8.- RESIDENTIAL ZONING DISTRICTS
(a)
Purpose of the R Single-Family Detached Residence District. The R District is established to protect, promote, and maintain the development of single-family detached housing and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of allowable uses for this district are designed to maintain a suitable environment for family living at the low density of development characteristic of the current pattern of development in the district, which consists of large lots with abundant open space. The R District includes one (1) sub-district which allows the same uses but provides bulk provisions that reflect the specific attributes of the development pattern that results in lot width and lot area that are less than that of the R District but still larger than that typically found in any R1 sub-district.
(b)
Purpose of the R1 Single-Family Detached Residence District. The R1 District is established to protect, promote, and maintain the development of single-family detached housing and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of allowable uses for this district are designed to maintain a suitable environment for family living at the relatively low density of development characteristic of the current pattern of development in the district. The R1 District contains nine (9) sub-districts each of which allows the same uses but provides bulk and height provisions that reflect the specific attributes of the development patterns found in those sub-districts. Such attributes are described below.
(1)
The R1-A Sub-district contains predominantly single story and split-level homes developed since the 1950s.
(2)
The R1-B Sub-district contains residential development of a relatively low scale character having height and land coverage characteristics smaller than other areas.
(3)
The R1-C Sub-district contains a set of relatively uniform lots that tend to contain a mostly two (2) story homes located on a majority of lots smaller than found in other parts of the community.
(4)
The R1-D Sub-district contains predominantly two (2) story homes located on lots that range between fifty (50) and sixty (60) feet in width.
(5)
The R1-E Sub-district contains one (1) and two (2) story homes located on smaller lots, many less than fifty (50) feet in width, and accommodating smaller footprint buildings scaled to those lots.
(6)
The R1-F Sub-district contains a mix of homes built after the 1950s and containing primarily less than three (3) stories.
(7)
The R1-G Sub-district contains height and bulk provisions that typify the large home and lot development pattern found in the area roughly comprising the residential area abutting Chestnut, Ashland, Greenwood and Elmwood Streets east of Green Bay Road.
(8)
The R1-H Sub-district contains predominantly older homes, many of which are three (3) stories and are located on lots of fifty (50) to sixty (60) feet in width.
(9)
The R1-I Sub-district contains some of the smallest residential lots in the village and accommodates limited space between buildings. Development in this area fronts on narrow rights of way imparting a specific character to the neighborhood.
(c)
Purpose of the R2 Attached Residence District. The R2 District is established to protect, promote, and maintain the development of single-family detached and attached housing and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of allowable uses for this district are designed to provide for residential living in areas that have a single-family residential character but are transitions between areas of commercial or multi-family uses and areas of predominantly single-family detached dwellings.
(d)
Purpose of the R3 Multi-Family Residence District. The R3 District is established to protect, promote, and maintain the development of multi-family housing and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of allowable uses for this district are designed to provide for convenience and affordability in residential living, at densities characteristic of low-rise multi-family residential buildings.
(e)
Purpose of the R4 Multi-Family Residence District. The R4 District is established to protect, promote, and maintain the development of multi-family housing and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of allowable uses for this district are designed to provide for convenience and affordability in residential living, at a density characteristic of high-rise multi-family residential buildings.
(Code 1993, § 20-8.1)
Table 8-1: Residential Zoning Districts Permitted and Special Uses lists permitted and special uses for the residential districts. A "P" indicates that a use permitted within that district. An "S" indicates that a use a special use in that district and must obtain a special use permit as required in Section 30-5.3 (Special Use). No letter (i.e., a blank space), or the absence of the use from the table, indicates that use is not permitted within that district.
(Code 1993, § 20-8.2; Ord. No. 2015-O-13, 4-14-2015; Ord. No. 2016-O-11, 4-12-2016; Ord. No. 2018-O-48, § 3, 7-24-2018; Ord. No. 2018-O-57, § 3, 10-25-2018)
The bulk and yard regulations for the residential districts are separated into two (2) separate tables. Table 8-2: R, R2, R3 and R4 Residential Zoning Districts Bulk and Yard Regulations establishes bulk and yard regulations for the R, R2, R3 and R4 residential zoning districts. Table 8-3: R1 Sub-District Residential Zoning Districts Bulk and Yard Regulations establishes bulk and yard regulations for the nine (9) R1 Sub-districts. The following additional standards apply to the bulk regulations:
(a)
Building Height.
(1)
On lots that slope downward towards the rear or side lot line, the height of the principal building shall not exceed a height of forty-five (45) feet as measured perpendicular to the existing grade.
(2)
Single-family and two-unit dwellings with a predominantly flat roof, as determined by the Zoning Administrator, may not exceed a maximum height of twenty-seven (27) feet and two (2) stories.
(3)
Non-habitable architectural features on institutional use principal buildings shall not exceed a height of sixty (60) feet provided that all required side and rear yards shall be increased by one (1) foot for each additional foot of height over thirty-five (35) feet.
(b)
Townhouse/Stacked Flat Development.
(1)
Bulk and yard requirements shall apply to the development as a whole, rather than to each individual dwelling unit, and shall not apply to lot lines dividing dwellings that share a party wall.
(2)
When developed so that the individual units face the side lot line rather than the street, the combined side yards shall be no less than fifty percent (50%) of the lot width, with no one (1) side yard being less than twenty (20) feet.
(c)
Multi-Family Dwellings.
(1)
In the R4 district any side yard and rear yard that abuts property in an R, R1, R2 or R3 district shall be increased by one (1) foot for each one (1) foot above thirty-five (35) feet that the principal building or structure exceeds a height of thirty-five (35) feet.
(d)
Maximum Lot Coverage and Floor Area for Single-Family Dwellings. The maximum lot coverage and floor area for single-family dwellings shall be one (1) of the two (2) following formulas, applicable as referenced in Table 8-2: R, R2, R3 and R4 Residential Zoning Districts Bulk and Yard Regulations and Table 8-3: R1 Sub-District Residential Zoning Districts Bulk and Yard Regulations:
(1)
Original (1990).
(A)
Lot Coverage: (0.40-((1.33 x Lot Area)/100,000)) x Lot Area
In no event shall the maximum lot coverage be less than 20%.
(B)
Floor Area: ((0.40-((1.33 x Lot Area)/100,000)) x 1.5) x Lot Area
In no event shall the maximum floor area be less than 30%.
(2)
Modified (2003).
(A)
Lot Coverage: (((0.5-(Lot Area/80,000))/1.38)) x Lot Area
In no event shall the maximum lot coverage be less than 20%.
(B)
Floor Area: ((0.5-(Lot Area/80,000))) x Lot Area
In no event shall the maximum floor area be less than 30%.
(3)
Lot Coverage and Floor Area Bonuses. Lot coverage and floor area bonuses in addition to the maximum lot coverage and maximum floor area established by formula above shall be applicable as referenced in Table 8-2 and Table 8-3.
NOTES:
(1)
See Section 30-8.3.(a) for more height information.
(2)
First floor height measured from calculated grade to top of finished first floor.
(3)
See Section 30-2.5.(a)(2)(B) regarding when the rear lot line is the ordinary high water mark.
(4)
See Section 30-8.3.(d) for additional setback requirements.
(5)
Lot coverage and floor area bonuses apply only to single-family dwellings.
(6)
See Section 30-2.5.(g) for more information about the garage bonus.
(7)
See Section 30-13.4.(i)(1) for more information about garage requirements.
(8)
The front porch bonuses only apply to front porches in accordance with Section 30-2.5.(h).
(9)
The attic floor area bonus applies to the space above the second floor and below the roof rafters; see also Section 30-2.5.(i).
(10)
See Section 30-12.3.(i) and Section 30-8.3.(b) for setbacks applicable to townhouse/stacked flat dwellings.
(11)
For all other uses, each side yard shall be no less than twelve (12) feet. For all other uses on a corner lot, the side yard abutting the street shall be no less than thirty percent (30%) of the lot width or twenty-five (25) feet, whichever is less, but in no event less than fifteen (15) feet.
NOTES:
(1)
See Section 30-8.3.(a) for more height information.
(2)
First floor height measured from calculated grade to top of finished first floor.
(3)
Lot coverage and floor area bonuses apply only to single-family dwellings.
(4)
See Section 30-2.5.(g) for more information about the garage bonus.
(5)
See Section 30-13.4.(i)(1) for more information about garage requirements.
(6)
The front porch bonuses only apply to front porches in accordance with Section 30-2.5.(h).
(7)
The attic floor area bonus applies to the space above the second floor and below the roof rafters; see also Section 30-2.5.(i).
NOTES:
(1)
See Section 30-8.3.(a) for more height information.
(2)
First floor height measured from calculated grade to top of finished first floor.
(3)
Lot coverage and floor area bonuses apply only to single-family dwellings.
(4)
See Section 30-2.5.(g) for more information about the garage bonus.
(5)
See Section 30-13.4.(i)(1) for more information about garage requirements.
(6)
The front porch bonuses only apply to front porches in accordance with Section 30-2.5.(h).
(7)
The attic floor area bonus applies to the space above the second floor and below the roof rafters; see also Section 30-2.5.(i).
(4)
Applicability of Contextual Bulk Regulations. For single-family dwellings, if the average height of all homes on either side and within one hundred (100) feet of the subject property is more than thirty (30) feet, the applicant may choose to apply the lot coverage and floor area formulas contained in Table 8-4: Contextual Bulk Regulations. If the mean average height of these homes is less than or equal to thirty (30) feet, the applicant may choose to apply the lot coverage and floor area formulas contained in Table 8-4.
NOTES:
(1)
See Section 30-8.3.(a) for more height information.
(2)
See Section 30-2.5.(g) for more information about the garage bonus.
(3)
See Section 30-13.4.(i)(1) for more information about garage requirements.
(4)
The front porch bonuses only apply to front porches in accordance with Section 30-2.5.(h).
(5)
The attic floor area bonus applies to the space above the second floor and below the roof rafters; see also Section 30-2.5.(i).
(e)
Impervious Surface Limits. In no event shall there be more impervious surface coverage upon a lot than given in Table 8-5: R, R1, R2, R3 and R4 Residential Zoning Districts Impervious Surface Coverage Requirements, except for the following conditions:
(1)
Properties improved with two-unit or townhouse/stacked flat dwellings located in the R2 district may cover up to sixty percent (60%) of the required rear yard with a detached garage.
(2)
Properties located along Lake Michigan may cover up to seventy-five percent (75%) of the required rear yard to accommodate the installation of a lake shoreline erosion control system necessary, as approved by the Illinois Department of Transportation or other designated body, to protect the integrity of the shoreline.
NOTES:
(1)
For the purpose of this section, the side yard adjoining a street shall end at the rear yard setback line, not the rear lot line.
(2)
Including but not limited to garages, sheds, playhouses, cabanas, sport courts, swimming pools, and similar structures.
(3)
Including but not limited to driveways, aprons, sidewalks, patios, decks, parking pads, and similar at-grade structures.
(4)
For single-family and two-unit dwellings, the maximum amount of coverage may be increased by ten percent (10%) of the allowable square footage of impervious surface coverage when all such flat surfaces in the yard are non-mortared pavers or a similar pervious surface over a non-compacted base.
(Code 1993, § 20-8.3; Ord. No. 2014-O-65, 11-11-2014; Ord. No. 2015-O-13, 4-14-2015; Ord. No. 2016-O-11, 4-1216; Ord. No. 2017-O-59, 10-10-2017)
(a)
Accessory Structures and Uses. See Section 30-13.4 (Accessory Structures and Uses) for standards covering accessory structures and uses.
(b)
Permitted Encroachments. See Section 30-13.5 (Permitted Encroachments) for standards governing encroachments.
(c)
Temporary Uses and Structures. See Section 30-13.6 (Temporary Uses and Structures) for standards governing temporary uses.
(d)
Off-Street Parking and Loading. See Article 30-14 (Off-Street Parking and Loading) for standards governing off-street parking and loading.
(e)
Landscaping and Screening. See Article 30-15 (Landscaping and Screening) for standards governing landscaping and screening.
(f)
Signs. See Article 30-16 (Signs) for standards governing signs.
(Code 1993, § 20-8.4)
8.- RESIDENTIAL ZONING DISTRICTS
(a)
Purpose of the R Single-Family Detached Residence District. The R District is established to protect, promote, and maintain the development of single-family detached housing and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of allowable uses for this district are designed to maintain a suitable environment for family living at the low density of development characteristic of the current pattern of development in the district, which consists of large lots with abundant open space. The R District includes one (1) sub-district which allows the same uses but provides bulk provisions that reflect the specific attributes of the development pattern that results in lot width and lot area that are less than that of the R District but still larger than that typically found in any R1 sub-district.
(b)
Purpose of the R1 Single-Family Detached Residence District. The R1 District is established to protect, promote, and maintain the development of single-family detached housing and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of allowable uses for this district are designed to maintain a suitable environment for family living at the relatively low density of development characteristic of the current pattern of development in the district. The R1 District contains nine (9) sub-districts each of which allows the same uses but provides bulk and height provisions that reflect the specific attributes of the development patterns found in those sub-districts. Such attributes are described below.
(1)
The R1-A Sub-district contains predominantly single story and split-level homes developed since the 1950s.
(2)
The R1-B Sub-district contains residential development of a relatively low scale character having height and land coverage characteristics smaller than other areas.
(3)
The R1-C Sub-district contains a set of relatively uniform lots that tend to contain a mostly two (2) story homes located on a majority of lots smaller than found in other parts of the community.
(4)
The R1-D Sub-district contains predominantly two (2) story homes located on lots that range between fifty (50) and sixty (60) feet in width.
(5)
The R1-E Sub-district contains one (1) and two (2) story homes located on smaller lots, many less than fifty (50) feet in width, and accommodating smaller footprint buildings scaled to those lots.
(6)
The R1-F Sub-district contains a mix of homes built after the 1950s and containing primarily less than three (3) stories.
(7)
The R1-G Sub-district contains height and bulk provisions that typify the large home and lot development pattern found in the area roughly comprising the residential area abutting Chestnut, Ashland, Greenwood and Elmwood Streets east of Green Bay Road.
(8)
The R1-H Sub-district contains predominantly older homes, many of which are three (3) stories and are located on lots of fifty (50) to sixty (60) feet in width.
(9)
The R1-I Sub-district contains some of the smallest residential lots in the village and accommodates limited space between buildings. Development in this area fronts on narrow rights of way imparting a specific character to the neighborhood.
(c)
Purpose of the R2 Attached Residence District. The R2 District is established to protect, promote, and maintain the development of single-family detached and attached housing and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of allowable uses for this district are designed to provide for residential living in areas that have a single-family residential character but are transitions between areas of commercial or multi-family uses and areas of predominantly single-family detached dwellings.
(d)
Purpose of the R3 Multi-Family Residence District. The R3 District is established to protect, promote, and maintain the development of multi-family housing and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of allowable uses for this district are designed to provide for convenience and affordability in residential living, at densities characteristic of low-rise multi-family residential buildings.
(e)
Purpose of the R4 Multi-Family Residence District. The R4 District is established to protect, promote, and maintain the development of multi-family housing and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of allowable uses for this district are designed to provide for convenience and affordability in residential living, at a density characteristic of high-rise multi-family residential buildings.
(Code 1993, § 20-8.1)
Table 8-1: Residential Zoning Districts Permitted and Special Uses lists permitted and special uses for the residential districts. A "P" indicates that a use permitted within that district. An "S" indicates that a use a special use in that district and must obtain a special use permit as required in Section 30-5.3 (Special Use). No letter (i.e., a blank space), or the absence of the use from the table, indicates that use is not permitted within that district.
(Code 1993, § 20-8.2; Ord. No. 2015-O-13, 4-14-2015; Ord. No. 2016-O-11, 4-12-2016; Ord. No. 2018-O-48, § 3, 7-24-2018; Ord. No. 2018-O-57, § 3, 10-25-2018)
The bulk and yard regulations for the residential districts are separated into two (2) separate tables. Table 8-2: R, R2, R3 and R4 Residential Zoning Districts Bulk and Yard Regulations establishes bulk and yard regulations for the R, R2, R3 and R4 residential zoning districts. Table 8-3: R1 Sub-District Residential Zoning Districts Bulk and Yard Regulations establishes bulk and yard regulations for the nine (9) R1 Sub-districts. The following additional standards apply to the bulk regulations:
(a)
Building Height.
(1)
On lots that slope downward towards the rear or side lot line, the height of the principal building shall not exceed a height of forty-five (45) feet as measured perpendicular to the existing grade.
(2)
Single-family and two-unit dwellings with a predominantly flat roof, as determined by the Zoning Administrator, may not exceed a maximum height of twenty-seven (27) feet and two (2) stories.
(3)
Non-habitable architectural features on institutional use principal buildings shall not exceed a height of sixty (60) feet provided that all required side and rear yards shall be increased by one (1) foot for each additional foot of height over thirty-five (35) feet.
(b)
Townhouse/Stacked Flat Development.
(1)
Bulk and yard requirements shall apply to the development as a whole, rather than to each individual dwelling unit, and shall not apply to lot lines dividing dwellings that share a party wall.
(2)
When developed so that the individual units face the side lot line rather than the street, the combined side yards shall be no less than fifty percent (50%) of the lot width, with no one (1) side yard being less than twenty (20) feet.
(c)
Multi-Family Dwellings.
(1)
In the R4 district any side yard and rear yard that abuts property in an R, R1, R2 or R3 district shall be increased by one (1) foot for each one (1) foot above thirty-five (35) feet that the principal building or structure exceeds a height of thirty-five (35) feet.
(d)
Maximum Lot Coverage and Floor Area for Single-Family Dwellings. The maximum lot coverage and floor area for single-family dwellings shall be one (1) of the two (2) following formulas, applicable as referenced in Table 8-2: R, R2, R3 and R4 Residential Zoning Districts Bulk and Yard Regulations and Table 8-3: R1 Sub-District Residential Zoning Districts Bulk and Yard Regulations:
(1)
Original (1990).
(A)
Lot Coverage: (0.40-((1.33 x Lot Area)/100,000)) x Lot Area
In no event shall the maximum lot coverage be less than 20%.
(B)
Floor Area: ((0.40-((1.33 x Lot Area)/100,000)) x 1.5) x Lot Area
In no event shall the maximum floor area be less than 30%.
(2)
Modified (2003).
(A)
Lot Coverage: (((0.5-(Lot Area/80,000))/1.38)) x Lot Area
In no event shall the maximum lot coverage be less than 20%.
(B)
Floor Area: ((0.5-(Lot Area/80,000))) x Lot Area
In no event shall the maximum floor area be less than 30%.
(3)
Lot Coverage and Floor Area Bonuses. Lot coverage and floor area bonuses in addition to the maximum lot coverage and maximum floor area established by formula above shall be applicable as referenced in Table 8-2 and Table 8-3.
NOTES:
(1)
See Section 30-8.3.(a) for more height information.
(2)
First floor height measured from calculated grade to top of finished first floor.
(3)
See Section 30-2.5.(a)(2)(B) regarding when the rear lot line is the ordinary high water mark.
(4)
See Section 30-8.3.(d) for additional setback requirements.
(5)
Lot coverage and floor area bonuses apply only to single-family dwellings.
(6)
See Section 30-2.5.(g) for more information about the garage bonus.
(7)
See Section 30-13.4.(i)(1) for more information about garage requirements.
(8)
The front porch bonuses only apply to front porches in accordance with Section 30-2.5.(h).
(9)
The attic floor area bonus applies to the space above the second floor and below the roof rafters; see also Section 30-2.5.(i).
(10)
See Section 30-12.3.(i) and Section 30-8.3.(b) for setbacks applicable to townhouse/stacked flat dwellings.
(11)
For all other uses, each side yard shall be no less than twelve (12) feet. For all other uses on a corner lot, the side yard abutting the street shall be no less than thirty percent (30%) of the lot width or twenty-five (25) feet, whichever is less, but in no event less than fifteen (15) feet.
NOTES:
(1)
See Section 30-8.3.(a) for more height information.
(2)
First floor height measured from calculated grade to top of finished first floor.
(3)
Lot coverage and floor area bonuses apply only to single-family dwellings.
(4)
See Section 30-2.5.(g) for more information about the garage bonus.
(5)
See Section 30-13.4.(i)(1) for more information about garage requirements.
(6)
The front porch bonuses only apply to front porches in accordance with Section 30-2.5.(h).
(7)
The attic floor area bonus applies to the space above the second floor and below the roof rafters; see also Section 30-2.5.(i).
NOTES:
(1)
See Section 30-8.3.(a) for more height information.
(2)
First floor height measured from calculated grade to top of finished first floor.
(3)
Lot coverage and floor area bonuses apply only to single-family dwellings.
(4)
See Section 30-2.5.(g) for more information about the garage bonus.
(5)
See Section 30-13.4.(i)(1) for more information about garage requirements.
(6)
The front porch bonuses only apply to front porches in accordance with Section 30-2.5.(h).
(7)
The attic floor area bonus applies to the space above the second floor and below the roof rafters; see also Section 30-2.5.(i).
(4)
Applicability of Contextual Bulk Regulations. For single-family dwellings, if the average height of all homes on either side and within one hundred (100) feet of the subject property is more than thirty (30) feet, the applicant may choose to apply the lot coverage and floor area formulas contained in Table 8-4: Contextual Bulk Regulations. If the mean average height of these homes is less than or equal to thirty (30) feet, the applicant may choose to apply the lot coverage and floor area formulas contained in Table 8-4.
NOTES:
(1)
See Section 30-8.3.(a) for more height information.
(2)
See Section 30-2.5.(g) for more information about the garage bonus.
(3)
See Section 30-13.4.(i)(1) for more information about garage requirements.
(4)
The front porch bonuses only apply to front porches in accordance with Section 30-2.5.(h).
(5)
The attic floor area bonus applies to the space above the second floor and below the roof rafters; see also Section 30-2.5.(i).
(e)
Impervious Surface Limits. In no event shall there be more impervious surface coverage upon a lot than given in Table 8-5: R, R1, R2, R3 and R4 Residential Zoning Districts Impervious Surface Coverage Requirements, except for the following conditions:
(1)
Properties improved with two-unit or townhouse/stacked flat dwellings located in the R2 district may cover up to sixty percent (60%) of the required rear yard with a detached garage.
(2)
Properties located along Lake Michigan may cover up to seventy-five percent (75%) of the required rear yard to accommodate the installation of a lake shoreline erosion control system necessary, as approved by the Illinois Department of Transportation or other designated body, to protect the integrity of the shoreline.
NOTES:
(1)
For the purpose of this section, the side yard adjoining a street shall end at the rear yard setback line, not the rear lot line.
(2)
Including but not limited to garages, sheds, playhouses, cabanas, sport courts, swimming pools, and similar structures.
(3)
Including but not limited to driveways, aprons, sidewalks, patios, decks, parking pads, and similar at-grade structures.
(4)
For single-family and two-unit dwellings, the maximum amount of coverage may be increased by ten percent (10%) of the allowable square footage of impervious surface coverage when all such flat surfaces in the yard are non-mortared pavers or a similar pervious surface over a non-compacted base.
(Code 1993, § 20-8.3; Ord. No. 2014-O-65, 11-11-2014; Ord. No. 2015-O-13, 4-14-2015; Ord. No. 2016-O-11, 4-1216; Ord. No. 2017-O-59, 10-10-2017)
(a)
Accessory Structures and Uses. See Section 30-13.4 (Accessory Structures and Uses) for standards covering accessory structures and uses.
(b)
Permitted Encroachments. See Section 30-13.5 (Permitted Encroachments) for standards governing encroachments.
(c)
Temporary Uses and Structures. See Section 30-13.6 (Temporary Uses and Structures) for standards governing temporary uses.
(d)
Off-Street Parking and Loading. See Article 30-14 (Off-Street Parking and Loading) for standards governing off-street parking and loading.
(e)
Landscaping and Screening. See Article 30-15 (Landscaping and Screening) for standards governing landscaping and screening.
(f)
Signs. See Article 30-16 (Signs) for standards governing signs.
(Code 1993, § 20-8.4)