ORDINANCE NO. MC-202-98

Skip to code content (skip section selection)

Compare to:

Winnetka Overview

Winnetka, IL Village Code

Village of Winnetka, IL Ordinances and Resolutions

VILLAGE OF WINNETKA M-ORDINANCES

VILLAGE OF WINNETKA MC-ORDINANCES

VILLAGE OF WINNETKA RESOLUTIONS

Winnetka, IL Village Council Minutes

WINNETKA VILLAGE COUNCIL MEETING MINUTES

ORDINANCE NO. MC-202-98

AN ORDINANCE AMENDING THE PROVISIONS OF THE WINNETKA ZONING ORDINANCE PERTAINING TO BUILDING HEIGHT, INTENSITY OF USE, AND PARKING IN THE MULTI-FAMILY RESIDENTIAL 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 & Associates to work with the Plan Commission and Village staff in developing the revised Twenty Year Comprehensive Plan; and

WHEREAS, the work under the Thompson, Dyke & Associates contract has included conducting a preliminary analysis of the zoning regulations in the B-1 and B-2 Multi-Family Residential Zoning Districts; and

WHEREAS, the work on the revised Comprehensive Plan has also 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 March 2, 1998, recommendations of the Plan Commission on the multi-family zoning regulations, which were submitted after considering the February 17, 1998 consultant memorandum of Thompson, Dyke & Associates pertaining to multi-family zoning regulations in the B-1 and B-2 Multi-Family Zoning District and the documents referenced in that memorandum; and

WHEREAS, the Plan Commission has recommended that the zoning regulations applicable to the multi-family zoning districts be amended to reduce the maximum allowable building height, to lower the maximum number of dwelling units allowed per acre, to increase parking requirements, to establish a maximum permitted floor area ratio, to reduce the maximum permitted lot coverage; and

WHEREAS, Thompson Dyke & Associates has made specific recommendations as to limits and requirements recommended by the Plan Commission and has further recommended the elimination of the B-2 Multi-Family Zoning District and the creation of a townhouse zoning district; and

WHEREAS, the Village Council have determined that the recommended elimination of the B-2 Multi-Family Zoning District and the recommended creation of a townhouse zoning district require further study and have accordingly directed the Village staff to draft an ordinance that amends the use, bulk and parking regulations of the B-1 and B-2 Multi-Family Zoning Districts, limits the multi-family uses permitted in the C-1 (Limited Retail) Zoning District, and that retains the existing zoning district boundaries and classifications; and

WHEREAS, on March 17, 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; and

WHEREAS, the Council of the Village of Winnetka have determined that the standards in the B-1 and B-2 Zoning Districts pertaining to maximum building height, set backs, density, intensity of use of lot, maximum building size and parking requirements for permitted multi-family buildings should be reduced from their existing levels in order to encourage the development of property in the B-1 and B-2 Zoning Districts as a buffer between single family residential zoning districts and adjacent commercial districts and major traffic corridors; and

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: That 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 subparagraph a, 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. (Repealed.)

SECTION 3 : That paragraph 1 of Subsection (b), “Use, “ of Section 22.08 of the Winnetka Zoning Ordinance, “B-1” Multi-Family Residential District Regulations, is amended to provide as follows:

(b) Use. No building or premises shall be used and no building shall be erected or altered within the “B-1” Multi-Family Residential District, unless otherwise provided for in this ordinance, except for the following uses (together with accessory buildings and uses as defined in section 22.04).

1. Principal Use.

a. Two-family dwelling (each dwelling unit to be occupied only by a single family as defined in section 22.04).

b. Multiple-family dwelling (each dwelling unit to be occupied only by a single family as defined in section 22.04).

SECTION 4: That subsection (c), “Height,” of Section 22.08 of the Winnetka Zoning Ordinance, “B-1” Multi-Family Residential 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 (2½) stories, whichever is less.

On through lots of 125 feet or less in depth, the height of a building or other structure may be measured from the established sidewalk level on either street. On through lots of more than 125 feet in depth, the height regulations and basis of height measurement from the street permitting the greater height shall apply to a depth of not more than 100 feet from that street.

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, 1½ 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: That subsection (d), “Lot Area,” of Section 22.08 of the Winnetka Zoning Ordinance, “B-1” Multi-Family Residential District Regulations, is amended to change its title to “Units Per Acre” and to provide as follows:

(d) Units Per Acre. No dwelling or group of dwellings shall be erected or altered to accommodate or make provision for more than 18 dwelling units on any acre of land, nor make provision for more than a proportional number of units on a fractional part of any acre of land. Except that a multiple-family dwelling or group of dwellings may be erected to accommodate or make provision for not more than 24 dwelling units on any acre of land or for not more than a proportional number of units on a fractional part of an acre of land, if the lot on which such dwelling or group of dwellings is constructed has a lot area of at least 14,520 square feet and an average width of 120 feet or more.

SECTION 6: That subsection (f), “Intensity of Use of Lot,” of Section 22.08 of the Winnetka Zoning Ordinance, “B-1” Multi-Family Residential District Regulations, is amended to provide as follows:

(f) Intensity of Use of Lot. No principal building with its accessory buildings shall occupy in excess of 40 percent of the area of the lot, nor shall more than 60 percent of the lot area be covered by impermeable surfaces, including all buildings.

SECTION 7: That subsection (h), “Set Back,” of Section 22.08 of the Winnetka Zoning Ordinance, “B-1” Multi-Family Residential District Regulations, is amended to provide as follows:

(h) Set Back.

1. There shall be a front yard set back of not less than 25 feet.

2. On corner lots the set back shall be observed from both street lines of the lot, except that this regulation shall not reduce the width of the buildable area as measured from the minimum required side yard to less than 60 percent of the average width of the lot, and shall not reduce the length of the buildable area as measured from the minimum required rear yard to less than 50 percent of the maximum depth of the lot. In no event shall the front yard set back and the corner (front) set back be less than 25 feet.

3. Where a lot has three street frontages and where a side or rear yard line does not exist from which to measure the width or depth of the buildable area, the buildable area shall be situated on the lot so that equal set backs shall be required from the opposite street lines.

4, Accessory buildings shall not be placed nearer the street lines than the principal building except on through lots and in such cases the set back provision of each street shall be observed.

SECTION 8: That subsection (i), “Side Yard,” of Section 22.08 of the Winnetka Zoning Ordinance, “B-1” Multi-Family Residential District Regulations, is amended to provide as follows:

(i) Side Yard. There shall be a side yard on each side of the lot having a width of not less than 12 feet.

SECTION 9: That section (j), “Rear Yard,” of Section 22.08 of the Winnetka Zoning Ordinance, “B-1” Multi-Family Residential District Regulations, is amended to provide as follows:

(j) Rear Yard. There shall be a rear yard of not less than 20 feet. If the boundary line of the rear yard abuts the rear of a parcel that is zoned for single family residential use, the rear yard shall not be less than 30 feet. Whenever any boundary line of the rear yard of any lot is also the side line of a required side yard on an adjoining lot, no building nor any part thereof shall be built in the rear yard closer to the side line of the adjoining lot than the width of the required side yard on the adjoining lot.

SECTION 10: That subsection (p), “Parking,” of Section 22.08 of the Winnetka Zoning Ordinance, “B-1” Multi-Family Residential District Regulations, is amended to provide as follows:

(p) Parking. 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. The required parking shall meet the following conditions:

1. One of the parking spaces required for each dwelling unit shall be fully enclosed either within an accessory garage building or within the two-family or multiple-family building. All required parking spaces shall be located on the same lot as the uses they are intended to serve, except that all or some of the parking required by this section may be located at a different off-street site, subject to the approval of the Director and the Village Engineer, in order to consolidate the required parking for more than one lot.

2. Each parking space shall open directly upon an aisle or driveway which connects with a public alley or private or public street.

3. No required parking space shall be located within a required front yard or within five feet of any lot line.

4. Off-street parking shall not be required for multi-family buildings or 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 include a sufficient number of parking spaces to meet all State and federal requirement for accessibility by the disabled.

10. All parking spaces required by this subsection shall be located at or below grade.

SECTION 11: That Section 22.08, of the Winnetka Zoning Ordinance, “B-1” Multi-Family Residential District Regulations, is amended by adding a new subsection (t), which shall be entitled, “Maximum Building Size” and shall provide as follows:

(t) Maximum Building Size. No building, other similar structure or addition thereto shall be constructed on any lot if that construction will result in a floor area ratio (FAR) of more than 80 percent (.80).

SECTION 12: That subsection (b), “Height,” of Section 22.09 of the Winnetka Zoning Ordinance, “B-2” Multi-Family Residential District Regulations, is amended to provide as follows:

(b) Height. No multiple-family dwelling 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.

SECTION 13: That subsection (c), “Lot Area,” of Section 22.09 of the Winnetka Zoning Ordinance, “B-2” Multi-Family Residential District Regulations, is amended to change its title to “Units Per Acre” and to provide as follows:

(c) Units Per Acre. No multiple-family dwelling shall be erected or altered to accommodate or make provision for more than 30 dwelling units on any acre of land, nor make provision for more than a proportional number of units on a fractional part of any acre of land.

SECTION 14: That subsection (d), “Intensity of Use of Lot,” of Section 22.09 of the Winnetka Zoning Ordinance, “B-2” Multi-Family Residential District Regulations, is amended to provide as follows:

(d) Intensity of Use of Lot. No multiple-family dwelling, together with accessory buildings and the portion of the lot outside of the multiple-family dwelling devoted to parking areas and other impermeable surfaces, shall occupy in excess of 60 percent of the area of the lot.

SECTION 15: That subsection (f), “Set Back,” of Section 22.09 of the Winnetka Zoning Ordinance, “B-2” Multi-Family Residential District Regulations, is amended to provide as follows:

(f) Set Back.

1. There shall be a front yard set back of not less than 25 feet.

4, Accessory buildings shall not be placed nearer the street lines than the principal building except on through lots and in such cases the set back provision of each street shall be observed.

SECTION 16: That subsection (g), “Side Yard,” of Section 22.09 of the Winnetka Zoning Ordinance, “B-2” Multi-Family Residential District Regulations, is amended to provide as follows:

(g) Side Yard. There shall be a side yard on each side of the lot having a width of not less than 12 feet.

SECTION 17: That section (h), “Rear Yard,” of Section 22.09 of the Winnetka Zoning Ordinance, is amended to provide as follows:

(h) Rear Yard. There shall be a rear yard of not less than 20 feet. If the boundary line of the rear yard abuts the rear of a parcel that is zoned for single family residential use, the rear yard shall not be less than 30 feet. Whenever any boundary line of the rear yard of any lot is also the side line of a required side yard on an adjoining lot, no building nor any part thereof shall be built in the rear yard closer to the side line of the adjoining lot than the width of the required side yard on the adjoining lot.

SECTION 18: That subsection (k), “Parking,” of Section 22.09 of the Winnetka Zoning Ordinance, “B-2” Multi-Family Residential District Regulations, is amended to provide as follows:

(k) Parking. 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. The required parking shall meet the following conditions:

1. One of the parking spaces required for each dwelling unit shall be fully enclosed either in an accessory garage building or within the two-family or multiple-family building. All required parking spaces shall be located on the same lot as the uses they are intended to serve, except that all or some of the parking required by this section may be located at a different off-street site, subject to the approval of the Director and the Village Engineer, in order to consolidate the required parking for more than one lot.

2. Each parking space shall open directly upon an aisle or driveway which connects with a public alley or private or public street.

3. No required parking space shall be located within a required front yard or within five feet of any lot line.

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.

9. All parking spaces, parking lots and parking garages shall include a sufficient number of parking spaces to meet all State and federal requirement for accessibility by the disabled.

10. All parking spaces required by this subsection shall be located at or below grade.

SECTION 19: That Section 22.09, of the Winnetka Zoning Ordinance, “B-2” Multi-Family Residential District Regulations, is amended by adding a new subsection (n), which shall be entitled, “Maximum Building Size” and shall provide as follows:

(n) Maximum Building Size. No building, other similar structure or addition thereto shall be constructed on any lot if that construction will result in a floor area ratio (FAR) of more than 80 percent (.80).

SECTION 20 : This Ordinance shall take effect immediately upon passage, approval and posting.

ADOPTED this 7th day of April, 1998, pursuant to the following roll call vote:

AYES: Trustees Derning, Hilton, Lanphier, Lien and Meuer

NAYS: None

ABSENT: Trustee Duhl

Signed:

s/s Louise A. Holland

Village President

Countersigned:

s/s Douglas G. Williams

Village Clerk

Introduced: March 17, 1998

Posted: March 18, 1998

Passed and Approved: April 7, 1998

Posted: April 8, 1998

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc