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(A) General provisions for accessory structures. Accessory structures shall be subject to the following standards, unless otherwise established by this Code.
(1) Construction phasing. No accessory structure shall be constructed prior to the construction of the principal building to which it is accessory.
(2) Location. Accessory structures are allowed in front, corner side, interior side, and rear yards.
(3) Height. The maximum height of an accessory structure shall be ten feet.
(4) Setbacks. Accessory structures shall be located a minimum of three feet from any rear lot line and three feet from any interior side lot line.
(B) Accessory structures table. Table 1244.04-A. Accessory Structures establishes the accessory structures allowed in each zoning district. Table 1244.04-A. Accessory Structures is not an exhaustive list of accessory structures that may be located within the city. Each structure is given one of the following designations for each zoning district.
(1) Permitted ("P"). A "P" indicates that the accessory structure does not require a building permit and is allowed by right within the designated district provided that it meets all applicable standards set forth in this section.
(2) Permitted with building permit ("B"). A "B" indicates that the accessory structure requires the approval of a building permit in accordance with Chapter 1443 (Permits and Certificates of Occupancy) and shall meet the use standards set forth in this section in order to be allowed within the designated district.
(3) No designation. The absence of a letter (a blank space) indicates that the structure is not allowed within the designated district.
(4) Use standards. Accessory structures that are designated as "Permitted" or "Permitted with Building Permit" may have use standards that must be met, as established in division (C) of this section.
Table 1244.04-A. Accessory Structures | |||||||||||
Accessory Structure | Districts | Use Standards | |||||||||
C-1 | C-2 | C-3 | C-4 | I | P | R-1 | R-2 | R-3 | R-4
| ||
Table 1244.04-A. Accessory Structures | |||||||||||
Accessory Structure | Districts | Use Standards | |||||||||
C-1 | C-2 | C-3 | C-4 | I | P | R-1 | R-2 | R-3 | R-4
| ||
Antenna and/or Satellite Dish | B | B | B | B | B | B | B | B | B | B | See § 1244.04(C)(1) |
Arbor, Pergola, or Trellis | B | B | B | B | B | B | B | B | B | B | None |
Ball Court | B | B | B | B | B | B | B | B | B | B | See § 1244.04(C)(2) |
Chicken Coop | B | B | B | See § 1244.04(C)(3) | |||||||
Deck or Patio | B | B | B | B | B | B | B | B | B | B | See § 1244.04(C)(4) |
Drive-Through Facility | B | B | B | See § 1244.04(C)(5) | |||||||
Fence or Wall | B | B | B | B | B | B | B | B | B | B | See § 1244.04(C)(6) |
Flag Pole | B | B | B | B | B | B | B | B | B | B | None |
Garage | B | B | B | B | B | B | B | B | B | B | See § 1244.04(C)(7) |
Gazebo, Greenhouse, or Shed | B | B | B | B | B | B | B | B | B | B | See § 1244.04(C)(8) |
Mechanical Equipment or Electrical Generator | B | B | B | B | B | B | B | B | B | B | See § 1244.04(C)(9) |
Outdoor Storage | B | B | B | B | B | B | See § 1244.04(C)(10) | ||||
Rainwater Cistern | P | P | P | P | P | P | P | P | P | P | None |
Recreational Equipment | P | P | P | P | P | P | P | P | P | P | None |
Small Wind Energy System | B | B | B | B | B | B | B | B | B | B | See § 1244.04(C)(11) |
Solar Energy Collection System | B | B | B | B | B | B | B | B | B | B | See § 1244.04(C)(12) |
Swimming Pool | B | B | B | B | B | B | B | B | B | B | See § 1244.04(C)(13) |
Wireless Telecommunication Antenna | B | B | B | B | B | B | B | B | B | B | See § 1244.04(C)(14) |
(C) Use standards for accessory structures. The following standards apply to accessory structures designated as permitted ("P") or permitted with building permit ("B") in the districts noted in the "Use Standards" column of Table 1244.04-A. Accessory Structures.
(1) Antenna and/or satellite dish: location. Allowed on the interior side or rear facade. If a location on the interior side or rear facade would prevent the device from functioning properly, the antenna and/or satellite dish may be located on the front or corner side facade provided that evidence of need is provided to the Zoning Administrator prior to installation.
(2) Ball court: location. Allowed in the rear yard, except that one basketball standard and backboard shall be allowed in any yard in the R-1, R-2, R-3, and R-4 Districts.
(3) Chicken coop. Chickens may be kept in chicken coops, chicken runs, and similar such enclosures in accordance with the following standards.
(a) Permit. Prior to erecting a chicken coop, an applicant must obtain a chicken coop permit from the Zoning Administrator and provide notice to all adjacent property owners. Such permits must be renewed annually.
(b) Location. Chicken coops are allowed in the rear yard of any single-family use in the R-1, R-2, or R-3 District.
(c) Setback. Chicken coops shall be located a minimum of ten feet from any lot line and a minimum of ten feet from the principal structure on the lot.
(d) Number. No more than two hens are permitted per zoning lot. Roosters are not permitted.
(e) Maintenance. Chicken coops shall be maintained in a manner that provides adequate lighting and ventilation, and protects chickens from cold weather, precipitation, rodents, predators, and trespassers. Chicken coops must be maintained in a sanitary condition and shall be cleaned of droppings, uneaten feed, feathers, and other waste so as not to become a nuisance.
(f) Slaughter. On-site slaughtering of chickens is prohibited.
(4) Deck or patio.
(a) Location. Allowed in the interior side and/or rear yard.
(b) Setback. The deck or patio shall follow the setback requirements for the zoning district in which it is located, except that a deck or patio may encroach up to ten feet into the required rear yard in the R-1, R-2, R-3, and R-4 Districts.
(5) Drive-through facility. Refer to Figure 1244.04-A. Drive-Through Facility.
(a) Location. The drive-through facility shall be located on the interior side or rear facade of the principal structure.
(b) Screening. The drive-through facility shall be screened from view of the street by building and/or landscape screening per the requirements of § 1250.05(A) (Parking Lot Perimeter Landscape Yard). Screening shall be designed in such a way as to avoid interference with visibility or access. If site orientation prevents the direct application of the standards of § 1250.05(A) (Parking Lot Perimeter Landscape Yard), alternative configurations for screening may be approved by the Zoning Administrator.
(6) Fence or wall. The following requirements apply to fences and walls unless otherwise specifically established in this Code. Refer to Figure 1244.04-B. Fence or Wall.
(a) Location. Fences and walls, including all posts, bases, and other structural parts, shall be located completely within the boundaries of the lot on which it is located.
1. Front yard. Fences and walls are prohibited in the front yard.
2. Corner side yard, interior side yard, and rear yard. Fences and walls are allowed in the interior side and rear yards and setbacks, and in the corner side yard and setback between the principal structure's rear facade and the rear lot line.
3. Second fence. A second fence may not be attached or installed parallel to an existing fence at the same lot line.
(b) Height. The maximum height of a fence or wall shall be measured from the ground at the base of the fence or wall and shall be subject to the following limitations.
1. Maximum height. The maximum height of a fence or wall shall be five feet, with one additional foot of decorative open trellis allowed on top of the fence or wall for a total height not to exceed six feet.
2. Maximum height adjacent to Commercial or Industrial Districts. A residential lot located directly adjacent to or across an alley from a Commercial or Industrial District may erect a solid fence or wall in the rear yard not to exceed a maximum height of six feet, including any decorative open trellis.
(c) Materials. The following requirements for materials apply to the construction of fences and walls, as well as any associated gates.
1. Allowed materials. Brick, stone, treated wood, simulated wood, PVC, chain link, and metal mesh are allowed materials.
2. Prohibited materials. No fence or wall may incorporate sharp or dangerous components. Barbed wire, exposed cinder block, exposed concrete block, corrugated metal, and razor wire are prohibited materials, except that chain link or barbed wire fencing may be allowed in the Commercial, Industrial, and Public Areas Districts with Zoning Administrator approval.
3. Finished face. The finished side of a fence or wall shall face outward from the lot.
(7) Garage. These standards apply to detached garages only. Attached garages are considered part of the principal structure and must comply with the requirements of Chapter 1246 (Zoning District Regulations).
(a) Location. Garages are allowed in the rear yard and setback and in the corner side yard and setback between the principal structure's rear facade and the rear lot line.
(b) Height. The maximum height of a garage shall be 16 feet for a garage with a pitched roof and 14 feet for a garage with a flat roof.
(c) Uses. Garage area shall not be used as habitable space and may not contain a kitchen, bathroom, or sleeping area.
(8) Gazebo, greenhouse, or shed.
(a) Location. Gazebos, greenhouses, and sheds are allowed in the rear yard only.
(b) Height. The maximum height of a gazebo, greenhouse, or shed shall be 12 feet.
(c) Gazebo design. Each side of a gazebo shall be at least 25% open.
(9) Mechanical equipment or electrical generator.
(a) Deemed conforming. Notwithstanding division (C)(9)(b) of this section, existing ground-based mechanical equipment that is located in a setback where it is not permitted as of the effective date of this Code shall be considered legally conforming and may be replaced and repaired. Such conforming status shall expire if the principal structure is demolished.
(b) Location. Ground-mounted mechanical equipment and electrical generators shall be located in the rear yard and shall be located at least five feet from the rear and interior side lot lines. Roof-mounted mechanical equipment shall be located a minimum of six feet from any supporting wall to facilitate safe access.
(c) Screening. Mechanical equipment and electrical generators shall be screened from view of the street with opaque fencing, landscaping, or building.
Figure 1244.04-A. Drive-Through Facility
Figure 1244.04-B. Fence or Wall
(10) Outdoor storage.
(a) Height. Outdoor storage materials shall not exceed six feet in height.
(b) Uses. Allowed outdoor storage uses include those listed below. Additional uses may be approved by the Zoning Administrator.
1. Growing and/or displaying plants associated with a greenhouse and/or nursery.
3. General manufacturing.
4. Contractor storage yards.
(c) Screening. The requirements of § 1250.07 (Screening Requirements) shall apply to outdoor storage.
(11) Small wind energy system. Small wind energy systems are intended primarily to reduce on-site consumption of utility power and consist of a wind turbine, tower or mounting device, and associated control or conversion electronics. Systems may be roof-mounted or ground-mounted in accordance with the following standards.
(a) General requirements. All small wind energy systems shall be subject to the following.
1. Building permit application. The application for a building permit shall include drawings of the wind turbine structure, including the tower, base, footings, and location on the site, and a line drawing of the electrical components in sufficient detail to determine whether the proposed system conforms to pertinent electrical codes.
2. Capacity. Systems shall have a rated capacity of 100 kilowatts or less.
3. Noise. Systems shall not exceed 60 dBA, as measured at the closest lot line. This level may be exceeded during short-term events such as utility outages and/or severe storms.
(b) Roof-mounted system. Roof-mounted systems shall adhere to the following.
1. Districts. Roof-mounted systems are allowed in the C-1, C-2, C-3, C-4, I, P, R-1, R-3, and R-4 zoning districts.
2. Location. Systems are allowed on the interior side or rear roof face of a principal structure, accessory structure such as a garage, gazebo, greenhouse, or shed, or other structure as allowed by the Zoning Administrator.
3. Height. The maximum height of a roof-mounted system shall be 15 feet above the height of the principal or accessory structure to which the turbine is attached.
(c) Ground-mounted system. Ground-mounted systems shall adhere to the following.
1. Districts. Ground-mounted systems are allowed in the C-1, C-2, C-3, C-4, I, and P Districts.
2. Location. System is allowed in all yards.
3. Height. The maximum height of a ground-mounted system shall be the height limit of the applicable zoning district.
4. Setback. All components of the ground-mounted system, such as the tower, blade, and guy wire anchors, shall be located a minimum of ten feet from any lot line.
5. Clearance. A ground-mounted system shall have a minimum of 15 feet of clearance.
(12) Solar energy collection system. Solar energy collection systems may be roof-mounted or ground-mounted in accordance with the following standards and those of Chapter 1424 (City of Chicago Electrical Code).
(a) Roof-mounted system. Roof-mounted systems shall adhere to the following.
1. Districts. Roof-mounted systems are allowed in all zoning districts.
2. Location. A roof-mounted system shall not be located on a roof face that runs parallel to and faces the front lot line.
3. Height. The maximum height of a roof-mounted system shall be five feet above the overall height of the principal or accessory structure to which the system is attached.
4. Angle. A roof-mounted system must be mounted at the same angle as or flush with the roof of the structure when visible from the street, excluding alleys.
(b) Ground-mounted system. Ground-mounted systems shall adhere to the following.
1. Districts. Ground-mounted systems are allowed in the C-1, C-2, C-3, C-4, I, and P Districts.
2. Location. Ground-mounted systems are allowed in the interior side and rear yards.
3. Height. The maximum height of a ground-mounted system shall be the height limit of the applicable zoning district.
4. Screening. System shall be screened from view of the street by building or landscape screening per the requirements of § 1250.05(A) (Parking Lot Perimeter Landscape Yard).
(13) Swimming pool. The following standards apply to swimming pools with a maximum depth equal to or greater than 24 inches.
(a) Building Code. The installation or replacement of a swimming pool shall comply with all requirements of the International Building Code, including those for swimming pool enclosures and safety devices.
(b) Location. Swimming pools are allowed in the rear yard and setback, but shall be located at least three feet from the rear lot line and shall not extend into the corner side or interior side yards.
(c) Height. Aboveground pools shall not exceed six feet in height, including attached fences, railings, and/or other structural or decorative additions, and shall not be in close proximity to any telephone or electrical lines and cables, as determined by the Zoning Administrator.
(d) Distance from other structures. A swimming pool shall be a minimum of five feet from any other structure or building on the lot, with the exception of an attached permanent deck or patio.
(14) Wireless telecommunication antenna.
(a) General requirements. Wireless telecommunication antennas shall meet the requirements established in § 1244.03(CC)(1) (General Requirements).
(b) Height. The maximum height of a wireless telecommunication antenna shall not exceed 10% of the overall height of the building or structure on which it is mounted. A wireless telecommunication antenna attached to a wireless telecommunication tower shall not cause the overall height of the tower to exceed 100 feet.
(c) Stealth design. All wireless telecommunication antennas, including those co-located on a wireless telecommunication tower, shall utilize stealth design to blend into the surrounding environment.
1. A wireless telecommunication antenna must be enclosed, camouflaged, screened, or obscured so that it is not readily apparent to a casual observer.
2. A wireless telecommunication antenna shall blend into another part of the structure upon which it is mounted, such as a rooftop, tower, spire, or other similar feature.
(D) Home occupations. Home occupations are allowed in the C-1, C-2, C-3, C-4, R-1, R-2, R-3, and R-4 Districts, subject to the following standards.
(1) Certificate and fee required. Home occupations shall meet the requirements of the Municipal Code (§ 802.15 Certificates for Home Occupations; Fee).
(2) Location. A home occupation may not be located in an accessory structure.
(3) Uses. Examples of allowed home occupations include artist, consultant, counselor, craftsperson, designer, tutor, writer, and instructor of music, craft, or fine art.
(4) Space limitation. No more than 25% of the total square footage of the dwelling unit may be used for the home occupation. All activities associated with the home occupation shall occur entirely within the dwelling unit.
(5) Hours of operation. Allowed hours of operation are from 7:00 a.m. to 9:00 p.m. for home occupations with outside visitors.
(6) Residency of operator. The operator of the home occupation shall reside in the dwelling unit where the home occupation is located.
(7) Employees. One additional nonresident employee is allowed.
(8) Visitors. A maximum of four visitors, such as clients, customers, or pupils, may be present within the home occupation at any given time.
(9) Parking. Any parking needs associated with the home occupation shall be accommodated on-site within an existing driveway or garage.
(10) Deliveries. Deliveries and shipments are not allowed from the premises, with the exception of carriers that typically provide service to residential neighborhoods, such as the U.S. Postal Service and/or express shipping services (UPS, FedEx, DHL).
(11) Signs. Signs associated with the home occupation must comply with the requirements of the Municipal Code (Chapter 1476 Signs).
(Ord. 17-31, passed 9-12-2017)
Temporary structures and uses shall be subject to the requirements of this section.
(A) Temporary structures and uses table. Table 1244.05-A. Temporary Structures and Uses establishes the allowed temporary structures and uses for each zoning district. Table 1244.05-A. Temporary Structures and Uses is not an exhaustive list of temporary structures and uses that may be located within the city, but rather those that have additional development requirements or require city approval. Each structure or use is given one of the following designations for each zoning district.
(1) Permitted ("P"). A "P" indicates that the temporary structure or use is allowed by right within the designated district provided that it meets all applicable use standards set forth in this section.
(2) Permitted with temporary use permit ("T"). A "T" indicates that the temporary structure or use requires the approval of a temporary use permit (refer to § 1252.03(H) (Temporary Use Permit)) and must meet any applicable use standards set forth in this section in order to be allowed within the designated district.
(3) No designation. The absence of a letter (a blank space) indicates that the use is not allowed within the designated district.
(4) Use standards. Temporary structures or uses that are designated as "permitted" or "permitted with temporary use permit" may have use standards that must be met, as established in division (B) of this section.
Table 1244.05-A. Temporary Structures and Uses | |||||||||||
Temporary Structures and Uses | Districts | Use Standards | |||||||||
C-1 | C-2 | C-3 | C-4 | I | P | R-1 | R-2 | R-3 | R-4
| ||
Table 1244.05-A. Temporary Structures and Uses | |||||||||||
Temporary Structures and Uses | Districts | Use Standards | |||||||||
C-1 | C-2 | C-3 | C-4 | I | P | R-1 | R-2 | R-3 | R-4
| ||
Contractor Trailer or Model Unit | P | P | P | P | P | P | P | P | P | P | See § 1244.05(B)(1) |
Farmers Market | T | T | T | T | T | See § 1244.05(B)(2) | |||||
Garage or Yard Sale | P | P | P | P | See § 1244.05(B)(3) | ||||||
Seasonal Sale | T | T | T | T | T | T | See § 1244.05(B)(4) | ||||
Sidewalk Sales | T | T | T | T | See § 1244.05(B)(5) | ||||||
Temporary Outdoor Entertainment | T | T | T | T | T | See § 1244.05(B)(6) | |||||
Temporary Storage Container | P | P | P | P | P | P | P | P | P | P | See § 1244.05(B)(7) |
(B) Use standards for temporary structures and uses. The following standards apply to temporary structures and uses designated as permitted ("P") or permitted with temporary use permit ("T") in the districts noted in the "Use Standards" column of Table 1244.05-A. Temporary Structures and Uses. Temporary uses may be located outdoors or within an enclosed building or structure.
(1) Contractor trailer or model unit: duration. Contractor trailers shall be limited to the period of active construction of the project. Model units, including temporary real estate offices, shall be limited to the period of active selling and/or leasing of space in the development ,or six months after issuance of the final occupancy permit, whichever is less.
(2) Farmers market: products for sale. The following products may be offered for sale if they are grown or produced by the vendor: fresh dairy goods, fruits, vegetables, meats, juices, flowers, plants, herbs, spices, baked goods, and/or arts and crafts.
(3) Garage or yard sale: duration. Garage and yard sales shall be limited to a period of two consecutive days. A maximum of two garage and/or yard sales shall be allowed for the same residence within a 12-month period. Garage or yard sales may be held between the months of March and October only.
(4) Seasonal sales.
(a) Temporary use permit application. Approval of a temporary use permit for a seasonal sale shall be based on the adequacy of the lot area, provision of parking and traffic access, and public safety, as well as the absence of undue adverse impacts on other properties.
(b) Duration. Seasonal sales shall be limited to a period of up to 45 days. The Zoning Administrator may grant additional time or successive permits through the temporary use permit process.
(5) Sidewalk sales.
(a) Duration. Sidewalk sales shall be limited to a period of three consecutive days. A maximum of three sidewalk sales shall be allowed for the same retailer within a 12 month period.
(b) Sidewalk clearance. A minimum of five feet of sidewalk clearance must remain available for pedestrians.
(c) Storage. Merchandise must be stored inside the building during non-business hours.
(6) Temporary outdoor entertainment.
(a) Other local regulations. Temporary outdoor entertainment shall comply with the requirements of the Municipal Code (Chapter 802 Business Regulation Certificates) and other local regulations.
(b) Temporary use permit application. Approval of the temporary use permit shall be based on the adequacy of the lot area, provision of parking, traffic access, and public safety, as well as the absence of undue adverse impacts on adjacent properties. The temporary use permit application shall include the following:
1. Site plan. As part of the temporary use permit application, the operator of the event must submit a site plan to the city prior to the event that illustrates the location of major site components and ingress and egress routes for emergency vehicles.
2. Proof of state inspection. The operator of the event shall provide proof that all amusement devices have been inspected and approved by the State of Illinois Department of Labor.
(c) Location. Temporary outdoor entertainment shall not be located directly adjacent to a residential district.
(d) Bulk and yard requirements. Temporary outdoor entertainment is exempt from Chapter 1246 (Zoning District Regulations).
(7) Temporary storage container.
(a) Duration. Temporary storage containers shall be located on a lot for a period of no more than seven consecutive days, unless used in conjunction with an approved building permit.
(b) Number. No more than one temporary storage container is permitted per zoning lot.
(c) Improved surface. The temporary storage container shall be located on an improved surface. Containers shall not be permanently attached to the ground, have permanent utility service, or be stacked atop one another.
(Ord. 17-31, passed 9-12-2017)
All uses shall comply with the performance standards established in this section unless any federal, state, county, or local regulation establishes a more restrictive standard, in which case, the more restrictive standard shall apply.
(A) Noise. No activity or use shall be conducted in a manner that generates a level of sound, as measured on another property, greater than that allowed by federal, state, county, and local regulations, as amended. These limits shall not apply to construction noises, noises emanating from safety signals or warning devices, noises not directly under the control of the owner or occupant of the property, and transient noises from moving sources, such as motor vehicles, railroads, and aircraft.
(B) Odor. No activity or use shall be conducted in a manner that generates odors of such intensity and character as to be harmful to the health, welfare, or comfort of the public. Any such use shall be stopped or modified so as to remove the odor.
(C) Dust and air pollution. Dust and air pollution carried by the wind from sources such as storage areas, yards, roads, equipment, and the like, within lot boundaries, shall be kept to a minimum by appropriate landscaping, screening, paving, wetting, or other acceptable means.
(D) Glare and heat. No activity or use shall be conducted in a manner that generates glare or heat that may be detected at any point off the lot on which the use is located. Light sources shall be shielded so as not to cause a nuisance across lot lines.
(E) Vibration. No activity or use shall be conducted in a manner that generates earthborn vibration which can be detected at any point off the lot on which the use is located.
(F) Fire and explosion hazards. Materials that present potential fire and explosion hazards shall be transported, stored, and used only in conformance with all applicable federal, state, county, and local regulations.
(G) Hazardous, radioactive, and toxic materials. No activity or use shall produce hazardous, radioactive, or toxic material without prior notice to the city. Notice shall be given to the city at least 30 days before the operation is commenced. The transport, handling, storage, discharge, clean up, and disposal of all hazardous, radioactive, or toxic materials, including waste, shall comply with applicable federal, state, county, and local regulations.
(Ord. 17-31, passed 9-12-2017)
Commercial uses not otherwise allowed as permitted or special uses in the R-l, R-2 and R-3 Zoning Districts may be approved as a special commercial use when located in qualifying commercial structures on corner properties or interior lots that abut corner properties in the R-1, R-2 and R-3 Zoning Districts, subject to the following standards,
(A) General provisions for special commercial use. A special commercial use may be located in a qualifying commercial structure subject to the following standards.
(1) Qualification. Structures in R-1, R-2. and R-3 Zoning Districts, which occupy corner lots or interior lots that abut corner lots, may qualify as a commercial structure for use by a special commercial use if the structure is historically designed as having commercial structural characteristics.
(2) Special use. An applicant may only locate a proposed special commercial use in a qualifying commercial structure following an application for, and the approval and issuance of, a special use permit in accordance with § 1252.03(C). In addition, any application for a special commercial use under this section must be accompanied by information establishing the proposed structure as a qualifying commercial structure, as well as a plan to preserve or restore the historical commercial design characteristics of the structure.
(3) Use standards. Commercial uses seeking to locate as a special commercial use in a qualifying commercial structure may have specific use standards that must be met, as established in § 1244.03 (Use Standards), and referenced in the "Use Standards" column of Table 1244.02-A (Use Table).
(Ord. 20-17, passed 4-14-2020)