A. Purpose. Lake Michigan, its coastline and beaches, and the adjacent properties and vistas provide a unique natural resource to the Village and its residents that must be preserved and protected. This Chapter recognizes the current public ownership of certain properties along Lake Michigan and is intended to preserve and maintain the character of those properties in the event they are no longer publicly owned, specifically including, without limitation, the open space and open vistas provided by properties along Lake Michigan in the Lakefront Preservation Overlay District and to otherwise promote the preservation of existing open space and existing landscaped areas along Lake Michigan. This Chapter is further intended to conserve and encourage the use of land adjacent to Lake Michigan for open space preservation and enhancement; to protect natural resources; and to save scenic vistas.
B. Mapping of Lakefront Preservation Overlay District. The areas shown on the Appendix to the Official Village of Winnetka Zoning Map are zoned in the Lakefront Preservation Overlay District, which Overlay District includes all publicly owned land located along Lake Michigan in the Village as of July 6, 2023. In the event additional land along Lake Michigan becomes publicly owned after July 6, 2023, the Village Manager will initiate a map amendment application to apply the Lakefront Preservation Overlay District to that additional land.
C. Permitted Uses. Notwithstanding any other regulations in the Village Code or the Zoning Ordinance, including, without limitation, the regulations in the applicable underlying zoning district, the following uses are the only permitted uses for properties in the Lakefront Preservation Overlay District that are no longer publicly owned ("Regulated Property"):
1. Publicly-owned utilities;
2. Limited recreational uses, which for purposes of this Section means recreational activities that do not involve or require structures or prepared facilities, such as sports fields, courts, tracks, or pavilions. Limited recreational uses include, without limitation, nature studies, hiking, cross-country skiing, walking, jogging, picnicking, and other similar activities; and
3. Space that is open and unobstructed from ground to sky except by landscaping designed, arranged, and intended for use in conjunction with limited recreational uses or relaxation.
D. Special Uses. Any use allowed in the underlying zoning district on any Regulated Property other than a use set forth in Subsection C of this Section requires a special use granted by the Village Council pursuant to the requirements and procedures set forth in Chapter 17.56 of this Title and consistent with the purposes of this Chapter.
E. Prohibited Activities and Uses. Notwithstanding any other regulations in the Village Code or the Zoning Ordinance, including, without limitation, the regulations in the applicable underlying zoning district, the following regulations shall apply to all Regulated Property in the Lakefront Preservation Overlay District:
1. No new buildings, signs, fences, or other structures shall be erected or materially altered.
2. New landscaping shall not exceed three feet at mature height, except new landscaping may exceed three feet at mature height with approval by the Village Council as long as it can be demonstrated that the proposed vegetation at mature height will not materially impact the existing view of the lake from abutting public rights-of-way or abutting publicly-owned land.
3. Tree removal and replacement is subject to the provisions of Chapter 15.28 Tree Enhancement and Preservation of the Village Code, which removal and replacement requires the approval of the Village Forester.
4. No portion of a Regulated Property will be considered in determining or calculating any of the applicable bulk regulations for adjacent property, including, without limitation, the applicable lot area, lot width, maximum building height, setbacks, building size, intensity of lot use, maximum impermeable surface, and maximum gross floor area.
5. No portion of any Regulated Property may be considered part of adjacent property for purposes of determining a zoning lot.
(MC-07-2023 § 2, Added, 07/18/2023)