MEMORANDUM DATE: April 12, 26 TO: City of Park Ridge: Zoning Committee FROM: Jacques Gourguechon, AICP Arista Strungys, AICP SUBJECT: Miscellaneous Ordinance Items This memorandum presents the final issues to be addressed by the Zoning Committee before Ordinance drafting begins. These five items are: 1. Accessory Structures and Garage Height 2. FAR Bonuses for Single-Family Residential 3. Zoning Designation for the Park Ridge Youth Campus 4. Lot Coverage and Open Space Requirements 5. Telecommunication Structures Each of these items is addressed below. 1. ACCESSORY STRUCTURES AND GARAGE HEIGHT For this section of the Ordinance, the first proposed revision is the reorganization of the accessory structure regulations. Currently, accessory structures are regulated in combination with permitted encroachments within a single list. The revision would separate accessory uses and permitted encroachments into two sections located within the Site Development Standards Chapter. In the first section, certain accessory uses would be regulated by additional criteria pertaining to their location, design and/or size. Some of the typical accessory uses regulated in this way include: Accessory Structures (General) Garages Sheds Gazebos Arbors, Pergolas and Trellises Decks Terraces and Patios Porches Mechanical Equipment (HVAC, generators, etc.) Swimming Pools Satellite Dish Antenna Outdoor Fireplaces Miscellaneous Final Zoning Ordinance Items 1 Camiros, Ltd.
A separate section would then be created for permitted encroachments in table format. Each accessory structure would be listed within the first column of the table, and a Yes or No would indicate whether they were permitted to encroach in any of the required yards, with each yard listed separately within a subsequent column of the table. A sample permitted encroachments table is included below. This table is for illustrative purposes only; the table does not reflect current or proposed Park Ridge standards for permitted encroachments. Type of Encroachment SAMPLE TABLE PERMITTED ENCROACHMENTS FOR ILLUSTRATIVE PURPOSES ONLY *DOES NOT REFLECT PARK RIDGE PERMITTED ENCROACHMENTS* Y= Permitted N = Not permitted Front Yards and Corner Side Yards Yards Where Permitted Interior Side Yards Rear Yards Accessibility Ramps Air Conditioner Window Units, which project no more than 18 inches into any required yard Arbors, Gazebos, and Trellises, subject to Section Marquees, Awnings and Canopies that project no more than 3 inches into the required yard Balconies that project no more than 3 inches into the required yard Bay Windows and Dormers, no more than 1 story in height, do not project more than 3 inches into a required yard and occupy no more than 33% of the exterior length of the adjoining wall Chimneys that project no more than 3 inches into a required yard Compost Piles, Firewood Storage, and Trash Receptacles (except those temporarily placed elsewhere on the lot for trash collection) Decks, Terraces and Patios at ground level or elevated from ground level, subject to Section N N Y N N Y N N Y Dog houses and dog runs N N Y Eaves, including gutters, provided they project no more than 3 inches into the required yard Fences, subject to Section N Y Y Fire Escapes (Open) N Y Y Flag Poles Garages, Detached, subject to Section N Y Y Ground Mounted Mechanical Units, including central air conditioning, heating, ventilating, compressors, pool and filtering equipment, subject to Section N Y Y Hot Tubs N Y Y Laundry Drying Equipment (Clotheslines and Poles) N Y Y Miscellaneous Final Zoning Ordinance Items 2 Camiros, Ltd.
Type of Encroachment SAMPLE TABLE PERMITTED ENCROACHMENTS FOR ILLUSTRATIVE PURPOSES ONLY *DOES NOT REFLECT PARK RIDGE PERMITTED ENCROACHMENTS* Ornamental Lighting Standards and Permanently Anchored Lawn Furniture and Decorations, such as benches, statues, bird bathes, sculptures, etc., subject to view obstruction requirements in Section. Y= Permitted N = Not permitted Front Yards and Corner Side Yards Yards Where Permitted Interior Side Yards Rear Yards Outdoor Fireplaces Parking, (Open, Off-Street), Carports and Covered Parking Spaces, see also Section, Off- Street Parking Playground and Recreational Equipment and Play Houses, excluding equipment located on park/playground, school or day care center sites Porches (Attached, Covered or Uncovered, Unenclosed), subject to Section N, except basketball standards and backboards shall be permitted in all yards N, except basketball standards and backboards shall be permitted in all yards Y, provided they are located no closer than 3 ft from any property line N Y Y Satellite Dish Antenna, subject to Section N N Y Signs, subject to Section Sidewalks and private walkways Sheds and Storage Structures for Garden Equipment and Private Greenhouses, subject to Section (sheds for keeping of birds, poultry or livestock are prohibited) Steps and Stoops, not exceeding 4 feet in height, provided they do not extend more than 3 inches into the required yard Swimming Pools, subject to Section, Swimming Pools, of the Building Code Tennis Courts, excluding those located on park/playground or school sites N Y Y N N N N Y, subject to Section, of the Building Code Y, provided they are located no closer than 1 feet from any property line Transformers Garage Design An additional concern within the accessory structure regulations is detached garage design, in particular the height and overall size. The desire is to control the overall bulk of a detached garage, while affording some flexibility in the design of the garage, in particular to match the design of the garage roof to the roof of the home. To accomplish this, the following regulations are proposed: The height of a detached garage shall not exceed 18 feet in height, as measured to the peak of the roof, to enable the roof pitch of the garage to match the roof pitch of an existing home. The maximum height of the sidewall shall not exceed 1 feet in height. (Flat roof garages would therefore be limited to 1 feet in overall height.) The area above the vehicle parking spaces in a Miscellaneous Final Zoning Ordinance Items 3 Camiros, Ltd.
detached garage may be utilized for storage, but not living space. See illustration below. (Other accessory structures, like sheds, would be limited to 1 feet to the peak maximum.) Garages shall not exceed 7sf (the approximate size of a 3½ car garage). Detached garages shall be consistent with the architecture and design of the principal building. Consistency of design includes use of the same or compatible siding, roofing, roof pitch, trim and colors. Many communities also regulate additional aspects of attached garage design, in particular to minimize the impact of front-loaded garages upon the street. Some of these regulations include: Attached front-loaded garages shall not occupy more than 5% of the width of the front façade of the house, as measured along any building line that faces the street, but in no case more than two automobile bays. Attached front-loaded and side-loaded garages shall be located five feet behind the main front façade of the house excluding porches, bay windows and turrets. Garage doors shall be limited to 18 feet in width, with the exception that garage doors that face the street shall not exceed 9 feet in width each. For attached garages, utilization of a rear-loaded garage is encouraged to minimize the impact of the garage doors on the streetscape. The inclusion of these types of requirements within the Zoning Ordinance is a new approach to garage regulation for Park Ridge. If these recommendations are accepted, several aspects of garage design will now be codified and controlled by the Ordinance. However, the intent of such an approach is to address the reoccurring issues that have emerged within the community regarding this subject. In particular, garage height variation requests frequently come before the Zoning Board of Appeals, where property owners would like to match the roof design of their garage to their home. Addressing it within the Zoning Ordinance would create clear-cut standards and would reduce the costs and time burden devoted to such variation requests for property owners, City staff and the Zoning Board of Appeals. 2. FAR BONUSES FOR SINGLE-FAMILY RESIDENTIAL FAR bonuses for existing single-family residential are used as an incentive to preserve the existing housing stock and maintain the established character of single-family neighborhoods. A typical FAR bonus provision consists of two parts. The first part describes which homes are eligible, typically by establishing a cut-off date ( homes constructed before month/day/year ). The second contains the bonus provision, whereby single-family residences are permitted to construct an addition, which would increase the total FAR (by a certain defined amount). The ability to utilize this bonus provision is also contingent on meeting other ordinance requirements. In other words, if a homeowner would need a variation to encroach into a rear yard, for example, then they could not utilize the FAR bonus. Because he FAR bonus Miscellaneous Final Zoning Ordinance Items 4 Camiros, Ltd.
provisions are intended to preserve existing housing stock and existing character, the regulations would also include a safeguard that prevents property owners from essentially demolishing most of the existing home while taking advantage of the bonus. The City of Highland Park utilizes such a FAR bonus provision. Their regulations, included below, provide an example of how such provisions are written as well as the restrictions placed upon them: (B) Bonus FAR. (1) Applicability. Bonus FAR shall be allowed on a legal lot of record in the R1 through R7 1 zoning districts on which an addition to an existing building (referred to herein as addition ) is proposed to be constructed, subject to the rules and conditions set forth in Section 15.73.3(B)(3). (2) Bonus FAR Formula. The maximum Bonus FAR allowed on a legal lot of record in the R1 through R7 zoning districts shall be determined based on the formula set forth in the table in Section 15.73.3.(A). (3) Rules and Conditions. The following rules and conditions shall be used in determining the applicability of Bonus FAR for building additions on legal lots of record in the R1 through R7 zoning districts: (a) The proposed addition shall be attached to an existing building, and: (i) such existing building shall have been constructed prior to January 1, 199 and no addition requiring a building permit was attached to such building after June 28, 24; or (ii) if such building was constructed after January 1, 199, or an addition requiring a building permit was attached to such building after June 28, 24, no addition requiring a building permit has been attached to the building in the seven years preceding the date on which a building permit application is submitted for the proposed addition; and (b) No demolition activity, as defined in Subsection 17.4(E) of the Code, is proposed to occur during the construction of the proposed addition; and (c) With the exception of maximum FAR, the building and the proposed addition will be in compliance with all applicable bulk regulations; and (d) No part of the proposed addition shall be located within a steep slope zone; and (e) No part of the proposed addition shall be attached to a building that was issued its initial certificate of occupancy within seven years preceding the date of the submittal of the building permit application for the proposed addition; and (f) The existing building to which the proposed addition is to be attached shall not have: (i) utilized the maximum Bonus FAR calculation for any addition prior to the proposed addition; and (ii) had a portion of the building that was, prior to the submission of the building permit application for the proposed addition, partially removed or destroyed by any act or process within the control of a person that was the owner of the building at the time of such removal or destruction; and (iii) any portion of the existing building that was not removed or destroyed, as set forth in Section 15.73.3(B)(3)(f)(ii) above, removed or destroyed by the applicant prior to the construction of the new addition. An applicant shall record a restrictive covenant, in a form acceptable to the Zoning 1 The R1 through R7 Districts are all single-family districts, with the exception of the R7 District, which is single-family and twofamily. Miscellaneous Final Zoning Ordinance Items 5 Camiros, Ltd.
Administrator, that prohibits, for a period of at least 2 years after the issuance of a certificate of occupancy for the addition, the removal or destruction of any portion of the building that was not removed or destroyed, as set forth in Subparagraph 15.73.3(B)(3)(f)(ii). Parcel Size (sf) FAR Formula Bonus FAR Formula <7,26 (.4 x lot area )+ x 1 lot area (.4 x lot area) + (.3 x lot area) x 1 lot area 7,26-9,999 (.22 x lot area) + 1325 x 1 lot area [(.22 x lot area) + 1325] + (.3 x lot area) x 1 lot area 1,-11,999 (.11 x lot area) + 24 x 1 lot area [(.11 x lot area) + 24] + (.5 x lot area) x 1 lot area 12,-19,999 (.26 x lot area) + 6 x 1 lot area [(.26 x lot area) + 6] + (.5 x lot area) x 1 lot area 2,-39,999 (.21 x lot area) + 16 x 1 lot area If Lot Area is < 25,sf: [(.21 x lot area) + 16] + (.5 x lot area) x 1 lot area If lot area is = or > 25,sf: [(.21 x lot area) + 16] + (125) x 1 lot area 4,-79,999 (.11 x lot area) + 56 x 1 lot area [(.11 x lot area) + 56] + (125) x 1 lot area 8,-136,79 (.126 x lot area) + 6188 x 1 lot area (.126 x lot area + 6188) + (125) x 1 lot area = >13,68 (.15 x lot area) + x 1 lot area (.15 x lot area) + (125) x 1 lot area Highland Park s FAR bonus is based upon lot size and varies from.3 to.5 on lots up to 25,sf in area (lots larger than that are granted a pre-set bonus of 1,25sf). The.3 to.5 FAR bonus for smaller residential lots, in particular single-family lots, is typical. When applied to Park Ridge, based upon required minimum lot size, the FAR bonus would amount to 3sf to 5sf within the R-1A, and 195sf to 325sf within the R-1. It should also be noted that a single-family residential FAR bonus does not in any way effect the density. If Park Ridge would like to include a bonus FAR provision for existing homes, over the.45 allowed within the R-1A and R-1 Districts, an analysis would be required to see what that bonus provision should be. 3. ZONING DESIGNATION FOR THE PARK RIDGE YOUTH CAMPUS Currently the Park Ridge Youth Campus is located in the R-1A District, where it is considered a legal nonconforming use. Like Lutheran General, due to the size and amount of land area occupied by this use, an appropriate alternative would be to create a special purpose district for such a use. An Institutional District can be created, which incorporates large-scale institutional uses, like schools with boarding facilities, and has bulk and use standards specifically for these types of uses. This would allow the Park Ridge Youth Campus to make simple permitted changes rather than face the limitations that exist on a nonconforming use. If designated an Institutional District, and the school were to close, because the district would be limited to institutional-type uses, a zoning map amendment would be required for any other type of development. This would give the City some control over the large land area currently occupied by the campus. The purpose of this Institutional District (I District) is to accommodate uses like the Park Ridge Youth Campus, which cannot be fully integrated into existing neighborhoods or regulated properly according to R-1A District standards (its current location). Primary and secondary schools with boarding facilities and schools for the mentally, physically or emotionally handicapped with boarding facilities would then be allowed as special uses within this district. Because of the residential campus that is part of this type of use, the bulk regulations would utilize transition yards to mitigate the impacts of the development against neighboring districts. Transition yards, considered any yard that abuts an adjacent district and not separated by a street, would be a minimum of 7 feet, with the intent of achieving approximately 1 feet between buildings (7 ft of transition yard + 3 ft of rear yard.). Any yard that abuts a street (front or corner side yards) would be required to be at least 35 feet in Miscellaneous Final Zoning Ordinance Items 6 Camiros, Ltd.
width in order to provide room for appropriate landscaping. With these yards in place, building coverage can be limited to 3% net of required yards in order to ensure sufficient open space within the development. Also, a maximum building height would be included, which can be capped at 42 feet or 3½ stories, whichever is less. In the proposed I District standards above, uses have been restricted to only schools with boarding facilities. An additional option is to create an Educational District, whereby all educational uses within the City would be designated as an E District. In such a situation, primary and secondary schools can be made permitted uses, while all schools with boarding facilities, including those for the mentally, physically or emotionally handicapped, as well as any vocational (specialized instruction) schools or colleges/universities would be considered special uses. Bulk standards would then be crafted to address the different types of developments in the E District. 4. LOT COVERAGE AND OPEN SPACE PERCENTAGES Currently, the lot coverage and open space requirements for single-family districts are as follows: R-1A: Lot coverage of 35% and an open space requirement of 45% (of the zoning lot) R-1: Lot coverage of 35% and an open space requirement of 4% (of the zoning lot) Based on a building permit survey conducted in 22 (149 building permits issued in 2 and 21), these requirements are in line with what is being constructed (please see attached permit chart). Most new construction does not exceed the permitted lot coverage and provides more open space than required. It is Miscellaneous Final Zoning Ordinance Items 7 Camiros, Ltd.
not recommended to reduce the maximum lot coverage or increase the minimum open space as this may create a large number of nonconformities. Graphs and tables of the information from the 22 building permit survey are provided below. Lot Coverage R-1 Maximum Lot Coverage 7 6 5 4 3 2 1 65 39 14 2%-25% 25%-3% 3%-35% Over 35% Lot Coverage % R-1A Maximum Lot Coverage 2 15 1 5 16 13 1 1 2%-25% 25%-3% 3%-35% Over 35% Lot Coverage % R-1 R-1A MAXIMUM Percentage of Total Percentage of Total Lot Coverage % Lots (118) Lots (31) 2-25% 14 11.9% 13 11.% 25-3% 65 55.1% 16 13.6% 3-35% 39 33.1% 1.8% Over 35%.% 1.8% Miscellaneous Final Zoning Ordinance Items 8 Camiros, Ltd.
Required Open Space R-1 Minimum Open Space % 4 35 3 25 2 15 1 5 37 23 17 15 19 7 4%-45% 45%-5% 5%-55% 55%-6% 6%-65% Over 65% Open Space % R-1A Minimum Open Space % 14 12 1 8 6 4 2 12 9 6 3 1 4%-45% 45%-5% 5%-55% 55%-6% 6%-65% Over 65% Open Space % R-1 R-1A MINIMUM Percentage of Total Percentage of Total Open Space % Lots (118) Lots (31) 4%-45% 7 5.9%.% 45%-5% 17 14.4% 1 3.2% 5%-55% 15 12.7% 3 9.7% 55%-6% 19 16.1% 9 29.% 6%-65% 37 31.4% 12 38.7% Over 65% 23 19.5% 6 19.4% 5. TELECOMMUNICATION STRUCTURES Current technology has led to the regulation of telecommunications structures as three specific uses: cell towers (including facilities), wireless antennas and satellite dishes. Cell Towers and Wireless Antennas Regulations on telecommunication structures are limited by the rules set out in the Telecommunications Act of 1996 (TCA). Provisions that directly impact zoning are found in Section 74 of the TCA. These include: 1) that zoning cannot unreasonably discriminate among providers of functionally equivalent services; 2) zoning cannot prohibit or have the effect of prohibiting the provision of wireless service; and 3) local government cannot regulate personal wireless service facilities (towers and antennas) on the basis of radio frequency emissions as long as those emissions comply with FCC standards. There are Miscellaneous Final Zoning Ordinance Items 9 Camiros, Ltd.
additional standards for the approval process: 1) applications must be acted on within a reasonable period of time; 2) when an application is denied, that denial shall be in writing and supported by substantial evidence contained in a written record; and 3) any person affected by a municipality s decision may take action in federal or state court. There are three main approaches to regulating cell towers and antennas: 1. Many communities attempt to provide an incentive for providers to locate facilities where they will have less impact. Allowing some facilities to be located as permitted uses, which would not be subject to a public hearing process, often serves as an acceptable incentive. One way to structure this type of incentive is to allow wireless antennas to locate or colocate on existing support structures, such as penthouses, utility poles, steeples, or colocation on existing towers, as a permitted use subject to administrative site plan review. All providers that request to erect a new cell tower or to locate a wireless antenna on a structure/area not specified within the regulations would be treated as special uses. 2. Another option would be to permit any wireless antennas and cell towers in only certain locations as permitted uses. All providers that request facilities for other areas of the City would be treated as special uses. 3. The City may also want to require all cell towers and wireless antennas, regardless of location or whether they require erection of new support structures, to be treated as special uses. This can also include a prioritization scheme, which would require providers to consider certain lower impact sites first and certain types of stealth design. As part of any of the above approaches, the Ordinance would include a series of standards that address design, height, landscaping, colocation of antenna, and removal of abandoned structures. Satellite Dishes The TCA defers to the FCC for satellite dish regulations, recognizing three classifications. The first, small satellite dishes, includes satellite dishes approximately 3.3 feet or less in diameter. Any restriction that impairs the installation, maintenance or use of these is prohibited, though an exception is made for locations on the National Register of Historic Places. The second class is comprised of large satellite dishes located in commercial or industrial districts that are approximately 3.3 to 6.6 feet in diameter. Local governments may not adopt regulations that affect these dishes and there are no exemptions allowed. The reason for this is to guarantee a safe haven for these larger dishes in non-residential areas. Finally, large satellite dishes more than approximately 3.3 feet in diameter allow reasonable restrictions, which include health, safety or aesthetics. A sample of satellite dish regulations that currently comply with the rules of the TCA are as follows: 1. General Requirements a. Satellite dish antennas shall be permanently installed on a building, in the ground or on a foundation, and shall not be mounted on a portable or movable structure. b. Subject to operational requirements, the dish color shall be of a neutral color, such as white or grey, and shall blend with the surroundings as best as possible. No additional signs or advertising shall be permitted on satellite dish itself, aside from the logos of the satellite dish service provider or dish manufacturer. c. Cables and lines serving ground-mounted satellite dish antennas shall be located underground. Miscellaneous Final Zoning Ordinance Items 1 Camiros, Ltd.
d. Compliance with all federal, state and local regulations shall be required in the construction, installation, and operation of satellite dish antennas. e. All exposed surfaces of the antenna shall be kept clean and all supports shall be painted to maintain a well-kept appearance. Antennas no longer in use must be removed. 2. Small Satellite Dish Antennas (Three Feet or Less in Diameter) Small satellite dish antennas, which are three (3) feet or less in diameter, shall be subject to the general requirements of Paragraph 1 above. Every effort shall be made to install small satellite dish antennas in locations that are not readily visible from neighboring properties or from the public right-of-way. 3. Large Satellite Dish Antennas (Three Feet or More in Diameter) a. Residential Districts i. Large satellite dish antennas shall be located in the rear yard and shall be setback a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five (5) feet from any lot line. ii. The overall height of a large satellite dish antenna shall not exceed twelve (12) feet. iii. A large satellite dish antenna shall be located and screened so that it cannot be readily seen from public streets or adjacent properties. Screening shall include fences, plant materials, and/or earth berms located to conceal the sides and rear of the antenna and its support structure. Plants shall be at minimum five (5) feet tall at the time of installation. b. Commercial and Industrial Districts i. A large satellite dish antenna shall be located in the rear or side yard, and shall be setback a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five (5) feet from any lot line. ii. Roof-mounting shall be permitted only if the satellite dish antenna is in scale with the overall building mass and location, as determined by the Building Commissioner, and shall be screened by an architectural feature. The visible portion of the dish should not comprise more than twenty-five percent (25%) of the corresponding height or width of the screen. Recommendations iii. Ground-mounted satellite dish antenna shall provide screening, which includes fencing, berming, or landscaping to accomplish the following: (A) All ground-mounted accessory equipment and the lower part of the support structure shall be completely screened. (B) Where feasible, trees shall be installed to the side and rear of the antenna and at a height/elevation equal to the tallest portion of the dish Currently, the City s telecommunication regulations are scattered throughout the Ordinance and difficult to understand. Wireless antennas are regulated as a special use, while cell towers and ground-mounted antenna are regulated through site plan review. In order to improve these regulations and to maintain compliance with federal regulations, the following changes are proposed: satellite dish antenna should be considered an accessory use and regulated in accord with the standards similar to those provided above; cell towers and wireless antennas should be regulated as a special use (indicated within the district use tables), though provisions could be included, as suggested above, to allow for stealth design or predetermined locations to proceed through an expedited review process. Miscellaneous Final Zoning Ordinance Items 11 Camiros, Ltd.