A.   Minimum Lot Area, Interior Lot

 

 

   B.   Minimum Lot Area, Corner Lot

 

 

   C.   Minimum Area of Contiguous Tableland within Buildable Area

 

 

   D.   Minimum Rectangular Buildable Area

 

 

   E.   Minimum Length of Rectangular Buildable Area

 

 

   F.   Minimum Lot Depth

 

 

   G.   Exceptions for Special Uses in the R-1 Zoning District. The zoning lot on which any special use permitted in the R-1 zoning district is located shall have a lot area of no less than 5 acres.

(MC-6-2002, Added, 05/21/2002)

   H.   Large Lot Consolidations. The consolidation of any number of lots that results in a lot that is greater than two times the minimum lot size for the lot in question as established in Section 17.30.010 of the Zoning Ordinance is only permitted by a special use permit granted pursuant to Chapter 17.56 of the Zoning Ordinance.

(MC-12-2023 § 3, Paragraph H added, 12/19/2023; MC-6-2002, Added, 05/21/2002)

   A.   Minimum Average Lot Width of Interior Lots

 

 

   B.   Minimum Front Street Line of interior Lots

 

 

   C.   Minimum Actual Width at 45 Feet from Front Street Line

 

 

   D.   Minimum Average Lot Width of Corner Lots

 

 

   E.   Minimum Lot Width for Special Uses in the R-1 Zoning District. The zoning lot on which any special use permitted in the R-1 zoning district is located shall have an average lot width of no less than 300 feet.

   F.   Large Lot Consolidations. The consolidation of any number of lots that results in a lot that is greater than two times the minimum average lot width for the lots in question as established in Section 17.30.020 of the Zoning Ordinance is only permitted by a special use permit granted pursuant to Chapter 17.56 of the Zoning Ordinance.

(MC-12-2023 § 4, Paragraph F added, 12/19/2023; MC-6-2002, Added, 05/21/2002)

   A.    Maximum Roofed Lot Coverage

 

 

   B.   Maximum Total Area of Impermeable Surfaces

 

 

   C.   Maximum Front Yard Lot Coverage

 

 

   D.   Exclusion for Porches in the R-5 and R-4 Zoning Districts. In the R-5 and R-4 zoning districts, the first 275 feet of the total roofed area of all porches that extend along any part of the front of the principal building or along any part of the side of the principal building, shall be excluded when calculating the roofed lot coverage and impermeable surface area under this section.

   E.   Exclusion of Areas under Eaves. For Pre-FAR buildings, the area under the first 24 inches of eaves shall be excluded when calculating the roofed lot coverage and impermeable surface area under this section.

(MC-3-2009, Amended, 04/28/2009; MC-2-2004, Amended, 04/06/2004; MC-6-2002, Added, 05/21/2002)

   A.   Formula for Pre-FAR Buildings

 

   B.   Formula for Post-FAR Buildings

 

   C.   Flag Lots.

      1.   For any flag lot that was lawfully in existence on October 7, 1997, the "flagpole" portion of the lot shall be excluded when calculating the gross floor area; provided that the resulting maximum building size shall not be less than 85% of the maximum building size computed by using a lot area that includes both the "flagpole" and "flag" portions of the lot.

      2.   No flag lot that was not lawfully in existence on October 7, 1997, shall include the “ flagpole” portion of the lot when calculating gross floor area.

   D.   Basements. The floor area of basements shall not be included in determining the maximum building size, except to the following extent:

      1.   In pre-FAR Buildings with basements that have exposed exterior walls that extend more than 4 feet above grade, the floor area shall be calculated by multiplying the gross floor area of the basement by the ratio of the number of linear feet of the outside wall of the basement more than four feet above grade to the total outside perimeter of the basement.

      2.   The gross floor area of basements that were not lawfully in existence on or before February 7, 1989, or that were constructed since February 7, 1989, and that have a finished first floor more than 2 ½ feet above grade, shall be calculated by multiplying the gross floor area of the basement by the ratio of the number of linear feet of the outside walls of the basement having a finished first floor more than 2 ½ feet above grade to the total outside perimeter of the basement.

   E.   Exclusions from Gross Floor Area Calculations. The following floor areas shall be excluded from the maximum building size:

      1.   An amount of garage floor area equal to one of the following:

         a.   The first 400 square feet of the floor area of a one-story detached garage located in the rear quarter of the lot, or

         b.   The first 200 square feet of the floor area of an attached garage located in the rear of a house; provided that, no part of the garage forms any part of the front building line or the building line exposed to a corner lot line;

      2.   Up to 150 square feet or the equivalent of 3% of the lot area, whichever is greater, of the floor area of an attic or half-story;

      3.   Up to 64 square feet of the aggregate floor area of all bay windows and chimneys that form part of the exterior building line;

      4.   The floor area under any dormer that is no more than 6 feet wide and is set in at least 3½ feet from the gable end walls; provided that, the total width of all dormers does not exceed 25% of the length of the roof on which they are located;

      5.   The first 64 square feet of the aggregate floor area of a detached storage shed, playhouse, walled enclosures for refuse containers or swimming pool equipment, or similar enclosed structures; provided that they are located in the rear quarter of the lot.

      6.   For Pre-FAR Buildings, the area under the first 24 inches of eaves.

      7.   For Post-FAR Buildings, the area under the first 18 inches of eaves.

   F.   Floor Area Bonus. Notwithstanding the foregoing, any zoning lot consisting of a single, legal, nonconforming lot that has a lot area of less than 7,260 square feet as the result of the acquisition or condemnation of a portion of the rear yard of the lot for a public purpose, shall be entitled to an additional 400 square feet of gross floor area on the lot; provided that, such additional floor area permitted by this paragraph shall be in lieu of, and not in addition to, the additional floor area permitted pursuant to subsection A of this section.

   G.   Maximum Gross Floor Area. Notwithstanding the allowances and exclusions permitted in the foregoing paragraphs, under no circumstances shall the gross floor area on any lot, after the application of all permitted allowances and exclusions, exceed 50% of the lot area.

   H.   Maximum Building Size Bonus. Notwithstanding anything to the contrary in Section 17.30.040A and B, and subject to any other limitations set forth in the Zoning Ordinace, the maximum building size of a building that qualifies for a maximum building size bonus pursuant to either Sections 15.52.090 or 15.53.030 of this Code shall be 20 percent higher than as set forth in this Section 17.30.040A and B.

(MC-2-2021, § 9, Amended 03/16/2021; MC-3-2009, Amended, 04/28/2009; MC-2-2004, Amended, 04/06/2004; MC-6-2002, Added, 05/21/2002)

   A.   Minimum Front Setback

 

 

   B.   Minimum Corner Setback

 

 

   C.   Exceptions and Limitations

      1.   Average Front Setback.

         a.   Applicability. On any block face in a single family zoning district other than R-1, the front setback of any new building shall be no less than the average of the other front setbacks on the block face, provided that there are at least three principal buildings on the block face and at least 50% of those principal buildings maintain a front setback greater than the minimum established in subsections A and B of this section,

         b.   Formula. The average front setback shall equal the average of the distances from the front lot line to the existing principal building on each zoning lot on the block face at the time the new building is constructed. Vacant lots and lots on which the principal building maintains a front setback of at least 150 feet shall be excluded when calculating the average front setback,

         c.   Minimum Average Front Setback. Except as provided in paragraph 2 of this subsection C, the average front setback shall not be less than the required minimum established in subsection A and B of this section.

         d.   Maximum Average Front Setback. The maximum average front setback shall be no more than 5 feet more than the front setback maintained by an existing principal building on an immediately adjoining lot; provided, that in no case shall the average front setback exceed twice the minimum setback required in subsections A and B of this section.

      2.   Maximum Setbacks on Corner Lots.

         a.   The width of the buildable area, as measured from the minimum required side yard, shall not be reduced to less than 60% of the average lot width.

         b.   The length of the buildable area, as measured from the minimum required rear yard, shall not be reduced to less than 50% of the lot depth.

      3.   Lots with Three Street Frontages. 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 setbacks shall be required from the opposite street lines.

      4.   Setbacks for Certain Institutional Buildings on Corner Lots. The minimum setback for one of the street frontages of a church or temple, including any enlargement or extension thereof, located on a corner lot may be reduced to 20 feet, subject to the following conditions:

         a.   The building must otherwise comply with the provisions of this title.

         b.   No part of any such building that extends in front of the setback line otherwise required by this title shall be less than 100 feet from the point of intersection of the lot line from which the reduced setback is allowed and the lot line that forms the boundary between such lot and the lot next adjoining.

         c.   The area of the portion of any such building that extends in front of the setback line otherwise required by this title shall not be more than 15% of the total area of any such building.

      5.   Accessory Buildings. An accessory building may be placed nearer the street line than the principal building only on a through lot, provided that the setback provision for each street shall be observed.

      6.   Administrative Designation of Front Lot Line for Front Setbacks. If the front street line of a lot extends less than 50 feet along the street line and if the lot is at least 75 feet wide at its widest point, the Zoning Administrator shall designate the front yard for zoning purposes and shall establish the lot line from which the required setback shall be measured to the nearest line of a building so as to conform as closely as practicable to the intent and purposes of this title to require uniform front yards, uniform setbacks and appropriate spacing between buildings.

      7.   Front Yard Setbacks for Lakefront Properties. Development on lots abutting Lake Michigan between the ordinary high water mark of Lake Michigan and the tableland as defined by Section 17.82.020 will also comply with Chapter 17.82, Steep Slope Regulations and Chapter 15.78 Lakefront Construction. For lots abutting Lake Michigan, the required front yard setback is the toe of the bluff or 50 feet from the ordinary high water mark, whichever results in the line farthest from the ordinary high water mark.

(MC-01-2024 § 4, Subparagraph C.7. added, 02/06/2024; MC-3-2009, Amended, 04/28/2009; MC-6-2005, Amended, 09/20/2005; MC-6-2002, Added, 05/21/2002)

   The provisions of this section apply in all zoning districts. All setbacks shall meet the minimum requirements of both subsection A and subsection B.

   A.   Minimum Side Yard Setback

   B.   Minimum Sum of Setbacks of Both Yards

 

 

   C.   Garages. See Section 17.30.110, below.

(MC-3-2009, Amended, 04/28/2009; MC-5-2003, Amended, 04/01/2003; MC-6-2002, Added, 05/21/2002)

   A.   Required Rear Yard Setback

 

 

   B.   Rear Yard Abutting a Side Yard. Where the rear yard abuts a side yard of an adjoining property, the rear yard setback shall be no less than the minimum side yard requirement established for the adjoining property pursuant to section 17.30.060 of this title.

   C.   Requirements for Certain Irregularly Shaped Lots. If a lot forms a point at the rear, or if the rear lot line extended forms an angle of more than forty-five (45) degrees with the front lot line extended, the rear lot line and the rear yard setback shall be established for zoning purposes by the Zoning Administrator so as to conform as closely as practicable to the intent and purposes of this title to require uniform rear yards and appropriate spacing between buildings.

   D.   Garages. See Section 17.30.110, below.

(MC-6-2005, Amended, 09/20/2005; MC-6-2002, Added, 05/21/2002)

   A.   Maximum Number of Stories

 

 

   B.   Maximum Height of Top of First Floor for Pre-FAR Buildings. The maximum height of the top of the first floor for pre-FAR buildings shall be no higher than the height of the existing first floor, provided that the gross floor area of the basement shall be calculated according to subsection E of section 17.30.040 of this title.

   C.   Maximum Height of Top of First Floor for Post-FAR Buildings

 

 

   D.   Maximum Distance to Upper Floor of Buildings

 

 

   E.   Maximum Building Height

 

 

   F.   Maximum Height of Structures Other than Buildings

 

 

   G.   Maximum Height for Buildings Other than Single Family Residence

      1.   Public buildings, churches, temples, and schools: 60 feet.

      2.   Storage sheds, playhouses, walled enclosures for refuse containers or swimming pool equipment, and any similar structure: 7 feet.

      3.   Garages and other similar accessory buildings: 15 feet, subject to the exception stated for garages in section 17.30.110 of this title.,

   H.   Exceptions to Limitations

      1.   For any zoning lot in the R-2 zoning district that has a lot area of at least 48,000 square feet, the maximum distance to the upper floor of the principal building shall be 23 feet or the actual distance to the upper floor, whichever is less.

      2.   For any zoning lot in the R-2 zoning district that has a lot area of at least 48,000 square feet, the maximum building height of the principal building shall be 38 feet.

   I.   Points from which Measurements Are Taken

      1.   The top of the first floor is measured from the lowest natural grade adjacent to the building.

      2.   The distance to the upper floor is measured from the top of the first floor.

      3.   The maximum building height is measured from the top of the first floor to the highest point of the roof.

      4.   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 building height limitation applicable to that building.

(MC-6-2002, Added, 05/21/2002)

   A.   This section shall apply to all exterior building walls that face the smaller side yard on any property located in the R-5 or R-4 zoning district and all references to side building walls in this subsection shall be so construed.

   B.   No encroachments into the side yard, whether permitted or otherwise, shall be considered articulation of the side building walls for purposes of this subsection.

   C.   The length of the building shall be measured from the front corner of the building, as determined by the Zoning Administrator, and shall not include open porches at the front of the building.

   D.   Except as provided in the following paragraph 5, if the principal building is more than 40 feet long, excluding open front porches, open rear porches and open decks, the side building walls shall be articulated by at least 2 feet, beginning at a point no more than 35 feet from the front corner of the building, as determined by the Zoning Administrator. The articulation shall be toward the interior of the lot, except that, if the distance between the side lot line and the side building line along the smaller side yard exceeds the required side yard by 2 feet or more, then articulation may be either toward the side lot line or the interior of the lot. If the principal building, excluding open front porches, open rear porches and open decks, has a length of 40 feet or less, the side building walls need not be articulated.

   E.   For any principal building constructed before April 20, 1999, the degree of articulation shall be 18 inches instead of 2 feet and shall be measured from the existing side building walls, regardless of any nonconformities in the location of that side building wall. Articulation shall be required for any building additions if any of the side building walls is at least 40 feet long.

(MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004; MC-6-2002, Added, 05/21/2002)

   A.   Minimum Number of Spaces per Dwelling Unit.

 

 

   B.   Dimensions.

      1.   Minimum area. The minimum area for each space shall be 180 square feet exclusive of access drives or aisles, and shall be of usable shape and conditions.

      2.   Vertical clearance. Each space shall have a vertical clearance of at least 7 feet and shall be at least 8½ feet wide.

   C.   Location

      1.   Each space shall open directly upon a public alley or private or public street or directly upon an aisle or driveway connected to such public alley or private or public street.

      2.   No required parking space shall be located within a required front yard.

   D.   Grading and Drainage. Each required off-street parking space shall be graded for proper drainage and provided with an all-weather surfacing maintained at all times in such a manner as to prevent the release of dust and to be free of dust, trash and debris.

   E.   Exception. The parking requirements set forth in this section shall not apply to improved lots in existence prior to January 1, 1983, provided that the parking lot cannot meet such requirements because of existing physical conditions.

(MC-6-2002, Added, 05/21/2002)

   A.   Front-Facing Garage Doors. Garage door widths may not exceed 33% of the lot width or 18 feet, whichever is less; provided that, no individual garage door shall extend more than 9 feet when facing the front yard.

   B.   Width of Attached Garages.

      1.   Garages on Interior Lots. No attached garage with garage doors that face a front yard shall be more than 22 feet wide.

      2.   Garages on Corner Lots.

         a.    No attached garage with garage doors that are part of the front elevation of the principal building shall be more than 22 feet wide.

         b.    The width of an attached garage with garage doors that are not part of the front elevation of the principal building shall be no more than 50% of the front building line.

   C.   Location of Attached Garages. An attached garage shall be permitted below the first floor of the principal building; provided that, the garage doors are not a part of the front building elevation of the principal building.

   D.   Garages on Corner Lots. Any garage located on a corner lot shall be set back at least 20 feet from the corner lot line.

   E.   Required Yards and Setbacks.

 

   F.   Garage Height.

      1.   Attached Garages. Any attached garage shall be considered part of the principal building and shall be subject to the height limitations established in section 17.30 080 of this title.

      2.   Detached Garages.

         a.   The height of the garage shall be measured from the lowest natural grade adjacent to the garage.

         b.   The combined length of dormers shall not exceed 25% of the length of the roof line on the side of the building on which they are located.

         c.   No detached garage shall be more than 15 feet high, except as provided in the following paragraph.

         d.   The height of a garage may be up to 18 feet, provided the additional height over 15 feet is necessary to match the roof pitch of the existing principal building.

(MC-6-2002, Added, 05/21/2002)

(MC-6-2002, Added, 05/21/2002)

   A.   Obstructions Permitted in All Required Yards and Required Inner and Outer Courts. The following obstructions shall be permitted in all required yards, provided they comply with all other applicable standards of this Chapter:

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

      2.   Temporary awnings and temporary canopies with temporary supports, whether or not above open terraces or patios.

      3.   Cornices, sills, belt course, eaves, gutters, downspouts and ornamental features projecting 24 inches or less into a yard.

      4.   Chimneys and flues projecting 18 inches or less into a yard and not exceeding in the aggregate 7 feet in length.

      5.   Statuary.

      6.   Flag poles.

      7.   Signs permitted under the Winnetka Village Code, as amended.

      8.   Driveways.

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

      10.   Fences and walls not exceeding 6½ feet above natural grade located along a front or corner lot lines, except that no fence or wall shall extend within 10 feet of the intersection of a driveway and sidewalk or within 25 feet of the intersection of the street line of two 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.

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

      12.   Bay windows that project 24 inches or less into a required front yard, provided they are no more than 7 feet long.

      13.   Bay windows that project 18 inches or less into any required yard other than a required front yard, provided they are no more than 7 feet long and provided that no more than one bay window may encroach upon a side yard.

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

         a.   only one such structure may be constructed within a required setback for any zoning lot;

         b.   the arbor or trellis shall not be more than 6 feet wide and 3 feet deep;

         c.   the arbor or trellis shall be no more than 8 feet high;

         d.   the arbor or trellis shall be located at least 2 feet from any public right-of-way, and at least 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 50% 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 10 feet of the intersection of a driveway and sidewalk or within 25 feet of the intersection of the street line of two 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.   Obstructions Permitted in Required Side Yards. The following obstructions shall be permitted in all required side yards, provided they comply with all other applicable standards of this Chapter:

      1.   Exterior doorway entrances, subject to the following requirements:

         a.   The entrance may be roofed but shall not be enclosed;

         b.   The entrance shall not project more than 3½ feet into a yard; and

         c.   The horizontal area of the entrance’ s projection shall not be more than 50 square feet.

      2.   Accessory buildings, subject to the following limitations:

         a.   Only that portion lying within the rear twenty-five (25) percent of the lot may encroach into the side yard.

         b.   Garages shall comply with the setback requirements established by section 17.30.110 of this title.

      3.   Decks and/or air conditioning units; provided that:

         a.   a minimum side yard of 6 feet shall be maintained in the R-5, R-4 and R-3 zoning districts; and

         b.   a minimum side yard of 12 feet shall be maintained in the R-2 zoning district.

      4.   Open parking areas, including a parking slab, subject to the following conditions:

         a.   The parking area shall not be covered by a roof or roof structure, whether temporary or permanent; and

         b.   The parking area shall not be surrounded by a fence or wall that is more than 6½ feet high.

      5.   In-ground swimming pools, subject to the following conditions:

         a.   The swimming pool must be an accessory use to a single-family residence;

         b.   A minimum side yard of 6 feet shall be maintained in the R-5, R-4 and R-3 zoning districts; and

         c.   A minimum side yard of 12 feet shall be maintained in the R-2 zoning district.

      6.   Window wells, subject to the following conditions:

         a.   In side yards that are less than 8 feet deep, the window well may not encroach more than 2 feet into the side yard.

         b.   In side yards that are required to have an articulated wall, the window well shall be set within the articulated area, so that the encroachment into the side yard does not exceed 3 feet minus the degree of articulation.

         c.   In side yards that are at least 8 feet deep and that are not required to have an articulated wall, the window well may not encroach more than 3 feet into the side yard.

         d.   Notwithstanding the foregoing, no window well shall encroach into a side yard if the window well can extend at least three feet from the building wall within the buildable area of the lot.

         e.   For purposes of this paragraph 6, the dimensions of the window well shall be measured from its interior surface.

   C.   Obstructions Permitted in Required Front Yards and Corner Yards. The following obstructions shall be permitted in all required front yards and corner yards, provided they comply with all other applicable standards of this Chapter:

      1.   Exterior doorway entrances, subject to the following requirements:

         a.   The entrance may be roofed but shall not be enclosed;

         b.   The horizontal area of the entrance’ s projection shall not be more than 60 square feet.

      2.   Basketball standards

      3.   Certain front porches, subject to the following conditions:

         a.   Where an average front set back applies, front porches may extend up to 8 feet into the average set back; provided that, any extension into the minimum set back shall not exceed the limits established in paragraph 1 of subsection C of this section.

   D.   Obstructions Permitted in Required Rear Yards. The following obstructions shall be permitted in all required rear yards, provided they comply with all other applicable standards of this Chapter:

      1.   Accessory buildings.

      2.   Gym and play equipment.

      3.   Swimming pools.

      4.   Tennis courts.

      5.   Open parking areas, including a parking slab, subject to the following conditions:

         a.   The parking area shall not be covered by a roof or roof structure, whether temporary or permanent; and

         b.   The parking area shall not be surrounded by a fence or wall that is more than 6½ feet high.

      6.   Satellite receiving dishes; provided that, they comply with all other applicable regulations of the zoning districts in which they are located.

(MC-5-2003, amended 04/02/03)

(MC-3-2009, Amended, 04/28/2009; MC-2-2004, Amended, 04/06/2004; MC-5-2003, Amended, 04/01/2003; MC-6-2002, Added, 05/21/2002)