The requirements set forth in this chapter, together with other provisions set forth in the Building Code of the Village, have been adopted in order to provide for a single-family residential environment of relatively intense suburban character, where the degree of improvements upon an individual parcel of land is in approximate balance with the landscape area of such parcel of land. Due to the mature character of development within this district, such requirements are also intended to assure that future modifications to existing structures, or the replacement of existing structures with new structures, will not alter the scale and general character of established neighborhoods. In this regard, the requirements set forth in this chapter are further intended to foster development which is compatible, in general, with the character of existing single-family development within the immediate neighborhood with respect to external architectural scale, landscaping and other site improvements.

(MC-6-2002, Amended, 05/21/2002; MC-8-2000, Amended, 11/21/2000, Lot width, front setback, and rear yard setback amended; MC-5-2000, Amended, 10/03/2000)

   Unless otherwise provided in this title, no building or premises shall be used and no building shall be erected or altered within the R-4 Single-Family Residential District, except for the following uses:

   A.   Principal Use. Single-family detached dwelling (to be occupied only by a single family as defined in Section 17.04.030).

   B.   Accessory Buildings and Uses. In addition to other conditions and requirements set forth in this title, buildings and uses accessory to a single-family detached dwelling shall be subject to the following conditions and requirements:

      1.   A permitted accessory use and the use of an accessory building shall not include the conduct of a business (except a home occupation as defined in Section 17.04.030).

      2.   A permitted accessory use shall not include the parking or storage of commercial trucks, commercial truck-trailers or commercial buses except in an enclosed garage building.

      3.   A permitted accessory use shall not include outdoor parking or storage of trailers or boats except in a rear yard.

      4.   A permitted accessory use and the use of an accessory building may include private garages with a total capacity of not more than four vehicles, in which may be housed not more than one vehicle not the property of the owner or occupants of the premises, and not more than one commercial vehicle which shall not exceed eighteen (18) feet in overall length, eight feet in overall height, and shall not be designed or constructed to carry a load greater than one and one-half tons, net.

      5.   Tennis courts and swimming pools shall not be located within a required side or front yard.

      6.   Tree houses shall not be located within a required side or front yard.

      7.   Air conditioning units shall not be located within a required yard.

      8.   Air conditioning units may be located closer to the street line than the principal building, provided the Zoning Administrator determines that they are properly screened.

      9.   Satellite receiving dishes having a surface area greater than eight feet, solar panels not principally incorporated into the design of a building, windmills and other energy recovery or generating devices shall be subject to the conditions and requirements set forth in Chapter 17.56.

      10.   An accessory dwelling unit, subject to the following conditions:

         a.   The accessory structure in which the accessory dwelling unit is located was constructed before March 20, 2012.

         b.   The accessory structure in which the accessory dwelling unit is located was originally constructed as a dwelling unit or was occupied as a dwelling unit at some point in time before March 20, 2012.

         c.   No accessory structure shall be modified to increase the number of accessory dwelling units above the number of accessory dwelling units (i) that were included in the accessory building as originally constructed or (ii) that were occupied in whole or in part as a dwelling unit at some point in time before March 20, 2012.

         d.   The accessory dwelling unit shall contain not less than three hundred fifty (350) square feet of interior, habitable floor area for the first two persons residing in such dwelling unit, plus one hundred fifty (150) square feet of interior, habitable floor area for each additional person residing in such accessory dwelling unit.

         e.   No more than seven persons shall reside in any accessory dwelling unit.

         f.   The owner of the accessory dwelling unit shall obtain a certificate of occupancy as provided in Section 17.72.020 and Chapter 15.36 of this code.

   C.   Special Use. As a special use, subject to the conditions and requirements set forth in Chapter 17.56, any one of the following:

      1.   Church or temple,

      2.   Public school, elementary and high, or private school having a curriculum equivalent to a public elementary school, public high school or public institution of higher learning;

      3.   Library,

      4.   Pre-school or pre-kindergarten in a nonresidential structure existing on August 19, 1979; provided that, the pre-school or pre-kindergarten program is licensed by the Department of Children and Family Services, pursuant to rules and regulations adopted pursuant to the Child Care Act of 1969, as a part-time day care center for children who are less than school aged; and provided further that, the pre-school or pre-kindergarten program is accredited as a pre-school or pre-kindergarten by the National Academy of Early Childhood Programs;

   D.   Essential Public Use. An essential public use shall be permitted either as a principal use or as an accessory use.

(MC-1-2012, Amended, 3/20/2012; MC-6-2005, Amended, 09/20/2005; MC-6-2002, Amended, 05/21/2002)