(MC-13-2023 § 2, Amended, 01/09/2024; MC-01-2019, Amended, 04/04/2019; MC-7-2018, Amended, 10/16/2018; MC-2-2015 § 7, Amended, 02/17/2015; MC-4-2009, Added, 05/05/2009)

   A.   C-1 Neighborhood Commercial District.

      1.   No building located within the C-1 Neighborhood Commercial District shall have a height greater than thirty-five (35) feet and two and one-half stories; provided that, the maximum height limitation may be increased to forty (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 ten (10) percent of the gross surface area of the roof and the enclosure shall not be closer than ten (10) feet, measured horizontally, from the exterior face of the nearest exterior building wall.

      2.   No accessory building shall exceed the following heights: on a lot having an area less than one-half acre, one story or fourteen (14) feet; on a lot having an area of one-half acre or more, one and one-half stories or twenty (20) feet.

   B.   C-2 General Retail Commercial District.

      1.   The C-2 General Retail Commercial District is divided into the Transitional Height Sub-District and the Standard Height Sub-District, which sub-districts are depicted on Figures 17-1(A) through 17-1(D).

      2.   All buildings and accessory buildings located within the Transitional Height Sub-District must comply with the respective maximum building heights and minimum ground floor heights set forth in Table 17-2 for such buildings.

      3.   All buildings and accessory buildings located within the Standard Height Sub-District must comply with the respective maximum building heights and minimum ground floor heights set forth in Table 17-2 for such buildings.

 

 

(MC-2-2015 § 8, Amended, 02/17/2015; MC-4-2009, Added, 05/05/2009)

The fourth story of all commercial buildings that exceed three stories in height must be setback at least ten feet from the point on the front building elevation that is closest to the front property line, as depicted on Figure 17-1(E).

(MC-2-2015 § 9, Added, 02/17/2015)

   A.   Compliance with Setback Regulations. All buildings and structures located within the C-1 Neighborhood Commercial District and the C-2 General Retail Commercial District, respectively, must comply with all applicable front yard, side yard, corner yard, and rear yard setback regulations set forth in this Section 17.46.030 and Table 17-3 of this code.

   B.   Front Yard and Corner Yard Setbacks. Subject to the maximum and minimum front yard and corner yard setbacks set forth in Table 17-3 of this code, the Zoning Administrator will establish, in his sole discretion, the front yard and corner yard setbacks for each building and structure so as to achieve, to the greatest extent possible, consistency between the setbacks of the subject building or structure and the buildings and structures directly adjacent to the subject building or structure.

   C.   Exceptions to Front Yard and Corner Yard Setbacks. The following portions of the following types of buildings may be setback a greater distance from the front property line or corner property lines of the subject property than the distances established by the Zoning Administrator pursuant to Section 17.46.030.B of this code:

      1.   Courtyard Buildings. If a building is constructed with an interior courtyard, those elevations of the building that face, and are directly adjacent to, the interior courtyard.

      2.   Buildings that Exceed Three Stories. The fourth story of all buildings that exceed three stories in height; provided, however, that the fourth story of such buildings must comply with Section 17.46.025 of this code.

 

(MC-2-2015 § 11, Added, 02/17/2015)

   A.   Purpose. The off-street parking and loading requirements of this Section 17.46.110 are intended to provide accessible, attractive, secure and well-maintained off-street parking and loading areas with the appropriate number of spaces in proportion to the needs of the proposed use, increase public safety by reducing congestion of public streets, and encourage the use of alternative modes of transportation where appropriate.

   B.   Off-Street Parking and Loading Spaces Required. Off-street parking spaces and loading spaces must be provided for all uses within buildings and structures located within the C-1 Neighborhood Commercial District and the C-2 General Retail Commercial District in accordance with this Section 17.46.110; provided, however, that nonresidential uses located on the ground floor and occupying a space with a gross floor area of less than 2,500 square feet are exempt from the off-street parking and loading requirements of this Section 17.46.110.

   C.   Existing Buildings and Structures. The following provisions apply to all uses within buildings and structures that were in existence on February 17, 2015, which date is the effective date of this ordinance ("Effective Date"):

      1.   Existing Uses.

         a.   Subject to Section 17.46.110.C.3 of this code, the number of off-street parking spaces and loading spaces that must be provided for all uses in existence the Effective Date, must be greater than or equal to the lesser of: (i) the number of off-street parking spaces required by Table 17 4 of this code for the use, computed in accordance with Section 17.46.110.F of this code; or (ii) the number of off-street parking spaces provided for the use on the Effective Date.

         b.   Subject to Section 17.46.110.C.3 of this code, in the event that a building or structure that was in existence on the Effective Date must be repaired or reconstructed as a result of a casualty, the number of off-street parking and loading spaces that must be provided need not exceed the number of off-street parking and loading spaces that were provided before the casualty.

      2.   Changes in Use. In the event of a change from one legal conforming use to another legal conforming use within a building or structure that was in existence on the Effective Date, the number of off-street parking and loading spaces provided for the former use must be maintained, but no additional off-street parking or loading spaces must be provided.

      3.   Increases in Intensity of Use. In the event of an increase in the intensity of a use within a building or structure in existence on the Effective Date, the number of off-street parking and loading spaces that must be provided for the intensified use must be greater than or equal to the number of off-street parking and loading spaces required by Table 17-4 of this code for the use, computed in accordance with Section 17.46.110.F of this code.

   D.   New Buildings and Structures. The number of off-street parking and loading spaces that must be provided for uses within buildings and structures constructed after the Effective Date must be greater than or equal to the number of parking spaces required by Table 17-4 of this code for the use, computed in accordance with Section 17.46.110.F of this code. All required off-street parking and loading spaces must be constructed before occupancy of the new building or structure.

   E.   Additional Off-Street Parking and Loading Spaces. Nothing in this Section 17.46.110 shall be deemed to prohibit the provision of a number of off street parking and loading spaces that is greater than the minimum number required, provided that all off-street parking and loading spaces comply with all of the other provisions of this Section 17.46.110 and this code.

   F.   Computation of Off-Street Parking and Loading Spaces. The total number of off-street parking and loading spaces that must be provided for each use will be computed in accordance with the following standards:

      1.   Determined by Use. The minimum number of required off-street parking and loading spaces will be determined in accordance with Table 17-4 of this code based upon the principal use of the building or structure; provided, however, that if more than one use conducted within a single building or structure, the minimum number of off-street parking and loading spaces will be the sum of the minimum number of off-street parking and loading spaces required for each use pursuant to Table 17-4 of this Code.

      2.   Fractional Spaces. If computation of the minimum required number of off-street parking and loading spaces results in a fraction, fractions of less than or equal to one-half will be rounded down to the nearest whole number, and fractions of more than one half will be rounded up to the nearest whole number.

      3.   Calculation of Gross Floor Area. When Table 17-4 of this code requires the calculation of the gross floor area of a use, the gross floor area shall be the sum of the gross horizontal floor area of the several floors of a building measured from the interior faces of the exterior walls, excluding areas used for the storage of merchandise or materials, mechanical equipment rooms, rest rooms, common area elements, including without limitation hallways, and areas used for off-street parking and loading and related aisles, ramps and maneuvering space.

      4.   Fleet Vehicles and Vehicles for Sale. Any off-street parking or loading space occupied by a vehicle for sale or lease or occupied by a fleet vehicle will not be counted toward the minimum number of off-street parking and loading spaces required by this Section 17.46.110.

      5.   Parking and Loading Spaces Calculated Separately. Space allocated to any off-street loading space will not be counted toward the minimum number of required off-street parking spaces, and space allocated to any off-street parking spaces will not be counted toward the minimum number of required off-street loading spaces, required by this Section 17.46.110.

   G.   Location of Off-Street Parking.

      1.   Parking Lots and Parking Garages. A parking lot at or above street level or a parking garage may be permitted as a special use approved in accordance with Chapter 17.56 of this code.

      2.   Off-Premise Parking. All required off-street parking facilities for non-residential uses must be located on the same lot as the building or structure served. However, off-street parking may be located within 300 feet walking distance of a use when all of the following conditions are met:

         a.   The parking facility is located on a property that is owned or leased, for a period of at least 20 years, by the same party as owns the building or structure that contains the use;

         b.   A restrictive covenant, in a form acceptable to the Village, is recorded with the office of the Cook County Recorder of Deeds against the property on which the parking facility is located, which restrictive covenant must: (i) prohibit any use of the property other than as a parking facility that serves the use; (ii) be enforceable by the Village; (iii) run with the land; and (iv) provide that the restrictive covenant will not be released by the Village until: (A) the use served by the parking facility is terminated, (B) the minimum number of off-street parking spaces that must be provided for the use is provided on the same lot as the lot on which the use is located, or (C) the minimum number of off-street parking spaces that must be provided for the use is provided at another parking facility that satisfies all of the requirements of this Section 17.46.110.G.2; and

         c.   A copy of the recorded restrictive covenant certified by the Cook County Recorder of Deeds is filed with the Zoning Administrator.

   H.   Design Standards. The location, design, dimensions, and configuration of all parking spaces, parking lots and parking garages must comply with the standards set forth in the Fourth Edition of the Traffic Engineering Handbook, published by the Institute of Transportation Engineers, Jesse L. Pine, editor, which handbook is incorporated herein by reference.

   I.   Accessibility Standards. All parking lots and parking spaces must comply with all applicable state and federal laws and regulations regarding accessibility by the disabled, including, without limitation, regulations governing the size, location, striping, configuration, and number of parking spaces.

 

 

(MC-2-2015 § 12, Amended, 02/17/2015; MC-4-2009, Added, 05/05/2009)

Division of ownership of a multiple-family dwelling erected in compliance with this title prior to August 5, 1997, or division of ownership of the lot upon which such multiple-family dwelling is situated into smaller parcels shall not be deemed to result in a violation of this title if appropriate agreements or covenants for maintenance and repair of the entire structure, appurtenances and lot and appropriate easements for ingress, egress and utilities, shall be submitted to and approved by the Village Council prior to making such division. Any such division of ownership shall be subject to all applicable provisions of the land subdivision regulations set forth in Title 16 of this code.

(MC-4-2009, Added, 05/05/2009)

There shall be a landscaped area at least five (5) feet deep along the rear lot line of each zoning lot and along any other lot line that abuts single-family residential property, in order to provide a buffer and visual screen between the commercial property and the adjacent single-family residential zoning district.

(Ord. MC-4-09 § 5, 2009; Ord. MC-219-99 §§ 2-6, 1999; Ord. MC-202-98 § 2, 1998; Ord. MC-200-98 §§ 2-6, 1998; Ord. MC-195-97 § 11, 1997; Ord. MC-188-97 § 4, 1997; prior code §22.10)

All property having an area of ten thousand (10,000) square feet or more shall be developed as a planned development pursuant to Chapter 17.58 of this code. All planned developments shall be subject to the development standards of Chapter 17.58, which shall control over the development standards of this chapter in the event of conflict.

(MC-4-2009, Added, 05/05/2009)

   A.   Permitted Obstructions in All Required Yards and Courts. Notwithstanding the provisions of Section 17.36.010 of this title, the following buildings and other structures shall not be considered to be obstructions when located in any required yard or any required inner or outer court:

      1.   Open patios, terraces and steps with associated landings below the first floor level and which are not roofed over;

      2.   Cornices, sills, belt course, eaves, gutters, downspouts and ornamental features projecting eighteen (18) inches or less into a yard;

      3.   Chimneys and flues projecting eighteen (18) inches or less into a yard and not exceeding in the aggregate seven (7) feet in length;

      4.   Statuary;

      5.   Flag poles;

      6.   Signs permitted under the Winnetka Village Code, as amended;

      7.   Driveways;

      8.   Fences and walls located along the contiguous rear or side lot lines between commercial and single-family or multiple-family residential zoning districts, provided that they have a height of no more than eight (8) feet above natural grade.

      9.   Fences and walls not exceeding six and one-half feet above natural grade located along a front or corner lot lines, except that no fence or wall shall extend within ten (10) feet of the intersection of a driveway and sidewalk or within twenty-five (25) feet of the intersection of the street line of two (2) intersecting streets:

         a.   Unless it extends the same materials at the same height and in the same distance from the property line as the remainder of the fence or wall; and

         b.   Unless the Village Engineer determines that the fence or wall, in the materials, height and location proposed, will not create a public safety hazard for vehicular or pedestrian traffic;

      10.   Poles, towers, conduits, vaults, pipelines, laterals or any similar distribution equipment of a public utility nature, whether municipal or investor-owned; and

      11.   Bay windows projecting twenty-four (24) inches or less into a required front yard, and bay windows projecting eighteen (18) inches or less into any other required yard, provided such bay window shall not exceed seven (7) feet in length and no more than one (1) bay window may encroach upon a side yard.

      12.   Arbors and trellises, subject to the following conditions and requirements;

         a.   Only one (1) such structure may be constructed within a required setback for any zoning lot;

         b.   The arbor or trellis shall not be more than six (6) feet wide and three (3) feet deep;

         c.   The arbor or trellis shall be no more than eight (8) feet high;

         d.   The arbor or trellis shall be located at least two (2) feet from any public right-of-way, and at least ten (10) feet from any other property line;

         e.   The arbor or trellis shall be substantially open to the passage of light and air, with at least fifty (50) percent of the area of each surface of the structure being open;

         f.   The arbor or trellis shall be used solely for the purpose of supporting vines, roses or other similar vegetation; and

         g.   No arbor or trellis shall be located within ten (10) feet of the intersection of a driveway and sidewalk or within twenty-five (25) feet of the intersection of the street line of two (2) intersecting streets unless the Village Engineer determines that the arbor or trellis, in the materials, height and location proposed, will not create a public safety hazard for vehicular or pedestrian traffic. (MC-157-96) (4/2/96)

   B.   Permitted Obstructions in All Required Rear Yards. Notwithstanding the provisions of section 17.36.010 of this title, the following buildings and other structures shall not be considered to be obstructions when located in any required rear yard:

      1.   Accessory buildings; and

      2.   Open parking areas (including a parking slab) not covered by a roof or roof structure, temporary or permanent, and not surrounded by a fence or wall exceeding six and one-half feet in height.

(MC-4-2009, Amended, 05/05/2009; MC-5-2003, Amended, 04/01/2003; MC-6-2002, Added, 05/21/2002)

The final building design, building materials, site plan and landscape plan for any use in the C-1 Limited Retail, C-2 General Retail and C-2 Retail Overlay Districts shall be subject to the issuance of a final Certificate of Appropriateness of Design by the Village Council, following the receipt of a preliminary recommendation by the Design Review Board, pursuant to the procedures established in Section 15.40.010 of the Building Code.

(MC-4-2009, Added, 05/05/2009)