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O-03-32VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-32 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO MODIFY THE WAY IN WHICH THE MAXIMUM HEIGHT OF HOUSES IS DETERMINED, TO INSTITUTE A FLOOR AREA RATIO (FAR) REGULATION, AND TO REDUCE THE MAXIMUM HEIGHT OF HOUSES AT THE SIDE YARD SETBACK LINE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 4th day of August , 2003. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 13th day of August , 2003. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-32 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO MODIFY THE WAY IN WHICH THE MAXIMUM HEIGHT OF HOUSES IS DETERMINED, TO INSTITUTE A FLOOR AREA RATIO (FAR) REGULATION, AND TO REDUCE THE MAXIMUM HEIGHT OF HOUSES AT THE SIDE YARD SETBACK LINE WHEREAS, the Deerfield Residential Redevelopment Task Force (the. "RRTF ") was formed, among other things, to examine the recent trend to redevelop the Village's existing single- family residential housing stock with larger, taller houses and home additions, to address concerns that such new houses and additions being built in the Village are not compatible with the character of established .neighborhoods in the Village and with the building size, height and setbacks of existing houses in such neighborhoods, and to recommend any changes to the Zoning Ordinance of the Village of Deerfield that may necessary or appropriate to protect the public health, safety and welfare of the residents of Deerfield by discouraging house sizes that may pose negative impacts on abutting properties or that are incompatible with the nature and character of established neighborhoods; and, WHEREAS, the RRTF has recommended that certain bulk zoning regulations of the Zoning Ordinance Village of Deerfield be amended and adopted as provided herein to control the permitted bulk of new construction in the residential zoning districts of the Village of Deerfield by redefining the manner in which the maximum height of a house is determined, by establishing a maximum floor area ratio building size, and by restricting the bulk of houses at the side yard setback line; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing pursuant to public notice to consider said proposed amendments, said hearing and notice conforming in all respects, in both manner and form, with the requirements of the statutes of the State of Illinois and the Zoning Ordinance of the Village of Deerfield, as amended; and, WHEREAS, the Plan Commission has submitted its report and recommendation that the zoning amendments proposed by the RRTF be denied; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered the report and recommendation of the Plan Commission and the report ; and recommendation of the RRTF, and have determined that the public health, safety, comfort and welfare of the Village will be served by amending the Zoning Ordinance of the Village of Deerfield as recommended by the RRTF; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the definition of "Height" contained in Article 14.02, Definitions, of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby amended to read as follows: HEIGHT: The vertical distance, as measured from the pre - development grade for a property, to the highest point of the coping of a mansard roof or a flat roof, to the highest point of a hipped roof, to the highest gable of a pitched roof, or to the ridge of the gable or hip roof, whichever point is higher. If no pre- development grade is available, the grade to be used as the base point shall be determined by the Director of Community Development and the Village Engineer. Chimneys and stack pipes are excluded in determining the height of a building. The "height" of a fence or the "height" of a structure that is not a building is the vertical distance from grade at the base of the fence or other structure to the highest point of such fence or other structure. 2 SECTION 2: That Article 14.02, Definitions, of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following as defined terms: PRE - DEVELOPMENT GRADE: The vertical elevation of a property prior to any demolition of buildings on the property, prior to the construction of any buildings on the property, or prior to any construction which increases the footprint of a building on the property, determined as provided in this Ordinance, which serves as the base point for measuring the allowable height of a building. The pre- development grade is whichever of the following base points is at the highest elevation: (i) the average pre- development grade of the property at the front face of the building; (ii) the average pre - development grade of the property at the corner side face of the building; or, (iii) the average pre- development grade of the property at the front or rear face of the building on a thru -lot. The pre- development grade for a property shall be established by a topographic survey. The topographic survey must show the topography of the property prior to any demolition of buildings on the property and /or prior to any construction which increases the footprint of the building on a property. If no pre- development grades are available, then the grade to be used as the base point shall be determined by the Director of Community Development and the Village Engineer. Where there is a grade change along the front of the building, the pre- development grade is the average of the elevations at the two front corners of the building. FRONT FACE OF THE BUILDING: The front of a building is that portion of the building facing the front lot line. FLOOR AREA RATIO (FAR): The ratio, expressed as a decimal, of the amount of floor area of structure against the area of the lot. SIDE YARD SETBACK PLANE: An imaginary plane that commences from a line at a vertical distance above grade as prescribed by this Ordinance, above and parallel to each side yard lot line on a lot, or at the established side wall of an existing house, and 3 which then extends at a 45 degree angle towards the center of the lot until it reaches the maximum building height permitted on the lot, within which plane no building, accessory structure or other addition may be built or project into, except for such encroachments as are permitted by the applicable bulk regulations of this Ordinance. SECTION 3: That Section 4.01 -F, "Bulk Regulations," of Article 4.01, "R -1 Single - Family Residence District," of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following as Paragraph 6 thereof: 6. Maximum Building Size. No building, accessory structure, or addition thereto shall be constructed on a lot which will result in the aggregate size of the principal building with its accessory structures exceeding a gross floor area of 3,500 square feet, or a floor area ratio of 0.40, whichever is greater. The maximum building size shall be subject to the following inclusions and exclusions: (a) The floor area of attached garages and garage attics over 7 feet, 8 inches in height is included in determining maximum building size. (b) The floor area of house attic space over 7 feet, 8 inches in height is included in determining the maximum building size. (c) The potential floor area of second floor cathedral ceiling space over 14 feet in height is included in determining maximum building size. (d) The floor area of outdoor decks, terraces, tennis courts and roofed porches (not enclosed) is excluded in determining maximum building size. (e) The floor area of detached garages, chimneys, bay windows, balconies, under -bay areas and under -eave areas is excluded in determining maximum building size. (f) The floor area of basements or portions of basements which are exposed to a height of less than 3.5 feet is excluded in determining the maximum building size. SECTION 4: That Section 4.02 -F, "Bulk Regulations," of Article 4.02 -F, "R -2 Single- Family Residence District," of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following as Paragraph- 6 thereof 2 6. Maximum Building Size. No building, accessory structure, or addition thereto, shall be constructed on a lot which will result in the aggregate size of the principal building with its accessory structures exceeding 3,500 square feet, or a floor area ratio of 0.40, whichever is greater. The maximum building size shall be subject to the following inclusions and exclusions: (a) The floor area of attached garages and garage attics over 7 feet, 8 inches in height is included in determining maximum building size. (b) The floor area of house attic space over 7 feet, 8 inches in height is included in determining the maximum building size. (c) The potential floor area of second floor cathedral ceiling space over 14 feet in height is included in determining maximum building size. (d) The floor area of outdoor decks, terraces, tennis courts and roofed porches (not enclosed) is excluded in determining maximum building size. (e) The floor area of detached garages, chimneys, bay windows, balconies, under -bay areas and under -eave areas is excluded in determining maximum building size. (f) The floor area of basements or portions of basements which are exposed to a height of less than 3.5 feet is excluded in determining the maximum building size. SECTION 5: That Section 4.03 -F, "Bulk Regulations," of Article 14.03, "R -3 Single- Family Residence District," of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following as Paragraph 6 thereof: 6. Maximum Building Size. No building, accessory structure or addition thereto, shall be constructed on a lot which will result in the aggregate size of the principal building with its accessory structures exceeding 3,500 square feet, or a floor area ratio of 0.40, whichever is greater. The maximum building size shall be subject to the following inclusions and exclusions: W (a) The floor area of attached garages and garage attics over 7 feet, 8 inches in height is included in determining maximum building size. (b) The floor area of house attic space over 7 feet, 8 inches in height is included in determining the maximum building size. (c) The potential floor area of second floor cathedral ceiling space over 14 feet in height is included in determining maximum building size. (d) The floor area of outdoor decks, terraces, tennis courts and roofed porches (not enclosed) is excluded in determining maximum building size. (e) The floor area of detached garages, chimneys, bay windows, balconies, under -bay areas and under -eave areas is excluded in determining maximum building size. (f) The floor area of basements or portions of basements which are exposed to a height of less than 3.5 feet is excluded in determining the maximum building size. SECTION 6: That Section 4.04 -F, "Bulk Regulations," of Article 14.04, "R -4 Single- Family and Two - Family Residence District," of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following as Paragraph 6 thereof: 6. Maximum Building Size. No building, accessory structure or addition thereto, shall be constructed on a lot which will result in the aggregate size of the principal building with its accessory structures exceeding 3,500 square feet, or a floor area ratio of 0.40, whichever is greater. The maximum building size shall be subject to the following inclusions and exclusions: (a) The floor area of attached garages and garage attics over 7 feet, 8 inches in height is included in determining maximum building size. (b) The floor area of house attic space over 7 feet, 8 inches in height is included in determining the maximum building size. 2 (c) The potential floor area of second floor cathedral ceiling space over 14 feet in height is included in determining maximum building size. (d) The floor area of outdoor decks, terraces, tennis courts and roofed porches (not enclosed) is excluded in determining maximum building size. (e) The floor area of detached garages, chimneys, bay windows, balconies, under -bay areas and under -eave areas is excluded in determining maximum building size. (f) The floor area of basements or portions of basements which are exposed to a height of less than 3.5 feet is excluded in determining the maximum building size. SECTION 7: That Section 4.01 -F,3, "Minimum Yards," of Article 4.01, "R -1 Single- Family Residence District," of the Zoning Ordinance of the Village of Deerfield, be and the same is hereby amended to add the following entitled "Side Yard Setback Plane ": g. Side Yard Setback Plane. (1) Except for permitted encroachments, no building, accessory structure or addition thereto shall be constructed which will intercept or project above the side yard setback plane which begins at the point 14 feet above the pre- development grade of the property at the side yard lot line. Beginning at said place and height, the side yard setback plane is established at 45° angle extended toward the interior of the lot. (2) - Except for permitted encroachments, no addition to any building in existence on the enactment of this Ordinance shall be constructed which will intercept or project above the side yard setback plane which shall begin: (i) at the point 14 feet above the pre - development grade of the property at the side yard lot line, if the side yard adjacent to such lot line is not'less than 8 feet in width; or (ii) at the point 22 feet above the established grade of the property at the existing side wall of the house, if the side yard abutting such existing side wall is less than 8 feet in width. Beginning at said height, the side yard setback plane is established at 45° angle extended toward the interior of the lot. 7 (3) The following structures, appurtenances and features are permitted encroachments into the side yard setback plane: i. chimneys ii stack pipes iii. dormers, gable roof ends, hip. roof ends, shed roof ends, and the upper segments of gambrel roof ends, provided, however, that roof ends may not extend through the side yard setback plane more than 20 feet in length. SECTION 8: That Section 4.02 -F,3, "Minimum Yards," of Article 4.02, "R -2 Single- Family Residence District," of the Zoning Ordinance of the Village of Deerfield, be and the same is hereby amended to add the following entitled "Side Yard Setback Plane ": g. Side Yard Setback Plane. (1) Except for permitted encroachments, no building, accessory structure or addition thereto shall be constructed which will intercept or project above the side yard setback plane which begins at the point 14 feet above the pre- development grade of the property at the side yard lot line. Beginning at said place and height, the side yard setback plane is established at 45° angle extended toward the interior of the lot. (2) Except for permitted encroachments, no addition to any building in existence on the enactment of this Ordinance shall be constructed which will intercept or project above the side yard setback plane which shall begin: (i) at the point 14 feet above the pre - development grade of the property at the side yard lot line, if the side yard adjacent to such lot line is not less than 8 feet in width; or (ii) at the point 22 feet above the established grade of the property at the existing side wall of the house, if the side yard abutting such existing side wall is less than 8 feet in width. Beginning at said height, the side yard setback plane is established at 45° angle extended toward the interior of the lot. (3) The following structures, appurtenances and features are permitted encroachments into the side yard setback plane: i. chimneys ii. stack pipes ,;i iii. dormers, gable roof ends, hip roof ends, shed roof ends, and the upper segments of gambrel roof ends, provided, however, that roof ends may not extend through the side yard setback plane more than 20 feet in length. SECTION 9: That Section 4.03 -F,3, "Minimum Yards," of Article 4.03, "R -3 Single- Family Residence District," of the Zoning Ordinance of the Village of Deerfield, be and the same is hereby amended to add the following entitled Side Yard Setback Plane: g. Side Yard Setback Plane. (1) Except for permitted encroachments, no building, accessory structure or addition thereto shall be constructed which will intercept or project above the side yard setback plane which'begins at the point 14 feet above the pre- development grade of the property at the side yard lot line. Beginning at said place and height, the side yard setback plane is established at 45° angle extended toward the interior of the lot. (2) Except for permitted encroachments, no addition to any building in existence on the enactment of this Ordinance shall be constructed which will intercept or project above the side yard setback plane which shall begin: (i) at the point 14 feet above the pre - development grade of the property at the side yard lot line, if the side yard adjacent to such lot line is not less than 8 feet in width; or (ii) at the point 22 feet above the established grade of the property at the existing side wall of the house, if the side yard abutting such existing side wall is less than 8 feet in width. Beginning at said height, the side yard setback plane is established at 45° angle extended toward the interior of the lot. (3) The following structures, appurtenances and features are permitted encroachments into the side yard setback plane: i. chimneys ii. stack pipes iii. dormers, gable roof ends, hip roof ends, shed roof ends, and the upper segments of gambrel roof ends, provided, however, that roof ends may not extend through the side yard setback plane more than 20 feet in length. 9 SECTION 10: That Section 4.04 -F,3, "Minimum Yards," of Article 4.04, "R -4 Single- Family and Two - Family Residence District," of the Zoning Ordinance of the Village of Deerfield, be and the same is hereby amended to add the following entitled Side Yard Setback Plane: g. Side Yard Setback Plane. (1) Except for permitted encroachments, no building, accessory structure or addition thereto shall be constructed which will intercept or project above the side yard setback plane which begins at the point 14 feet above the pre - development grade of the property at the side yard lot line. Beginning at said place and height, the side yard setback plane is established at 45° angle extended toward the interior of the lot. (2) Except for permitted encroachments, no addition to any building in existence on the enactment of this . Ordinance shall be constructed which will intercept or project above the side yard setback plane which shall begin: (i) at the point 14 feet above the pre - development grade of the property at the side yard lot line, if the side yard adjacent to such lot line is not less than 8 feet in width; or (ii) at the point 22 feet above the established grade of the property at the existing side wall of the house, if the side yard abutting such existing side wall is less than 8 feet in width. Beginning at said height, the side yard setback plane is established at 45° angle extended toward the interior of the lot. (3) The following structures, appurtenances and features are permitted encroachments into the side yard setback plane: i. chimneys ii. stack pipes iii. dormers, gable roof ends, hip roof ends, shed roof ends, and the upper segments of gambrel roof ends, provided, however, that roof ends may not extend through the side yard setback plane more than 20 feet in length. SECTION 11: That Article 10.01 -D, "Exceptions," of Article 10, "Nonconformities," of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following as Paragraph 6 thereof: 6. Ordinance No. . Any structure in existence, under construction, or permitted for construction on the effective date of 10 Ordinance No. which does not meet the requirements of said amendatory ordinance and which is subsequently damaged or destroyed, in whole or in part, by any means other than the intentional demolition of the structure, may be restored or reconstructed if initiated within one year of such destruction and diligently pursued to completion, provided that the structure shall not be altered, enlarged or restored in a manner that would further increase the non- conformity with the requirements of said amendatory ordinance. SECTION 12: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 13: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 4th day of August , 2003. AYES: Benton, xayne, 5eiden, Wylie (4) NAYS: Rosenthal, Swanson (2) ABSENT: None (0) ABSTAIN: None (0 ) APPROVED this 4th day o _ kae,&VoN II.1�i