(A) Lot requirements.
(1) Substandard lots established prior to adoption of chapter.
(a) In any district, a new building or structure for any of the uses permitted in the respective districts may not be erected on a single lot of record (on February 18, 2020) or a combination of lots or portions of lots of record (on February 18, 2020) which has less than the minimum lot area or minimum width specified for the respective district.
(b) If two or more lots, or combinations of lots and portions of lots, with continuous frontage in single ownership are of record as of February 18, 2020, and if all or part of the lots do not meet the requirements established for lot width and area in their particular zoning district, the lands involved shall be considered an undivided parcel for the purpose of this chapter. No portion of said undivided parcel shall be used or sold in a manner which diminishes compliance with that district's lot width and area requirements established by this chapter, or shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.
(2) Combination and division of zoning lots.
(a) Two or more lots may be combined to create a single zoning lot. Such lots shall be under the same ownership at the time of zoning approval for any structure on the zoning lot. Upon construction of such improvements, the zoning lot shall be considered one lot.
(b) No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all zoning lots resulting from each such division or sale shall conform with all standards for buildings on a lot and have met the requirements of this chapter.
(3) Principal structures on a lot.
(a) Every principal structure hereafter erected or structurally altered shall be located on a zoning lot, and in no residential district shall there be more than one principal structure on one zoning lot, except as provided for elsewhere in this chapter.
(b) In the event that a lot is to be occupied by a group of two or more related principal structures to be used for multi-family dwellings, institutional, or hotel purposes; there may be more than one principal structure on the zoning lot when adequate open space is provided between all buildings in accordance with the open space standards in this chapter.
(c) For all industrial lots abutting residential districts, unless authorized by special exception, in no case shall any building or structure be erected closer than 100 feet to any residential district, or shall any parking area be closer than 40 feet to any residential district, for which said 40 feet shall be maintained as a green area covered entirely by grass, shrubs, and/or trees.
(4) Provisions for common-lot-line dwelling units.
(a) The fee simple transfer of ownership of that portion of a lot improved with a rowhouse, townhouse, or duplex for the purpose of establishing separate ownership of common-lot-line dwelling units shall constitute a subdivision and shall be subject to the provisions of this chapter.
(b) After a subdivision containing or used for common-lot-line dwellings has been recorded, the lots shall be used exclusively for common-lot-line dwelling units and for no other type of development. Any change in the use of said platted lot(s) from common-lot-line dwellings shall require approval of a new subdivision plat.
(c) All fee simple transfers of ownership that were recorded prior to the adoption of this chapter shall be deemed to be legal and conforming uses and shall not require any further approval of a subdivision plat to be established as common-lot-line dwelling units.
(d) Subdivisions which contain common-lot-line dwelling units shall be subject to and comply with the standards set forth in this chapter, except as provided in division (D)(5) below. Each lot which contains a common-lot-line dwelling unit shall be considered separate and independent from adjoining common-lot-line dwelling units for the purpose of calculating Floor Area Ratio (FAR), Open Space Ratio (OSR), front yards, and rear yards.
(5) Standards for common-lot-line dwelling units or townhouse lots.
(a) In the R-3 and R-4 Districts, where a common-lot-line structure is constructed for sale, with each unit on an individual lot, for individual ownership, such common-lot-line dwelling is subject to the standards for principal buildings as described in this subchapter, except that no side yard setback is required for the interior portion of a lot for a common-lot-line structure.
(b) In the R-4 District, where townhouse and rowhouse buildings are permitted and one of these structures is constructed for sale, with each unit on an individual lot, to individual owners, such structures shall not be subject to the minimum lot area per dwelling unit requirements of § 154.110, but instead shall be subject to the following minimum requirements:
1. A townhouse or common-lot-line dwelling shall be developed on a subdivided lot with no more than seven dwelling units per structure. No structure shall exceed 150 feet in length.
2. Minimum lot area per unit shall be not less than 1,800 square feet and shall have a minimum frontage on a public street of not less than 20 feet.
3. Front yard. On a lot containing a townhouse or rowhouse there shall be a front yard of not less than 20 feet.
4. Side yard. On a lot containing a townhouse or rowhouse, no side yards shall be required for interior lots. Exterior lots at the end of each structure shall have a side yard setback of not less than six feet and shall have a minimum distance between structures of not less than 12 feet.
5. Rear yard. There shall be a rear yard which has an area of at least 650 square feet for each unit in the townhouse or rowhouse.
(B) Projections and encroachments into yards.
Unless otherwise provided in this chapter, no building or structure, portion of any building, structure, or mechanical equipment shall be erected in, occupy, or obstruct a required front, rear, or side yard except for the following:
(1) Cornices, sills, eaves, and other ornamental features may encroach to a distance of not more than two feet six inches, but in no case less than four feet from a side lot line.
(2) (a) Fire escapes to a distance of not more than four feet six inches, or enclosed fire escapes, and enclosed balconies leading from fire towers in required rear yards, when such projection is not more than ten feet when the main structure was built prior to the effective date of this chapter.
(b) On all structures for which a building permit is issued on or after February 18, 2020, this encroachment or projection shall not be permitted.
(3) Uncovered stairways and necessary landings, to a distance of not more than four feet six inches, provided that each stair and landing shall not extend above the entrance floor of the building.
(a) The railing may exceed three feet in height above the landing.
(b) The stairway or landing may be covered, but not enclosed, if the covering does not exceed one-third of the length of the building wall on which it is located.
(c) This provision is only applicable when the main structure was built prior to February 18, 2020.
(d) On all structures for which a building permit is issued on or after February 18, 2020, this encroachment or projection shall not be permitted.
(4) Bay windows and chimneys to a distance of not more than three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located, and provided, further, that in no case shall a bay window or chimney project into a required side yard be more than one-third of such yard.
(5) An unenclosed porch, not more than 14 feet in height, may be erected to extend into a required front or rear yard at a distance of not more than ten feet, provided that in no case shall it extend into such front or rear yards more than one-half of the required depth of the yard.
(6) A porte cochere may be erected over a driveway in a required side yard, provided that such structure is:
(a) Not more than 14 feet in height and 20 feet in length, and
(b) Entirely open on at least two sides, exclusive of the necessary supporting columns and customary architectural features, and
(c) Side yards remain as set forth in the district regulations.
(7) Driveways, walks, fences, and underground structures.
(8) Concrete, asphaltic concrete, or all weather surfaces on yards except as otherwise permitted herein. If the yard to be surfaced is a required front or side yard, then the surface must be so located or constructed that an automobile cannot be driven or cannot project upon it from a driveway, parking space, street, or alley.
(9) Flag poles, clothes lines, trellises, bird houses and the like.
(10) Decks may be constructed in a rear yard (not in a front or side yard) provided that their elevation is not higher than the first floor elevation of the principal structure, and may extend into any required rear yard up to a maximum distance of 50% of that required rear yard.
(11) Open unenclosed porches, that is, porches which may have roofs and mesh screening, but which are not glassed in or otherwise walled or enclosed above a height of two and one-half feet above the porch floor, may be constructed in a rear yard (not in a front or side yard) to a distance of ten feet into said rear yard, but not within ten feet of the lot line. The elevation of the porch floor shall not be higher than the first floor elevation of the principal structure.
(C) Standards for accessory structures.
(1) In any district, accessory structures, including private garages, and uses which do not involve the conduct of a business, if attached to the principal structure, may be erected in any space other than a required yard.
(2) When an accessory or structure is detached from the principal building, it shall be separated by a minimum distance of three feet.
(a) With the exception of corner lots, no detached accessory building or structure shall be located less than 60 feet from the front lot line. In the event of a corner lot, an accessory structure must be placed in the rear yard, with a setback from the second property line abutting a public street equal to or greater than the setback for the principal structure abutting the public street.
(b) If a detached accessory structure is to be located on a lot containing a one- or two-family dwelling, the aggregate area of all accessory structures shall not exceed 750 square feet in area. Maximum height shall not exceed 14 feet.
(c) For accessory buildings in the CN District, the maximum height shall not exceed 14 feet. For accessory buildings in CB and I-1 Districts, the height standards for principal buildings on a lot shall apply.
(3) Where mutual ownership of a private garage existing prior to February 18, 2020, the joint garage can be repaired or enlarged without regard to the side yard setback provisions subject to the following conditions:
(a) The garage shall only be for private use.
(b) There is mutual written consent for continuance or enlargement filed with the Zoning Administrator which is signed by all owners.
(4) Swimming pools not located within a building:
(a) The use of such pools shall be restricted to occupants of the principal use and guests for whom no admission or membership fees are charged.
(b) If accessory to a non-residential use, the edge of the pool shall be located not less than 100 feet from any lot line.
(c) If accessory to a residential use, the edge of the pool shall be located not less than ten feet from any lot line.
(d) Illumination of such pools shall be limited to underwater lighting. Swimming pool clubs are not considered accessory uses.
(e) All swimming pools constructed under this division (C)(4) shall be completely enclosed by a protective wall, fence or other barrier. The entire barrier, including doors and gates, shall be at least six feet high measured on the inside and outside, shall not provide ready footing for climbing, and shall prevent passage through it. Fences for above ground swimming pools that are attached to the pool deck or pool sidewalls shall extend to at least six feet above the adjoining ground. The enclosure shall be in general accord with Section 820.200, General Design Requirements, of Title 77 Part 820 of the Illinois Administrative Code, Illinois Swimming Pool and Bathing Beach Code.
(D) Visibility triangle setback. Where a lot is located at the intersection of two or more streets, no parking or structure of any kind shall be located within the visibility triangle, except in the CB District. Landscaping in this area shall either be shrubs at a height of three feet or less or deciduous trees from the list in the village's tree ordinance, with branches having a clearance of six feet.
(E) Front yard average setback. Except as otherwise specified, in any residential zoning district, the front yard may be reduced to a setback equal to the average alignment of structures on the same side of the street upon meeting the following conditions:
(1) Fifty-one percent or more of the lots on the same side of the street, within the same block, are improved with residential buildings.
(2) Seventy-five percent of the residential buildings extend into the required front yard.
(3) No structure shall project beyond the average alignment of structures on the same side of the street, within the same block, and within 200 feet.
(4) No structure shall project beyond the shortest depth of existing front yards on the lots abutting on each side.
(F) Special yard requirements for certain lots of records.
(1) Lot width for comer lots recorded prior to February 18, 2020. Lots of record as of February 18, 2020 do not have to provide the additional lot width required for corner lots.
(2) Corner lots established prior to February 18, 2020. Lots of record as of February 28, 2020 shall comply with the following regulations:
(a) For corner lots which were a legal lot of record on February 18, 2020 and which are located in a R-l District, a side yard on the street side of a corner lot shall have a width of not less than 15 feet.
(b) In the R-2, R-3, and R-4 Districts, a side yard on the street side of a corner lot shall have a width of not less than ten feet, except where such lot abuts in the rear either directly or across an alley, a lot in an R-l District, in which case the side yard on the street side of the corner lot shall be not less than 15 feet.
(3) Application of development standards to specific uses. The following development standards shall apply:
(a) Religious institutions and schools in the residential districts shall meet the side yard and landscape setback buffer requirements of an R-4 District.
(b) Hospitals, nursing homes, and lodges shall meet the side yard and landscape setback requirements of a non-residential land use in the applicable district in which it is located.
(Ord. 2020-O-3, passed 2-18-2020)