(A) Accessory Living Suite.
(1) Purpose. These standards for accessory living suites (“ALS”) are intended to permit the creation of legal accessory living suites wholly within one-family detached units in a manner that is compatible with and retains the character of the residential neighborhood.
(2) This use shall only be permitted as accessory to and within a legally existing or proposed one-family detached dwelling that is the sole principal use on the lot. An ALS shall not be permitted in a two-family dwelling, multi-family dwelling, or Bed & Breakfast.
(3) The property on which the ALS is located shall comply with the following:
(a) The lot shall have a minimum lot area of 8,400 square feet.
(b) Not more than one accessory living suite shall be permitted within the one-family detached dwelling on the lot.
(c) The one-family detached dwelling unit shall have and retain a minimum dwelling unit floor area of 1,000 square feet, not counting the area of the ALS.
(4) The design of the ALS shall comply with the following:
(a) The ALS shall occupy no more than thirty percent (30%) of the heated floor area of the one-family dwelling, but in no case be greater than 500 square feet.
(b) The ALS shall not have a separate, outside entrance from the exterior of the one- family dwelling.
(5) Parking for the ALS shall be served by the same driveway as the one-family dwelling.
(6) The ALS shall not be rented for a term less than 30 days.
(7) The owner of the property shall reside in either the one-family dwelling unit or the accessory living suite.
(8) The residence shall retain the appearance of a one-family dwelling at all times.
(B) Bed and Breakfast Inn and Short-Term Rental. Bed and breakfast inns and short-term rentals are unique semi-commercial operations that adapt a residential dwelling unit into a lodging concept limited in scope and operation. The regulations presented herein provide a systematic set of requirements to ensure that such operations do not adversely affect adjacent uses as a result of the commercial aspects of the structure and property.
(1) The bed and breakfast inn or short-term rental shall be subordinate to the principal use of a one-family detached dwelling, and the residence shall retain the appearance of a one-family dwelling at all times.
(2) The one-family detached dwelling unit shall be occupied by the owner(s) of the property as his/her primary residence.
(3) The operator of the bed and breakfast inn or short-term rental shall maintain a log of all guests, including their name, address, license plate number, and length of stay, and shall make the log available to the Zoning Inspector upon request.
(4) Required parking for guests, and employees when permitted, shall be provided on-site. Parking shall be located behind the front line of the principal building. The Planning Commission may grant an exception to this requirement due to the shallow depth of the parcel, the location of existing buildings and mature trees, or other similar circumstances.
(5) Exterior lighting shall be residential in character and compatible with the surrounding neighborhood.
(6) The dwelling shall fully comply with all applicable Village, County and State codes, including but not limited to income tax, building, fire, and health requirements.
(7) The owner shall maintain weekly residential trash collection services. Trash dumpsters, trash containers, recycling containers, and mechanical equipment shall be screened per the requirements of § 150.398, Screening of Accessory Uses.
(8) Bed and breakfast inns shall comply with the following additional requirements:
(a) Each guest stay shall be limited to consecutive days of less than one week.
(b) No more than four (4) rooms shall be utilized as guest sleeping rooms in the bed and breakfast inn, and occupancy shall be limited to two (2) individuals per guest sleeping room.
(c) A maximum of two (2) non-resident employees shall be permitted on the premises.
(d) No cooking shall be permitted in guest rooms.
(e) No guest rooms shall have direct entrance or exit to the outside of the building, except that emergency exits when required by the Fire Marshal may be provided for emergency purposes only.
(f) Health Department approval of kitchen facilities for the bed and breakfast inn shall be submitted prior to issuance of a certificate of zoning compliance.
(9) Short-term rentals shall comply with the following additional requirements:
(a) Each guest stay shall be limited to consecutive days of less than one week.
(b) Rental of the one-family detached dwelling unit, whether in whole or in part, shall be limited to a maximum of 30 days per calendar year.
(c) All sleeping quarters shall be located within the dwelling unit.
(d) The maximum overnight occupancy shall be limited to two (2) individuals per bedroom, plus two (2) additional occupants within the dwelling unit.
(e) Each short term rental owner shall provide the name and contact information of the person(s) responsible for the short term rental, who shall be available on a 24-hour basis, seven days a week, during periods in which the structure is being rented, for the purpose of responding within one (1) hour to complaints regarding the condition or operation of the short term rental unit or the conduct of short-term tenants.
(i) The 24-hour contact person may be the owner, a property management company representative, or other person employed, authorized or engaged by the owner to manage, rent, and supervise the short term rental.
(ii) If the contact person is not the owner of record, the 24-hour contact person shall maintain a residence or permanent place of business within 30 miles driving distance to the short term rental.
(iii) If the local contact person designated by the owner changes, then the owner shall update the permit on file with the village within three (3) days.
(f) All short-term rental tenants shall abide by all applicable noise, nuisance, fire and safety ordinances and not endanger or interfere with the safety or rights of others.
(g) Use of the short-term rental unit for any commercial or large social events or gatherings, such as weddings, is prohibited.
(10) In considering whether to grant the conditional use permit, the Planning Commission shall have authority to require such reasonable conditions as necessary to protect the public health, safety and general welfare and to ensure that the use of the property as a bed and breakfast inn or short-term rental will not have an adverse effect on the use, value and qualities of the surrounding neighborhood.
(11) The property owner shall submit the following documentation when applying for a required conditional use certificate.
(a) One (1) form of proof of identity;
(b) Two (2) pieces of evidence that the dwelling unit is the property owner’s primary residence;
(c) Compliance with all applicable requirements noted in subsection (G)(3) above.
(C) Congregate Care Facility/Nursing Home.
(1) Congregate Care Facility/Nursing Homes shall comply with the development standards set forth below:
(a) Minimum lot area: two (2) acres.
(b) Minimum lot width: 100 feet.
(c) Maximum Lot Coverage: 50% or the maximum permitted for the district in which the use is located, whichever is higher.
(2) When located in a residential district, a congregate care facility/nursing home shall comply with the standards set forth below:
(a) Minimum side and rear setback for principal buildings: 30 feet or the minimum required for the residential district in which the use is located whichever is greater.
(b) Minimum side and rear setback for parking facilities: 20 feet.
(c) Buildings shall be designed to have a residential character, street-oriented with pedestrian entrances from the street, and compatible with the surrounding residential development.
(D) Dwelling, Multi-family and dwelling units in the upper floors of commercial buildings in Business Districts.
(1) Multi-family buildings in the B-2 District shall conform to all requirements of the B-2 District including the Required Design Standards in § 150.275.
(2) Multi-family developments in the B-3 District shall meet all requirements of the R-4 District and all other sections of this code applicable to multi-family development.
(3) Each dwelling unit shall comply with the minimum dwelling unit floor area requirement set forth in § 150.216(D).
(E) Dwelling, Two-Family.
(1) Two-family dwellings in the R-3 District shall be erected, altered, moved, and maintained only in accordance with the development standards set forth below:
(a) Minimum Lot Area: 8,400 square feet.
(b) Minimum Lot Width at Building Setback Line: 70 feet.
(2) Dwelling Unit Area Requirements.
(a) The minimum ground floor area of the structure shall be 750 square feet.
(b) Each dwelling unit shall have a minimum of 750 square feet.
(3) The public street elevation of the two-family dwelling shall have at least one street oriented entrance and contain the principal windows of at least one of the units.
(4) All required parking spaces shall be located behind the front building line. The Planning Commission may grant an exception to this requirement where necessary due to special characteristics of the site such as lot depth, the location of existing mature trees and/or structures, or other similar circumstances.
(5) Trash dumpsters, trash containers, recycling containers, and mechanical equipment shall be screened per the requirements of § 150.399, Screening of Accessory Uses.
(6) A subdivision plat shall be submitted where individual attached units are to be owned separately on individual lots.
(F) Group Home, Large and Small.
(1) The persons residing in such residential home shall live as a single housekeeping unit in a single dwelling unit and maintain said home as their sole, bona fide, permanent residence. The term “permanent residence” means:
(a) The resident intends to live at the dwelling on a continuing basis; and
(b) The resident does not live at the dwelling in order to receive counseling, treatment, therapy or medical care.
(2) The applicant shall comply with the applicable parking regulations of the Zoning Code for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors.
(3) The group home shall meet local fire safety requirements for the proposed use and level of occupancy.
(4) Small group homes shall comply with all standards that apply to one-family dwellings in the district in which the home is located.
(5) Large Group homes shall comply with the following additional requirements:
(a) The architectural design and site layout of the large group home shall be compatible with adjoining land uses and the residential character of the neighborhood.
(b) Conversion of an existing dwelling to a large group home shall require that the dwelling be brought into conformity with applicable Village and State regulations.
(c) The applicant shall demonstrate that adequate qualified supervision will be provided in the home on a twenty-four hour per day basis.
(d) In considering whether to grant the conditional use permit, the Planning Commission shall take into consideration the proximity and location of other such large group homes within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use.
(Ord. 2023-03, passed 2-27-2023)