PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
title
Conduct the public hearing regarding amendments proposed to various chapters of Title 6 (Zoning Regulations) of the Naperville Municipal Code regarding the B4 yard requirements, solar requirements, and sign requirements - PZC 22-1-101
body
DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Allison Laff, AICP, Deputy Director; Gabrielle Mattingly, AICP, Community Planner; Kathleen Russell, AICP, Community Planner
ENTITLEMENTS REQUESTED:
Text amendments to various chapters of Title 6 (Zoning Regulations) of the Naperville Municipal Code.
BOARD/COMMISSION REVIEW:
Required notice of PZC 22-1-101 was published in the Daily Herald on October 16, October 19, and October 21, 2022.
BACKGROUND:
Staff seeks to make changes to amend Chapter 15 (Small Wind and Solar Renewable Energy Systems), Chapter 16 (Signs), Article D (B4 Downtown Core District) of Chapter 7 (Business Districts) of Title 6 (Zoning Regulations) of the Municipal Code.
DISCUSSION:
Chapter 7 Article D: B4 Downtown Core District
The B4 (Downtown Core District) was previously amended in 2011 in accordance with zoning code change recommendations proposed by the Downtown 2030 Plan. These recommendations included the establishment of a maximum setback of 6’ for any new construction or for modifications to any exterior building wall in the B4 district that are made after January 1, 2012. This maximum setback from all property lines was intended to create a consistent streetwall in the downtown.
A streetwall is “established by continuous building fronts at or near the front property line with no or minimal gaps between them. Streetwalls reinforce the pedestrian character of the downtown by establishing aesthetic and functional continuity” (p. 40 Naperville Downtown 2030). As such, staff does not find it is necessary to require this streetwall to be maintained along the property lines which are not facing the street (i.e. the rear and interior property lines). The allowance for separation between buildings in the rear and interior of the buildings provides necessary space to allow for other functions such as waste service pickup, deliveries, maintenance, parking, etc. Staff is proposing an amendment to the maximum setback to specify that this setback shall only be measured from street facing lot lines (the front lot line and the corner side lot line) and that no setbacks are required from the rear lot line or the interior lot line.
Chapter 15: Small Wind and Solar Renewable Energy Systems
The City’s current provisions regarding net metering are being updated to comply with certain provisions of the Climate and Equitable Jobs Act (CEJA) passed in September 2021, as well as in response to evolving customer expectations regarding solar technology. For reference, net metering is a means by which solar customers receive credit for electricity they produce and supply to the City’s utility electric utility distribution system.
While the provisions related to net metering are mainly addressed in Title 8 (Public Utilities), references to net metering provisions have historically been included within Chapter 15 (Small Wind and Solar Renewable Energy Systems) of Title 6 (Zoning Ordinance). The proposed amendment removes outdated references and includes a cross reference to Title 8.
The Title 6 amendment includes one substantive change to increase the allowable height for solar energy systems that are installed on structures above commercial and industrial parking lots which will allow for a beneficial environmental upgrade to parking lots. While the maximum allowable height for ground mounted solar energy systems is currently 8’, the amendment seeks to increase the allowable height to 15’ only for such solar energy structures installed in parking lots. There are no such structures currently being requested; however, the amendment will facilitate their installation in the future should they be requested.
Chapter 16: Signs
The proposed sign text amendment seeks to:
1. Correct clerical errors referencing incorrect sections.
2. Allow for off premise signs, when both the business and the location of the sign are within the same Planned Unit Development (PUD). In some instances, PUDs are made up of multiple parcels, including some strip malls where individual tenants are on separate lots. Under the current code, if a strip mall requested a multi-tenant sign that advertised businesses on a separate parcel, but both the sign location and the business are in the same PUD, a deviation would be required. For example, Market Meadows, City Gate West, and Eastgate Crossing were required to process sign deviations for their multitenant monument signs because some of the tenants were on separate parcels from the location of the monument sign but were still a part of the same larger PUD. The text amendment would remove the requirement for these instances to go through the entitlement process and allow the signs to be approved administratively through the sign permit application process.
3. Permit wall signs to be proportionate to the façade length, rather than limiting larger commercial and industrial uses to 300 SQFT. Currently the code permits a maximum sign area of one and one-half (1.5) square feet for each linear foot of facade and shall not exceed a maximum of three hundred (300) square feet, per qualifying façade. In the proposed text amendment, the 300 SQFT limit would be removed so that signs can remain proportionate to the façade regardless of the size of the buildings. There have been several examples where the signs for larger retail stores have required a variance because the sign area per façade exceeded the 300 SQFT limit per facade, but met the proportionality component of the requirement, 1.5 multiplied by the façade length. Businesses that received variances due to the size of their signs because they exceeded 300 SQFT include Target at 1951 W. Jefferson Avenue, Walmart at 2552 W. 75th Street, and Costco at 1255 E. Ogden Avenue.
The draft ordinance reflecting the above changes is attached. The proposed code language is underlined; the deleted language is stricken. Staff is supportive of the proposed changes finding that they will clarify the setbacks in the B4 District, requirements for solar energy systems, allow for proportional wall signs and cohesive sign design for PUDs.