units 800 square feet
Three-bedroom units 925 square feet
For each additional bedroom over three, add 125 square feet

 

(f)

Setbacks and Height Restrictions—Principal Building.

Minimum front and street side setback 30 feet
Minimum setback, interior side 30 feet
Minimum rear setback 30 feet
Maximum building height 35 feet, or no more than 3 stories
Distance between buildings
One story building 20 feet
Two-story building 30 feet
Three-story building 40 feet

 

(g)

Additional Restrictions—Detached Accessory Buildings and Parking. Accessory buildings are not allowed in any front yard in the R-4 district.

Minimum side setback 6 feet
Minimum street side setback 15 feet
Minimum rear setback 6 feet
Maximum building height 24 feet
Minimum parking setback, all sides 10 feet
Minimum parking pad size 9 feet by 19 feet

 

(h)

Density Limited.

Maximum density, town home 14 units per net acre
Maximum density, other 20 units per net acre
Maximum units per town home building 6

 

(i)

Multiple-Family Building Design Standards.

(1)

See Appendix D, Design Guidelines, for requirements such as exterior building materials, colors, roof design, utility placement, and screening.

(Ord. 4331 § D, 2008; Ord. 4220 § A (part), 2007; Ord. 4018 § A (part), 2005)

(Ord. No. 4370, §§ H—J, 10-20-2008; Ord. No. 4929, § B, 2-17-2015)