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Winnebago County Unincorporated
City Zoning Code

ARTICLE 8

- RESIDENTIAL DISTRICTS

Sec. 8.1.- General Purpose and Intent.

The Residential Districts are established in order to protect public health, safety, convenience, comfort, prosperity and welfare. The purpose of these districts includes, among others, the following:

A.

To primarily allow existing structures and uses within zoning districts to maintain conformity, allow for limited residential growth and meet the need for necessary and desirable services in the vicinity of residences.

B.

To promote the best use and development of residential land in accordance with the Winnebago County 2030 Land Resource Management Plan, to promote stability and protect the character of residential development.

Sec. 8.2. - R-A Rural Agricultural Residential District.

8.2.1 Purpose. The R-A Rural Agricultural Residential District is intended primarily for existing districts or neighborhoods of very low density, large lot single-family development though certain compatible non-residential uses, such as places of worship, are permitted. The low density permitted in the R-A District will generally permit, in accordance with applicable Health Department rules and the requirements of this Ordinance, on-site, individual sewage disposal systems and wells.

The R-A District incorporates the previous R-E Rural Estate, R-R Rural Residential and R-A Rural Agricultural Residential Districts as subdistricts. Recognizing that there are existing residential uses within these zoning districts, the uses, lots and structures in the County that developed, or were designated for development, in conformance with the regulations of those zoning districts, are recognized as legal conforming uses, lots and structures. The previous R-E Rural Estate, R-R Rural Residential and R-A Rural Agricultural Residential Districts will continue to be indicated as such on the zoning map and interpreted as subdistricts of this Ordinance's R-A District. The R-A District is primarily for areas previously zoned as R-E, R-R and R-A Districts as of the effective date of this Ordinance but limited new application is allowed only if developed as a minor subdivision, if divided, or no more than four (4) buildable lots are created via the plat act. No variances from this requirement are permitted.

8.2.2 Uses. Uses are allowed in the R-A District in accordance with Table 8.1.

8.2.3 Bulk and Yard Standards. All development in the R-A District is subject to the bulk and yard standards of Table 8.2.

Sec. 8.3. - R-1 Single-Family Residential District.

8.3.1 Purpose. The R-1 Single-Family Residential District is intended primarily for existing districts or neighborhoods of single-family development, though certain compatible non-residential uses, such as places of worship, are permitted. The R-1 District is primarily for areas previously zoned R-1 as of the effective date of this Ordinance but limited new application for rezoning is allowed only if developed as a minor subdivision, if divided, or no more than four (4) buildable lots are created via the plat act. No variances from this requirement are permitted.

8.3.2 Uses. Uses are allowed in the R-1 District in accordance with Table 8.1.

8.3.3 Bulk and Yard Standards. All development in the R-1 District is subject to the bulk and yard standards of Table 8.2.

Sec. 8.4. - R-2 Single-Family and Two-Family Residential District.

8.4.1 Purpose. The R-2 Single-Family and Two-Family Residential District is intended primarily for existing districts or neighborhoods of both single-family and two-family dwellings. Certain compatible non-residential uses, such as places of worship, are also allowed. The R-2 District is primarily for areas previously zoned R-2 as of the effective date of this Ordinance but limited new application for rezoning is allowed only if developed as a minor subdivision, if divided, or no more than four (4) buildable lots are created via the plat act. No variances from this requirement are permitted.

8.4.2 Uses. Uses are allowed in the R-2 District in accordance with Table 8.1.

8.4.3 Bulk and Yard Standards. All development in the R-2 District is subject to the bulk and yard standards of Table 8.2.

Sec. 8.5. - R-3 Multi-Family Residential District.

8.5.1 Purpose. The R-3 Multi-Family Residential District is intended primarily for existing districts or neighborhoods of higher density development that permits a range of housing options, including three-family, four-family, and multi-family dwellings. Certain compatible non-residential uses, such as places of worship, are also allowed. The R-3 District is primarily for areas previously zoned R-3 as of the effective date of this Ordinance but limited new application for rezoning is allowed only if developed as a minor subdivision, if divided, or no more than four (4) buildable lots are created via the plat act and/or no more than four (4) principal buildings are collectively erected on the zoning lot. No variances from this requirement are permitted.

8.5.2 Uses. Uses are allowed in the R-3 District in accordance with Table 8.1.

8.5.3 Bulk and Yard Standards. All development in the R-3 District is subject to the bulk and yard standards of Table 8.2.

Sec. 8.6. - R-4 Multi-Family Residential District.

8.6.1 Purpose. The R-4 Multi-Family Residential District is intended primarily for existing districts or neighborhoods of the highest density residential neighborhoods and permits a range of housing options, including four-family and multi-family dwellings. Certain compatible non-residential uses, such as places of worship, are also allowed. The R-4 District is primarily for areas previously zoned R-4 as of the effective date of this Ordinance but limited new application for rezoning is allowed only if developed as a minor subdivision, if divided, or no more than four (4) buildable lots are created via the plat act and/or no more than four (4) principal buildings are collectively erected on the zoning lot. No variances from this requirement are permitted.

8.6.2 Uses. Uses are allowed in the R-4 District in accordance with Table 8.1.

8.6.3 Bulk and Yard Standards. All development in the R-4 District is subject to the bulk and yard standards of Table 8.2.

Sec. 8.7. - R-MH Manufactured Home Park Residential District.

8.7.1 Purpose. The R-MH Manufactured Home Park Residential District is intended to regulate the development of manufactured home parks and to provide standards for their layout, design, required improvements, landscaping, screening and management in order to promote public health, safety and welfare. The development standards for the MHP District are intended to ensure compatibility with surrounding land uses and are most appropriate for areas indicated as high density residential on the 2030 Land Resource Management Plan.

8.7.2 Uses. Uses are allowed in the R-MH District in accordance with Table 8.1.

8.7.3 Bulk and Yard Standards. All development in the R-MH District is subject to the bulk and yard standards of Table 8.2.

Sec. 8.8. - Permitted and Special Uses.

8.8.1 Use Table.

Table 8.1: Residential Districts Permitted and Special Uses lists permitted and special uses for the residential districts. A "P" indicates that a use is considered permitted within that district. A "S" indicates that a use is considered a special use in that district and must obtain a special use permit. 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.

TABLE 8.1: RESIDENTIAL DISTRICT PERMITTED AND SPECIAL USES
R-AR-1R-2R-3R-4R-MHUSE STANDARDS
RESIDENTIAL
Accessory Living Quarters S S S Section 15.3.1
Community Residence - Small S S P P Section 15.3.6
Community Residence - Large P P Section 15.3.6
Day Care Home, Child or Adult P P P P P P Section 15.3.10
Dwelling, Single-Family P P P P
Dwelling, Two-Family P
Dwelling, Three-Family P
Dwelling, Four-Family P P
Dwelling, Multi-Family P P Section 15.3.12
Group Quarters S P
Manufactured Home Park (300,000 sq. ft. min.) P Section 8.9.3
Residential Care Facility P P Section 15.3.24
AGRICULTURAL
Stable for horses and goats, excluding billy goats - As an accessory to the Single-Family Dwelling (capacity onsite shall not to exceed 1 animal per acre) P* *Not permitted in sub-districts R-E and R-R
OPEN SPACE
Cemetery, Crematorium or Mausoleum S S S S S S
Golf Course S S S S S S
Outdoor Recreation S S S S S S
Parks/Playground P P P P P P
INSTITUTIONAL
Cultural Facility S S S S S
Educational Facility, Primary P/S* P/S* P/S* P/S* P/S* *Special use required for lots less than 5 acres
Educational Facility, Secondary P/S* P/S* P/S* P/S* P/S* *Special use required for lots less than 5 acres
Place of Worship
 Group Quarters (accessory to Place of Worship)
 Outdoor Entertainment (accessory to Place of Worship)
P/S*
S

S
P/S*
S

S
P/S*
S

S
P/S*
S

S
P/S*
P

S
P/S*
S
*Special use required for lots less than 5 acres
Government Facility P/S* P/S* P/S* P/S* P/S* P/S* *Special use required for lots less than 3 acres
Social Club or Lodge S S S S S Section 15.3.27
COMMERCIAL
Airports, Aircraft Landing Fields and Heliports S S S S S
Bed and Breakfast S S S Section 15.3.4
Office (for an office not meeting 18.3.8 standards) S S S S S S Section 24.4
Vacation Rentals S* *Not available in sub-district R-R
INDUSTRIAL
Wind Energy System (private; site service only; 1 per lot; 1 acre min. in R-A) P/S* S S S S S *Special use required for lots less than 1 acre.
Section 18.3.17 & Table 18.1
OTHER
Parking Structure S S S P P P
Planned Unit Development - PUD S* S S S S S *Not available for subdistrict RA-RA
Article 16
Utilities S S S S S S Section 15.3.30
Wireless Telecommunications - Lot Less Than 2 Acres S S S S S S Section 15.3.32
Wireless Telecommunications - Lot 2 Acres or Greater P P P P P P Section 15.3.32

 

(Ord. No. 2019-CO-032, 3-14-19)

Sec. 8.9. - Bulk and Yard Standards.

8.9.1 Bulk and Yard Standards Table.

Table 8.2: Residential Districts Bulk and Yard Standards contains the bulk and yard standards for the residential districts.

TABLE 8.2: RESIDENTIAL DISTRICTS BULK AND YARD STANDARDS
R-AR-1R-2R-3R-4R-MH
BULK STANDARDS
MINIMUM LOT AREA See Section 8.9.2 6,600sf 4,400sf/du, but no less than 8,800sf 2,900sf/du, but no less than 8,800sf 1,450sf/du, but no less than 8,800sf See Section 8.9.3
MINIMUM LOT WIDTH See Section 8.9.2 60 ft 60 ft 60 ft 60 ft See Section 8.9.3
MAXIMUM BUILDING HEIGHT 35 ft or no more than 2½ stories 35 ft or no more than 2½ stories 35 ft or no more than 2½ stories 40 ft or no more than 3 stories Four-Family: 40 ft or no more than 3 stories
MF: 50 ft or no more than 4 stories
See Section 8.9.3
MAXIMUM IMPERVIOUS SURFACE 45% 55% 60% 65% 65% N/A
DESIGN STAN-
DARDS
N/A See Section 8.10 See Section 8.10 See Section 8.10 See Section 8.10 See Section 8.10
MINIMUM YARD STANDARDS
FRONT YARD See Section 8.9.2 30 ft 30 ft 30 ft 30 ft See Section 8.9.3
INTERIOR SIDE YARD See Section 8.9.2 6 ft 6 ft; minimum of 12 ft between exterior walls of principal structures Three- and Four-Family: 6 ft; minimum of 12 ft between exterior walls of principal structures
MF: 10 ft; minimum of 20 ft between exterior walls of principal structures
Four-Family: 6 ft; minimum of 12 ft between exterior walls of principal structures
MF: 10 ft; minimum of 20 ft between exterior walls of principal structures
See Section 8.9.3
CORNER SIDE YARD See Section 8.9.2 30 ft 30 ft 25 ft 25 ft See Section 8.9.3
REAR YARD See Section 8.9.2 30 ft 30 ft 25 ft 25 ft See Section 8.9.3

 

8.9.2 Bulk and Yard Standards for the RA District.

The standards of Table 8.3: RA Subdistricts Bulk and Yard Standards applies to development within the RA District. The RA District incorporates the previous R-E Rural Estate, R-R Rural Residential and R-A Rural Agriculture Residential Districts, established prior to the effective date of this Ordinance, as three subdistricts of the RA District. New RA Districts must comply with the requirements of the RA-RA Subdistrict. The R-A District is primarily for areas previously zoned as R-E, R-R and R-A Districts as of the effective date of this Ordinance but limited new application is allowed only if developed as a minor subdivision, if divided, or no more than four (4) buildable lots are created via the plat act. No variances from this requirement are permitted.

TABLE 8.3: RA SUBDISTRICTS BULK AND YARD STANDARDS
RA-RARA-RERA-RR
BULK STANDARDS
MINIMUM LOT AREA Existing Lots: 2.5 acres
Lots Created After Ordinance Effective Date: 3 acres
1 acre 25,000sf
MINIMUM LOT WIDTH 200 ft 125 ft 100 ft
MINIMUM YARD STANDARDS
FRONT YARD 30 ft 30 ft 30 ft
INTERIOR SIDE YARD 25 ft 20 ft 10 ft minimum for each interior side yard but a total of 30 ft for interior lots
CORNER SIDE YARD 30 ft 30 ft 30 ft
REAR YARD 75 ft 60 ft 50 ft

 

8.9.3 Bulk and Yard Standards for the R-MH District. No mobile home, whether occupied or unoccupied, may be located or placed outside the mobile home district, except as follows:

A.

For use as a shelter on the site of a construction project, during the course of construction, provided the mobile home shall not be occupied for human habitation.

B.

For display purposes as a part of a mobile home sales or rental business, provided the mobile home shall not be occupied for human habitation.

C.

For use as a classroom on the site of an educational facility on a temporary basis, provided the mobile home is not occupied for human habitation.

D.

For replacement of an existing lawfully established mobile home, and only with special use approval.

Table 8.4: R-MH District Bulk and Yard Standards contains the bulk and yard standards for the R-MH District.

TABLE 8.4: R-MH DISTRICT BULK AND YARD STANDARDS
STANDARDS FOR MANUFACTUREDHOME PARKSTANDARDS FOR INDIVIDUAL HOME SITE WITHIN PARKSTANDARDS FOR SINGLE-FAMILY DWELLING
BULK STANDARDS
MINIMUM LOT AREA 300,000sf 6,600sf 6,600sf
MINIMUM LOT WIDTH 60 ft 60 ft
MAXIMUM BUILDING HEIGHT 35 ft or no more than 2½ stories 35 ft or no more than 2½ stories 35 ft or no more than 2½ stories
MINIMUM OPEN SPACE 2% of gross area
MINIMUM SEPARATION BETWEEN MANUFACTURED HOMES 20 ft 20 ft
DESIGN STANDARDS See Section 8.10
YARD STANDARDS
MINIMUM FRONT YARD 20 ft 20 ft 20 ft
MINIMUM INTERIOR SIDE YARD 10 ft 10 ft 10 ft
MINIMUM CORNER SIDE YARD 20 ft 20 ft 20 ft
MINIMUM REAR YARD 20 ft 20 ft 20 ft
MINIMUM PERIMETER YARD1 25 ft 25 ft 25 ft

 

1 The perimeter yard is measured along the property line of the manufactured home park. No structures are permitted within the perimeter yard.

Sec. 8.10. - Anti-Monotony Design Standards.

8.10.1 Purpose. The purpose of this section is to ensure sufficient variety and prevent monotony in single-family dwellings within major residential subdivisions, and to enhance the quality and character of residential construction in Winnebago County.

8.10.2 Applicability. New major residential subdivisions should meet the standards specified in Section 8.10.4, unless exempted below:

A.

A building permit was issued, or an application for building permit was submitted, prior to the effective date of this Ordinance.

B.

The lot is located within an existing single-family subdivision and platted prior to the effective date of this Ordinance.

C.

The building is part of a subdivision with lots having a lot area of one (1) acre or more.

D.

A building is part of a defacto subdivision created by metes and bounds via the plat act.

8.10.3 Standards for Determining Excessive Similarity.

A.

No single-family dwelling should be located adjacent to, or directly across the street from, a similar single-family dwelling.

B.

Two (2) or more of the following should be varied to avoid monotony and ensure quality:

1.

Variation in the number of stories.

2.

Variation in building material. When materials are changed, the change should occur throughout the entire front facade.

3.

Variation in entry treatment, including, but not limited to porches, stoops, turrets or columns.

4.

Variation in roof type, or roof height, material, pitch and/or shape.

5.

Variation in building footprint.

6.

Variation in garage entry and location including, but not limited to, front, side or rear loaded garages.

7.

Variation in architectural style.

8.10.4 Deviations. The Planning and Zoning Officer may approve exceptions to this section when the owner establishes that such exceptions are reasonably necessary and are not contrary to the purpose and intent of this section.

Sec. 8.11. - General Standards of Applicability.

8.11.1 Accessory Structures and Uses. See Article 15 for accessory structure and use standards.

8.11.2 Landscaping and Screening. See Article 20 for landscaping and screening standards.

8.11.3 On-Site Development Standards. See Article 18 for on-site development standards.

8.11.4 Off-Street Parking and Loading. See Article 23 for off-street parking and loading standards.

8.11.5 Permitted Encroachments. See Article 18 for permitted encroachments.

8.11.6 Signs. See Article 22 for sign standards.

8.11.7 Temporary Uses. See Article 18 for temporary use standards.