(A) Permitted uses.
(1) Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the districts indicated under the conditions specified. Unless otherwise specifically set forth, wherever a permitted use is named as a major category in this subchapter, it shall be deemed to include all and only those itemized uses under the major category listed in the R1 District. No building or tract of land shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building or tract of land shall be located, with the exception of the following.
(a) Uses lawfully established on the effective date of this chapter.
(b) Conditional uses, allowed in accordance with the provisions of division (B) of this section.
(B) Conditional uses. Conditional uses, as hereafter listed, may be allowed in the zoning districts indicated, subject to the issuance of conditional use permits in accordance with the provisions of § 156.160. Unless otherwise specifically set forth, wherever a conditional use is named as a major category in this section, it shall be deemed to include all and only those itemized uses listed under the category in the R1 District.
(C) Lot size requirements. Lot size requirements shall be as specified under each zoning district in this subchapter. In addition, the following regulations shall be complied with:
(1) No building shall be converted so as to conflict with, or further conflict with, the lot size requirements of the district in which such building is located.
(2) No use shall be established or hereafter maintained on a lot recorded after the effective date of this chapter which is of less area or less width than prescribed hereinafter for such use in the zoning district in which it is to be located.
(D) Yard requirements and open space.
(1) Yard requirements shall be as set forth under each zoning district. Front, side and rear yards shall be provided in accordance with the regulations hereinafter indicated and shall be unobstructed from the ground level to the sky, except as allowed in § 156.010(E).
(2) All accessory buildings which are attached to principal buildings (such as, attached garages) shall comply with the yard requirements of the principal building.
(3) Front yards shall be as specified in each zoning district, except as may be established by the President and Board of Trustees and re-elected on the zoning district map.
(4) In single-family residential developments containing eight or more units, the yard requirements may be waived in order to encourage innovative design and to provide for such housing types as the atrium or patio house. Such waiver may be obtained only by conditional use permit, as provided within each residential district.
(5) Upon approval of the Plan Commission and President and Board of Trustees, as evidenced by acceptance of the subdivision plat, a developer shall be allowed to satisfy yard requirements by establishing "average" setbacks and varying front yards. However, in such instances, the average setbacks or yards shall be at least equal to the minimum prescribed for that district, and the shortest setbacks or yards shall be consistent with the public safety and health.
(E) Building bulk (volume) limitations. Building bulk limitations shall be expressed in terms of minimum yard requirements and maximum building height.
(I) Parking bans applicable to all residential districts.
(1) Class D commercial vehicles, or any vehicle exceeding the standards of a Class D commercial vehicle, shall not be parked or stored on a residentially zoned lot or in the public right-of-way or street immediately abutting the lot in any residential district at any time.
(2) Commercial vehicles shall not be parked or stored on a residentially zoned lot or in the public right-of-way or street immediately abutting the lots in any residential district at any time unless 100% enclosed in a garage or shed, or parked or stored in a designated parking area in a rear yard.
(3) Only non-commercial vehicles shall be allowed to be parked in the open on a lot or in the public right-of-way or street immediately abutting the lot in any residential district.
(4) An exemption from this division (I) is granted for emergency vehicles and for commercial vehicles standing or stopping temporarily, for up to 90 minutes at a time, for commercial vehicles making deliveries, contractors making repairs and the like.
(J) Functional families.
(1) Purpose. The village finds that regulations are needed to preserve and enhance residential neighborhoods as stable, quiet places for citizens to live and raise children, to protect public health, safety and welfare, and to maintain property values. The village also finds that some residential living arrangements differ from the traditional, biological family arrangement. This division (J) is intended to reasonably regulate residential occupancy while accommodating such alternative living arrangements. This division (J) is not intended to conflict with, but rather supplement, the fair housing goals, procedures and policies contained in Chapter 94 of the Village of Bellwood Code of Ordinances.
(2) Conditional use permit. Five or fewer unrelated persons seeking to occupy a dwelling unit as a single household must apply for and obtain a conditional use permit as a functional family unless such persons satisfy categories (2) and (3) of the definition of family contained in this chapter. No conditional use permit will be issued for a functional family unless:
(a) The applicants demonstrate that the proposed functional family has been licensed or certified by the State of Illinois as operators of a community residence prior to, or within 60 days of receiving a functional family conditional use permit;
(b) The functional family dwelling is located at least 1,800 feet from any existing functional family dwelling, as measured from lot line to lot line, unless the Plan Commission issues a separate conditional use permit exempting a functional family dwelling from the 1,800-feet requirement;
(c) It is demonstrated that the zoning lot meets the off-street parking requirements contained in division (J)(8) of this section; and
(d) First preference for occupancy in a functional family dwelling is accorded to persons who currently reside in the village or are children or parents of a person who resides in the village, through the submission of a written policy statement, to the extent permissible under applicable state and federal laws and regulations;
(3) Additional standards. For a functional family conditional use permit to issue, the Plan Commission must find the following in addition to the requirements set forth in § 156.160(G):
(a) The applicants share a strong bond or commitment to a single purpose (e.g., religious orders);
(b) The applicants are not legally dependent on others not part of the “functional family;”
(c) The applicants share a single household budget;
(d) The applicants prepare food and eat together regularly;
(e) The applicants share in the work to maintain the premises; and
(f) The applicants legally share in the ownership or possession of the premises.
(4) Additional conditions. The Plan Commission may impose such additional conditions it deems necessary to protect public health, safety and welfare, to protect individual property rights, and to ensure that the intent and objectives of this division (J) will be observed.
(5) Variations. Nothing in this division (J) prohibits the Village of Bellwood Board of Trustees from granting a variation from the requirements of this division (J) if the variation is reasonably necessary to provide a handicapped person (as defined in 42 U.S.C. § 3602) equal opportunity to use and enjoy a dwelling.
(6) Revocation. The village may revoke a functional family conditional use permit if any license or certificate to operate a community residence is revoked. The village may also revoke a functional family conditional use permit on the same grounds as those permitted in this code and by state and federal law.
(7) Lot size and yard requirements. Unless otherwise specified, the lot size and yard requirements for each dwelling occupied by a functional family will follow the requirements of the corresponding permitted use dwelling type (i.e., single-family detached dwelling, two-family dwelling) for which the functional family conditional use permit is sought.
(8) Off-street parking requirements. The off-street parking requirements for each dwelling occupied by a functional family will follow the requirements of the corresponding permitted use dwelling type (i.e., singly-family detached dwelling, two-family dwelling) for which the functional family conditional use permit is sought. In addition, a conditional use permit for a functional family is subject to the following off-street parking standards and regulations:
(a) Additional parking spaces may be required by the Zoning Board of Appeals if any of the following conditions are met:
1. The property is located more than 300 feet from a bus stop.
2. Street parking available for visitor or staff parking is limited.
3. The applicants intend to park more than two vehicles regularly on the site and there is limited area available for tandem parking in the driveway.
(b) In order for the Zoning Board of Appeals to determine if adequate parking will be provided, the applicants must submit a plan indicating the location of proposed off-street parking and an analysis of public parking and transit facilities provided within a 300-foot radius of the parcel.
(c) The Zoning Board of Appeals may defer the provision of up to 40% of the required spaces if shown on the approved plan for the permit. If the Zoning Administrator determines that some or all of the deferred parking spaces are needed, those spaces must be installed. Any person aggrieved by the Zoning Administrator’s determination may appeal as provided in § 156.152(B)(1).
(`95 Code, §156.040) (Ord. 83-11, passed 9- -83; Am. Ord. 94-5, passed 2-9-94; Am. Ord. 8-5, passed 1-9-08; Am. Ord. 8-105, passed 12-17-08)
Penalty, see § 156.999
Cross-reference:
Amendment to sections pertaining to home day care facilities, see § 156.182