ORDINANCE NO. MC-200-98

1998

AN ORDINANCE AMENDING THE PROVISIONS OF THE WINNETKA ZONING ORDINANCE PERTAINING TO BUILDING HEIGHT, INTENSITY OF USE, AND PARKING IN THE COMMERCIAL ZONING DISTRICT

WHEREAS, in the spring of 1996, the Plan Commission of the Village of Winnetka began working on revising the Winnetka Comprehensive Plan; and

WHEREAS, the Village of Winnetka has entered into a contract with Thompson, Dyke and Associates to work with the Plan Commission and Village staff in developing the revised Twenty Year Comprehensive Plan; and

WHEREAS, a significant portion of the work planned for Thompson, Dyke and Associates includes preparing a Strategic Plan for C-1 (Limited Retail) and C-2 (General Retail) Commercial Zoning Districts; and

WHEREAS, a part of the work on the revised Comprehensive Plan has included conducting focus group sessions, conducting a written survey of all Village residents, and consulting with various professionals in the fields of architecture, land use, and economic development; and

WHEREAS, the Council of the Village of Winnetka have received and considered the preliminary recommendations of the Plan Commission, which were submitted after considering the preliminary report of Thompson, Dyke and Associates pertaining to building height and parking regulations in the C-1 and C-2 Zoning Districts; and

WHEREAS, the Plan Commission has recommended that the zoning regulations applicable to the commercial zoning districts be amended to reduce the maximum allowable building height, and that the Council consider whether exceptions to the reduced building heights be allowed in some instances as a special use, subject to the development of appropriate standards for those special uses; and

WHEREAS, in conjunction with the study of the zoning regulations applicable to the C-1 and C-2 Commercial Zoning Districts, the Village staff has evaluated the regulations applicable to parking and has recommended that the parking requirements be revised so as to assure that adequate off-street parking is provided; and

WHEREAS, the Council of the Village of Winnetka have determined that the scale and character of the established development of the Hubbard Woods, Elm Street, and Indian Hill Commercial Zoning Districts, coupled with increasing demands for parking in those districts warrants the immediate reduction in the existing height limitations and establishment of revised parking standards for the C-1 (Limited Retail) and C-2 (General Retail) Commercial Zoning Districts while it continues to study whether any exceptions to those limitations should be treated as special uses; and

WHEREAS, on February 3, 1998, on due notice thereof, the Winnetka Village Council, sitting as a Committee of the Whole, conducted a Public Hearing to consider the proposed amendments to reduce the maximum allowable building height and to establish more clearly defined parking regulations; and

WHEREAS, the Council of the Village of Winnetka have determined that the maximum building height in the C-1 and C-2 Zoning Districts should be reduced to thirty-five (35) feet or two and one-half (2-1/2) stories, whichever is less, in order to maintain the established character of the commercials districts; and

WHEREAS, the Council of the Village of Winnetka have determined that the lack of readily identifiable suitable sites for parking facilities within the C-1 and C-2 Zoning Districts warrants the continuation of the Village’s policy and practice of relying on on-street parking and municipal parking facilities at the primary source of parking for street level commercial uses; and

WHEREAS, the Council of the Village of Winnetka have determined that the general welfare of the Village and its citizens will best be served by increasing the number of parking spaces to be provided for residential uses and for non-residential uses at street level in the event of new construction or redevelopment of existing buildings that increase the intensity of use of the building.

NOW, THEREFORE, the Council of the Village of Winnetka do ordain as follows:

SECTION 1: That the recitals stated in the foregoing preamble to this Ordinance are adopted by the Council of the Village of Winnetka as its findings.

SECTION 2: Subparagraphs a and b of paragraph 1 of Subsection (b), “Use,” of Section 22.10 of the Winnetka Zoning Ordinance, “C-1” (Limited Retail) Commercial District Regulations are amended to provide as follows:

1. Principal Use. Except as provided in the following subparagraphs a and b, the principal use shall be one of the commercial uses enumerated in this paragraph. Except as otherwise provided in this Code, the ground floor of any building in the “C-1” (Limited Retail) Commercial District shall be used exclusively for such commercial purposes.

a. A dwelling unit located above the ground floor in a commercial building,.

b. Multiple-family dwelling used exclusively for residential purposes provided that it does not exceed the height limitations of subsection (c) of this Section 22.10 and that it meets all other requirements of the “B-2” Multi-Family Residential District regulations;

SECTION 3: Subparagraph c of paragraph 2 of Subsection (b), “Use,” of Section 22.10 of the Winnetka Zoning Ordinance, “C-1” (Limited Retail) Commercial District Regulations is amended to provide as follows:

c. Parking lot, provided that, in addition to the standards set forth in section 22.13 for the granting of special use permits, the applicant demonstrates that the parking lot will comply with all applicable requirements of subsection (k) of this section 22.10, and provided further that no motor vehicles, motor appliances, equipment or supplies shall be offered for sale, repair or service, or be stored for any such purposes;

SECTION 4: Subsection (c), Height, of Section 22.10 of the Winnetka Zoning Ordinance, “C-1” (Limited Retail) Commercial istrict Regulations, is amended to provide as follows:

(c) Height. No building shall have a height greater than thirty five (35) feet or two and one-half (2-1/2) stories, whichever is less; provided that the maximum height limitation may be increased to 40 feet to permit the construction or installation of an enclosure on the roof to contain machinery or equipment or to provide access. No portion of any such enclosure shall occupy more than 10 percent of the gross surface area of the roof and the enclosure shall not be closer than 10 feet, measured horizontally, from the exterior face of the nearest exterior building wall.

No accessory building shall exceed the following heights: on a lot having an area of less than ½ acre, one story or 14 feet; on a lot having an area of ½ acre or more, 1-1/2 stories or 20 feet.

No other structure shall exceed 35 feet in height. If a structure is attached to or supported by a building, its height, together with that of the building to which it is attached or supported, shall not exceed the height limit applicable to the building.

SECTION 5: Subsection (e), Intensity of Use of Lot, of Section 22.10 of the Winnetka Zoning Ordinance, “C-1” (Limited Retail) Commercial District Regulations, is amended to provided as follows:

(e) Intensity of Use of Lot. The principal buildings, in combination with their accessory buildings, accessory structures and all other impermeable surfaces, shall not occupy more than 90 percent of the area of the lot. Any floor above the ground level of a commercial building that is used partially or wholly for residential purposes shall not occupy more than 60 percent of the area of an interior lot nor more than 70 percent of the area of a corner lot.

SECTION 6: Subsection (k) of Section 22.10 of the Winnetka Zoning Ordinance, “C-1" (Limited Retail) Commercial District Regulations, is hereby amended to provide as follows:

(k) Parking. Off-street parking shall be provided for all commercial and residential uses in the “C-1" (Limited Retail) Zoning District, subject to the following conditions and exceptions:

1. Subject to the exceptions in paragraphs 3 and 4 of this subsection, there shall be at least two (2) parking spaces for each dwelling unit, plus an additional one-quarter (1/4) parking space per dwelling unit, which shall be designated as guest parking.

2. Subject to the exceptions in paragraphs 3 and 4 of this subsection, there shall be at least two (2) parking spaces for each 1,000 square feet of gross floor area used for non-residential purposes.

3. Off-street parking shall not be required for non-residential uses located at street level.

4. Off-street parking shall not be required for non-residential uses or residential uses in existence as of February 3, 1998, unless either the number of dwelling units in, or the gross floor area of, the building, structure or premises in which the excepted uses are located increases by an aggregate of 15% or more after February 3, 1998.

5. All parking areas shall provide for proper drainage to a storm sewer, as determined by the Superintendent.

6. All parking areas shall be surfaced with an all-weather, dust-proof surfacing material, as approved by the Superintendent.

7. All parking areas shall at all times be maintained in such a manner as to be free of dust, trash and debris.

8. The location, design, dimensions and configuration of all parking spaces, parking lots and parking garages shall be established pursuant to the standards set forth in the Fourth Edition of the Traffic Engineering Handbooks, published by the Institute of Transportation Engineers, Jesse L. Pine, editor, as determined by the Village Engineer, which handbook is incorporated herein by reference.

9. All parking spaces, parking lots and parking garages shall meet all State and federal requirements for accessibility.

10. Off-street parking shall be located on the same lot as the residential or non-residential uses it is intended to serve, except that all or some of the parking required by this section may be located at a different site, subject to the approval of the Director and the Village Engineer, in order to consolidate the required parking for more than one lot. If the remote parking allowed by the foregoing exception is in a parking lot or parking garage, the parking lot or parking garage shall meet all of the applicable requirements of subsections (b)2c and this subsection (b)2k of section 22.10.

11. All parking spaces required by this subsection shall be located below grade, except that street level and above street level may be permitted as a special use.

SECTION 7: Paragraph 1 and Subparagraph 1.a. of Subsection (b), “Use,” of Section 22.11 of the Winnetka Zoning Ordinance, “C-2” (General Retail) Commercial District Regulations are amended to provide as follows:

1. Principal Use. Except as provided in the following subparagraphs a and b, the principal use shall be one of the commercial uses enumerated in this paragraph. Except as otherwise provided in this Code, the ground floor of any building in the “C-2” (General Retail) Commercial District shall be used exclusively for such commercial purposes.

a. A dwelling unit located above the ground floor in a commercial building.

SECTION 8: Subparagraph g of paragraph 2 of subsection (b) of Section 22.11 of the Winnetka Zoning Ordinance, “C-2" (General Retail) Commercial District Regulations, is hereby amended to provide as follows:

g. Parking lot, provided that, in addition to the standards set forth in section 22.13 for the granting of special use permit, the applicant demonstrates that the parking lot will comply with all applicable requirements of subsection (k) of this section 22.11, and provided further that no motor vehicles, motor appliances, equipment or supplies shall be offered for sale, repair or service, or be stored for any such purposes;

SECTION 9: Subsection (c), Height, of Section 22.11 of the Winnetka Zoning Ordinance, “C-2” (General Retail) Commercial District Regulations, is amended to provide as follows:

(c) Height. No building shall have a height greater than thirty five (35) feet or two and one-half (2-1/2) stories, whichever is less; provided that the maximum height limitation may be increased to 40 feet to permit the construction or installation of an enclosure on the roof to contain machinery or equipment or to provide access. No portion of any such enclosure shall occupy more than 10 percent of the gross surface area of the roof and the enclosure shall not be closer than 10 feet, measured horizontally, from the exterior face of the nearest exterior building wall.

No accessory building shall exceed the following heights: on a lot having an area of less than ½ acre, one story or 14 feet; on a lot having an area of ½ acre or more, 1-1/2 stories or 20 feet.

No other structure shall exceed 35 feet in height. If a structure is attached to or supported by a building, its height, together with that of the building to which it is attached or supported, shall not exceed the height limit applicable to the building.

SECTION 10: Subsection (e), Intensity of Use of Lot, of Section 22.11 of the Winnetka Zoning Ordinance, “C-2” (General Retail) Commercial District Regulations, is amended to provided as follows:

(e) Intensity of Use of Lot. The principal buildings, in combination with their accessory buildings, accessory structures and all other impermeable surfaces, shall not occupy more than 90 percent of the area of the lot. Any floor above the ground level of a commercial building that is used partially or wholly for residential purposes shall not occupy more than 60 percent of the area of an interior lot nor more than 70 percent of the area of a corner lot.

SECTION 11: Subsection (k), Parking, of Section 22.11 of the Winnetka Zoning Ordinance, “C-2" (Limited Retail) Commercial District Regulations, is hereby amended to provide as follows:

(k) Parking. Off-street parking shall be provided for all commercial and residential uses in the “C-2" (Limited Retail) Zoning District, subject to the following conditions and exceptions: