(A) Intent. Residential districts and their regulations are established herein in order to achieve, among others, the following purposes:
(1) To regulate the bulk and location of buildings in relation to the land in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the district;
(2) To regulate the density and distribution of population to avoid congestion and to maintain adequate services;
(3) To provide for the proper location of community and shopping facilities so as to increase the general convenience, safety and amenities;
(4) To provide protection from noxious fumes, odors, dust, excessive noises, invasion of abnormal vehicular traffic and other objectionable influences; and
(5) To protect the desirable characteristics of exiting residential development, the promotion of stability and the most desirable and beneficial use of the land.
(B) Permitted buildings and uses. Buildings and land shall be used, and buildings shall be erected, altered, moved and maintained only for the uses set forth as permitted in the following schedule:
District | Main Buildings and Uses | Accessory Building and Use |
District | Main Buildings and Uses | Accessory Building and Use |
R-1 | One-family dwellings | Private garages and parking areas |
By conditional use permit: public and private schools library and other public buildings; parks, playgrounds and other public land uses; churches, public water supply reservoir, tower and pumping station; public sewage treatment works | Private garden and recreational uses, structures, pools, fences and walls, homes offices and occupations renting of rooms, accessory living accommodations; raising of domestic animals, name plates, bulletin boards, real estate signs | |
R-2 | Main buildings and uses permitted in R-1 District | Accessory uses permitted in R-1 District |
One and two-family dwellings | Rooms for tourists | |
By conditional use permit: same uses enumerated in R-1 District | Rooming houses, home for children, home for aging, hospitals, clinics, fraternal organizations and private clubs | |
Storage garages and parking areas for automobile as accessory to two-family dwellings | ||
R-3 | Main buildings and uses permitted in R-2 District | Accessory uses permitted in R-2 District |
Apartments and townhouses | Storage garages and parking areas for automobiles accessory to multifamily dwellings | |
By conditional use permit: Same uses enumerated in R-2 District | ||
(C) Accessory uses.
(1) Parking and garage facilities. Private and storage garages and open off-street parking areas shall be permitted in residential districts of accessory to a dwelling, an institution or of the use is considered and approved as a conditional use in accordance with the standards and regulations set forth in § 155.50(G).
(2) Home professional offices. An office may be permitted in residential districts in the home of a person practicing any of the recognized professions, including accountant, architect, artist, engineer, lawyer, musician, physician, provided:
(a) No more than one assistant other than members of the resident family work therein;
(b) The residential character of the dwelling exterior shall not be changed;
(c) Equipment which will create any electrical disturbances beyond the premises shall not be utilized; and
(d) Parking facilities are provided in accordance with § 155.30.
(3) Home occupations. Gainful home occupations may be permitted in certain residential districts including home crafts such as baking, dressmaking, millinery, weaving, home decorating; services such as beauty shop, repairing furniture and radios, sharpening tools; office space for businesses or services such as real estate, selling or taking orders for merchandise, contracting work, provided:
(a) Only members of the family residing within the dwelling shall work therein;
(b) The occupation is conducted wholly within a building and the space used for production and sale does not occupy more than 25% of the floor area of a detached building;
(c) No merchandise shall be sold except that which is produced or processed on the premises;
(d) No mechanical equipment shall be used which will create any dust, noise, odors, glare, vibrations or electrical disturbances beyond the lot;
(e) The residential character of the dwelling exterior or accessory building shall not be changed; and
(f) Parking facilities are provided in accordance with § 155.30.
(4) Renting of rooms. The renting from a resident family, of not more than one room to not more than one person, shall be permitted in any residential district.
(D) Area, yard and height regulations. Land and buildings shall be used only in accordance with the lot area regulations; and buildings shall be erected, altered, moved and maintained only in accordance with the following area, yard and building height regulations.
(1) The area for a zoning lot shall be not less than the width required for the type of dwelling or other building permitted in the district in which the lot is located as set forth in division (E) below, multiplied by the number of units in the building.
(2) The width of a zoning lot shall be not less than the width required for the type of dwelling or other building permitted in the district in which the lot is located as set forth in division (E) below, or as modified in subsequent sections, and shall be measured at the building line. Each one and two-family zoning lot shall abut upon a dedicated street for the required lot width, except on curved streets, width at the front line may be less provided the lot width at the building line meets the required lot width of the particular district.
(3) The front yard depth, or setback, of a zoning lot shall be not less than the depth set forth in division (E) below for the type of dwelling or other building permitted in the district in which it is located.
(4) Two side yards shall be provided for every one- and two-family dwelling on a zoning lot. Widths of side yards of a lot shall be not less than the respective dimensions as set forth in division (E) below. In no case will the distance between detached one-family dwellings be less than 20 feet in any R-l Residence District, or ten feet between detached one and two-family dwelling in any R-2 Residence District.
(5) The rear yard depth of a zoning lot for main buildings shall be not less than the depth set forth in division (E) below, for the district in which it is located, or not less than 25% of the depth of the lot, whichever is the lesser. A detached accessory building shall be located in accord with yard regulations as set forth in division (M) below.
(E) Schedule of area, yard and height regulations.
District | Dwelling Type | Min. Lot Area per Dwelling Unit (sq. ft.) | Min. Lot Width of Lot (ft.) | Front Yard Depth (ft.) | Side Yard (ft.) | Rear Yard Depth (ft.)* | Max. Height Main Building (Stories) |
District | Dwelling Type | Min. Lot Area per Dwelling Unit (sq. ft.) | Min. Lot Width of Lot (ft.) | Front Yard Depth (ft.) | Side Yard (ft.) | Rear Yard Depth (ft.)* | Max. Height Main Building (Stories) |
R-1 | 1 Fam. Dw. | 9,500 | 70 | 40 | 10 | 30 | 2 |
R-2 | 1 Fam. Dw. | 8,500 | 65 | 20 | 5 | 20 | 2 |
2 Fam. Dw. | 4,200 | 65 | 20 | 5 | 20 | 2 | |
R-3 | 1 Fam. Dw. | 7,500 | 50 | 20 | 5 | 20 | 2 |
2 Fam. Dw. | 3,750 | 50 | 20 | 5 | 20 | 2 | |
Townhouse | 2,500 | 70 | 20 | ** | ** | 2 | |
Apartment | 1,250 | 100 | 20 | ** | ** | 6 | |
* Rear yard depth, 25% of the yard depth or the depth shown in this schedule | |||||||
** Yard dimensions determined by formula, division (F) below | |||||||
(F) Multifamily dwellings yard regulations.
(1) In order to encourage greater flexibility in design and more attractive arrangements of buildings and greater utilization of open spaces, yard regulations for multifamily dwellings are hereby established for single development and yard regulations for locating several buildings with a group development.
(2) The yards of multifamily buildings shall be related to the space within the dwelling units as well as the yards. Buildings shall be arranged so as to assure privacy between adjacent buildings and intersecting wings of buildings, from streets, parking and recreation areas in accordance with the following.
(a) Definitions. For the purpose of this division (F), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
END OR SECONDARY WALL. Any exterior wall of a multifamily building other than a main wall and containing secondary windows required for ventilation and not intended to provide a direct view.
GROUP DEVELOPMENT. A development of more than one multifamily building on a parcel planned as a unit and coordinated with the surrounding neighborhood.
MAIN WALL. Any exterior wall of a multifamily building containing the principal windows of a living, dining and/or sleeping room or rooms.
OVERLAPPING WALLS. The portion of the exterior walls which are directly opposing when two buildings, parallel or within 30 degrees of being parallel, face each other across an open yard or court.
SINGLE DEVELOPMENT. A development of one multifamily building on one lot coordinated with the surrounding neighborhood and fronting on a public street.
(b) Front yard depth. Front yard depth or setback, for multifamily buildings, in single development or group development, shall be not less than 20 feet measured from the street line or as established otherwise on the zone map.
(c) Distance between facing and overlapping buildings.
1. Distance between facing and overlapping buildings or parts thereof, in a group development or multifamily buildings shall vary in direct relation to the length and height of buildings. Such minimum distance shall be determined by the formula:
Minimum Distance = LA + LB + HA + HB
F
F
2. The elements of the formula are defined as follows.
a. “Minimum distance” means the required minimum horizontal distance between any wall of building “A” and the nearest wall of building “B”, or the vertical prolongation of either;
b. “LA” means the total length of building “A”, which, for the purposes of the formula, is defined as the maximum length of the portion or portions of any wall or walls of building “A” from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building “B”;
c. “LB” means the total length of building “B” which, for the purposes of this formula, is defined as the maximum length of the portion or portions of any wall or wall of building “B” from which lines drawn perpendicular to the face of such walls or walls will intersect any wall of building “A”;
d. “HA” means the height of building “A”;
e. “HB” means the height of building “B”; and
f. “F” means the divisor factor. “F” is “4" provided, however, the minimum distance between any main wall of any other building shall not be less 20 feet.
(d) Distance in angular arrangements.
1. Distance in angular arrangements of 30 degrees to 60 degrees, such minimum distances are determined by the formula:
Minimum Distance = 2LB + HA + HB - k
F
F
2. The elements of the formula are defined in division (F)(2)(c) above. “K” in the formula varies as the sin of 2n where “n” is the angle from building “B” to building “A” or extensions thereof.
Where “n” is: | 30 to 34 degrees - k=10 ft. |
35 to 39 degrees - k=20 ft. | |
40 to 50 degrees - k=25 ft. | |
51 to 55 degrees - k=20 ft. | |
56 to 60 degrees - k=10 ft. |
(e) Distance between walls of court arrangements. Such minimum distances shall be determined by applying the formula set forth in division (F)(2)(c) above, to each set of facing walls. In arrangements of parallel walls with offset sections, the distance between the corresponding parallel walls shall be determined by said formula. The elements of the formula are illustrated on Figure 1.
(f) Distance between non-overlapping walls.
1. Where walls of two buildings do not directly face each other or do not overlap - that is where lines drawn perpendicular from the face of any wall or any one building will not intersect the face of any wall of another building - the minimum horizontal distance between such buildings shall be not less than one-half of the combined height of the two buildings. Such minimum distances shall be determined by the formula:
Minimum Distance = HA + HB
(g) Distance between building and boundary lines.
1. Distance between building and boundary lines of a multifamily building, or part thereof, in a single development or group development and any side or rear lot line of the parcel of a development area shall vary in direct relation to the length and height of the building. Such minimum distance shall be as determined by the formula:
Minimum Distance = 2(LL) + HA
a. “Minimum distance” means the minimum required horizontal distance between any wall of a building and the nearest side or rear lot line, or boundaries of the parcel or development area;
b. “LL” means the maximum length of the side or rear lot which can be intersected by lines drawn perpendicular from the face or faces of any wall or walls of the building; and
c. “HA” means the height of the building “A”.
3. Where any multifamily development abuts a one- or two-family residential district along any rear property line, the minimum distance from any property line in such districts and any main building shall be not less than the height of the main building.
(h) Townhouse dimensions. A unit of a townhouse shall be not less than 20 feet in width and any main, or longitudinal, wall of a sequence of townhouse units shall not exceed 130 feet in length without a 90 degree offset of at least ten feet, and the aggregate length of any wall, including its offsets, shall not exceed 170 feet in length.
(i) Use and design of yards. The required yards, set forth in this division (F) shall be landscaped and may be used for pedestrian walks and passive recreation areas. If, however, yards between buildings are used for parking areas, driveways or playgrounds, the distances between buildings shall be increased by the dimensions of such intermediary facilities.
(j) Development plans for multifamily dwellings. Development plans for multifamily dwellings shall be submitted to the Planning Commission for their review and recommendations. Until found to comply with the provisions of this chapter and approved by the Planning Commission, building permits shall not be issued.
(G) Required yards to be maintained. The required yards surrounding an existing building shall not be separated in ownership from that portion of the lot upon which the building is located, and no part shall be considered as providing a required yard for any other existing building on the same or on an adjacent lot. A yard shall not be reduced to less than the required dimensions for the district in which it is located by enlarging an existing building, and yard of less than the required dimensions shall not be further reduced in any manner. Every required yard shall be open and unobstructed from the ground upward except for accessory buildings as set forth in division (M) below and projections into yards as set forth in division (N) below.
(H) Front yards of partially built-up blocks. Where a building line has not been established, and where 50% or more of the aggregate street frontage between two successive intersecting streets is occupied by buildings of the type and use permitted in the district before the effective date of this chapter, or any amendments thereto, the minimum front yard for new buildings shall be the average setback distance of existing buildings located within 100 feet on either side of a given lot, provided, however, the depth of the front yard resulting therefrom shall be not less than one-half of the dimensions specified in division (E) above.
(I) Side yards of insufficient width. Where side yards are narrower than required for the district in which the building and lot are located and which was owned separately from all other tracts of land on the effective date of this chapter or any amendment thereto, and is still so owned, the building may be maintained or altered but may not be enlarged in width unless the total width of the side yards complies with the regulations of this chapter.
(J) Yards on corner lots. The depth of the front yard on a corner lot shall be not less than the required setback from the front lot line, and the width of the side yard on the side street shall be not less than one-half of the depth of the front yard required for the adjoining lot which abuts said side street, unless shown otherwise on zone map.
(K) Yards for irregular lots.
(1) Generally. The specific yard regulations set forth in this division (K) may be modified by the Board of Zoning Appeals in accordance with standards established in § 155.52 where the regulations cannot be complied with reasonably as a result of irregular shape of lot or for topographical reasons.
(2) Yards for institutions in residential area. Front yards shall be provided for institutional buildings permitted in certain residential districts in accordance with requirements for residential buildings as set forth in division (E) above or as set forth on the zone map. Side and rear yards shall be determined by the Planning Commission for each institution, however, in general, the yards shall be not less than, or the building coverage of the lot shall not exceed, the requirements set forth in the following schedule:
Maximum Land Coverage | ||
Main Building and Uses | Side and Rear Footage | By Building (Percent) |
Public schools, parochial schools, except nursery schools | 20 | 25 |
Churches, home for aging | 20 | 50 |
Hospitals, clinics, home for children | 30 | 50 |
Libraries and other public buildings | 30 | 50 |
(M) Yards for accessory buildings and uses.
(1) Any accessory use permitted in a residential district may either occupy a part of the main building, occupy a separate accessory building or constitute an accessory land use.
(2) Any accessory building shall be located not less than ten feet from any dwelling on an adjacent residential lot and shall not project into a front or a side yard. An accessory building, may however, be located in a rear yard but not less than five feet from a rear or side lot line. On corner lots, an accessory building shall be set back from the side street line not less than required for the adjacent main building of the abutting lot.
(N) Projections into yards. A projection is that part or feature of a building which extends or projects outside of the enclosing walls. It is intended that certain building features may project into required yards but they shall be regulated so as not to substantially interfere with the reception of sun, light, air and the use of adjacent lots as follows:
(1) Architectural feature, a belt course, balcony, cornice, gutter or chimney may project into a front and side yard for a distance of six feet provided no part is less than three feet to any side lot line;
(2) Entrance feature, an open platform, landing, steps, terrace or other feature not extending above the first floor level of a building may extend six feet into a front yard and three feet into a side yard;
(3) Enclosed shelters an enclosed entry or porch shall not project into any required yard area;
(4) Unenclosed shelters, an entrance hood or open but roofed porch may project six feet into a front yard and three feet into a side yard; and
(5) Driveways and sidewalks, or other similar structures may project no closer than a distance of two feet minimum from side or rear lot lines.
(O) Buildings permitted on zoning lot.
(1) There will not be more than one single-family or one two-family dwelling permitted on a zoning lot; there may be more than one multifamily building on a zoning lot. In addition, there may be no more than two accessory buildings on the same R-1 or R-2 zoning lot when a main building is present, provided such accessory buildings are constructed subsequent to the main building. No more than one accessory building per living unit exceeding four feet in height, however, shall be permitted on any zoning lot in a R-3 District.
(2) No single-family or two-family dwelling shall be located to the rear of any building on the same lot or on another lot which does not have the required frontage on a dedicated street; however, a group of multifamily buildings may be arranged in groups and not directly front on a dedicated street.
(P) Required lot area to be maintained.
(1) A parcel of land may be subdivided into two or more parcels, provided all lots resulting from such division shall conform to all the lot area and width regulations of the district in which it is located. A lot of record which conformed to the provisions of this chapter and which was owned separately from adjoining lots on the effective day of this chapter or an amendment thereafter which affected its conformity, shall not be reduced in any manner which would make it nonconforming.
(2) The lot area or any part thereof required for a dwelling or other use shall not be considered as providing any part of the required lot area for another dwelling or use.
(Q) Lots of record of insufficient area. A lot of record which does not comply with the area of lot width regulations of the district in which it is located on the effective date of this chapter or any amendment thereto which made it nonconforming, may be used as follows:
(1) If occupied by a building, such building may be maintained, repaired or altered, provided, however, the building may not be enlarged in floor area unless the depth of front yard, total width of side yards and the rear yard regulations are complied with; and
(2) If vacant, the lot may be used provided that:
(a) No adjoining vacant lot or parcel of land was owned by the same owner on the effective date of this chapter;
(b) Not owning adjoining land, other vacant land cannot be equitably acquired adjoining the lot; and
(c) All other regulations of this chapter, except the lot area and lot width regulations, shall be complied with.
(R) Dwelling unit area requirements.
(1) Generally. In order to provide healthful living conditions and to preserve the character of the neighborhood, dwellings shall be erected, altered, moved, maintained or occupied only in accordance with the following standards establishing minimum areas of dwelling units.
(2) Area of a dwelling unit.
(a) Area of a dwelling unit shall be the sum of the gross floor areas above the basement level, and not more than three feet below finished grade; rooms above the first floor may be included which are directly connected by a permanent stairs and hall, and spaces under pitched roofs having a minimum knee wall height of four feet if one-half of the room area has a minimum ceiling height of seven feet.
(b) The area for frame buildings shall be measured from the exterior face of the enclosed walls at the respective floor line. For a brick veneer building, no more than four inches of exterior wall thickness may be included in the area calculation. For two-family and multifamily dwellings, where applicable, measurements will be made to the centerline of party walls. All areas within garages and porches, public halls and general storage rooms in multifamily dwellings shall be excluded in this measurement.
(c) Minimum area of a dwelling unit shall be not less than established in the following schedule:
Dwelling Type | 1 Story | 1-1/2 Story | 2 Story | |||
With Basmt. | Without Basmt. | With Basmt. | Without Basmt. | With Basmt. | Without Basmt. | |
Dwelling Type | 1 Story | 1-1/2 Story | 2 Story | |||
With Basmt. | Without Basmt. | With Basmt. | Without Basmt. | With Basmt. | Without Basmt. | |
One-family dwelling | ||||||
Ground floor area (sq. ft.) | 900 | 1,000 | 780 | 880 | 600 | 700 |
Total floor area (sq. ft.) | 900 | 1,000 | 930 | 1,030 | 1,200 | 1,300 |
Two-family dwelling | ||||||
Ground floor area | 750 | 850 | – | – | 450 | 500 |
Total floor area | 750 | 850 | – | – | 1,900 | 1,000 |
Townhouse | ||||||
Ground floor area | 750 | 850 | – | – | 450 | 550 |
Total floor area | 750 | 850 | – | – | 900 | 1,000 |
Apartment | Minimum Area per Apartment Unit (sq. ft.) |
No bedroom unit | 500 |
1 bedroom unit | 600 |
2 bedroom unit | 750 |
(S) Location of utilities.
(1) Public utility uses and distributing equipment for a public utility, due to its essential nature, shall be permitted in any zoning district. However, where such public utility uses are proposed to be located across, or on unplatted lands, such uses shall be subject to the issuance of conditional use permits in accordance with the provisions of § 155.50(G).
(2) The regulations herein governing lot size shall not apply to any lot designed or intended for a public utility and public service use when the area involved is deemed appropriate for such use by the Planning Commission.
(T) Open storage. Boats, tractors, motor homes, trailer, snow plows and other equipment and supplies shall be permitted on a residential lot provided the item is parked in such a way as to not encroach the road right-of-way and is set back an additional ten feet from road right-of-way.
(U) Flood control areas.
(1) No building or structure shall be erected within any area herein described as a drainage course. For the purpose of this chapter, a drainage course shall include any area such as drainage ways, channels, streams and creeks, designated as such on geodetic topographic maps, village topographic maps and shall further include any area designed or intended for use in drainage purposes as shown in a recorded subdivision.
(2) No filling of land or excavation of land shall be permitted within a drainage course, or on any lands within 100 feet, or more than 100 feet when so designated on the zone map, of the centerline of such drainage course, except upon issuance of a certificate by the Engineer that such filling will not obstruct the flow of water or otherwise reduce the water carrying capacity of such drainage course, or impair the design and character of such drainage course.
(V) Temporary buildings and enclosures.
(1) Permitted buildings and uses. Temporary structures may be permitted in any residential district if such structures are deemed necessary for construction operations of the dwellings and accessory buildings of the area for which a building permit has been issued, provided:
(a) Such structures shall be limited to offices, yards and buildings for the storage of lumber, equipment and other building material, workshops for prefabricating building components; and
(b) The operations and activities carried on within such structures shall not adversely affect the use of nearby dwellings by reason of noises, smoke, dust, odors, fumes, vibrations, electrical disturbances or flare to a greater extent than normal in a residential district that is being developed.
(2) Removal of structures. All temporary structures shall be removed within 30 days after the completion of work on the premises for which a permit has been issued or if construction is not pursued diligently.
(W) Parking. Parking in any residential district shall be in accordance with regulations set forth in § 155.30.
(X) Signs. Signs in any residential district shall be designed, erected, altered, moved and maintained in whole or in part, in accordance with regulations set forth in § 155.31.
(Ord. 656-70, passed 2-16-1970; Ord. 975-88, passed 9-19-1988; Ord. 1544-18, passed 3-19-2018; Ord. 1588-20, passed 9-8-2020)