VILLAGE OF
LONG GROVE
ORDINANCE NO.
2007-O-__
AN ORDINANCE AMENDING VARIOUS PROVISIONS
OF TITLE 5 (ZONING
REGULATIONS)
OF
THE LONG GROVE VILLAGE CODE
WHEREAS, on April 24, 2007, the President and Board
of Trustees of the Village of Long Grove adopted Ordinance No. 2007-O-04,
approving a comprehensive amendment to the Long Grove zoning regulations
contained in Title 5 of the Long Grove Village Code ("Zoning Code"); and
WHEREAS, following the approval of the
comprehensive amendment to the Zoning Code, the Village Board referred certain
Zoning Code provisions to Village staff and Village consultants for further consideration,
review, and recommendations, including without limitation the maximum floor
area and maximum height regulations for residential districts; and
WHEREAS, after several meetings of Village staff
and consultants, recommendations for various amendments to the Zoning Code were
forwarded to the Village Board; and
WHEREAS, after review and consideration of the
recommendations of staff and consultants, the Village Board referred the
proposed Zoning Code amendments to the Plan Commission for consideration and
public hearing; and
WHEREAS, pursuant to
notice duly published, on September 3, 2007, continued to October 2, 2007, the
Plan Commission commenced public hearings to discuss and consider the proposed
amendments to the Zoning Code; and
[***INSERT RECITAL TO SET FORTH FINDINGS***]
WHEREAS,
at the October, 2007 public hearing, the Plan Commission voted to recommend
approval of certain amendments to the Zoning Code; and
WHEREAS,
the President and Board of Trustees have considered the findings and
recommendations of the Plan Commission and have determined that the amendments
to the Zoning Code, as set forth in this Ordinance, are in the best interests
of the Village and its residents; and
NOW,
THEREFORE, BE IT ORDAINED
by the President and Board of Trustees of the Village of Long Grove,
SECTION
SECTION TWO. Amendments. The following provisions
of Title 5, entitled
"Zoning Regulations," of the Long Grove Village Code are hereby amended
as follows:
A. Amendment to Section 5-3-12. Section 5-3-12, entitled "Bulk,
Space, and Yard Requirements," of the Long Grove Zoning Regulations is
hereby amended to hereafter be and read as follows:
5-3-12 BULK, SPACE,
The building height, lot, yard,
floor area ratio, coverage, and spacing requirements applicable in the residential
districts are set forth in the following table. Footnote references appear in subsection
(G) of this section at the end of the table.
____________________________________________________________________________
R1 R2 R3
____________________________________________________________________________
(A)
(B) Minimum
Lot Area (square feet). (2) 3
acres 2 acres 1 acre
(C) Minimum
Yards and Setbacks. (3)(4)
1. Front and Corner Side (feet) 100 75 50
2.
Side (feet) 50 40 30
3. Rear (feet)(5) 50 40 30
4. Conservancy Area/Scenic Corridor [See subsection 5-3-12(G)54]
(D) Maximum
Gross Floor Area.(6) [See
subsection 5-3-12(G)76]
(E) Maximum
Impervious Surface Coverage.(7) 40% 40% 40%
(F) Minimum
Spacing Between Principal
and
Acces
(G) Exceptions
and Explanatory Notes.
1. Height
Limitation for Acces
2. Nonconforming
Lots. See section
3. Permitted
Obstructions in Required Yards. See section
5-9‑8 of this code for certain structures and uses that may be located in
certain required yards.
4. Special
Conservancy Area and Scenic Corridor Setbacks. Special setbacks for conservancy areas and
scenic corridor areas established in title 7 of this code shall control over
the yard and setback requirements established in this table.
5. Rear
Yard Regulations for Certain Accessory Structures and Uses. Acces
6. Maximum
Floor Area.
(a) The maximum floor area for
a lot in any of the residential zoning districts that meets all of the setback requirements for the underlying zoning
district shall be calculated based on the lot area, [For
purposes of this subsection (a), the calculation of lot area will exclude
50 percent of the wetlands and conservancy district areas on a lot; except that
no such exclusion will apply to lots in planned unit developments to which the
50 percent exclusion under Section 5-11-18(E)2(m)1 has been applied,]
The maximum floor area applicable
pursuant to this subsection (a) is set forth in the following
chart:
|
|
Calculation For Maximum Floor Area |
|
10,000 sq.
ft. to 43,559 sq. ft. |
5,500 sq.
ft. building size + 0.098 sq. ft. of floor area for each sq. ft. of lot area
over 10,000 sq. ft. In no case shall a principal building exceed 8,800 sq.
ft. |
|
43,560 sq.
ft. to 130,679 sq. ft. |
8,800 sq.
ft. building size + 0.025 sq. ft. of floor area for each sq. ft. of lot area
over 43,560 sq. ft. In no case shall a principal building exceed 11,000 sq.
ft. |
|
130,680
sq. ft. and greater |
11,000 sq.
ft. building size + 0.022 sq. ft. of floor area for each sq. ft. of lot area
over 130,680 sq. ft. Where a principal building is 11,000 sq. ft. or greater,
for each 1,000 sq. ft. or fraction thereof over 10,000 sq. ft., the front
yard setback shall be increased an additional 50 ft. In no case shall a principal building
exceed 13,000 sq. ft. |
(b) The maximum
floor area for a lot in any of the residential zoning districts that does not
meet one or more of the setback requirements for the underlying zoning district
shall be calculated based on the lot area, [For purposes of this subsection (b), the calculation of lot area
will exclude 50 percent of the wetlands and conservancy district areas
on a lot; except that no such exclusion will apply to lots in planned unit
developments to which the 50 percent exclusion under Section 5-11-18(E)2(m)1
has been applied,] The maximum floor area applicable pursuant to
this subsection (b) is set forth in the following chart:
|
|
Calculation For Maximum Floor Area |
|
10,000 sq. ft. to 43,559 sq. ft. |
3,500 sq. ft. building size + 0.134
sq. ft. of floor area for each sq. ft. of lot area over 10,000 sq. ft. In no case shall a principal building
exceed 8,000 sq. ft. |
|
43,560 sq. ft. to 130,679 sq. ft. |
8,000 sq. ft. building size + 0.034
sq. ft. of floor area for each sq. ft. of lot area over 43,560 sq. ft. In no case shall a principal building
exceed 11,000 sq. ft. |
|
130,680 sq. ft. and greater |
11,000 sq. ft. building size +
0.022 sq. ft. of floor area for each sq. ft. of lot area over 130,680 sq.
ft. Where a principal building is
11,000 sq. ft. or greater, for each 1,000 sq. ft. or fraction thereof over
11,000 sq. ft., the front yard setback shall be increased an additional 50
ft. In no case shall a principal building
exceed 13,000 sq. ft. |
The maximum floor area restrictions contained in this
paragraph 5-3-12(G)6(b) do not apply to any lot that, as of [DATE -- effective
date of this amendment to the code], either (i) is developed with a single
family dwelling unit or (ii) is part of an approved planned unit development or
subdivision. These lots will be subject
to the maximum floor area restrictions contained in paragraph 5-3-12(G)6(a).
c. No variance or other relief shall be
granted from this paragraph 5-3-12(G)76 except as permitted in an approved planned unit
development pursuant to section 5-11-18 of this code.
87. Public
Safety Uses. In the R2 district
only, a local governmental use designed to provide public safety services
directly to the residents of the village, limited to a fire station, police
station, or similar municipal use, may exceed the maximum impervious surface
coverage restriction pursuant to a special use permit; provided that the owner
must demonstrate that the proposed increase in the maximum impervious surface
coverage will (a) satisfy all of the standards for a special use permit set
forth in section 5-11-17 of this code; (b) enhance the capability of the local
governmental unit to serve the village and its residents; and (c) not adversely
impact storm water drainage for the lot subject to the special use permit, any
adjacent lot, or existing storm water management facilities.
B. Amendment to Subsection 5-11-18(E). Subsection (E), entitled "Standards
for Planned Unit Developments," of Section 5-11-18, entitled "Planned
Unit Developments," of the Long Grove Zoning Regulations is hereby amended
to hereafter be and read as follows:
(E) Standards
for Planned Unit Developments.
1. Special
Use Permit Standards. No special use
permit for a planned unit development shall be recommended or granted pursuant
to this section unless the owner shall establish that the proposed development
will meet each of the standards made applicable to special use permits pursuant
to section 5-11-17 of this code.
2. Additional
Standards for All Planned Unit Developments. No special use permit for a planned unit
development shall be recommended or granted unless the owner shall establish
that the proposed development will meet each of the following additional standards:
(a) Variance
from Applicable District Regulations.
The degree to which the development differs in its performance from what
would be possible under the normal standards of the district in which it is
located. In evaluating this element, the plan commission shall look for the
following:
(1) Residential
Developments:
(i) The
proposed development has substantially increased the amount of common open
space above what would have been required to preserve and protect conservation
areas; or
(ii) The proposed development plan has provided a trail system for
residents; or
(iii) The amount of landscaping is substantially greater than the
minimum required by the code.
(2) Permitted Nonresidential Uses: When commercial uses are proposed in an area where existing uses are at a much higher intensity than those permitted in the B2 district, the planned unit development is intended to permit development that is superior to that of the surrounding uses, but which may be of a higher intensity than the B2 district would permit as a matter-of-right. The commercial use shall demonstrate that the signs are fully in keeping with village ordinances, and are substantially better than those on surrounding lots; and
(b) Promotion
of Character. The degree to which
the development exhibits extra care and attention to details which enhance the
character of the development and promote the rural character of the village
that sets the development apart from projects that could be built without the
aid of this section. The plan commission shall be looking for the following
traits:
(1)
Roads
shall be planted with hedgerows to screen views into a development;
(2)
Buildings
in open fields shall be masked by berms and reforested areas;
(3)
Buildings
shall have a low horizontal profile when built in old fields or grasslands;
(4)
Front
yards or rights of way should be planted with natural landscaping;
(5) Open spaces larger than scenic easements are preferred and should be planted with prairie mixes or reforested.
(c) Design
Enhancements. The degree to which
any requested increase in density reflects an investment in better design,
landscaping, or facilities. The plan commission should have review materials
presented by the developer indicating that the credits sought are based in real
investments in excess of what is required under the minimum standards of the
ordinance.
(d) Amenities. The degree to which the developer has gone to
better preserve critical natural environments, restore or mitigate degraded or
distressed environments, alleviated off-site problems, or provided other
improvements that benefit all residents of the community. The plan commission
should review both an inventory of natural features on the site and plans
demonstrating the developer is taking greater care in preserving resources than
is required by the village ordinances.
(e) Comprehensive
Plan. A planned unit development
must conform with the intent and spirit of the proposals of the comprehensive
village plan.
(f) Minimum
Area. The site of the planned unit development must be under single
ownership and/or unified control and be not less than five (5) acres in area.
(g) Compatibility.
The uses permitted in a planned unit development must be of a type and so
located so as to exercise no undue detrimental influence upon surrounding
properties.
(h) Need.
A clear showing of need must be made by means of an economic feasibility, land
utilization and marketing study.
(i) Space
Between Buildings. The minimum horizontal distance between buildings shall
be not less than twenty feet (20') or equal to the height of adjacent
freestanding, unattached building, whichever is greater.
(j) Yards.
The required yards along the periphery of the planned unit development shall be
at least equal in width or depth to that of the adjacent zoning district.
(k) Parking
Requirements. Adequate parking shall be provided and in no event shall the
parking be less than that provided for in other sections of this title.
(l) Traffic.
Adequate provision shall be made to provide ingress and egress so designed as
to minimize traffic congestion in the public streets.
(m) Residential
District Density.
1. Calculation
of Density. Except as otherwise
expressly allowed under paragraphs 5-11-18(E)2(m)2 or 3, the overall density
within a planned unit development shall be consistent with the density allowed
in the district in which the planned unit development is located. Except as provided in paragraph (m)2, no lot
within a planned unit development shall contain less than one acre in lot area. The number of lots permitted within a planned
unit development will be based upon the gross area of the planned unit
development excluding (i) exterior roads and (ii) 50 percent of wetlands and
conservancy district areas.
2. Exception
for Annexed Lots. Notwithstanding the
requirements of paragraph (m)1, the village board may, pursuant to an
annexation agreement with the owner of property located in unincorporated Lake
County and proposed to be annexed to the village, authorize an exception from the
one acre lot area requirement in paragraph (m)1, but only to the extent that
the applicable county development regulations would have permitted development
on less than one acre in lot area.
3. Density
Increase. The plan commission may
recommend, and the village board may approve, an increase in the number of
lots, and a decrease in lot area, of up to fifteen percent (15%) over what is
otherwise allowed in the district in which the planned unit development is
located based on the developer's ability to substantially improve the quality
of the project in light of the goals and standards in this section and this
code. In no event may the lot area for any lot be
less than one acre, unless as provided in accordance with paragraph (m)2.
(m) Density
Increase.
1. Residential
Districts. The plan commission may
recommend, and the village board may approve, an increase in density of up to
fifteen percent (15%) over the residential density allowed in the district in
which the planned unit development is located based on the developer's ability
to substantially improve the quality of the project in light of the goals and
standards in this section and this code.
Land within the residential planned unit development that is used as
gross area for calculation of density shall include the residential area,
natural open space and water, and interior roads but specifically exclude (i)
exterior roads and (ii) 50 percent of wetlands and conservancy district
areas. For each proposed unit, there
shall be not less than one acre of buildable area within the residential
planned unit development.
(n) 2. HR District Density Increase. The plan commission may recommend, and the village
board may approve, an increase in the maximum allowable aggregate floor area
within any approved planned unit development within the HR district not to exceed
.20, and the maximum allowable floor area for any one lot of record within any
approved planned unit development in the HR district not to exceed .30.
(o) Compliance
with Subdivision Regulations and Plat Act. All planned unit developments, whether or not
they are by definition subject to the Long Grove subdivision regulations or the
Illinois Plat Act, shall comply with all standards, regulations and procedures
of the subdivision regulations and the Plat Act except as is expressly provided
otherwise in this section 11-603, or varied by the board of trustees pursuant
to subsection (G) hereof or the applicable section of the subdivision
regulations.
4. Additional
Standards for Specific Planned Unit Developments. Where the district regulations authorizing
any planned development use in a particular district impose standards to be met
by such planned unit development in such district, a special permit for such
development shall not be recommended or granted unless the owner shall
establish compliance with such special standards.
C. Amendment to Subsection 5-11-18(G): Subsection (G), entitled "Authority to
Vary Regulations," of Section
5-11-18, entitled "Planned Unit Developments," of the Long Grove
Zoning Regulations is hereby amended to hereafter be and read as follows:
(G) Authority
to Vary Regulations.
1. Subject to the limitations
contained in paragraphs
5-11-18(E)2(m) and (n) of
this code and paragraph 2 below,
the planned unit development may depart from strict conformance with the
required density, dimension, area, bulk, use, and other regulations for the
standard zoning districts and other provisions of this code to the extent
specified in the preliminary land use and zoning plat and documents authorizing
the planned unit development so long as the planned unit development will not
be detrimental to or endanger the public health, safety, morals, comfort, or
general welfare.
2. Notwithstanding
the provisions of paragraph (G)1, the following limitations will apply:
a. In no event may
a front or side yard setback on a lot be reduced by more than 20 percent from
the setback required for that lot.
b. No variation
is permitted from paragraph 5-11-18(E)2(i).
c. Except as
otherwise expressly provided in paragraph 5-11-18(E)2(n), no variation may be
granted to permit a lot within a planned unit development to be less than one
acre in lot area.
D. Amendment to Section 5-12-13: The following definitions contained in Section
5-12-13, entitled "Definitions," of the Long Grove Zoning Regulations
are hereby amended to hereafter be and read as follows:
BASEMENT: A portion of a building
located partly or wholly underground having an average ceiling height above
grade of not more than 2 3 1/2
feet.
EXPOSED BASEMENT: A
portion of a building located partly underground having an average ceiling
height above grade of more than 3 1/2 feet.
EXPOSED LOWER
LEVEL. A portion of a building located
partly underground having an average ceiling height above grade of more than 2 feet
but less than 6 feet.
EXPOSED LOWER LEVEL, WALK OUT. A portion of a building where one or more of
the exposed lower level walls extend aboveground and include one or
more doors to provide access to the exterior of the building.
EXPOSED LOWER LEVEL, LOOK OUT. A portion of a building where one or more of
the exposed lower level walls extend aboveground and include one or more
windows that extend above ground.
FLOOR exposed
lower level floors and basement floors (but not exposed lower level floors or
basement floors in single family dwellings except that gross floor area does
include one-half (1/2) of the entire gross floor area for all exposed lower level
walk outs) basements and exposed
basements for buildings other than single family dwellings, and for single
family dwellings shall include 50% of the entire gross floor area of an exposed
basement (but not other basement area); elevator shafts and stairwells
at each floor; floor spaces and shafts used for mechanical, electrical, and
plumbing equipment; penthouses; attic floors in habitable attic spaces;
interior balconies and mezzanines; atria; covered walkways or terraces;
enclosed porches and floor space used for acces
HABITABLE ATTIC: An
attic having a height of seven feet, measured from the floor level (or if no
installed floor, the top of the ceiling joists from the floor immediately
below) to the bottom of the roof joists or structural truss element. An attic with a sloped ceiling is a habitable
attic if one-half or more of the floor level of the attic space extends at
least 7 feet in height.
E. Amendment
to Section 5-9-12: Section 5-9-12,
entitled "Public Assemblies," of the Long Grove Zoning Regulations is
hereby amended to hereafter be and read as follows:
5-9-12 PUBLIC ASSEMBLIES
A special use permit shall be required for any public assembly use, including
any religious facility, library, museum, private school, and other similar use,
and shall conform to, in addition to all other applicable village code
provisions, the following:
|
|
Neighborhood Facility |
Community Facility |
Regional Facility |
|
Minimum |
3 acres |
15 acres |
20 acres |
|
Where located |
Front on any public street |
Front on county or state highway |
Front on state highway |
|
Maximum
square feet of buildings |
11,000 |
1
building – 35,000 2
buildings – 45,000 3
buildings – 55,000 |
1
building – 60,000 2
buildings – 80,000 3
buildings – 100,000 |
|
Maximum
cubic feet of buildings |
433,600 |
1
building – 1,034,000 2
buildings – 1,231,600 3
buildings – 1,472,000 |
1
building – 1,708,000 2
buildings – 2,191,000 3
buildings – 2,674,000 |
|
Minimum floor area of
each building |
|
5,000 |
5,000 |
|
Parking |
Adequate
off street parking shall be provided. All parking areas shall have interior
landscaping of 1 canopy tree per 12 parking spaces. Parking shall be: a) 1/3
spaces per assembly space and b) 3.5 spaces per 1,000 square feet of
nonassembly space. These standards shall be applied to the primary use only
except where a simultaneous incidental use would draw a separate set of users
in which case both standards a) and b) of this paragraph shall apply and be
calculated separately and then aggregated. No more than 115 percent of the
required parking shall be provided. No parking shall be permitted in setback
areas and parking must be screened from adjacent properties. |
||
|
Parking
for accessory residential use |
Such
residential uses are allowed a maximum of 2 parking spaces |
||
|
Maximum impervious
surface coverage |
40
percent |
25
percent |
20
percent |
|
Setbacks
from road |
100 feet |
200 feet |
250 feet |
|
Side
yard setback |
2 side
yards, each of which shall be not less than 50 feet wide and a side yard
adjoining a street shall not be less than 100 feet wide |
||
|
Rear
yard setback |
50 feet |
50 feet |
50 feet |
|
Landscaping |
Adequate
landscaping must be provided to ensure that the use melds into the
neighborhood. In addition to parking buffers, all lot lines shall include a
buffer for collector zoning boundaries. Where scenic easements are required,
they shall be planted at twice the normal rate. |
||
|
Illumination
systems |
Illumination
systems must not shine upon other properties and must conform to section
5-9-9 of this title. All lighting shall be cutoff fixtures with a maximum
illumination of 25 foot-candles and 0.1 foot-candle at the perimeter of the lot
line or at the inside perimeter of any required buffer. All lighting shall be
designed to reduce illumination when the public assembly activities have been
ended for each day. |
||
|
Commercial
status |
All
public assembly uses shall be noncommercial operations which are operated on
a not for profit basis |
||
|
Traffic |
Traffic
flows shall be designed to ensure the least possible impact on neighboring
properties and residential streets. The owner of the proposed assembly use
shall be responsible for all needed improvements to ensure safe traffic
conditions are maintained. A traffic study shall be required to demonstrate
that these conditions have been met. Traffic management, such as police
officers, shall be provided by the owner during peak traffic flows when the village
finds it necessary to ensure safe ingress and egress. |
||
|
Ingress/Egress |
Whenever
practicable, primary ingress and egress to and from the lot shall be via the
highest service level adjacent road |
||
|
Minimum Distance between Public Assembly Uses |
No public assembly use shall be
located on a lot within 750 feet of another lot serving a public assembly use. |
||
|
Other
standards |
Other
reasonable standards which may emanate from the public hearing process may be
required consistent with the particular characteristics of the specific use
which serve to meld the use into the neighborhood but which are the least
burdensome to the assemblage use, when required by law. |
||
F. Amendment to Subsection 5-11-15(E)1: Paragraph 1, entitled "Permitted
Variations," of Subsection (E),
entitled "Authorized Variations," of Section 5-11-15, entitled "Variations," of the Long
Grove Zoning Regulations is hereby amended to add a new subparagraph (d), which
subparagraph 5-11-15(E)1(d) will hereafter be and read as follows:
(e) To permit the exclusion of up to 50
percent of the exposed basement area from the calculation of maximum floor area
of a dwelling unit that has become legally nonconforming as a result of an
amendment to the definition of "gross floor area" requiring the
inclusion of 50 percent of the area of an exposed basement in the calculation
of maximum floor area.
SECTION THREE. Effective Date. This Ordinance shall
be in full force and effect after its passage, approval, and publication in
pamphlet form in the manner provided by law.
PASSED
this _____ day of ___________, 2007.
AYES:
NAYS:
ABSENT:
APPROVED
this ____ day of _______________, 2007.
Village President
ATTEST:
Village Clerk
# 4728758_v4