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Community Achieves Its 1931 Planned
Appearance Through Stringent Zoning

By JOHN HOUDE, Building Commissioner
Department of Public Works
Glencoe, Illinois

Glencoe, Illinois, located in the center of the most affluent region of Chicago and one of the wealthiest areas in the nation, is a prime example of how a community planned through the use of a stringent land-use zoning plan over a period of sixty years should look. Located twenty-five miles north of Chicago's downtown area and accessible by commuter train, it is a beautiful area on the shores of Lake Michigan. The community of 9,200 with approximately 3,000 dwelling units shares an idyllic location bordered by forest preserves on two sides which buffer it from high traffic expressway and intersecting roadways. Glencoe is a 90% single-family zoned community, with no industry. It has a distinct sense of identity and community due to its centrally-located and extremely vital business district, now rare in most older communities and nonexistent in many post-World War II suburbs.

Zoning in Glencoe dates back to 1921 when its first zoning ordinance was adopted. Amended over the years, the text and map of the current zoning ordinance are basically the same as that of its 1931 ordinance.

The Village is substantially developed, with no further possibility of annexations to increase its population or housing stock. The Village's 1931 Zoning Map Plan shows the business district with the same boundaries as the current Zoning Map. Although not fully developed in 1931, this business area now is built up to its boundaries. Existing business buildings have not been intensely used to the maximum three-story building height limit allowed in the ordinance.

Glencoe is one of the few rare older midwest communities that have retained a commitment to their designated zoning land-use map for such a long period of time. Many older cities have rezoned parcels of land adjacent to existing nonconforming uses, spot zoned noncompatible uses, expanded nonforming uses, provided for incompatible uses adjacent to residential areas, and/or increased density allowances in popular residential neighborhoods. The strength of Glencoe's land-use designation lies with its long-term commitment to maintain defined residential areas. This success is due in large part to the consistent commitment of elected officials. Village staff, and a concerned citizenry. Elected Village Board members and Village staff have worked closely together with staff administering and enforcing zoning ordinance provisions. The elected Village Board and its appointed zoning and plan commission bodies have provided policy directives and have updated regulations as necessary to meet changing historical conditions.

Over the history of Glencoe's tenure with a zoning ordinance, numerous nonconforming uses have been eliminated through natural attrition. A lumber yard, greenhouses, public utility uses, a coal yard, and others have been demolished or readapted to conforming uses. Demands to allow some of the nonconforming uses to be converted through rezoning to other commercial or business uses have been denied by many of the different elected Village Boards. Only two nonconforming business or commercial-type uses now remain in residential zones.

Amendments have recently been made to anticipate technological and economic changes. In 1979 an amendment was made to the Zoning Ordinance elminating possible single-family home construction on smaller, previously platted, nonconforming lots. In some areas of the Village, previously-platted 25-foot-wide lots were conbined into two-and three-lot wide parcels to build the current large homes on them. Recent intense local housing demand made it financially feasible for a developer to demolish a large home and to build on each of these individual previously-platted lots under the pre-1979 ordinance. A court decision ruling against the Village's denial for a building permit on a similar-size lot precipitated this amendment. Although this type of development never took place, a major loop-hole in the ordinance was eliminated through this amendment.

In 1983 the mushrooming installation of satellite-earth stations around the Chicago area caused concern that Glencoe Zoning Ordinance restrictions could permit such installations in certain yard areas without adequate screening from neighboring properties. After a detailed study, restrictions were added to the Zoning Ordinance to regulate location (no front yard or rooftop units) and to require landscape screening so that the

December 1987 / Illinois Municipal Review / Page 5


ground mounted dishes would not be visible from the street or neighboring properties. A 1985 amendment allowed dishes in a larger area of the rear yard as well as 4-foot diameter mesh-type roof units. A 1987 amendment made these provisions conform to a 1986 Federal Communications Commission ruling.

In 1984 local demand for a farmer's market precipitated another change in the ordinance. Prior to the 1984 amendment, the sale of any merchandise outside of an enclosed building was not permitted in the business district. As a result, an earlier attempt by some interested residents to organize a farmer's market was unsuccessful. The 1984 amendment provided an annual special use permit procedure to allow this type of use.

The Glencoe Zoning Ordinance does not follow the format of many ordinances in allowing special use permits as a tool for allowing different uses. The Glencoe Ordinance has only four provisions for special use permits: for utility company uses necessary for transformers or other equipment, for the farmer's market, for increased density and height for senior housing in those zoning districts that allow multiple family housing, and for new service stations in business districts. The criteria for examining requests for each of the four uses are specifically detailed and not left overly-ambiguous, as in many special use applications elsewhere.

The Glencoe ordinance, although stringent in certain respects, is flexible in allowing for issues that appear to be gaining current nation-wide momentum. The ordinance in 1985 was amended to allow for senior housing in multiple-family and business zoned areas with the following changes possible with specific limits under a special use permit: (1) increased density, (2) reduced parking, and (3) increased height.

Another provision of the ordinance which has been flexible is the definition of "family" as applicable to single family home occupancies. It is defined as "Either (a) one person; or (b) two or more persons, each related by blood, marriage or legal adoption (including foster children) living together as a single housekeeping unit; or (c) two groups of persons living together as a single housekeeping unit where all persons in each of said groups are related by blood, marriage or legal adoption (including foster children); or (d) not more than four persons not so related living together as a single housekeeping unit, together with, in either (a), (b), (c) or (d), any domestic servants, for whom, subject to the provisions of this ordinance, separate living quarters may be provided. A family in either the "(a)", "(b)" or "(c)" category may include, in addition to its basic members, a total of not more than two (2) boarders or long-term guests. For the purposes of this definition, "living together as a single housekeeping unit" shall be deemed to mean that all members of the household share common meals, that all members have the equal right to use, in common with each other, the areas customarily considered to be common area in a dwelling and that all members share customary household obligations in a manner typical of a traditional nuclear family."

This recently-adopted definition was similar to an earlier provision which allowed for certain types of shared housing. The new definition of family allows up to four unrelated individuals to share a house, providing they share the kitchen, living, and dining facilities. For elderly persons, this means that a room could be rented out to two college students or a house could be shared by up to four unrelated or unmarried seniors desiring to maintain a more independent life style not possible in apartments or group senior facilities. With rising living costs, these methods of sharing or reducing expenses are important for seniors desiring to stay in the larger homes and in the community they have been accustomed to living in for so many years.

Recent turnover in occupancy in homes formerly occupied by seniors or couples who have completed raising families have drawn younger professional couples with smaller families from many areas of the Chicago region. Their reasons for moving to Glencoe vary, but contain a common element indicating that the couple has studied the region carefully prior to considering their move. Some of the more common factors cited to Village staff are the high rating of the elementary school district, the nationally top-ranked high school, the general feeling of openness resulting from parks and large yards around homes, the stable zoning evidenced by the few changes in the land-use map in over 60 years, the beautiful views of Lake Michigan and the fine public beach, the extensive mature trees found throughout the Village, and quick and convenient access to Chicago by commuter train or auto transportation. In general, these factors combine to make for a very stable and attractive community for the prospective resident. Although acquisition costs for the new home buyer are higher than most other homes in the Chicago region, many of the younger couples move to Glencoe from

Page 6 / Illinois Municipal Review / December 1987


their first home purchased elsewhere after having carefully saved and sacrificed. Sixty years of zoning have given them what they visually and aesthetically expect their ideal community to look like. In Glencoe they can live their dream.

The growing use of home computers and the desire of many individuals to work out of their homes has brought controversy to many zoning ordinances where such uses are expressly forbidden. Again, the language of Glencoe's ordinance has provided flexibility by allowing those uses which do not negatively impact on neighbors or neighborhoods. Glencoe's zoning ordinance defines a home occupation as "an occupation for gain or support conducted entirely and only by members of the family within a residential or accessory building, provided that no special space is designed or arranged for such occupation, provided that no article is sold or offered for sale except such as may be produced in the household by members of the family, and provided that nothing that is noxious, offensive, or deleterious to health by reason of the emission of odor, dust, smoke, gas or noise is produced by such occupation." With this definition, residents have a wide variety of home occupations that do not require additional personnel from outside their own households, that do not require special equipment or space outside of what is typically found in a home, that produce something in the house, and that do not have any outward negative impact on neighbors, such as signs or heavy traffic conditions.

Glencoe's Zoning Ordinance has a long history of protecting the peace, quiet and privacy of the community's residential areas, yet it is flexible enough to allow those uses which will not provide a visually or audibly negative impact on its residents. •

December 1987 / Illinois Municipal Review / Page 7


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