TEXT AMENDMENT TO THE MUNICIPAL CODE OF THE VILLAGE OF GLENVIEW

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Village of Glenview Plan Commission STAFF REPORT October 25, 2016 TO: Chairman and Plan Commissioners FROM: Community Development Department CASE MANAGER: Jeff Rogers, Planning Manager CASE # :

1 Village of Glenview Plan Commission STAFF REPORT October 25, 2016 TO: Chairman and Plan Commissioners FROM: Community Development Department CASE MANAGER: Jeff Rogers, Planning Manager CASE # : P PROJECT NAME: Text Amendment regarding Definitions, Sports Goals, Solar Panels, Wind Turbines, and Storage Containers SUBJECT: Text Amendment to Chapter 98 of the Municipal Code ACTION REQUESTED: Staff requests consideration of a Plan Commission recommendation to the Board of Trustees. APPLICANT / CONTACT: Planning Division Village of Glenview 2500 East Lake Avenue Glenview, IL Tel: (847) TEXT AMENDMENT TO THE MUNICIPAL CODE OF THE VILLAGE OF GLENVIEW PROPOSAL: Staff requests Plan Commission consideration of a proposed text amendment to the Municipal Code, Chapter 98, Zoning., Article I. and Article V. Accessory Uses and Home Occupations. The proposed amendment is intended as a general housekeeping update both to further clarify requirements of the Code and incorporate various policy interpretations currently employed by the Department for the sake of transparency. Staff Report Disclaimer: Village staff makes no representations regarding support, endorsement, or the likelihood of approval or disapproval by any Glenview regulatory commission or the Board of Trustees.

2 Project Summary BACKGROUND: Chapter 98 of the Glenview Municipal Code is amended from time-to-time to reflect interpretations by staff regarding emerging property maintenance and zoning requirements. The various text amendments proposed at this time are intended to solicit Plan Commission and Board of Trustees input regarding recent staff interpretations and enforcement practices of the Department, adding clarity for the benefit of both staff and the public. The proposed text amendments would clarify requirements applicable to the following accessory and/or temporary uses: a.) the quantity of kitchens in a single-family residence; b.) bulk regulations applicable to solar panels; c.) the quantity of sports goals upon a property; d.) bulk regulations applicable to bay additions; e.) bulk regulations applicable to windmills and wind turbines; and f.) provisions regulating temporary storage containers and refuse dumpsters. 2

3 Plan Commission Review Staff requests the Plan Commission s review and comment regarding the proposed text amendments prior to a recommendation for approval to the Village Board of Trustees. PROPOSAL: Staff has provided a summary of the specific conditions precipitating consideration of the various proposed text amendments. The amendments are listed in chronological order as they would appear in the text of the Code. Staff requests consideration and public comment regarding the following amendments. All proposed revisions/additions to the text of the Code are depicted in red font. Quantity of Cooking Spaces in a Dwelling Unit Village staff has applied a requirement relating to the quantity of cooking spaces within a single-family dwelling unit which limits residences to one (1) kitchen, but allows for the inclusion of additional wet bar areas, butler s pantries, etc. The proposed text amendments would clarify the restrictions that are currently enforced: Sec Definitions. Cooking space means an area used for food preparation including the use of kitchen appliances including stoves, ranges, ovens, microwaves, refrigerators, freezers, mixing equipment, blenders, and similar appliances but shall exclude secondary beverage service areas improved with only bar counters, sinks, compact refrigerators, freestanding freezers, dishwashers, and/or wine cellars. Dwelling unit means one or more rooms in a residential building or residential portion of a building which are arranged, designed, used or intended for use by one family, and which includes one cooking space and lawful sanitary facilities reserved for the occupants thereof. Solar Panels As technologies inherent to solar panels has improved over time and Federal subsidy programs have become available incentivizing their use in private construction, the number of solar panels included upon development plans throughout the Village has increased. Staff proposes the following amendment to clarify that solar panels must comply with all bulk regulations of the district in which they are located: Sec Same Specific examples. (a) Any of the following buildings, structures or uses may be an accessory use, provided that such buildings, structure or uses fit the general definition of the term "accessory use" as set forth in section and comply with the bulk regulations set forth in section : (8) Private utility infrastructure including air conditioning condensers, electric generators, vehicle charging equipment, water tanks, above ground fuel tanks, solar panels, and other similar devices. 3

4 Quantity of Sports Goals In recent years and in specific regard to the increasing popularity of seasonal ice skating and ice hockey sports, staff has developed a zoning ordinance interpretation regarding sports courts to allow for temporary ice rinks. Upon review of the current text of the ordinance, staff developed modifications to the Code which would clarify the intent of the ordinance to limit sports courts upon private property to appropriate locations with sufficient allowances for sports goals to accommodate the various sports. The proposed amendments are as follows: Sec Same Specific examples. (b) Any of the following buildings, structures, or uses may be an accessory use, provided that such buildings, structures, or uses fit the general definition of the term "accessory use" as set forth in section and comply with the bulk regulations set forth in section , except as otherwise provided in accordance with the following conditions: (8) Recreational equipment, except in front yards or side yards abutting a street; however, basketball equipment and other sports goal equipment shall be subject to the following requirements: a. Two One backboards and hoops, goals, or nets, shall be allowed per lot, except only one backboard and hoop, goal, or net shall be allowed within a front yard or side yard abutting a street or closer to any front lot line or side lot line abutting a street than the nearest wall of the principal residence upon the lot. b. A backboard and hoop shall be set back from any front lot line, rear lot line, or side lot line abutting a street at a minimum distance equal to one-half the setback required in accordance with section c. The backboard and hoop, goal, or net, shall not be located closer than ten feet from an interior side lot line, regardless of whether the equipment is placed in a rear, side, or front yard. (9) Sports courts, except in front yards or side yards abutting a street, subject to a minimum setback of ten feet to any lot line, provided that basketball equipment and other sports goal equipment comply with the requirements of subsection (8) of this section. Bay Additions The Code provides direction regarding the placement, size, and classification of bay windows, however the Code is silent regarding the applicability and/or extension of these requirements to bay additions. Though similar in nature, a bay addition typically extends the full height from finished floor to ceiling while a bay window does not extend to the finished floor. To be classified as true bay structures, staff proposes the addition of text clarifying that bay additions which shall be permitted to encroach into required setbacks shall utilize projecting floor joists and must not include foundations: Sec Definitions. Bay addition means an extension of interior floor space which protrudes from the façade of a structure whether with or without a foundation which includes open space from the finished floor 4

5 to the ceiling without a window seat, bench, shelf, or other barrier internal to the space which obstructs the floor area. Bay window means an oriel, bow or similar addition which protrudes from the facade of a structure and shall include a window seat, bench, shelf, or other barrier internal to the space obstructing the floor area of the addition from the ceiling, and shall be designed in accordance with the provisions of section (b). Maximum building size (MBS) means the cumulative total square footage of a building, based on the outside dimensions of the building, including related accessory buildings, such as attached or detached garages, whether above or below grade, guesthouses and pool houses, and bay additions, excluding sheds, detached gazebos, open porches, bay windows, basements and attics. Calculation of square footage shall be measured at a point no greater than six feet above the floor surface of each story. When calculating the MBS, the area of the lot shall be: (1) The lot size, as defined in this chapter; or (2) For lots in which the length of the lot is greater than three times the width of the lot, an area calculated by multiplying the lot width by three times the lot width. Sec Same Specific examples. (b) Any of the following buildings, structures, or uses may be an accessory use, provided that such buildings, structures, or uses fit the general definition of the term "accessory use" as set forth in section and comply with the bulk regulations set forth in section , except as otherwise provided in accordance with the following conditions: (15) The following permitted obstructions in required yards: b. Bay windows, bay additions without foundations, and balconies projecting not more than 24 inches into required front, rear or side yards for a width not greater than ten feet. Windmills and Wind Turbines Similar to solar panels, energy generators harnessing wind power have become more prevalent throughout private construction within the Village. Staff proposes the following amendment to clarify that windmills and wind turbines solar panels must comply with maximum building height requirements and shall be setback at sufficient distances to allow for installation, maintenance, and removal, wholly upon a single lot. Additionally, the provision would clarify that only one such system would be permitted per lot: Sec Same Specific examples. (b) Any of the following buildings, structures, or uses may be an accessory use, provided that such buildings, structures, or uses fit the general definition of the term "accessory use" as set forth in section and comply with the bulk regulations set forth in section , except as otherwise provided in accordance with the following conditions: (19) A Windmill or wind turbine except in front yards and side yards abutting a street, subject to the following requirements: 5

6 a. The height of any windmill or wind turbine shall not exceed the maximum building height for the district in which it is located. b. The minimum rear yard and interior side yard setbacks shall be equal to the height of the windmill or wind turbine. Storage Containers and Refuse Dumpsters With the growing popularity of the use of storage containers to facilitate moves and transfer of seasonal property to and from storage facilities, as well as the use of storage containers and refuse dumpsters on construction sites, staff has developed a draft policy to allow for the responsible use of such receptacles within the Village. The following is a draft ordinance which would allow for the use of these uses on a temporary basis: Sec Temporary uses. The following uses of land are permitted in each district, subject to the specific regulations and time limits which follow and the regulations of the district in which the use is located: (3) Contractors' offices, and equipment sheds, commercial storage containers, and refuse dumpsters, containing no sleeping or cooking accommodations, accessory to a construction project, within the extents of a site development fence, and shall continue only during the duration of such project. (8) Mobile storage containers in residential districts upon private property only upon a driveway and when accessory to a principal residence, and shall continue only for a period of up to 72 consecutive hours and upon no more than six days in any calendar year. PUBLIC OUTREACH: Staff has distributed copies of this staff report to local green technology and sports court installation contractors for feedback and comment. As of press time, no comments have been received by staff. 6

7 Technical Review PUBLIC OUTREACH: A. 10/06/16 Public Notice Published in the Glenview Lantern B. 10/25/16 Plan Commission Consideration C. TBD Village Board of Trustees First Consideration D. TBD Village Board of Trustees Second Consideration 2016 REQUIRED APPROVAL(s): The following chart details the necessary required approvals. A B C D Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Required Regulatory Review A. Text Amendment to the Municipal Code B. Annexation C. Annexation with Annexation Agreement D. Comprehensive Plan Amendment E. Official Map Amendment F. Rezoning G. Planned Development H. Conditional Use I. Final Site Plan Review J. Second Curb Cut K. Subdivision (Preliminary, Final, and Waivers) L. Variation(s) (Zoning Board of Appeals) M. Certificate of Appropriateness (Appearance Commission) N. Final Engineering Approval & Outside Agency Permits O. Building Permits P. Building & Engineering Inspections Q. Recorded Documents (Development Agreements, Easements, Covenants, etc.) R. Business License S. Certificate of Occupancy Attachments & Exhibits 1. Sample Motion 2. Public Notice 7

8 Sample Motion Based upon staff s materials, testimony, and discussion relating to the petition, I move in the case of P , Text Amendment to Chapter 98 of the Municipal Code, that the Plan Commission recommend the Village Board of Trustees grant approval, in accordance with the following content amendments and additions: Sec Definitions. Bay addition means an extension of interior floor space which protrudes from the façade of a structure whether with or without a foundation which includes open space from the finished floor to the ceiling without a window seat, bench, shelf, or other barrier internal to the space which obstructs the floor area. Cooking space means an area used for food preparation including the use of kitchen appliances including stoves, ranges, ovens, microwaves, refrigerators, freezers, mixing equipment, blenders, and similar appliances but shall exclude secondary beverage service areas improved with only bar counters, sinks, compact refrigerators, freestanding freezers, dishwashers, and/or wine cellars. Dwelling unit means one or more rooms in a residential building or residential portion of a building which are arranged, designed, used or intended for use by one family, and which includes one cooking space and lawful sanitary facilities reserved for the occupants thereof. Maximum building size (MBS) means the cumulative total square footage of a building, based on the outside dimensions of the building, including related accessory buildings, such as attached or detached garages, whether above or below grade, guesthouses and pool houses, and bay additions, excluding sheds, detached gazebos, open porches, bay windows, basements and attics. Calculation of square footage shall be measured at a point no greater than six feet above the floor surface of each story. When calculating the MBS, the area of the lot shall be: (1) The lot size, as defined in this chapter; or (2) For lots in which the length of the lot is greater than three times the width of the lot, an area calculated by multiplying the lot width by three times the lot width. Sec Same Specific examples. (a) Any of the following buildings, structures or uses may be an accessory use, provided that such buildings, structure or uses fit the general definition of the term "accessory use" as set forth in section and comply with the bulk regulations set forth in section : (8) Private utility infrastructure including air conditioning condensers, electric generators, vehicle charging equipment, water tanks, above ground fuel tanks, solar panels, and other similar devices. (b) Any of the following buildings, structures, or uses may be an accessory use, provided that such buildings, structures, or uses fit the general definition of the term "accessory use" as set forth in 8

9 section and comply with the bulk regulations set forth in section , except as otherwise provided in accordance with the following conditions: (8) Recreational equipment, except in front yards or side yards abutting a street; however, basketball equipment and other sports goal equipment shall be subject to the following requirements: a. Two One backboards and hoops, goals, or nets, shall be allowed per lot, except only one backboard and hoop, goal, or net shall be allowed within a front yard or side yard abutting a street or closer to any front lot line or side lot line abutting a street than the nearest wall of the principal residence upon the lot. b. A backboard and hoop shall be set back from any front lot line, rear lot line, or side lot line abutting a street at a minimum distance equal to one-half the setback required in accordance with section c. The backboard and hoop, goal, or net, shall not be located closer than ten feet from an interior side lot line, regardless of whether the equipment is placed in a rear, side, or front yard. (9) Sports courts, except in front yards or side yards abutting a street, subject to a minimum setback of ten feet to any lot line, provided that basketball equipment and other sports goal equipment comply with the requirements of subsection (8) of this section. (15) The following permitted obstructions in required yards: b. Bay windows, bay additions without foundations, and balconies projecting not more than 24 inches into required front, rear or side yards for a width not greater than ten feet. (19) A Windmill or wind turbine except in front yards and side yards abutting a street, subject to the following requirements: a. The height of any windmill or wind turbine shall not exceed the maximum building height for the district in which it is located. b. The minimum rear yard and interior side yard setbacks shall be equal to the height of the windmill or wind turbine. Sec Temporary uses. The following uses of land are permitted in each district, subject to the specific regulations and time limits which follow and the regulations of the district in which the use is located: (3) Contractors' offices, and equipment sheds, storage containers, and refuse dumpsters, containing no sleeping or cooking accommodations, accessory to a construction project, within the extents of a site development fence, and shall continue only during the duration of such project. (8) Mobile storage containers in residential districts upon private property only upon a driveway and when accessory to a principal residence, and shall continue only for a period of up to 72 consecutive hours and upon no more than six days in any calendar year. 9

10 VILLAGE OF GLENVIEW PUBLIC NOTICE P PROPOSED TEXT AMENDMENT Notice is hereby given that a Public Hearing will be held by the Glenview Plan Commission on Tuesday, October 25, 2016 at 7:00 p.m. at the Village Hall, 2500 East Lake Avenue, Glenview, Illinois to consider proposed amendments to Zoning, Chapter 98, Article I., In General, and Article IV, Accessory Uses and Home Occupations and any related provisions of the Glenview Municipal Code and Zoning Ordinance so as to amend the requirements for accessory uses and permitted obstructions in required yards. All persons interested should attend and will be given an opportunity to be heard. For further information, please call Jeff Rogers, Planning Manager, at (847) Glenview Plan Commission Steven K. Bucklin, Chairman ATTEST: Jeff Rogers, AICP Planning Manager Publication Date: October 6,

TEXT AMENDMENT TO THE MUNICIPAL CODE OF THE VILLAGE OF GLENVIEW

TEXT AMENDMENT TO THE MUNICIPAL CODE OF THE VILLAGE OF GLENVIEW Village of Glenview Plan Commission STAFF REPORT December 13, 2016 TO: Chairman and Plan Commissioners FROM: Community Development Department CASE MANAGER: Jeff Rogers, Planning Manager CASE # : PROJECT