Article C:
Zoning Districts
Sec. 13-1-40 Zoning Districts Designated.
(a) The City of Fox Lake is hereby divided into the following districts:
(1)
R-1 One-Family Residence District.
(2)
R-2 Two-Family Residence District.
(3)
R-3 Multiple-Family Residence District.
(4)
B-1 General Business District.
(5)
I-1 Light Industrial District.
(6)
I-2 Heavy Industrial District.
(7)
C-1 Conservancy District.
(8)
A-1 Agricultural District.
Sec. 13-1-41 District Boundaries.
(a) Official Zoning Map.
(1)
(b)
(c)
(d)
Adopted; to Show Districts and Boundaries. The zoning districts
enumerated in Section 13-1-40 shall be designated on the official zoning map of
the City, which, together with all pertinent explanatory material thereon, is
incorporated herein as though set forth in full. All changes in district boundaries
and the creation of additional districts made as provided by law shall be
recorded on the map, but no such changes shall be effective until a certificate of
the change is filed in the official zoning records.
(2) Interpretation of Map. Where uncertainty exists or the actual layout in the
field varies from the layout on the map, the district boundaries shall be
determined by the Building Inspector in accordance with the intent of this
Chapter.
Boundary Lines. The boundaries shall be construed to follow corporate limits; U.S.
Public Land Survey lines; lot or property lines; center lines of streets, highways,
alleys, easements and railroad rights-of-way; or such lines extended unless otherwise
noted on the Zoning Map.
Vacation. Vacation of public streets and alleys shall cause the land vacated to be
automatically placed in the same district as the abutting side to which the vacated land
reverts.
Annexations and Consolidations. Annexations to or consolidations with the
Village subsequent to the effective date of this Chapter shall be placed in the A-1
Agricultural District unless the annexation ordinance temporarily placed the land in
another district. Within one (1) year, the Plan Commission shall evaluate and
recommend a permanent district classification to the Common Council.
Zoning Code
13-1-42
Sec. 13-1-42 R-1 One-Family Residence District.
In the R-1 One-Family Residence District, no building or land shall be used and no building
shall be erected, moved or structurally altered, unless otherwise provided in this Chapter,
except in compliance with the following:
(a) Principal Permitted Uses.
(1) Single-family detached dwellings, excluding all mobile homes; for purposes of
this Chapter manufactured homes are included in the definition of single-family
dwelling. (2) Manufactured homes complying with all of the following requirements
and limitations:
a. The home shall be a double wide of at least twenty-four (24) feet in width
and thirty-six (36) feet in length.
b. The home shall be installed on an approved foundation system in
conformity with the uniform building code. The wheels and axles must be
removed. The enclosed foundation system shall be approved by the Building
Inspector and/or City Engineer; the Building Inspector may require a plan
to be certified by a registered architect or engineer to ensure proper
support for the home.
c. The home shall be equipped with foundation siding which in design, color
and texture appears to be an integral part of the adjacent exterior wall of
the manufactured home.
d. The home shall be covered by a roof pitched at a minimum slope of two (2)
inches in twelve (12) inches, which is permanently covered with nonreflective material.
e.
The home shall have a pitched roof, overhanging eaves and such other
design features required of all new single-family dwellings located within the
City of Fox Lake.
(3) Churches and similar places of worship; public and parochial schools.
(4)
Public parks, playgrounds, recreation and community center buildings.
(5)
Municipal uses not detrimental to the character of a residential district.
(6)
(7)
Community living arrangements and day care centers which have a capacity for
eight (8) or fewer persons.
Foster family care.
(8)
Home occupations and professional home offices.
(9) Uses customarily incident to any of the above uses, provided that no such use
generates traffic or noise that would create public or private nuisance.
(b) Accessory Uses. The following uses shall be permitted when located on the same lot
with the principal use:
(1) Private garages.
(2) Customary accessory buildings, structures and uses, provided they are clearly
incidental to the principal use and do not include any activity commonly
conducted as a business.
Zoning Code
13-1-42
Parish houses, convents and recreational buildings and playgrounds. (4)
Accommodations for two (2) paying guests other than members of the immediate
family.
(5) Customary home occupations and professional offices.
(3)
Conditional Uses. The following uses shall be permitted upon issuance of a
conditional use permit:
(1) Hospitals, except animal hospitals, sanitariums, convalescent and rest homes for
the elderly and child care centers.
(2) Golf courses, golf practice ranges, country clubs, tennis clubs, skeet ranges and
similar public and private recreational uses.
(3)
Kennels as prescribed in
Section 7-1-3(b). (d) Lots Regulated.
(1) Minimum Lot Area and Width. The lot area shall be not less than six
thousand (6,000) square feet and the average lot width not less than sixty (60)
feet. Lots not served by approved sanitary sewer shall conform to the
requirements prescribed in Article B of this Chapter.
(2) Lot Coverage. All principal and accessory buildings shall not occupy more
than thirty percent (30%) of the lot area.
(3) Required Yards.
(c)
a.
All principal buildings and uses shall provide front, rear and two (2) side
yards having depths and widths of not less than the following:
1. Front Yard: Twenty-five (25) feet deep.
2.
Rear Yards: Twenty-five (25) feet deep.
3.
c.
Side Yard: Six (6) feet minimum; provided, the sum of the two (2) side
yards shall be not less than sixteen (16) feet.
b. A detached accessory building located between the front and rear lines of
the principal building shall provide the side yard required for the principal
building.
A detached accessory building located in the rear yard shall be not less than three (3)
feet from any lot line and not less than twenty (20) feet from any street line. (e)
Building Floor Area. All principal buildings shall contain the following
minimum livable floor area, exclusive of basements and attached garages:
(1) One story, one thousand one hundred (1,100) square feet.
(2)
Multi-story, one thousand two hundred (1,200) square feet.
(f)
Zero Lot Line/Common Wall Construction Dwellings. For all attached zero lot
line or common wall construction duplexes containing single-family dwellings, each
unit shall have separate sewer and water lateral connections. The size, type and
installation proposed to be constructed shall be in accordance with the plans and
specifications approved by the Common Council, following a recommendation from
the Plan Commission. A minimum one (1) hour fire-rated wall assembly division,
separating living areas from the lowest level to flush against the underside of the roof,
is required between each dwelling unit.
Zoning Code
13-1-43
Sec. 13-1-43 R-2 Two-Family Residence District.
In the R-2 Two-Family Residence District, no building or land shall be used and no
building shall be erected, moved or structurally altered, unless otherwise provided in this
Chapter, except in compliance with the following:
(a) Principal Permitted Uses.
(1)
(b)
(c)
All principal uses permitted in R-1 districts as regulated in the R.-1
District. (2)
Two-family dwellings.
Accessory Uses. The accessory uses permitted when located on the same lot with
the principal use shall be the same as those permitted in the R-1 District.
Conditional Uses. The following uses shall be permitted upon issuance of a
conditional use permit:
(1) All uses permitted in the R-1 districts.
(2)
(d)
Mobile home developments.
Lots Regulated. The minimum lot area and width, the lot coverage and required
yards shall be the same as in the R-1 District.
(e)
(f)
Building Floor Area.
(1)
One-Family Dwellings. Same as R-1 District.
(2)
Two-Family Dwellings. Nine hundred (900) square feet per dwelling unit'.
Zero Lot Line/Common Wall Construction Dwellings. For all attached zero
lot line or common wall construction duplexes containing single-family dwellings,
each unit shall have separate sewer and water lateral connections. The size, type
and installation proposed to be constructed shall be in accordance with the plans
and specifications approved by the Common Council, following a recommendation
from the Plan Commission. A minimum one (1) hour fire-rated wall assembly
division, separating living areas from the lowest level to flush against the underside
of the roof, is required between each dwelling unit.
Sec. 13-1-44 R-3 Multiple-Family Residence District.
In the R-3 Multiple-Family Residence District, no land or building shall be used and no
building shall be erected, moved or structurally altered, unless otherwise provided in this
Chapter, except in compliance with the following:
(a) Principal Permitted Uses.
(1)
(b)
All principal uses permitted in the R-1 and R-2
Districts. (2)
Multi-family dwellings.
(3) Rooming and boarding houses, provided food service is limited to the
occupants. (4) Clubs and fratemal organizations, except when such uses include a
service customarily carried on as a business.
Accessory Uses. When located on the same lot with the principal use, all
accessory uses permitted in the R-1 District, except home occupations in multifamily dwellings shall be permitted in the R-3 districts.
Zoning Code
13-1-44
(c)
Conditional Uses. The following uses shall be permitted upon issuance of a
conditional permit:
(1)
All uses permitted in the R-1 districts.
(2)
Mobile home developments in licensed mobile
parks.
home
(d)
(1)
Lots Regulated.
Minimum Lot Area and Width.
a.
(e)
(2)
One- and Two-Family dwellings. Not less than six thousand (6,000) square
feet in area and sixty (60) feet in average width.
b. Multi-family dwellings. For multi-family dwellings containing three (3)
dwelling units, not less than nine thousand (9,000) square feet in area and
eighty (80) feet in width; for each additional dwelling unit, the lot area
shall be increased by three thousand (3,000) square feet.
c. Rooming and boarding houses. Not less than six thousand (6,000) square
feet in area and sixty (60) feet in average width for buildings providing
accommodations for less than five (5) roomers; for each additional roomer,
the lot area shall be increased by one thousand five hundred (1,500) square
feet.
Lot Coverage. Same as R-1 District.
(3)
Required Yards. Same as R-1 District.
Building Floor Area. All principal buildings shall contain the following minimum
livable floor area, exclusive of basements and attached garages:
(1)
One-Story One-Family Dwellings. Nine hundred (900) square feet.
(2)
(3)
Multi-Story One-Family Dwellings. One thousand two hundred (1,200)
square feet.
Two-Family Dwellings. Nine hundred (900) square feet per dwelling unit.
(4)
Multl-Family Dwellings. Seven hundred fifty (750) feet per dwelling unit.
Sec. 13-1-45 B-1 General Business District.
In the B-1 General Business District, no building or land shall be used and no building shall
be erected, moved or structurally altered, unless otherwise provided in this Chapter, except
in compliance with the following:
(a) Principal Permitted Uses.
(1)
All uses permitted in the R-1, R-2 and R-3 Districts.
(2)
Retail establishments for the sale of goods at retail or the performance of
services customarily incidental to retail sales.
Banks and similar institutions, business and professional offices.
(3)
(4)
(5)
Sales, storage, manufacture and distribution of products and merchandise,
except the storage and dismantling of wrecked motor vehicles, junk yards, feed
mills, creameries and similar operations.
Funeral and mortuary establishments.
(6)
Hotels and motels.
(7)
Animal hospitals.
Zoning Code
13-1-45
(8)
Uses clearly similar in character to those listed above and customarily carried
on in a general business district.
(b) Uses Prohibited. No use shall be permitted in B-1 District which, by established
standards and experience, is dangerous or generates noise, smoke, air and water
pollution or is a public or private nuisance.
(c) Lots Regulated.
(1)
Minimum Lot Area and Width.
a.
None for buildings or land used exclusively for commercial uses.
b. Residential buildings shall comply with Section 13-1-43
(d)(1). (2)
Lot Coverage.
a. None for commercial buildings.
b. Residential buildings shall comply with Section 13-1-41
(d)(2). (3)
Required Yards.
a. None required for commercial buildings.
b. Residential buildings, hospitals, sanitariums, nursing and convalescent
establishments and rest homes for the elderly shall comply with Section
13-141(d)(3).
Sec. 13-1-46 1-1 Light Industrial District.
In the I-1 Light Industrial District, no building or land shall be used and no building shall
be
erected, moved or structurally altered, unless otherwise provided in this Chapter, except
in compliance with the following:
(a) Principal Permitted Uses,
(1)
Industries of a restricted character which by established standards and
experience are not detrimental to nor adversely affect the District or adjacent
residential districts due to appearance or by the emission of dust, smoke,
odor, gas, fumes, noise, vibration, traffic or similar substances or conditions.
(2) Any commercial use permitted in the B-1 districts, except hotels and motels.
(b) Accessory Uses. The following uses shall be permitted when located on the
same lot with the principal use:
(1) A single-family dwelling for occupancy by a watchman employed on the
premises. (2) Dormitories and similar housing for seasonal workers employed on
the premises under a conditional use permit.
Lots Regulated.
(c)
(1) Minimum Lot Area and Width.
a.
None for buildings or land used exclusively for commercial uses.
b.
Residence for watchman shall comply with Section 13-1-43(d)(1).
(2)
Lot Coverage. Residence for watchman shall comply with Section 13-1-41
(d)(2).
Zoning Code
13-1-46
(3)
Required Yards.
a.
b.
Any permitted light industrial use shall be located not less than twenty-five
(25) feet from any lot or street line abutting or adjacent to a residential
district.
Any permitted residential use for a watchman on the premises shall provide
the yards prescribed for residences in the R-1 District.
Sec. 13-1-47
I-2 Industrial District.
In the I-2 Industrial District, no building or land shall be used and no building shall be
erected, moved or structurally altered unless otherwise provided in this Chapter, except in
compliance with the following:
(a) Principal Permitted Uses.
(1)
Any industrial use except those which by established standards and experience
are dangerous, generate excessive noise, air and water pollution or create a
public or private nuisance.
(2) Any commercial use permitted in the B-1 District, except hotels and motels.
(b) Accessory Uses. The following uses shall be permitted when located on the
same lot with the principal use:
(1)
A single-family dwelling for occupancy by a watchman employed on the
premises.
(2)
Dormitories and similar housing for seasonal workers employed on the
premises. (c) Lots Regulated.
(1) Minimum Lot Area and Width.
(d)
a.
None for buildings or land used exclusively for commercial uses.
b.
Residence for watchman shall comply with Section 13-1-43(d)(1).
(2) Lot Coverage. Residence for watchman shall comply with Section 13-1-41
(d)(2). (3)
Required Yards.
a. Any permitted industrial use shall be located not less than fifty (50) feet
from any lot or street line abutting or adjacent to a residential district.
b. Any light industrial use shall be located not less than twenty-five (25) feet
from any lot or street line abutting or adjacent to a residential district.
c. Any residence for a watchman on the premises shall provide the yards
prescribed for dwellings in the R-1 District.
Building Floor Area. None required.
Sec. 13-1-48 C-1 Conservancy Districts.
(a)
Permitted Uses. For the purpose of regulating the use of land which is subject to
periodic flooding and land which is unfit for urban development due to adverse
drainage and soil conditions, and to preserve the natural resources and scenic values
of the community, the following uses are permitted in the C-1 Conservancy District:
Zoning Code
13-1-48
(1) The harvesting of wild crops.
(2) Forestry and tree farms.
(3) Hunting, fishing and trapping, unless otherwise prohibited by law.
(4) Recreation and similar activities consistent with the public welfare.
Sec. 13-1-49 A-1 Agricultural District.
(a) Purpose. The A-1 Agricultural District is intended to provide for the continuation of
(b)
general farming and related uses in those areas of the City that are not yet committed
to urban development. It is further intended for this District to protect lands
contained therein from urban development until their orderly transition into urbanoriented districts is required.
Permitted Uses.
(1)
(c)
General farming, including agriculture, dairying, floriculture, forestry, grazing,
hay, orchards, truck farming and viticulture (grape growing); provided,
however, that farm buildings housing animals, barnyards, and feed lots shall
not be located in a floodland, and shall be at least one hundred (100) feet from
any navigable water or district boundary.
(2) Keeping and raising of domestic stock for agribusiness, show, breeding, or
other purposes incidental to the principal use of the premises, and for the use
of the occupants of the premises, provided that such use shall not be located
within one hundred fifty (150) feet of a dwelling unit other than the dwelling
unit on the property in question.
Permitted Accessory Uses.
(1)
Attached or detached private garages and carports accessory to permitted or
permitted accessory uses.
(2) General farm buildings including barns, silos, sheds, storage bins and
including not more than one (1) roadside stand for the sale of farm products
produced on the premises. Any such stand shall conform to the setback, sign
and other provisions of this Chapter.
(3) One (1) farm dwelling. The only residences allowed as permitted uses on newly
established parcels are those to be occupied by a person who or a family at
least one (1) member of which earns a substantial part of his or her livelihood
from farm operations on the parcel or is related to the operator of the larger
farm parcel from which the new parcel is taken. Preexisting residences located
in areas subject to zoning under this Section which do not conform to this
paragraph may be continued in residential use. The minimum parcel size to
establish a residence or a farm operation is thirty-five (35) acres. No structure
or improvement may be built on the land unless consistent with agricultural
uses.
(4) Private garages and parking space.
Zoning Code
13-1-49
(5)
Private swimming pool and tennis court.
(6)
Home occupation.
(7)
Signs as regulated by the City.
(8)
(d)
Buildings temporarily located for purposes of constructing on the premises for a
period not to exceed time necessary for such constructing.
(9) Gardening and other horticultural uses where no sale of products is conducted
on the premises.
Conditional Uses.
(1)
(2)
Airports, airstrips and landing fields provided that the site is not less than
twenty (20) acres.
Commercial feed lots, livestock sales facilities and fur farms.
(3)
Housing for farm laborers and seasonal or migratory farm workers.,
(4)
Transmitting towers, receiving towers, relay and microwave towers without
broadcast facilities or studios.
(5) Utilities.
(6)
Veterinary clinics, provided that no structure or animal enclosure shall be
located closer than one hundred fifty (150) feet to a property boundary.
(7) Public and parochial schools, provided no building shall be located within fifty
(50) feet of any lot line.
(8) Churches, including those related structures located on the same site which are
an integral part of the church proper, convents or homes for persons related to a
religious function on the same site, provided no more than ten (10) persons shall
reside on the site and no building shall be located within fifty (50) feet of any lot
line.
(9) Golf courses, country clubs, tennis clubs or public swimming pools serving more
than one (1) family. The principal structure for any of the above listed uses shall
be one hundred (100) feet or more from any abutting lot in a Residential
District, and accessory structures shall be a minimum of fifty (50) feet from any
lot line. (10)
Essential service structures, including but not limited to
buildings such as telephone exchange stations, booster or pressure-regulating
stations, wells, pumping stations, elevated tanks, lift stations and electrical
power substations, provided no building shall be located within ten (10) feet
from any lot line of an abutting lot in a Residential District. Prior to granting
such permit, it shall be found that the architectural design of service structures is
compatible to the neighborhood in which it is to be located and thus will
promote the general welfare.
(11)
Hospitals for human care, sanitariums, rest homes, and nursing homes, provided
that all structures, except fences, shall be located one hundred (100) feet or more
from the lot line of any abutting lot in a Residential District.
(12) Cemeteries.
(e)
Lot, Yard and Building Requirements.
(1)
Lot Frontage. Minimum two hundred (200) feet.
(2)
Lot Area. Minimum two (2) acres.
Zoning Code
13-1-49
(3)
(4)
Principal Building,
a.
Front Yard: Minimum eighty (80) feet.
b.
Side Yards: Minimum fifty (50) feet.
c.
Rear Yard: Minimum fifty (50) feet.
Accessory Building.
a.
Front Yard: Minimum eighty (80) feet.
b.
Side Yards: Minimum forty-five (45) feet.
c.
Rear Yard: Minimum forty-five (45) feet.
d.
Building Height: Maximum fifty (50) feet.
Sec. 13-1-50 through Sec. 13-1-79
Reserved for Future Use.