A. Authority. This Section establishes special regulations that apply notwithstanding other general regulations in this Code, but only pursuant to and subject to the purposes and procedures hereinafter set forth in this Section. The Contextual Design Review Commission, in accordance with the procedures, limitations, and standards set out in this Section or otherwise duly adopted by the Contextual Design Review Commission, may grant contextual design review approval for single family dwellings seeking such approval, which approval may contain adjustments to the generally applicable zoning regulations to the extent permitted in this Section and expressly authorized as part of any contextual design review approval.
B. Purpose. The Board of Trustees recognizes that zoning regulations are, by nature and necessity, to be applied generally to many different settings and circumstances. Although such general applicability fosters consistency and stability, particularly in residential areas, it does not always provide sufficient flexibility to encourage excellence and innovation in design. In addition, the strict standards for securing variations from the zoning regulations in this Code may not accommodate the types of modest adjustments needed for residential designs to reduce the appearance of excessive bulk while enhancing the dwellings themselves, adjacent properties, and the neighborhoods in which they are located. In order to address opportunities for enhanced residential designs that reduce the appearance of excessive bulk and contribute to and maintain the character of a neighborhood without adversely impacting adjacent properties, this Section authorizes and encourages owners to submit their proposed designs to the Contextual Design Review Commission. Minor adjustments to the generally applicable regulations of this Code are available to promote better residential design in the context of the Village's neighborhoods. Contextual design review shall be entirely voluntary, and no person shall be entitled to any adjustments from the regulations of this Code under the Contextual Design Review procedures except with respect to a specific design and overall plan expressly approved by the Contextual Design Review Commission.
C. Applicability of Contextual Design Review. Contextual design review is available for any new construction of, addition to, or alteration of a single family dwelling. Contextual design review shall not be required for any single family dwelling development, but no single family dwelling development shall be entitled to seek or obtain any adjustments as authorized pursuant to Subsection 7-505G of this Code unless the Contextual Design Review Commission grants contextual design review approval for a specific plan, and such adjustments shall only be available for development conforming to such specific plan, as well as any conditions of contextual design review approval.
D. Parties Entitled to Seek Contextual Design Review Approval. Applications for contextual design review may be filed by the owner of, or any person having a contractual interest in, the subject property.
E. Procedure.
1. Pre-Application. Prior to filing an application for contextual design review, a prospective applicant shall contact the Staff Secretary to the Contextual Design Review Commission to schedule a pre-application meeting. The Staff Secretary, or not more than two members of the Commission, or both shall meet with the prospective applicant to review the process and to preliminarily assess the single family dwelling development that is contemplated to be the subject of an application for contextual design review. Following such meeting, a prospective applicant shall have the right, but not the obligation, to file an application for contextual design review.
2. Application; Fee. Applications for contextual design review approval shall be filed in accordance with the requirements of Section 7-201 of this Code, and such applications shall also include at least the following information and materials:
a. Existing and proposed site plan of the subject property;
b. Elevations of the proposed development on the subject property;
c. Photographic composite of existing structures in its environs (as determined in the pre-application meeting);
d. Photographic composite of the proposed development in its environs (as determined in the pre-application meeting);
e. Landscaping plans, showing existing and proposed landscaping on the subject property;
f. Photographs of the subject property;
g. Architectural plans for the proposed development; and
h. Samples of materials for the proposed development on the subject property.
Notwithstanding anything in Section 7-201 to the contrary, no fee shall be required in connection with an application for contextual design review, nor shall there be any limitation on successive applications for contextual design review. Any person who files an application for contextual design review shall be deemed to acknowledge and agree that: (i) the contextual design review process is entirely voluntary; (ii) the determination of the Commission to decline the granting of adjustments pursuant to contextual design review approval does not constitute any deprivation of rights; and (iii) the applicant shall have no right to appeal or otherwise challenge a determination of the Commission with respect to an application other than to withdraw from the contextual design review process.
3. Public Meeting; Notices. A public meeting shall be set, noticed, and conducted by the Commission in accordance with Section 7-203 of this Code. In addition, notice shall be provided by regular or certified mail to each dwelling unit located within 250 feet of the subject property. Prior to any meeting relating to an application for contextual design review, the Village Manager shall cause a staff report to be prepared and delivered to the members of the Commission relating to such application. Such public meeting may be continued from time-to-time, and the Commission may decline to act on any application for which the applicant or the applicant's representative is not present. At public meetings, the Commission shall provide the applicant and any other person the opportunity to comment on the application.
4. Action by the Commission. Within 35 days following the conclusion of the public meeting, the Commission shall either approve an application for adjustments pursuant to this Section, approve such application with conditions, or decline to grant any adjustments for a proposed single family dwelling development. The Commission may provisionally approve any application for contextual design review and delegate the final terms of approval (including any conditions thereon) to one or more members, the Village staff, or some combination thereof. In addition, an applicant seeking adjustments pursuant to contextual design review may withdraw from the process at any time without limitation or consequence, and upon such withdrawal such applicant shall have the right to develop the subject property in any manner otherwise authorized under the Code exclusive of the provisions of this Section. No approval or conditional approval for contextual design review shall be binding upon an applicant unless and until such applicant seeks, obtains, and begins to prosecute development on the subject property pursuant to a building permit based on plans that incorporate adjustments authorized as part of a contextual design review approval. Upon such approval becoming binding, no person may pursue the development except in strict conformity with the contextual design review approval, including the approved plans and any conditions on such approval, and the Commission may require appropriate documentation to demonstrate the owner's consent to the contextual design review approval and any conditions thereon. Whenever a contextual design review approval is either (a) based upon the maintenance of a particular feature of the single family dwelling or lot receiving such approval, or (b) authorizing an increase in the otherwise allowable maximum gross floor area, the Commission shall require the applicant to execute and record a declaration of covenants against the subject property.
5. Honorary Landmarks. For any single family dwelling that has been granted honorary landmark status or is included within a recognized historic area pursuant to chapter 26B of the Village Code, no contextual design review approval may be sought or granted unless the Glencoe Historic Preservation Commission has first granted favorable advisory review of the proposed development pursuant to Section 26B-30 of the Village Code. Upon such favorable advisory review, an application for contextual design review may be considered and adjustments may be approved, provided that the plans approved pursuant to such contextual design review are substantially the same as those for which favorable advisory review was granted by the Historic Preservation Commission.
(Amended Ord. 2013-10-3340, passed March 21, 2013)
F. Standards for Contextual Design Review Approval. Because the contextual design review process is entirely voluntary, applicants are deemed to acknowledge and agree that: (i) they have no right or expectation that any adjustments will be authorized for their proposed single family dwelling development; and (ii) approval of any adjustments shall be granted only in the sole discretion of the Commission. The Commission shall develop and recommend guidelines for both alterations and new construction of single family dwellings in connection with its contextual design review activities; provided, however, that no guidelines shall be established unless first approved by a resolution of the Board of Trustees; general satisfaction of such approved guidelines shall be necessary, but not sufficient, for an application to receive contextual design review approval.
G. Authorized Adjustments. When the Contextual Design Review Commission determines that excellence and innovation will be enhanced in a manner that contributes to and maintains the character of a neighborhood without adversely affecting adjacent properties and otherwise advances the purposes of this Section, the Commission may approve adjustments to the otherwise applicable provisions of this Code in connection with the approval of any application for contextual design review in the following respects and no others:
1. Chimney projections into side yard setback up to 6’-0” in width and 2’-0” in depth;
2. 5% increase in the maximum gross floor area limits, but such increase may only be applied to the principal single family dwelling on the subject property;
3. For lots having a lot width of at least 80 feet, reductions in the side yard setback for a detached garage to a minimum of five feet; provided that such approval shall be subject to the terms and conditions set forth in Subparagraph 3-111G20(b) and 3-111G20(c) of this Code;
4. In lieu of the exclusions authorized pursuant to Subparagraph 3-111G12(a) or 3-111G12(b), exclusions from the calculation of maximum gross floor area of either: (a) 400 square feet for an attached garage located in the rear half of the lot, but not for any garage along a corner building front; or (b) 600 square feet for a detached garage;
5. Bay projection into side yard setback up to 8’-0” in width and 2’-0” in depth;
6. An exclusion from the calculation of maximum gross floor area of 400 square feet for attic space in the principal single family dwelling on the subject property;
7. In lieu of the exclusions authorized pursuant to Subparagraph 3-111G12(e), exclusions from the calculation of maximum gross floor area of underbay or undereave areas when determined to be a defining element of the architectural style (i.e. Prairie style);
8. An exclusion from the calculation of maximum gross floor area of a basement when a raised first floor is determined appropriate for the architectural style of the dwelling;
9. For pre-FAR single family dwellings only, reduced interior stair width, reduced stair height clearance, and/or reduced handrail height for porches, notwithstanding any provision to the contrary in this Code or the Village Code.
To the extent that the owner of a lot elects to accept adjustments approved pursuant to contextual design review relating to the maximum gross floor area under Paragraphs G2, G4, G6, G7, or G8 of this Section 7-505, no variations from the maximum gross floor area may be sought or obtained for such lot pursuant to this Code. In addition, for any single family dwelling utilizing adjustments approved pursuant to contextual design review, the cumulative adjustment to gross floor area allowable pursuant to the provisions of Paragraph 3-111G12 or Subsection 7-505G of this Code shall not exceed twenty percent (20%) of the maximum gross floor area applicable to such lot as calculated pursuant to Subsection 3-111E of this Code.
H. Inspections; Plan Modifications; Enforcement and Penalties; Costs.
1. Any single family dwelling that incorporates adjustments approved pursuant to this Section shall be subject to periodic inspection by the Village Manager or the Manager's designee to ensure conformity with the terms of the contextual design review approval, including the approved plans and any conditions of such approval. No modifications to the approved plans, and no deviations from the conditions of contextual design review approval, shall be permitted without the approval of the Contextual Design Review Commission; provided, however, that the Commission may approve minor modifications recommended for approval by the Village staff as part of a consent agenda and without a new application.
2. No certificate of occupancy shall be issued for any development of a single family dwelling for which a building permit was issued that incorporated any adjustments authorized pursuant to this Section unless such development has been completed in strict compliance with the plans approved as part of the contextual design review, as well as any conditions of such contextual design review approval.
3. When adjustments authorized pursuant to this Section are incorporated into a single family dwelling development, any deviation from the plans approved as part of a contextual design review and any failure to comply with the conditions of contextual design review approval shall be deemed a violation of this Code, and shall subject the owner to fines in an amount not to exceed $750 for each day the violation continues. In addition, the Village may also exercise any other remedy available at law, including specific performance and injunctive relief.
4. Because of the voluntary nature of the contextual design review process, any applicant who receives contextual design review approval and thereafter incorporates the adjustments authorized pursuant to this Section into a single family dwelling development shall be deemed to agree to reimburse the Village for any costs that the Village might incur (including reasonable attorneys' fees) in connection with any enforcement action wherein a violation is found.