(A) Description of district. This district is the smaller of the two estate residential districts, which provide for a transition from low-density subdivisions to the agricultural districts. It is the intent of this district to provide larger single family residential lots within a subdivision setting while allowing for greater separation between dwellings.
(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:
(a) Public parks, public playgrounds, public golf courses and public community center buildings.
(b) Public and parochial schools.
(c) Public libraries, in conjunction with schools.
(d) Parish houses and convents, in conjunction with schools.
(e) Essential services - gas regulator stations, telephone exchanges, electric substations.
(1) Similar and compatible uses to those allowed as permitted uses in this district.
(2) Churches and other places of worship, provided that the property for the use fronts on a primary or secondary thoroughfare so designated in the comprehensive plan.
(3) Country clubs, tennis clubs, swimming pools, and similar recreational uses.
(4) Planned unit developments.
(5) Small community residences located within 1,000 feet of another community residence, as measured from lot line to lot line.
(6) Large community residences.
(D) Temporary permit uses permitted. The following uses may be operated as temporary uses, provided compliance with § 156.201:
(1) Temporary building or yard for construction materials and/or equipment, both incidental and necessary to construction of a permitted or special use on the property or within the same development project. Each permit shall specify the location of the building or yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive periods at the same location.
(2) Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each such permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location.
(3) Real estate subdivision sign not to exceed 100 square feet for each face. Sign shall be nonilluminated. Each permit shall specify the location of the sign. Each such permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location.
(4) Trailer, to be used during the construction of a residence by the trailer owner and not to exceed one year.
(E) Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or special use may be permitted, provided that they 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 garage(s), storage building(s), pool house(s). The cumulative area of the footprints of these accessory structures must be smaller than the footprint of the principal structure on the property, including any attached garage.
(3) One shed not to exceed 180 square feet in size and no more than 15 feet in height.
(4) Accessory uses, buildings or other structures in the RE-2 District shall comply with the following:
(a) Setback and separation. No part of an accessory building or structure shall be located closer than 15 feet to the side or rear lot line nor 10 feet to the principal building. For each foot over 20 feet in length that the wall of an accessory structure parallels and is next to the principal structure, the required distance between the structures shall be increased by an additional foot.
(b) Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.
(c) Rear yard. No accessory building or buildings shall occupy more than 40% of the area of a required rear yard.
(d) Height. No accessory buildings and structures shall exceed the height of the principal structure, but in no case more than 25 feet. No shed shall exceed 15 feet in height.
(e) Reversed corner lots. On a reversed corner lot, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than the required front yard on the adjacent lot to the rear.
(f) Material. All sheds or accessory buildings must be of the same or similar building material and color of the principal building, and of exterior look and finish that is complementary to the principal structure.
(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;
(9) General farming;
(10) Nurseries;
(11) Commercial greenhouses; and
(12) Riding stables or horse breeding farms.
(G) Site and structure requirements.
(1) Minimum lot area. A separate ground area of not less than 45,000 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 120 feet shall be provided for each lot used for a permitted or special use.
(3) Front yard. All structures shall be set back at least 40 feet from the front line.
(4) Side yard. All structures shall be set in from the side lot line a distance of not less than 15 feet on each side.
(5) Rear yard. All structures shall be set in a distance of not less than 40 feet from the rear lot line.
(6) Maximum height. No principal structure shall exceed two and one-half stories or 35 feet in height.
(7) Floor area ratio. Not to exceed 0.25.
(8) Minimum size of dwelling. Each single-family detached dwelling and any other structure occupied in whole or in part for residential purposes shall contain at least 1,500 square feet of livable floor area, exclusive of basement or garage space.
(9) Adjoining lots.
(a) In the instance whereby two adjacent and contiguous residentially zoned lots of the same zoning district 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 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 § 156.034 and licensing requirements of Chapter 99.
(Ord. 2018, passed 7-6-20)