(A) Description of district. This district provides for the protection of certain older area of the community developed principally for single-family uses. The purpose of this district is to stabilize and preserve the residential character of existing areas. Uses permitted in the R-2 district are the same as those permitted in the R-1 district, but bulk regulations permit higher densities in conformity with existing conditions.
(B) Uses permitted. No land shall be used or occupied and no building, structure, or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:
(1) Residential uses.
(a) Single-family detached dwellings.
(b) Small community residence, provided that the residence's sponsoring agency and/or owner must first obtain an administrative occupancy permit prior to establishing a small community residence. No dwelling unit shall be occupied by a small community residence until a certificate of occupancy has been issued by the Village Administrator.
1. No certificate of occupancy shall be issued for a small community residence unless:
a. The small community residence is located at least 1,000 feet from any other community residence, as measured from lot line to lot line; and
b. The applicant demonstrates that it has either obtained or is eligible for state or local licensing or certification to operate the proposed small community residence or that the proposed small community residence is licensed or certified or eligible for licensing or certification.
2. The Village Administrator may revoke a certificate of occupancy for a small community residence if its license or certification, or the operator/owner's license or certification to operate community residences is revoked or not issued within a reasonable period of time. An administrative certificate of occupancy is not transferable to another operator/owner or to another location.
(2) Public, quasi-public and governmental buildings and facilities, such as but not limited to public, quasi-public and governmental buildings permitted in the R-1 District.
(1) Similar and compatible uses to those allowed as permitted uses in this district.
(2) Special uses permitted in the R-1 district.
(3) Small community residences located within 1,000 feet of another community residence, as measured from lot line to lot line.
(4) Large community residences.
(D) Temporary permit uses permitted. Upon application to the Planning and Zoning Commission, review and recommendation by the Planning and Zoning Commission, and issuance by the Village Board of a permit therefor, the following uses may be operated as temporary uses:
(1) Temporary permit uses permitted in the R-1 district.
(E) Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditional permitted use may be permitted, provided that they are in accordance with § 156.023, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include, but are not limited to:
(1) Accessory uses permitted in the R-1 district.
(2) Detached garages.
(F) Prohibited uses. All uses not expressly authorized in divisions (B), (C), (D) and (E) of this section, including but not limited to:
(1) Mobile homes.
(2) Hotels and motels.
(3) Commercial uses.
(4) Industrial uses.
(5) Signs and billboards.
(6) Roomers and boarders.
(7) Air-inflated and air-supported structures, excluding temporary inflatable playground structures.
(8) Sexually oriented businesses, as defined in Chapter 115.
(G) Site and structure requirements.
(1) Minimum lot area. A separate ground area of not less than 7,500 square feet shall be designated, provided and continuously maintained for each structure or land containing a permitted or special use.
(2) Minimum lot width. A minimum lot width of 100 feet shall be provided for each lot used for a permitted or special use, however the minimum lot width shall not apply to any lots created on or before January 1, 2005, provided that all other site and structure requirements of this section are complied with.
(3) Front yard. All structures shall be set back at least 30 feet from the front lot line.
(4) Side yard. All structures shall be set in from the side lot line a distance of not less than ten feet on the least side, with the sum of the two sides not less than 20 feet.
(5) Rear yard. All structures shall be set in a distance of not less than ten feet from the rear lot line.
(7) Floor area ratio. Not to exceed .4.
(8) Minimum size of dwelling. Each single- family detached dwelling and any other structure occupied in whole or part for residential purposes shall contain at least 1,000 square feet of livable floor area, exclusive of basement or garage space.
(9) Reconstruction. If any structure in this zoning classification is damaged or destroyed, it may be reconstructed on the same location without regard to the site and structure requirements listed herein if the structure was originally constructed on or prior to the adoption of this chapter.
(10) Adjoining lots.
(a) In the instance whereby two adjacent and contiguous single family zoned lots are under single ownership, it is permissible to construct a principal structure over the interior lot line of the two lots, while conforming to all other village ordinances to include, but not be limited to, the remaining front, side and rear setbacks for all other lot lines. Lot improvements must also conform to approved engineering design standards to include, but not limited to, drainage and grading design. Prior to the issuance of a building permit, the following conditions must be met:
1. Any applicable easement grantee must vacate all easements that may exist over the interior lot line; and
2. The owner must consolidate the Property Index Numbers through the respective county or township.
(b) Both lots must remain in single continuous ownership and may not be divided or conveyed in parts as long as the principal structure remains intact. On behalf of the village, the Village Administrator is authorized to vacate any village easements that are not required for overall site utility or drainage purposes.
(H) Special provisions.
(1) Parking requirements.
(a) Every detached single-family dwelling unit shall include a two-car attached or detached garage.
(3) Trucks. Parking of trucks on residential properties in accordance with the applicable regulations set forth in § 156.033.
(5) Tents. Tents shall not be erected, used, or maintained on any lot, except such small tents that are customarily used for temporary recreational purposes.
(7) Ancillary buildings, structures or uses subject to § 156.031.
(8) Raising and maintaining hens is a permitted use subject to the applicable regulations of § 156.035 and licensing requirements of Chapter 99.
(Ord. 95, passed 4-5-71; Am. Ord. 116, passed 5-7-73; Am. Ord. 506, 2-6-89; Am. Ord. 632, passed 1-7-91; Am. Ord. 779, passed 12-6-93; Am. Ord. 1393, passed 7- 18-05; Am. Ord. 1501, passed 8- 20-07; Am. Ord. 1570, passed 1- 19-09; Am. Ord. 1699, passed 7-2- 12; Am. Ord. 1742, passed 5-6-13; Am. Ord. 1906, passed 11-6-17; Am. Ord. 2018, passed 7-6-20)
Cross-reference:
Backyard chicken licensing, see Ch. 99