Loading...
HomeMy WebLinkAboutCOW Agenda Special Meeting 09/13/2016SPECIAL MEETING JOINT VILLAGE BOARD AND PLANNING & ZONING COMMISSION WORKSHOP Meeting Location: Meeting Date and Time: Village Board Room -50 S. Emerson Tuesday, September 13, 2016 Mount Prospect, I L 60056 7:00 PM I. CALL TO ORDER II. ROLL CALL Village Board of Trustees MayorArlene A. Juracek Trustee Paul Hoefert Trustee Richard Rogers Trustee John Matuszak Trustee Colleen Saccotelli Trustee Steven Polit Trustee Michael Zadel Planning and Zoning Commission Chair Joseph Donnelly Commissioner William Beattie Commissioner Thomas Fitzgerald Commissioner Norbert Mizwicki III. CITIZENS TO BE HEARD Commissioner Agostino Filippone Commissioner Sharon Otteman Commissioner Keith Youngquist Commissioner Richard Soto I I (Assoc. Member) NOTE: As this is a Special Meeting regulated by the Open Meetings Act (OMA) the public officials will not be able to discuss any business other than those items listed on the agenda. IV. AMENDMENTS TO VILLAGE'S SIGN AND ZONING CODE: CHAPTERS 7.9.14.15. 16, AND 21 Amendments to various sections of the Village Code are proposed, particularly for the Sign Code (Chapter 7) and the Zoning Code (Chapter 14). The amendments are in response to feedback from multiple community stakeholders and staff; the revisions resolve challenges in code interpretation due to internal conflicts or absence of regulation. The amendments will result in a code that is more easily understood and SPECIAL MEETING - September 13, 2016 Pagel of 449 reflective of our current environment. V. VILLAGE HALL PARKING DECK ELEVATOR ADDITION Earlier this year, the Village Board awarded a contract to Desman Associates of Chicago, Illinois to examine the feasibility of adding passenger elevator to the southwest corner of the Village Hall parking deck. The addition of an elevator could improve access to the parking deck and support economic development in the downtown business district. Desman's final report will be presented by staff. VI. ANY OTHER BUSINESS VII. ADJOURNMENT NOTE. ANY INDIVIDUAL WHO WORD LIKE TO ATTEND THIS MEETING BUT BECAUSE OFA DISABILITY NEEDS SOME ACCOMMODATION TO PARTICIPATE, SHOULD CONTACT THE VILLAGE MANAGERS OFFICEAT 50 SOUTH EMERSON, MOUNT PROSPECT, ILLINOIS 60056, 847/392-6000, EXTENSION 5327 SPECIAL MEETING - September 13, 2016 Page 2 of 449 Item II. : Department: PLANNING & ZONING COMMISSION SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: ATTACHMENTS: Description 4.nWatta ,Ihirrne nts A wilillablle Type Upload Date File Name SPECIAL MEETING - September 13, 2016 Page 3 of 449 Item IW AMENDMENTS TO VILLAGE'S SIGN AND ZONING CODE: CHAPTERS 7, 9, 14, 15, 16, AND 21 Department: Information: Staff has worked closely with the Village Attorney and Village Clerk's Office on several amendments to our Village Code. Specifically, the Zoning Ordinance and Sign Code need to be amended as a result of recent legal and legislative decisions. Also included in the amendments are adjustments to clarify, simplify, and better organize the Zoning Ordinance. Many of the amendments are a result of multiple requests by residents to replace obsolete standards with provisions that are complimentary to today's housing and construction market. This continuous improvement approach is in consistent with Goal 5 of the Strategic Plan: Governance. Code amendments are one method used to ensure we are proactive in identifying areas of customer service improvement and allows us to be responsive to local and regional changes in development. The majority of the proposed amendments are within Chapter 7 (Sign Code) and Chapter 14 (Zoning Code); amendments in other Chapters were also necessary to correct some conflicts and will result in a consistent Village Code as a whole. Although the "redline" versions seem to suggest a large amount of change, many of the proposed revisions are simply a rearrangement of current regulations — moving language to a new section, combining existing regulations, or clarifying existing language. This results in a code that's clearer and more concise. Staff proposed to address these changes in one larger set of amendments to avoid a "piecemeal" approach that may result in disconnects with other sections of the code. Chapter 7 — Sign Code The Village's Sign Regulations are found in Chapter 7 of the Village Code. Over the years, these guidelines have been modified in -part numerous times. Staff is proposing a complete rewrite of this chapter to simplify and update the guidelines, and address a recent Supreme Court ruling. SPECIAL MEETING - September 13, 2016 Page 4 of 449 Staff has worked with our Village Attorney to incorporate the United States Supreme Court recently ruled in Reed v. Town Gilbert that municipal sign ordinances that base restrictions on the content of signs likely violate the First Amendment. The Supreme Court's ruling prompted staff to initiate a thorough review of its sign code to ensure that it does not violate constitutionally protected free speech. Signage is a significant marketing tool to identify and promote businesses, events etc. Our goal is to eliminate redundant information and grey areas difficult to enforce and make the regulations easier to understand and navigate for potential businesses and sign contractors. At the same time, we want to avoid distractions and ensure all signs will be in -character with our community. Significant proposed changes to Chapter 7 Sign Regulations include: • Eliminated content -based sign categories. Instead, the guidelines regulate size, height, location, number of signs, and length of time. Examples are given to help clarify. • Added "Municipal Signs" for Village sponsored and/or related events to the Exempt Section • Guidelines for all signs requiring a permit are now found in one article, Article III. • Eliminated Special Use Permits for signs such as electronic message centers, or menu boards and included these sign types along with their guidelines in Article III. • Eliminated the "Special Area of Control" and instead included signs for B-5 zoning with the Projecting and Awning Signs in Article III. • Eliminated the current Article IV "Sign Design" which is very subjective and difficult to enforce. Some key sections were kept and incorporated with the standard sign guidelines now in Article III. • Submission requirements were taken out of the Sign Guidelines and now refer you to the Sign Permit Application. For Sign Permit fees, a reference to the appropriate Village Code appendix is given. • Definitions have been updated and illustrations are now the same as those found in our Sign Brochure. Chapter 14 — Zoning Code Staff is recommending several clean up amendments to eliminate contradictory provisions and changes in the development landscape (new uses, new building materials, etc.), or confusion expressed by residents, architects and staff related to code interpretation. The amendments are proposed based upon staff experience, research on existing codes in other communities, and are vetted with various departments which may be impacted by new regulations. There are a few policy decisions that should be made with regard to proposed SPECIAL MEETING - September 13, 2016 Page 5 of 449 regulation: • Unique Uses. An amendment is proposed to the Use Table (Article VI) which would create a new use category: "Unique Use", defined as a use not listed as a permitted use, special use or conditional use within any zoning district. A business classified as a Unique Use would require Conditional Use approval for business and industrial districts only. • Vision Clearance. This new language would regulate landscaping on private property. The language is designed to restrict plantings to a maximum height of 3 feet in areas where a public sidewalks and streets meet, as well as private driveways in the area where the driveway crosses the right-of-way. This regulation is consistent with our restrictions on fences; fences taller than 3 feet in height are not permitted in a 10'x 10' "triangle" adjacent to a driveway where it meet the property line. • Driveways/Parking Pads. Current driveway regulations are difficult for residents and contractors to understand as written, and they do not completely address the variety of driveway types in use today (example: side load garages). The revised text maintains many of the current regulations, but does introduce the concept of a parking pad and provides regulations pertaining to side load garages. • Lighting Standards. Current code has lighting in two sections: one section devoted to overall site lighting, and one section for parking lots only. There were contradictions between the two sections related to illumination levels. The amendments proposed eliminate the contradictions and combine lighting in one section, resulting in a code that is easier to reference and will allow for clearer interpretation and enforcement of the regulations. • Landscaping. Current code has several different "areas" which result in different landscape requirements on a single lot. There were conflicts within this chapter related to the number and type of trees, shrubs, etc. to be installed, and a plant list was not included. Revisions proposed result in no less landscaping than what is provided today, but organizes the regulations so they are more easily applied on a lot. A plant list, vetted by the Village Forester, is now being provided. • Permitted Obstructions. Current text is arranged in a cumbersome text format, making it difficult to find a particular regulation. Amendments include a permitted obstruction table, resulting in an easier reference. Additional permitted obstructions were added to the table based upon current development requests, including arbors, trellises, sport courts, and "decorative outdoor structures" such as decorative lightposts or other small landscape features, that are currently not regulated in the code. • Definition of Height. Although this amendment is in Chapter 21, the use of this definition is carried throughout the Zoning Code. Current definition takes a measurement from base grade to the midpoint of a pitched roof. An amendment is proposed that corrects the form of grade which should be used, and also takes the measurement to the peak of a roof — which is easier for SPECIAL MEETING - September 13, 2016 Page 6 of 449 architects and residents to demonstrate on plans. Changes to the overall height of a structure would be modified for this new definition to ensure that no change to the overall height of structures is proposed, just its method of calculation. Recommendation: The zoning amendments are presented at this joint meeting for informational purposes. No village board action is necessary at this time. The proposed amendments will require a public hearing with the Planning and Zoning Commission and final approval by the Village Board; meeting dates to be determined. SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: DEVELOPMENT: Balancing preservation, revitalization, growth, GOVERNANCE: Financial sound, providing exceptional service ATTACHMENTS: Description Type Upload File Name Date Text Amendments Cover 9/7/2016 Text Amendments—REDLINE—VERSION—COW-9-7- D redline Memo 16.pdf version Text a Amendments Cover 9/7/2016 Text Amendments FINAL CLEAN VERSION COW 9- Final Memo 7-16.pdf SPECIAL MEETING - September 13, 2016 Page 7 of 449 Article I G E N E RAL Comment []SS]: Use Article I for general purpose and scope of this sign code. 7.101: PURPOSE: 7.102: SCO 7.101: PURPOSE: T11 The regulations of this Chapter are intended to coordinate the use, placement, physical dimensions, and design of all signs within the Village. The purpose of these regulations is to promote the public health, safety and welfare, and develop a satisfactory visual appearance with the Village by: A. Promoting the objectives, principles and standards identified in the Comprehensive Plan for commercial and industrial development; and B. Protecting the public from damage or injury caused by signs which are poorly designed or maintained and from distractions or hazards to pedestrians or motorists caused by the indiscriminate placement or use of signs; and C. Maintaining property values by eliminating signs that are incompatible with the surrounding land uses; and D. Encouraging a viable economic environment through uniform control of signs; and E. Facilitating effective communication between the public and the environment through signs which are appropriate for the type of street on which they are located; and F. Encouraging quality sign design to promote a better visual environment; and G. Enhancing the physical appearance of the Village through a program which ensures the removal of inadequately maintained, illegal and nonconforming signs within a reasonable time period. (Ori 4519 1 4(�� 1 20 m' SCQFIE:mm it' IU 1111E; i[-c;apalla fioin�s of fllhJs a,Iha:][Dt&1-MIa:llll1JOV ;lrin and coin�tir( II 11111c. &[-Eccfioin�, a:Ilfl&[-Ei oin,, rQllocQfioin, iram4o1nJQ1nQinGQ, irQiramuQVQa:l and u��w ua ini a�� 0:1111 ua�in �au�llluin �Ill�w �ulllla:a�a. ��° it � a1��; SPECIAL MEETING - September 13, 2016 Page 8 of 449 Article 11 "t 7.201; SCOPE - 7.201: PROHIBITED SIGNS 7.2026: EXEMPT SIGNS: Comment []S2]: Article 11 covers all signs that do not require a permit z -(Comment []S3]: Moved to Article I ­4SCORF i-L� 4-:44644aw-) MIM the village to constitute a traffic hazard by reason of size, location, design or type of illumination.. B. Public Right Of Way: Any .sign ..which ..is. located in or which extends ..over .the ..public right of way except as otherwise permitted under these regulations or authorized by the village board. C. Easementeasement without prior consent from the director of community development. D. Motion: Any sign or assumes a nonstationary position by mechanical means except as permitted under these regulations or authorized village board, or under normal wind currents except as regulated herein. E2�mlejeather signs 11 1 wgwmm permitted under these regulations or authorized by the village board. MIMIMM G Light Poles Signs on light poles. on exterior building surfaces. Comment []S4]: Introductory statement regarding this chapter being a "positive document".- Has been removed. ThisSection was moved from (existing)Article III I SPECIAL MEETING - September 13, 2016 Page 9 of 449 r rr r r r r ridgeline or parapet of r building are prohibited. I. Pennants And Streamers: Pennants, streamers, tethered balloons, or stringed fringe are prohibited. inflatable K. Signs On Parked Vehicles: Non -permanent signs placed on or affixed to vehicles and/or trailers which are parked on a public right of way, public property, or private property so as to be visible from a public right of way and used to attract attention to a business or activity located on the same or nearby property. 7.202-6: EXEMPT SIGNS:° II The following types of signs are exempted from the general provisions of this chapter and all permit requirements therein. All other signs shall be allowed only with permit and upon proof of compliance with Mount Prospect sign ordinance. A. Traffic Control: Signs for the control of traffic or other regulatory purposes including signs for the control of parking on private property, and official messages erected by, or on the authority of, a public officer in the performance of his duty. Bim. Public Information= Non -Commercial, Permanent: Signs required or specifically authorized by law or necessitated by public health or safety, in all zoning districts reqHired by law ^r ReGeSSit„ provided the sign does not exceed two (2) square feet in area or as approved by the director.) Examples: addresses, restroom identification, historical desLgnation rrrarkers on a building commercial in nature taking place on the property, provided: Residential a. The sign does not exceed ten (10) sguare feet in ar b. The sign does not exceed six feet (6') in height c. No more than one sign per property I Comment []SS]: Added the option of approval by the director in cases like 1660 Wall, where the address would be larger than 2 sq ft. Comment []S6]: Intended to address sale/lease, contractor signs, garage sale signs These signs will always be tied to an event. SPECIAL MEETING - September 13, 2016 Page 10 of 449 d. The sign shall be removed within 3 days after the sign no longer rneets its intended purpose. PAMMWAIMM a. The sign does not exceed sixteen .(1 6) square feet in area b. The sign does not exceed six feet (6') in height from the finished floor elevation of apy.relevant .space. c. No more than one sign per street frontage d. The sign shall be located on private property and not attached to any parking light pole or tree e. Multi -tenant properties shall attach the sign to the wall of their establishment f. The sign shall be removed within 3 days after the sign no longer meets its intended purpose, but in any event shall be up no longer than one year. Examples: for sale/lease, Special/ sales,_Jlkeers.�transaction related siqnsl a. Total area of all such signs on a lot does not exceed sixteen (16) square feet b. Are allowed fora ..period .not to exceed 90 days c. Signs are rem ved within three (3) days after the conclusion of a special 2y2DL.except as otherwise required by state or federal law d. Signs that do not meet the temporal requirements of this subsection shall require a permit. 2. Other Properties: a. The t; does tiot exceed sixteet; (16) SOUare feet ivi, area b. The sign does not exceed six feet (6') in height from the finished elevation of any relevant space c. No more than one sign per street frontage d. The sign must be located on private property and not attached to any parking light Dole or tree e. Multi -tenant properties shall attach the sign to the wall of their establishment f. The sign shall be removed within 3 days after the sign no longer meets its iDj2ndecl2urpose but a�nevent shall beLLD2 longer than 90 days. �bq .........._ Exam] les: park district, school or church events, po66t6ca6slans, iDroud union horse, holiday decorations Comment []S7]: To eliminate feather signs Comment []S8]: Covers holiday decorations, political signs, union signs, church or school event signs, banners etc- Special event signs are distinguished based on time rather than content. Outdoor lights (ie holiday lights) should be addressed in the Zoning Code under temporary lighting, instead of in the sign code SPECIAL MEETING - September 13, 2016 Page 11 of 449 I Tk- ci-n 49eG net avneerd term ®101 square fent 'n area. e—a-ri-oryri .rri xa�c�-c �e �-acgararrc-rar�-c=rri ra-rara- -2L. The sigh does net e)(Geed six feet 4) in height fF9PH the finished f!99F�� Gf_� relevant Re' 3. We more 9Re 66IG4-&j�s displayed Per Street #9FItage per let. 4. The sigh is FePH934ed Within seven (7) days of the real estate G!96;Rg er lease Comment []S9]: Would include both E. �Flags:l commercial and non-commercial flags_ 1. Single Family Residential Properties t44&: A maximum of one flagpole, which shall not exceed twenty five feet (25) in height, shall be permitted per zoning lot. No more than two (2) flags shall be displayed on a single-family property at one time, and each flag shall not exceed a maximum size of three feet by five feet (3' x 5'). 2. Other Properties l®r ra&dart:a ��: A maximum of three (3) flagpoles, with no more than two (2) flags on -a pole, shall be permitted per zoning lot. The maximum height permitted for the flagpole shall not exceed the district's height limitations for principal structures. For flags flown from a flagpole, such flagpole shall be a minimum of four (4) times the length of the flag. 3. General Requirements: In addition to the limitations outlined above, the following restrictions shall apply to flags and flagpoles within all zoning districts: a. Flagpoles shall maintain a minimum setback of five feet (5) from any property line and are not permitted within a required interior side yard. b. Flags shall not exceed fifty (50) square feet in area. c. Flags shall be displayed in such a manner that no portion of the flag shall project over any property line or contact any structure when fully extended. d. Flags shall not be mounted on roofs. e. Display of flags of the United States shall conform to all applicable federal statutes regarding the use and display of the United States flag. f. Flags shall be displayed only on flagpoles or staffs designed and constructed specifically and exclusively for flag display. SPECIAL MEETING - September 13, 2016 Page 12 of 449 No flag shall be displayed or attached in any manner to light poles, sign poles, trees, or similar structures or objects. These restrictions shall not apply to flags located within public rights of way. h. Wall mounted flags shall be displayed from flagpoles not to exceed ten feet (10') in length, and such poles shall not extend above the roofline. i. Flags shall be maintained in an orderly fashion and in good condition. Tattered or torn flags shall be removed or replaced. Comment []SIO]: Included under non - 1. The tetal area of all 66IGh signs on a let does net e)(Geed SiXteerl 1161 square feet; commercial temporary apA Comment []SSS]: Included under non - for l commercial temporary J Comment []S12]: Addressed in B as approved by the diFeGt9F. Fi. Non -Commercial Notice Boards: Sign affixed to a building and intended for / Comment []S13]:Anexample isatVillage pedestrians in which the information is not changeable and presented without the Hall entrance. use of flashing, scintillating, chasing lights or otherwise moveable means.. beards fGF PUbkG 9F Fekgi9616 ;R6tit6lti9R6 er ether uses as approved by4h4­d#eGt4q-r arl d primaFily interl de d fel: pe destrianc Comment []S14]: Added reference to Q . Windows: �i nS on/In windows h®n PeFI`F,itted Wirl d9W SigRC; provided the total j electronic message centers section area of permanent and temporary window signs occupies no more than fifth percent (54.0%) of the total window surface area. tWeRt„ PeFGGnt (201%) of th® Changeable Co /Electronic (�eSSage %enter SIgnS must also Comply with Section %.3a2 H. Comment []S15]: Included with commercial temporary Comment []S16]: Garagesale signs would be covered by Commercial Temporary Signs on Single Family Residential Properties. The process of tracking garage sales is under review. Sign guidelines may change based on the process. SPECIAL MEETING - September 13, 2016 Page 13 of 449 dered wall or freestanding signs, need a -W. Religieus Sy ligi9616 SYM19916 19Gated9rla build"g 1-1 - -sed for ergaR4494 permit and a Variation request for anything larger than allowed- Feligieus HQ. Doors: Signs affixed to door glass which identify the name alridler-address contact information or hours of an establishment. ID G -4—t-- "ORS fGF G9121traGters, develepers, aFGh;teGts, etG., Ret Included with commercial 8)(Geed ten 1101 square feet. SigR6 shall be Fem9Ved Within thirty temporary signs Q. IB616 Shelter SigRG; Sigrl Comment [JS19]: Removed, since the Village does not handle bus shelter signs the tetal Sigrl area e)(Geed SIX (6) square feet. We rRere tharl -R- -;-R -h-" be permitted alGRg eaGh fFGRt, Fear er side preperty !iRe. (Ord. 4519, 1 19 1993; arRd. ME abuts the portion of the sidewalk where the sign is placed. eirim�tted in ad(Ttk��irl the SPECIAL MEETING - September 13, 2016 Page 14 of 449 B-5 (central commercial) or B -5C (core central commercial) zoning districts. I ............. ''I'l""I'll''"I'll'll"''I'll'"'I'll",'ll""I'lI SWAM sam; ca I hieskiewa�ks�j g2destijaini cg vehidcdair tiraffic c�ir Wthi access tc� pairked vehidcbs, sh14l inicA reduce the in wkithil aind sh14l cc�in#y Wthi a�l ��AC access�Ue ircwte irestirk%c�inis db I he skiewa�k s�gini sh14l �be p�aced inic� irnc�ire thain c�inie kx�A (1') firc�irn the wa�l yindess the (Tirectcg cj r vv[ft�iniu gogtheir cgadc�ini due tc� cAhieir cbstirucdc�inis in the ijg��]j ��j way::. eG I he skjewa�k s�90 5bafl ogl �be attachied c�ir aff)(ed tc� the skiewa�k,. Rg[kyygy pq�g§, t[eg§ ��?ir ainy c�![�iei[ pyNk, �a(,���bes E3�,ichi s�g[�§ §�h4l adheire, tc) a�l vision cle �r� as set k�gthi in secdc�irli 302 G.7.841 6& Hhvrn�iniadc�ini And E)ovkos�� S'kigwa sic inis sh14l inicA �be �Huirn�iniated 'Jc� atteinibc�ini getting devkes, suchi as ba�Hcx��inis, irnay �be attachied tc� a, 77 Materials A&&thiet�Gs And Ma�initeiniaini(,&� Skiewa�k zlirlinis sh14l god p�[���fessk��ini4ly cc�inistiructed cj duirdbb irnateija�s §(JewWh s�ginis sh14l �be. U�g�inita�inied as p�[�)vkjed in secdc�ini 7 402505 c�f thids chiap!g[ SPECIAL MEETING - September 13, 2016 Page 15 of 449 J._fVlu_n_cpal Signs: any signs on Village owned property, or in the public right of way r Village sponsored and/or related events. Article III �GENERAL SIGN GUIDELINES - F All I'� .......... 1 Comment []S23]: Article III becomes all signs Signs Reguiring Perm itpP.OwSlOS �Lj that require a permit I 4 EX0 ",gue 1"e:;44q",PhXP,,PWe;re UMOA-W" V14 W41 06= Comment []S24]: Moved to Article 11 with Exempt 1116 GhapteF shall be seRsideFed te be a PGG;t;Ve dGGHMeRt, WheFe;R sighs RGt SpeGif"Gally pei:Fnitted shall be pFehibited. HeweveF, the 1-44ew; ;R Comment []S25]: This statement removed SPECIAL MEETING - September 13, 2016 Page 16 of 449 .. . ..................... The Obvino signs shall be gerrItted in the village, subject to all applicable standards: All lCommercial I, �l Comment PS2Q: This section would now temporary activity commercial in nature taking place on the property, provided: include banners larger than 16 sq ft j,jacWed an other than Single I . I Fami ly residential properties Rw&rie&s, IF44fl4G Gr kll&tlWt4)RM SVR& AMPWay W W 9. N o n ms to n §�t[,ggt pg[� propeny Oot) Hne AM not emwed My twcn (32) square WHn ama or SPECIAL MEETING - September 13, 2016 Page 17 of 449 reskieiniball Ipirapeirty (kA) Iluinie sh14l nicA exceed fifty (50) sq.uaire feet ulrn area frcnirn firdshiedaEd�& all freestaini(Ting suginis Withi the excejpdc�irl that teirnpcnirairy fireestaini(Ting siginis e lei rnp I I teems cnf j i b dewelk)pe�rEy", arGhil4N#&' airid/er i f. Sign shall be removed within 3 days gfter the sign no longer meets its intended purpose, but in no event shall be up longer than one year. Examples: for sale/lease, special sales, identificationofaprospective business, identification of a construction project 4'4.aserpirlit A : J Ghiapkr),, ir ;hidk BB,,�.fllqqirl oir Ssearc sh14l Ike peirirnitted ulrll Withi as teirnpcnirairy spec�all everit air girariid (:Ta'R*119 ab BalHcx:'ninisC;nlra:'nuulrllatBlra':'na':'nQ securedballcx��inis sh14l Ik e. pg[imutted p[pykied they dcn nicA excee(i k�niqy [get rqg> irn,vrn Itn6ogm hit aii F.Unallm bG Mcwrited sea irchi ughi ts irnay Ike (Tsplayed cnirl Irnrnyaate pircpeirty fcnir as rna)dirnuirn jpeidc(J cd,Jjsx:l1r ()(4)e :lint devkes sh14l �be turried cAf Ibetweern the Itnanuurs cA 6eveirl cn'(Jcdk (11 QQ) II::! IIS god sever. a:: �� laawaailk,W I si�:lb&eGtlqrii Inj (4 thijs sexeirii. - Comment i If inflatable signs are prohibited, balloons should not be used as signs. SPECIALMEETING - September 13, 2016 Page 18 of 449 The following signs shall be permitted in the village as aGGeG69r„ Gtr Gt FeG, subject to all applicable standards: A. Wall Signs: 1. Number: There shall not be more than one wall sign for each principal tenant or use contained within a building except: a. Where a tenant or use abuts two (2) or more streets, additional wall signs, one oriented to each abutting street, shall be permitted. b. One wall sign may be permitted on walls not facing a street, provided the wall is at least fifty feet (50') from the nearest residential property line. c. One wall sign may be permitted on walls not facing a street provided the wall is adjacent to nonresidential property and is visible from the street. The sign may not encroach upon adjacent nonresidential property except as provided in subsection A5 of this section. d. The director may authorize additional wall signs for distinct uses within an establishment, provided there is a separate entrance from the exterior of the building. e. Wall signs may be permitted which identify the rear entrance of an establishment provided such sign does not exceed ten (10) square feet. f. Where a multi -tenant office -industrial building greater than two (2) stories in height seeks to install a wall sign(s) identifying a primary tenant, only one such tenant may display their identification on the building. g. Sign copy for a single tenant or business wall sign shall contain no more than ten (10) items of information. If the name of the tenant is longer than ten (10) words, then additional items of information are permitted to display the entire name of the tenant. Area: The gross surface area of a wall sign shall not exceed ten percent (10%) of the area of a building wall, including doors and windows, to which the sign is to be affixed or one hundred fifty (150) square feet, whichever is smaller. The gross surface area of a wall sign may be increased to twenty percent (20%) if the sign consists of only individual, outlined alphabetic, numeric, and/or symbolic characters without background besides the building surface to which the sign is affixed, provided the increase in size does not exceed one hundred fifty (150) square feet in area. SPECIAL MEETING - September 13, 2016 Page 19 of 449 |fthe building isset back two hundred fifty feet (250')from the public right of way, the director ofcommunity development orhis authorized representative may authorize the wall sign toexceed one hundred fifty (15O)square feet, but measure nomore than three hundred (3OO)square feet subject tocompliance with the percentage requirements discussed above. 3. Projections: Nowall sign shall project from the building wall more than twelve e4htee-R inches (129") Pon N 04 mpg WOMMMMIM 5�. Encroachment: In instances where an exterior wall sign encroaches less than one foot (1') -upon an abutting property, a sign permit may be permitted provided theabutdngpnopehyowner--haagnantedwhUanpenniaaionforthe encroachment. 1. Shopping/Businesscenters shall submit a writte n..sig n..c rite d aJ d entifyi n a sign jy�lor �and _desi n to be used within the center to uDLfy wall siqnaqe. U on approval by the director, this criteria hall be used in addition to th.��uid�elines to evalu enter. 2. In Shoppi ng/Busi ness. centers where a written sign criteria has not been establis een utilized for existing wall signs, then.the..sign..criteria..for.any.future wall signs roposedJor that shop2jng..genter shall be established by the maximum percentage of signs currentl installed on the site. Q. Logograp s: In addition to other signs ermitted under these regulations, wall mounted logographs shall be permitted provided: SPECIAL MEETING - September 13, 2016 Page 20 of 449 2. Such logograph shall not exceed twenty five (25) square feet in area. 3. The area of any logograph, when located on the same building elevation as a wall sign, will be included in the maximum D. MaRsard--S�. ................. 1. Number: There shall R9t be rRere than 9Re mansard sigh f9F eaGh pRRGipal teRaRt 9F Use G16iRtairled PF9Vided Re wall sigh is &849d -t -G the same Street #9Rtage. Ne... , , , i a _a. - _z, i I ... all be 19Gated 9R a deG9rative maRsaFd ah..4 Comment []S28]: Incorporated with wall sign shall be single faGGd and be PR91olrlt—d section visible angle .111 AA k G9RGealed. We mansard sig tend abeve the highest P9iRt 9f the rRaRsard GtF6IGt61Fe. ................. 3. Area: The gress supfaGe area ef a mansard PeFGGRt 00) ef the area ef a bu;W�Rg wall, iRG161diRg d9GrSiews, and 9F9Re h6lRdFed fifly "I" square f&et-,WRiGhe34eFiG smaller. The gress surfaGe area ef a m a R ard ;RG_Fe_--_9d49 twenty PeFGeRt if the sigh G9R6i6t6 Gf 9Rly AA -I 961fliRed alphabeti--, -Y besides the b6lildiRg surfaGe t9 WhiGh the Sign is affixed,-pFevided the ii;Gre� in GiZe does R9t e)(Geed 9Re h6lRdFed fiffy 11 In' square feetiR area-. 12 -,Awning and QapppA-,ARd Marquee Sighs: GaR9py, awning, and Marquee a&igns shall be permitted subject to the following: 1. An Awning provided no wall signs are directed to the same street frontage. The area of such sign exceed fifty percent (50%)..of.the . exterior surface area of the awning, or face of the canopy, up a_mmaximum of one hundred fifty 50 square feet, whichever is less. 24-. An Awning or anopy asigbe used in addition to aQ4G4Rted-e.R the faGe E)f the GaRE)PY PFE)PeF, ffeYisled Re Wall ;--- ­ A;­�- _.te the same street #9rltage. a.The area -1 si sig- -k-11 --f ---4 f;fk, PeFGeRt "50041 ef the gress --- area Gf the faGe Gf the GaRGPY t9 WhiGh the sigh ; 11 IS tG be aA)(e , F a PRaXiPH6IFH Gf 9Re h6lRdPed filly 50) Gq6IaFe feet, WhiGheVeF is less. QaRGp'Y' -IAI-;-- -4 e)(Geedirig aR aggregate 66IFfaGe are- -f 1A 1-1 SPECIAL MEETING - September 13, 2016 Page 21 of 449 feet, whichever is less. 321.Under—Canopy Signs: Anadditional canopy sign may be mounted on the underside of a canopy, perpendicular to the building wall, provided no more than one such sign iainstalled per establishment. The area ofsuch canopy sign shall not exceed four (4) square feet. 44. Projection: Nocanopy sign shall project more than inches (129") from the canopy proper. 54. Clearance: A clearance of eight feet (8') shall be maintained from finished grade to the lowest point on the sign. sairne by�kIiriig except as provided in subsection 6a of this sectioi SPECIAL MEETING - September 13, 2016 Page 22 of 449 feet (4') 7-21 -2009, establishment. A projecting sign and a wall sign may be placed on the .same.wall..provided that the projecting sign complies with 1-5 above and the size of the �Lv �Ilsi n �does not exceed twenty five percent (25%) of he maximum siz2_p2EMA12�!_L this code. over the public right of way four feet (4') oE to within two feet (2') of th curb line, whichever is less. I F. Directory Signs: DirectoE/ signs which idenffi/ only th names and locations of occupants r uses within g b ildin or on a lot shall b���addition to other signs permitted under these..regulations, 1. No more than one directory sian r)er lot. 2. No directoEy sign shall exceed twenty (20) sguare et in area or e height.from finished grade. 3. No directo[y sign shall be located close r.t ha n. fifty.feet (50') to any property line. G4 Freestanding Signs: 1. Number a. Nomore than one freestanding sign per street frontage per lot shall be permitted with the following exception: Freestanding identification signs in lieu ofwall signs shall bepermitted inamulti-tenant office orindustrial building provided that each tenant has aseparate atgrade entrance. The sign shall belocated atthe entrance tothe tenant's space. Nosign shall exceed ten (1O)square feet orsix feet (G')inheight from finished grade. b. Sign copy for single tenant freestanding sign shall contain no more than ten (1O)items ofinformation. For changeable copy signage refer tosubsection 7.}D2-H2-1-Dofthis article. SPECIAL MEETING - September 13, 2016 Page 23 of 449 c. Sign copy for a multi -tenant freestanding sign may contain the names of no more than six (6) tenants on a sign face for a retail or service business center. A maximum of eighteen (18) items of information is permitted. Changeable cop /Electronic Message Center signage shall not be combined with multi tenant signs. d. Freestanding signs on properties with multiple street frontages shall be oriented perpendicular to the street right of way. 2. Height: No freestanding sign shall exceed twelve feet (12') in height from finished grade. Berms shall not be considered finished grade. h6lRdFGd feet 11 ' 00"/ ef a FeSideRtial preperty, the maximum height pe.44#e4 shall Rot 4®n let 110" (See section 7.702.995 of this chapter for illustration.) 3. Area: No freestanding sign for a commercial use shall exceed the maximum area of seventy five (75) square feet per sign face. Freestanding Ci— f-, '11 -fk-, uses shall Rot e)(Geed --f fifl'y (5-n-) feet per --g- --e. r®rdi inard her 4Rran4r narnan4 ®7fi0%\ 4. Business Identification: No freestanding sign shall be closer than one hundred feet (50449') to another freestanding sign on the lot except as otherwise permitted in this article (temporary signs). 5. Setback: No freestanding signs shall be located closer than five feet (5) to a -R —property line. 6. Distance Measurement: The location of a freestanding sign shall be measured as the distance between the point of reference specified and the closest point on the sign. Pam SWAMSHI 8. Overhang: No freestanding sign may overhang any part of a structure, parking or loading space, driveway or maneuvering aisle. SPECIAL MEETING - September 13, 2016 Page 24 of 449 0.Landscaping: All freestanding signs must belocated inalandscaped area separated and protected from vehicular circulation and parking areas. A minimum oftwo (2)square feet oflandscaping will berequired for every one square foot of sign face required. When located in a parking area, perimeter curbing is required. Landscaping shall form an attractive.dense cluster at the base of Lhe ign that is e ually attractive in winter and summer. 1 1G. Gas Station: Changeable copy used in a gas station freestanding sign shall be 2. The changeable message format sh 11 conform to the following requirements: SPECIAL MEETING - September 13, 2016 Page 25 of 449 a. The message shall not consist of �flashing, scintillating, chasing or include animatgdictorial graphics. _p� b. The message shall not change rnore frequently than once every ten i10) seconds. 3. All electronic message center signs must be equipped with a default mechanism that will stop the rnessaging or freeze the irnage in one position when a malfunction in electronic prograrnrning occurs, H .)�i , r F� ecbc�ini4l S: lialla: YYUch, (Tirect cg retch to the nn weir cj pede5j[nainis cg vehikjes uiritcQ cg au II Qn irncDire thain eirtiair(,e, aind such. Slal§ gl�g 4SOgyg� Wthiir dli the initeijcg cA the a IIIA as pp�[�wed Iby the, h6ght fircnirn flindshied grade R�Dir fireestaini(Tinio sof ns cnir H fteein feet (15') uirn, iru(�nire ttiairii teirt ainy businiess, pirc�(Juct c�ir seirvke, JG IIMei nu IBcoirQ Ore irneinu Ibcord R�nir an drove urn restaurant cg raga nuraaru s[14ll Ibe pgy[jtted uirn ad(jdcini tQ c&hiel auuI5 penlutted under these. [gg:fladc�inis, p[(wkied suchi sgini dcnes inicA exceed thidirty !yyQ) (4q� R) §gug[e feet urn area cnir. 6 ccninita�inied tcn the drive thircwohi Ilauirne cnirfly, SPECIAL MEETING - September 13, 2016 Page 26 of 449 a So,in,a g uauir,du y (9118fl:llllEd and uuEdaua;lYiQd) ;iuubuuuVosuuuini s'ii„0135 5II141 bQ au umuauxuirumuuuirumu ubQ �a IlBuuxuinQSS and irumuuull�u uauirumgVlly uaw uu�a.in�uaull ualin ullll I�a�w a:u irumuauxuirumuuuirumu uuu xaw�awin�: IJVEE (T5) aga!auuEw jbd uin aairQ8 afp[gyuu Ed, II7uu ra~W&1 that in any uugvEwlloj2lrumuQn . Wlhik,hi EXGE.Eds SEW&nty fuvvEw ff:) aaci[-Ews, ani aaddufuuuina uuinEsgu laupr Iuuuut O llll IbQ aulllluu rQd, to au uumuauxuuumuuuuumu of uuinEIhuuindll-Ed uiiuly (1 0) E°squa l[ -E, lbd uin 81[-Ewa3 as S•> iniillll IbQ a umuauxuirumuu llll Of Ed(llIhi IbEd (8') in I1116(llhi uirOli'lu EwSIBUluslliEA gi aadEE b IIBuuxuinESS sjjns slh14lll inuut E.xa.E�EA t ra~w VEV lbd (12") in I1116alit ulrOli'lu ESI:auUl shiiEA a irauuunw inuuir inuinaw u�.�.� Q1"„uuuuuumu uuin s[liQuu„a uauuunw, a. II..oca:ufioin as Solna111Ew uauirudu y suubuuuMo; bin and i uauir:uuolly IYEwSdEwlnIuaull sjjlns ;nlh14lll IbEa Iluua,autEA as irdnuuumuuuuumu of uii��, u�w�w� �:a"� uiru�irrimu auinylC iru�a �wirlly Iluinaw �a Il: uu ulna xx ua in sIh14lll IbQ Iluua;a tQd au i[rdnuuumuUQI uuu t a~.VQ lQQ (j [c):jm auiny pJrgpgdy lluinEJJJE7 uuus aain(.EuirQirrm 1I111Ew pirgapgdy IluinQ xlh14lll uinGll- .8SEa u qin uuuuut ff) uuuir E.E3dlli Mix and uuinE uuuuuujini (na ) §quuauuE, !�wEwt Of ,slam auira�wau uu��wir a�a�w�a�w�n��y uii��w ��°a� ;�uluuauua�w u�w�w�. SPECIAL MEETING - September 13, 2016 Page 27 of 449 7.3° TAB L LLJ Comment []S29]: Deleted this section. Not sure why we would ever allow a sign on unimproved lots other than a temp sale/lease sign. Comment []S30]: Eliminated "Special Signs" and just grouped these signs with wall or freestanding types SPECIAL MEETING - September 13, 2016 Page 28 of 449 wall Sigh Will h® inr161ded in the rnwirniim cirvn -a.rasa II�����,�m���������������r����������-���h•��'�-�-�����h���l�,:.^:�������v����1�����dl������������������ �I����-����,�:��-����������I�����v�;-��1��-��1���-��,��^��������� Comment []S31]: Changeable copy Signs and EMC now combined /Comment []S32]: Created a Section filt'�$livt-0%� tt�'wI t�`r " Nt��tiilw�tdldtI���m�t�Iv`r��t$;ik ������ specifically for Temporary Signs I���^����������li�il������1��-���1��....:........�al������1����������������dl���������-��;��-�����dl��•�������������-���������-�I��r����-���-���-������, :��dl�t���,.���1������-::�I��h����r�-���h������ra�l�����1��-��.......,:-���������•������"�������-�:����I����������������������������I��I��dl����� �dl����1:,: SPECIAL MEETING - September 13, 2016 Page 29 of 449 The Sigh area 9f Said SigRS Shall be Re gFeateF thaR the F`Ra)(;PH6IM S1119 faGE?d #eeStandinry Sio n - -- 4= �Comment []S33]: Moved to Exempt Section � SPECIAL MEETING - September 13, 2016 Page 30 of 449 ::il�i��il����sm,:-s-s",a�-s�-0����i��s�s�-���,��-��a���k�........:......ai�r�•��s;s��s��s�:•m�x��m�����k���i��-���aP���kk��s",s�:,,: .: ........::..s-�--a'��,.kk�skl�������-s�s����,-::��s.-���s�li��s�kk�kl��;•��r�s��,���k����-N��s",::�I���,�s�����ir�-�����k��s"�:kk�s�-�Ikasss���s��, .: ........:, �,--�i�-,��IIkH�,�:��s�-�-s�•alp-��,���s",s-�::��ir�-��akm��i� s�ai�-�-����;�:����s�•:�s�k����lldl��km�s� kks��s��m�k���=,�-��ir�al-ai�r�-�-N��s", ........:, �..�i�-,�s�klkH�-�^�s�-�sr�s�-�l���s",s-�•�ir�-kk���s~�.��s�,-��s�-���s;s��s�-��kl�����I� Jk-�s"��ks�ss��i���s",s;-��ir�al.,��r� �-N�s�-:�,��k� .. .. sm,���:,.��s;�di�,���.• sus - �s��idrs�s���s�� iii- ;,�� ����s� i�s�-�" ���� .. �... .M . ,. Ils����sdrs���k Comment []S34]: This section eliminated and signs from this section have been incorporated into Article III Sections. Comment []S35]: Electronic Message Center and Changeable Copy Boards have been combined SPECIAL MEETING - September 13, 2016 Page 31 of 449 ON e SPECIAL MEETING - September 13, 2016 Page 32 of 449 Comment []S36]: This section eliminated. Signs for large scale development should be handled as part of a PUD. SPECIAL MEETING - September 13, 2016 Page 33 of 449 SPECIAL MEETING - September 13, 2016 Page 34 of 449 SPEGA AnnK1TDn1 and the size ef the wall (25%) of the maximum PeFMitted by thio G9de SPECIAL MEETING - September 13, 2016 Page 35 of 449 r- a��.IL SPECIAL MEETING - September 13, 2016 Page 36 of 449 j 7 SPECIAL MEETING - September 13, 2016 Page 36 of 449 This F Jill' 9111 il.�' iil II J :'i : ' i.=, !f� I i �!�. NO Comment []S37]: Eliminated this Article and all "Sign Design' that is subjective and difficult to enforce. A few Sections have been moved and incorporated with in Article III as comments indicate. SPECIAL MEETING - September 13, 2016 Page 37 of 449 alums _:- SPECIAL MEETING - September 13, 2016 Page 38 of 449 SPECIAL MEETING - September 13, 2016 Page 39 of 449 1,1! II i ! 11'1111,11HII'lll'1 . 71510-W.1 111LIT I ai H:l J. j—k' I I'—�!11EA. :Il. i : -an be simple R R . R GGRReGted shapes arc-, WRaGGeptable.M; R RG GhG6IId have r r a R bePPMRSR R R.'. R rll f'h r.,,,, R Y J r R...E 9.RM gr-bj.1�6 theY.. R f n aF StGRe err R:.. IJ R R, R information. -. to9bGtP6IGt GF !;PR;t the sight di 6 Withirl aRy sight tpiaRgle as defirled ;R Freestanding Signs * TNS This SPECIAL MEETING - September 13, 2016 Page 40 of 449 R � t : M19 am SPECIAL MEETING - September 13, 2016 Page 41 of 449 i Not This This This Not This Comment []S39]: This same information is included under mansard signs SPECIAL MEETING - September 13, 2016 Page 42 of 449 V»,95pa Bea mw-cRwo #a m Y ! r ,* TOTAL : 6 l MS =sW77�A.Tlr: This - :R'IXURANI 06'11�1'1(� / Not This TOTAL. = 4 Ir5W + fir nra�"tca rP, +' / Comment []S40]: This information is included in Article III and in the definitions MAXIMUM OF TENT ITEMS 2' OR LARGER NO LIMIT TO THE NUMBER OF I'MMS OF INFORMATION SMALLER THAN 2" INCHES SPECIAL MEETING - September 13, 2016 Page 43 of 449 This � URj Not This SPECIAL MEETING - September 13, 2016 Page 44 of 449 J tiaiJ:ltil�Ll�Jl.t El. 1 V VJI t"� This Not This SPECIAL MEETING - September 13, 2016 Page 45 of 449 noun letters on metal raceway incompati:�le 'with natural WQQd 4inishes on facade Not This routed wood sign compatible with natural wood Finishes on facade __ This SPECIAL MEETING - September 13, 2016 Page 46 of 449 Not ThiS SPECIAL MEETING - September 13, 2016 Page 47 of 449 Not This This jR WiRter and surr;rRer. A FR;RiFAHFA Gf tWG I'll square feet ef landGGa-i-- W41 --be, required fGF eVeFy GRe square feet ef sig IaGe. The landGGape area shall-be--w-rbe4 L—/Comment []S41]: This information is included with the freestanding sign section SPECIAL MEETING - September 13, 2016 Page 48 of 449 :a:dscap 1q tco sparse and poar V!3JZ-- Ca5a fZY Not This 5errn and foundatizin plar.tires to relate to b lding treatment F' LD(MaK.ls This SPECIAL MEETING - September 13, 2016 Page 49 of 449 This Comment []S42]: This information is included under multi -tenant signs SPECIAL MEETING - September 13, 2016 Page 50 of 449 for the center as a whole and shall be adequately separated from one another. This Not This Comment []S43]: This information moved to Wall Signs SPECIAL MEETING - September 13, 2016 Page 51 of 449 41 1 +hsi +G+sl sr®a Gf that inn fin®I / Comment []S44]: This information is included with Changeable Copy/EMC signs NV IL tie Thi: This -'v 9 Not This SPECIAL MEETING - September 13, 2016 Page 52 of 449 Article ILLUMINATION AND MAINTENANCE'"] u 7.4601: ILLUMINATION: 7.46026: MAINTENANCE: 7.4601: ILLUMINATION: 6 it El Any sign permitted under these regulations may be illuminated, provided such illumination complies with the following: A. Hours Of Operation: With the e ePti„n 9f e!eGtFGR;G message erten, all illuminated signs within one hundred feet (100') of any residential property (lot) line shall be turned off between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. unless the establishment is engaged in the operation of its business with employees on the premises during such period. B. Installation Or Application: Illumination shall be installed or applied such that: 1. The light source is contained within the sign and is visible only through a translucent surface or recessed into the sign structure; or 2. The light source is external to the sign and is directed to and concentrated on the sign; or 3. The light source is supplied by neon tubing. C. Glare: Illumination shall be prevented from striking or causing a glare on the street or nearby properties. D. Protection Of Light Source: Floodlights, gooseneck reflectors or other external sources of illumination shall be contained within a protective casing. E. Motion: Illumination shall be constant in intensity and color and shall not consist of flashing, animated, chasing or scintillating lights. Electronic message centers, as defined herein, shall not be considered "flashing" signs for the purposes of these regulations. F. Brightness Limitations: In no instance shall the lighting intensity of any sign, whether resulting from internal or external illumination, exceed seventy five (75) foot-candles when measured with a standard light meter perpendicular to the face of the sign SPECIAL MEETING - September 13, 2016 Page 53 of 449 from a distance equal to the narrowest dimension of the sign. (Ord. 4519, 144( -,� amd. Ord. 5750, 7 21 209911 I91MA19101 RATM Hm 0r-AnwIlm 1 E iWA to I M Eq I I E91 1 IWOU 1 L01 H M I 7.46026: MAINTENANCE: IT] [E] A. All sians authorized under this Code shall be DrODerlv maintained at all times. PrODer . . . . . . . . . . . . . . . . . . . . . . . B. The_Villge, through an authorized inspector, shall have the authority to inspect any sign authorized under this Code to determine whether it is properly maintained. An sign found not to be in good condition or working order as described in subsection A of the Section 7.42 shall be removed, repaired or replaced.T-he GWReF of aRy SigR regulated by this chapter Shall be reqHired te have properly pa,,.,-- -.,G-aR4 sHpperts of the said SigR When ReGessary, HRIeSS the same are galvaRized etheFw;se treated te Prevent FHSt eF deteFieFatieR. (Ord. 451 -0, 1 1 a 1001�\ SPECIAL MEETING - September 13, 2016 Page 54 of 449 SPECIAL MEETING - September 13, 2016 Page 55 of 449 SPECIAL MEETING - September 13, 2016 Page 56 of 449 Article V ADMINISTRATION AND ENFORCEMENTIi iEi 7.5601: PERMITS: 7-.6U; PERMIT FEES-- 7.615; EES•i615; STffN�i/f .625; 1N3PEGT4QW- 7.502635: NONCONFORMING SIGNS: 7.503640: ILLEGAL SIGN (BOTH TEMPORARY AND PERMANENT): 7.5601: PERMITS:° II A. Unless otherwise exempted under this chapter, no sign shall be erected, altered or relocated without a permit for such sign, issued by the village with the approval of the director as required by this chapter. B. No sign permit shall be required for repainting, cleaning and other normal maintenance or repair of a sign structure for which a permit has been previously issued. C. Prior to the filing of an application for a sign permit the staff is available to meet with business owner, property owner, and/or sign company to review any concepts. . 4519, 1 19 449-34 U. Seethe Sign Permit Application for submission requirements. E. See Appendix A, Division II of the Village Code far sign permit fees A LE 1. empleted AppliGatiGR(G): GRe separate, eFigiRally GigRed GigR permit application fer eaGh GigR reqHested. feraRY est ' n . G(DMpaRy that the sig- --A -11 SPECIAL MEETING - September 13, 2016 Page 57 of 449 SPECIAL MEETING - September 13, 2016 Page 58 of 449 SPECIAL MEETING - September 13, 2016 Page 59 of 449 ��-�s�-Jl�siiss�s���Pfsss�ii��-iis�-����s��is-s",s-�, ���s�-����s",��f��l�a„-sm������s���s���r��i�r���..����-��s;�s�-��E��s� ��s��• A�. All signs feFwh'Gh a peFrnit has been issued shall beaF a label Comment []S47]: Signs are no longer labeled IJP .:��--6�s ��s= W�� � �d����,s��-=�+r�- @ �s�;s�-��s��.���-�� -�w� ��--�--��� - �d:� �=�6 •�=��s��= ��s� s� =s=��= Comment []S48]: This information moved to Maintenance Section Comment []S49]: This Section deleted and l will 1 e SPECIAL MEETING - September 13, 2016 Page 60 of 449 ef fill Kee I lieR. , rd 4519, '1 _ 19 449-34 7.50263-6: NONCONFORMING SIGNS:Q!]1 lU (12" but Ret mere thaR eighteen feet (19') iR height, may be GeRt;RHed er maiRta4P_-4 1^;eGt to the felleVARgy A- -The owner or beneficial user of any leal nonconforming sign shall maintain such sign in good --condition and repair, provided that said sign shall not be changed or altered in any manner, other than a replacing_a face panel ' ; shall not be changed to another nonconformity; shall not be expanded; shall not be structurally altered to prolong its useful life; or shall not be moved in whole or part to any other location where it would remain nonconforming. o ) ef ;+G Present Value Shall be teFMiRated immediately. these graRted variaRGeG eF GpeGial uses after jaRuaFy 1, 1001 In -4 Ar,10 1 10 7.503640: ILLEGAL SIGN (BOTH TEMPORARY AND PERMANENT):'! LEI A sign installed without a permit and/or in conflict with the provisions of this chapter is a violation of the sign code and subject to penalty fees per day of violation as set forth in SPECIAL MEETING - September 13, 2016 Page 61 of 449 appendix A, division III of this code. Any permit fees associated with an illegal sign shall be paid at twice the normal fee requirements. (Ord" 4519, 1 19 1993; amd Ord 5199 4_ q J(1f1'i 1 Article VI APPEALS; VARIATIONS AND TEXT i 7.6-701: SCOPE OF APPEALS, VARIATIONS "4%PSGtA -'c AND TEXT AMENDMENT: SPECIAL MEETING - September 13, 2016 Page 62 of 449 7.602746: NOTICE REQUIREMENT: 7.603-740: PROCESSING, NOTICE AND HEARING: 7.60474-6: ACTION ON APPEAL, VARIATION OR SPECIAL USE: 7.720; STAN A � (1 � f°1ff! Ifs • 7.6057-2-6: STANDARDS FOR VARIATIONS: 7.6067-W: STANDARDS FOR TEXT AMENDMENTS: 7.6-701: SCOPE OF APPEALS, VARIATIONS ""' C'"' " AND TEXT AMENDMENT:'! CJ An appeal from a staff decision made in interpreting, applying and/or enforcing the regulations contained in this chapter may be taken to the planning and zoning commission. A variation may be requested from the height, area, and minimum distance requirements contained in this chapter. ° special use may be requested to allow far � The planning and zoning commission shall hear text amendment requests and make a recommendation to the village board for final action. 'Ord. 5759, 7 21 299911 7.6027": NOTICE REQUIREMENT:] J A. An applicant shall file notice of such appeal, variation, &peG+a' ,re or text amendment forms provided by the director, who shall forward a copy without delay to the village clerk for processing and notice. B. The notice shall be published in the local newspaper not less than five (5) days prior to a public hearing before the planning and zoning commission. C. The notice of appeal, variation, &peG+a' ,r or text amendment shall contain the following information, as well as such additional information as may be prescribed by the planning and zoning commission. 1. A legal description of the subject property. 2. The commonly known location (address) of the subject property and property identification number (PIN). 3. A brief statement of the nature of the requested appeal or variation. 4. The name(s) and address(es) of the legal and/or beneficial owner(s) of the property for which such appeal, variation, -p-- �' c � and text amendment is SPECIAL MEETING - September 13, 2016 Page 63 of 449 requested and the written approval —from the ®property owner to apply for such request. 5. The name(s) and address(es) of the petitioner(s). 6. The name of the legal representative of the petitioner, if any. D. At the time of filing, the notice of appeal, variation, ^- �' c � or text amendment shall be accompanied by such plats and exhibits as may be reasonably necessary for a proper determination of the question presented for review. E. Fees as set forth in appendix A, division II of this code. (Ori 4519 1- 19 1993; .ter.,,+ 7.6037-44: PROCESSING, NOTICE AND HEARING:')' lEl A. Upon receipt by the village a copy of the notice of appeal, variation, rr ^4' & or text amendment that has been duly filed with the director, the village clerk shall assign the case and/or docket number to the petition and shall maintain a file for such petition, which file shall be open to the public for inspection during regular business hours. All documents pertinent to the case (application, evidence, exhibits, transcript or record of proceedings, etc.) shall be placed in said file by the village clerk. (Ord. 4519, 14-9-4-9434 7.60474-6: ACTION ON APPEAL ORT VARIATION QnL tI .' LEI A. The planning and zoning commission shall, within fifteen (15) days after the hearing, decide the appeal made from such order, requirement, decision or determination made by the village staff in the administration and enforcement of this chapter. The planning and zoning commission shall use the physical parameters and guidelines included in this chapter as the standards for their decision. B. The planning and zoning commission shall, within fifteen (15) days after the hearing, decide the variation or special us requested from the standards and/or general objectives contained in this chapter. The planning and zoning commission shall recommend action to the village board on text amendment requests within fifteen (15) days of the hearing. The planning and zoning commission shall use the physical parameters and guidelines 1&4� � included in this chapter as the standards for their decision or recommendation. C. No permit shall be issued during the pendency of an appeal, variation, &pe-G+� or text amendment before the planning and zoning commission, nor while litigation is SPECIAL MEETING - September 13, 2016 Page 64 of 449 pending in any court challenging the village's actions, nor while any appeal, variation, speG41 � or text amendment is pending from any court's action overriding or reversing the village's actions, nor during the time within which such appeal from a court's action can lawfully be taken. D. Nothing in this section shall be construed as abolishing any other regulation restricting the issuance of permits or the construction or alteration of buildings but is in addition thereto and declared to be an emergency measure and necessary for the immediate preservation of the public peace, health, safety and general welfare. . 4519 1.19 1993• amd QFd 57561 i 21 2 01 4 7.750; STANDARDS FOR QDC °A1 IIS -; ZLEJComment[]S50]:Special use permits eliminated c that• SPECIAL MEETING - September 13, 2016 Page 65 of 449 Ret be Used iR vielatieR 9f the GpeGifiG terms and the fi-di'gs --f fast H R -'H-- k . -1 _6 heaFiRgG er appeal therefor. (Ord. 4519, 1 19 1993; amd. Ord. 5750, 7 21 2999) 7.605724: STANDARDS FOR VARIATIONS lEl A. The planning and zoning commission shall not recommend or grant a variation unless it shall make findings of fact based upon evidence presented at the hearing in any given case that: 1. The sign in question cannot reasonably identify the establishment if permitted to be used only under the conditions allowed by the regulations of the sign ordinance. 2. The plight of the owner is due to unique circumstances and the proposed variation will not merely serve as a convenience to the petitioner, but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations of this chapter were carried out and which particular hardship or practical difficulty is not generally applicable to other comparable signs or properties. 3. The alleged hardship has not been created by any person presently having a proprietary interest in the subject sign (or property). 4. The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood. 5. The proposed variation will not impair visibility to the adjacent property, increase the danger of traffic problems or endanger the public safety. 6. The proposed variation will not alter the essential character of the neighborhood; and 7. The proposed variation is in harmony with the spirit and intent of this chapter. B. The planning and zoning commission may impose such conditions and restrictions upon the subject sign and property, the location, the construction, design and use of the sign benefited by such a variation as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values, and ensure traffic safety. 7.6067W: STANDARDS FOR TEXT AMENDMENTS: SPECIAL MEETING - September 13, 2016 Page 66 of 449 A. When a text amendment is proposed, the planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: 1. The degree to which the proposed amendment has general applicability within the village at large and not intended to benefit specific property. 2. The consistency of the proposed amendment with the objectives of this chapter and the intent of the applicable sign regulation. 3. The degree to which the proposed amendment would create nonconformity. 4. The degree to which the proposed amendment would make this chapter more permissive. 5. The consistency of the proposed amendment with other plans and ordinances regulating property development. 6. The degree to which the proposed amendment is consistent with village policy as established in previous rulings on petitions involving similar circumstances. SPECIAL MEETING - September 13, 2016 Page 67 of 449 Article VII DEFINITIONS AND ILLUSTRATIONS'" 7.7901: DEFINITIONS: 7.702 : ILLUSTRATIONS: 7.701944: DEFINITIONS: 7fl APPEARANCE: The outward aspect visible to the public. ARCHITECTURAL STYLE: The characteristic form and detail, as of buildings of a particular historic period. AWNING: A rooflike structure made of cloth which projects from a building for the purpose of shielding a doorway or window. BANNER: A temporary sign applied to or constructed of paper, plastic or fabric of any kind with or without frame, used to identify or attract attention to a location, object, institution, product, service or business. Flags of nations, states, political subdivisions, businesses or institutions shall not be considered banners for purposes of this chapter. CANOPY AAR4;��: A permanent hood, awning or rooflike construction which projects from a building wall for the purpose of providing shelter or protection from the weather. CANOPY AAR4;�� SIGN: Any sign that is fastened, affixed, or attached to and erected parallel to a canopy or marquee in such a manner that the canopy (marquee) becomes the supporting structure or forms the background surface of the sign, and which does not project more than eighteen inches (18") from the canopy (marquee). CHANGEABLE COPY SIGN: Any sign that is designed or used so that characters, letters or symbols can be manually changed or rearranged without altering the surface SPECIAL MEETING - September 13, 2016 Page 68 of 449 of the sign. CODE: The village code of Mount Prospect, Illinois. COMMERCIAL SIGN: A sign that directs attention to a business, or to a service or commodity for sale and/or profit. DEVELOPMENT IDENTIFICATION SIGN: A sign which identifies the name of a development consisting of at least five (5) business establishments or a single-family subdivision when the development comprises a minimum of thirty (30) acres. DIRECTOR: The director of community development of the village of Mount Prospect, and/or his duly authorized agent(s). DIRECTORY SIGN: A sign which identifies only the names and locations of occupants or uses within a building or on a lot. ELECTRONIC MESSAGE CENTER: Any sign which uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and may be modified by electronic processes. ESTABLISHMENT: A. Any institution, business or industrial activity that is the sole occupant of one or more buildings having frontage on at least one public street, or B. Any institution, business or industrial activity that occupies a portion of a building such that the activity is a separate and distinct business from the other activities within the building. FLAG: A construction of fabric, plastic or paper depicting through symbols, characters, design or letters, a nation, political subdivision, institution or business when hung, without frame, from a staff or pole. FREESTANDING SIGN: Any sign placed upon or supported by structural members placed in the ground independently of any other structure on the lot. GRADE: The elevation above mean sea level used for establishing the following: A. Base Or Established Grade: The average elevation of the established curb extending the width of the front of a lot or, where no curb is established, the average elevation of the crown of the street adjacent to the front of a lot. B. Finished Grade: The elevations or contours resulting from excavation or filling as approved by the village. SPECIAL MEETING - September 13, 2016 Page 69 of 449 ILLUMINATED SIGN: Any sign lighted by or exposed to artificial lighting whether by lights on or within the sign or directed toward the sign. ITEM OF INFORMATION: A word, an abbreviation, a single number, a series of numbers, a symbol or a geometric shape greater than two inches (2") in height contained in a sign. A sign which combines several different geometric shapes or shapes of unusual configuration, is assessed one item of information for each noncontiguous plane. Punctuation marks and hyphenations are exempt. LANDSCAPING: Plant materials, topography, and other natural physical elements combined in relation to one another and to manmade structures. LOGOGRAPH: A sign which consists of symbols, words, pictures, letters or other graphic elements arranged in a generally recognizable fashion used to represent a particular trade, corporation, profession or business; including, but not limited to, corporate emblems, trademarks, logos and barbers' poles. Any words or letters included in a logograph shall be incidental to the graphic elements. LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection or junction. LOT, INTERIOR: A lot other than a corner lot. LOT LINE: A recorded property boundary line of any single lot which divides one lot from another lot or from a right of way. LOT LINE, EXTERIOR: A lot line which divides a lot from a right of way. LOT LINE, FRONT: In the case of an interior lot abutting upon only one street, the line separating such lot from such street; in the case of a double frontage lot, each line separating such lot from a street shall be considered a front lot line; in the case of a corner lot, the shorter lot line separating such lot from a street shall be considered to be the front lot line. LOT LINE, INTERIOR: A lot line which divides one lot from another lot. LOT LINE, REAR: That lot line which is parallel to and most distant from the front lot line of the lot; provided, however, that in the case of an irregular, triangular or gore shaped lot, a line ten feet (10') in length, entirely within the lot, parallel to, and at the maximum possible distance from, the front lot line shall be considered to be the rear lot line. SPECIAL MEETING - September 13, 2016 Page 70 of 449 LOT LINE, SIDE: Any lot line other than a front or rear lot line. LOT OF RECORD: A designated parcel of land identifiable as a single separate tract which is part of a subdivision, the plat of which has been recorded or registered with the appropriate county office, or the deed to which has been recorded or registered with the appropriate county office pursuant to 765 Illinois Compiled Statutes 205/1.02 (plat act), and which is intended to be used, developed or built upon as a unit. LOT, THROUGH: Any interior lot which has a pair of lot lines along two (2) substantially parallel streets. MANSARD: A roof having a steep slope, attached to the face and main structure of the building, which may extend above the parapet line or roofline of the building. MANSARD SIGN: A sign that is mounted on a mansard of a building. NON-COMMERCIAL SIGN- a sign that does not direct attention to a business, or to a service or commodity for sale and/or profit ie.g. golitical, religious, ideological orgublic information signs). OUTDOOR ADVERTISING SIGN: Any Sig- Whi-h A ; —M PORTABLE SIGN: Any sign designed to be moved from place to place or not securely attached to the ground or to any structure. PROJECTING SIGN: Any sign mounted perpendicular to a wall that is fastened, affixed or attached directly to an outside wall of ap)� building as permitted in Section 7.302 .9F9Vided Under SPeGial area ROOF SIGN: A sign erected or maintained in whole or in part upon, against or directly above the roof or parapet line of a building. ROOFLINE: The top of the parapet of a building with a flat roof, the deck line of a building with a mansard roof, or the eaves line of a building with a gable, gambrel or hip roof. SHOPPING/BUSINESS CENTER: A grouping of retail and/or service uses with common access and parking. For purposes of the sign ordinance, shopping centers require a unified sign criteria approved by management or ownership. Criteria shall not be in conflict with village standards. SIDEWALK SIGN: Any sign placed on a sidewalk which contains a message on one or both sides. Sidewalk signs may not be permanently attached to the ground or structure. SPECIAL MEETING - September 13, 2016 Page 71 of 449 2 SIGN: Any surface, object, device, display, structure or fabric which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means; including, but not limited to, words, figures, designs, symbols, fixtures, colors, illumination, projected images, or forms shaped to resemble any human, animal, product or object. SIGN AREA: The area of a sign, measured as follows: A. Freestanding or projecting signs shall be measured as the sum of sign areas within a rectangle, circle or triangle which encompasses the extreme limits of each and every sign face, including all advertising and background surfaces; but excluding structural members not forming an integral part of the display or pole covers which contain no advertising copy for double faced signs. The area of all such faces shall be totaled and such resultant area shall be divided by two (2) to determine the total sign area. B. All other signs shall be measured as the sum of the area within a rectangle, circle or triangle which encompasses all letters, words, symbols, or other graphic elements, plus any background area which does not appear as a continuous portion of the building surface. SIGN FACE: The surface or surfaces used for the display of a sign message as seen from any one direction. SIGNABLE WALL AREA: The area within a rectangle which encompasses a continuous portion of a building facade, unbroken by windows, doors, or major architectural interruptions of the building surface. For signs located completely within a gable, signable wall area may be triangular in shape. are G9R6ideFed for GpeGial use if the uses are of aR HRusual if u 9 14 FIe d in cantinn 7.720 9f this nhapter. SPECIAL MEETING - September 13, 2016 Page 72 of 449 cigRS sidewalks, and rnicnallan®ni is 646 in4i arca TEMPORARY SIGN: Any sign intended for a limited period of display, the maximum length of which shall be one year. TEXT AMENDMENT: A change to a section or provision of the sign ordinance which requires final action by the village board of trustees following a recommendation and public hearing by the planning and zoning commission. UNIFIED BUSINESS CENTER: A business development containing four (4) or more indoor establishments developed under one ownership, with an integrated building and site arrangement and overall architectural concept. VARIATION: A change from the regulations established in this chapter. Variations are granted upon documentation of a hardship, if the "standards for variations" outlined in section 7.607-25 of this chapter apply. VILLAGE: The village of Mount Prospect, Illinois. WALL SIGN: Any sign that is fastened, affixed or attached to and erected parallel to an exterior building wall in such a manner that the wall becomes the supporting structure or forms the background surface of the sign, and which does not project more than eighteen inches (12") from the building. WINDOW: An opening in the wall of a building for admission of light containing transparent or translucent material such as glass. WINDOW SIGN: Any sign that is applied or attached to a window or is located within a building such that the sign is located to be viewed from the exterior of the building. WINDOW SURFACE AREA: The area of a building facade which is occupied by a window. (Ord. 4519, 1-49 1993; amd. Ord. 5750, 5 21-2009; Ord. 6111, 12 17 2010 SPECIAL MEETING - September 13, 2016 Page 73 of 449 7. : ILLUSTRATIONS: Zu LJ / Comment []S51]: Should be basic illustrations similarto the existing sign brochure SPECIAL MEETING - September 13, 2016 Page 74 of 449 SPECIAL MEETING - September 13, 2016 Page 75 of 449 rte. i• :.i. 4 a y 5I NGLT rAC, d 0 SIGNS WIT -h Df,G4RA7WV TKI" du ; DKOKEN [ PLANES AfZ-L:A = A x D 51GN5 WITH POL-a covt�RS .,. 1. 6 GROUNIIIP SPECIAL MEETING - September 13, 2016 Page 76 of 449 I I!Ll l; _ �0 k-- & -- <1 GUNNED" S�GNS� (51GNAREA: A K d) Jt _ (9GN A9VA, A+ga G) SPECIAL MEETING - September 13, 2016 Page 77 of 449 ILLUSTRA310H 4. SIGHA61E AREA il- - � Ju l � ,�, x Z4• y rr -V n- rEr,TU A.L. c ►�T�1RES `?ICsNA15L_r-_ WINVOW A KF-A. 4.0 5Q. f �OoR� 30Y. Or 51 G NADLX- WALL A1I.EA WALL SIGN 46 -50. FT, �G 2Dr or 51CauAEs..E Icu QUODW AREA $ SQ. rT, SPECIAL MEETING - September 13, 2016 Page 78 of 449 USIRATION 5—SIGNS WrIHIN GABLES 'a16 kDL.I= WALL, AREA �lIJs(f-A7Ep 51rl4AHLE t-lALt- AR A 5•t 54. FT. r� \ poor�� 5pS DF`aiGNAg>r� ��44 AR�Pt: 27 Sa. FT. C 5oK 5f1 `.31 GN SPECIAL MEETING - September 13, 2016 Page 79 of 449 r. 7ILLUSIWIQN A. SIGNS ON HAISLD BERMS - ��GN 3 1 t c�rA60rsN�p �� � SPECIAL MEETING - September 13, 2016 Page 80 of 449 Sign Types Building Wall Area B =' Bu flding' Height's Building Wall Area = ' SPECIAL MEETING - September 13, 2016 Page 81 of 449 ar'f live l Letters [I] Sign Area- Freestanding B SIGNS WITH I OIL.E COV,EI RS %rid �,�.;,i d Sign on Raised Berms Berm skied Grade Im SPECIAL MEETING - September 13, 2016 Page 82 of 449 Updated: September 2, 2016 Article III GENERAL PROVISIONS i 14.304: BULK REGULATIONS: A MW W1 OW -911 TOWERS AND DISHES: 14.306: STANDARDS „" , 14.308: ` AND FAMILY COMMUNITY PROVISIONS 14.309: TEMPORARY 14.310: STANDARDS FOR THE R-3 AND 4 . 5034,7-20-1999).: OUTDOORD STORAGE: e.PORCHES ENVIRONMENTALLY ,, 14.31& FENCES AND WALL& PERMITTED , 14.301: INTERPRETATION OF ZONING REQUIREMENT&IT] In their interpretation and application, the requirements and provisions of this chapter shall be considered to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience, prosperity and general welfare of residents of the village. This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive, or impose a higher standard or requirements than such easements or other private agreements, the requirements of this chapter shall govern. All buildings erected hereafter, all uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings after adoption of this chapter shall be subject to all regulations of this chapter and the applicable zoning district. Chapter 14, Article III General Provisions Comment [NBS]: A new section should be added as design guidelines don't "fit' in bulk requirements Comment [IT2]: Name change to reflect the actual defined term in the code_ SPECIAL MEETING - September 13, 2016 Page 83 of 449 Updated: September 2, 2016 Except for an "accessory use", as defined in this chapter, any use or potential use of land or a structure which is not specifically enumerated as a permitted use, conditional use or use in limited circumstances, within a particular district, shall be prohibited. This prohibition is subject to article IV of this chapter. (Ord. 4590, 9-21-1993) 14.302: SEPARABILITY:Q ! LEJ It is the intention of the board of trustees that the individual provisions of this chapter are separable in accordance with the following: A. If any court shall judge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in said judgment. B. If any court shall judge invalid any application of any provision of this chapter for a particular property, building, or use of land, such judgment shall not affect the application of such provision to any other property, building, or use of land not specifically included in said judgment. (Ord. 4590, 9-21-1993) 14.303: TRANSITIONAL STANDARDS OF THIS ZONING ORDINANCE:ZI Provisions governing the applicability of this chapter as it relates to the previous zoning ordinance are established as set forth below: A. Existing Permitted Uses: If a use which was classified as permitted prior to the effective date of this chapter is classified as a conditional use by this chapter, such use is hereby deeded a lawful conditional use for the purposes of this chapter. B. Existing Special Uses: 1. A special use approved prior to the effective date hereof shall be considered a legal conforming use if it is classified as a permitted use by this chapter. 2. A special use approved prior to the effective date hereof shall be considered a legal nonconforming use if it is not classified as a permitted or conditional use by this chapter. Such use shall be subject to the applicable nonconforming provisions of article IV of this chapter. Chapter 14, Article III General Provisions 2 SPECIAL MEETING - September 13, 2016 Page 84 of 449 Updated: September 2, 2016 3. If the approval of a special use was subject to any governing conditions, those conditions shall continue in full force and effect unless a new conditional use is obtained. C. Uses Rendered Nonconforming: When a building, structure or lot or parcel is used for a purpose which was a lawful use before the effective date hereof, but such use is no longer classified as a permitted use or conditional use in the zoning district in which it is located, such use is hereby considered a nonconforming use and shall be regulated by the provisions of article IV of this chapter. D. Buildings, Structures And Lots Rendered Nonconforming: When any building or structure which existed on the effective date hereof does not meet all standards set forth in this chapter, such building or structure is hereby considered nonconforming and shall be regulated by the provisions of article IV of this chapter. E. Previously Issued Building Permits: When a building permit for a building or structure has been lawfully issued prior to the effective date hereof, and if such building or structure and proposed use of the building do not meet the requirements of this chapter, such building or structure may be completed in accordance with the plans on the basis of which the building permit was issued. However, such construction must begin within six (6) months of the date of the permit issuance, and pursued diligently to completion. Upon completion, such building or structure may be issued a certificate of occupancy for the use originally intended, subject to the applicable nonconforming provisions of this chapter. (Ord. 4590, 9-21-1993) 14.304: BULK REGULATIONS:'T] Bulk regulations shall be set forth in each zoning district for all buildings, structures, and uses of land. In addition, the following general standards shall supplement the specific requirements of each zoning district: A. Minimum Lot Size/Division Of Zoning Lots: Every lot created after the effective date hereof shall meet the minimum lot area and minimum lot width requirements of the zoning district within which it is located. In any zoning district, a building, structure or use of land may be established on any lot which is a lot of record or zoning lot on the effective date hereof, provided that all other bulk regulations of the zoning district are met. B. Yard Requirements: All yard requirements shall be set forth under each zoning district for all buildings, structures and uses of land. All required yards shall be located on the same lot as the building, structure or use of land for which such yard is required. The right of way for any public roadway, public alley which exists by dedication shall not be included as part of a required yard. Chapter 14, Article III General Provisions SPECIAL MEETING - September 13, 2016 Page 85 of 449 Updated: September 2, 2016 C. Number Of Buildings On A Lot: Not more than one principal building shall be located on any zoning lot in a zoning district, except in the case of a PUD, where more than one principal building on a zoning lot shall be allowed as part of a PUD. ISI. IRG@4!-1atdl: 001:6:,:4k-�k-epi:606MAF—II1 a:lIPre', / Comment [IT3]: Moved to its own section �:� I�� - ������It--��r�������r�t-1����-kl"��•t�"��I�*�-������-���t���- �Ik�r��r�r �kt�rr�-���������-�t�::��`.�"�-ai��r kk�w�"�����r� �I��r���dl�kl����,�:t�kl���;����.�:w�i���ldi��r:�. �� kl..�I"�1�-"r�����*kt�r�m����-����r�--�aldl����i��r�����-.^:�I��I��Idl�kk��:.�-���I����-�kl�°��r�r-t�r�������f�i���{F�i��.•::�k ����I�*���";��r�����y-�������t II:�i��-�f�i�1y--=t Chapter 14, Article III General Provisions SPECIAL MEETING - September 13, 2016 Page 86 of 449 Updated: September 2, 2016 ����r ��{F�����r a���akl���������:�-���r-��-�����r ��-���• � � ��"�-.^:���I�����;kk����r �� ��al���.^:��k�:�. ���i����*�-�..^:������kdlkk��:, r k k r l� r i r i� r. �I •�I r r� *kk r r r r OP4410 �����������r��kl���;�����kl��������� a�#il����dl���mm•���ir���dik�° r��.a;������i��r����kl���I"�r���r�����dl�di����r���kik-r��^�������i��r����kl��:�P��"�";� Chapter 14, Article III General Provisions SPECIAL MEETING - September 13, 2016 Page 87 of 449 Updated: September 2, 2016 �� - aF-�-�����:��a � ����r���-������������� �i��-�����di������-��-����a � r����ro�;��� r�������•:�I��h�����i����P�di��r�����„���� .^:���I������;�di��r�r:,ak ���� ����r�rP;��i����;�di��r�� ��i��-���-��°°������r-���di�*��r��������r�-����r�-������I���������-��i�r���di����������;:•-��-����������r Chapter 14, Article III General Provisions SPECIAL MEETING - September 13, 2016 Page 88 of 449 Updated: September 2, 2016 �r Comment [NB4]: Moved to its own section 14 304 1 :::: ate,:"�.... .. ... ......... .. st; 1 �%�'� .. .�:.. ... �"' .G, .., .:Y ' .: ... '.. WC- i�..F9'""�::�y=VY.."'•"' �'.. :::::&'Y. :"N.....��i: ^��.'.t.!'Y..'.au.`,a^cv�'�-v,'cu^r Irirr�`,rc�m'4's"�" ... :F.... :::: .... :ice' .. ''..9.... .. .� ..... 'saYY' + "" ..... mM Chapter 14, Article III General Provisions SPECIAL MEETING - September 13, 2016 Page 89 of 449 Updated: September 2, 2016 .... . .....��'/.D As- ... ... " .. .... .+aM1^'-. r,,, JravA.Y NY1 w::: A••i .. fi���dy,, ��<<.".-^_.:••.YA` .� ... .�. V.�. �,' ......: .' ^.' ''.'^"." Chapter 14, Article III General Provisions SPECIAL MEETING - September 13, 2016 Page 90 of 449 Updated: September 2, 2016 ........ ... ...: '"'�.... s ... .. '^'. .''keV:' .: � .:t.;CY... .... 14 30II"ll) VGN S""'IIII'..I4II'..�K. 4A. Downtown Dwenn uncle Mines: Chapter 14, Article III General Provisions SPECIAL MEETING - September 13, 2016 Page 91 of 449 Updated: September 2, 2016 front or the d: th of the struc, W, the :ff1:a:s:sn:: of the structure in addition t windows and:bui:ldwg ------------- g :: 9 ... . — I — I — — — — -------------------------------------------------------- the facade. ................................................................... I ,,(2).:&cess: All buildin s with a total widthcreator than fift :::fe t:::.(,50').::::ahall have ............................................................. D I'nJ ni..ff) u r n o ( o n e e n t a t I h e r.o. at o f t h e b u.j.1 d..i ocj, defined as the facade of which faces t onstructed on t I either the ::: . .Y P MIME 1.Q IKa. Font or the exterior side. ................................................................................................................................................... 9:: have a ffiiniffiurn of t w e n the f,,. 3cade area:::f,,..3(.i:n a front or exterior sid devoted I o b........e...........u........s......e........d...........a.......s QQ::::o buildingffiassm :.................................................................................................. .. . . Chapter 14, Article III General Provisions 10 SPECIAL MEETING - September 13, 2016 Page 92 of 449 Updated: September 2.2010 necessa. ncluded to add ,(4:,).::::Boof I I nes: Fhe roofline of a b :il :in should Include architectural details be used for facades which are visible frorn the street. IMaterials locatelalon a sin L be 4d. Site D 1� j� lots shall to those installed by the vill, Chapter 14, Article III General Provisions 11 SPECIAL MEETING - September 13, 2016 Page 93 of 449 Updated: September 2, 2016 ............................. ... ................ do.. ig -------------- oark.i...0g. :1.!2.t..,:::::o a . . ........ [::: :� ...... ......... ............. ....... ........ .s. t ou ( tura. 2b. Screenin Of Mechanical And Utility 19 ted within the nHig(,�nnI s t r u t u r en ........... o .rd e r t o ............ ff i.i n I ff i.i z e ........... e x t e r.j!2 r v i s u a I ilrn acts. ..................................................................................... Y.. :..ac that is six fgk,, Comment [ITS]: Moved from 142308 All screening should be in one place - .10 s s I n h e.J. h will r...o..w Q.. ........................................ the::::heig:bt::::Qf.:I.be::::U:mund based : ..... ............ ::::::: ............ .g.c. that �s taller I ler than ..... 0 5JZ I.Q.9.1 ------------------- - I ---------------------------------------- ................................................................... view with an enclosure that is Constructed to be Consistent with the Inaterial 0f the giceuicid te aGWeve a 4g�i# abeve ge ad Ilgette exGeed s�xfeet (,6'):te P9dUG@:d:`l9 auual I 4G:t of the stU11:641:8 9R 4:18 648 Addkelq,,44Y �a;ldsfiqqiffl shale be REQYided a1:QYRd 949Gt�!Qlq 44:2909 eft4is Chapter 14, Article III General Provisions 12 Comment [NB6]: Struck per meeting discussion, overly burdensome for equipment not visible to the public_ SPECIALMEETING - September 13, 2016 Page 94 of 449 Updated: September 2, 2016 14.305: REGULATIONS FOR RADIO, SATELLITE AND TELEVISION ANTENNAS, TOWERS AND DISHES:ZI A. General Provisions: 1. Compliance With Requirements Of This Section: Antenna towers and dishes which do not comply with the requirements of this section may be authorized only in accordance with the procedures for conditional uses. All antenna towers and dishes shall be constructed to meet or exceed the minimum wind velocity and construction standards specified in the building code. 2. Satellite Dishes And Personal Wireless Service Facilities: Satellite dishes that are less than three feet (3') in diameter and personal wireless service facilities are not regulated by this section. 3. Amateur Radio Antennas: Antennas used for amateur radio purposes shall comply with the requirements in subsection D of this section. B. Ground Mounted Antenna Towers Or Dishes: 1. Number Permitted: There shall not be more than one ground mounted antenna tower or dish located on a zoning lot. 2. Location: Ground mounted antenna towers and dishes shall not be located in any required yard except for rear yards and shall be set back a minimum of five feet (5') from the lot line. 3. Height Restrictions: The height of all antenna towers or dishes shall include any accompanying base or support structures and shall be measured from finished grade to the highest point of the antenna. a. Residential zoning districts: (1) Antenna Towers: Federally licensed towers shall not exceed a maximum height of seventy feet (70'). (2) Dish Antennas: Ground mounted dish antennas shall not exceed fifteen feet (15') in height. b. Nonresidential zoning districts: (1) Antenna Towers: Ground mounted antenna towers shall not exceed seventy feet (70') in height, unless authorized by a conditional use permit. (2) Dish Antennas: Ground mounted dish antennas shall not exceed the height of the building by which they are located. Chapter 14, Article III General Provisions 13 SPECIAL MEETING - September 13, 2016 Page 95 of 449 Updated: September 2, 2016 4. Diameter: a. Residential Zoning Districts: (1) Ground mounted dish antennas shall not exceed ten feet (10') in diameter. b. Nonresidential Zoning Districts: (1) Ground mounted dish antennas in nonresidential zoning districts shall not exceed fifteen feet (15') in diameter. 5. Screening: All ground mounted dish antennas must be screened with landscaping or fencing as determined appropriate by the community development director. C. Roof Mounted Antenna Towers And Dishes: 1. Number Permitted: a. Residential zoning district: There shall not be more than one roof mounted antenna tower or dish located on a zoning lot. b. Nonresidential zoning district: There shall not be more than one roof mounted antenna tower or dish for each separate establishment located within a zoning lot. 2. Location: Subject to structural approval, roof mounted antenna towers and dishes shall be located on the principal building to which they are an accessory. 3. Height Restrictions: a. Residential Zoning Districts: (1) Antenna Towers: Roof mounted antenna towers shall not project more than ten feet (10') above the maximum height of the residential building upon which they are located. Antenna towers located on the roof of educational, religious, or municipal buildings shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located. (2) Dish Antennas: Roof mounted dish antennas shall not project higher than the maximum height allowed for the building upon which they are located. b. Nonresidential Zoning Districts: Chapter 14, Article III General Provisions 14 SPECIAL MEETING - September 13, 2016 Page 96 of 449 Updated: September 2, 2016 (1) Antenna Towers: Roof mounted antenna towers shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located. (2) Dish Antennas: Roof mounted dish antennas shall not project higher than the maximum height allowed for the building upon which they are located. 4. Diameter: a. Residential Zoning Districts: Roof mounted dish antennas located on residential buildings shall not exceed three feet (3') in diameter. Roof mounted dish antennas located on educational, religious, or municipal buildings shall not exceed ten feet (10') in diameter. b. Nonresidential Zoning Districts: Roof mounted dish antennas shall not exceed fifteen feet (15') in diameter. 5. Screening: All roof mounted dish antennas larger than three feet (3') in diameter must be fully screened from view from adjacent roadways and properties (between grade level and 10 feet above grade level) with materials which are compatible with the building to which they are accessory. D. Amateur Radio Antennas: 1. Ground Mounted Antennas: a. Antenna towers shall not be located in any required yard except for rear yards and shall be set back a minimum of fifteen feet (15') from any lot line. b. Ground mounted antenna towers shall not exceed a maximum height of seventy feet (70'), including any accompanying base or support structures and shall be measured from finished grade to the highest point of the antenna. Ground mounted dish antennas shall not exceed fifteen feet (15') in height and ten feet (10') in diameter, including any accompanying base or support structures and shall be measured from Ibase gu nV ll�grade to the highest point of the antenna. 2. Roof Mounted Antennas: Roof mounted antennas for amateur radio use shall comply with the following: a. Antenna towers shall not project more than ten feet (10') above the maximum height of the residential building upon which they are located. Antenna towers located on the roof of educational, religious, or municipal buildings shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located. Chapter 14, Article III General Provisions 15 Comment [NB7]: We measure from finished grade not base grade SPECIAL MEETING - September 13, 2016 Page 97 of 449 Updated: September 2, 2016 b. Dish antennas shall not project higher than the maximum height allowed for the building upon which they are located. (1) Roof mounted dish antennas located on residential buildings shall not exceed three feet (3') in diameter. (2) Roof mounted dish antennas located on educational, religious, or municipal buildings shall not exceed ten feet (10') in diameter. c. Roof mounted antenna towers or dish antennas for amateur radio use shall be located on the principal building to which they are an accessory and are subject to structural approval. (Ord. 4590, 9-21-1993; amd. Ord. 4925, 4-21-1998; Ord. 6112, 12-17-2013) 14.306: ACCESSORY STRUCTURES:Q ! LIJ A. General Requirements: The following restrictions on accessory buildings, structures and uses apply to all zoning districts: 1. Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the time of construction of a principal building. 2. Yard Requirements: No accessory building, structure or use shall be located in a required front yard, required side yard or exterior side yard, unless otherwise provided for in this chapter. 3. Height Requirements: a. Residential and Commercial Districts. No detached garagep::g„g�;2; „qua„shall een feet (L5:127'). No other accessory exceed a maximum height of Popo iii,,,,,, building/structure shall exceed ten feet (10') in heightl.-(Comment[NB8]:This change istoreflect the new "peak' height measurements r 4. Separation Between Buildings: a. A detached accessory building or structure shall be located no closer to the principal building than three feet (3'). Detached garages located between three feet (3') and ten feet (10') from a principal building shall be provided with a five-eighths inch (5/$") drywall finish on the interior walls and ceiling. LADY sPu p,uoP�u o p„ „!!p �„�InenPly i; eoks attached to the principal structu D2 l2ng2 onsAged an accessoily sPuu ctu ile pusu ant to Ail fcle XXV of flN Chapter 14, Article III General Provisions 16 Comment [NB9]: This is to clarify when people want to build pergolas on decks, gazebos on decks, etc_ They must meet the setbacks of the zoning district, FAR, etc_ SPECIAL MEETING - September 13, 2016 Page 98 of 449 Updated: September 2, 2016 g. ]2 12and nllnnl.l..meet the Il)ulk.reggn rernenPn...of the zoiNnq dIstijlct for Pllln:;u p2l rwll�ntl�h`�"�I«"� Il e sted' as .Il22� nitted �nll.) „ilu�uc P1on lug n��cdon 14 319 CIh,"fit InI��.i, nIl�tlryC,"� «".. . ung Il2�n��.l'' , are permitted to attach to a 6W4:R :4R In99�n d2gE if �: inn �nnu....11nln!' . all required rear and side yard setbacks are met and the deck is designed with a gate between the deck and pool and access is provided to the yard from the deck. id. Pergola support columns shall be located no closer to the principal building than three feet (3'). 5. Number Of Accessory Structures: The maximum number of accessory structures shall not exceed two (2) such structures per zoning lot. Swimming pools and structures listed as permitted obstructions in section 14J1319I are exempt from the _— Comment [IT10]: Permitted obstructions total number of accessory structures. should not be accessory structures_ 6. Shed Restrictions: A shed shall not be utilized to store motor vehicles or as office, work or living space. The storage of household items, equipment to maintain the property and small recreational equipment is permitted. 7. Roof Pitch: No accessory structure shall have a roof pitch of less than three to twelve (3:12). Pergolas, arbors„, and ac esso! nilnc I;u�ures I',n the 11 Il lnited u nnilminl„ SII o ii n l npl�nn Il �:Im nil�nn , and IIS; Office Ili esearch , oij,n dI'nilmlct shall be exempt from this requirement. B. Restrictions In Residential Districts: 1. Maximum Size: a. A detached private garage may be no larger than six hundred seventy two (672) square feet. b. A shed, gazebo, pergola, greenhouse, or other similar accessory structure may be no larger than the smaller of the following: (1) Two percent (2%) of the lot area; or (2) Two hundred (200) square feet. 2. Bulk Restrictions. a. =0n lots fifty five feet (55') in width or less, detached accessory structures shall be set back three feet (3') from any interior side or rear lot line. b. On lots greater in width than fifty five feet (55'), detached accessory structures shall be set back five feet (5') from any interior side or rear lot line. Chapter 14, Article III General Provisions 17 SPECIAL MEETING - September 13, 2016 Page 99 of 449 Updated: September 2, 2016 c. No accessory structure shall be placed on any right of way or village utility or easement without prior consent from the director of community development. d. All sd� l'd roofed accessory/ structures, including gazebos, shall be included in any Floor Area Ratio calculation. 3. Lot Coverage. Accessory structures shall be included in any maximum lot coverage calculation. C. Restrictions In Business And Industrial Districts: 1. Maximum Area: Detached accessory building(s) or structure(s) shall occupy no more than thirty percent (30%) of the area of a required yard. 2. Yard Requirements: Accessory structures shall be set back six feet (6') from any side or rear lot line. No accessory structure shall be placed on any right of way or village utility or easement without prior consent from the director of community development. D. Regulations For Specific Accessory Structures And Uses: 1. Garbage Dumpsters And Recycling Containers: a. Required: All multi -family buildings utilizing centralized solid waste services shall provide a garbage dumpster and recycling container area which meets the minimum standards which have been established by the solid waste coordinator. b. Location: Outdoor designated garbage dumpsters and recycling containers shall maintain the same setbacks as parking lots. Dumpsters and containers that are located within covered parking areas shall be designed so that they do not conflict with required parking spaces or access drives. c. Screening: (1) Non Residential Districts. Such dumpsters and containers shall be screened on all sides by a solid wood fence or equivalent screening material to a height not less than six feet (6'). 2L -Multiple -family residential developments shall provide screening on no less than three (3) sides by a solid wood fence or equivalent screening material to a height not less than six 2. Accessory Commercial Uses Within Multi -Family Residences: Accessory commercial uses including restaurants, drugstores, retail food shops, valet services, beauty and barber shops, and physical fitness or health facilities shall be permitted within multi -family buildings provided that the accessory uses must be Chapter 14, Article III General Provisions 18 SPECIAL MEETING - September 13, 2016 Page 100 of 449 Updated: September 2, 2016 accessible to the public only through the lobby of the building; and no advertising or display related to the accessory use shall be visible from outside the building. Accessory Uses Within Office Buildings: Accessory uses located within office buildings including cafeterias, restaurants, gift shops, flower shops, snack bars, drugstores, barbershops, beauty parlors, banks, daycare centers, and office supply stores (excluding sales of office machinery and furniture) shall be permitted provided that said accessory uses are conducted for the convenience of the employees, patients, patrons, or visitors. Said accessory uses shall be designed and located totally within the confines of the principal building and the primary access to any accessory retail use shall be from within the principal building. 4. Off Street l) lwt � l�Ii�IlRq Lets Aiqd... GG9cceman9c: Parking lots and '4GG9SS di4vesdrive ils.e . shall not be subject to the restrictions of this subsection, t shalllb subject ub ectto inn nc iim n u P, idfli�.. ili I� XX. pnd ilii, e "�"�Il...of Pini' . SII.... 5. Signs: Signs shall not be subject to the restrictions of this subsection but shall be subject to the imegg! rernents ofIln pper 7 of d e Vd ag ��� ,., � � � � of the v4a age. 6. Swimming Pools: The regulations of this subsection shall not apply to any pool having at every point a depth less than twenty five inches (25"). No out of doors swimming pool for the use of members and their guests of nonprofit club or organization, or limited to house residents of a multiple -dwelling unit, a block, a subdivision, neighborhood, or other community shall be permitted in an R- 1, R -A or R -X district. a. Location: Swimming pools shall be located entirely behind the rear line of the building of the principal structure on the lot in the R-1, R -A, R-2 and R -X districts. Swimming pools shall not be permitted in any required front, side or exterior side yards. Pools are permitted to encroach into the rear yard provided a minimum of fifteen feet (15') is maintained from the rear property line to the edge of the structure. b. Area: The surface area of the swimming pool shall be included in total lot coverage. c. Construction: All swimming pools shall be constructed according to the requirements of this code. 7. �Donationl Boxes: The following restrictions shall apply to all donation boxes located --I Comment [IT11]: Same wording, new order within the village: of items, per code enforcement feedback Chapter 14, Article III General Provisions 19 SPECIAL MEETING - September 13, 2016 Page 101 of 449 Updated: September 2, 2016 d. Maintenance Requirements: Donation boxes shall be maintained in good condition with no structural damage, holes, rust or graffiti. All boxes shall be emptied and serviced regularly to prevent overflow of collections and be kept free of debris. e. Signage: The name, address and phone number of the donation box operator shall be posted on the box. Information shall be provided on the box as to whether the operator is a for profit or not for profit organization. Total signage on the donation box shall not exceed five (5) square feet or as approved by the director of community development. Comment [IT12]: State of IL requires letter of permission from property owner as a requirement. Chapter 14, Article III General Provisions 20 SPECIAL MEETING - September 13, 2016 Page 102 of 449 Updated: September 2, 2016 IE, Perin*tostr a 4O1q lR Reqw�red Yaii11196e 6t12u tL:lr96 , I 4 be...a4owed t Comment [NB13]: Moved to its own section, 14319, and reformatted to table format. 1. OII eR1� 9PS u d Gaiq pies that imauq.ea hey I egeim 1haiq 9ag::nJ f9 1 (811) iR Vyidth 4Rd fb49..: @@ () aur 9p#:`l @XG„ Yd!Rg . St@l G.,,. IcH9m8 #n R tW8114t :k)Ye !RG[19 (4."), h9W@V91: aur R9 Gase sIl::wak. RY G[1 9b6t1m6lGt1!91q 3. Rataes,bat Gr1CtCC, W99d &Gki1cH41qg b9,Rt 6I4ll ... Rd huq !G,4p..im lcn rH,'4y 8IgGe 9,4Gh aur 019 1!:89Y i:i P9 imea m ya mp ...9 Y� „h..S46lGW P9S 6:1a4 have a r4lRae ur:: eGated evee 9upeii i4gl::# of way 9...vkag e.... t44y ei!: aur 9aS9r:R9F4 4419YtP149 G91l @R 491c #19 ae@Gt9e:...9 G9r:Rl 6l1g4Y.. IIS i;.91!: !Rt9l !9GkJ9 yaed& Up 1e..:thee fe , (31, ) i:!R i 1h qgy is rneaRS of aGG@ 1 Il n9...lppe i rn i .. eig4y of the P9SkJ@RG9:1: 91 h@Vy e �Ih d9 f:49 f99t (51) I:!R idth: Q: e veways e i R #19 e 99YY e 9d 49R6i48,.. R i. e Y im .: ���-��m��������i���di��a::��������-�{F:�i����-�����:::�,���;����������di�����-�����I��l-��l��*��r �r���;dl������^�����i����*��������r• �I�������°���I�:��i����� Chapter 14, Article III General Provisions 21 SPECIAL MEETING - September 13, 2016 Page 103 of 449 Updated: September 2, 2016 d4op usu d a66u:4 poe of aIlqssaldipq peil:M4 0 cll'Oi s �s s,al{w-is �Esss,s1:,sslss,idl Jks; FIs ssmsait,�:•ss s ii sus,:��s�-ss�,����-y����s1��.•:,�I�����i�r�-1����i�ss=,l�-s��C�-��-�����f?��sv� �-����)-s��s��ldl�-�s�s�-ss���.y���I^�s��l� ��s"�s�s�m�aitts;s-��r� ���Is",�.��- al�����ie: f"���s s s",als-����s��l�� Jk-�e � �=,s1���i�w,s-�-w�t�� �� ��s�s" � ars-t�sm���l�s�-�ss��:,�:,ai�r�s�s;�,t� •�r�s;s��s�r���.�:���r�s;1 4995:1: 011 666�4.,, 7 26 10001Clea. 5074v 4: 5:173v 2...6 200 .., 'Nle.,,. 2660, Ou d 64 4 2v :12-47-20:13 14.307: STANDARDS FOR HOME OCCUPATIONS: I'll "Home occupations", as defined in section 14.2401 of this chapter, shall be governed by the following standards to ensure that they are conducted in a manner that does not have any adverse impact on a residential area, or infringe on the rights of adjoining property owners: A. There shall be no sign displayed in conjunction with a home occupation. The purpose of this standard is to assure that no commercial signs are displayed in residential areas. B. There shall be no separate entrance for use by a home occupation, or any exterior alteration to a dwelling unit that will indicate from the exterior that any part of the residence is being used for any purpose other than that of a dwelling. The entrance to any space devoted to a home occupation shall be from within the dwelling. The purpose of this standard is to prohibit any alterations to a dwelling solely to accommodate a home occupation. C. Storage or inventory maintained at a residence in conjunction with a home occupation shall not exceed one hundred (100) cubic feet. The purpose of this standard is to limit any storage to an amount that could readily be stored in a closet. D. There shall be no noise, odor, dust, vibration, smoke, glare, television signal interference or radio signal interference, electrical interference, fire hazard or any other hazard emanating from the dwelling. No home occupation shall involve the use or production of noxious, toxic or harmful materials. The purpose of this standard is to ensure that a home occupation has no adverse environmental impact on adjoining properties. Chapter 14, Article III General Provisions 22 SPECIAL MEETING - September 13, 2016 Page 104 of 449 Updated: September 2, 2016 E. No person shall be employed other than a member of the immediate family residing in the dwelling unit, and no employees other than persons residing on the premises shall report to work at or near the premises, either for work to be completed within the residence or to be dispatched to work at another location. The purpose of this standard is to ensure that no nonresident comes to a dwelling for employment purposes, and to minimize the traffic generated by the home occupation. No routine attendance of employees associated with any home occupation shall be allowed at the premises of the home occupation. "Routine attendance" shall mean that the conduct of the home occupation requires nondomiciled persons to visit the premises of the home occupation as part of the regular conduct of the occupation, without regard to the number, frequency or duration of such visits. This standard shall apply irrespective of any business activity actually taking place at the dwelling unit. F. No home occupation shall generate customer, client or group visits of a greater frequency than what would be expected in a residential area where no home occupation exists. Any need for parking generated by a home occupation shall be provided on site and shall not exceed the required parking for a dwelling unit. The purpose of this standard is to limit the frequency of customer or client visits to an amount that is not disruptive to a neighborhood and eliminate congestion on public streets. G. The home occupation shall not utilize more than twenty five percent (25%) of the gross floor area of the dwelling unit. The purpose of this standard is to assure that the home occupation remains incidental to the residential use of the structure. H. No outside storage of any kind related to a home occupation shall be permitted. I. All vehicles utilized in conjunction with a home occupation shall comply with the regulations stipulated in section 14.2208 of this chapter. J. No contracting or service equipment or materials shall be stored on the premises, except in a permitted truck used for transporting equipment or materials between jobs. No loading or unloading of equipment or materials shall be done on the premises. No trailer used for commercial contracting or service uses shall be permitted for equipment storage in a residential area, nor shall it be parked on the premises. K. Private instruction as a home occupation is permitted, but is limited to no more than three (3) pupils at a time. (Ord. 4590, 9-21-1993; amd. Ord. 4825, 10-1-1996; Ord. 5426, 4-20-2004; Ord. 5685, 4-15-2008; Ord. 5751, 8-4-2009) 14.308: GROUP AND FAMILY COMMUNITY RESIDENCES; GENERAL PROVISIONS AND STANDARDS:Z1 Group and family community residences shall be located as either a permitted or Chapter 14, Article III General Provisions 23 SPECIAL MEETING - September 13, 2016 Page 105 of 449 Updated: September 2.2010 conditional use within all residential zoning districts in accordance with the provisions set forth listed insection Y4.6K}4ofthis chapter. (]rd.5751.O'4'2OOQ) �14.3DS:TEMPORARY USE: IT] Comment [NB14]: Legal helped draft this Tamponarybuildings orstructures may baallowed subject hothe following regulations: A. Temporary construction trailers. 1. Temporary trailers orfacilities for approved construction projects are permitted subject hothe standards ofthe building code. 2.S4G#Te Her facilities shall balocated hoconform hothe applicable setback requirements ofthe zoning ordinance. oi|idaoshall baremoved upon completion ofthe construction project. B.Temporary classroom Ltrailers -gind-rgc|tes. used ooclassrooms orsimilar uses that are ancillary hoon existing school use are permitted for uphoone year ofthe bui|dinocode. C. facilities shall balocated hoconform hothe applicable setback requirements ofthe zoning ordinance. 1.Du[atign._Spaoio|promotions such ootent sales oroutdoor meetings are permitted for operiod ofone week. Nomore than three (3)such promotions shall ba allowed in a calendar year. 2. Location., Any tent, bleachers or other installations used in conjunction with the promotion shall meet the applicable setback ofthe zoning ordinance. Temporar�Lstructures located on a parking lot shall meet the required parking lot setbacks and shall not block fire lanes. All temporary tructures are standards of the buildinlcode. Any signage ordisplays used with ospecial promotion shall meet the provisions of . (]rd.45QO,Q'21 1993;omd.Ord.5034.7'20'1999) Chapter 14, Article III General Provisions 24 SPECIAL MEETING - September 13, 2016 Page 106 of 449 Updated: September 2, 2016 G'II"G11pg[gIIy,§stIructU!II,;;G"§j, �ggb its tents dill sIiri"llN ll stiiuctuii es used mill Comment [NB15]: We feel we may need a definition of a temporary structure InteiiP�uunir ent:l asseinu,-uly�, oo „P 2u29o....V2u� p2� 2„ , gi V222 �IItted fou E) Il 211 0d ofou . gogl , gind shg: ,1 u-neet the :2ccgssoiy sfiu ctu iii:o sefl,- )cok uogy lueirnents of the zollnlllig oiid'in�:u oo. ............................................... 14.310: STANDARDS FOR THE R-3 AND R-4 ZONING DISTRICTS?'"?] (Rep. by Ord. 5034, 7-20-1999) 14.311: OUTDOOR SALES AND STORAGE:Q ! LIJ A. Outdoor Sale And Service Of Seasonal Merchandise: The outside sale and service of seasonal merchandise at retail shall be permitted only under the following terms, conditions, restrictions and regulations in the commercial districts of this chapter: 1. Outdoor sales and storage shall only be allowed as an accessory use to the principal use of the property. However, outdoor Christmas tree sales shall be permitted with written approval of the property owner. 2. Outdoor sales and storage of items at retail shall be restricted to sales of seasonal merchandise during the time of the year when such items are normally used. 3. When merchandise is stored or displayed on pedestrian walkways, a minimum width of five feet (5') must be maintained free and clear of any storage, display or sales. 4. All outdoor sales and storage shall be restricted to private property, and no sales and storage shall be permitted on publicly owned property, except sidewalk sales in the central business district. 5. Outdoor sales and storage of merchandise in parking areas shall be approved by the director of community development. 6. All merchandise shall be kept in a neat, safe, sanitary and orderly fashion, free from garbage, rubbish and other debris. 7. There shall be no temporary or permanent storage of inventory in trailers. Chapter 14, Article III General Provisions 25 SPECIAL MEETING - September 13, 2016 Page 107 of 449 Updated: September 2, 2016 B. Outdoor Dining: Outdoor dining areas shall be permitted on the same zoning lot as and in conjunction with an established restaurant in the B-3, B-4, or B-5 district, subject to the following requirements: 1. The following criteria shall apply to all outdoor dining areas located on the same zoning lot as the established restaurant: a. Outdoor dining areas may be revoked by the village manager at any time on fourteen (14) days' notice for failure to comply with the regulations set forth in this section. b. All outdoor furniture and appurtenances shall be constructed in such a manner as to allow for their easy removal during winter months and/or if otherwise required by the village. c. All outdoor furniture and appurtenances shall be designed to withstand a minimum wind pressure of not less than thirty (30) pounds per square inch. d. Colors and materials of outdoor furniture and appurtenances shall be harmonious with the principal and adjacent structures. e. The sale and consumption of alcoholic beverages in the outdoor dining areas shall be subject to all requirements of chaster 13 of this code. f. The proprietor shall provide adequate facilities for refuse disposal, as determined by the environmental health division. g. The outdoor dining area shall not be detrimental to the health, safety, or welfare of nearby residents or persons working or shopping in the vicinity. h. Outdoor dining areas shall be exempt from applicable parking requirements. However, in the event that the outdoor dining area creates an overflow parking problem onto adjacent public streets, the permittee must make provisions for off site parking on nearby nonresidential properties. i. Advertising or promotional features in a permitted outdoor dining area shall be limited to umbrellas or canopies, and shall be limited to no more than fifteen percent (15%) of the surface area of a canopy or umbrella. j. Outdoor dining areas shall meet all applicable village and state health requirements. k. No music or other noises generated by the operation of the outdoor dining areas shall be audible on adjacent properties. Chapter 14, Article III General Provisions 26 SPECIAL MEETING - September 13, 2016 Page 108 of 449 Updated: September 2, 2016 I. In no event shall the outdoor dining area operate earlier than six o'clock (6:00) A.M. or later than eleven o'clock (11:00) P.M. 2. Outdoor dining areas shall be permitted on public property, subject to the following criteria: a. All regulations set forth in subsection B1 of this section. b. An application for the outdoor dining area permit must be submitted to the department of community development. The department will conduct an administrative review of the application and the director will either approve or deny the application within thirty (30) days from receipt. The application shall contain, at a minimum, the following information: (1) A site plan showing location of the outdoor dining area; (2) Plans and cut sheets demonstrating the type of barricades, landscaping and other features that will be utilized to define the outdoor dining area and enhance the aesthetic appeal of the area; (3) Distances of the outdoor dining area to all property lines; (4) Proposed hours of operation; (5) The clear width of all walkways and sidewalks adjacent to the outdoor dining area; (6) Photographs or other documentation showing the construction and appearance of all furniture and appurtenances to be used in the outdoor dining area, including materials and colors; and (7) Provisions for refuse disposal for the outdoor dining area. c. Approved permits for outdoor dining areas shall be effective for a period of one year from the date of approval. d. The use of public sidewalk space for outdoor furniture and appurtenances shall only be permitted incidental to the operation of a restaurant on private contiguous property. e. The applicant shall submit a written statement acknowledging responsibility for and agreeing to comply with the following: 1) the sidewalk area will be maintained in a clean and safe condition; 2) the required open portion of the sidewalk will be kept free from any obstructions or encroachments pertaining to the restaurant use; and 3) the proposed outdoor dining area will comply with all conditions of this section. Chapter 14, Article III General Provisions 27 SPECIAL MEETING - September 13, 2016 Page 109 of 449 Updated: September 2, 2016 f. In no event shall the operation of the outdoor dining area reduce the open portion of the sidewalk to less than five feet (5') in width. g. Outdoor furniture and other appurtenances shall be constructed of durable materials, such as wrought iron. The applicant shall furnish the village with evidence of general liability insurance and dramshop insurance, if applicable, naming the village as an additional insured and insuring the village against any liability resulting from the uses permitted by the permit issued under this section. Minimum coverage for general liability insurance and dramshop insurance shall be as set forth in appendix A, division I of this code, and shall have no less than an "A" rating by the most recent A.M. Best insurance rating guide. i. The operator of the outdoor dining area shall be responsible for any damage to public property and shall restore the public sidewalk to its original state when the operation of the dining area ceases. j. In order to prevent the restaurant space from encroaching upon the front of another merchant's establishment, the outdoor dining area shall not extend laterally beyond the frontage of the permittee's establishment. C. Outdoor Storage On Residential Property: Outdoor storage on residential properties is prohibited except for the following: lawn and garden equipment and materials, garbage cans, grills and portable fireplaces, patio furniture, household tools, children's play equipment, and other items similar to the above as determined by the community development director. For regulations regarding the storage of commercial vehicles, or recreational vehicles and equipment, please refer to article XXII of this chapter. (Ord. 4590, 9-21-1993; amd. Ord. 5148, 10-17-2000; Ord. 5189, 5-15-2001; Ord. 5253, 5-21-2002; Ord. 5313, 3-18-2003; Ord. 5426, 4-20-2004; Ord. 5638, 7-17-2007; Ord. 5751, 8-4-2009) 14.312: ELIMINATION OF UNPERMITTED SECOND HOUSEKEEPING UNITS:'T] A. Prohibited Acts: Except for as provided in subsection B of this section, no person shall: 1. Enter into any lease or rental agreement of any kind or nature or otherwise maintain or permit for living purposes the use of an unpermitted second housekeeping unit. 2. Establish, install or construct an unpermitted second housekeeping unit within the corporate boundaries of the village. Chapter 14, Article III General Provisions 28 SPECIAL MEETING - September 13, 2016 Page 110 of 449 Updated: September 2, 2016 3. Subsequent to January 1, 2000, enter into any lease or rental agreement of any kind or otherwise maintain or permit the use, for living purposes, of an unpermitted second housekeeping unit. B. Exceptions: This section shall not be applicable to the following: 1. "Group community residence" as defined in section 14.2401 of this chapter. 2. "Family community residence" as defined in section 14.2401 of this chapter. 3. Housing provided for religious institutions maintaining a house of worship in Mount Prospect when the housing is for its ministry, outreach or program personnel, provided that such housing is not otherwise prohibited by Mount Prospect regulations or laws. 4. Residences constructed and/or modified as residential two (2) flat or two (2) apartment buildings prior to May 2, 1944, which have not been converted to a single dwelling unit residence. 5. Any residence which has been officially sanctioned by the village as a two (2) flat whether by variation, special use or other official legislative action of the president and board of trustees. 6. Otherwise permitted sleeping rooms or separate living quarters without second kitchen units. 7. Those units that have free and unlimited physical access to the rest of the dwelling unit. If there is an issue as to whether the residence was built as a two (2) flat prior to May 2, 1944, or as to whether the village has officially sanctioned the two (2) flat, then the burden of proof, by clear and convincing evidence, shall be on the owner. C. Realtors And Brokers: It shall be unlawful for any real estate broker, or agent or any other person or entity, to advertise, state or otherwise hold out to the public or any potential buyer that a residence may be used in any manner contrary to this section. D. Probable Cause To Inspect: A sworn complaint from a Mount Prospect resident that an unpermitted second housekeeping unit is in existence within the village in conjunction with any other single indication of the existence of such a unit shall constitute probable cause to permit a village official to obtain an administrative warrant to enter the premises as to which the complaint was filed to determine the actual existence of such a unit. Other indications of such a unit shall include, but not be limited to, vehicles at the residence registered to different parties, separate trash pick up, separate utility meters, prior knowledge of a village official of such a unit or Chapter 14, Article III General Provisions 29 SPECIAL MEETING - September 13, 2016 Page 111 of 449 Updated: September 2, 2016 additional reports by other village residents. The foregoing shall not be the exclusive method of establishing probable cause to inspect. E. Irrebuttable Presumption: The following shall raise an irrebuttable presumption that there is not compliance with the requirement of "free and unlimited physical access" as defined in this chapter: 1. The existence of a lock or locks (whether used or not) on the only door or on all doors between an otherwise unpermitted second housekeeping unit and the remainder of the home. 2. Door hinges installed or maintained (whether a door is used or not) in the only passageway or on all passageways between the otherwise unpermitted second housekeeping unit and the rest of the home. F. Application Of Definition Of Family: Nothing in this section shall be construed as permitting more than one family to occupy a dwelling unit. G. Penalty; Persons Subject To Penalty: Persons violating any portion of this section shall be subject to a minimum mandatory penalty as set forth in appendix A, division III of this code. Each day that the violation continues shall be considered a separate violation. (Ord. 5751, 8-4-2009) 14.313: REGULATIONS FOR PERSONAL WIRELESS LS VICE FACILITIES ( ] Comment [IT16]: Changing the name to match the defined term in the code_ A. Purpose: The purpose of this section is to provide specific regulations for the placement, construction and modification of personal wireless telecommunication facilities. The provisions of this section are not intended and shall not be interpreted to prohibit or have the effect of prohibiting the provisions of personal wireless services, nor shall the provisions of this article be applied in such a manner as to unreasonably discriminate among the various companies that provide personal wireless services. To the extent that any provisions, or provisions of this section, are inconsistent or in conflict with any other provisions of this chapter, the provisions of this section shall control. B. Village Action: In reviewing any request, the village board shall act within a reasonable period of time after the request is filed with the village, taking into account the nature and scope of the request. Any decision to deny such a request Chapter 14, Article III General Provisions 30 SPECIAL MEETING - September 13, 2016 Page 112 of 449 Updated: September 2, 2016 shall be in writing and supported by substantial evidence contained in a written record. C. Petition For Amendment: Should the application of this section have the effect of prohibiting a person or entity from providing personal wireless service to all or a portion of the village, such provider may petition the village board for an amendment to this section. The village board, upon receipt of such a petition, shall promptly undertake review of the petition, taking into account the nature and scope of the petition. Any decision to deny such a petition shall be in writing and supported by substantial evidence contained in a written record. D. Application And Submittal Requirements: 1. No personal wireless service facility shall be erected, installed or maintained in the village unless a permit has been applied for and approved by the community development director. 2. All applications for a personal wireless service facility shall include the following documentation or information: a. A written report from a qualified professional engineer that is licensed by the state setting forth the following: (1) The facility's height and design including both a cross section and topical elevation; (2) The height above grade for all potential positions and the minimum separation distances between antennas; (3) The number and type of antennas that the facility can accommodate; (4) A map drawn to scale showing the lot lines, land uses and tree coverage, including average tree height of all properties within three hundred feet (300') of the proposed site; (5) Documentation from the manufacturer that the structure upon which the facility is located is sufficient from a structural engineering standpoint to bear the anticipated load. In instances of freestanding structures, this shall include a certificate that the foundation of the structure is built, constructed and engineered to take into account the existing soil conditions; (6) Certification that in the event of a fall or collapse, that the facility is designed and manufactured to fall entirely within the boundary lines of the lot on which it is located and that it has been erected in accordance with manufacturer's specifications; Chapter 14, Article III General Provisions 31 SPECIAL MEETING - September 13, 2016 Page 113 of 449 Updated: September 2, 2016 (7) Certification shall also state that the design complies with all local, state and federal regulations including, but not limited to, stormwater regulations; and (8) Such other documentation as the village may require. b. The application shall include "before and after" photos. The "before" photo should be a color photo of what can currently be seen from any public road within three hundred feet (300') and the "after" should have the facility superimposed on copies of these photos. c. The applicant shall demonstrate that the proposed personal wireless service facility will not interfere with any existing village public safety communication systems or residential or commercial application including, but not limited to, television and radio broadcast signals. d. The community development director may require review by a third party of the technical data submitted by the applicant. The applicant is responsible for the cost of such review and the applicant shall make full payment to the village. The village shall place these funds in an escrow account and make payment to the third party upon the completion of the technical review. Selection of the third party expert is at the discretion of the community development director. E. Placement Of Personal Wireless Service Facility: A personal wireless service facility may be erected or installed only in accordance with this section. The personal wireless service facility shall conform to all minimum setback, yard and height requirements and to all applicable federal laws and regulations concerning its use and operation. An easement or a lease is required for any new facility on property not owned by the applicant. The following chart shall govern the placement and hei ht of all personal wireless service facilities: Antenna Standards Height Setbacks Adjacent To Residential Not Adjacent To Zoni Struct Use Residential Use ng ure Distr Mono Latti Guy Moun Fro Sid Re Fro Inter Exter Re ict pole ce ed t' nt a ar nt for for ar -1 120' 120' 120' 10' ,,,,,,,, NP,,,,, 100 ........100 NP 15 30' 20' 1-3, % % O/R hei hei ght ght B-3, 70' NP NP 10' NP 100 100 NP 10' 30' 20' Chapter 14, Article III General Provisions 32 SPECIAL MEETING - September 13, 2016 Page 114 of 449 Updated: September 2, 2016 B-4 % % hei hei ght ght B-5 NP NP NP 10' NP 100 100 NP 100 hei hei heig ght ght ht B -5C NP ......... NP NP ................................................ 10' ,,,,, NP 100 ........100 NP 100 hei hei heig ght ght ht C-R 70' ......... NP NP ................................................ 10' ,,,,, NP 100........100 NP 100 hei hei heig ght ght ht B-1, 70' NP NP 10' NP 100 100 NP 10' B-2 % % hei hei ght ght R -X, �NP NP NP 10,2 R-1, R -A, R-2, R-3, R-4 Notes: 1.1-leight above the existing structure. 2.No more than 1 per residential unit permitted. NP = Not permitted. F. Collocation Of Personal Wireless Service Facilities: 100 100 heigh hei t ght 100 100 heigh hei t ght 100 100 heigh hei t ght sIma Comment [IT17]: Modify Use Table to state "Structure Mounted", current table implies that monopoles are permitted until you review this section of the code- 1. ode_ 1. Placement: Comment [IT18]: We don't take collocations The village encourages toPzorvB collocation to minimize the proliferation of antenna supporting structures. Owners, lessees, or their representatives shall cooperate in good faith to achieve collocation Chapter 14, Article III General Provisions 33 SPECIAL MEETING - September 13, 2016 Page 115 of 449 Updated: September 2, 2016 when it is in the best interest of the village to do so. The village may require the execution of an agreement to permit collocation unless such collocation proves to be impractical. The village may grant access to municipal property and/or lower application fees to carriers locating two (2) or more users on a single tower. A proposal for a new personal wireless service facility shall not be approved unless the applicant provides written proof that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, structure, monopole that already exists within a one-fourth (1/4) mile radius of the proposed tower for one or more of the following reasons: a. The planned equipment would exceed the structural capacity of the existing or approved tower or structure, as certified by a qualified professional engineer that is licensed in the state, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate the additional facility at a reasonable cost; b. The planned equipment would cause interference materially affecting the usability of other existing or planned equipment at the tower or structures as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost; c. Existing or approved towers and structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as certified by a qualified and licensed professional engineer; d. Other unforeseen reasons that make it not feasible to locate the planned telecommunications equipment upon an existing or approved tower or structure as certified by an appropriate professional. 2. Structure Design: Any proposed guyed, lattice, or monopole towershall be designed structurally, electrically / Comment [IT19]: Roof mounted should be and, in all respects, to accommodate both the applicant's antennas and comparable excluded here, as its only for collocation antennas for at least two (2) additional users. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. G. Design Criteria: Antennas mounted on water towers shall not extend more than ten feet (10') beyond the height of the water tower. All antennas, except those mounted on monopoles, shall be designed to be compatible with neighboring buildings and uses, and shall match or blend with the structure to which they are attached so the antenna is virtually invisible to the casual observer. Antennas installed on buildings shall not extend more than ten feet (10') beyond e {the height of the structure and shall be / Comment [IT20]: Nearly all of our structure painted to match the color of the building to which they are affixed. As such, monopoles mounted antennas project above roof height. and any accompanying equipment shall be painted a uniform, neutral color. Towers may not display logos or company colors. Chapter 14, Article III General Provisions 34 SPECIAL MEETING - September 13, 2016 Page 116 of 449 Updated: September 2, 2016 H. Screening: A combination of landscaping, berming, fences or other screening materials shall be utilized to maintain or enhance the existing character of the property surrounding a personal wireless service facility. All structure bases shall be completely screened from view. I. Abandoned Or Unused Facilities: Abandoned or unused facilities, towers, or portions of towers shall be removed as follows: All shall be removed within six (6) months of cessation of use or of notifying the FCC of intent to cease operations at the site, whichever comes first, unless a time extension is approved by the community development director. A copy of the relevant portions of a signed lease which require the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. Any tower and associated facilities not removed within six (6) months of the cessation of operations at a site shall be deemed a nuisance and may be abated according to the nuisance provisions of this code. 2. Unused portions of towers above a manufactured connection shall be removed within two (2) months of the time of the abandonment of that portion unless the village has specifically designated that portion for future collocation. J. Utility Buildings And Structures: All utility structures and structures accessory to a personal wireless service facility tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation. The maximum height for an accessory utility structure is twelve feet (12') and shall be no larger than six hundred (600) square feet. K. Signs And Advertising: The use of any portion of a tower for signs other than warning or equipment information is prohibited. L. Temporary Facilities: Temporary personal wireless service facilities shall conform to all of the setback and yard requirements of the district in which they are located. A temporary personal wireless service facility shall not exceed the height of the facility previously approved for the property, or one hundred feet (100') in the case of a special event. Only one temporary personal wireless service facility will be allowed per site at any one time, unless the approved facility on the subject site allows for collocation, in which case the permissible number of temporary facilities on that site shall be the number approved for that facility. A temporary personal wireless service facility must be located behind the front plane of any principal structure that is on the lot. A temporary personal wireless service facility may be allowed only in accordance with subsection E of this section. A request for a temporary personal wireless service facility may be granted only by the village manager in such reasonable numbers and with such reasonable conditions as the manager may deem appropriate. Any request for additional time Chapter 14, Article III General Provisions 35 SPECIAL MEETING - September 13, 2016 Page 117 of 449 Updated: September 2, 2016 beyond that set forth in this subsection L, shall be subject to review by the planning and zoning commission and approval of the village board. 1. Special Events: Temporary personal wireless service facilities shall be permitted for each licensed carrier for special events (temporary sporting or entertainment events) of a period of one week. No more than three (3) such promotions shall be allowed per carrier in a calendar year. 2. Repairs And Equipment Upgrading: If a permanent personal wireless service facility is under repair or equipment is being upgraded, a temporary facility shall be permitted for each licensed provider for a period of up to ninety (90) days. The owner of the facility must certify in writing the necessity for the repair or equipment upgrade. M. Insurance: The provider must tender to the community development director on an annual basis, proof of public liability insurance covering the facility in an amount not less than as set forth in appendix A, division I of this code. N. Compliance: All personal wireless service facilities must maintain compliance with the approved plans and specifications. If the personal wireless service facility becomes noncompliant with approved plans and specifications due to, but not limited to: discoloration, cracking, missing components, rusting, settling, damage or general disrepair; then the owners of the personal wireless service facility and the owner of the structure or lot on which the personal wireless service facility is located will be jointly and severally responsible for remedying the specific nonconformities. These nonconformities must be remedied within forty five (45) days after written notice, detailing these nonconformities, sent by the village to the owner of the personal wireless service facility and the owner of the structure or lot. Failure to remedy all of the cited nonconformities, within the forty five (45) day time period, shall be punishable by a fine not exceeding the amount as set forth in appendix A, division III of this code, each day that the violation continues. O. Certificate Of Completion: All personal wireless service facilities shall obtain a certificate of completion from the building division prior to facility operation. Carrier(s) must meet all village codes and provide copies of the following documentation prior to receiving a certificate of completion: 1. Federal aviation administration permit and the FAA reply; 2. Copy of the FCC permit and intermodulation interference report; 3. Copy of the annual filing to the FCC stating the carrier's compliance with all FCC rules and regulations. Chapter 14, Article III General Provisions 36 SPECIAL MEETING - September 13, 2016 Page 118 of 449 Updated: September 2, 2016 �] Comm [NB21]: These w article X were moved to XIV Comment II II a p.pR : )SII N II 419 US@ 9:f @SUig st@d XYl]U969S 9f pXl4vat.q,,. R9RGernm@emG4a Gernmuu4IGatC QR..." I U st@Y , aIgGpYd@S pU@e S9RU... 4h 4 PgGI 8,4 kUR,4p au 91:9 'wi I;uq el"uadaq i@1 [lliqagw ,""ue qf'Y 4:4:l l�gecseiiga' a ul R aiiqd wad:hrJw d:i zest I�geGy iq� wary all 9IP9S1v and UII44...ug9 aigGw'U e Gernrn@emGw4' Ili ead astC!RIIXYb4G Saf@ty GernrUU11gk;atU R 91!: X19f@.661iei1q 1 1 e way e adksei!4:!GesApae...)MR9WR...as 11arn e adie.°.'. P4:11:p NPl UUI:faG9 491cH 4:1!'!Gh :149UU imadie Ua igals ai:9 s9i#.,sqd e9G@b49d b U pU9em: 9RaU War@bp SS S@r; G9 C G4 'AR:t 1q1q,411 Gh96lkl R9t b8.U.Ued as...a 6)w11q9Ryr:R ))1: 11 G9' A pX a sOR owe. c" 11 iiIIUUR 4fl; aR UpX14;4 Ga on bef9re the vlflaqe f9r a p griii ) feII � e s � CSV Nt I Comment [NB22]: This definition is unnecessary as it's used in the same manner U XIII uQ�lllw�gp �X�N °�; a uG°II"YJIIC�; �" throughout chp 14. USI .I�wUI GI49G, tk)R) Rd/9e S@V94 r:R9YRtS 9R ..-USX @XbU`t!Rg b04111qg by rneime thaiq 9R8 GaR49l �AG 9 e d9f:!R 4k)R ) II 9I U Rp VVpe @,ess..98 AAG9 p UG11,1:ty,,. Gp.;)Y E 9 p W4 R:..,.A r::R9R P9X� 8 9 44k)9.., ewei Bha bU 1,!8d i9 #18 g 1!:9YRd 91!:9:01 "em p:::p d ¢ p : ¢ ✓a IIS.:A gi:9Yiqd r:R9URt9d S4UG1 9:that aU :41 r:R4 aIIX4q Ieegs and Ge966 IbemaG44c 9..Stl:UG14. St984., N4QNQI La type IXC giceyiqd r:R96lR 8d StPUGW. 9 peatb. 44; Uemlayed a:t #;@ 1eIIX, 914k)Ul G9pl9G,sk)RS eftei1q pave aicimU U a 1Rt9i:rnedaate IIUDS4k)RS G44'Rti E 14 9 11 14 ✓d 11 a.:11 4 99...94 RV) Q II Aid 11 d Il li".... II ne IIX4�Uu 1 89UI:iPcH "l114t 4Rd IIXem�XIIX l t)w.; au �w4U au 14b6l R9:t 4414* lir �,UII�4 U w IIm9U G9U(iU11U 6lGtS pedes4s, aF49RigaU., 9I9G9I UI UURX!G, tk)RG aGt, ...A p eF69 aU WaF@ ;UU s@FLAqe faG44y II.U. i� p UpXpXI qIg1:4t P I e:U k)1: °'G84 64 911 ally 9e !Ra11gG8U UII d 99:191: eGY1 H8114B.U., a 1411 14 ✓d 11 a 11 4 ... 4 Rv) Q4 9. �XrUr::R9: ,14p r::R9 ,� @ Im�U 1,9 69 4: 966 Ullq paG9R69 VXI49SS S&::AG9S,'sqd G9lcRIcR9R Gememael-...Uw!i4eUU p 14 p p¢ II p p-14 )a Il p P p a 1) SII' p 4:::::44NA� A U4UGW. @ cneui4ed a11#9RRa...aU C pX!Ga4y 9Gat8d 9llq..St:6l GW P9S SU 46 StPeet II hts Im ) :!G 4g::#s , watei!: ew ei!:sv..yta4 ..pXeX es U11q' Chapter 14, Article III General Provisions 37 SPECIAL MEETING - September 13, 2016 Page 119 of 449 Updated: September 2, 2016 LJ N LG N S E VVdl'''''4I L 9 SS SI i' Sd21 1;:: G ammeF6al ilsuobi e..seii:vaoes th at ouuuu VV 4 5 SCJ I:4NA th R Fed tIhat llgeam& a R d a:eoei,ves a &uqR a R a d iie4� ep6: (0 rd 4925, 4-21-1998; amd. Ord. 5189, 5-15-2001; Ord. 5219, 11-6-2001; Ord. 5751, 8-4- 2009; Ord. 6029, 9-18-2012; Ord. 6122, 12-17-2013) 114.314: OUTDOOR LIGHTING REGULATION (I'll IEl AIS eu:4doeu ladll#Rqv exoell t fou stueetkghts ...shy 34 be subeot to the...foko4pq 2euueu4' ue2uu4emei#s. 2uci!4t' opauu uepuuluu 4a & fou Il9 311:kai�g dot..-kgh: iu q uuue ip4uuded fug seotuou 41224 9 of* &.oh::iuleu A Sen„eiau IIg.]If ng I' „22uuiieilJuents SII o0doou IigLP,ing:l tL22 P f2.l sPueePli Il Ps „Il ull be suuPu oP to Pllfe folio inn u22ggiieirnents . Glare Onto Adjacent Properties Electric lighting used to illuminate outdoor areas shall be directed in such a way as to prevent light trespass or direct glare onto adjacent properties and rights of way. ,..L......... Fixture Design,: Outdoor lighting fixtures ' shall comply with the following limitations, which the exception of single-family residential 1X2. Full cutoff luminaries with a total cutoff angle of not more than ninety degrees (90°) shall be used. The director of community development may approve cutoff angles greater than ninety degrees (90°) or the use of fixtures without full cutoff luminaries upon submission of information conclusively demonstrating that the proposed lighting will not cause glare on adjacent properties. 2IIfp. All lighting mounted under a canopy, including, but not limited to, luminaries mounted on or recessed into the lower surface of a canopy, shall be full cutoff. 42. Flat lenses are required for all lighting fixtures. 1.u9. Wall lights, where used, shall be full cutoff and fully shielded. qS. Task focused lighting is permitted at gas stations, ATM drive-throughs, and similar uses as approved by the director of community development, and must include an internal louver so the light focuses directly on the task area and does not spill onto the pavement. Chapter 14, Article III General Provisions 38 Comment [NB23]: This section is combined with Section 142219 Parking Lot Lighting, So all lighting standards are in one place_ Comment [IT24]: Change requires mult- familyto complywith full cutoff requirements_ Comment [NB25]: Moved from item 6 below SPECIAL MEETING - September 13, 2016 Page 120 of 449 Updated: September 2, 2016 ell nap I � nt. Val l ne .I pt of II It II' GI II r1iC Comment [NB26]: Moved from 142219 Q fpr pnr h 1 And t 4i Parking Lot Lighting, same regulations indudin 11] x�xl.i. x�xlf.. uxx�xl ilxtu�ur and I : �l�ln :n�i 1]ajI 2allnite d to s ss ...II Irpllu..p the I. IVIct l pp IrnI:Y'r.1„I,. a I'nax„II IJ16'pl o I flitt`....d tl p' .:, ' pl',t.; pd tl l I'..,,. ac c ��Ilxpall2 f2 tax tlluf2 vl! agf Ilx��.��s snu.11 Il)�r constructed �xi rrl���ial, �xl.� x i�u� I In,ai��I I.... 3 Fours Of )eration: All Ili htin shall be reduced to secudt levels Burin hours o novo eratllon GYt the nn(;I a U ie CYn a rC7 eY Comment [NB27]: Moved, was 14 314 F „ LV bfin Rpan_ e U�IY n he bUlllcLm k;rtfYllt �i ItLr Yll� cion tG)r 1ny nG)nrt i�G�k ntlla � Comment [NB28]: Moved, was 14 314 E Bev lorar�Yent or u�Yultllau�Ylily resicpentllal cpeveloaf�Yent shall unc;lude a Iihtlln Ian s.i.ned and sealecp b a raroessional en ineer ancp inc;lucplin,....,t........a:Yi%.n.�.a:Y.u.f:Y,....the . ..........................................................................................................y.................,..........................................................................................g...........................................................................................................g...........:..............:........................:.....................:............................:.......:.... followin ....11....i .v.6. s 1 Light Intensity Levels At Lot Lines: All illumination level readings shall be taken at ground level no more than six inches (6") above grade and shall be subject to the following maximum foot-candles at the lot line II n le reg,O.L.e.l'. en..p....o.f...p:.�::p.1......i'!.,-)se.pp .�.Lon Chapter 14, Article III General Provisions 39 SPECIAL MEETING - September 13, 2016 Page 121 of 449 Updated: September 2, 2016 nlln ..l a �nP'91212�y 12.Il2i1222ll.es Widdin the IIS5 and....zoiNng d„iniiic Pn...that dile il''.`n`. Il p u �ni�n i� p�gq in the Il�...,�...o IIS .... 2111912 EamHv Residential tin rmeildeiq.4l nye cl' a �i l..:�nu �n� em ni �u 1iI IR IPi 11 incl„Bf22 deed, .l. 1...The i 890181 neilgts qft4is syb69Gt1 nR... 11 n �l un91 19 4tIR@ !41� uq th@ -5 aiqd I -5r- Z9R�Il a64GtGhat tae.@Gt, y 4byt aR9th@n1:9p@4y i:!R #18 -5 nim B ¢- 44 II' . Maximumv.eragf „ Illumination Levels II 3 a U „ : The following table summarizes the maximum average illumination levels for a variety of uses: Outdoor sports lighting Park, school, institutional, and industrial uses Lighting for uses other than those listed in the above table shall be reviewed by the Chapter 14, Article III General Provisions 40 Comment [NB30]: New heading for clarity Comment [NB31]: Changes to Illumination levels to correct existing conflicts within the code and are consistent with nearby communities_ SPECIAL MEETING - September 13, 2016 Page 122 of 449 Updated: September 2, 2016 community development director to ensure the proposed illumination levels are appropriate for the property and surrounding area. Comment [NB32]: Moved from 142219 (Off Street Parking) esti... s s �" Comment [NB33]: From Article XXII_ cce>xan rl��n ti� llti> ti�N� l� cc�rva I rrotN� N� r ua�a uc�rati� � t c.l'�N� ....ti� ti� ctuc�n. Fhe tollowin criteria for rnlinimurn illurninatlion and.. maXirnum a r l ury' illur�Ylinatlion .................................................................................... ..::... and URS 4)mil IJ h.Pll be a: Yet for Il..raarklin loth: Comment [NB36]: Moved to 14 314 A4 •.:a.e..$.I.._.ual.r�.e..�..wru• �._ ;... ....g.�.;i above i Chapter 14, Article III General Provisions 41 SPECIAL MEETING - September 13, 2016 Page 123 of 449 IIS ii urs ii Irn �� Irn Average VIII S l a imu m I�w weras�e IIIIIL..: — Levelll a III,'oo - II e Of Devell C. allrldla ��rr� u MVV 1 � t III"IIIl lll� Comment[NB34]: These levels were adjusted to provide IM: J11:faaYlll„ re �dentllal ....... 0A 1 J, consistence within the code and are in-line with surrounding communities_ Uniformity levels are aWd f "'al k t struck as they are not necessary; using a 45 A" maximum and minimum level results in uniformity on a site_ Commercial CD. .„45.0 3 .::p. �aW�tl�, �d"alk"t CD. 3:05 4-4 Comment [NB35]: Revised to be consistent with average illumination levels for the entire property, (table above) ad , 5u,imd and V,nsdtUtbnal, CD. 45.0 �. Ui l'luw, cal"alall�Ui ,J,G: au rt aW e"al�� �aII.Ullr.1'a�42 A°. Comment [NB36]: Moved to 14 314 A4 •.:a.e..$.I.._.ual.r�.e..�..wru• �._ ;... ....g.�.;i above i Chapter 14, Article III General Provisions 41 SPECIAL MEETING - September 13, 2016 Page 123 of 449 Updated: September 2, 2016 1. Upward aimed building facade lighting shall not exceed nine hundred (900) lumens (60 watt incandescent or 13 watt compact fluorescent bulb). All upward aimed light shall be fully shielded, fully confined from projecting into the sky by eaves, roofs or overhangs, and mounted as flush to a wall as possible. 2. Building facade light exceeding nine hundred (900) lumens shall be fully shielded, aimed downward, and mounted as flush to a wall as possible. 3. Building facade lighting shall be fully contained within the vertical surface of the wall being illuminated. 4. Building facade lighting that is measurable at the ground level shall be included in the maximum allowable light levels. Chapter 14, Article III General Provisions 42 SPECIAL MEETING - September 13, 2016 Page 124 of 449 Updated: September 2, 2016 :.i. Exceptions: The standards of this section shall not apply to the following types of exterior lighting: 1. Ornamental Lighting: Low voltage (12 volts or less), low wattage ornamental landscape lighting fixtures, ouP f 9ooll f9.l..p „p 1L.g„II]P„i,ng,, and solar operated light fixtures have self-contained rechargeable batteries, where any single fixture does not exceed one hundred (100) lumens. 2. Seasonal Lighting Displays: Lighting displays, which are installed for less than seventy five (75) days over any continuous twelve (12) month period. 3. Lighting For Safety Or Security: Upon finding by the police department that outdoor lighting in specific areas of the community, that otherwise meets the requirements of this section, is not adequate and additional lighting is necessary to improve safety or security for the property or its occupants. (Ord. 5380, 11-4-2003; amd. Ord. 5546, 2-7-2006; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013) I�onconforrr7inc: i.....i . fatinc:: An li . h.tinc: that does not conform to the re ulations g...............g.......................a�0....................................................................................................................................................................................................................0 oukli„ned ab rve sll 11 be rr7,ade ko,conforrr7 by rneans of alteraklon no 4teF thap ..:: 14.315: CONVERSION OF SINGLE-FAMILY RESIDENTIAL ATTACHED GARAGES: 6l The conversion of a single-family residential attached garage into living space shall be permitted subject to the following conditions and all other applicable regulations within this code: -4}® AA new garage space equal to or greater than the amount to be converted shall be provided. The new garage space shall provide sufficient space to park the same number of vehicles as exists in the garage space to be converted into living space. B. Jhe garage door that provides access to the area that is to be converted into living space shall be removed and replaced with exterior materials similar in style and color to the home's exterior. C. tThe existing driveway which serves the garage area to be converted into living space shall be removed and a driveway serving the new garage shall be provided in conformance with section 14.2215 of this chapter. (Ord. 5426, 4-20-2004) 14.316: UNENCLOSED PORCHES IN THE REQUIRED FRONT YARD SETBACK: J Chapter 14, Article III General Provisions 43 SPECIAL MEETING - September 13, 2016 Page 125 of 449 Updated: September 2, 2016 A. Action By Director Of Community Development: The director of community development shall hear and decide as final administrative authority, petitions for unenclosed porches in the required front yard setback. Petitions which require review by the planning and zoning commission for additional relief shall be decided by the planning and zoning commission. B. Petitions: With respect to petitions for unenclosed porches in the required front yard setback, the director of community development shall make findings of fact based on the petition and public input according to the following standards: 1. Whether a site line obstruction will be created. 2. Whether materials used in construction of the porch will be consistent with the remainder of the structure. 3. Whether the design blends with the existing structure and neighboring homes. 4. Whether the proposed porch is in character with the neighborhood. C. Filing Of Applications: An application for an unenclosed front porch in the required front yard setback shall be filed with the director of community development on forms obtained from the community development department. Such form shall include all information necessary for processing the request, including, but not limited to, legal description of subject property, survey, site plan, description of building materials, appropriate proof of ownership or other authority to file the application. The application shall be filed with the appropriate fee as set forth in appendix A, division II of this code. D. Hearings: Administrative hearings shall be held only for unenclosed porches in the required front yard setback and must be in compliance with the provisions of this section. 1. Upon receipt of an application for unenclosed porches in the required front yard setback, the director of community development shall review the application for completeness and assign a case number to the request. 2. For all applications for an unenclosed porch in the required front yard setback, the department of community development shall notify all owners of record of property lying within one hundred feet (100'), of the subject property. The applicant shall attest in writing that the list of property owners is true and accurate. The director of community development shall cause a copy of the public notice to be mailed to all property owners on the list no more than thirty (30) days nor less than seven (7) days prior to the hearing. 3. An administrative notice shall contain the case number assigned to the application, the address of the property, a brief statement on the nature of the request, the Chapter 14, Article III General Provisions 44 SPECIAL MEETING - September 13, 2016 Page 126 of 449 Updated: September 2, 2016 name and address of the property owner, the petitioner and their legal representative, and the date, time and location of the administrative hearing. 4. For all applications for unenclosed porches in the required front yard setback, the director of community development shall also cause one or more signs to be posted on the subject property. 5. The number and location of signs shall be determined by the director of community development. 6. The sign must be a minimum of thirty inches by thirty inches (30" x 30") in size, having letters a minimum of two inches (2") high, and contain the following information: a. That an administrative hearing that affects the subject property will be held, with direction to interested members of the general public to call the community development department for further information concerning date, time and place and subject matter of said administrative hearing. b. Any interested person may appear and be heard at the hearing and such appearance may be made in person, by agent (if a corporation), or in writing. E. Standards: No front porch in the required front yard shall be approved by the director of community development unless it is found: 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; 2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located; 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; 4. That the porch as designed is unenclosed and does not encroach more than five feet (5) into the required front yard; 5. That no site line obstruction will be created; 6. That building materials will be consistent with the remainder of the structure; 7. That the design blends with the existing structure and neighboring homes; and Chapter 14, Article III General Provisions 45 SPECIAL MEETING - September 13, 2016 Page 127 of 449 Updated: September 2, 2016 8. That the proposed porch is in character with the neighborhood. F. Appeal Of Director Of Community Development Decision: Any individual may file an appeal of the decision of the director of community development regarding an administrative conditional use with the planning and zoning commission. Such appeal shall be filed with the director of community development within five (5) calendar days of the director's decision. G. Conditions And Guarantees: In all cases where an administrative conditional use is granted, and conditions regulating the use are established as described in subsection E of this section the director of community development shall require such evidence and guarantees as it may deem necessary as proof that the conditional use complies with all regulating conditions. H. Conditional Use Revocation: 1. In any case where the construction of an approved front porch encroaching into the required front yard setback is not substantially underway, or building commenced within one year from the date of approval, and completed within eighteen (18) months, then, without further action by the village board, the conditional use or authorization shall be null and void. 2. This conditional use may be revoked by the director of community development if the porch constructed on the site does not conform to the established conditions for approval. Any decisions by the director of community development may be appealed to the planning and zoning commission as prescribed in subsection 14.20263 of this chapter. (Ord. 5639, 7-17-2007; amd. Ord. 6144, 5-20-2014) 14.317: ENVIRONMENTALLY SENSITIVE DEVELOPMENT TECHNIQUES:Il The village of Mount Prospect is committed to encouraging the use of environmentally sensitive development techniques in order to improve the quality of life and environmental health of the community as a whole. Green building design is a technique which incorporates design principles and strategies that limit the energy demands of buildings and also create healthier living environments within them. Green building techniques may include, but are not limited to, green roofs, reflective white roofs, permeable paving, stormwater harvesting, use of landscaping to reduce thermal demand, and use of reusable energy sources. This section provides direction on common green building design practices. While not a comprehensive list of all potential green initiatives, the village encourages property owners to follow green design principles. A. Wind Energy Conversion Systems: The village of Mount Prospect has found wind energy conversion systems (WECS) to be a viable and useful method of localized energy generation. Conditional use permits to authorize WECS are allowed in all Chapter 14, Article III General Provisions 46 SPECIAL MEETING - September 13, 2016 Page 128 of 449 Updated: September 2, 2016 zoning districts. Due to the specialization and technical nature of WECS, the following criteria have been established as minimum standards for the recommendation and approval of such permits. 1. No more than one WECS shall be permitted per zoning lot. More than one WECS may be permitted for commercial and industrial properties, subject to the approval of the village board. 2. Rooftop mounted WECS: a. Shall be set back at least twenty feet (20') from front or exterior building lines, and at least ten feet (10') from side building lines. Setbacks shall be measured to the widest point of blade rotation or to the side of the WECS, whichever is greater. b. Shall be limited to a height of no more than fifteen feet (15') above the roof peak or top of a parapet wall, whichever is greater. Total height shall be measured from the highest point of blade rotation or the highest point of the WECS, whichever is greater. c. Shall comply with all noise regulations of the village of Mount Prospect. d. Shall be safely and securely attached to the rooftop in compliance with the village of Mount Prospect building code. 3. Tower mounted WECS: a. Shall not be permitted in single-family residential districts. b. The WECS tower or any associated structure shall comply with the minimum setback requirements of the zoning district in which the WECS is located or be set back a distance equal to 111 times the total height of the structure from any property line, whichever distance is greater. Total structure height shall be measured from the highest point of blade rotation to the ground. c. A WECS tower shall be set back a minimum of twenty feet (20') from any principal structure on the property. d. The maximum permissible height of a WECS tower shall not exceed eighty feet (80'). e. Rotor blades or airfoils must maintain at least twelve feet (12') of clearance between their lowest point of rotation and the ground. f. All climbing apparatus affixed to a WECS tower shall terminate twelve feet (12') short of ground level. Chapter 14, Article III General Provisions 47 SPECIAL MEETING - September 13, 2016 Page 129 of 449 Updated: September 2, 2016 g. All WECS facilities shall be enclosed within a building or surrounded by a six foot (6') high safety fence. h. All WECS towers shall be constructed with an approved concrete foundation. 4. All WECS structures, including roof mounted, towers, and accessory buildings, shall conform to the appropriate village related rules and regulations pertaining to their construction, design, operation and maintenance. 5. WECS shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot. 6. The applicant shall submit documentation that the proposed WECS will not create a nuisance to adjacent uses. In no event shall the noise level produced by a WECS continuously exceed sixty five (65) decibels as measured at the property line. 7. No WECS shall cause electromagnetic degradation in performance of other electromagnetic radiators, receptors, or generators of quality and proper design. The village reserves the right to revoke any conditional use permit for a WECS system whenever electromagnetic interference from the WECS is evident and cannot be corrected. 8. WECS shall not be artificially lighted, except to the extent required by the FAA or other applicable government authority. 9. All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components. B. Solar Energy Conversion Systems: The village of Mount Prospect has found solar energy conversion systems (SECS) to be a viable and useful method of localized energy generation. SECS shall be permitted in all zoning districts in accordance with the following minimum standards: 1. Rooftop mounted SECS: a. Shall not project higher than the maximum building height permitted for the zoning district. If mounted on an accessory structure, the SECS shall not project higher than the maximum height permitted for that structure. b. I1 mounted on a xltched roof,shall be mounted flush t lth the slop g of!t� e roof Comment [NB38]: Removed restriction on u��W xlluIl not extend %ppifi�u��i i.... area due to research of neighboring min t d�„ve I inches es 1 '') f2I I n d ue roof suhface at «SIL...y. communities_ pgnt &I!S shah not extgl)d. gygxl) ' d)g ridggjine of the roof at any pgnt to 4:ted to a e c (4 QOQ).sq a ima...ee:t, ptlGhe ei ax p866 a e 9xuxt@d eiiq aur Rgg9d i:99ilgd.41sx1 Flo f1:9ra :Ju t,9u 1 eeadways uxt /eIlpicepx@4e 9x...11 e r:R xllim um Geveeage s[;at...be Chapter 14, Article III General Provisions 48 SPECIAL MEETING - September 13, 2016 Page 130 of 449 Updated: September 2, 2016 m99aul lined of rareauu19 iiq a reef sew i;at seal aal-rays as r9 G914rlp 9`t9ly...cu,l 88llg9d tP9r:uu vew va as a Ilpaicapet wa4 9P G911 J lRa 9US SGP98R c. Shall be safely and securely attached to the rooftop in compliance with the village of Mount Prospect building code. 2. Ground mounted SECS: a. Shall not be permitted in residential zoning districts. b. Shall satisfy the applicable setback requirements for an accessory structure on the zoning lot. c. Shall be limited to a maximum of one hundred (100) square feet in size. d. All ground based utilities associated with the SECS shall be appropriately screened in accordance with the requirements of section 14.304 of this article. e. A maximum of two (2) ground mounted SECS shall be permitted per acre per property. 3. Gy are IInsta atl:ions of tllue...so air- e ii)g� �,y ggowrgE§iionr sy§tei,ns sllna Ilr�r ess:,gl)gd to ayy lat llwa awl.l. a PI'�wllu onto lu nrP...11yl�wp ltln uua...atlu iiui I�wyy i l �wnm suurfac sIhaH have non re l�ru,YPve l',iNisIh and sIhaH Ilr� uw��w ol-.w:;�� oru11'nated to .......................................................................................................................................................................................................................................................................................................................................... mrrnonlze with roof rnatei-114s and other dornrn ant uwd'oraa of the structure ..................................................................................................................................................................................................................................................................................................................................... All SECS structures, including roof mounted, towers, and accessory buildings, shall conform to the appropriate village related rules and regulations pertaining to their construction, design, operation and maintenance. (Ord. 5751, 8-4-2009) lRequuiatuierii&I eir I 4�riiG4a&AIrid aalls:l Comment [NB39]: New section, double underlined text is unchanged from current code_ 1 C.;eirua i4ll IlPirwuwllw~ullwulruw Ilt w~ulh14lll Ike ulrullauw tuull twu a;wulriistlruuct, eirect wulr; Irept ace aulruy feirice, wutltuwnuut tulraat wnikwtauulruulruy au �,nu;lrlrruut tlrwnlruu tltuu; w;wnlruulruuuulruuty utuwau;llwnlrwlruuu;lrut utu;�waulrtlruuu;lrut 1 Ituu; twu;lrlrrullt Irnaty Ikea; � Ir ,ulrutu;ut wnirully Ilt the twlrwQw,na~ed tu;lruce is in w;wnlruujpwl aulriice wawlltltu the p[ yllsllwnlriis wnt tltids w,wnute IF wnlr the lrwuulr wwna u a wnt tlhids a ectllQ,;nlry, tlra;estaulru(Ting yygll .a a~ult4lHll Ikea,' w,w:nlrua~vuutu;lra;at tu;lruw;u;ua. .. �II-Nu;otlltut And II wnw, utuwnlru au :`1 SepaIratIkQDiru VtClheire e)coa~utolru.g utlraulllriia ge Ipautteirlr s waww:nuullut Iruwnt Ikea; auu veira~vdy ulruu.w uw;tu;ut au Iruu a>culruuuulrut.wnt t wQD inchi ""� a u, w ulr utuwnlru a~ulh14lll Ikea; .iruu�ulllrutauli.lrue� Ike wawu�en I .._.. .._._.. .._.. the tu�lruce � ind the .�����°��nll ull Nagy f�aa�a1� day I�aa�yual� fla�� a�a1� ayua��d� alaa�iiaua���� . IFences. o adod_-across drain slldHl tit?_a r,lYnaXIIIYInu,IYIYn ofsix IIIYtlthe�3 _gLbove Chapter 14, Article III General Provisions 49 SPECIAL MEETING - September 13, 2016 Page 131 of 449 Updated: September 2, 2016 (1),2:: l eaur And Iliritei nwnir E3ki ; Yaird& I: ernces rnnauy be urnnrtaullHed in the irear auirnd urn�n;rnwnr nrunn; y uirnnr, �nirwnwrunn;n auirny �nirnw,n; unr Ilwnw;au�n;n Iknn;l�nuirnn �I�nn; �irwnirn� Iluirnn; wn� �I�nn; pirnirnw,okll bu:Jkjirij nrtiruuctuuire II f an feirice us ricA Ilceu a ted aullwnri an pn[w2 e[jy Iluirie thein. suuffow;leirnt access rnnuunrt be Irnirwnwru jed twn the area Ibetwrweei n ferice aurnd p~ [r ?lpg[jy fine twn aullllwnr �QDIrnirwn�nn;ir irnnauuirn�n;irnauirnw,n; �: > ruirnnirnnuirn� Ilm wnwnll II n;irnw,n;n n;irnw,n;nr auiryn au�n;nr at Ik;aunrt �QDUuIr n;n;� : Iknuu� irnwn� � irn;au�,;ir tIhai n fuvn feet in Ihn;ugh! !Qn a,Qnirnnpn e!dy a yinrQnuurnd a Wi nnirnnl IpgQn lls QAlheir tIhain nr ruirnnirnnuirn nwnwnll,r I�nauwruiryl a moused neck at Ik;aunrt kxvr feet rbe p, aced as RQDIIIcwrw` (1),XcI rig the peidirnieteir wnf the IpcxD fl .walk areas, whir; (2�LXcI rig the peidirnieteir wnf the IlwA as (Jesw,rnlbed in suulknnrn;cbcu rn 51E) e wA tlhnun~u n�n;w;�uw°nirn. Chapter 14, Article III General Provisions 50 Comment [NB41]: The exhibit in 142501 is incorrect and Section 14.304D1 b does not currently exist. Comment [NB42]: The exhibit in 142501 is incorrect and Section 14.304D1 b does not currently exist. SPECIAL MEETING - September 13, 2016 Page 132 of 449 Updated: September 2, 2016 (L VVtnQ;rn RjaQ,Q;QJ Witlhnorn tIhe:::2 ;irirrn tte(J Iknuu kjaulknlb a irean Qj : irQ;aauQ Q;irn�uaull nirQn�nQ;ir `y: aurn area feini e rich Ilcnini er thaurn Q;ooIhnteein feet (18V) in IIQ;rnothi pirc coded thaui it is lcnca ted Witlhnorn the ireit yauirQ� �u�IIQ VVI�nQ;irn �rnlla-uQ,Q;Q� aullQnirn, �I�nQ; irQ;auir Qnir Q;>c�Q;rnQnr aauQ�Q; IIQn� IluirnQ; WI�nQ;irn aauuQ,l�n irQ;auir Qnir: Q;xteirnQnir slide IIcA Iluinie abuts aurn aurter4l rcod as defliinied Ikny the Q,QnirnnpirQ;Ihiei nsa ve �nllauirn Qn� �I�nQ; r+ullllau�Q; auirnQnirQnr+liQQ;Q �I�nau� au QnirnQ �QnQn� aaQ;�IknauQ,lk uaa irnnauuirn�auuiry;Q firQnirn,n: �I�nQ; irQ;auir Qnir Q;>c�Q;rnQnr a~vuQ�Q; IIQn� IluirnQ; aulknuu��uirn �I�yIQ; aur�Q;rnaull irQnauQ�„rn,l�n� Qn� WauQy, a~IrnQ gQ flQ,�,ulllly suuppgjr frig an [q[ngQ; rn gy g2(geed the alrnu~nllk ablbIhQ;ig[� it Ilurnnut„ Ikny g; nnau>cuirnnuuirnn Qn� Q;u l�n� uirnQ,I�nQ;a ”" „ 1 I�nQ; irQ Q uuuirQ;Q aaQ; nauirau�uQnirn RQDir dir6rnau n; jamQnses aalh14lll rncA Ike Q,Qnu.urnted tcwaurd the feini e h6ght urnnuta bco i is j 0 Ljbo utyII E'aseirnneinit& I""Ihe QA feini es in lino ty Q;a seirnnei nts is aauulknject tcn nl�nQ; Q,QnirnQ�u�uQnirn Qn� �I�nQ; Q;auaaQ;irnnQ;irn�. k aan� lkn Qr � ua lkn as a �" Qair ,� as widtlhir�; a tut n r irnlQa ranQnr r Ikea ru W rirn y; 1 I. a II~ ecirea bco irnaull II bQ,ullut:l OMirn aMarltn Q,ILnauornllorn�ar uu n:::Qn �WQ;iry y �Q;Q;� Q�" airy. �yQ;ul�n� it nauy IknQ; �nQ;irirrnu��Q;Q a uuirirQnuuirnQuirn� irQ;Q,irQ;au�uQnirnaull �auQ,ullu�uQ;aa aauuQ,l�n aua �Q;Irnlrnllaa Q,Qnuuirar,: a thiel tk, ,�Q)kjs, cit sirnnula-air uses ,suuknpect tcn the au [n [pygl Qnf the Q,Qnirnnirnnuuirnuty . Q�Q;arQ;IlQn�nirnnQ;irn� Q�iiirQ;Q,�Qnir Chapter 14, Article III General Provisions 51 Comment [NB43]: We measure fence height from finished grade_ Comment [NB44]: Relocate to accessory structure/permitted obstruction sections_ Arbors are different than trellises and they are not fences_ SPECIAL MEETING - September 13, 2016 Page 133 of 449 Updated: September 2.2010 A�Permitted Obstructions |nRequired Yards :: tJ structures shall be allowed to encroach into the required yards, as follows: Encroachments Permitted inRequired Yards aedetermined bythe Building Setback Line Chapter 14, Article III General Provisions 52 SPECIAL MEETING - September 13, 2016 Page 134 of 449 Updated: September 2, 2016 P P P P P P P P I P P Comment [NB46]: "Direct" is vague and difficult to enforce_ Comment [NB47]: Any sidewalk in a required front or exterior side yard can be up to 8' in width_ Lot Coverage maximums control front P P yard coverage P P P P P P P P 1 P 1 P 1 P SPECIAL MEETING - September 13, 2016 Page 135 of 449 Updated: September 2, 2016 Off street Ead� regulations noted in Article XXnU II � II � )ecorative outdoor structures:1 i rnaxl:Irnuiln foot�2J!nt of four (4) �ggaEg [22t:i ma!Irnurn of two (2) �tructures p2E 21� wlth a rnaxllrnurn I l6gl]l 2L 2�gj]j Outdoor storag2 ga2nets, sU,-)l2gt to E211ses, not to exceed 6g!)t f221 i 1] a and totalMdth of ten feet IQ'), rDaxlrnurn of two (2) sjlluctures 22L Dgt to exceed a Mdth of Nye (�l a dgpjul of three feet ,a bd!4l„'ut of g�!gj]t feel Wd l a rnl111I11,Irl urn set�back of three feet from s�:,de Iot :nes Central air conditioning units, generators, and similar mechanical equipment, sU,-)lect to the ireg0remets iinCoti:s sUL)sedon P 1 � c2Pjbns ot Cover gg pd Ejg2E Area �Rati!o Permitted obstructions shall comply with 2 requirements for impervious surface and floor area ratio as defined in this chapter yId l except�lon of outdoor storagg ga�2�nets, decorat�ye outdoor structur s:1 rain i UgEEgjx, gEbors and treHl:ses. 2 a I� :1n�ulAng Permits._A building permit is not required for the following permitted obstructions: outdoor st�®rae cabinets:, -)as[keH,-)aH stai2dards:1 decoratliye outdoor structures, ran n -)ai-i-6s,-ai1,-)oi-s and trellises, as defined in this chapter. 3 errnl:tted ox,-)structbns as Ilsted IIIo sectbin 14 1`319 sll laHl not conti-i:I,-)Ute to tyle tota� nurnl,-)ei- of aessoa xtEggtgEgx pf2llDl,tted Ilx l 21 ax E2g�l2ted In secdon 14 306 of i�s chapj2�:: C AM, ona�Ili e Orements for Ierrnl:tted U,-)sirucdons . ... ..................................... af2gL��Ra�ln -mi-i-6s �ocated in extei-�12� ��,de y2Ed� SImH L)e screened v�:,a ands, 2d Comment [NB50]: This is covered in the table 11f2dgg,,Ra�irl bairir6s sh41 �ble e(jUpped Wthi a scireeirl pireveint insect rlest�irlo airld above - Chapter 14, Article III General Provisions 54 SPECIAL MEETING - September 13, 2016 Page 136 of 449 Updated: September 2, 2016 rnlrnnykje ai n Qwerfllnnw sy !gol inn (Tinct excess i4rlwateir away � (rn irnn the lrnlrnrnng[ Iknunull��ulrn, n~u�lru.nn,�unlrr;,, 3 Outdoor...x p.o.I:...2...g..�.Ln.e is n xlrlrnurnl...o one (I gd2gE nt2E2gg n:Ilnlrn P I'x p l nlp„Pn x p is I2P.. SzeIOutdooi- storagg gs"4b,IIrnets nlnaH Isnot exceed one hundred (I ) ggl,c feet Comment [NB51]: Verify size restrictions in nl e .. and nll'n l l Isnot exceed a I n6gj]P gf n2y2D (K) feet c II inn t;,:ons Outdoor xtoragr.gIlnllroets shaH..R"not Il, -)e �ocatedin a Ie.grnlled fi-o nt:1 xl e, and exieliol nlde..yIdn...ur Us fiftm flye leel () in Wdth or inn, Ouunx'rara.... n rnr n C nll nus n nll'r n�� II n II nCllr II'rr rrnlrrr nus interior node or rear drat Hine. On bts renter in Wdth than fnfd fine ° rnu,unr�rnrnr n�rnr�n C�nll liar �n ill afl be net II ack fine feed frons an” it rior n.1 dG or II"C;xgll" bt Hine Comment [NB52]: Same distance from lot line as other accessory structures rW,st ince that I',n reasonM,-)le safe ................................................................................................................................................. 1. 98 n,R n ll4t@ 21 Gft4G G9& Chapter 14, Article III General Provisions 55 Comment [NB53]: This section is added to ensure proper clearance for all vehicles, peds and bikes at the intersection of two public walks, or where a driveway meets a public walk or street. The 10' triangle and 3' max height is consistent with our fence regulation requirements_ Comment [NB54]: The sections are referenced in the regulation so a footnote is no longer needed_ SPECIAL MEETING - September 13, 2016 Page 137 of 449 Updated: September 2, 2016 1u eteSee a gi!Gwq XX did eft l; Chapter 14, Article III General Provisions 56 SPECIAL MEETING - September 13, 2016 Page 138 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Article VI ZONING DISTRICTS' � 121 14.601: DISTRICTS: 4 .602: ZONING MAP: 14.604: l; USE TABLES: 14.601: DISTRICTS:'Z 111 For purposes of this chapter, the village is hereby divided into the following zoning districts: A. Residential districts: C-R Conservation recreation R -X Single-family residence R-1 Single-family residence R -A Single-family residence R-2 Attached single-family residence R-3 Low-density residence R-4 Multi -family residence B. Office and business and industrial districts: B-1 Business office B-2 Neighborhood shopping B-3 Community shopping B-4 Corridor commercial B-5 Central commercial B -5C Core central commercial O/R Office research 1-1 Limited industrial 1-3 Solid waste handling (Ord. 4590, 9-21-1993; amd. Ord. 5589, 9-19-2006; Ord. 5751, 8-4-2009; Ord. 6029, 9-18-2012) 14.602: ZONING MAP:'' ..-U "°' A. The location and boundaries of districts established by this chapter, are shown on the zoning map of the village, incorporated herein as part of this chapter and as amended from time to time by the corporate authorities of the village. SPECIAL MEETING - September 13, 2016 Page 139 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 B. The following rules shall apply with respect to the boundaries of the various districts as shown on the zoning map: 1. District boundaries shall either be the centerlines of highways, streets, alleys or easements. District boundaries shall also be the section, division of section, tract or lot lines of a parcel. Boundaries indicated as approximate shall be considered to meet the above provisions. 2. The zoning ordinance and map shall be available at the village hall. (Ord. 4590, 9-21-1993; amd. per correspondence dated 6-16-1994) 14.603: ZONING OF ANNEXED LAND 'Z 111 On land annexed to the village, after adoption of this chapter, no building or structure shall be erected, enlarged or moved, and no change in the use of land or existing buildings shall be made until an ordinance designating the zoning classification of such land is adopted by the village board. Unless subject to the terms of a preannexation agreement, all properties annexed to the village shall automatically be classified an R -X single-family residence district, until such time an application is filed to amend the zoning classification of such land. (Ord. 4590, 9-21-1993) 14.604: LAND USE TABLES:�1' .. 11'' The following tables provide direction on land uses which may hereafter be established in the associated zoning districts as either permitted or conditional uses. Land use table 1 of this section regulates land uses located within the C-R, R -X, R-1, R -A, R-2, R-3, and R-4 zoning districts and land use table 2 of this section regulates land uses which are located within the B-1, B-2, B-3, B-4, B-5, B -5C, O/R, 1-1, and 1-3 zoning districts. For the following two (2) tables, permitted uses shall be identified by a "P" and conditional uses shall be identified by a "C". If a space is left blank the use is not permitted in the respective zoning district. LAND USE TABLE 1 RESIDENTIAL AND RECREATIONAL ZONING DISTRICTS 111,11111 111,11, "I'll, 111,11111 C- R- R- R- R- R- R 11 - houses of worship SPECIAL MEETING - September 13, 2016 Page 140 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Circular/dual frontage driveways C C C C Colleges and universities C C C C Community centers C Conservatories C Convalescent homes/nursing homes C Cultural institutions C C C C Daycare center C C C C C Daycare home P P P P P P Detention or retention facilities C Dormitory accommodations C C C C C Elementary schools P1 P1 P1 P1 P1 Family community residence (located at least P P P P P P 1,000 feet from another family community residence) Family community residence (located within 1,000 C C C C C C feet of another family community residence) Foster care homes P P P P P P Garages for arkin of commercial vehicles g parking ... C C Golf courses P Group community residence C C C CC C High schools P1 P1 P1 P1P1 Home occupations P ..... P .... P P P ........ P Libraries C C C C C Lighted ball fields C More than 1 garage C C C C -family dwellings P .......Multi P Municipal buildings P1 P1 P1 P1 P1 SPECIAL MEETING - September 13, 2016 Page 141 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Museums C C C C C C Nature preservation areas P Parks and playgrounds P Planned unit developments C Personal Wireless Service Facilities, Structure P P P P P P P Mounted Private or parochial schools 1 1 P1 P1 P1 Public recreational facilities P Recreational complexes C Rehabilitation homes C C C C C C Residential planned unit developments C C C C C Senior housing when approved as part of a PUD C C Single-family detached dwellings P P P P P Studios C Tennis courts, swimming pools, volleyball courts, P and similar recreational facilities Two-family dwellings P P Unenclosed front porches attached to a single- C C C CC �.... C family residence Unlighted ball fields l P Notes: 1.Permitted in limited circumstances. A conditional use shall be required if the following circumstances apply: a.A residential dwelling unit is being converted to the proposed use so as to be the principal use of the structure; or b.A new building or structure is to be constructed on property less than 40,000 square feet not currently in use for the proposed use. LAND USE TABLE 2 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS SPECIAL MEETING - September 13, 2016 Page 142 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 SPECIAL MEETING - September 13, 2016 Page 143 of 449 B- B- B- B- B- B- I- 11- Land Use 1 2 3 4 5 5C O/R 1 3 Accessory structures P.... P P P P P P P.. P Accessory uses (10 percent retail of P permitted uses) Amusement establishment C C Amusement establishment indoor only C P C C Animal daycare center and kennels C C C C Animal hospital and veterinary clinics C C C C Antique shops P P P P Archery ranges, shooting galleries C C Art and school supply stores P P P P Art and woodcraft studios P P P P Art, sculptor, and composer studios P P P P Art shops or galleries (not auction P P P P rooms) Automobile accessory stores P P P P Automobile fueling stations C P C C C Automobile garages P C C C Automobile leasing/rental agencies P P P Automobile maintenance and service C P C C C center Automobile sales, new or used (with 2 C acres or less) Automobile sales, new or used (with C P C C over 2 acres) Bakeries P P P P P P Banks and financial institutions C P P P P P SPECIAL MEETING - September 13, 2016 Page 143 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Banquet halls P P Barber and beauty shops P P P P P Bicycle sales, rental and repair P P P P Billiard and pool halls C C C C Boat showroom sales .and repair C Bowling alleys P P P P Business machine sales P P P P Camera and photo supply stores, film P P P P developing Candy and ice cream stores P P P P P Car wash C P C C C Carpet and rug stores, retail sales P P P P Cartage and express facilities C Catering services C C C Children's recreation centers P P P P China and glassware stores P P P P Clothing and apparel retail stores P P P P P Clothing and costume rental stores P P P P Clubs and lodges C P P P P Coin and philatelic stores P P P P P Colleges and universities C C C C Commercial greenhouses and nurseries P Compost collection facility C C Computer offices and facilities P P P P P P P Computer sales, service and P P P P accessories Concrete fabrication C SPECIAL MEETING - September 13, 2016 Page 144 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Contractors' architects' and engineers' P P P P P P offices Contractors', architects' and engineers' C. storage yards Contractors' showrooms P P P P Convenience stores P P P P P Convention and exhibition halls C C Cosmetology schools P P P P C Dairy products, retail sales P P P P Dance and music academies/studios P P P P P P Daycare centers C C C C C C C Department stores P P P P Drive-through and drive-in establishment C C C C Driving schools C P P P P Drugstore/pharmacy P P P P P Dry cleaning and laundry establishment P P P P P Dry cleaning plants P Dwelling units, located above the first C P P floor Dwelling units on ground floor C C Exterminating services P Floor covering store P P P P Florist P P P P P Food store, grocery store, meat market P P P P P and delicatessen Funeral homes C C C Furniture store P P P P Furrier shops L L P L P SPECIAL MEETING - September 13, 2016 Page 145 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Gift shop P P P P P Hardware store P P P P P Health services, clubs, recreation P P P P centers, or gymnasiums Hearing aid stores P P P P Heliports C C Home improvement center (no outdoor P P P P storage) Home improvement center with outdoor C C storage Hospitals C Hotels and motels C C P P P Household electrical appliance stores P P P P Interior decorating shops P P P P Jewelry stores P P P P Lamp and lighting fixture stores P P P P Laundries P Laundromat, automatic, self-service only P P P P P Lawn and garden equipment and supply P P P P Leather goods and luggage stores P P P P Libraries P P P P P Light assembly and repair P P Liquor stores, packaged goods P P P P Locksmith shop P P P P Machinery sales C Mail order, catalog stores P P P P Mail order houses P SPECIAL MEETING - September 13, 2016 Page 146 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Manufacturing heavyC Manufacturing, light P Martial arts school P P P P Massage establishments C C C C Medical or dental offices .... P P P P P P.. Miniwarehouse P P Motorcycle, snowmobile, or personal C watercraft sales Municipal buildings P P P P C P Museums P P P P P Music stores P P P P Musical instrument sales and repair P P P P Office machine sales and servicing P P P P Office supply stores P P P P Offices, business and professional P P P P P P P P Optical, orthopedic and medical P P P P appliance sales Outside display and sales C C Outside service areas C C Paint and wallpaper stores P P P P Parking lots, other than accessory C C P C C P parking Party supply stores P P P P Personal Wireless Service Facilities P P P P P P P P P Pet shops and grooming establishments P P P P Petroleum tank farm and related C accessory uses Photo developing and image transfer L L P L P SPECIAL MEETING - September 13, 2016 Page 147 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Photography studios P P P P Picture framing P P P P Planned unit developments C C C C C C C C C Plastics processing C .._Post office......... P ....P P P Printing and duplicating P P P P Printing and publishing establishments P Public utility and service uses C C C C P .... Public works and park district storage P yards and related facilities Radio and television stations, studios C P C C P and towers Recycling collection centers C P Religious institutions C Repair, rental and servicing of any article P P P P of which is permitted use in the district Research laboratories and testing P P facilities Restaurants P P P P P C C Restaurants, including entertainment P P P P C and dancing Secondhand stores and rummage shops P P P P Shoe stores P P P P Sporting goods stores P P P P Sports training and teaching C C C establishments Stadiums, auditoriums and arenas C C Tailor shops iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillilliillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillI P P P P P SPECIAL MEETING - September 13, 2016 Page 148 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Tanning salon P P P P P Taverns and cocktail lounges P P P P Taxi dispatch centers C C P Theaters P P P P ...Theaters, drive-in ..._C Ticket agencies P P P P Tobacco shops P P P P Towing agencies P ...Toy shops......... P ....P P P Trade or vocational schools (excluding P C cosmetology) Trailer and camper sales and rental C Transfer stations for refuse disposal C Travel agencies P P P P P Truck sales, rental and repair C Tutoring center P P P P Warehouse, distribution and storage P P facilities Watchman's quarters P P P P P Wholesale establishment P P (Ord. 5751, 8-4-2009; amd. Ord. 6029, 9-18-2012; Ord. 6112, 12-17-2013; Ord. 6147, 7-15-2014) 0 SPECIAL MEETING - September 13, 2016 Page 149 of 449 Amendments to Height: Based on Calculation from Finished Grade to Peak of a Roof (instead of mid -point) 14.805: BULK REGULATIONS: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R -X district: 1. Residential Buildings: The maximum height of a residential building shall not exceed ....five feet (L09,5'). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed 2u,ty l#'ty Tuve feet (L035') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. 14.905 BULK REGULATIONS: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-1 district: 1. Residential Buildings: The maximum height of a residential building shall not exceed„IliipIT„ f vetw feet ( a '). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed 2u,ty l#'ty Tuve feet (L035') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. SPECIAL MEETING - September 13, 2016 Page 150 of 449 Amendments to Height: Based on Calculation from Finished Grade to Peak of a Roof (instead of mid -point) 14.1005: BULK REGULATIONS: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R -A district: 1. Residential Buildings: The maximum height of a residential building shall not exceed„IliipIT„ f vetw feet ( a '). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed 2u,ty l#'ty Tuve feet (L035') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. 14.1105: BULK REGULATIONS: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-2 district: 1. Residential Buildings: The maximum height of a residential building shall not exceed„IliipIT„ feet ( '). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed 2u,ty l#'ty Tuve feet (L035') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. SPECIAL MEETING - September 13, 2016 Page 151 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 Article XXII OFF STREET PARKING AND LOADINGZI LJ 14.2201: SCOPE OF REGULATIONS: 14.2202. OIL illG11'l 161A111 U A Qi OUSE: ............................................................O w 16 2266 III....AIII III IIII O 6!!411W1111NG A140 LOAI::1I1116G III'AOIIII...I VIII ..w 14 2206 6"'111 ZMISSIAIII u'AIII'''� l N G AI6111I LOA III..IIIING I ACII::I III II S..w. 14 2206: O I III !' S III I I I!!6111 MOTE I °i A1''611II6G FAGIII III°I°°.IIIIII.S.w. ::1472207!w RA1' III(ING AI III A I'IIII SIGI6w 14.226644: ACCESSIBLE A KI G REQUIREMENTS: 221 LAM';') 111AI"1„41NG 16 ��1°6 UO6IISIAIIUGIIIOIIO AND I1IL., AIIOI6 4,220616: III' "' II611411111116G IIL..0 III"" III':'IIIIIIIIIIIISIII Comment [NBS]: Although the Section is deleted, the content is kept and moved under "General Provisions This is consistent with modern zoning ordinances throughout the area_ Comment [NB2]: Combined to one section 142203 Comment [NB3]: Moved to general provisions Comment [NB4]: Driveways are for single- family residential properties only_ Comment [NB5]: All regulations related to parking lot design are in this section Such as �� I6 A Sections 2217, 2218, 2220 2221 and 2223 8 ILII GUAIIIII)S' 140226719: PARKING LOT LIGHTING: 44;;2220!1 .... U UII411U AI9-I'.1 4,;;;2221! S III VIII IIII9G ) 9 2222 w I16 III III III I9A)C I' —� Comment [NB6]: In General Provisions 14;;2223!1 S6IL41 II I""1IIIYG AND ..-I All""1!DSG4122:414G' 1 a2265iz:0 F F ST R E E T P A R KI IN G R E Q UI R EMENTS: 14.220824.1: CENTRAL A APARKINGREGULATIONS: 14022.01.9....'.....: OFF STREET LOADING: 14.2201: SCOPE OF REGULATIONS: "' it El A. The off street parking and loading provisions of this article shall apply as follows: For all buildings and structures erected and all uses of land, accessory parking and loading facilities shall be provided as required below. However, where a building permit has been issued prior to the effective date hereof, and provided that construction is begun within six (6) months of such effective date and diligently executed to completion (completion to be accomplished within 18 months of the effective date hereof), parking and loading facilities in the amounts required for the issuance of said building permit may be provided in lieu of any different amounts required by this chapter. When the intensity of use of any building, structure or premises is increased through SPECIAL MEETING - September 13, 2016 Page 152 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 additional dwelling units, gross floor area, seating capacity, or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. (Ord. 4590, 9-21-1993) 14.2202: GHANG Q� �I'ROV&ONS: .................................................................................................................. 2I1�1119,,,,,,,„ „Whenever the existing use of a building or structure which has been provided with the required number of off street parking and loading spaces of this chapter shall be changed to a new use, parking or loading facilities shall be required for the new use. If the building or structure was erected prior to the effective date of these parking standards, additional parking or loading facilities are required. Such additional parking shall be calculated using the regulations of this chapter to determine the amount of parking the new use would exceed the parking requirements of the previous use. (Ord. 4590, 9-21-1993) 14 22'02 II XIIU°I1110 4A114141140 A11'; III OA';IIl1O °AOS VIII ��11...0 l ding 2 tes Off street parking or loading facilities which a ,,��P. �� ��Ii,.ilu�YG ��u�Y„r C1��� were in existence on the effective date hereof or were provided voluntarily after such effective date shall not hereafter be reduced below the requirements of this chapter for a similar new building or use. (Ord. 4590, 9-21-1993) 14.22.2.1:: ! AR4N4G AND IL..O,A ui140�� I AAill i�i di U rw a ILE. aijking 2nd II .2ar9 ng a6tes Nothing in this chapter shall be deemed to prevent the voluntary establishment of off street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, improvement and operation of such facilities are adhered to. (Ord. 4590, 9-21-1993) 44;22G& DAMAGE Out II)E E°I', II U4:'I' IOI""1 i (-! u u ����„ ....2.p::....L...)„ „ ..fi a cPaoli For any conforming or legally nonconforming building or use ........ICU......... which is in existence on the effective date hereof which subsequently thereto is damaged or partially destroyed to the extent of less than fifty percent (50%) of its replacement value by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired, off street parking or loading facilities need not be provided, except that parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in the event the principal building or structure is damaged or destroyed by any means of fifty percent (50%) or more of its replacement value, it shall be necessary to provide parking or loading facilities as required by this chapter for equivalent new uses or construction; provided, however, that if the principal building or structure contains more than one use, parking and loading facilities, as required by this chapter, need be provided only for those uses which have been damaged or destroyed to the extent of fifty percent (50%) or more of their replacement value. (Ord. 4590, 9-21-1993) RIi 14 22'06 02III ...-4� � II II,!!'�� I',UO �.-II'll 4All 11411I1u10 2"-A4 VIII �°�°"�� 4 . L SPECIAL MEETING - September 13, 2016 Page 153 of 449 Article XXII – Off Street Parking and Loading - Updated 9/2/16 aaijkk nq...J �.�..OLI.!..p.1.0„ In cases where parking facilities are permitted on Land other than the zoning lot in which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which parking facilities are accessory. Such possession may either be by deed or long term lease, the term of such lease is subject to the approval of the planning and zoning commission and filed with the director of community development. The deed for the off site parking shall require such owner or heirs to maintain the required number of parking spaces for the duration of the use served or the term of the lease, whichever shall terminate sooner. The village board shall have final authority for these lease or deed approvals. Also, leases for off site parking should be limited to no more than one thousand feet (1,000') of the use served in the central business district, and no more than five hundred feet (500') from the use served outside the central business district. (Ord. 4590, 9-21-1993; amd. Ord. 5219, 11-6-2001) 14 2201 II24I4IIIIO...4I9 A LEI Off Po eet22111 Ing 2[22 dtgn It shall be the responsibility of the community development ompl director to with the review plans g section all of these eall Nu 1 a° II Nus 1 a NNNNN � o – comment [NB7]: use the more ensure regulations and his approval must encompassing term - be obtained before building permit issuance. The arrangement, character, extent, width, grade and location of all parking areas shall be considered in relation to existing and planned streets, to reasonable circulation to traffic within and adjacent to parking areas, to separation of parking, loading, and drive -up stacking, to topographical conditions, to runoff of stormwater, public convenience and safety, and in their appropriate relations to the proposed uses of the area to be served. All traffic intersections and confluences must encourage safe and efficient traffic flow. Any such submission must comply with the requirements of this chapter and the site construction specifications contained in c apter of this code. aau k pq otsOff stile t pg �.n �a i..tes an r iive �2isI„0„0 shall be designed so as to discourage use of same as shortcuts and/or bypasses when located between major arterial roadways. Wherever feasible, shared interconnects and shared rNu a ua : aNuNaaaa�with adjoining properties shall be Comment [NB8]:Drive aisle isthe proper provided. (Ord. 5751, 8-4-2009) term 11 ���22111 NNSEP�AIIINNS��A�N �D St:RVJ E i Com. ..... IRV g� ii and Seii a 11No in'loNaau VEwlr7uadEl irawlf aauir W0111k Of as a;aairumuirumu&ra,4a inaaNuauEw ;ali]141l IEEE C �uuuuuNN wu uin a;a in uainclJoin a thi aaNN Niraw wN NC aairlic'iiina Naaa;ulluNuaw 1 u a uu awu ` ir0 �:aQ�Q , c1 01 14;2222!! N AIIIN0PEN,0AN Q Tl I-1 Mg�ilt n an Upg a;gjalploJoin:l a U11fa aaRasinFO irarvamq,aiisPiie P 3a ii �J in sN741 IEEE lC�niraal�na�wirlly uuuaauin�Na:auin�a�wu� aaN aallll Nuirumu�w;a, uNli7�aauaN 1�naa�;li7�aalla�w;a� I�airaalica�win� �;uairl�auinial aair aaNll7�a".ir uirira�walu�IlaairuNua�w; )( it u1 d 5l)() 11 21::l:::99:3): :134;2212Z!! 1.ANIII:1 tAllll10N —1. SPECIAL MEETING - September 13, 2016 Page 154 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 142213! C12NL NN O°1a1VE NP1'112V1f�N12IIW CJ. ........ m 1 p f O Comment [NB9]: Should we add an element I y a�Nu�aa N"�II�N�ulln� (��� ^�, �IYG Gm�alYiCIIl11Q �'fiata II II�IIG �tlY a NalYa�a uG tI11 �I11GlYm mmmmmmm _ (toaccount for differing hours of operation? rrilla ILu NC ua uuNa,uN a,a�IlllE�GI VEaJ.l 1iN NIiYIE. N IBNa l Inlu i[i-:jEJ 01 1 a s a JC ua uuNa,uN a,a Illla.a,Nu a.11 its not IE.SS NNYlalnl NIiYIEw SUI[umu Of NIrYIE. SEw[[J811- tEa I[-Ew a l[-EwlYumuEwl is f011 EE3 ;liYl SUGhll USES and ]pirovu&N d that a1 a wauIlaNualnl aaawlYlnlulnla Ilaa;aNualnl aN aa;a;�w alY aC alYliculnlaaC aa;�w in IYawllaNualnl Nay NIiYI�w a �.�wu��wuN a:�lYa�w a�uNNYIn unwuN Nay �c�uaN ��aQ�QN Q1 �1 1Q�Q''�;N�, 14;;;2214! C12N41 PRUG P112NI ..AMD DESiI G NI.' S II U-1. < Neill Y ill 4cf0.Il.. SPtgI af0lll.. 1 Yl�w aIng NIY�Nulnre � 1 f �aluna� Mto ii sh i Comment [NBSO]: Layout is regulated in this�N #]YE,��u paul�I1 facHtesl sh41 aInNlYYrito 81 SHNEw coinIsNIYuctJolnl sp�w61jca fioinls coinINaIIinEA in chaplrEwir", chapter, not 16 16 01Nl11JS a,a dEN (g[d 14.22222222: Ilau2lwNK,I 4C Oi OI 1du2N IwN i2N N C 4 G N 4121 1 I I I �p:'���u I i llu IIV RESIDENTIAL DISTRICTS:'gal . Coir irn& Gaal' IlNcles The location and condition of commercial vehicles in ................................................................................................................. residential districts shall be permitted as prescribed hereinafter. The following shall not apply to commercial vehicles conducting business at a location within a residential district ... a. �...... ,°rRGre-......a.n.....WBAM „ Permitted Number Of Commercial Vehicles: No more than one commercial vehicle, as permitted herein, shall be parked on a single-family detached residential zoning lot. No more than one commercial vehicle per residential unit shall be permitted in a multiple -family residential development. Nilll. Location Of Commercial Vehicle Parking: Commercial vehicles shall be parked „lin 2 CuuII'yt...12.2.2.19....1N.N.N..p.:N1�..1N„2 2„il in the rear or side yard only, except that a vehicle may be permitted in the front yard if the property is developed in a manner that would physically prohibit parking in the rear or side yard. If front yard storage is required, the vehicle shall be parked as near the front of the garage as is physically possible. In all cases, commercial vehicles shall be parked on an approved hard surface. SPECIAL MEETING - September 13, 2016 Page 155 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 C°, Size Of Commercial Vehicles: No commercial vehicles that exceed any of the following size criteria may be parked in a residential district: 4 a. Seven feet (7') in height when measured from the ground to the top of the roof; gllL). Seven feet (7') in width when measured from the widest point of the vehicle (mirrors are not included within the 7 foot width limitation); and 3c. Nineteen feet six inches (19'6") in length when measured from the front bumper to back bumper, excluding snowplow blades as permitted herein. 94. Exterior Storage On Commercial Vehicles: Storage on the exterior of commercial vehicles which are parked within a residential district shall comply with the following restrictions: 4 a. Rear: Trailers or other attachments shall be prohibited on the rear of a commercial vehicle when parked in a residential district. 2L). Front: Snowplows shall be permitted on the front of commercial vehicles during the winter season. 3c. Sides: No storage of any equipment, storage racks or materials shall be permitted on the sides of commercial vehicles. Extension of trailer side walls and pickup truck side walls shall be prohibited. .. Top: Storage racks not exceeding eighteen inches (18") in height, inclusive of ladders and other equipment, shall be permitted on commercial vehicles so long as the overall height of the commercial vehicle does not exceed eight feet (8') when measured from the ground to the top of the storage rack, inclusive of equipment stored on said racks. e. Pickup Truck Bed: Equipment (other than a permanently attached tool box) visible above the top of the trailer and pickup truck bed shall be prohibited. Storage of landscaping material or other loose debris in the trailer or bed of a truck shall be prohibited. . Commercial Vehicle Signage: Signage located on the exterior of commercial vehicles shall be limited to the front door panels only of a commercial vehicle. Commercial vehicles parked within a garage will not be regulated with regards to signage. ggq,.Iheu.eefter, 6ld; �qR qe shat be a de te.GOici 9riii by means ef ak&12ati9R 9112 (Comment [NBSS]: No longer needed in code SPECIAL MEETING - September 13, 2016 Page 156 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 F6. Prohibited Commercial Vehicle Storage: Parking of a commercial vehicle containing a refrigeration unit or other motorized compressor or a commercial vehicle with more than four (4) wheels shall be prohibited within a residential district unless the vehicle is parked within a garage in such a manner that the refrigeration unit is not audible outside the garage. The foregoing is intended to be applicable to those vehicles which use a refrigeration unit or compressor to further the commercial purpose of the vehicle and does not apply to air conditioner units used for the comfort of the driver and passengers. .7.. Commercial Trailer Storage Limitations: All commercial trailers parked or stored on aoiau Rq..lot in a residential district shall, at all times, be parked in a fully enclosed garage. [,,,p.. Application Of Home Occupation Standards: The standards for home occupation as set forth in section 14.307 of this chapter shall be applicable to the parking of commercial vehicles in a residential district, provided that if there is a conflict between section 14.307 of this chapter and this section, then this section shall apply. (Ord. 4590, 9-21-1993; amd. Ord. 4825, 10-1-1996; Ord. 5426, 4-20-2004) q apninvucu„[ I vvll igly ai[[II Pyl e4 uv [ quuniPPe 9..Pa P,ue p ull�er9 au site foil wau`:. 2u 2� 2 rovided [hat no Such vehicle ��[�aall be parked for More than '[en 10 V h .... p , p 4;22g3 �A DIRI'.,� iu8 III .��� Ri1Nll �. reational vehicles and equipment as defined herein, automobiles motorcycles, trucks, vans, and vehicle trailers may be permitted to park only upon an approved driveway or parking pad constructed to the required standards of the site construction specifications contained in chapter 16 of this code. (Ord. 5447, 7-19-2004) 14..221504,:: 1114111 ii.°'Slll114III III IL.. DRIVE AYS�::I, IL J A �u lvq,w y P' e g deiII k)ar Re s dei�w[.!:ar l 11 i''Il qlv i ,p, ily u 9 ��Pt clhed sIu g. g i��un.G..Y driveway` Shall conform '[o [he followim. re,.....L..j..r...e..rn e..n:ls arkinc: ad and [sell cro :, ; t[ae re aired front or exterior ide and in a rnanner e.s.se.n.:II.a..I..I..:...e.[ endicular'[o t[ae ,�.[ree[ averr7ent. ISG.li:4..4.�.q.li::...[.!C:.....4..q.�....(p.:4.p.:(.g4.e Comment [NB12]: This section is for commercial vehicles that are not owned by the person living on site_ Comment [NB13]: Regulation which states that cars must be parked on a driveway or approved parking pad_ Comment [NB14]: Moved to general provisions G_ Comment [NB15]: New Sections are Noted_ Strike old code and insert this section, as it's reordered and edited extensively_ Comment [NB16]: Repetitive_ Noted in General Provisions, Construction Standards 142202 K_ Comment [NB17]: This coincides with the required off-street parking requirement and addresses the setback previously required per 142207 "In Yards This is generally accomplished within a garage_ SPECIAL MEETING - September 13, 2016 Page 157 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 2 Minimum drI width shall b"ee hl feet (.8..'. OUt§de edqe and shafl Ii111C Ude the width between strilDs of pavenient walks and atlio wi3eiq for d'rlvewa s located with[D are..: ggul, red exteiJAxl slde 5 All drivewa s shall be unobstructed from an encroachment such as chirym,,wz Qjy2y�ays serviling 2ttag�n2d gaEag2ImH not exceed twenty vlx feet in Mdth ii i uiNess otheiMise reau�ated 6sewhere In tIfls chaixter the front IrDNane of the IlIOUse. Wth IexeelrxtNorn of poqjtled l2op, code Drimwa�gthree Car attaqbgd=gI .................. --------- ,not to exceed a niax�IIIUIII Wdth of fiNLzjbl eg feg! and „IIafl IlDe � 11 111 mH not exceed twenty vl�x feet ( 2g' ) in L �2m: 9 �212�2i2d 9,9�992� �� ii Wdtl n, yiNess otll peiMise regl21f2d tl nere In tll fls chapjf2h a l )ijiveway.� I D ront of l Houses No drivewashall enc;roac;h f�Yore than three feet 211v2m9mv v2lyiing d2i2gNi2d 9,9s992I2]2y l 2 the same Mdtl l as the g2E2g2 and slhaH II, -)e t2QgEgd tg g Aldth no geater than twenty�I:X feet (M) WtIflin 2�g -ement slhaH btg2D �"2t ugl) 2LInng ggEgg2l's front 6evatl0111 \Aax�lmum measw -)e talken from ggl-agg'v edge fgqj)gst from the sllde loIlu� uunuplun 1pgraHV to 1ng ggEgg2 fiKade i 8 VeN:cIe l urnaround l:�Iads Driveways fron.fin. ante ,ai�,a r arterial street as. defined in. ",-3 ya p _D ji]gy 2MyIide a v6jc�e gull ]1ai,2L:vDd ll2gd Hell to the front lot Hine and ten f '10 linWdthasnieaSUre1 DeiiDeiiidICLuNall'totlliefii,oiiitNot Nliiiie Phe vellilicNetLuii,iiiall'OL�111(iliDadsIIiaNN IloeNocatedeiiitVii,eoiiitlll;IlDii,i;lDeii;: I endCWarto Comment [11411318]: Clarification added - Comment [11411319]: Clarification added_ Comment[11411320]: For This is to simplify the code, same regulation, to prevent parking in front of the house_ Comment[11411321]: NEW: Nearly all side load garages are in the front plane of the house- Comment [NB22]: NEW: Changed from 15' to 18 feet, but made the taper FINISH at the 18 foot mark instead of START at the 15' mark. Comment[NB23]: NEW: This was simplified to the most common result. Using the "garage door width" as a way to determine driveway width is not possible when looking at a plat of survey_ SPECIAL MEETING - September 13, 2016 Page 158 of 449 Article XXI|—Off Street Parking and Loading Updated 9/2/16 the drivew V and at ieast fifteeni 1 15 � fro 'n till D il'i In C structu Comment [NB24]: Same regulations, �: Minimurn Tu of [he drive a a mini arkfing !)ads nneomunadotthe oointwhenathe oor�Jn000dnneetmthe dhvewov Comment [NB25]: AKA at the 28'mark, not mark - Comment [NB26]: Stuck the Conditional Use Requirement, per approval history of these driveway types- Lot width requirement still applies - not included- Width at the garage was noted in illustration - Comment [NB28]: NEW regulation- We reference parking pads but we don't define them - Comment [NB29]: Define parking pads as "off street parking area that separate from, yet has direct access to a driveway, but not a garage, used to store class 1 motor vehicles" Comment [NB30]: This permits a 10'x 20' Comment [NB31]: This is to prevent people making a larger parking surface and calling it separate things - considered drive ais�es and Clarification - FIGURE 1:MINIMUM REQUIREMENTS ACCESSIBLE PARKING f� REK%U|REK8ENTS:—~EJ Accessible parking spaces shall be provided in compliance with the Illinois accessibility code, as amended from time to time, and all additional governing codes and applicable A. Size: Each 000aooibla parking oba| ohoU measure sixteen feet (1E7)wide, consisting SPECIAL MEETING - September 13, 2016 Page 159 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 striped access aisle. Adjacent accessible parking spaces cannot share access aisles. The standard length of accessible parking stalls shall be the same as all other parking stalls. B. Number: All parking lots required by this chapter shall provide the following number of accessible parking stalls: TABLE 1 C. Access: The required access aisle must have a smooth transition with adjacent walk surfaces, either by joining at a common level or by use of a curb ramp, and be located on the shortest accessible route of travel to an accessible facility entrance. D. Markings: A high quality yellow paint recommended by the paint manufacturer for pavement shall be used. E. Signage: Each accessible parking space shall be equipped with a sign which complies with the Illinois accessibility code. 5�9RG sha4 be vew4�eafly..mewinted on a Peet or e.. eii at fFeRt Genter of the Ilperkliigg Ilse e, no more flha"n iiVe feet (d.°) hereu"nta4y #eM the fw"eRt O:f flhe...Ilpeu4ou"og spaee;. nw"d set femme" feet (4°)..fFem4i44: ed (Ord. 6112, 12-17-2013} ( Comment [NB33]: Propose to have us follow the state code, rather than repeat portions of it SPECIAL MEETING - September 13, 2016 Page 160 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 Il���r�s-����.:�s����-ss",::�I����I����r���"- s���-�P��:•:�,�-���,ar��s����s����:�dl,��s��s;�,�i�'-t-���s;���������a�s�i��s�•::�����ir��s"�::sdldl���-��,-��-� s�=,s1�s���, ���dle�������,�7-ai�t��ss;-��-�t���.�r���ss����� sm���s��s��,s;s�-{I�s�=�~~��i�,s-�•���dls"s�,t����,alb-ais�-���t�ls",�s��:•:�ir�s��r�-t-��ss;-s���ss��:�-� tf�o ��s",�I���il���s",-s=s"�s1���is=s"��m��ar��s�-���-s",����-�P�-�s��s�-�P�-s�«�s;-���r�s•��s�-�~~�ss,s-�-���s��.��ldl s�,��s��l�.�����s�s�-s��-�~~�s���r���rs� (Ord. 5253, 5-21-2002; amd. Ord. 5447, 7-19-2004; Ord. 5547, 2-7-2006; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013) AIJ dii4veo ay& ii use t oowrfowu-o to the lequs i eu-neuro :oet foFth fR tyre 64e oops:W:4o 4i A Iwe ciewrtassl ..Ro i tieu#issJ rtiil:a eoss e iwr the u: ._A dti'Still ioto...,ollha oowrfoum f.o he foko*pg seq,u emeu#,o. N :4 ii-nbew. Oure anti' vewr:iy..-m::iy be IlDewu-o4Jed IlseF:. ot4h a a axx mssu ..of ope..ossub, out :to the Bt eek Il:savemept llDell: cF! Vew:iy. ileu:4ssu....o11rissa4ilou4ssde CWVew:iyo w ase Esse mi4i ssu 44wu4urd uu34 us of fi#eeur feet (f6(.. d elve...:feet (4.2 (. ve feet (75") oiipweu:iteF: See fipgule f of th;iB.Be4� our iJl''uFats R9 m iiraii-nu m Feuss emeR:ts: Comment [NB34]: See Section 142204 for modifications to driveway regulations_ The "new" regulations for driveways will be shown in Section 142204 SPECIAL MEETING - September 13, 2016 Page 161 of 449 Article XXII – Off Street Parking and Loading - Updated 9/2/16 2, LeGatI :GR:: DI:A~ aYS r:RU6t 9U ... 9 e 89Uae @d 9# 6:488i...IIUU*Igg.6PaG9(U) Uu ....I U U UgrUg1 1i 3 wklthDicAg U...w4dn...6l::44Ib@...GaUG4ated by :RG� Ud:Rg a4 abU1 Igg.IIUaeak@ Ui Wa4,S and pat!es ~ Il: eiq �eGa e !#;� uq a e 89Uae @d.. f1:9R y im :: ✓Il: 9iq k)Gate . � YttI ! Rg IIUUi aI�@�...Ui 9Wa4,U UR...IIpat1!es ;at r9 G9RS4UGt9d 9:f 1h@ SaIcR@ matei4 and G94r...aU that of Ihe..(#Aeway, SuGh UIIbU1Iauq IIpaea e� sklewa4,6...and IIpat1!qU the desag uq and U69 9f d 4V@Way6 W4h �:i'R 41bU G9d9I C.UIbu#1 uq g pallau I4 skiewa4,U iiqd Uatk)G ae9 G9RS4UGt9d 9f d :499 @qt mate iia aU 91!:ef #ne same eRateimia� but U d Ckgem@qt w ;, bUt..shak be G9RSk1@1:@d siidewalls and...pa ies and be ...UWbOG1.. e a4 Ipp4G4be Ui e ,,44,. Rd 11pat1!e 1m9gY Ua k)IgS...~U44:!R 41a6 G9d9: iiimaOa es, and bay UyRUW WG II e W� eways IcHay be :Rsta4ed Uuqd r:R4:R 4:R@d...0 Cqkq U :....II i ivew :dth Uhak..be 4:4: ed to;� rtW iaUe. 1peGeiq (9501/e) of the. e:t wkJ#;,.all cneasuime U1 theimp 94HU e fe eR1 setback 4iq Sim a4 bets w4h :dths of UUP (6Q) te � i� .. i 1��...U��U�I IIn Ue ell �� II �n9 41g4:Rur:R &Agway ~ski 11 :fer.. 4 Uig _ UrUa e86� 9RG@U...UII44 Ibe..9agr l:: deet (91, }, b:....II i iveways ser;Aiiqg gae ages ... a 11 n a w4th ge eatei. IhaR th@ .IcUU � ' :dth peel #tte !#;n Iiq UUIbU@Gt, R Aga of;b; U@Gtk)R IcHay b@ 419..Salc %...Vyidth aS 418 gae ag9 W4h �:iR P4891IR ;@9:t (p 5 11 ) 9f 4:18 gae ag@ 11 U fl!:9R 9Ieva 1:Ieiq,,. � ane gaiage :dth bU eteicr:44ged by measyi4ri the wkld p of Ihe gai! age deeics....II��UU i f UgpUe at1 ! iq Ibgtw q1q :d 9 gai!:age deeics, PYG W9 :fe :t (21, )...9 a 11 nU rm U Ue1 feitln Iln9rm9auqab9U9., ttaGhed i"age #nU1.. f1:9R S 9R U PUIIb4G emacs 11 n1 of way, R9 e9l4 )R 9f:08e Aeway .. aigteimiel: efthe Pe(all epp ese e Pll e edgy of the &veway Gk)69UG 9 41 P9e i IcHE i �9t tau %) IcHay @Xt@Rd r::Rq mq tha liq Ih 88 fee ( } Ibeyeu ;q edge of II q P41RGall aUl Stl:Y 1i 9: &6—, . C ..91ave~ ays CeemS. lig glq far ily 1m9Skl8114 l'la I Pe"9IIe914k)U Wh:iGh fl:9F1 9Rte a rRaj i! a1!4@em!a': ceadway, all de4qed b Ilne..Ui4ag9lU..G91cHP1:@h91gSA9 IIpIaiq, sI:: I4 be Ilp9i:r:4: 9d 9 SPECIAL MEETING - September 13, 2016 Page 162 of 449 Article XXI|—Off Street Parking and Loading Updated 9/2/16 OtheF� A4 etheill uses shak have CWVew�:iys oftwei#y fo�::411::: :feet (214 �R 4491 (Q? :feet All parking stalls and dI�veaisles shall have the minimum dimensions, as set forth in figure 1 of this section, provided that the overhang ofnot greater than two feet (2')may baincluded install depth calculations where such overhang does not extend beyond the property line, encroach on the minimum width of the sidewalk, or encroach upon a required setback. Comment wewant the ability m review any other angles mm,sure they are � ��3 Drive Ais�e Dimensions � he drive ais�e width shafl ��De adeg�gte to 'naineuver afl H ��De twent four feet 2d' in SPECIAL MEETING - September 13, 2016 Page 163 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 WNr[tll�l 1� ��� �aau. Vaud N�'DuNrra� au�V� WII�IN�II�I arxaaraa�r[ [Wu�lt 1r�u�u �� ��' Nuel WNr[tll�l �II�IaVV eau ylng " �t aNI SIze....IR„e.du[„ „foII s An industrial, commuter, long term business office or ... multi -family residential use may request a reduction to eight and one-half feet (81/2') in stall width. Such request shall be approved by the director of community development and must be accompanied by such documentation and evidence which shall justify the parking lot safety. D. Parallel Parking Stalls. Off-street parallel parking spaces shall conform to the following requirements: 1. Stall width measured perpendicular to the drive aisle shall be a minimum of ten feet (10'). 2. Stall length measured parallel to the drive aisle shall be a minimum of twenty-four feet (24'). 3. Minimum drive aisle requirements: twelve feet (12') for one-way access and twenty- four feet (24') for two-way access. t0II gall iL.II�Y.��.....:..p:......l2...L....L.�.�..p.l..........:. Comment [NB36]: This is a modified regulation, reviewed by CD and PW, to be sure there's no confusion on "left turn" lanes, etc_ Comment [NB37]: NEW: we do not have dimensions for parallel spaces but some exist in the village_ Comment [NB38]: 1 a and b Formerly �CN,I a aC� section 142217 "In Yards' as onresid,en[ial I�isIrict s;.Off [u o[ I ulullrlu..'.: .i..n[;.j�......kre..... e.rrr7ikted.::wikfain ke.!.. teak (10" rJ [[se r rfrerty „i-ne unlless ad�acen[ kir„�uinc:le-farr7ily residential dis[ricts. Off y ��Prltiin� lot ” Ia1Pr9 IIIA Iro uulllr9 1:�111a[IIIII11101r91oIIP Palilla l faaoral,ly II sAei Plaal cflsfII Ps„ �;[aall be pro[aikri[ed Iu uo uuluerN yuaua[y [Il ua[ aauo acNfaa ou [ [ra b Residen[,ial dis[rlcts. Off [u [ p ulukall ay Parkin lots" located in reg"idential dig"trio" ... 5: La..a..I..I.....�].ee.:I...:1.a:l..�..... g.......u..l..rgd..-se:Ibac..k�;....ot...:[a:l..e...-�;,Iyecitic dig"trio. q ...:.............:........:.........:................ . 2 uuIrP�u anduutt �Ir:.11 ���2�2'�20 ��1��1�N�' N[�tS AND �11a:�"� t..N ,3,cu l f ](.'1�oIn,lIbliInta fioInt coIntGIIEflEc lIRadL "rgll �2g[2r � dulve alsles shalll llh have a tiNity f22t ( '..) Egdr 1i on a tuulrpns Conciet Isla[„Inds gall.I:4t ling II[ nety dtgr[l 2 Ny'.g[lll lIng Palls shaH Ihave a flare„ foot Q „) u�:)C on Il etuii ins . ................................................ SPECIAL MEETING - September 13, 2016 Page 164 of 449 Article XXI|—Off Street Parking and Loading Updated 9/2/16 Parking garages shall have ominimum vertical clearance of seven feet six inches (7'6"). J.�.l or —other Comment [i Formerly under "Notes" so forth. Stackil F � G U 1::41 E :1 LEI 14;;;2223! SG REENI NG AND SPECIAL MEETING - September 13, 2016 Page 165 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 4-452 91 9w � � 13 1 k. °7 k..9, 1.1° 9 ,,,,,,,,, 19 9w 1..,7, 11°..x,,,,,,, � 17 9 , 1 .1..11, go, uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu 9 19 9 2d go 1 r s � d I D IG ' rE�i1DRE / 1 <�d�r�111� ""���i�m��l �""11�����1�����1"�, dl�c�t"��=,�;1�����,�"1-���il"�i�r�������il""������d4�^�"��il""�i�r�•���������"w���"��"�=�,-�. Formatted: Left, Space After: 10 pt Formatted: Left, Space After: 10 pt Comment [NB40]: This table is being struck entirely for the one added at the beginning of the section. Formatted: Left, Space After: 10 pt Comment [NB41]: If we want to use a figure, I recommend using a modified version used in the IDOT Manual LEI Comment [NB42]: MOVED to article III ���22.�1-9w PARKING LOT IIL;�����01� � III-�9�w l L_J�� u aUti'Uti'eii� Hca t-Ilhe eg1: a leu-neii ts set 1oFth belegy uil�.paFkR 9 �ot la lq -� R sha�� � ecru llq�y w4llh he outdooF ap.lhtt pp weguk:36ops peluded aur seo:tco ...441 91,�4::of hI elha teF:: AIS padkp 1ots w4h mc) e..:thap foo: a (9) , Ilqu ee .., h :ik IlqwcrWc4e 49h4i :... utai4u3l' la ll#Rq a ecti'..:pe a4I ii4pa e au k...11ga kau� ..lot and cti' ve abe& ali-du-deco! :itelk aoce ip..pawll� pq sta4s..sha� Gepeuu l Regi aieu ei# SPECIAL MEETING - September 13, 2016 Page 166 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 �e! Try we tq el II wqt 11 wt 94gC :# :4xiyd esv tIq wledtllqC the Ilpek" Ilpq e suppel# fxi Yl 8 elI (i Comment [NB43]a These items on this page 19 ated 99YIpmle qt sl walk be III"w It ed te the dIeil"Iw wi 199 g ::# ktl"w* 9I" r"k^ r::R,4x I mu CH 9:f are moved to article III :1 4y Cee1 (301,), W:1k„[1.8V8� IS I':eee., P9 86 6I::W44 Ib8 G9R6:ti:YG @ 9 r:%4 9ethee r:Ra eiiau GG@p:4;4@ tethe vkage..euqw awiee Weed IIpebk s...ai-a IIpi:E44l�ted, Gkae @ w#9 AdG wweIlgt Pc eel aes P I411b4ed I:::Jgh1 lllww ..Used te...Ilkyyr Iuqe1@ 94..e1eeq pad!Rg aweas and e e... b;kes 4: e edd ate y w:wG@sslRIIpai!4 rig st k s sl::44 be G1:8at8 a R4!S uqGII 18 fEA94IR94lYr:::RatIQR Sta dai!4 shak. b .ww1i9RSw 1y at a ket 4iq9 abY:t`!R e e86�!&N y shak q9t exGeed 0A. k )Gt Gand4 b....Lag :1 Iwwi9RS� :iiy at a ket 4llwe abYt`t! Rg e..Ilw9R1:8eki@Rtw as l' p re pe i!4y 91!: emg:u1 efway s:wu R9:t w,...:: h@ cRaX :R6I1 R 4gw ::1 a1149RSw i y...et 019 k)t 41IR9 i9em G9mm@i G4w .91!: !Rdus1 4m eeee uaIbU1 Iqg aR a Ifi Ilink 6488t ((18:4l Iu 1 9„9:f t4G G9d9) emac llu1 efway sha4 R9:t G1:9S6 a GG9SS te 4by#1 :Rg wwemm@iG4w ,..94idus e 4l U69S Shakl R9:t.8�� :k)9:t GaR(48S,, -5r- Z9RIqg 664k)tGthat tae@Gt, y 4byt aR9th@�1:9p@4y I:!R.#8 -5 and B... . 44 1:9:t9G k )R Qf UI II 4!R V@::1l49S by GY1:b8d ku Il w(IeGall 9 I'slaR(16 9 GUe bed kandSGall 9 da1e:R9R , IcRaX Ir::RUIcR IlkYr4iRat )R uand URai9emR#ty shakl b..r:%t f91!: a k Pa 4, 1 Rg 9tSi . ::: Ile Of...Deveel, II ul ;ew,# 441 4,,44e86649F44 M4411l i ewr1 AveRvp;I A' eeelll ewil.e,e.) M ax IIm ain AveRvp� A':::eeell4 w idlecr) UII4I4ew`wf"ww]U Formatted: Left, Indent: Left: 0.17", Hanging: 0.17", Space Before: Auto, After: 10 pt 4.5 4 A �I Formatted: Indent: Left: 0.17", Hanging: (av/e,44iR,) 0.17", Space Before: Auto, After: 10 pt SPECIAL MEETING - September 13, 2016 Page 167 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 I'Gopooi#ou li lu p L sght pq; Auk essu&4d IlDa kail g dot kgh: au p thsst-does u�ot oopfoFm to hese 11edu4k3tt o 6 sha44 be 11 ade to oou� foorn by..-meusll�o of uslteilattloR woo 4 teli t1h ::i Formatted: Indent: Left: 0.17", Hanging: 0.17", Space Before: Auto, After: 10 pt Formatted: Indent: Left: 0.17", Hanging: 0.17", Space Before: Auto, After: 10 pt Formatted: Indent: Left: 0.17", Hanging: 0.17", Space Before: Auto, After: 10 pt III^ m2 mj 1UR ��- D ��= =- �1 11 Comment [NB44]: Moved to Parking Lot SpecificationsSpecificationSpecifications k,�s�ss��4��s�r���til��lr�-��-�Ir�s 04�,- �,-s�s 4��-�.�os � s�s�44:o s-��s�-�,�-Ir��, �-s",ts" :4���� I� s�ssm ��::-�,��i�l��-�Is�:•:sosl��ils,s-�-��s ���s�irss-44r�s", s�ilhs=a�,ta�� ��� �,��I��mirssmirs�s�lMut�^::sus=,s=,�����ssmus�,�nM4 tir7Mu �s=�ss�shs"assmi�,�nM4 ssmu��y^::4k ��e��,sas=ash �a� t4r7Ms", r�s�,�.� hm�'- ��4�, 4-4 ( Comment [NB45]: Moved to Parking Lot Specifications 4s�144�s�rs��s�� t�4ss",.-44���s�,ssm�s�s�4-s�s�s����-4s-�s;1s��ss�os",���,-�s-��ssl���sl�rs���s���s�ss�:•:ss�sls�ss�s",s-�-s��rss���4rs��41d14�ss",.-s.�, Irs�ls��l��sss�ws�s�����sss ils�ssli�ssmss� �m""�.-ais�-sss��-=��Issm��l�ss~ 41s"ss�t�t:4rs � s",�s�� :�-�s~�S�s�ks�o stsil� ��ss I�s"�,�-��s���sm�s�s�s�s�,s-�• 4si144�4i�rs�t ���s��,�.���-4Ps-��ssl���il�rs���s�s��,s� s�4r�ss4ldl 4�so4f�s�s�rs4s",s-�•4s�-ks",aldls-jos-��s�-4r�s4it�,:- s.�s�-ass=s"��dV��s�os�-s����s�dh4�ssr����s�ss"�s-k=sk-{4il�rs��.msma��:�st�s�s�-s��rss��-asp-kss�aldls-�'s.���s4Hs��rs��s;-�����asss� fl4Pss.�4u, SPECIAL MEETING - September 13, 2016 Page 168 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 Comment [NB46]: Moved to General Provisions Comment [NB47]: Moved to Parking Lot Specifications A�dl���-������-���m���lk�dl�,-t���i��i��.,.�������-������i�r�da�t r����-���,-�����-t������-�,�.�•�I���ili���r��t�����,r�-�����Idl��, 14.226 2d: OFF STREET PARKING REQUIREMENTS:6ril IEl The required number of off street parking spaces shall be calculated as listed below: TABLE OF OFF STREET PARKING REQUIREMENTS Parking Requirements 2 spaces per dwelling unit 2 spaces per dwelling unit Convalescent home, nursing home SPECIAL MEETING - September 13, 2016 Page 169 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 Commercial, retail, services: Freestanding stores and shopping centers (up to 30,000 square feet) Shopping center (30,000 - 150,000 square feet) Shopping center (more than 150,000 square feet) Furniture I Auto sales Restaurants without a bar I Restaurant with a bar Dance/music/vocational/trade schools employee 4 spaces per 1,000 square feet of gross floor area. (Restaurants as tenants require separate parking calculations.) 4.5 spaces per 1,000 square feet gross floor area 4 spaces per 1,000 square feet gross floor area 2 spaces per 1,000 square feet gross floor area 1 space per 1,000 square feet plus those spaces required for service bays 12 spaces per 1,000 square feet of floor area 12 spaces per 1,000 square feet of floor area plus 1 space for every 3 seats in the bar area 12 spaces per 1,000 square feet of floor area plus 8 stacking spaces for the first window and 2 stacking spaces for each additional window 1 space per employee plus 2 spaces per service bay 1 space per employee plus 5 spaces per service bay 1 space per bay plus 2 stacking spaces per bay Stacking spaces for 20 minutes of waiting plus 1 space per employee. (3 minutes average per car, plus 1 space per employee.) 2 spaces per 3 employees plus 1 space per maximum number of students as Comment [NB48]: Take-out only restaurants under 4 per 1,000 per a policy interpretation_ Is this still OK? SPECIAL MEETING - September 13, 2016 Page 170 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 SPECIAL MEETING - September 13, 2016 Page 171 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 Amusement establishments Arena/stadium Bowling alley Club/lodge Cultural institutions and museums Golf course Gym/health club Swimming pool Tennis club Theater Industrial: Manufacturing, research and development, utility Miniwarehouse (Ord. 4590, 9-21-1993; amd. Ord. 5034, 7-20-1999; Ord. 5751, 8-4-2009; Ord. 6029, 9- 18-20121; Ord. 6112, 12-17-2013; Ord. 6147, 7-15-2014) 14.224324j.1; CENTRAL AREA PARKING REGULATIONS IT�1 SPECIAL MEETING - September 13, 2016 Page 172 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 In the B-5 central commercial district and the B -5C core central commercial district, for the purpose of allowing existing conditions to continue, additional off street parking is not required at locations where limited parking or no parking is currently provided. Uses which are similar to those in operation at the time this chapter is adopted are not required to add additional parking. However, in areas where there is new construction or major rehabilitation (50 percent or more), or a change in use which warrants additional parking, spaces shall be provided as follows: Use Parking Requirements Drive-in/drive-up 4 stacking spaces for each window plus those required for the facility principal use Library 2 spaces per 1,000 square feet of gross floor area Multi -family .... .... .... .... .... .... .... .... ........ dwellings: Efficiency and 1 space per unit 1 bedroom 2 bedroom 11/2 spaces per unit 3 bedroom 2 spaces per unit Office: 5 spaces per 1,000 square feet in excess of 2,500 square medical/dental feet of floor area Office/retail 4 spaces per 1,000 square feet in excess of 2,500 square feet of floor area Restaurant, sit 4 spaces per 1,000 square feet in excess of 2,500 square down feet of floor area Other uses Uses not listed in the above schedule of parking requirements for the B-5 and B -5C zoning districts, parking spaces shall be provided at 50 percent in number as required elsewhere (Ord. 6112, 12-17-2013) 14.221011191112-5: OFF STREET LOADING?� ii El A. Location And Screening: All loading berths shall be located on the same zoning lot as the use served. All loading areas shall be hidden from street view or from adjacent residential areas. All motor vehicle loading berths abutting residential areas shall be SPECIAL MEETING - September 13, 2016 Page 173 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 screened by building walls, or by a uniformly painted solid noncombustible fence, wall, or door, or densely planted mature shrubbery or any combination thereof, not less than six feet (6') in height. Such required screening shall be immediately adjacent to the loading area and in addition to transitional screening requirements elsewhere in this chapter. In all districts, no loading berths shall be located in a required front, corner side or side yard. Loading berths located in a required rear yard may be open to the sky. B. Size: This chapter provides for two (2) sizes of loading berths, short berths and long berths. The vertical clearance of all berths shall be not less than fifteen feet (15'). The size of short and long loading berths shall conform to the following: Short Berths: The size of berths, maneuvering aprons, and access aisles shall be as follows: a. Berth Size: Short berths shall have a minimum width of twelve feet (12') and a minimum length of thirty five feet (35'). b. Maneuvering Apron: A maneuvering apron of sixty feet (60') shall be provided. c. Access Aisles: A width of at least twelve feet (12') shall be provided for one-way aisles and twenty two feet (22') for two-way aisles. Long Berths: The size of berths, maneuvering aprons, and access aisles shall be as follows: a. Berth Size: Long berths shall have a minimum width of twelve feet (12') and a minimum length of fifty feet (50'). b. Maneuvering Apron: A maneuvering apron of sixty feet (60') shall be provided. c. Access Aisles: A width of at least fourteen feet (14') shall be provided for one- way aisles and twenty four feet (24') for two-way aisles. C. Access: Each off street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, and shall be subject to approval by the director of community development. D. Surfacing: All open off street loading berths shall be paved with asphalt, concrete or other dustless all weather material capable of bearing a live load of two hundred (200) pounds per square foot. SPECIAL MEETING - September 13, 2016 Page 174 of 449 Article XXII — Off Street Parking and Loading - Updated 9/2/16 E. Repair And Service: No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any district, except that: 1. Emergency repair service necessary to start vehicles shall be permitted in all districts. F. Utilization: Space allocated to any off street loading use shall not, while so allocated, be used to satisfy the space requirement for any off street parking facilities or portions thereof. G. Central Loading: Central loading facilities may be substituted for loading berths on individual zoning lots provided the following conditions are fulfilled: 1. Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade by means of a ramp or tunnel. 2. Total off street loading berths provided shall meet the minimum requirements herein specified, based on the sum of the several types of uses served. (Area of types of uses may be totaled before computing number of loading berths.) 3. No zoning lot served shall be more than five hundred feet (500') removed from the central loading area. 4. The tunnel or ramp connecting a central loading area with the zoning lot serviced shall be not less than twelve feet (12') in width and have a clearance of not less than twelve feet (12'). H. Minimum Facilities: Uses for which off street loading facilities are required herein, but which are located in buildings with less paved area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities, accessible by motor vehicles off any adjacent alley, service drive, or open space on the same zoning lot. (Ord. 4590, 9-21-1993; amd. Ord. 5751, 8-4-2009) SPECIAL MEETING - September 13, 2016 Page 175 of 449 Updated September 2, 2016 Article XXIII LANDSCAPE REQUIREMENTSQt i 14.2301: INTENT AND PURPOSE: 14.2302: LANDSCAPE PLAN REQUIREMENT: 14.2303: CONTENT OF LANDSCAPE PLAN: 14.2304: DESIGN CRITERIA: 14.2305: RIGHT OF WAY LANDSCAPING: 14.2306: PARKING LOT LANDSCAPING: 14.2307: FOUNDATION LANDSCAPING: 14.2308: PERIMETER LANDSCAPING: 14.2309: TREE PRESERVATION: 14.2310II 16'1OIf III II t1I III II 4 A113II':1 14 II i.. OIII III 14 I..113II' II 14 II'°VIII. A1N II" IIL......II' ""III ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 14.2301: INTENT AND PURPOSE: 6 it El The purpose of these landscape requirements is to promote, protect and preserve the general health and safety of the people of the community and, as part of the general welfare, ensure aesthetic compatibility among land uses within the community. These regulations are intended to minimize the harmful or nuisance effects resulting from noise, dust, debris, motor headlight glare, artificial light intrusions, objectionable sights or activities, or similar incompatible impacts conducted or created by adjoining or nearby land use. It is also the purpose of these regulations to safeguard the environmental quality and aesthetic character of the community by limiting the removal and ensuring replacement of trees upon private property within the village. These regulations are intended to preserve insofar as practical, existing vegetation and topographical features by limiting unnecessary clearing and modification of land, encouraging the retention of existing mature trees, requiring the replacement of indigenous trees with approved species, and encouraging the energy efficient operation of land uses in the public interest. Landscaping required by this chapter shall be a condition to the issuance of a certificate of occupancy for any improvements built on the subject property. (Ord. 4590, 9-21- 1993) 14.2302: LANDSCAPE PLAN REQUIREMENT: 6?] A landscape plan shall be required and approved by the director of community development for the following: A. Any nonresidential development of any parcel of land involving the construction of any new building(s), structure(s) or parking facilities, or SPECIAL MEETING - September 13, 2016 Page 176 of 449 Updated September 2, 2016 B. Any multi -family residential development and/or residential PUD, or C. Any development involving expansion by more than twenty five percent (25%) of an existing structures uk9iing (2„2tp„ p t, excluding single-family residences, if constructed after the effective date hereof. The plan shall be completed by a landscape architect or a person capable of fulfilling all requirements set forth in this chapter. Requests for relief or revisions to these requirements of this chapter may be submitted to the village manager for his consideration. (Ord. 5751, 8-4-2009; amd. Ord. 6112, 12-17-2013) 14.2303: CONTENT OF LANDSCAPE PLAN.0 �1 El Comment [NBS]: Change to reflect existing practice_ We don't require a preliminary/final, just final_ .. . 6 ( Comment [NB2]: Moved to new item A 4 2 d11 cdaoate the oha1ao eu of6uu22ested Ilia11u t M ::iteFaa to Ilue 1::4 sed (a.o, slhade tue es,, Comment [NB3]: Struck, not needed as this information is required in the planting schedule new section B_ - �- Comment [NB4]: Moved to new item A 3 ,'&#e:lCgIe.i tt.tltiY t4t],.#.t•�lt#1�]'imk�ff ( Comment [NBS]'.Moved to new item A 11 1 bo:4deFs, Neek euul:ell epppqs wtli" d isti:l ?airn � — COmment [N66] Struck, generally not applicable 9 I leu uei s...Of d iki- a� Landscape Plan Content eirnents: Locations of existing and proposed improvements, as deP;al..L2.d....P.,-.e.1..ow: 2.IIS.i.�..Ll....P.,-2e...!.!1n..c�.1..2.�.�..ted 2n the .Euuldseu12e Rign.ddii.l.2naiu"�..:auurnaii'2n, i116aciulg i2eLDiea.... u iauu2„atPon, 2.glnp!22:, detaHs gnd/au..Il II aPa u: uV 11 s of rnateila/ s to Put a sed, may P"u.y P]g dkeePau of 2aoDu21u p1ity d2Y2l22! u„2u1t. iueestancfl Comment [NB7]: Combines old sections B_ 1, 4, 5, and 11 k:4aVCkiu g euutkpes, uusa�lh eu tl:u2 uuu�d eX4Ilgeiilgle� (comment[NBs]=stmck,coved by item A 1 2 �„�2v2d su ii rg: ce2.,. iun6 c9..G.ng sAe ulll�s,....h l u pus... uu 9 ull�iu f'2Ps uill�iu I212 uue u2. Piously en6 su ies) slhaH P,-ue noted on PIIS _ Comment [NB9]: Combines old sections B_ 6, 10, 13, 14 SPECIAL MEETING - September 13, 2016 Page 177 of 449 Updated September 2, 2016 . Existing Comment [NBSO]: Existing item 9 is split for existing and proposed plant material_ 4. Wu lff . S1: e the Proposed location of all new plant materials as identified according to the planting schedule. ( Comment [NB11]: Previously item A 1 } J 7. 3- Location of exterior liahtina, including parking lot lighting. 2__a:: Irrigation plan, required for commercial, industrial and multi -family residential r0 eCtS. ( Comment [NB17]: Previously under D 2 a 10 hb, Grading and drainage plan, showing spot elevations and/or cross sectionsl. ( Comment [NB18]: Previously under D 2 b 11. Proposals to protect and preserve existing trees during and after construction.) -( Comment [NB19]: Previously under A 4 1 Comment [NB20]: Items 5 — 15 shown as struck are incorporated into new items 1 -11 above_ . 1 44:ung...4e8,46..(spaG9c... @41g9u 19 :RGA Y iung...haigd: ,'4pl�9 ...cpaG9 .,..GUe bG) E 44 . i R I9G,4ta9R& 1 ....11'' �ulb�lIG rmi ht of ~gay/ease H@R:t6 i��Gw UdR 64891 Wk#hc, 1 &...II'::W use...d'aslpesau imaas, 14. . „. 1 5.ii!2 9ll�914Y li%c.,,. SPECIAL MEETING - September 13, 2016 Page 178 of 449 Updated September 2, 2016 Q 3. Planting Schedule II he (oIIoWn �I mH ll, -)e In Puded I'in...:the pjaDtl'n �gj]gd'u ll] ' SUI.).mlii2d 1. Plant material schedule, listing: botanical names; common names; caliper or height; and quantity. 2. Plant material schedule of all trees (4 inch caliper and above) to be removed, listing: botanical names; common names; caliper or height; and quantity. 3. Planting data box which shall include the required and proposed calculations for the following: a eIngj, n (In fd.. It1 �p O"p"k" II "O - - - Comment [ NB21]: Ad ded text, to help aid in the plan review process- Adag I)P to pgll, I ,.q.11 ni gf vv ,. Comment [NB22]: "Total Areas" Struck. Our requirements are linear in nature_ LE- one tree every 75' of frontage_ b� The94� q u l a ee:t a uqd II�91!:G Rtag9 of ;9 ales b4iRqI' uands �; p ed, The total number of trees required and proposed p;; 4- The total number of shrubs required and proposed; sgyaee feet and i@Ge.ligtage Gf th �al!441gg 4t a lm9u ..p @, :!Rg �Ift��t-0? 1°v �t-0�Ift'���r alilt�N? E;;N�-0vIIN I� �If?v td11f-0H"I uN alp H�d6 dNV Comment [NB23]: Moved to item A 11 I ] KSG9 pu N"MQTQi WS1� - Comment [NB24]: These elements were incorporated into dem A above SPECIAL MEETING - September 13, 2016 Page 179 of 449 Updated September 2, 2016 . I'IIIIIII: Title Block: 1. Name and address of property owner. 2. Name of landscape architect. 3. Firm name and address. 4. Scale data. 5. North arrow. 6. Date. Natwi2al I eatwi2e Qet4 & Ppav�de..the folio ing:...elevofiow S, GF966 69GfiOIRS, seiliill,Ae: Comment [NB25]: Stuck for Simplicity_ This list seems unnecessary as these items are included in B above_ I::andGGoPe r:Rat@emae , I'eR41n3...:iR i4ate l'G 9 IIbY44:!RgS., Maigroade II eatuimo...Il 9ta4s:: P1:9V�d@ #ne9P9W� un5 t@G[n :!Gal aigk)i:r:RatiQ sempl eS., 1 1:: 311 n1 Standai4.& B@Iq h@S.: I''''.@RG9S. 4-44a4s- 5 &gRa30. SPECIAL MEETING - September 13, 2016 Page 180 of 449 Updated September 2, 2016 0. &:ifety tdll#Rq:: Comment [114111326]: Stuck for Simplicity _ This list seems unnecessary as these items are included in B above_ 14.2304: DESIGN CRITERIA I' A. Scale .:f u And Nature oOf Landscape Material: The scale and nature of landscape material shall be appropriate to the site and structures. B. Selection of Plant Material.' 1 °ha iaotei: 6tlos..P241#pq Ilwrva teiii4abs used kII" ooli#oll114;311vo " vs"4h the p°Iilev »IS3ps of RNs Comment [NB27]:This iscovered by our Gt 11 i l of n shi 34 bei Plant List in the appendix u: Of good 0u4u:ik of uu..ol eo.00 Relll giliewp aur IlisteFR d1kpols b 0all9ab o of v lthstaii do iiu 9 the ext uoliouoo of IR dIv4u:uuul olio lioulouo:4;u :t , d 4 ai 11 oli�aou ...to the deco 0p, and of good uuppeaFapceo o dui oouufouuvuuuuoo w4 the a ooh ouulluou t veFslou ofthe ° ll ollaouup...StapcaFd d ou P4u wools .`:;tookA451;1... 60f..,,. 2f . Trees'-- to be installed shall meet the minimum criteria: Soat�; — - i�inll n°-:S� — �- -- --- — n � - foss'°°° �nll he al Off ilio wtll'Cwt (Comment [NB28]: Current Regulation, Ever .. a minimurn of six Meet (6 � in vein fld:4pdile � (700) reworded I�olw�a I��w�cic.�reen ree � shall e.. (491.o..twoo x.xhu:l4 be oVowgwooRo ui. P.:u 1 -0) o rnamental fees shl 2ll ifue a minimum of two inch (2") caliper or five feet (5') clump form, C ou -E I 1/2)..&Shade trees a minimum of two and one-half inch (2t/2") caliper. 3. Shrubs ...;o ifue Iunsta ed olhgH Ilneet the irninillvu irn ouiteii uu u2t Pfuno of funsta gfon': .................................................................................................................................................................................................................................................................................................................. �If ....0fpo...nllhll u: llq...,ollhuul4 be P4apted :foF eveFyouuo huuli�dFed flfty...(f 00) o0,uuallo foot of 4uupdsoaped all Fifty percent (50%) of the shrubs shall be deciduous and fifty percent (50%) evergreen. Comment [114111329]: This section is for criteria, not regulation_ Regulations are all in the next section of code_ This resolves common confusion and potential conflicts when designing a landscape plan_ SPECIAL MEETING - September 13, 2016 Page 181 of 449 Updated September 2, 2016 For shrubs that mature at less than five feet (5) in height, minimum installation size shall be two feet (2'). For shrubs that mature taller than five feet (5) in height, minimum installation size shall be three feet (3'). C. Installation Of Plant Materials: 1 Plant materials of all types and species shall be installed in accordance with the minimum technical specifications of the village's "Arboricultural Standards Manual" (see section 9.705 of this code), including the guarantee and replacement sections. �...Wr�a1r�nptul� plarn�x��xnn�t,n�dlyrs��1dl�orvr rr�sr����Ir�' �����������"����r-pl�x^�w��.^�lirin-�������������t�ll�������-������������lr�����-�����i�r:•=II �n� 'ae���,���em.a� l��em�ll:� '�11���ema�"w� 1: rn aig4uq aA schedule of prohibited and permissible plant materials 1'n„ pxEgyn i, '„e.....LIIn....p;Uh appgnn�lx to p t e II..up C odg to ° yd” dtmn�n° p�nub�4sS:;e updated 1igd d"w"nw"�td Wv 4Iabp e to Comment [NB30]: Plant List Located in the i � nd Obn 4!G:: Appendix See attachment VVIheire (nweirh�ead Irn(n eir IIIIrles e)dst, (nlr,fll7 tirees that have a Irnatuulre Ih6uglht (A tw eint�y hues s slh(wx lld Ibe ja[aulrnWS uulrnqu;Irlrnu;autltn, m2 E22� 2gn "uIIx1e...Ilnn DjaDliig Il 2dLi lqu l.au]dnn:O.IIx ngi22m Igg2ted 1'up...the front 1 n ss ..:IIl)ewaa c ��n1 �i��1l��nl .n �� !',mw�� �Ilnl. m2 E22� 2gn "uIIx1e...Ilnn Dl phi Ilg Iln2k Il..9u1dnn:p 1pxii Ime s Iocated 1'up...the n 1 Itl a ll�litl�l"Irw11 nlw�tl� C � I «hd,""....Sn« r„e SCw1ddtld or Se.eded... 5 Il urvnt un0i��11 1n iorvnsta lie ' Ion . t!]222��m11n� ears of px«xI,mllw np E22n un Il llnp� gLYnay shah Ilae salt IIs 1rdv D. Maintenance Of Plant Materials: The owner of the premises shall be responsible for the maintenance, repair and replacement of all landscaping p„I„0„Dt materials and baem ei:s16ated structures, , including Il -)up Isnot 111"n11ed to refuse disposal areas, walls, 0„P fences, w ; --as may be required by the village. When any existing landscaping materials are removed from a nonsingle-family residential property, the removed and [22i,992 2 nent materials must be ImapxaG@d aun 444:IlOrid aiqd au u#1nnll]11 12 PP.[2y2d I y P� e da ren too of cornrnunity dew6opinent. A means of irrigating plant material shall be provided. E. Planting Beds: nexlst1 g 2l2] 1'nnn, iPng eM2iN n P,planting beds shall be mulched in their entirety with 9..i'mn„ .p p„ p,;2n„gE:1 shredded bark or other similar material. Wa4s Aiiqd..-p @RG9S Il p oqt...rna ei!:i' pS Ghal be Px aG d last&:I4#911n y agaaiqst I9Rg Comment [NB31]: Added items 4, 5, and 6 here in this section to avoid repeating it in every following sub -section, since it applies to all plantings_ Comment [NB32]: Struck as screening requirements are addressed in Article III of Chapter 14. SPECIAL MEETING - September 13, 2016 Page 182 of 449 Updated September 2, 2016 G. Detention/Retention Basins And Ponds: Areas.......I:.R.mo..In..LI!n....:I: etention/retention basins and ponds a eas shall be planted e the Ihu'.L.n......water ...l.l..n„e. Such plantings shall include shade and ornamental trees, evergreens, shrubbery, hedges and/or panting materials along the perimeter of the basin or pond. e, 9:f Ra live - Comment [NB33]: Addressed in the other i U! iel'1els I;S°ek G96ll1"w"kg@d d'896 „ n° I� Illg9' t;;�9RS� t CSIYd :ii -91 led"I�wak @ gI:iRkg9 it 8d�„ recommended plant list (appendix) e11q ...6llue4 b@ PkeR@d ,4b9V@ 118 Ilea lu WRt@ uul' IIR8,,. The bottom of the basin/pond shall be planted with sod or hydroseed. Plants must be able to tolerate wet conditions if planted within the basin. 1 99Gt :!dU9Yu 499S s:;u ybs eRdV.:iR@S ul 9U�� d d9 the seut:; aiigd west...sad es of bul ' iiggs and p�aza aeeas e peevu :ide shady dyue llu g #;e...summelm euqn 4iru11en...Shad 8 '' EV9g 89RS 4Rd etheem..paRC r:Ra ee l46...ulu94..lb9 t,9RGeicl4ated 9R 018 R94h Sad@ of b0441iggs 41 a maRlruul:4:1l G[l nassl:i pe es 018 8#9G' of W11#91: 4Rd 9144R E a4[l 8llg Deems uuqn aigGee Dei ated Iu 19 019 �and6 ap9:t1Imue1ru,eu t b914:R6 cRUS r%&t #1.8 Comment [NB34]: Struck. Berms are require engineering review and approval and would be a part of a grading plan, not landscaping plan_ euun' u11 11y o � N u�1 1�uen � ue� b � 8691 @d and tie :;e ���W e����eu�rr � N ,, .@I9p9n..M94PGeCa9R 1epegt ably may be a�leed wllu@.u@ aC Gou4tem bYteS 19 'th@ '486tIn&11t, 99,44 n 9:f 'th@ u11e: II e 9 @G: a9R CC RaRt..11 Rt@4e Alban/Q m II eep4 lug �9t,e119RG wu:; i:@ paRC r:Ra eem atle iigd/er,: P99Pa W4..be �u�t:, ll� allele. �� auu�uen IRS:t,4 l aplp�"epi:�,ate Guebsv 4@9 uai!4s ei!:.eChe Areas Where Plant Material Will Not Prosper: In areas where general planting will not prosper, other materials (such as fences, walls and pavings of wood, brick, stone, pea i!uav e ,, and cobbles)-,ka4 I n..y. be used when demonstrated « ted to the n11 ea;;, to o �,�Inlnuuulin...n I�n.II1n ui that i�u area uoi sq2pgq j1yg Viii Inei Imleln. Carefully selected plant material shall be combined with such materials where possible. SPECIAL MEETING - September 13, 2016 Page 183 of 449 Updated September 2, 2016 kghts� eto� the i Comment [NB37]: Screening is in Articil III 14.2305: RIGHT OF WAY LANDSCAPING: Z' Where oparcel abuts odedicated public right ofway, parkway trees shall baprovided in accordance with subsection 15.5K}2_Eand sections Y5]80X}and Y6.90%2ofthis code. A. Graded And Sodded: All unpaved areas within the right of way shall be graded and sodded in accordance with section 16.904 of this code. (Ord. 5253, 5-21-2002) 14.2306:Comment [NB38]: Renamed to apply to all All parking lots designed for four (4) or more required parking spaces shall be planted in accordance with the provisions of this article. Comment [NB39]: Our landscaped island requirements will result in this amount if not more than 5% - 12� Planting Areas:: :::a,Aplanting island ofotleast one hundred twenty (120) square feet in area, and at least seven feet (7') in width, as measured back of curb to back of curb shall be provided for every seventeen (17) parking opooao .Aplanting island shall barequired otthe end ofeach row of SPECIAL MEETING - September 13, 2016 Page 184 of 449 Updated September 2, 2016 . The px 4::Rai:y Pk4RUa11nq matei:labc...US@d uR x,44 11gg 4ts shale be sl:;ade 4@9& Imun rx, unU U...UI ....shn yNb@Pyv h9dg96Rd 9019e I448 pxtaRtallgg Imatei:lals r::Ray.be used e syph er:Re.igt #;@ 4@9 Pkaigtl:Rq IIbu hu 11 lllg9 b9..019 S9 8 nw914t4bY`t )R t9Ulln9 R&Gapxaigg., U aRtS ~ Il `lk)h..I 4V9 Il e 9V9R t9 bethe rResU 1ieee li# of sau U... i=a Im9n 9r:R :R91gd d I X1968 41G�yde Ib ybeemey .emYgexu ....1cese dwa4K4R Ill nw..and Ile99 yq9RYr:R b, One shade tree shall be provided for every one hundred twenty (120) square feet of area in a landscape planting island. There shall be at least fifty percent (50%) live coverage. Live coverage shall consist of a mixture of planting material, including evergreens, shrubs and perennials. y dl : xlha l appy jo !bo Perimeter Landscaping!, I II�c a y�ui�n�uy.p�nx �n� �Il�ux x�ullxy.cx�urau�n I area defined anon an ad xncent Ict Hine xtendlii to ar or a l of the 1�a� exterior xUuJlxluncx of a xxnurklinIck yurlvo xnuxlcx cur Icxnylinycxkx and xnun Ilx�.ulilyliun . U W�p dafiran..Ixnndsc nllx ng EogL: lg!! ons sha l Ippl y.. xundo c tedu.iin Secfion 14 2307. 1 II n lmlln i lm Il xpilunq „lin uni nix lungl, Inl'.I Ilyesx'denil l IUse ..IIhe i�xl4o i nq un „ten pxl'unq Is Ie g„y red along 121 Hines that are ad�2 gi]t Axl II2!AtP:Iny y. �lIngjg ra nlDH'yres�:dend,4 use a4. Front aAnd Gei a nes xterl ,or Side Yards: G1:96l x I~ esu ideu#'ux ylm p n i; U I... Where a pxu em iRg 1et b; located across a street from Px 9p 9lyy ZGR9d Cem residential use, continuous landscaping shall be provided G.1:9Sx 9R9In6l1lgd1: d px9eG9R` (4..QQ0/e) 9 Ulln9 s4eetthe frontage to a height of three feet (3'). SUGh I ngyxnw llxlgg sl::44 G9RScG`i Rd/axe 94184x9Ilpfal :Rg r:Ratei4 �24I'I' Shade trees shall be provided at the equivalent of flipy&nveR�y feet (5Q75') apart along the abutting Ilpi:epxe4y jgt line. Comment [NB40]: Preferred species are in the plant list (appendix)_ The primary trees will always be shade trees due to the requirement of one per island_ Comment [NB41]: We have combined the regulations for parking lot and perimeter landscaping to help simplify the code, and to eliminate guesswork on where one regulation starts and another begins_ The slightly more restrictive parking lot landscaping has been applied_ Comment [NB42]: Defining the "area' where these regulations would apply_ II"9R:t 4Rd n e� iiI ei!: sIide yad ds II 44 °II:"fie yey Comment [NB43]: Language moved 142305 C 4 dl.). Rear a nd Interior Side Yards: a px lmll�:Rg 19`t4. 1bUtG llx1:9lx8 y , 911g8d 4ImgskJ @Rt4U .. use, I iigdsG llxAgg sl::44 be pxicevlided s.x k)4ewc 04I'. Thescreen/buffer ai�aa b8tW89un #;@ Ilpaickaligg IeU...and 1h@ P9Say'@Rt4U ', x1:9p @4y kR9 shall be Il EoV:ded at a minimum of six feet (6') in height. ,',,�24 Shade trees shall be provided at the equivalent of uq9 e ex e 1haiq fifty feet (50') apart a l gl q j!]2 '....2.l2.�'!.p..p .p .3....L2.p......n.e.: SPECIAL MEETING - September 13, 2016 Page 185 of 449 Updated September 2, 2016 ,, (0( Other planting material, including ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials shall be provided at intermittent locations, covering at least seventy five percent (75%) of the l.!.!ly.q.�21,: frontage. ( Comment [NB44]: 142304 C 5 -neteu's.... Abutting/9I„sell P P„ Non „iuleully I' :esidentlalucrll eu�yile; ” e.ICau . Wheue a::i 9u:ukiu g latabuts pilepeFty Zoped foill a &,....I'Il,andscaping shall be provided across fifty percent (50%) of thI :it IlDDoF:tlaop of the abutting the lot„ line to a minimum height of three feet (3) 4 oil lot Runes geaP a than ( in Ily.....544oh i��o�dso::Ip: is p shl 34 eaub,abet of beu a e ...shl :ide au�....11�u�u��9u.e.�9 ieeP/ ) eingI .. u:unci crwu a:imeptatileee, eveugueeub& IhFw :4bbeuy, hedges, aiu d/qiil otheF kve pk:ii#Rq m:iteF4& Rplantings shall be placed in clusters, containing a minimum of seven (7) shrubs per cluster, spaced at intervals of approximately thirty five feet (35') along the 12 IlnFopeu ty line. J, -Q-. Shade trees shall be provided at the equivalent of seventy five feet (75') apart along the abutting jgj line. LeII III2PIaIIls,, II E)ill dsca ping peg,u llre!irneInts it may b �: ved by PIIS eaII�II�u II P „ Ud III in 2II1...tIle t C 1eIIe SII ti„VIII t q e 0S II' Comment [NB45]: This allows flexblitfor areas along drive aisles, throughout the B5 zoning district, etc_ where a setback may not be required- u311ci ooFii eu..., acti'e Yu3114IISak Ilue edded:: ASI pteFaoF &lde a:ipd eail you:wd..peil4meteF �andBoa Pl lily g utN eGt.S..eha4 IIge Sod ded o F 6 eed e4 (0 ii:::d it -2:14 993, wtN1 d Nle:: Comment [NB46]: 142304 C 4 and 5 14.2307: FOUNDATION LANDSCAPING: IT] [ A. Setback: landscaping area a minimum of tep ;auto;... set (40,4') in width shall be located, around the peil4meteF fiont t2nd ext ulau side rgce2de of all buildings; decorative, year round planter boxes and pots may be an acceptable alternative subject to approval of the community development director. B. Coverage: Required foundation landscaping areas shall remain open and free of all paving except where walks to buildings and other similar paving is required. C. Landscaping Materials:oV:4pdatt ep 41II°&Gwapl il"II; I shi 'i4 be pilovkded ielill u:i l "ut44pg - Comment [NB47]: Addressed in A above Such landscaping shall consist of�''�e 1 �rnamental trees, evergreens, Comment [NB48]: Shade trees are not shrubbery, hedges, and/or other live planting materials. Particular attention shall be appropriate for foundation landscaping paid toward screening mechanical equipments, bn GYGle DaF4ng aweaec, land loading Comment [NB49]: Why would we screen a bike parking area from view? SPECIAL MEETING - September 13, 2016 Page 186 of 449 Updated September 2, 2016 dock; softening large expanses of building walls; and accenting entrances and architectural features. Comment [114111350]: These regulations are not incol into Site Andscalpiny noted alwe- 4, Shade Uses shik be px&dad at *e equ4��i�ept of sevepty4ve feet (75!!) apm:::t use salt My Waits and shaW be sodded I ARkwd exinn We ym4s, A4 -6� pepeky 4Re SPECIAL MEETING - September 13, 2016 Page 187 of 449 Updated September 2, 2016 use W My WeNts and shaW be sodded I QM and ouRw sWe ymcls, All MKOF side and Few yaW pKii-neteill k!iirdsou�iispq aFeas shu�i4 be sodded oill e� tauquu4apl e Famaly ReWenhal kspeky; Whwe mulpWInny ;ssidenhK 1:r epeky abWs 4, Shade Uses shik be pavidad M hhe equbelent of nO Fuen thain seymoty lye :feet (75�) apak aleng the ebulng Ilslcrilceuiy kpe5444 tiees shak be spaGed Wneahy:: Othell: EiRdGOEils*g WeOaQ NeWding bwms&f "abble, ememen4K lwesv eveFgFeepsv shil�:4qeFyv hedge sv eh;Wx sthel&W waMhg PmAAAs 4W be prow d aL nLerniifteinL locaLloins across ffty peroenL (501%) of Lhe ak+uftling projoerLy hne 6 h Fu be an a W be Ilcluueed I R o lu Man ee M5 R � iir 9 a Il:4 sill ii -nu ii: -n of s eve iir (7) s h lu be pelf: ab:4#ka g pFopeilltyki�e:: use Ga4 dlhuuiFdy ii-nateFk�ile and shall be sodded pfilypt aj4d OOF114eF e4e yuuuats All MKOF side and Few yaW pKii-neteill k!iirdsou�iispq aFeas shu�i4 be sodded oill -6� SGI:s�,9411 gOf Refuse DFsposaAFeu�iw Me:44se dFsposa�� EiFees shk be smsened OR Comment [11411351]: This regulation is covered aR WUF (4) sides by a sWW Ymed feRee OF an equbkept soFeeplpg :to a in Article HL hisght OfeX :feet (61 OF height Qpmpmed Mae c4sposu�il ecru tak�eFsrlNoheveiil b, j5slis�e4lg� Of GFOURd Based U:W4�eG; M gFOURd based My boxa, W&IRawsv Comment [11411352]: This regulation is covered in Article HL vlew u:W4pq eveFgFeeiir lapdsouuiphp whi,sh 44 pmWe the W of -the Wswd based u:64tyGFound based =Nes 4g exoess Of Glx :feet (6!!) lR helght sha4 be bAWNg on hhe 41 OF MheF mateF4� as appmved by the d4eWOF and appFOPFlate lapdsoape mateF4& to soileeir :the eirokrGuFe(04: 6:14 2V :12-47-20:13) 14.2309: TREE PRESERVATION: IT] [E] This section provides standards for protection of trees on private property. Chapter 9 article V11 of this code provides standards for protection of trees on public property. A. Tree Removal Procedure: SPECIAL MEETING - September 13, 2016 Page 188 of 449 Updated September 2, 2016 1. No more than five (5) trees on any property, nor a tree having a caliper of four inches (4") or greater on any proposed development site, shall be removed without a permit meeting the requirements of this section. This section does not apply if the tree removal is requested by the village or if the tree is located on public property. Chapter. 9 of this code provides standards for removal of public property trees. 2. The application for a tree removal permit shall be accompanied by: a. A written statement indicating the reason for removal of the tree(s). b. A general description of the tree(s) to be removed. c. A tree survey of the general area (as determined by the department of community development) surrounding the tree(s) to be removed. The tree survey shall consist of trees four inch (4") caliper and above and include a listing of species. d. Arguments for removal under subsections A3c and Aad of this section shall be accompanied by a report from a certified arborist if requested by the department of community development. 3. The village shall approve an application for a tree removal permit if one or more of the following conditions is present: a. It is necessary to remove a tree which poses a safety hazard to pedestrian or vehicular traffic or threatens to cause disruption of public safety. b. It is necessary to remove a tree which poses a safety hazard to structures. c. It is necessary to remove a tree which is diseased or has been weakened by age, storm, fire or other injury. d. It is necessary to observe good forestry practice, i.e., the number of healthy trees a given parcel of land will support. 4. When a tree removal is occasioned by any development or land use requiring the submission of a site plan, or subdivision plan, the said plan shall, upon approval by the village, constitute a tree removal permit. 5. When removing trees, trees shall be removed in their entirety, including trunks, stumps and associated debris. Areas where trees were removed shall be restored to its natural condition. Restoration to natural condition includes, but is not limited to, deposit of topsoil and grass seed or sod. SPECIAL MEETING - September 13, 2016 Page 189 of 449 Updated September 2, 2016 B. Protection Of Existing Trees: The following materials are required for all development activity requiring site plan review: 1. A tree survey indicating the location, size, and species of all trees located on the parcel with a caliper of four inches (4") or greater. 2. Every reasonable effort shall be made to retain existing trees on the aforementioned tree survey through the integration of those trees surveyed into the site and landscaping plans for a proposed development. 3. A tree preservation plan indicating, at a minimum, the location of those trees to be preserved and the methods which are to be used to preserve such trees. This tree preservation plan shall specify the following: a. The following preservation techniques shall be employed: (1) All grading and construction equipment shall be forbidden from encroaching within the drip line of a tree. (2) Crushed limestone, hydrocarbons and other materials detrimental to trees shall not be dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivably affect the health of the tree. (3) Snow fencing shall be temporarily installed at the periphery of the tree's drip line. (4) No grade changes shall be allowed under drip line of any trees located on the tree survey. b. The methods which are to be used to preserve those trees shall be clearly specified. If, in the opinion of the village, the necessary precautions as specified in the tree preservation plan were not undertaken before or maintained during construction, the land development permit for the parcel shall not be issued or, if previously issued, shall be revoked until such time as these precautions have been complied with. 4. In the event that a tree designated for preservation is destroyed or razed during the construction process, during regular maintenance activities, or has been removed without prior approval of the community development director: a. Such trees shall be replaced with new trees in accordance with the following: fff� uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuCmaimimupmeu muuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuumNuuuuuumumbmem muumOufuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu IIL SPECIAL MEETING - September 13, 2016 Page 190 of 449 Updated September 2, 2016 Replacement Trees For the above, in the event of a fraction of an inch, if a fraction is less than one-half inch (1/2"), the lower full number listed above shall be used. If a fraction is one-half inch (1/2") or greater, the higher number shall be used. b. A fee in lieu of installing a replacement tree shall also be acceptable if providing the number of replacement trees is not feasible on a specific property. The applicant shall submit a written statement indicating the reasons for the inability to provide the number of replacement trees. The written statement shall be accompanied by a report from a certified arborist if requested by the department of community development. The director of community development shall review and decide if replacement trees, a fee in lieu, or combination thereof is appropriate. A fee in lieu shall be as set forth in appendix A, division 11 of this code. 5. All replacement trees shall have a minimum caliper of four inches (4"). 6. Replacement trees shall be of like kind of trees removed and are limited to one of the species listed in the schedule of permissible plant materials maintained by the director. 7. Removal of trees designated for preservation shall be allowed only by amending the landscape plan. The amended landscape plan shall indicate the location, species, and size of all replacement trees. (Ord. 4590, 9-21-1993; amd. Ord. 5253, 5-21-2002; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013) 14.2310: PROHIBITED AND RECOMMENDED PLANT LIST II � II � II' III II Il a II II II II 1� ""II''"`II X14 II I IL..II S""II''"` t tainucMlIINau°mea* ur�ur� u,,°i Ilgau°mea* SPECIAL MEETING - September 13, 2016 Page 191 of 449 Updated September 2, 2016 Ac�eir sacxjhair1iin!�M SHver mgp�g Mainthus a1L1ssima I ret:� of heaven EgL!��g pgpyLffeira 1111Le ohrch g�12g!asffoha Russaiin ohve ��2ec�ies A�b �p�es ghisgg I�Hoba, feimaIe Ghinkg) (fgMgjg gDIy) 2oimffeira OsagGIT' 2L.I2gG�IT' II 2l§2g2g� �!2gL4,y (gI I §2g2s) ,pec. ie Qottoinwc)od (gII�pec�les) �Robhin1a IDsrG uddoacac. as [3,lac�k oc�ust `ag�lx 2aby�2nka collyllin o iii i Il a ii y i c,::, WeG,:phlng AiHow Syc�aimc)ire imapIGIT�k Ac�eir x firet:,,imaiini (,x« epj in �ailq , GIT' vvG:A areas) Z�( 21 Iudlal,u.dm 1 EgGu Maple Mountahin ash Uhmus ain,rinc.aiina Ainvk�aiin ehm 2!��2]Ha &beir�aiin ehm ANII IS pse of Dimts not duded Hinon the recommnded e2�2u]j IIt,s i,nam II,-)e.IISg1-rn11pped Wth the app�ova� of the d,rector 1 13,I::: IIa1IIlliiiiiYialln KK ii z c:l at incitaHafloin 2 jin6�2 2gjj,j2!2E) E� ota11li1cM Naimc, collyllin o iii i Il a ii y i c,::, &.G,',E Ds:n:rvdop�ataiinus Syc�aimc)ire imapIGIT�k Ac�eir x firet:,,imaiini ���ireeimain imap�� Z�( 21 Iudlal,u.dm 1 EgGu Maple SPECIAL MEETING - September 13, 2016 Page 192 of 449 Updated September 2, 2016 Ac�eir sacx�hairumuuayl IMG;: AG, s(�Uus Nppoastaiinum k)irse chestiinut EG,r.�.udIg DIg,a �RIveir ohrc'h gg,phinus Ioehflus�G X111 22�,iinbeaim 92'yg !g,dffoinmsttglul:dU hIsolry gg�,Ya ovaLa ]k�k2ily. CeTs o 6211lahs Coimimc)iin hackbeDry pud 2Lgna.�ffoha Ainvkaiin oeech Ll,hlngg 22IsIIS g!m§ y I Hac. gIiikqc) )Hob a Giinkl) (Mgg]�y) Ged�tsla ti,Iacaiinthos vairiineinm I hoiliNess hoilneyjggj:��t gyI2]I]g:,Iadus dlok�us Keiinhxa ky c,offeetiree ���iiineirea [:::1,utteninut air�x dt:'cAua 2 ,c ,1, airx airkiina Ainvk�aiin airch LIgU daimbair stye g2flua SW2 Queirc�us aHoa Whte oak 0, ueirc�us okmIoir SAai= `»"�'I te oak O,ueirc�us imac�iroai p [1,ur oak 0, ueirc�us robur [���iingI s oak 0, ueirc,us rubira Red oak LDDgg gIjujl,eiinsis tree Hac� Ll,hlngg 22IsIIS g!m§ y I Hac. axod�um dlstkIiu w Gt (ypiress SPECIAL MEETING - September 13, 2016 Page 193 of 449 Updated September 2, 2016 ILMha AInv ic.aiina I Ainvkaiin [3,asswc)od ha eucjNoLR e d im c) in d Ilund in ha tomeilosa I SHver Minden I IIal ov x,,,,,,131 13 res�staiint vairIetIes MIIRCiil IIq„il�llllllllm�u„ii t itaHaoin 6Fc,ct E� otaiiliCc 11 Naimc, collyllin o iii i Il a ii y i c,::, ���lk�ea ab�e§ 'qc)irway §p�,uc�e ll 'ea gjguj,, a Whte spLl j( g lk�ea oimc)i,H(a Sei,�2I n �p�,u( e Co�oirado spiruc�e )lilm:ds Daryfflora 3apg!2g§�vv]ILe SG: n�iinziesii §!�,gg «aiinadx:flnsis Caiinad�aiin heimIoc�k ,::: Iq � :z �I c a Q�Z14AIWE::]AL (jnJilihinuin ci�zc: at instaHafloin 2 "ll h c [JERE 2a tt 2 21902.9 f2l"in at fttfl E� otaiiliCc 11 Nainc: Coininoin Nainc: in in a1 a A im�::� i, im a 21 e Z�2g L 2gM ��2es tre dgg 2]gple ?�2�L 21�YL� ima�21e SPECIAL MEETING - September 13, 2016 Page 194 of 449 Updated September 2, 2016 Ac�eir LaLairk�um ai,LLaiin ima2jg avia ed IoucIseyGIT: Z l]�j� gj!�osa L�iin o =u, 2ggI1] IIc k aI6ryr Ainaiinct eir ahinffoha Saskatogii sG:�irvkbeinly Ain��aiinchIeir arborea �)c)winy ��Eykebei,Ey Ain:2aiinchleir Iaevls Megbgl]y �gEyk&beily Ain��ailnc�h�eir x gLgn�ffloira /App[ ��Eyk�ebeily Egt!1g 2i2ty2LYU9 Whte Qg�,pliinus c.airohiinlaiina Ainvkl aiin hoininbeam Ceirc,ls c.aiina6M�� E��asteinin redbud Coninus (ousa Kousa dogwood (.in:dsggjjI vaai Iiinei lills Qoc, Spur hawflionin 2'9!929! § Yy2§Llingl21 Ihw„�,IIionin !Agg!2g��g � �g�:��g!2g�aiina Sw:x�eil ilag�]g��a !Agg!2g��a sLeHaLa Stail imag!2gj�a Q§!!19 LMD211� Ain,:Lkiinhophoininbeam heHo6:flndiroiin aimureinse AVT1Gvkl alit cmiddiree iruinus ain2inc�aiina Md p�j�2] lrulnus Vi1,0liinlaiina Coimimc)iin c,hokec�heinry Le�ea tiffohata colmlm2l LpkGIT?.GIT? `�a2±2�,g Il222�jilc: L22!2g§!2 ��,Dgg22 tree Svirhinaa retic Uata Jaioaiinesa tireG IHac� SPECIAL MEETING - September 13, 2016 Page 195 of 449 Updated September 2, 2016 , t : ': t A�RGE�A,:::CHDUOUS &I H:W!'3s Y �ly ly staHafloiili 3 Fee &2])ilpha fi%Lk�ansa I in d g p u d s h a im c) rp h a gaphalaiin'thuds ocx6:�iitall s col mimc)n ouRollnbush Coninus aHoa tai lain dogwood Coninus alteininffoha pag)da dogwc)od Coninus imas Coilinehain cjheinry Gt2gA22G Coninus ra(..eimc)sa Girgy gAgg� Coninus seirk�ea �Red oseir do2wc)od ggtylus ain:Vic2ina Ainvk�aiin hazehinut Cotoineaster ac%tffohu V6ina c�otoiineasteir a&nq 22 oneaster Cotoineaster dvairkatus szG C p„t.ollna avte lua«Aus k:�dgg 2gtoineastei, Cotoineasteir imuftffloirus Mainv flover :)I ed cmtoineasteir SPECIAL MEETING - September 13, 2016 Page 196 of 449 Aail 2!.dLIlm oush �g�,�yflNax iinteinmed�a [loi,6::;i, foirsy!bl a g�,,�y fli l a v I ij d I s s l im a GireQ:1iinsteim foirsyfl]�a �aimainOs veninahs Veininal witch haze� �aimain:) YIE2!19!29 Coimimc)iin Mc�h haze� Lau]gg pgnkUaLa laiinkaI hyGtl,angG',;..rl Hex vei,LkHHaLa Coimimc)iin Wiled2eirry opgffohus Coimimc)iin iinIiinebairk gla24,a Simc)oLh sumac L2�2�iina SLagbg�,iin sumac� SPECIAL MEETING - September 13, 2016 Page 196 of 449 Updated September 2, 2016 Saimbuc%s caiinada:�iinsis oeiny LE!npg apec�ies acU aimairlx iraimc)sss�ima stain2iin taimair�x Wourinum 6:,iilatum Airirowwood vHouriinum Wourinum ailaina Wayf�L�ilnq Lire�:� yHourinum Wourinum entagg 'qaininybeily yHourinum W ourinum mL� 0 Eur 2G 211 gran�2G,,,lLLY yHourinum HlJlrl!D:Jlm PLujlfohum [',Iakhat'vHouriinum Wourinum tlrHobum Ain:Vlc2in c,iraiinbeirlry yHourinum Wourinum x ourkwc)o& I ',urkwc)od vHouriinum Wourinum x irhyjldopbyIIg6,:'s aiintaiinapbyI jMV yHourinum �Ng�g��lg We�gg�g z SII II„1111 11 SII U SSII : y ll�ly gull t staHafloiili 5 fcicQ��� A�RGE:: E� otaiiliucM Naine C o ii n ii Yi o iii i Illq a ii n c:l steinin red c,edair ]!jg 2�:x�6211lahs AirboiAae &IAN II IMI,:::GHDUOUS �,,,II IIIIIMIt,,s Y lill 11 aull Yl �2tjg,l21 g,t IIinKKi, wallllaw;ilolli..................... 2 4 .......... E� otaiiliIcM Nainc: Coininoin Nainc: Ain:2�aiinc�h�eir sLo�oiinffeira �Ruinii�iing �g�,Yk�ebeinry Airoiinla in oiinoc2ilpa c,hokebeinry SPECIAL MEETING - September 13, 2016 Page 197 of 449 Updated September 2, 2016 Airoiinla airbutffoha :Red cjhokebeinry I 3eirbeirIs thuinbeirq�i Japgn!t? I I Inc Uy ]',eirbeirIs x n211ntoireiins�s Mentor barbeirry Ceonothus ainincaiinus �"qew Jersey tea Cethira ahinifoha SuminirswG:N:A c,IeLhira Cotoineante r apicUata Cranberry Cotoineasteir adp� essus CirG ephin2 c otoiineastein Cat„t,oin astei IlhoiIzoiinahs :taxa ks�Zrgy gtoiineasteir 1, ytll,l �Pggg oirsyfl]la L2M2.. ,Decies Lana� L,Deiricum spies st Johllncal t.... Hex veirLk.HHaLa Comimc)n Mileid2eiriry M eir yl l��a Dg!12!12�y�vaiinkaa Ly :Rhus airoimatk,a Giro Icy w sumac� 22PLgMl� g Illtc isa DXeaf stephainaindira LE!npg =2 'I MeyGIT?.L, Hacu Ll,hlngg 221!:9 g Wss khm Hac� Wouninum c�airlesi :)wairf Korean vHouninum Wouninum sairgeiintii Swig ell VHounlnum Wouninum LrHobumAin,irlc inc�ilaiinbeinly yHouninum Wouninum x Judd vHouninum magglg 212922 gIggg SPECIAL MEETING - September 13, 2016 Page 198 of 449 Updated September 2, 2016 &IAN III I: UI:: S t R, '3 y�lyly staflafloin 116�2:,:) 24 1 , .............................................................................................................................. 1, l,uxus (oreana x seiMViireiins [lOxwc)od �=Deirviireiins Coimimc)iin boxwc)od [:3,uMs 1m1 1102LY!lg WeIeaf boxwc)od Ise ies aIsecLDiress eaLheir reed Zlamm� inkbeirry Hex x insG:vveae [',Lue L k)Hy J u Dpeirus 22 h in e in s 1 s ChMGIT!..G2 u:aD221 �!. D��2eirus hoir�zoiintahs C2 22122 p u:212ff ein:�s 12 : 2irocumbeiins Jap2GiGrn dl]112eir Ell" 12M 291 mm M� d2) �)liine �Rhododt:,,iindmn �r2229§�Rhododt:,riindiroiin �� ans imed�a LD§� Y�A E� ota11li1cM Naimc, collyllin o iii i Il a ii y i c,::, cu [ eaLheir reed Zlamm� Wsc�aiinthus �pec�ies Ma6��iin 2Lg��rI2ecies S �ies sAith gEg§§ �rpecies niin)sG:Aum setaceum 0 11 L� q �,ass SPECIAL MEETING - September 13, 2016 Page 199 of 449 Updated September 2, 2016 SII ILII IIII'IIII AN '& ",pe,iie eire!2!2IaI faIsQ,, spII-aea vainetIes [�3uddIeIa davIdII ['',uUeirfly !2u.d L 21`Y�r21fll=jM §pIG s Gai-62iin Imudlm and daIsy yg�-IetIes 92�-2psis sp(IG, ti kseed anal IG 2 I c� In 11 1 e d I III q LQ �I tyIQ tIes CoiineflowG2i- vai-IetIes I kaimeiroc2IIIS sp2 13'ayIIIyygI-IetIes I k,:'ujcjheirg spg(ies CoiI oeHs vai-IetIes I N229 ",2G'sies pIaiintaIlli IIIy yIetIes LI§ �pec�ies i -Is vai-IetIes )eiinsteimc)iin dIgItahs [:::leai d Loiing�jg �)G„2nIg �rpec�ies EG"g]y vai-IGLIes DeirovskIa spg��:�iG �ussiaiin sagg RuA�Q'I¢. CIa spQ.Q,ies QoiineflowG':rr vai-IetIes L4:a:gg -g2tgn§ udl SI ' ',eai Ioei iy 2'(IiiniinIkIiiniink�k Asairum euro[" gg!.d�2] lu-22gg1] WId MUM II G'1-qG !2Ia c,oirdIfoha 2E ]G'gEL!ggf I2gcgG-,Il1 g SPECIAL MEETING - September 13, 2016 Page 200 of 449 Updated September 2, 2016 Carex X I" c)inV„',a"rVu'I„I a:;Y dgDl g �a” 22" 1111g§!2 �2�„G>. g .G.da"%Iliyll"1G„7U.d,; G"±IjGdllid°".I Na26ryla Ilia,";hx [.;;lll... h....l2y. kflHa'boiru irla"Illit h .ellita"Illi V"k,7se ll[7a ( oimimuinis `air,vair, reIDaiindaC"`„Ia a ptng pudllil[�a,,l„r yu.dlli,l[ a 2 o VrvlY1Iba":' Il swal i pgpgllia � ggg ata'lli II„u;jnl a lr II Isla Jal �pk( aLa Cira:ephiIIg,IIIy lug MhoiiIIIaG':tp Ills Creeping ging I"il llla"%Illl It.,;laG�taGt a aryt Ud"��tG' H I IIc(YGIa s ``,,,.. IDiro .U,,dlillbeiii I,la-, Il,a-,II,,y J (.III IIIG�I to I m�.i.,iilall .... JV„apgiila st?�t: l «Illy ,„ Il�aul p. I u„ yuai„pi uda�li „i„rc nl g .... a I,jlheiilocc, suds tl k uaspdata I wOst 111 ivy.... a l C¢ IGG:t.I�kIG"sla a��� .,III” Ima�I�������. Sedum..... I.MJl §2mylluamg, La a 2hln ...tlllym!2 Viinc.a Imluloir Ca"%Ii imc)III IDei I riuNde W „Iatsta lulu to I ulat ,.... Il:w„aIle ul sbrawbeirry SPECIAL MEETING - September 13, 2016 Page 201 of 449 Updated September 2, 2016 DEFINITIONS El 14.2401: PURPOSE:1i In the construction of this chapter, the definitions contained in this article shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions and rules of word use shall apply. Words contained in this chapter and not defined hereinafter, shall assume definitions as prescribed in Webster's unabridged dictionary (1979 edition). ABUTTING: Having a common border width, or being separated from such a common border by a right of way, alley or easement. ACCESSORY STRUCTURE: A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of a principal structure. Said structures may include, but are not limited to, garages and sheds, as further defined by this code. ACCESSORY USE: A use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary, incidental and subordinate to the conduct of the principal use. ALLEY: A public or private way permanently reserved as a secondary means of access to abutting properties. lMA tEt��� I „I UIQ Ila Uusaa U gal] „I,as ialll'IyuuIlRg� a 2 Rl !ll'',Vat Comment[NBS]:MovedfromArticleIII ai9I,u :P9!I,:91a iu,,,,,, noncoll irnei au coirnirnuuncatlo Aireateuull n6udes ptsons wth a IIaaII �:)t aona t in uacflo techng, :& a212!y th l2ffl 21121 gu irn trod wthout c l!Iaat I2tg uu1l21y iunPauaat, and allNO not IIln6u.ude coirnilnei Eau P-uI oa castlnrj 11130, -Ulla safbty coirniruuuncation all I3ua asslonau tea way Egdo seiivlces Aso....lknown ....as "hairn acflo." AMUSEMENT DEVICE: Any machine, game, table or device which is designed, intended or used as a test of skill and may be operated by the public upon insertion of coin, or token, or the use of which is made available for any viable consideration and is operated by the manipulation of buttons, dials, trigger devices or electrical impulses. ANTENNA: A system of wires, poles, rods, reflecting disk, or similar devices used for Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 202 of 449 Updated September 2, 2016 the transmission or reception of electromagnetic rays, external to or attached to the exterior of any structure. nd surface "�V llnn VII" " 1�IQII " Comment 18 sent and re eyed II .. IIS I���p�nl wIi-6ess sei-0 e fa IIID "Antenna" sIhou� d not II, -)e used APPLICANT: Refer to section 15.202 of this code. APRON: Refer to section 16.202 of this code. ARBOR: A latticework bower or archway supported by three or more non-linear posts typically intertwined with climbing vines and flowers. AUTOMOBILE FUELING STATION: A business establishment which includes the retail dispensing or sale of vehicular fuel and incidental convenience goods, having pumps and storage tanks thereon but no repair services. AUTOMOBILE GARAGE: A business establishment which shall include major repair of motor vehicles, including the rebuilding of engines, or major reconditioning or reconstruction of worn or damaged motor vehicles or parts thereof, body, frame or fender straightening, or reconstruction and painting of vehicles or parts thereof. AUTOMOBILE MAINTENANCE AND SERVICE CENTER: A business establishment which shall include incidental or minor repair of motor vehicles, including the replacement of worn or damaged parts in minor motor or tune up services, but not including the sale of gasoline products or any operation included within the definition of "automobile garage". AWNING: A rooflike structure made of cloth which projects from a building for the purpose of shielding a doorway or window from the elements. BASEMENT: Refer to section 21.501 of this code. BEAUTY SHOP: A business establishment where cosmetology services are provided. This includes, but is not limited to, hair, nail, and skin care, and other spa services not including massage therapy. Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 203 of 449 Updated September 2, 2016 BENCH MARK: Refer to section 16.202 of this code. BLOCK: A tract of land bounded by streets, or combination of streets and public parks, cemeteries, railroad rights of way, waterway shorelines, or boundary lines of municipalities. BUILDING: Refer to section 21.501 of this code. BUILDING, EXISTING: Any structure erected prior to the adoption of the appropriate code, or one for which a legal building permit has been issued. BUILDING LINE (Also Referred To As BUILDING SETBACK LINE): The line established by law, beyond which a building shall not be erected or extend, except as specifically provided by law. BUILDING, PRINCIPAL: The primary structure or building located on the lot which houses the permitted use or conditional use within the zoning district. CANOPY, NONRESIDENTIAL: A permanent hood, awning or rooflike construction, which may or may not include support columns, which projects from a building wall for the purpose of providing shelter or protection from the weather. CANOPY, RESIDENTIAL: A rooflike structure, without walls, screens, or windows, that projects from the building wall, covering a stoop, and does not exceed the dimensions of the stoop. CERTIFICATE OF COMPLETION: Refer to section 15.202 of this code. CERTIFICATE OF OCCUPANCY: Refer to section 15.202 of this code. SII � � � n fU C�j III 1�1J 11 p' 111 inn �lfnll n 111" i� n Ili rw11ne c SI I"Iler Comment [NB3]. Moved from Article III (."xei"l !ca1 c dlocadon) 2DdgEn.gy2Eal mounts on aur exIlst' g �dng Ilan In.ore than on ............................... COMMERCIAL/BUSINESS SCHOOL: An establishment which offers specific courses of classroom instruction, for profit, to the general public, in business, trade, industry or other trained skills; but does not offer academic instruction equivalent to the standards prescribed by the school code of Illinois. COMMERCIAL TRAILER: Any trailer: a) carrying work equipment such as ladders, Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 204 of 449 Updated September 2, 2016 snowplows, hand or mechanical tools; b) carrying work machinery on or affixed to the outside of the trailer; c) containing a refrigeration unit or other motorized compressor; or d) being used for storage shall be considered commercial trailers. None of the following shall be considered a commercial trailer: a) a recreation trailer that is not included in the above categories; and b) Mount Prospect police or fire trailers. COMMERCIAL VEHICLE: Any vehicle with a class designation other than passenger, or trailer carrying work equipment such as ladders, snowplows, hand or mechanical tools, or machinery on the outside of the vehicle orm ii «i eim„, GI «u]y ...fnig e �� .. i ii «ie..�i- .',. containing a refrigeration unit or other motorized compressor, not including air conditioner units used for the comfort of the driver and passengers; or any vehicle or trailer containing a name, logo, or any other signage for any business enterprise visible from the outside of the vehicle; or any vehicle used for public transportation purposes capable of carrying more than seven (7) persons, excluding vehicles used as commuter vans as defined by the Illinois motor vehicle code. Government police and fire vehicles falling within the size criteria set forth in this chapter, pickup trucks with class B designation, passenger vans with class B designation, and recreation vehicles not fitting within the above criteria shall not be considered commercial vehicles. COMMON OPEN SPACE: A parcel or parcels of land intended to provide light and air, and designed and intended for the common use or enjoyment of the residents or occupants of the development. COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis, or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. COMPREHENSIVE PLAN: The plan for the long range growth and development of the village including graphic and written proposals and supporting or implementing documents, as are adopted and amended from time to time. CONDITIONAL USE: A use that, owing to some unique characteristics attendant to its operation or installation, is permitted in a district subject to approval of the village board, and subject to special requirements, different from those usual requirements for the zoning district in which the conditional use may be located. CONTROL OR OWNERSHIP: Any person, agent, firm or corporation having a legal or Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 205 of 449 Updated September 2, 2016 equitable interest in the property or having the legal authority to act on behalf of all owners, which shall be evidenced by deed, contract or other written guarantee. CUL-DE-SAC: A local street, one end of which is closed and consists of a circular turnaround. DAMAGE: Any direct loss of property by fire, windstorm, flooding or act of God. DAYCARE CENTER: A nonfamily home that regularly provides daycare for less than twenty four (24) hours per day for more than three (3) children. Daycare centers shat' meet all applicable village, county and state regulations. DAYCARE HOME: A family home which receives more than three (3) and up to a maximum of twelve (12) children for less than twenty four (24) hours per day, provided the mix of the children's ages does not require an assistant pursuant to the Illinois department of children and family services' licensing standards for daycare homes. The maximum of twelve (12) children includes the family's natural, foster or adopted children and all other persons under the age of twelve (12). Daycare homes shall meet all applicable village, county and state regulations. DENSITY: The number of dwelling units permitted per acre of land excluding land area occupied by public or private streets. DETENTION: Refer to section 15.202 of this code. DEVELOPMENT: Refer to subsection 15.1036 of this code. DEVELOPMENT SCHEDULE: Refer to section 15.202 of this code. DEVELOPMENTAL DISABILITY: A disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or similar physical or mental conditions which are manifested in the early stages of life and expected to continue indefinitely. DIRECTOR: The "director of community development" as defined in section 15.202 of this code. DONATION BOX: An outdoor container or receptacle used for collecting donated household items such as clothing, shoes, and books. DRIVE-IN RESTAURANT AND DRIVE-IN FOOD ESTABLISHMENT: A food service Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 206 of 449 Updated September 2, 2016 establishment with or without interior facilities for eating which caters to and permits the consumption of food either in customers' automobiles parked on the premises, or in any other designated area on the premises, outside the establishment where the food is prepared. DWELLING: A building, or portion thereof designed or used exclusively for residential occupancy. Not included are hotels, motels, rooming, boarding or lodging houses. Multiple -Family: A building, or portion thereof consisting of three (3) or more dwelling units. Single -Family, Attached: A building, structure or portion thereof containing three (3) or more attached single-family dwellings where the units are primarily connected horizontally. Single -Family, Detached: A building containing a single dwelling unit only, which is separated from all other dwellings by open space. Two -Family: A building consisting of two (2) dwelling units which have been attached. DWELLING UNIT: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate bathroom and facilities for cooking and sleeping. EASEMENT: Refer to section 15.202 of this code. FAMILY: One or more persons related by blood, marriage or adoption or a group of not more than five (5) persons not so related, maintaining a common household in a dwelling unit. FAMILY COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of no more than eight (8) unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. FAMILY HOME: The location, or portion of the location, where the person to be licensed as the primary caregiver in the daycare home resides and is domiciled. FENCE, AREA: A fence located immediately adjacent to a permitted patio, deck or similar accessory structure. FENCE, OPEN: A fence, including gates, designed and constructed with at least fifty Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 207 of 449 Updated September 2, 2016 percent (50%) of its surface area as open space of uniform distribution, when viewed from a right angle. FENCE, PERIMETER: A fence located on or within six inches (6") of a property line. FENCE, SOLID: A fence, including gates, designed and constructed with greater than fifty percent (50%) of its surface area as opaque material of uniform distribution, when viewed from a right angle. FENCE/WALL: A freestanding structure resting on or partially buried in the ground and rising above the ground level, forming a barrier which is not otherwise a part of any building or other structure and is used to delineate a boundary or as a means of confinement or privacy. FLOOR AREA: The sum of the gross horizontal area of all floors of a building, including principal nncla and sdd fbd accessory structures and steicageae eas.as measured from the exterior wafls2gjp�,lu t. Floor area shall exclude: A. Areas used for storage of building, mechanical and HVAC equipment; �II#&l"�or �oadl Mp 0Gk6i1Comment [NB4]: Only Residential Districts have FAR requirements, which don't have "interior loading docks". Basements in single-family dwellings with a ceiling height less than three feet (3') as measured from the av@Fage gni111 h�grade; — Comment [NBS]: There's no such thing as "average" grade in our code_ We should calculate from finished grade per definition in Attic spaces in single-family dwellings with a ceiling height less than seven feet Chpt 16 (7') Comment [NB6]: Why 7 feet? We should comply with building code requirements on what ceiling height determines habitable p hnend osed pg'rings, §jggp §, god gaI]gpes:l as defli ed lug d is chapjgl";...and E. For the purposes of determining off street parking requirements for restaurant uses, floor area shall not include areas devoted primarily for storage, restrooms, and corridors used solely for accessing these areas. FLOOR AREA RATIO (FAR): Determined by dividing the number of square feet of floor area in all buildings on a lot by the square feet of area of that lot. FREE AND UNLIMITED PHYSICAL ACCESS: The existence of at least one unobstructed passageway from the second housekeeping unit to the entire remainder of the dwelling unit. To conform to this definition, the passageway may have a door, but the door shall not have any locking mechanism of any kind whether the lock is used or not. The passageway shall clearly permit all persons on the premises to have access to the entirety of the premises. A lock on a separate bedroom door within the second housekeeping unit shall be permitted pursuant to this definition. FRONTAGE: The narrowest portion of a lot or parcel which abuts a public street. Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 208 of 449 Updated September 2, 2016 FULL CUTOFF FIXTURE: A luminaire, or light fixture, that allows no emission of light above horizontal. GARAGE: A structure designed to house motor vehicles and to store items and equipment necessary to maintain and keep up the primary structure and the property that it is located upon. GAZEBO: A freestanding roofed structure that is at least twenty five percent (25%) open sided and is designed for recreational use. GLARE: Light emitting from a luminaire that causes reduced vision or momentary blindness. GREENHOUSE: A structure constructed primarily of glass or other translucent material which is devoted to the protection or cultivation of flowers or other plants. GROUP COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of nine (9) to fifteen (15) unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. GUARANTEE: A form of security, including cash escrow, letter of credit, or surety bond, acceptable by the village to assure that required improvements are completed, operating properly and/or adequately maintained. G , Uli" � tIi d I r Comment [NB7]: Moved from Article III )IIII I�� I���u���p���l�� ��I Iipl� �� i����1 illni � �` �� i�n�� I���uu�� ��I ��illn��u .�u�lf�,�, I2 HARDSHIP: A practical difficulty in meeting the requirements of this chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances. HEIGHT, BUILDING: Refer to section 21.501 of this code. HEIGHT, FENCE: The vertical distance as measured from cneaiq grade, level to the Comment [NBs]: There's no definition for highest point of the fence, excluding the required drainage separation area as further "mean' grade level_ We measure fences at 9 p 9 q 9 p defined in this chapter. grade at the base of the fence HOME OCCUPATION: An accessory use conducted completely within a dwelling unit Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 209 of 449 Updated September 2, 2016 and clearly incidental and secondary to the use of the dwelling for residential purposes. No home occupation or part of any home occupation shall be conducted in a garage. A home occupation may include a for profit home business or a home office for a resident who may work for another employer, or contract or consult with another company or individual. Any home occupation or home business is subject to the appropriate standards of this chapter. HOTEL/MOTEL/MOTOR INN: An establishment which provides lodging accommodations for transient guests where less than twenty percent (20%) of the rooms are used or intended for occupancy by permanent guests. A hotel shall provide maid service, linen service, telephone and desk service, and the use and upkeep of furniture. Said establishments shall exclude boarding or lodging houses, and apartment hotels. IMPERVIOUS SURFACE: Refer to section 16.202 of this code. IMPROVEMENT, PRIVATE: Refer to section 15.202 of this code. IMPROVEMENT, PUBLIC: Refer to section 15.202 of this code. IMPROVEMENTS: Refer to section 15.202 of this code. KITCHEN UNIT: Refer to section 21.501 of this code. Comment [NB9]: Moved from Art 111 I I I �I II aha g1 �1U11�d,..I nI�UUlI ted UP I uctuI e t at Is seff supp���li ng 'J1f° t n I nU tl pl f2 j2g` and c lessII)IU�„ ing 2fstruc tura1 ste6 IINQ I &, CI)4 . II :�� cwt UUI GUIaURUlm 1 11 6 ... 6e1 IeUlu 6...p 1h ... 1 u sem II IIU6 Use Gediiqg Maigy 111, bui�aay eipYb4G 1:9'Gd@pai#R@i# 9fG91cRr:R91:G@,::1965,...as ar:Reiigde6, eic Ihe rRest G9d9 U d8t@e 4111 @d b III n9 &@Gt9� 9:f G91cRcUU114ty lmaRL: , ( Comment [NB10]: This is the only reference to "Land Use Code' in the entire Code LIGHT TRESPASS: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. LOT AREA: The horizontal area within the lot lines of a lot, measured in feet. LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection. LOT DEPTH: The average horizontal distance, measured in feet, between the front and rear lot lines. The distance shall be measured from the midpoint of the front lot line to the midpoint of the rear lot line. LOT, FLAG: A lot with access provided to the bulk of the lot by means of a narrow corridor. Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 210 of 449 Updated September 2, 2016 LOT, INTERIOR: A lot other than a corner lot LOT LINE: A recorded property boundary line of any single lot which divides one lot from another lot or from a right of way. LOT LINE, EXTERIOR: A recorded property boundary line which divides a lot from a road right of way. LOT LINE, FRONT: A recorded property boundary line separating the front yard from a road right of way. LOT LINE, INTERIOR: A recorded property boundary line which divides one lot from another lot. LOT LINE, REAR: A recorded property line boundary that does not intersect a front lot line and is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line. LOT LINE, SIDE: Any recorded property boundary line other than a front or rear lot line LOT OF RECORD: A designated parcel of land identifiable as a single separate tract which is part of a subdivision, the plat or deed of which has been recorded or registered with the appropriate county office or the deed to which has been recorded or registered with the appropriate county office pursuant to 765 Illinois Compiled Statutes 205, and which is intended to be used, developed or built upon as a unit. LOT, THROUGH: Any interior lot which has a pair of lot lines along two (2) substantially parallel streets. LOT, UNIMPROVED: Any lot or tract of land which is unoccupied by any building or aboveground structure and upon which no construction has commenced. LOT WIDTH: The horizontal distance between side lot lines, measured in feet, at the required front setback line. LOT, ZONING: A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. The single tract of land may or may not coincide with a lot of record. LUMINAIRE: A complete lighting unit consisting of the lamp or lamps and ballast(s) together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. MANUFACTURING, HEAVY: The assembly, fabrication or processing of goods and Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 211 of 449 Updated September 2, 2016 materials using processes that ordinarily have greater than minimal impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, visual impact, odors, glare, or health and safety hazards, or that otherwise do not constitute 'light manufacturing". Heavy manufacturing generally includes processing and fabrication of large or bulky products made from extracted or raw materials and processes that require extensive floor areas or land area for the fabrication and/or incidental storage of the products. "Heavy manufacturing" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use. MANUFACTURING, LIGHT: The assembly, fabrication or processing of goods and materials using processes that do not create noise, smoke, fumes, odors, glare or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place, where such processes are housed entirely within a building. Light manufacturing generally includes processing and fabrication of finished products predominantly from previously prepared materials and includes processes that do not require extensive floor areas or land areas. "Light manufacturing" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use. MASSAGE ESTABLISHMENT: Refer to section 11.3901 of this code. MINIWAREHOUSE: A storage or warehousing service within a building for individuals to store personal effects and for businesses to store materials for operation of an industrial or commercial enterprise elsewhere. But in no case may storage spaces in a miniwarehouse facility function as an independent retail, wholesale, business or service use. Spaces may not be used for workshops, hobby shops, manufacturing or similar uses. Human occupancy is limited to that required to transport, arrange and maintain store materials. N '. n i l n l nfn „p �nl fil 11 q,l i � n III Comment [NB11]: Moved from Art III II ip �i I�nn,i! In�n.!I,i nilm n� structure shaft of wood ...ste6 or concrete I ete nd....a 2lat o1 I nl 21....! g uwnantennas a I'"r" y2d at �n �nV .... lfil�, l �;�nll�n� il�nunn..� often Ilan Imlm n i Ip t lml�n�� I i g nlilou ...on inn u U Illi ODI ; S Il ll�AI3I' II IA structure e sl: nij„I I to II.)„uni nln „Ilei Man a sllIe , In de 11ni pal„u i 11 l �:,Oi p p In �nlm...V l Ina„ ed i .!. inn lnd nf2d p��....p�Eg12g p:.ln�n�nn��N:n6d g2ods from the 6ements OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property. PARK: An area open to the general public and reserved for recreational, educational, cultural, or scenic purposes. PARK, COMMUNITY: A park by size, program, and location which provides space and Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 212 of 449 Updated September 2, 2016 recreation activities for a defined service area or a significant geographic segment of the community. Such facilities may provide both outdoor and indoor recreational areas including open space, athletic fields, public pools, community centers, recreational centers, or similar uses and their related off street parking facilities. PARK, NEIGHBORHOOD: A park by size, program, and location which provides space and recreation activities for residents and businesses located within a one mile radius. Such facilities shall be limited to primarily outdoor recreation areas including open space, athletic fields, tot lots, public pools, or similar uses. PARKING LOT: Refer to section 15.202 of this code. property to store automobiles, motorcycles, trucks, vans, II. e 1 eatf,,opip„d,lvehicle trailers and recreational vehicles, with primary access from a driveway. PARKWAY: Refer to section 15.202 of this code. PERGOLA: A freestanding, open roofed structure that is open to the elements, consisting of columns supporting girders and cross rafters which vines and other climbing plants may grow. Comment [IT12]: Parking pads should be in residential areas only, and should be used to store only the owner/tenants vehicles, and should have access to a driveway to prevent driving over grass to access it. p° "II p � p dll d III I II"' I I III � n I II i tUI I" l hti II�d I"C1 tl l ( Comment [NB13]: Moved from Art III lnt dl',II Q i fUp',I,I, C11 llnlli„p d IC1 t^.ill tl i..".v. I” si �„�ond�!J.IIP's, ducts, p r In11, I tl�t,t�lve:l dl„stij )ute,, ��tl�t I'6 �w111�11t s IIS Cwll�ptl�r..dp�p'nli��nnll�� tl�s tJl,^"ntl�t�.c�I Cw1 tl�v..tJl,^"ntl�t�toIlall�l,^"n.�.. �, a� fdi-tlnl 1 d„�, f in d 1pn tyle p�IC.1`c"Idtl"`'..�`11 Cw11ftl'I. Itl�tl�t`.�w1„IillltllJlll�ll',.c:ap'I�w111�1�....,��tl�l"�e"It tl�v«. «. �v �v �v �v. p6ecornlnuij: ati oun act A p2Em gonl Ii-6ess see- :gg ikty 1n ti le npplgpll minie term for c6� n1ie ” 1un oi-6nnnces and other of56:nl documents II II II VIII I ss & II' VI CI & o nllfnei- 1nl 1 6,-)1l Indl',"VI2 "fin., ru 1c en sed v"a°H-6ess see-e°It` es, and common nll'I"II„C,. n t I h,1,'',e w1H-6ess exchange IIIIge nc t e,^"ns ,^"ervil',t.'.es.. PETITIONER: Any person filing for any variation, conditional use permit, zoning amendment and/or appeal, change in the comprehensive plan and/or subdivision. PLANNED UNIT DEVELOPMENT: A parcel of land, or contiguous parcels of land of a size sufficient to create its own character which is planned and developed as a single entity, containing two (2) or more principal structures or uses, with appurtenant common areas and which is under single ownership or control. The plan does not necessarily correspond in lot size, bulk, type of dwelling, use, lot coverage or required open space to the site's designated zoning district classification. The site may be planned and developed as a whole in a single development operation or in planned development stages. PLANNING AND ZONING COMMISSION: Refer to section 15.202 of this code. Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 213 of 449 Updated September 2, 2016 PLAT: Refer to section 15.202 of this code. PLAT, FINAL: Refer to section 15.202 of this code. PLAT OF SURVEY: Refer to section 15.202 of this code. PRINCIPAL BUILDING: A building or buildings in which the primary use on a lot on which the structure(s) is located is conducted. PRINCIPAL USE: The main use of land or structures, as distinguished from a secondary or accessory use. PUBLIC UTILITY: Refer to section 15.202 of this code. PUBLICLY NAVIGABLE WATERS: Refer to section 22.102 of this code. RECREATION CENTER: A building, buildings, or use of land operated on a profit basis, with or without membership requirements, for the provision of entertainment, sport, or health/exercise facilities directly to the consumer; including, and limited to, racquet facilities, swimming pool, exercise and weightlifting facilities, basketball courts, jogging track, sauna, whirlpool, suntan booth and accessory uses. RECREATIONAL EQUIPMENT: Every vehicle or other transportation equipment designed to be used primarily for recreational purposes, including, but not limited to, the following: Boat: Any vessel used for water travel. A trailer upon which a boat is mounted shall be deemed to be a boat for purposes of this chapter and when such a boat is maintained on a trailer the two (2) shall be considered as one vehicle. Camping Trailer: A trailer constructed with partial side walls which fold for towing and unfold to provide temporary living quarters for recreational camping or travel use and of a size or weight not requiring an oversize permit when towed on a highway. Motor Home, Mini -Motor Home Or Van Camper: A self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk-through access to the living quarters from the driver's seat. Such vehicles must include at least four (4) of the following: A cooking facility with an onboard fuel source; A gas or electric refrigerator; A toilet with exterior evacuation; A heating or air conditioning system with an onboard power or fuel source separate Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 214 of 449 Updated September 2, 2016 from the vehicle engine; or A potable water supply system that includes at least a sink, faucet, and a water tank with an exterior service supply connection. Off The Road Vehicle: A vehicle intended principally for recreational off road use, such as a dune buggy, go-cart, ATV or snowmobile. Racing Car Or Cycle: A vehicle intended to be used in racing competition, such as a racecar, stock car or racing cycle. Travel Trailer: A trailer designed to provide living quarters for recreational, camping or travel use, and of a size or weight not requiring an oversize permit when towed on a highway. Truck Camper: A truck, not used commercially, when equipped with a portable unit designed to be loaded onto the bed which is constructed to provide temporary living quarters for recreational, travel or camping use. Vehicle Trailer: A vehicle without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. Other Recreational Equipment: Other wheeled items which are designed for recreational use but do not meet the exact definitions of items defined herein. RECREATIONAL VEHICLE TRAILER: A vehicle with or without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle, or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. REHABILITATION HOME: Any residential facility located in a dwelling, under federal, state or municipal licensing, which provides a home environment with room and board and recreational personal counseling or other rehabilitative services, generally of nonmedical nature, to not more than twenty five (25) individuals who require specialized assistance in order to achieve personal independence. A rehabilitation home is limited to mentally ill, chemically dependent, or alcohol dependent individuals and abused individuals. RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research investigation, testing or experimentation, development or research of products or of new and emerging technology, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory or as otherwise permitted in this chapter. Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 215 of 449 Updated September 2, 2016 RESIDENTIAL CARE HOME: Any residential facility which understate or municipal licensing, provides a home environment with services or treatment to persons with certain physical, mental, or social disabilities while functioning as a single unit. A residential care home shall include the following: family care home, group care home, and rehabilitation home. u I � II � I r d tl� p � �^a99 S (G9RV@Igtl�lR,4u vI i�, 1)9WIR dpi �� i �it�� 11 nl" �k�� ii�°� ���d @ f99d ( Comment [NB14]= Our code no longer e��II�Im� ���' ��1����W ��� l�� �w��re���r�,��' � �sll�l�� ��em �,���u���e: ���� 11��� divides restaurants by class P@r:468S 4Rd...c9I:V9(1...Pl:IIc Imat IR 9r... P9R IIq9R(fiSP96 b @ G9R:t I!R@r RY S@P:!Rg9 '4kw l:19k:'G beveages...cls 4 be # 9 681algg 9:f k)9d Q:::A99 dd (Pub):: e&44 @s:tab46h1:H@R:th9� 911 et[l feed aigd kiqyeicaee pe epaimad 4Rd c9l 9 t9 b9 G9RSYe R@d eIIq Ilse r4is e.s aieJ col @Pemae%e 4y...41 9II�9 R9R(ib;lpes4bI9..G9R:t,4og9Im6. a 'p:° k.)II I ::II ¢ II. ddl :II: II �� em sI � 1 I: �I IIne � 1 Iln .e � ...I II Imgl em d ud oil � Ak:)II I ::II 6 11. 9 d\1 (Fast Feed):: e94Il @S:tab46h1H9R:t Wh@9 feed uq ... ' peepaimad and S@Pl @d...Ilpeae i:l4y aur eI...uII eiq I'spes b @ G9Rt, all @ S 4)m G91g6U1cH k)1q 4!41 8 RESUBDIVISION: The division or consolidation of a previously divided lot or parcel; including alteration of public rights of way, easements and other changes of the subdivision. RETAIL ESTABLISHMENT: Any building or use where the primary occupation is the sale of merchandise and services directly to and for use by consumers, except not institutional, commercial and industrial consumers or for resale. RETAINING WALL: A freestanding structure designed and constructed to support a mass of earth or resist lateral earth pressures. RETENTION (WET BOTTOM): Refer to section 15.202 of this code. RIGHT OF WAY: Refer to section 15.202 of this code. SENIOR HOUSING: Housing in which all dwelling units are intended, designed, maintained, and operated exclusively for occupancy by persons sixty two (62) years of Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 216 of 449 Updated September 2, 2016 age or older. SHED: Small accessory building I Im aim i l u i � � lm i� im II I'u p, whether or not placed on a permanent foundation, that is designed to store household items and equipment necessary to maintain and keep up the primary structure and the property that it is located upon. SHOPPING CENTER: A business development containing four (4) or more indoor retail stores, connected by party walls, developed under one ownership, with an integrated building arrangement having an aggregate floor area of more than twenty thousand (20,000) square feet, which developed with its off street accessory parking facilities shall be considered as a single unit. Shopping centers shall include all retail sales and service facilities except drive-in and/or automotive sales and service. SHOPPING CENTER, REGIONAL: A business development containing ten (10) or more indoor retail stores connected by party walls and developed under one ownership, with an integrated building arrangement, having an aggregate floor area of more than one hundred thousand (100,000) square feet and located on a lot at least twenty (20) acres in size with off street accessory parking facilities. The development shall be considered as a single unit. SIGHT TRIANGLE: A triangular area established at the intersection of two (2) streets or a street and a driveway in which nothing is erected, planted, placed or allowed to grow so as to limit or obstruct the sight distance of motorists. Such a triangle shall have legs of ten feet (10') along the rights of way when two (2) streets intersect or when a right of way and a driveway intersect. SITE PLAN: Refer to section 15.202 of this code. SOLAR ENERGY CONVERSION SYSTEM: A solar photovoltaic device that converts solar energy into electricity or mechanical energy that can be used to power machinery, appliances, or generators. STOOP: A platform at the entrance to a building with a maximum dimension of eight feet (8') in width and five feet (5) in depth. STREET: Refer to section 15.202 of this code. STRUCTURAL ALTERATIONS: Any change in the supporting members of a structure, including bearing walls, columns, beams and/or girders. Copied 11/18/15 Comment [NB15]: Determine status of this language with the incorporation of Vision Clearance_ SPECIAL MEETING - September 13, 2016 Page 217 of 449 Updated September 2, 2016 STRUCTURE: Refer to section 15.202 of this code. „�W vl4u U)iV,.,U� ifUl1�1Jlli antenna i,yul�...,�1� i Comment[NB16]: Moved from Art III on structures, such as sire �illlgj]t�i tlm I nisi p l C1 tl I s tUil l..p:y ��C� d �, aII�r1 �f''.,� s aII�„ „ I V1G,;..� V1 X11W "0°°M �Y Ail sti'r.d(:Aure that Is Ilia I DerI1"1aIineiili1l a"s(:;atG".IJIa(.ed or affi CG"tComment[NB17]: Per legal recommendation ID U]g Dl.,we wheireIt Is oir wheire. It IsIntG,,,, n6:� d to ge p" g1g a aed..r. SUBDIVISION: Refer to subsection 15.103A of this code. TAVERN: For purposes of the zoning ordinance only, a tavern is a building or portion of a building where alcoholic beverages are sold to be consumed on the premises. Such facilities would not include restaurants where the principal business is serving food. TERRACE: A landscape treatment of mounded earth, rock wall, railroad tie wall, or other retaining device used to modify steep grade differences on a lot. A terrace shall not include a patio or deck surface. THEATER: Any building or structure designed for the enactment of dramatic or of musical performances and/or showing of motion pictures with audience seating and open to the general public without age restrictions. A dinner theater shall be deemed a restaurant. TRELUS: A decorative feature, linearly constructed of latticed or patterned materials, used to suggort climbingplants, that is no more than 25% opaque. TRUCK TERMINAL: Either end of a carrier line or junction joint with other lines having classifying yards or dock facilities, management offices, storage sheds and freight and passenger stations for state licensed trucks. UNENCLOSED PORCH: A roofed, open structure, without walls, screens, or windows, attached to and part of a structure, with direct access to and from the structure. UNIFORMITY RATIO: The average or maximum level of illumination in relation to the lowest level of illumination for a given area. Vi 11 II II;;, i SII L FI II III I III "I II' & orrrrnei-64 rr d,-)IIde sero es that can opg� "ni —(comment [N618]: Moved from Art III Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 218 of 449 Updated September 2, 2016 g... e i need s cw111�1 2�J� r''.I� Cw11'�ll,aIII�I I tl �J�tl�ll�l� Itl�°"'�, and:1 p:.,.ptl�l tl� Cw11 .. ....II�ICw1 tl . � l a �,�wyl`.illl �IIJ�ll�ll',�',^.c"�p'I�w111�1. 2lilll'tllls..sIo11"n (II:C9) Icense for each. 6sI:,te. UNPERMITTED SECOND HOUSEKEEPING UNIT: Any living quarters, located in a single-family residential zoning district that: A. Is within the walls of another dwelling unit or physically connected to a detached single-family home; and B. Contains its own kitchen unit that is in addition to the main kitchen unit in the residence; and C. Does not have free and unlimited physical access to the remainder of the dwelling unit. I�VIIIC�VII, XVII ...A Use not lutp .... Sin II"ny �ar111"11111"n Ilntll"nt II 111f%fl��,�; ��°�a;;,,°��a;;llq,� Use or �II"nll�n�ll"n� Use0r"r"n�"nl� Comment [NB19]: Per legal recommendation USE: Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied. Also, any activity, occupation, business or operation carried on, or intended to be carried on, in or on a structure or on a tract of land. VARIATION: A dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property which, because of unusual or unique circumstances, is denied by this code. VEHICLE TRAILER: A wheeled vehicle, including a recreational vehicle trailer, without its own motor power, that is designed to transport any material, object or objects and that is designed so that it is eligible to be licensed or registered for highway use. VILLAGE: The village of Mount Prospect. VILLAGE MANAGER: Refer to section 15.202 of this code. WAREHOUSE, STORAGE: A business that receives and stores goods of others for compensation or profit. [� A dnln I"ot1 dnai SeI"ns aII"nt1 Iec6tr"es a sIIII"n« III"n,aSII"eci10..1ns Comment [NB20]: Moved from Art III WHOLESALE ESTABLISHMENT: Any building, business or use where the primary occupation is the sale of merchandise in gross for resale to the retail dealers and/or use or resale of merchandise by institutional, commercial, and/or industrial businesses. WIND ENERGY CONVERSION SYSTEM: An apparatus for converting the energy available in the wind to electricity or mechanical energy that can be used to power machinery, appliances, or generators. Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 219 of 449 Updated September 2, 2016 YARD: The required minimum open space on a lot between a lot line and building setback line which is unoccupied and unobstructed from grade upward, except as provided in the general provisions of this chapter. Exterior Side: A side yard abutting a street. Front: A yard extending along the full width of the front lot line between the side lot lines and the front building setback line. Interior Side: A side yard adjacent to another lot or tract of land. Rear: A yard extending along the full width of the rear lot line between the side lot lines and the rear building setback line. Side: A yard extending along the side lot line from the front yard to the rear yard and measured between the side lot and building setback line of the property. ZONE: A mapped area of the village of Mount Prospect, exclusive of streets, alleys and other public ways, within which certain uses of land, premises and buildings are permitted when constructed and used in accordance with this code. (Ord. 5253, 5-21- 2002; amd. Ord. 5290, 11-19-2002; Ord. 5304, 2-4-2003; Ord. 5380, 11-4-2003; Ord. 5426, 4-20-2004; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013; Ord. 6147, 7-15-2014) Copied 11/18/15 SPECIAL MEETING - September 13, 2016 Page 220 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 Article III PUBLIC STREETS AND SIDEWALKS'! I PRIVATE PROHIBITED 9,30z; QQ D, y, 9.308: EXISTING OBSTRUCTIONS WITHIN SIGHT TRIANGLES; VIOLATIONSi 9.301: CONSTRUCTION SPECIFICATIONS 'LTi All street, sidewalk and alley pavement shall be constructed in conformity with the specifications as detailed in chapter 16, article III of this code. (Ord. 5253, 5-21-2002) 9.302: OBSTRUCTIONS AND ENCROACHMENTS REGULATED: ?"Il 11-9 It shall be unlawful for any person, firm or corporation to erect, construct, cause, create or maintain any obstruction or encroachment on any street, alley, sidewalk, any other public right of way or on any public property except as such obstruction or encroachment may be authorized by this section, by special permit under section 14.311 of this code or by any other ordinance or provision of this code. A. Encroachments Prohibited: 1. It shall be unlawful for any person to install, construct or maintain any "encroachment" (as defined in section 9.201 of this chapter) within the roadway right of way of Golf Road, as improved, by the state of Illinois, division of highways, between Mount Prospect Road and the westerly corporate limits of the village, under the project known as Golf (Evanston -Elgin) Road (FA Route 58) SBI state section 582-R and 582-R.1. 2. It shall be unlawful for any person to erect or cause to be erected, to retain or to be retained, any "encroachment' (as defined in section 9.201 of this chapter) within the existing rights of way at the intersection of U.S. Route 14 (FAP Route 20) and Central Road (FAS 124), state section 27 -CS. 3. It shall be unlawful for any person to erect or cause to be erected, to retain or to be retained, any "encroachment' (as defined in section 9.201 of this chapter) Comment [NBS]: To match the language in Article 14, which regulates driveways and drive aisles_ (Driveways are single family, drive aisles are multi -family and all others_) SPECIAL MEETING - September 13, 2016 Page 221 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 within the roadway rights of way of Illinois Route 83, (FAS Route 124) as improved, by the state of Illinois, division of highways, between Evergreen Avenue and Central Road (FAS Route 128) in the village, under the project known as Mount Prospect section 44 -CS, MFT. 4. It shall be unlawful for any person to erect or cause to be erected, or to retain or cause to be retained, any "encroachment" (as defined in section 9.201 of this chapter) within the roadway rights of way of Euclid Avenue throughout the jurisdiction and the corporate limits of the village as said Euclid Avenue is improved by the state of Illinois, division of highways, in the village, under the project known as "Section 111-0608-M.F.T.". 5. It shall be unlawful for any person to erect, or cause to be erected, install or maintain any "encroachment" (as defined in section 9.201 of this chapter) within the roadway rights of way of Route 45 (River Road) at its intersection with Willow Road and Kensington Road (Foundry Road), under project FAP Route 124, state section 1983-028N, village section 83 -00076 -00 -TL. 6. It shall be unlawful for any person to erect, or cause to be erected, installed or maintained any "encroachment" (as defined in section 9.201 of this chapter) within the roadway right of way of Route 83 (Elmhurst Road/Main Street) between Northwest Highway and Camp McDonald Road, under project FAP Route 872, state section (9713 and 3192) RS -83, village section 83 -00075 -00 -TL. B. Mailboxes As Exceptions: United States postal service approved mailboxes are permitted within a public right of way under the following conditions: 1. The front face of the mailbox, once mounted, shall be twelve inches (12") from the back of the curb, or if no curb is present, shall be twenty four inches (24") from the road pavement. 2. The distance from grade to the bottom surface of the mailbox shall be forty eight inches (48"). 3. The mailbox may be mounted on a mounting structure of the following sizes and materials, and no others: a. A wood post of which the area of an average cross section may not be more than sixteen (16) square inches. b. A metal post not more than two and one-half inches (21/2") in outside diameter. 4. Permitted mounting structures may be affixed to a concrete slab; if said slab does not exceed the existing grade in height and is not larger than twenty four inches by twenty four inches (24" x 24") square and eighteen inches (18") deep. SPECIAL MEETING - September 13, 2016 Page 222 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 5. Residents should take all necessary precautions to prevent damage to any existing utilities located in the parkway. 6. Any nonconforming mailbox or mailbox mounting structure shall be brought into compliance with the terms of this subsection B within twelve (12) months of its adoption. C. Entrance Markers As Exceptions: Entrance markers privately owned, maintained, and installed on public rights of way in existence on October 1, 1997, as set forth on a schedule kept by the village clerk, shall be considered an exception to the prohibited encroachments, subject to: 1. The entrance marker shall be maintained by and at the sole expense of the homeowners or business owners whose property or subdivision is delineated by the entrance marker. 2. No entrance marker located solely on a public right of way may be expanded in any manner. Work on such entrance marker shall be limited to maintaining the entrance marker in a state of good repair consistent with the very same design and structure as existed on October 1, 1997. 3. No existing landscaping planted as part of an entrance marker shall be permitted that violates the regulations governing sight obstructions as defined in section 9.303 of this article. All new landscaping within the public right of way, including the replacement of existing landscaping, shall be subject to the restrictions contained in section 9.709 of this chapter. 4. If an entrance marker is damaged, the village may assist the appropriate association, neighborhood or subdivision representative in obtaining reimbursement for repair or replacement. 5. In the event an entrance marker on the public right of way falls into disrepair, the village may, in its sole discretion, declare the entrance marker a nuisance which may be abated in the manner provided by law. Notice of the declaration of a nuisance may be given by posting the entrance marker for five (5) consecutive days with a sign stating the village's intent to remove the entrance marker. In order to repair an entrance marker, a permit must be obtained from the village. D. Use Of Streets For Building Purposes: 1. It shall be unlawful to cause an excavation to be made in a street, parkway or alley, or to occupy any portion of any street or alley for the storage of building materials intended for use in the construction or remodeling of a building or structure unless a street obstruction permit has first been obtained from the director of community development. The permit shall terminate upon the completion of the building. SPECIAL MEETING - September 13, 2016 Page 223 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 2. No such building material shall be so placed as to render inaccessible any fire hydrant, water valve, manhole or obstruct the natural water drainage of any street, nor shall more than one-half (1/2) of the width of the street immediately in front of the property be so obstructed. The extent of the use of the streets or alleys for this purpose shall be at the discretion of the director of public works. 3. It shall be unlawful to mix mortar, concrete or any other materials upon the surface of sidewalks or street pavement. 4. Any person to whom a street or alley obstruction permit is issued shall place sufficient lighted warning lanterns and barricades as determined by the director of public works clearly showing any excavation or pile of material to the public, and shall maintain such lanterns during the whole of every night for as long as the street is used for storage of any material. Such warning lanterns and barricades shall also be maintained in connection with the moving of a building. 5. As determined by the director of public works, any person who shall cause any excavation to be made in any street, parkway, alley or within six feet (6') of a street, sidewalk or alley shall erect and maintain a substantial barricade railing around same and place sufficient light warning lanterns clearly showing the barricade to the public and maintain them during the whole of every night for as long as excavation exists. 6. In the event that sufficient warning lanterns are not provided or properly maintained around such material, excavation or building that is being moved, the department of public works may place and maintain the required lanterns, charging for this service at the rate set forth in appendix A, division 11 of this code. This charge shall be deducted from deposits as required in subsection 15.802C of this code. E. Other Obstructions: 1. Drains: It shall be unlawful to obstruct any drain in any public street or alley. 2. Poles And Wires: It shall be unlawful to erect any poles or wires or maintain any poles or wires over any public street, place, alley or other public way without having first secured permission from the director of public works. 3. Gas Pumps: It shall be unlawful to maintain or erect any gasoline pump or tank in any public street, alley or sidewalk. F. Street Obstruction Permit Fees; Deposits: No street, alley, parkway or other public property shall be obstructed without a special permit first having been secured from the director of community development. SPECIAL MEETING - September 13, 2016 Page 224 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 1. The fee for such street, alley or parkway obstruction permit shall be as set forth in appendix A, division II of this code. 2. Upon the discontinuance of the use of such street, alley or parkway, the amount due for the special obstruction permit shall be deducted from the deposit and the difference returned. 3. The validity of such permit shall not exceed ninety (90) days after the date of issuance of same. 4. Said permit may be renewed for an additional thirty (30) days with the approval of the director of community development, and in such event the applicant shall pay an additional fee as set forth in appendix A, division II of this code. 5. The permit fee for the opening of a street, sidewalk or alley for the purpose of making connections to the sewer, water, gas or electric piping shall be as set forth in appendix A, division II of this code. (Ord. 5253, 5-21-2002) 9.303: OPENINGS: Z (J It shall be unlawful to construct or maintain any opening or stairway in any public street or alley or sidewalk or other public place without a permit from the director of community development and director of public works. All such lawfully maintained openings shall be guarded by a suitable strong cover or railing, to the approval of the director of community development and director of public works. (Ord. 5253, 5-21-2002) 9.304: DRIVEWAYA AlllWlll III:' III' III IISIIL......IIL...... AIII "'III' 011l llS,. Y.... au � u i�"2g�s! L h�'.[2n in or ....��. It shall e unlawfulto constructor maintain any driveway .. „ across any public walk in the village where this necessitates any interference with or change in the grade of any public sidewalk, curb or parkway without having first obtained a permit from the director of community development as detailed in chapter 15 of this code. nveway& au:ch iv:�'2I2....�.2p�„P2.R�.2...:shall be constructed in conformance x ...„ with the construction specifications detailed in section 16.306 of this code. The fee for such permit shall be as required in section 15.803 of this code, and as set forth in appendix A, division II of this code. It shall be the responsibility of the owner of the property which the driveway 2„P d9p i °„2„ �2is1e serves to maintain said driveway ao d�j ive ::isle ::Ip:jon. Maintenance responsibilities include, but are not limited to, the following: A. Keeping the c'p „p „p pavement in good repair. B. Keeping the 4f' p auk free from snow and ice or any obstruction. Comment [NB2]: To match the language in Article 14, which regulates driveways and drive aisles SPECIAL MEETING - September 13, 2016 Page 225 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 C. Keeping any culverts underneath the dii4vew::iy:poa.n in good repair and free of any debris. (Ord. 5253, 5-21-2002) 9.305: PRIVATE USE: Z CJ It shall be unlawful for any person to use any street, sidewalk or other public place as space for the display of goods or merchandise; or to write or mark any signs or advertisements on any such pavement; or for any other commercial purposes, except where such private use is authorized by special permit under section 14.311 of this code. (Ord. 5253, 5-21-2002) 9.306: PROHIBITED ACTS: ! CJ A. Damage To Pavements: It shall be unlawful to walk upon or drive any vehicle or animal upon, or damage any newly laid street or alley pavement while the same is guarded by a warning sign or barricade; or to knowingly injure any street, sidewalk or alley pavement. B. Deposits On Streets: It shall be unlawful to deposit on any street, any material which may be harmful to the pavement thereof, or any waste material, or any glass, or other articles which may cause injury to any person, animal or property. C. Deposits On Sidewalks: It shall be unlawful to deposit on any public sidewalk any material, which may be harmful to the pavement thereof, or any waste material, or any glass or other articles which might cause injury to persons, animals or property. Merchandise or other articles may be deposited on sidewalks preparatory to delivery, provided that the usable width of the sidewalk is not thereby reduced to less than four feet (4'); and provided that no such article shall remain on such walk for more than one-half (1/2) hour. (Ord. 5253, 5-21-2002) 9.307: COMMERCIAL USE OF SIDEWALK SPACE, SPECIAL PERMIT l J (Rep. by Ord. 5313, 3-18-2003) 9.308: EXISTING OBSTRUCTIONS WITHIN SIGHT TRIANGLES; VIOLATIONS; HEARINGS: 6'l J After December 1, 1992, no berming, planting of evergreens or shrubs, or placement of any objects on public property along a street shall be permitted, except as authorized elsewhere in this code. It is recognized, however, that certain existing plantings and berms may be retained on public property. The following regulations shall apply to those obstructions installed or constructed prior to, and which remain: SPECIAL MEETING - September 13, 2016 Page 226 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 A. Sight Triangle Determined: 1. Stopping Sight Distance: Adequate visibility is to be provided along the approaches of two (2) streets at an intersection and across their included corners for a distance sufficient to allow drivers, approaching simultaneously, to see each other in time to prevent a collision. Stopping sight distance is the sum of the distance traversed by a vehicle from the instant the driver sights an object necessitating a stop to the instant the brakes are applied and the distance required to stop the vehicle from the instant brake application begins. Factors include the vehicle speed, reaction time of the driver, friction factor between tires and roadway, and grade of the roadway. The stopping sight distance shall meet the requirements of the following equation: SSD = 1.47*V*t + (V2)/[30(f.g)] SSD = stopping sight distance, feet V = vehicle speed, mph t = reaction time, sec f = friction factor g = grade on the approach, decimal equivalent The equation comes from "A Policy On Geometric Design Of Highways And Streets", AASHTO. Using the above equation, the following table depicts stopping sight distances. Assumptions include t = 2.5 sec, f = 0.5, level terrain, eye height of 3.5 feet, object height of 4.25 feet, passenger cars only and dry pavement. When able to be obtained, the vehicle speed shall be the measured 85th percentile speed. Else, the posted speed limit is to be used. Stopping Vehicle Sight Speed Distance (mph) JEE@t 20 100 25 130 30 170 35 210 40 250 45 300 50 350 SPECIAL MEETING - September 13, 2016 Page 227 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 Longer stopping sight distances may be required for locations which deviate from these assumptions. For special circumstances, the appropriate stopping sight distance shall be determined using "A Policy On Geometric Design Of Highways And Streets" as a guideline along with the approval of the director of public works. 2. Intersection Sight Distance: Adequate visibility is to be provided for a driver to make a safe departure from a stopped position on the minor street and complete the turning maneuver onto or travel through the major street. Intersection sight distance is the distance measured along the major street of the driver's visibility of traffic conditions along the major street when stopped on the minor street. The stop position of the driver is a point four feet (4') behind the stop bar or four feet (4') behind the stop sign or closest traffic signal if a stop bar is not present. The intersection sight distance shall meet those requirements shown on the following table: Speed Intersection On Major Sight Street Distance (mph) Feet 20 230 25 300 30 380 35 480 40 590 45 710 50 840 55 990 The intersection sight distances are derived from "A Policy On Geometric Design Of Highways And Streets", AASHTO. Assumptions include level terrain, two (2) lane major street, stop control on minor street, eye height of 3.5 feet, object height of 4.25 feet, passenger cars only and dry pavement. When able to be SPECIAL MEETING - September 13, 2016 Page 228 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 obtained, the vehicle speed shall be the measured 85th percentile speed. Else, the posted speed limit is to be used. Intersection sight distances shall be interpolated for speeds that are not indicated on the above table. Longer intersection sight distances may be required for locations which deviate from these assumptions. For special circumstances, the appropriate intersection sight distance shall be determined using "A Policy On Geometric Design Of Highways And Streets" as a guideline along with the approval of the director of public works. 3. Sight Triangle: At an uncontrolled or yield controlled intersection, the legs of the triangle shall be the minimum stopping sight distance for each street. The measurement along the street shall commence at the edge of the travel lane on the cross street closest to the approaching vehicle and be measured along the center of the travel lane for which the stopping sight distance applies. At a stop controlled or signalized intersection, the leg of the triangle along the major street shall be the minimum intersection sight distance. The measurement along the major street shall commence at the edge of the travel lane on the minor street closest to the approaching vehicle and be measured along the center of the travel lane for which the intersection sight distance applies. For multilane major streets, the through lane closest to the centerline shall apply as the travel lane for approaching vehicles to the right of the minor street and the curb lane shall apply as the travel lane for approaching vehicles to the left of the minor street. The leg of the triangle along the minor street shall be the distance from the edge of the travel lane on the major street closest to the vehicle on the minor street to a point four feet (4') behind the stop bar or four feet (4') behind the stop sign or closest traffic signal if a stop bar is not present. The measurement shall be made along the center of the travel lane on the minor street. At the intersection of a street and driveway the leg of the triangle along the major street shall be the minimum intersection sight distance. The measurement along the street shall commence at the edge of the driveway closest to the approaching vehicle and be measured along the center of the travel lane for which the intersection sight distance applies. For multilane streets, the through lane closest to the centerline shall apply as the travel lane for approaching vehicles to the right of the driveway and the curb lane shall apply as the travel lane for approaching vehicles to the left of the driveway. The leg of the triangle along the driveway shall be the distance from the edge of the travel lane on the street closest to the vehicle on the driveway to a point ten feet (10') from the pavement edge of the street. The measurement shall be made along the center of the driveway. 4. Definitions: For the purposes of determining intersection sight distances and sight triangles, the following definitions shall apply: SPECIAL MEETING - September 13, 2016 Page 229 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 MAJOR STREET: The cross street to a vehicle stopped at an intersection. MINOR STREET: The roadway on which a vehicle is stopped at an intersection. B. Sight Triangles Regulated: Within a sight triangle, the area from three feet (3') to six feet (6') above the top of the curb, or edge of the pavement on a street with no curbs, shall be kept free and clear of any obstruction. A single stemmed tree shall be considered to be an obstruction only if its trunk, as measured six inches (6") above the ground exceeds three inches (3") in diameter and the lowest growth from its branches is lower than six feet (6') above the top of the curb or edge of the pavement. An obstruction within a sight triangle that is identified by village staff or a resident as being unsafe shall be inspected by the director of public works according to the standards in this section. If the director of public works determines that the planting or berm constitutes a sight obstruction, a written order to prune or remove the obstruction shall be served on the property owner by regular mail. If the obstruction is not eliminated or an appeal filed within thirty (30) days of such notice, the village reserves the right to cause such obstruction to be pruned, modified or removed and to bill the owner for the cost of the work. A property owner may appeal the order to prune or remove by filing with the director of public works a written request for review by the village transportation safety commission. The request for review must be filed within thirty (30) days of mailing of the order. The decision of the transportation safety commission shall be binding unless appealed to the president and board of trustees of the village by filing a written notice of appeal with the village manager within fourteen (14) days of the transportation safety commission's decision. In any hearing before the transportation safety commission or review by the president and board of trustees, it shall be the burden of the person desiring to keep the planting, berm or object to prove by clear and convincing evidence that such does not constitute a sight obstruction. The inquiry of the transportation safety commission and/or the president and board of trustees shall be limited to: 1. Whether the plantings or berms violate a regulation of article VII of this cha ter; or 2. Whether the plantings, objects or berms actually limit the view of motorists, cyclists or pedestrians. For regulatory purposes, the sight triangle shall not include private property. SPECIAL MEETING - September 13, 2016 Page 230 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 C. Assumption Of Risk: Any berming or any planting or keeping of evergreen trees or shrubs, or objects on public property, a right of way or easement is done at the risk of the adjacent property owner. The village shall not be responsible for the replacement of any planting or berm or repair of any object of any kind or nature maintained by any person or private property owner within a public right of way or easement. Additionally, by the act of berming, planting or keeping of evergreen trees or shrubs or placement of any object on public property the person so doing covenants and implies consent to defend and hold the village harmless against any claims by any party for damages or injury that allegedly resulted from the evergreen trees, shrubs, berms or objects. (Ord. 5253, 5-21-2002; amd. Ord. 5867, 7-19-2011). SPECIAL MEETING - September 13, 2016 Page 231 of 449 CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES UPDATED 9/2/16 Article II RULES AND DEFINITIONS, 15.201: RULES: 15.202: DEFINITIONS: 15.201: RULES:1T] The following rules of construction apply to the text of this chapter: A. Words used in the present tense shall include the future, and the words used in the singular number shall include the plural number, and the plural the singular. B. The word "shall" is mandatory and not discretionary. C. The word "may" is permissive. D. The word "person" includes an individual, partnership, firm, corporation, association, or other legal entity. E. In the case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control. F. Terms not herein defined shall have the meanings customarily assigned to them, or, if questioned, as defined in Webster's unabridged dictionary. (Ord. 5253, 5-21- 2002) 15.202: DEFINITIONS:! The following definitions shall apply in the interpretations and enforcement of this chapter: ABUTTING: Having a common border with, or being separated from such a common border by a right of way, alley or easement. ADMINISTRATIVE SUBDIVISION: A subdivision that may be approved by the director of community development and does not require a public meeting before the planning and zoning commission or approval by the board of trustees. ALLEY: A public or private way permanently reserved as a secondary means of access to abutting properties. APPLICANT: The property owner or his/her authorized representative proposing that a SPECIAL MEETING - September 13, 2016 Page 232 of 449 CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES UPDATED 9/2/16 parcel of land be subdivided, developed, rezoned, and/or receive approval for a conditional use, text amendment, exception, variation or change in the comprehensive plan. BLOCK: Refer to section 14.2401 of this code. BUILDING: Refer to section 21.501 of this code. BUILDING DIVISION: The building division of the department of community development. BUILDING PERMIT: A permit issued by the village of Mount Prospect for the construction of any building, development, site improvement or maintenance. BUILDING SETBACK LINE: See definition of Building Line in section 14.2401 of this code. CCHD: The Cook County highway department CERTIFICATE OF COMPLETION: The certificate issued by the director of community development which permits the use site construction (excluding construction of a new building), or of minor remodeling of an occupied building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit. CERTIFICATE OF OCCUPANCY: The certificate issued by the director of community development which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit. CHARITABLE ORGANIZATION: Any not for profit corporation, association or foundation organized and operated exclusively for charitable purposes that qualifies for tax exemption status under section 501(c)(3) of the internal revenue code. COMPREHENSIVE PLAN: Refer to section 14.2401 of this code. CONTROL OR OWNERSHIP: Any person, agent, firm or corporation having a legal or equitable interest in the property or having the legal authority to act on behalf of all owners, which shall be evidenced by deed, contract or other written guarantee. CUMULATIVE: The summation of work performed since this ordinance became effective. DAMAGE: Any direct loss of property by fire, windstorm, flooding, vandalism, accident SPECIAL MEETING - September 13, 2016 Page 233 of 449 CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES UPDATED 9/2/16 or act of God. DEDICATION: A plat that designates an area of land for public uses. DENSITY: Refer to section 14.2401 of this code. DEPARTMENT OF COMMUNITY DEVELOPMENT: The department of community development of the village of Mount Prospect. DEPARTMENT OF FINANCE: The department of finance of the village of Mount Prospect. DEPARTMENT OF PUBLIC WORKS: The department of public works of the village of Mount Prospect. DETENTION (DRY STORAGE): The temporary on site storage of stormwater runoff, which does not include any permanent water surface. DEVELOPMENT: Refer to subsection 15.1036 of this chapter. DEVELOPMENT CODE: The "village of Mount Prospect development code" including this chapter and chapters 14 and 16 of this code. DEVELOPMENT PLAN: The documentation, both written and diagrammatic, which sets forth the improvements proposed for any given or proposed subdivision or resubdivision. DEVELOPMENT REGULATIONS: Those regulations pertaining to development. Refer to section 15.401 of this chapter. DEVELOPMENT SCHEDULE: A specific construction program detailing the phases, stages and timing of a construction project. DIRECTOR OF COMMUNITY DEVELOPMENT: The director of community development of the village of Mount Prospect, or the director's duly authorized agent(s). DIRECTOR OF FINANCE: The director of finance of the village of Mount Prospect, or the director's duly authorized agent(s). DIRECTOR OF PUBLIC WORKS: The director of public works of the village of Mount Prospect, or the director's duly authorized agent(s). l u 11 II II II l Ihat Ilp.oqno n of a 22flsu Ing loj... a 2 the move ie nt of v6jcle II II II III I l..11 a Dcufncn of a drive alisle 1ocated i in a DUNu'n II')f cf umv. SPECIAL MEETING - September 13, 2016 Page 234 of 449 CHAPTER 15 — SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES UPDATED 9/2/16 Dave . Urf ace Used for access to awa you n o- Naini a cru . ou-nfi fu'01171 th Da.ull lC u l IIS c w a. .BIZ Vl 11 �f II': I I 11a a Doiffia: n of awa rive a Ioca ato i n the Da.ull l � I ' IIS II"n Comment [NBS]: Added definitions to support regulations in various chapters DWELLING: A building, or portion thereof, designed or used exclusively for residential occupancy. Not included are hotels, motels, rooming, boarding or lodging houses. EASEMENT: An authorization or grant by the property owner of one or more of the property rights for the use by another person or entity for a specific purpose. EXCEPTION: A dispensation permitted as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property which, because of unusual or unique circumstances, is denied by this code. FIRE CHIEF: The fire chief of the village of Mount Prospect or the fire chief's duly authorized agent(s). FRONTAGE: The narrowest portion of a lot or parcel which abuts a public street. GUARANTEE: A form of security, including cash escrow, letter of credit, or similar instrument acceptable by the village to assure that required improvements are completed, operating properly, or adequately maintained. HARDSHIP: A practical difficulty in meeting the requirements of this chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances. IDOT: The Illinois department of transportation IMPROVEMENT REGULATIONS: Those regulations pertaining to improvements to a property. Refer to this chapter. IMPROVEMENTS: Any building, structure, object or change to the natural state of the land on which they are situated which increases its utility, value, or habitability. Private: Any such improvement for which the responsibility of ownership and maintenance will be retained by the property owner, lessee, or association of owners. Public: Any such improvement for which the responsibility of ownership and maintenance will be assumed by the village, another governmental unit, or a public utility, or which is constructed for general public use or benefit. INSTITUTIONAL: Any public or private school, library, hospital, church, or any other place of public assembly. SPECIAL MEETING - September 13, 2016 Page 235 of 449 CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES UPDATED 9/2/16 LOCAL GOVERNMENTAL BODY: Any of the following governmental bodies: county, township, municipality, municipal corporation, school district, forest preserve district, park district, fire protection district, sanitary district, library systems and all other local governmental bodies. LOT, CORNER: Refer to section 14.2401 of this code. LOT DEPTH: Refer to section 14.2401 of this code. LOT, FLAG: Refer to section 14.2401 of this code. LOT, INTERIOR: Refer to section 14.2401 of this code. LOT LINE: Refer to section 14.2401 of this code. LOT (LOT OF RECORD): Refer to section 14.2401 of this code. LOT, THROUGH: Refer to section 14.2401 of this code. LOT, UNIMPROVED: Refer to section 14.2401 of this code. LOT WIDTH: Refer to section 14.2401 of this code. MWRD: Metropolitan water reclamation district of greater Chicago. MAINTENANCE: Refer to subsection 15.103D of this chapter. NET ACRE: The total land area remaining on a development site after all rights of way are dedicated. NONPROFIT ORGANIZATION: An organization subject to and organized under the Illinois general not for profit corporation act of 1986, for any one or more of the following or similar purposes: charitable, benevolent, educational, civic, patriotic, religious, social, athletic, or scientific. OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property. PARK: Refer to section 14.2401 of this code. SPECIAL MEETING - September 13, 2016 Page 236 of 449 CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES UPDATED 9/2/16 PARKING LOT: PARKING LOT: An open area other than a street or public way, used for the storage of first division motor vehicles as defined in Chapter 18 of the Village Code, for limited periods of time. Such storage may be free, for compensation, or as an accessory use for customers and employees of a business, or residents and guests of a multi -family development. Parking Lots with storage of second division motor vehicles may occur as accessory uses only, when such storage is directly associated with the principal use. Parking lots by definition shall include drive aisles immediately accessing parking stalls. PARKWAY: That part of the public right of way not occupied by the street pavement and located between the back of the curb, or edge of pavement on streets with no curbs, and the right of way line, as well as the raised dividing strip of a roadway. (Where a sidewalk exists, the right of way line is often, but not always, 1 foot behind the sidewalk.) The exact location of the right of way line shall be as indicated on a plat of survey. PLANNED UNIT DEVELOPMENT: Refer to section 14.2401 of this code. PLANNING AND ZONING COMMISSION: The commission of appointed officials authorized by the village board to review subdivision plats and associated code exception requests from this chapter and chapters 14 and 16 of this code, and other duties assigned by the village board. PLAT: A map or chart of a parcel(s) of land. Final Plat: A map of all or part of a subdivision or resubdivision and any supporting documentation, providing substantial conformance with the engineering and site plans Plat Of Survey: A map of a parcel or lot depicting boundaries of the property, and the location of all buildings, structures, and improvements with precise dimensions indicated. Preliminary Plat: A tentative map indicating the proposed layout and showing all required details of a subdivision. PUBLIC UTILITY: Any person(s), firm, corporation, municipality, or other public authority providing natural gas, electricity, water, telephone, telegraph, storm sewer, sanitary sewer, cable television, transportation, or other services of a similar nature. RESUBDIVISION: The division or consolidation of a previously divided lot or parcel, including alteration of public rights of way included in a subdivision. RETENTION (WET BOTTOM): The permanent on site storage of stormwater runoff. SPECIAL MEETING - September 13, 2016 Page 237 of 449 CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES UPDATED 9/2/16 RIGHT OF WAY: A strip of land acquired by or dedicated to benefit the public and occupied or intended to be occupied by a street, walkway, railroad, public utility, parkway trees, or other similar use. SIGHT TRIANGLE: Refer to section 14.2401 of this code. SITE PLAN: A plan, prepared to scale, showing accurately, and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses, parking, landscaping, and principal site development features proposed for a specific parcel of land. STREET: An area which provides for vehicular and pedestrian access to abutting land or to other streets. A street includes the entire right of way and any improvements which may be located within the right of way. Streets may be classified as "arterial', "collector" or "local' as defined in section 18.133 of this code. Many arterial streets are also under the jurisdiction of IDOT or CCHD. These are listed below: Streets under I DOT jurisdiction: Algonquin Road (Route 62) Busse Road - Golf to Tollway (1-90) Central Road, except between Rand and Wolf Dempster Street - Redwood to Algonquin Golf Road (Route 58) Northwest Highway (Route 14) Oakton Street Rand Road (Route 12) River Road Route 83 Streets under CCHD jurisdiction: Busse Road - Central to Golf Camp McDonald Road Dempster Street; except between Redwood and Algonquin Euclid Avenue Mount Prospect Road In addition, streets may fall under the following classifications: Cul -De -Sac: A local street, one end of which is closed and consists of a circular turnaround or other village approved turnaround design. Frontage Road: A street parallel and adjacent to an arterial designed to provide direct access to abutting properties or local streets and with controlled access to the arterial. SPECIAL MEETING - September 13, 2016 Page 238 of 449 CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES UPDATED 9/2/16 Private Street: For purposes of this chapter, a private street is defined as an undedicated street which is privately owned and maintained. Also see section 13.133 of this code. Public Street: A street which has been formally dedicated to and accepted by a public body. STRUCTURE: An object that can be built and is permanently located in or upon the land and/or permanently affixed to such an object. SUBDIVIDER: Any individual(s), firm, corporation, trust, or other legal entity having an interest in land that is the subject of a subdivision or resubdivision. SUBDIVISION: Refer to subsection 15.103A of this chapter. USE: Refer to section 14.2401 of this code. VILLAGE: The village of Mount Prospect, Cook County, Illinois. VILLAGE ENGINEER: The village engineer of the village of Mount Prospect, or other person designated by the director of public works. VILLAGE MANAGER: The village manager of the village of Mount Prospect, or the village manager's duly authorized agent(s). YARD: Refer to section 14.2401 of this code. ZONING ORDINANCE: Chaster 14 of the municipal code of the village of Mount Prospect, Illinois. (Ord. 5253, 5-21-2002; amd. Ord. 5426, 4-20-2004; Ord. 6206, 7-7- 2015) SPECIAL MEETING - September 13, 2016 Page 239 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 Article III PAVING, SIDEWALK, CURB AND GUTTERZI IJ T6.301: GENERAL 16.302: DESIGN REFERENCES: 16.303: STREET PAVEMENT: 16.305: CURB AND GUTTER: 16.306: DRIVEWAYS: 16.307: SIDEWALK: 16.308: FIRE LANES: 16.309: BIKE PATHS: . 1r A 16.301: GENERAL I(t J The arrangement, character, extent, width, grade and location of all streets to be dedicated to the public, all parking lots and all private streets shall be compatible and complimentary to existing and planned streets, to reasonable circulation of traffic within any development and adjoining lands, to topographical conditions, to runoff of storm water, to public convenience and safety, and in their relations to the proposed uses of the area to be served. All traffic intersections and confluences must encourage safe and efficient traffic flow. (Ord. 5253, 5-21-2002) 16.302: DESIGN REFERENCES: IT] J All pavements shall be designed in accordance with one or more of the following references as they apply: A. "Standard Specifications For Road And Bridge Construction", Illinois department of transportation, latest edition. B. "Manual For Structural Design Of Portland Cement Concrete Pavement', Illinois department of transportation, latest edition. C. "Manual Of Instruction For The Structural Design Of Bituminous Pavements On Projects Involving MFT And FAS Funds", Illinois department of transportation, latest edition. D. "Design Manual", Illinois department of transportation, latest edition. E. "Transportation And Traffic Engineering Handbook", Institute of Transportation Engineers, latest edition. SPECIAL MEETING - September 13, 2016 Page 240 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 F. "Manual On Uniform Traffic Control Devices", U.S. department of transportation, latest edition. G. The village of Mount Prospect zoning code. H. The village of Mount Prospect subdivision and site improvement standards. I. The village of Mount Prospect site construction standards. (Ord. 5253, 5-21-2002) 16.303; STREET PAVEMENT 1(t L�J A. Structural Requirements: All street pavement, both public and private, shall be designed in accordance with the previously referenced specifications and manuals. The design thickness shall be dependent on the soil support value, Illinois bearing ratio (IBR), and the projected traffic factor; however, in no case shall the structural numbers be less than those shown in table III -1 of this section. A copy of all design assumptions and computations shall be submitted to the director of public works for review and approval. TABLE III -1 STRUCTURAL REQUIREMENTS B. IBR Values: All subgrade material shall have a minimum IBR of 3.0. The soil support IBR values selected for use by the design engineer shall represent a minimum value for the soil to be used. Copies of the test for IBR values for each material used shall be submitted to the director of public works. SPECIAL MEETING - September 13, 2016 Page 241 of 449 Structural Number IBR Major arterial 5.00 3.0 Collector streets within 3.00 3.0 residential districts Collector streets in all 4.00 3.0 other districts Cul-de-sacs and local streets 2.50 3.0 within residential districts Cul-de-sacs and local streets 3.50 3.0 in all other districts B. IBR Values: All subgrade material shall have a minimum IBR of 3.0. The soil support IBR values selected for use by the design engineer shall represent a minimum value for the soil to be used. Copies of the test for IBR values for each material used shall be submitted to the director of public works. SPECIAL MEETING - September 13, 2016 Page 241 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 C. Allowable Pavement Construction Materials: Allowable pavement construction material, strength requirements, and minimum thickness requirements be as indicated in table III -2 of this section. In addition, all bituminous binder and surface shall conform to the current IDOT specifications for superpave mixes and testing. TABLE III -2 ALLOWABLE PAVEMENT CONSTRUCTION MATERIALS (minimum 28 day design compressive strength = 3,500 psi) D. Grades: Minimum gradient on streets shall be six -tenths percent (0.6%). Maximum gradients on streets shall be: 1. Local streets, including cul-de-sacs: Seven percent (7%). 2. All other streets: Five percent (5%). E. Vertical Curves: Vertical curves shall be constructed at all changes in street gradient where the algebraic difference in gradients is greater than or equal to one and one-half percent (11/2%). The length of the vertical curve shall be one hundred feet (100'), plus fifty feet (50') for each one percent (1.0%) that the algebraic difference in gradients exceeds one and one-half percent (11/2%). F. Horizontal Curves: Horizontal curves may be permitted. The minimum radius for horizontal curves shall be two hundred feet (200') for minor streets and four hundred feet (400') for all other streets. Minimum one hundred foot (100') tangents shall be introduced between reverse curves on all streets. G. Materials Testing: 1. At least one standard Proctor density test performed in accordance with AASHTO T99, shall be taken on each type of material used for embankment or encountered in the subgrade. SPECIAL MEETING - September 13, 2016 Page 242 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 2. Density tests performed by a qualified soils engineer in accordance with AASHTO T191 or by other methods approved by the director of public works shall be done at a maximum fifty foot (50') spacing. Embankments and subgrade shall be compacted to not less than ninety five percent (95%) of the standard laboratory density. Copies of all density tests results shall be submitted to the director of public works. 3. Upon completion of the compaction of the embankment and subgrade a roll test with a fully loaded single rear axle six (6) wheel truck shall be done at the direction of the director of public works prior to placing any type of curb and gutter or base material. 4. A density test on base course and surface course materials shall be performed by an approved soils and materials consultant. The density test shall be taken at maximum one hundred foot (100') spacings. Copies of all density test results shall be submitted to the director of public works. Upon completion of the compaction of the base course a roll test with a full loaded single rear axle six (6) wheel truck shall be done at the direction of the director of public works. 5. Class I binder course shall be constructed after the director of public works has approved the base course construction. 6. All materials shall meet the requirements of the "Standard Specifications For Road And Bridge Construction", Illinois department of transportation, latest edition. Concurrent with the construction of any pavement the developer shall furnish the director of public works with copies of the certificates of testing from the Illinois department of transportation bureau of materials or an approved testing laboratory. H. Pavement Markings: All pavement markings on public streets shall conform to the "Manual On Uniform Traffic Control Devices", and shall be marked with thermoplastic unless otherwise directed by the director of public works. (Ord. 5253, 5-21-2002) 16.304: PAVEMENT ON PRIVATE PROPERTY: 1111 IEl All construction on private property in a subdivision or development shall conform to the requirements stated herein. No private improvements may be considered for future acceptance by the village unless constructed in accordance with section 16.303 of this article. A. Parking Lots: 1. All parking lots shall be designed in conformance with chapter 14, article 2 f f of this code. ...................... SPECIAL MEETING - September 13, 2016 Page 243 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 2. All parking lot pavement shall be designed in conformance with a. The minimum structural number for bituminous concrete pavement shall be 2.0 for parking stalls areas and a minimum structural number of 2.5 for aisles and fire lanes; b. The minimum thickness for concrete pavement shall be six inches (6"). 3. Combination concrete curb and gutter type B6:12 or concrete barrier curb type B shall be constructed around the perimeter of all parking lots and around all islands within parking lots. 4. Striping of the pavement surface to define each parking stall is required and mum of four inches (4") wide for the length of the stall IIS i" -( Comment [NBS]: Also regulated in Section hall be a ns in Ihapj2l 1 laic Ie I„I. All areas designated as fire lanes 142221_ SII II .... � .... and/or "No Parking" shall be painted with yellow stripes. 5. Any location within parking lots intended for storage of trash containers shall be constructed of concrete rather than bituminous surface and shall be enclosed with an approved screen or enclosure. B. Private Streets: All streets that serve as access or frontage to subdivided lots shall be dedicated to the public unless specific approval is granted by the village board. When any private streets are constructed the following shall apply: 1. Design: Private streets shall conform to the requirements for public streets as stated in section 15.405 of this code regarding general layout and design and intersections and offsets. 2. Construction: Private streets shall conform to the requirements for public streets as stated in section 16.303 of this article regarding pavement design and specifications. 3. Sidewalks: Sidewalks shall be constructed along private streets and where necessary to provide access from parking areas to buildings. Sidewalks shall have a minimum clear width of five feet (5) where separated from the curb by a grass parkway of at least two feet (2') in width. Where the sidewalk abuts the back of curb, or the grass parkway is less than two feet (2') wide, the sidewalk shall have a clear width of seven feet (7'). 4. Bike Paths: Whenever constructed, bike paths shall comply with the requirements stated in section 16.309 of this article. SPECIAL MEETING - September 13, 2016 Page 244 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 5. Easements: Easements shall be required for any development in order to provide for placement of public utilities, protection of residential uses, continuity of waterways, and pedestrian access. Easements shall be located whenever necessary to ensure these objectives and shall be subject to the use, design, and location conditions stated in subsection 15.3051D of this code. (Ord. 5253, 5-21- 2002) 16.305: CURB AND GUTTER:6Il El Curbs and gutters shall be constructed in accordance with the village standard details, including the following specifications: A. Combination curb and gutter type B6:12 shall be constructed on both sides of all streets. Depressed curbs shall be provided at all driveways. Intersection sidewalk crossings shall be ramped for the handicapped. B. Two (2) number 4 reinforcing bars shall be placed continuously between expansion joints. Expansion joints shall be doweled and spaced at no more than sixty feet (60') on center and at tangent points of all radii. Control joints shall be provided at fifteen feet (15') on center and shall consist of a saw cut minimum of one and one-half inches (11/2") deep. (Ord. 5253, 5-21-2002) 16.306: DRIVEWAYS 1(11V IEl A. General: 1. Design: All driveway designs shall be consistent with the projected traffic volume, type of traffic, and type of roadway, and shall be subject to the review and approval of the village. All driveways shall meet the minimum standards of the zoning ordinance and this chapter. 2. Distance And Number: Driveway access to arterials shall be kept to a minimum. Whenever possible adjacent uses shall share common driveway access to arterials. The minimum distance between driveways on arterials shall be three hundred feet (300'), unless otherwise permitted upon review by the director of community development and the director of public works. 3. Driveway Apron: It is the responsibility of the owner to properly maintain the driveway apron. 4. Use Of Wire Mesh: Wire mesh shall not be permitted in the public right of way. Wire mesh may be installed in a driveway on private property only. SPECIAL MEETING - September 13, 2016 Page 245 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 5. Driveway Removal: Any driveway removal must include the stone base, as well as the driveway pavement, within the limits of the public right of way. All disturbed grass areas within the right of way shall then be restored with topsoil and sod in accordance with section 16.904 of this chapter. B. Single -Family Driveways: 1. Driveway pavement (including aprons) shall be constructed of: a. Minimum 64-W2 inch (56") concrete with a minimum two inch (2") compacted aggregate base course, or b. Minimum two inch (2") class I bituminous surface with a minimum eight inch (8") compacted aggregate base course. c. Brick or exposed ,aggregate concrete basedriveways are permitted, suI to the requirements detailed in subsection D of this section. 2. Driveway aprons for single-family residential buildings shall b9 a 4Rilcnulcn 9f R!R @ f9@t (91,) I:!R 4: 01 k)I 911q@..Gai!: di:4 @ c... nod Il nslp 94 n&lm ase...be the width of the driveway as permitted by the zoning ordinance and shall be three feet (3') wider at the curb. This additional width at the curb shall not be considered when determining the maximum driveway width. Iopcu ncIh�o Ire 0bSt1'UCfi01`n . C.ISI-II eirr ll er:Rr elms a, Rd lun gs earl Il em IIV� un 61',.il gl EamHY II)i,my le es and a llal'"o1ns: ct 1. Il ei lDi ive I' les OnII"44n -Il r:44y,... e r:Rr:R eG4,... iigd lu ' tII HNon :Dgi g Il l nl yPro ert p y. I I�r�� I ',ales within a site shall be constructed II �e I� .c...11 „.... s to parking lot specifications at a minimum. Il e I�� II )u I'„�„ I�Ies with high volume of truck traffic shall increase the structural strength of the pavement. 2. ...pp�emeaGhesI lip Isle Apl ons: 11N44p -fa4Gemr:Rerm� p and aigdys4�aNW:...�l� I� ilnl..i�� I's..e pE2]�....shall have a width equal to the approved 44 ,--�ve pals„Ips width at the property line. e s II )IJve aI,sle design shall be based upon a width of twelve feet (12') per lane. Any l l've aI,s�e designed for three (3) or more lanes,, or dijve 6 n...p 2 I D ,, shall be striped or divided, I�I��� .!,.��p��l IU:nu� ipl�r�� i���'p � 16 �' l.p� I�p�. as approved by the village. The 44vea�L h — dd v2 „islepEgm� l] shall have a minimum fifteen foot (15') radius return at the street. D. Brick Driveway Aprons: Brick driveway aprons or exposed aggregate concrete may be installed by the property owner, subject to the following conditions: Comment [NB2]: This is to make it clear that this is a type of concrete finish; its not a gravel driveway_ Comment [NB3]: This is to allow some flexibility in the case of parkway trees, hydrants, etc_ so the apron can be smaller than the driveway width if needed_ SPECIAL MEETING - September 13, 2016 Page 246 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 1. The brick driveway shall be gapped around the public sidewalk. 2. It shall be the responsibility of the property owner to pay for the repair or replacement of brick or exposed aggregate concii ete„ driveway aprons when damaged or in need of repair as a result of the repair of public utilities, streets or sidewalks. (Ord. 5253, 5-21-2002) 16.307: SIDEWALK?'"?] A. General: Sidewalks shall be provided within all developments. Sidewalks shall be constructed along both sides of all streets and shall be five feet (5') in width except in the B-5 and B -5C zoning districts, where they shall be seven feet (7') in width. Sidewalks shall be located within the public right of way one foot (1') from the right of way line. Brick sidewalks shall only be permitted in nonresidential zoned districts. B. Construction: 1. Sidewalks shall conform to the requirements of section 624, Portland cement concrete sidewalk; "Standard Specifications For Road And Bridge Construction"; Illinois department of transportation, latest edition, and the village development code. 2. Sidewalks within the public right of way shall be a minimum of five inches (5") thick, except at driveways where the thickness shall be a minimum of six inches (6.,). 3. Sidewalks on private property, outside of areas designated for vehicle traffic, may have a minimum thickness of four inches (4"). 4. Three (3) number 5 reinforcing bars ten feet (10') long shall be placed in the sidewalk at all trench crossing locations. 5. Construction joints shall be placed at five foot (5') spacing. 6. Sidewalks shall be placed on a two inch (2") well compacted CA -6 stone base course. C. Handicapped Ramps: Handicapped ramps shall be installed within all developments to provide a safe pedestrian crossing where streets intersect and where the director of public works determines said ramps are needed. The design and construction of all ramps must be approved by the director of public works and in conformance with local state and federal codes. (Ord. 5253, 5-21-2002) 16.308: FIRE LANES:I("i I—.":'I SPECIAL MEETING - September 13, 2016 Page 247 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 Fire lanes shall be provided for in accordance with the requirements detailed in section 24.103 of this code. (Ord. 5253, 5-21-2002) 16.309: BIKE PATHS: Il Whenever constructed within the village, public bike paths shall conform to the following standards: A. Bike paths shall be a minimum of eight feet (8') in width to provide for two-way traffic. B. The minimum construction of any bike path shall consist of a six inch (6") type B aggregate base course, placed on an acceptable subgrade approved by the director of public works, with a two inch (2") bituminous surface course. C. Bike paths shall have removable posts placed at all locations necessary to prevent vehicular traffic from entering the paths. D. Construction of any bike path shall conform to the "Standard Specifications For Road And Bridge Construction", Illinois department of transportation, latest edition and this article. (Ord. 5253, 5-21-2002) 16.310: MAINTENANCE OF TRAFFIC; :p ILEJ A. Streets: All construction activities requiring the use or opening of any portion of street pavement shall provide traffic control in accordance with the following: 1. Streets under state or county jurisdiction shall provide traffic control devices as prescribed in the IDOT standards for traffic control. 2. Streets under village jurisdiction shall provide control devices as prescribed in the "Manual Of Uniform Traffic Control Devices", current edition. B. Sidewalks And Bike Paths: Any person installing or repairing any sidewalk, bike path, or other public place or making an excavation in the same, shall maintain suitable barricades to prevent injury of any person or vehicle by reason of the work; such barricades shall be protected by suitable lights at nighttime. C. Interference With Barricades: It shall be unlawful to disturb or interfere with any barricade or lights lawfully placed to protect or mark any new pavement or excavation or opening in any public street, alley or sidewalk. (Ord. 5253, 5-21-2002) SPECIAL MEETING - September 13, 2016 Page 248 of 449 CHAPTER 21 — BUILDING CODE Article V DEFINITIONSZ1 21.501: DEFINITIONS OF WORDS AND PHRASES:ZI UPDATED 9/2/16 Whenever in this chapter the following words and phrases are used, they shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this article, except when the context in which they are used indicates otherwise: AGGRIEVED PARTY: One suffering from an alleged infringement or denial of his legal rights by reason of a decision or ruling of the director of community development. ALCOVE: A recess connected with or at the side of a larger room, with an unobstructed opening into such room equal to at least twenty percent (20%) of the entire wall surface of the alcove. ALLEY: A public way within a block, generally giving access to the rear of lots of buildings and not used for general traffic circulation. ALTERATION: As applied to a building or structure, a change or rearrangement of rooms or spaces, the structural parts, the means of egress, or an enlargement whether by extending a side or by increasing the heights, or the moving from one location or position to another. APARTMENT: A room or suite of two (2) or more rooms in an apartment building occupied as a family domicile where provision is made for living, sleeping, cooking and eating within the room or suite of two (2) or more rooms. APARTMENT BUILDING: Any building which contains apartments. APPROVED: Approved by the director of community development under the provisions of this chapter, or by other authority designated by this code to give approval or to be used as a standard in the matter in question. APPROVED MASONRY: Masonry constructed of brick, stone, concrete, hollow block, solid block or combination of these materials, or other materials approved by the director of community development. AREA: A. Building Dimensions: As applied to the dimensions of a building, the maximum horizontal area of the building at or above grade. SPECIAL MEETING - September 13, 2016 Page 249 of 449 CHAPTER 21 — BUILDING CODE UPDATED 9/2/16 B. Floor Surface: As applied to floor surface measurement, the horizontal projected floor area inside of exterior enclosure walls or between exterior walls and firewalls. C. Pool Area: The apron immediately adjacent to a swimming pool extending to a minimum of five feet (5) from the said pool. ATTIC: The space between the ceiling beams of the top story, and the roof rafters, and containing no habitable room.) / Comment [NBS]: Referenced in FAR definition AUTOMATIC USE: Automatic as applied to fire protection devices, automatic refers to a device or system that provides an emergency function without the necessity of human intervention and activates as a result of a predetermined temperature rise, or rate of temperature rise or increase in the level of combustion products, such as is incorporated in an automatic sprinkler system, automatic fire door, etc. (BASEMENT: That portion of a building having no more than three feet (3') of its floor to ceiling height above the average level of the adjoining finished grade.) / Comment [NB2]: Referenced in FAR definition BATHROOM: A room containing a tub, shower compartment or other facilities for bathing. BEARING WALL: A wall which supports any load in addition to its own weight. BOARD OF TRUSTEES: The board of trustees of the village of Mount Prospect. BOILER ROOM: A room containing the fuel burning equipment and/or fuel storage for a heating or power generating system. BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy. BUILDING, BUSINESS: A building occupied for the transaction of business, for the rendering of professional services, for the display and sale of goods, wares and merchandise, for the supplying of food, drink or other bodily needs or comforts, or for the performance of certain work or labor, including, among others, office buildings, stores, markets, restaurants, not excluding factories, storage or warehouse buildings. BUILDING, FRAME: Buildings having a wood frame or having brick, stone or stucco veneering on a wood frame which wholly or partly serves as the structural support of the building or its load. BUILDING, INSTITUTIONAL: A building in which persons are harbored to receive medical, charitable or other care or treatment; or in which persons are held or detained by reason of public or civic duty or for correctional purposes, including, among others, SPECIAL MEETING - September 13, 2016 Page 250 of 449 CHAPTER 21 — BUILDING CODE UPDATED 9/2/16 hospitals, asylums, sanitariums, firehouses, police stations and jails. BUILDING LINE: The line established by deed or law, beyond which a building shall not extend, except as specifically provided for in the zoning code or other ordinance of the village. BUILDING, PUBLIC: A building in which persons congregate for civic, political, educational, religious, social or recreational purposes, including, among others, courthouses, schools, colleges, libraries, museums, exhibition buildings, lecture halls, churches, assembly halls, lodge rooms and dance halls. BUILDING, SKELETON: A building composed of only structural framework, or a rigid supportive or protective structure or shell. BULKHEAD: A raised portion of floor construction and the partition enclosing it, which provides headroom for a stair flight or, when in connection with store show windows, provides a means for light and ventilation to the basement space below. CEILING: The overhead covering of a room. (CEILING HEIGHTS: The clear vertical distance from the finished floor to the finished celling.l / Comment [NB3]: Referenced in FAR definition CEMENT FLOOR: A floor not less than four inches (4") in thickness of concrete composed of one part Portland cement, three (3) parts of sand and five (5) parts of crushed stone or gravel. CEMENT LIME MORTAR: A mixture of one part of hydrated lime to not more than six (6) parts of sand, proportioned by volume, with an addition of not less than ten percent (10%) of Portland cement to the lime by volume. CEMENT MORTAR: A mixture of one part of Portland cement and not more than three (3) parts of sand, proportioned by volume, with an allowable addition of hydrated lime not to exceed twenty percent (20%) of cement volume. CERTIFICATE OF COMPLETION: Refer to section 15.202 of this code. CERTIFICATE OF OCCUPANCY: Refer to section 15.202 of this code. CHIMNEY OR FLUE: A vertical, or approximately vertical, conduit through which smoke and/or gases of combustion escape to the outer air. CLERK OR VILLAGE CLERK: The village clerk of the village. CLOSET: A nonhabitable room used for storage. SPECIAL MEETING - September 13, 2016 Page 251 of 449 CHAPTER 21 — BUILDING CODE CONCRETE: UPDATED 9/2/16 A. Except when otherwise specifically provided, "concrete" shall mean a mixture of one part of Portland cement and not more than three (3) parts of sand and five (5) parts of crushed stone or gravel, all proportioned by volume. B. "Reinforced concrete" means Portland cement concrete in which steel is embodied in such a manner that the two (2) materials act together in resisting forces. DEAD LOADS: The weight of all permanent structural and nonstructural components of a building, such as walls, floors, roofs, ceilings, stairways and fixed service equipment. DEPARTMENT OF COMMUNITY DEVELOPMENT: Refer to section 15.202 of this code. DEPARTMENT OF FINANCE: Refer to section 15.202 of this code. DEPARTMENT OF PUBLIC WORKS: Refer to section 15.202 of this code. DIRECTOR OF COMMUNITY DEVELOPMENT: The director of community development of the village of Mount Prospect, or the director's duly authorized agent(s). DIRECTOR OF FINANCE: Refer to section 15.202 of this code. DIRECTOR OF PUBLIC WORKS: Refer to section 15.202 of this code. DISTRICTS: The zoning districts as described in the zoning ordinance of the village of Mount Prospect. DWELLING: Any building which contains one or two (2) "dwelling units" used, intended, or designed to be built, used, rented or leased, which are occupied for living purposes. DWELLING, UNIT: Refer to section 14.2401 of this code. EGRESS: A means or route of exit from a room or building including a doorway, passage, corridor, stairway or fire escape. ELEVATOR: A hoisting and lowering mechanism equipped with a car or platform which moves in guides for the transportation of individuals or freight in a substantially vertical direction through successive floors or levels of a building or structure. ENCLOSING WALLS: A wall separating the interior of a building from the exterior. Such walls may act as bearing walls, enclosing walls or curtain walls. EXIT: That portion of a means of egress which is separated from all other spaces of a SPECIAL MEETING - September 13, 2016 Page 252 of 449 CHAPTER 21 — BUILDING CODE UPDATED 9/2/16 building or structure by construction and opening protectives as required for exits to provide a protected way of travel to the exit discharge. Exits include exterior exit doors, exit stairways, exit passageways and horizontal exits. FAMILY: An individual, two (2) or more persons related by blood, marriage or law, or a group of not more than any five (5) persons living together in a dwelling unit. Servants having common housekeeping facilities with a family consisting of an individual, or two (2) or more persons related by blood, marriage or law, are part of the family for this code. FENCE: Refer to section 14.2401 of this code. (FLOOR: A horizontal or approximately horizontal system, other than a ceiling, used to support loads within a building (see also definition of Story).( / Comment [NB4]: Referenced in definition of FAR FLOOR AREA: Refer to section 14.2401 of this code. FLOOR AREA RATIO: Refer to section 14.2401 of this code. FOOTING: A construction supported directly on the ground which supports walls, piers and columns. FOUNDATION WALL: A wall or pier extending to or below frost level serving as support for a wall, pier, column or other structural part of a building. FURRING: A construction of wood, metal, masonry or other material, the sole purpose of which is to obtain a plane or contour for other surface materials. GARAGE: A building, shed or enclosure, or a part thereof, in which a motor vehicle is stored, housed or kept. GARAGE, PRIVATE: A garage for not more than three (3) motor vehicles in which no business or industry connected directly or indirectly with motor vehicles is carried on. GARAGE, PUBLIC: A garage not included within the term "private garage". Comment [NB5]: This is the IBC definition that's used to determine a "story(but not used for our purposes, in any section of the code). HABITABLE ROOM: A room designed and intended for use and/or occupied by one or more persons for living, sleeping, eating or cooking; includes kitchens serving dwelling units, but does not include bathrooms, water closet compartments, laundries, pantries, SPECIAL MEETING - September 13, 2016 Page 253 of 449 CHAPTER 21 — BUILDING CODE UPDATED 9/2/16 storage rooms or below grade recreation rooms. HEIGHT OF BUILDING: The vertical distance of a building or structure as measured in feet, from the average finished grade to the highest point of the roof or Comment [NB6]: Base grade, finished grade parapet, if a flat roof, or theeak are defined in Chapter 16, Article II if a hip, gable, mansard, or gambrel roof. The average of the finished grade shall be - ------ Comment [NBA]: This alters our definition of height from midpoint to peak, making reviews measured from the two corner points of the building closest to the front lot line, and and compliance easier to enforce. exterior side IoL line if a licable excluding on stoo s stairs or orches. Mechanical Comment [NB8]:This isimportant for penthouses, chimneys and steeples shall not be included in measuring the height of architects to clearly understand and maintains constan ecy in building heights along the street's buildings. f on 9 HOLLOW BLOCK: A cellular building block of burnt clay or concrete in which cellular spaces within the blocks exceed twenty five percent (25%) of the gross cubic content of the block. KITCHEN: A room or an alcove containing cooking facilities and in which food may be prepared. LIME MORTAR: A mixture of one part slacked lime or hydrated lime not more than four (4) parts of sand proportioned by volume. LINTEL: A beam placed over an opening or recess in a wall which supports the construction above. LIVE LOAD: Those loads produced by the use and occupancy of the building, not including environmental loads such as wind loads, snow loads, earthquake loads or dead loads. MANAGER OR VILLAGE MANAGER: The village manager of the village of Mount Prospect. NEW CONSTRUCTION: An existing structure shall be considered as new construction and shall meet all of the provisions of this code and all other adopted codes and standards for new construction when either of the following conditions exist: A. The linear feet measurement of demolished exterior walls is greater than fifty percent (50%) of the total linear feet of the existing exterior walls (perimeter of the existing walls). For the purpose of this definition a wall is considered to be demolished when, in the opinion of the village engineer, the structural integrity of the wall has been compromised (no longer capable of supporting the structure) or when two (2) or more components of the wall are removed; or B. The square footage of the structure is increased by one hundred fifty percent (150%) of the existing structure's square footage. In single-family homes and townhomes the habitable square footage shall be used as a basis for determining the percentage of square footage increase. SPECIAL MEETING - September 13, 2016 Page 254 of 449 CHAPTER 21 — BUILDING CODE UPDATED 9/2/16 NONCOMBUSTIBLE: Any material which will not sustain fire NONCOMBUSTIBLE CONSTRUCTION: A construction in which all materials used in the construction and finish are noncombustible to the point that the construction will not sustain fire. OCCUPIED: As applied to a building shall be construed as though followed by the words "or intended, arranged or designed to be occupied". OFFICE: A place where clerical work, writing or drafting is done, where clients are interviewed, professional services are rendered or where business is transacted without an immediate transfer of goods. OPEN AREA: With respect to fences, open area shall be determined so that any given square foot of such fence shall consist of not more than fifty percent (50%) fencing material including posts and rails. PANTRY: A space accessory to a dining room or kitchen for storage of dishes or food or for a preparation of food without the use of heat. PARAPET: A wall of approved masonry projecting above the roofline to prevent the spread of fire. PARKWAY: Refer to section 15.202 of this code. PARTIAL CERTIFICATE OF OCCUPANCY: A certificate of occupancy issued for a portion of a building or structure prior to completion of the entire building or structure. PARTY WALL: A wall of approved masonry used or adapted for joint use between two (2) buildings and shall comply with wall thickness as provided for under masonry construction. PATIO: A recreation area that adjoins a dwelling, is often paved, and is adapted especially to outdoor dining. PATIO ENCLOSURE: A screened seasonal leisure area which is attached to the principal structure, unheated and which is not intended to be used as a habitable room. PATIO SCREENING: A screen, preferably decorative, natural or artificial, which screen is placed adjacent to a patio for the purpose of concealing such patio. PERMITTEE: That person or persons authorized by the authority having jurisdiction to perform specific activity. PERSON: Every natural person, firm, copartnership, association or corporation SPECIAL MEETING - September 13, 2016 Page 255 of 449 CHAPTER 21 — BUILDING CODE UPDATED 9/2/16 PETITIONER: Refer to section 14.2401 of this code. REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of maintenance. Repair does not include work that would affect the structural safety of the building or that would affect or change required exit facilities or that would affect the vital element of an elevator, plumbing, gas piping, wiring or heating installation, or that would be in violation of a provision of this code. SOLID ROCK: A building block of burnt clay or stone, gravel or cinder concrete in which cellular spaces within the block do not exceed in the aggregate twenty five percent (25%) of the gross cubic content of the block. SPRINKLERED: Equipped with an approved automatic sprinkler system containing an arrangement of piping and sprinklers designed to operate automatically by the heat of fire and to discharge water upon such fire. STAIRWAY: One or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one floor to another; including risers, treads, floor landings, stair platforms, supporting members, handrails, newel posts, balustrades and the enclosure of such stairs from the required exit to the exit door of the building or grade. A. Flight: A series of steps between successive landings and platforms. B. Landing: The floor space immediately adjoining the top or bottom of a flight. For an enclosed stair, the landing is the floor space within the enclosure. C. Open Stair: A stair without a complete enclosure. D. Step: A rise and adjoining tread. E. Tread: The horizontal width of a step not including the nosing. F. Width: The clear width of a stair between parallel required handrails or between a required handrail and a wall. An unrequired handrail shall not be considered in measuring stair width. STOP ORDER: An order, written or oral, to cease and desist any and all construction activities, which order is issued by the director of community development. STORY: That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. STREET: Refer to section 15.202 of this code. STRUCTURE: Any construction, or any production or place of work artificially built up or SPECIAL MEETING - September 13, 2016 Page 256 of 449 CHAPTER 21 — BUILDING CODE UPDATED 9/2/16 composed of parts joined together in some definite manner; including, but not limited to, stadia, gospel and circus tents, reviewing stands, platforms, radio towers, air conditioning compressor units, coal bins, fences, display of signs and poles connected by wires for the transmission of electricity. SWIMMING POOL: An artificial or semiartificial receptacle or other container for a body of water having a depth at any point of more than two feet (2') whether located indoors or outdoors, used or intended to be used for public, semipublic or private swimming by adults or children or both adults and children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any "person" as defined elsewhere in this article, whether he be an owner, lessee, operator, licensee or concessionaire and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of same; including, but not limited to, the following: Hot Tub: A large tub usually wooden and normally filled with heated water used by adults and/or children to soak in. Swimming Pool, Excavated: Any swimming pool being constructed in whole or in part below the grade level and out of doors. Swimming Pool, Indoor: Any swimming pool so constructed as to be located in whole or in part within a structure or building in such manner as to become part of the real estate. Swimming Pool, Portable: Any prefabricated swimming pool which has a depth at any point of more than two feet (2'), which pool may be utilized without an excavation and which has an empty weight of less than two hundred (200) pounds, which weight shall be inclusive of all the appurtenances of the said pool. Swimming Pool, Public And Semipublic: All swimming pools operated and maintained in conjunction with or by clubs, motels, hotels, multi -unit buildings housing more than three (3) families, and community associates, and shall include any swimming pool other than a private residential swimming pool. Swimming Pool, Raised Deck: Any "swimming pool" as defined in this article being constructed in such manner as to have a flat floor, roofless area resting above the grade level, which raised deck shall lie immediately adjacent to and surrounding the upper edge of said pool which shall not be an excavated pool. Swimming Pool, Residential Private: A swimming pool located in any residentially zoned district used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it without payment of any fee. UNPROTECTED METAL CONSTRUCTION: Applies to buildings in which the structural supports are metal and in which the roofing and walls or other enclosures are of sheet metal or other incombustible materials, or of masonry deficient in thickness or otherwise SPECIAL MEETING - September 13, 2016 Page 257 of 449 CHAPTER 21 — BUILDING CODE and not conforming to approved masonry. UPDATED 9/2/16 VILLAGE ATTORNEY: The village attorney of the village of Mount Prospect. VILLAGE ENGINEER: The village engineer of the village of Mount Prospect, or other person designated by the director of public works. (Ord. 5339, 6-17-2003; amd. Ord. 5384, 11-18-2003; Ord. 5426, 4-20-2004; Ord. 5746, 6-16-2009) SPECIAL MEETING - September 13, 2016 Page 258 of 449 Existing Code Section Description Description Chapter 7 Sign Regulation The Sign Guidelines have been amended multiple times in part. We are proposing a complete rewrite to update, simplify and incorporate Supreme Court ruling that prohibits "content -based" signs. Article I General Includes general comments Section 7.101 Purpose Section 7.101 No change. Section 7.201 Scope Section 7.102 Moved to Article I, general comments Article 11 Prohibited and Exempt Signs Includes prohibited signs and signs that don't require a permit. Section 7.301 Prohibited Signs Section 7.201 Removed from Article III, which is now all signs that require a permit Section 7.205 B Section 7.205 C Section 7.2051 Section 7.205 R Non -illuminated Public Information Building ID, Historical Markers Signs Porhibiting Entry Section 7.202 B Public Information Combined to include public information, non-commercial signs less than 2 sq ft not requiring a permit Section 7.205 D Section 7.205 G Section 7.205 L Section 7.205 P Sale, Lease, Rent Banners (if 16 sgft or less) Garage, Yard Sale Contractors Section 7.202 C Commercial Temporary "Content based" sign categories eliminated. Guidelines regulate number of signs, size and length of time for single family residential properties and all other properties. Section 7.205 F Section 7.205 H Political Holiday Signs and Decorations Section 7.202 D Non -Commercial Temporary "Content based" sign categories eliminated. Guidelines regulate number of signs, size and length of time for single family residential properties and all other properties. Section 7.205 K Windows Section 7.202 G Eliminate temp vs perm size restriction. Allow 50% of the window to be covered w/ words, letters, graphics etc Section 7.325 H Sidewalk Signs Section 7.202 1 Moved to the Exempt Section since we are no longer requiring a permit Section 7.201 J Municipal Signs Not currently in code Article III General Sign Guidelines Includes all signs that need a permit, both temporary and permanent. Grouped by wall vs freestanding type of sign Section 7.325 E. 1 Section 7.205 G Temp Lease/Sale, Public or Institutional Banners (if larger than 16 sgft) Section 7.301 A Commercial Temporary Sign "Content based" sign categories eliminated. Guidelines regulate number of signs, size and length of time. Section 7.305 B Wall Signs Section 7.302 A Section 7.410 B.4 Unified Signage Section 7.302 B Wall signs in Shopping/Business Centers Existing Article IV Sign Design was eliminated but this guideline was incorporated in the new Article III General Guidelines Section 7.325 B Logographs Section 7.302 C Section 7.305 D Mansard Signs Section 7.302 A Mansard signs have been incorporated with wall signs Section 7.305 E Awning and Canopy Section 7.302 D Section was clarified to distinguish awning and canopy signs as primary vs secondary signage Section 7.330 F Projecting Section 7.302 E Section 7.325 A Directory Section 7.302 F Section 7.305 A Freestanding Signs Section 7.302 G Section 7.405 B Base/ pole covers Section 7.302 G.10 Existing Article IV Sign Design was eliminated but this guideline was incorporated in the new Article III General Guidelines Section 7.325 D Section 7.330 A Changeable Copy Electronic Message Center Section 7.302 H. Combined changeable copy boards and electronic message center and rewrote guidelines to apply to both. Eliminated the option of a changeable copy sign as a wall sign. Section 7.325 H Directional Section 7.302 1. Section 7.325 C Menu Board Section 7.302 J. Increased allowable area to 40 sq ft based on industry standard and allow for multiple drive thru lanes Section 7.330 E Off -Premise Section 7.302 K. Section 7.330 B Development ID Signs Section 7.302 L. Development ID sign moved to new Section 7.302, large scale developments/be addressed as part of a PUD Section 7.335 Special Area of Control Section 7.302 E.6 Signs for B-5 zoning district are incorporated with Projecting Signs in new Section 7.302 E Article IV Sign Design This Article is very subjective and difficult to enforce. The Article was eliminated, but sections as noted have been incorporated into Article III above. Article IV Illumination and Maintenance Section 7.501 Section 7.330 A Section 7.405 H Illumination EMC Illumination Section 7.401 Illumination Illumination for any sign is covered in this Section now Section 7.505 Maintenance Section 7.402 SPECIAL MEETING - September 13, 2016 Page 259 of 449 SPECIAL MEETING - September 13, 2016 Page 260 of 449 Article V Administration & Enforcement Section 7.601 Section 7.605 Section 7.610 Section 7.615 Permits Submission Requirements Permit Fees Standards for Review and Approv Section 7.501 Permits Existing Section 7.605 eliminated, current information is on the sign permit application Existing Section 7.610 eliminated, current information is in Applendix A, Division II of the Village Code Existing Section 7.615 eliminated, would be the same for any permit review Section 7.620 Indemnification Omitted, current information is in Applendix A, Division I of the Village Code Section 7.625 Inspection Section 7.402 Signs are no longer "labeled". Section was modified and included under Maintenance in new Section 7.402 Section 7.630 Abandoned Signs Section 7.402 Abandoned signs are covered under Maintenance in new Section 7.402 Section 7.635 Nonconforming Signs Section 7.502 Other than replacing a face panel, a sign must be brought into compliance when modified. Section 7.640 Illegal Signs Section 7.503 Article VI Appeals, Variations and Text Amendments Section 7.701 Scope of Appeals, Variations, Special Use and Text Amendmts Section 7.601 Appeals, Variations and Text Amendments Special Use Permits have been eliminated. Special use signs have been incorporated in with permanent signs and incorporate P & Z approval criteria. Section 7.705 Notice Requirements Section 7.602 Section 7.710 Processing, Notice, and Hearing Section 7.603 Section 7.715 Action on Appeal, Variation or Sp Section 7.604 Section 7.720 Standards for Special Use Eliminated Section 7.725 Standards for Variations Section 7.605 Section 7.750 Standards for Text Amendments Section 7.606 ArLiICiIL, Loll I jArticle VII I Definitions and Illustrations Section 7.801 Definitions Section 7.701 Subjective definitions have been omitted. Section 7.805 Illustrations Section 7.702 Illustrations from the sign brochure should replace the current illustrations in this Section. SPECIAL MEETING - September 13, 2016 Page 260 of 449 Article GENERAL'Z 7.101: PURPOSE: 7.102: SCOPE: 7.101: PURPOSE 'Z I121 The regulations of this Chapter are intended to coordinate the use, placement, physical dimensions, and design of all signs within the Village. The purpose of these regulations is to promote the public health, safety and welfare, and develop a satisfactory visual appearance with the Village by: A. Promoting the objectives, principles and standards identified in the Comprehensive Plan for commercial and industrial development; and B. Protecting the public from damage or injury caused by signs which are poorly designed or maintained and from distractions or hazards to pedestrians or motorists caused by the indiscriminate placement or use of signs; and C. Maintaining property values by eliminating signs that are incompatible with the surrounding land uses; and D. Encouraging a viable economic environment through uniform control of signs; and E. Facilitating effective communication between the public and the environment through signs which are appropriate for the type of street on which they are located; and F. Encouraging quality sign design to promote a better visual environment; and G. Enhancing the physical appearance of the Village through a program which ensures the removal of inadequately maintained, illegal and nonconforming signs within a reasonable time period. 7.102: SCOPE:'Z I121 The regulations of this chapter shall govern and control the erection, alteration, relocation, maintenance, removal and design of all signs within the village. SPECIAL MEETING - September 13, 2016 Page 261 of 449 Article 11 T„ PROHIBITED AND EXEMPT SIGNS 7.201: PROHIBITED SIGNS 7.202: EXEMPT SIGNS: 7.201: PROHIBITED SIGNS:Z EJ A. Traffic Hazard: Any sign which is determined by the director and the chief of police of the village to constitute a traffic hazard by reason of size, location, design or type of illumination. B. Public Right Of Way: Any sign which is located in or which extends over the public right of way except as otherwise permitted under these regulations or authorized by the village board. C. Easements: Any permanent sign located over or upon a village utility or an easement without prior consent from the director of community development. D. Motion: Any sign which moves or assumes a nonstationary position by mechanical means except as otherwise permitted under these regulations or authorized by the village board, or under normal wind currents except as regulated herein. Example: feather signs E. Portable: Portable signs as defined herein, except sidewalk signs as otherwise permitted under these regulations or authorized by the village board. F. Painted Surfaces: Any sign painted directly on exterior building surfaces. G. Light Poles: Signs on light poles. H. Roof Signs: Signs which are attached or affixed to a roof and project above the ridgeline or parapet of a building are prohibited. I. Pennants And Streamers: Pennants, streamers, tethered balloons, or stringed fringe are prohibited. J. Inflatable Signs: Signs or other devices, which are inflated by cold air, hot air, or other inflatable gas, are prohibited. SPECIAL MEETING - September 13, 2016 Page 262 of 449 K. Signs On Parked Vehicles: Non -permanent signs placed on or affixed to vehicles and/or trailers which are parked on a public right of way, public property, or private property so as to be visible from a public right of way and used to attract attention to a business or activity located on the same or nearby property. 7.202: EXEMPT SIGNS:'ZI111 The following types of signs are exempted from the general provisions of this chapter and all permit requirements therein. All other signs shall be allowed only with permit and upon proof of compliance with Mount Prospect sign ordinance. A. Traffic Control: Signs for the control of traffic or other regulatory purposes including signs for the control of parking on private property, and official messages erected by, or on the authority of, a public officer in the performance of his duty. B. Public Information, Non -Commercial, Permanent: Signs required or specifically authorized by law or necessitated by public health or safety, in all zoning districts, provided the sign does not exceed two (2) square feet in area or as approved by the director. Examples: addresses, restroom identification, historical designation markers on a building C. Commercial Temporary: Signs located on the property, related to a temporary activity commercial in nature taking place on the property, provided - Single -Family Residential Properties: a. The sign does not exceed ten (10) square feet in area b. The sign does not exceed six feet (6') in height c. No more than one sign per property d. The sign shall be removed within 3 days after the sign no longer meets its intended purpose. 2. Other Properties: a. The sign does not exceed sixteen (16) square feet in area b. The sign does not exceed six feet (6') in height from the finished floor elevation of any relevant space. c. No more than one sign per street frontage d. The sign shall be located on private property and not attached to any parking light pole or tree e. Multi -tenant properties shall attach the sign to the wall of their establishment The sign shall be removed within 3 days after the sign no longer meets its intended purpose, but in any event shall be up no longer than one year. SPECIAL MEETING - September 13, 2016 Page 263 of 449 g. For signs that further or relate to the primary use of the property, no freestanding signs are allowed. Examples: for sale/lease, garage sales, contractor signs, Monday hotdog special, special sales, $1beers, (transaction related signs) D. Non -Commercial Temporary: Signs located on the property provided: Single Family Residential Properties: a. Total area of all such signs on a lot does not exceed sixteen (16) square feet b. Are allowed for a period not to exceed 90 days c. Signs are removed within three (3) days after the conclusion of a special event , except as otherwise required by state or federal law d. Signs that do not meet the temporal requirements of this subsection shall require a permit. 2. Other Properties: a. The sign does not exceed sixteen (16) square feet in area b. The sign does not exceed six feet (6') in height from the finished elevation of any relevant space c. No more than one sign per street frontage d. The sign must be located on private property and not attached to any parking light pole or tree e. Multi -tenant properties shall attach the sign to the wall of their establishment The sign shall be removed within 3 days after the sign no longer meets its intended purpose, but in any event shall be up no longer than 90 days. Examples: park district, school or church events, political signs, proud union home, holiday decorations, E. Flags: 1. Single Family Residential Properties: A maximum of one flagpole, which shall not exceed twenty five feet (25') in height, shall be permitted per zoning lot. No more than two (2) flags shall be displayed on a single-family property at one time, and each flag shall not exceed a maximum size of three feet by five feet (3'x 5'). 2. Other Properties: A maximum of three (3) flagpoles, with no more than two (2) flags on a pole, shall be permitted per zoning lot. The maximum height permitted for the flagpole shall not exceed the district's height limitations for principal structures. For flags flown from a flagpole, such flagpole shall be a minimum of four (4) times the length of the flag. SPECIAL MEETING - September 13, 2016 Page 264 of 449 3. General Requirements: In addition to the limitations outlined above, the following restrictions shall apply to flags and flagpoles within all zoning districts: a. Flagpoles shall maintain a minimum setback of five feet (5') from any property line and are not permitted within a required interior side yard. b. Flags shall not exceed fifty (50) square feet in area. c. Flags shall be displayed in such a manner that no portion of the flag shall project over any property line or contact any structure when fully extended. d. Flags shall not be mounted on roofs. e. Display of flags of the United States shall conform to all applicable federal statutes regarding the use and display of the United States flag. f. Flags shall be displayed only on flagpoles or staffs designed and constructed specifically and exclusively for flag display. g. No flag shall be displayed or attached in any manner to light poles, sign poles, trees, or similar structures or objects. These restrictions shall not apply to flags located within public rights of way. h. Wall mounted flags shall be displayed from flagpoles not to exceed ten feet (10') in length, and such poles shall not extend above the roofline. i. Flags shall be maintained in an orderly fashion and in good condition. Tattered or torn flags shall be removed or replaced. F. Non -Commercial Notice Board: Sign affixed to a building and intended for pedestrians in which the information is not changeable and presented without the use of flashing, scintillating, chasing lights or otherwise moveable means.. G. Windows: Signs on/in windows provided the total area of permanent and temporary window signs occupies no more than fifty percent (50%) of the total window surface area. Changeable Copy/Electronic Message Center Signs must also comply with Section 7.302 H. H. Doors: Signs affixed to door glass which identify the name address, contact information or hours of an establishment. I. Commercial Sidewalk Signs in non-residential districts: Sidewalk signs on public property or private property are subject to the following conditions: SPECIAL MEETING - September 13, 2016 Page 265 of 449 Purpose: Sidewalk signs may advertise only a business in a building that directly abuts the portion of the sidewalk where the sign is placed. 2. Number Of Signs: Only one sidewalk sign shall be permitted per business establishment, except that public service signs (i.e., signs indicating the curb location of valet parking) may be permitted in addition to the one sign per business establishment. 3. Use Of Signs: Sidewalk signs may only be displayed during business hours and must be removed at the close of each business day. Sidewalk signs may not be displayed during times of high winds, snow, or when sidewalks are congested and the placement of a sign may impede pedestrian movement. 4. Location: a. Sidewalk signs located on public right of way shall be permitted only in the B-5 (central commercial) or B -5C (core central commercial) zoning districts. b. Sidewalk signs located on private property shall be permitted only in the B- 3 (community shopping), B-4 (corridor commercial), B-5 (central commercial), or B -5C (core central commercial) zoning districts. Sidewalk signs on private property are placed at the sole risk of the sign owner and/or the owner of the business being advertised. c. The sidewalk sign shall not unreasonably interfere with pedestrian or vehicular traffic or with access to parked vehicles, shall not reduce the open portion of any sidewalk to less than five feet (5') in width, and shall comply with all IAC accessible route restrictions. d. The sidewalk sign shall be placed no more than one foot (1') from the wall of the building, unless the director of community development approves in writing another location due to other obstructions in the right of way. e. The sidewalk sign shall not be attached or affixed to the sidewalk, parkway poles, trees or any other public facilities. Such signs shall adhere to all vision clearance regulations as set forth in section7.302 G.7. of this chapter. 5. Size: A sidewalk sign shall not exceed four feet (4') in height and the sign area shall not exceed six (6) square feet per sign face with a maximum of two (2) faces per sign. 6. Illumination And Attention Getting Devices: Sidewalk signs shall not be illuminated. No attention getting devices, such as balloons, may be attached to a sidewalk sign. SPECIAL MEETING - September 13, 2016 Page 266 of 449 7.Materials And Maintenance: Sidewalk signs shall be of high quality and professionally constructed of durable materials. Sidewalk signs shall be properly maintained as provided in section 7.402 of this chapter. J. Municipal Signs: any signs on Village owned property, or in the public right of way for Village sponsored and/or related events. Article III GENERAL SIGN GUIDELINES - All Signs Requiring a Permit 7.301: TEMPORARY SIGNS 7.302: PERMANENT SIGNS: 7.301: TEMPORARY SIGNS: The following signs shall be permitted in the village, subject to all applicable standards: A. Commercial Temporary Signs: Signs located on the property, related to a temporary activity commercial in nature, taking place on the property, provided: 1. Located on other than Single Family Residential Properties: a. No more than one sign shall be displayed per street frontage per lot. b. Signs located within one hundred feet (100') of a residential property (lot) line shall not exceed thirty two (32) square feet in area or eight feet (8') in height from finished grade. c. Signs located more than one hundred feet (100') from any residential property (lot) line shall not exceed fifty (50) square feet in area or ten feet (10') in height from finished grade. d. The sign shall comply with all location requirements for wall or freestanding signs with the exception that temporary freestanding signs will be allowed closer than one hundred feet (100') to a permanent freestanding sign. e. Temporary signs may contain a maximum of fourteen (14) items of information displayed on the sign. SPECIAL MEETING - September 13, 2016 Page 267 of 449 Sign shall be removed within 3 days after the sign no longer meets its intended purpose, but in no event shall be up longer than one year. Examples: for sale/lease, special sales, identification of a prospective business, identification of a construction project B. Balloon Or Searchlight Signs: Temporary Special Event Balloon or Searchlight devices: shall be permitted in conjunction with a temporary special event for a total of four (4) events per year. a. Ground/Roof Secured Balloons: Ground/roof secured balloons shall be permitted provided they do not exceed forty feet (40') maximum height and twenty feet (20') maximum diameter, are limited to spheroid shapes only, and without signage on the balloon(s). Such temporary balloon display shall be limited to a maximum period of four (4) consecutive days. b. GroundNehicular Mounted Searchlights: Ground/vehicular mounted searchlights may be displayed on private property for a maximum period of four (4) consecutive days. c. Hours Of Operation: Illumination of balloons and searchlight devices shall be turned off between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. 7.302: PERMANENT SIGNS 1Z 121 The following signs shall be permitted in the village, subject to all applicable standards: A. Wall Signs: 1. Number: There shall not be more than one wall sign for each principal tenant or use contained within a building except: a. Where a tenant or use abuts two (2) or more streets, additional wall signs, one oriented to each abutting street, shall be permitted. b. One wall sign may be permitted on walls not facing a street, provided the wall is at least fifty feet (50') from the nearest residential property line. c. One wall sign may be permitted on walls not facing a street provided the wall is adjacent to nonresidential property and is visible from the street. The sign may not encroach upon adjacent nonresidential property except as provided in subsection A5 of this section. SPECIAL MEETING - September 13, 2016 Page 268 of 449 d. The director may authorize additional wall signs for distinct uses within an establishment, provided there is a separate entrance from the exterior of the building. e. Wall signs may be permitted which identify the rear entrance of an establishment provided such sign does not exceed ten (10) square feet. f. Where a multi -tenant office -industrial building greater than two (2) stories in height seeks to install a wall sign(s) identifying a primary tenant, only one such tenant may display their identification on the building. g. Sign copy for a single tenant or business wall sign shall contain no more than ten (10) items of information. If the name of the tenant is longer than ten (10) words, then additional items of information are permitted to display the entire name of the tenant. 2. Area: The gross surface area of a wall sign shall not exceed ten percent (10%) of the area of a building wall, including doors and windows, to which the sign is to be affixed or one hundred fifty (150) square feet, whichever is smaller. The gross surface area of a wall sign may be increased to twenty percent (20%) if the sign consists of only individual, outlined alphabetic, numeric, and/or symbolic characters without background besides the building surface to which the sign is affixed, provided the increase in size does not exceed one hundred fifty (150) square feet in area. If the building is set back two hundred fifty feet (250') from the public right of way, the director of community development or his authorized representative may authorize the wall sign to exceed one hundred fifty (150) square feet, but measure no more than three hundred (300) square feet subject to compliance with the percentage requirements discussed above. 3. Projections: No wall sign shall project from the building wall more than twelve inches (12") 4. A mansard sign shall be located on a decorative mansard and shall be single faced and be mounted directly vertical as a wall sign, with no visible angle iron, guywires, braces or secondary supports and all hardware concealed. No mansard sign shall extend above the highest point of the mansard structure. 5. Encroachment: In instances where an exterior wall sign encroaches less than one foot (1') upon an abutting property, a sign permit may be permitted provided the abutting property owner has granted written permission for the encroachment. B. Wall Signs in Shopping/Business centers: SPECIAL MEETING - September 13, 2016 Page 269 of 449 1. Shopping/Business centers shall submit a written sign criteria identifying sign type, color and design to be used within the center to unify wall signage. Upon approval by the director, this criteria shall be used in addition to these guidelines to evaluate the design of all new signs in the shopping/business center. 2. In Shopping/Business centers where a written sign criteria has not been established, and a mixture of sign types, colors, and design has been utilized for existing wall signs, then the sign criteria for any future wall signs proposed for that shopping center shall be established by the maximum percentage of signs currently installed on the site. C. Logographs: In addition to other signs permitted under these regulations, wall mounted Logographs shall be permitted provided: No more than one logograph may be permitted per street frontage per establishment, except that a logograph may be permitted on a wall not facing a street, provided the wall is adjacent to nonresidential property and is visible from the street. The logograph may not encroach upon adjacent property except as provided in subsection 7.302 A.5 of this article. 2. Such logograph shall not exceed twenty five (25) square feet in area. 3. The area of any logograph, when located on the same building elevation as a wall sign, will be included in the maximum sign area. D. Awning and Canopy Signs shall be permitted subject to the following: An Awning or Canopy Sign may be used as primary signage provided no wall signs are directed to the same street frontage. The area of such sign shall not exceed fifty percent (50%) of the exterior surface area of the awning, or face of the canopy, up to a maximum of one hundred fifty (150) square feet, whichever is less. 2. An Awning or Canopy Sign may be used in addition to a primary sign provided the area of the secondary sign does not exceed fifteen percent (15%) of the exterior surface area of the awning or face of the canopy, up to a maximum of four (4) square feet, whichever is less. 3. Under -Canopy Signs: An additional canopy sign may be mounted on the underside of a canopy, perpendicular to the building wall, provided no more than one such sign is installed per establishment. The area of such canopy sign shall not exceed four (4) square feet.4. Projection: No canopy sign shall project more than twelve inches (12") from the canopy proper. SPECIAL MEETING - September 13, 2016 Page 270 of 449 5. Clearance: A clearance of eight feet (8') shall be maintained from finished grade to the lowest point on the sign. 6. In a B-5 Zoning District: a. Canopies or awnings permitted under these regulations may extend over the public right of way the lesser of five feet (5') or to within two feet (2') of the curb line; provided no supporting posts, columns, or braces extend beyond the property line. E. Projecting Signs: Number: One projecting sign per street frontage per establishment shall be permitted, provided no other signs for such establishment are located on the same building wall, except as provided in subsection 6a of this section. Projecting signs will not be permitted on industrial buildings or on street frontages of buildings located along major arterial roadways. 2. Area: The area of a projecting sign may not exceed sixteen (16) square feet. 3. Height: No projecting sign shall extend above the roofline of the building on which it is located or fourteen feet (14') from finished grade, whichever is less. 4. Projection: No projecting sign shall project from the building wall more than four feet (4'). 5. Clearance: Projecting signs shall be located such that a clearance of eight feet (8') is maintained from finished grade to the lower edge of the sign face. 6. In a B-5 zoning district: a. Number: One projecting sign shall be permitted per business establishment. A projecting sign and a wall sign may be placed on the same wall provided that the projecting sign complies with 1-5 above and the size of the wall sign does not exceed twenty five percent (25%) of the maximum size permitted by this code. b. Location: Projecting signs permitted under these regulations may extend over the public right of way four feet (4') or to within two feet (2') of the curb line, whichever is less. F. Directory Signs: Directory signs which identify only the names and locations of occupants or uses within a building or on a lot shall be permitted in addition to other signs permitted under these regulations. 1. No more than one directory sign per lot. SPECIAL MEETING - September 13, 2016 Page 271 of 449 2. No directory sign shall exceed twenty (20) square feet in area or eight feet (8') in height from finished grade. 3. No directory sign shall be located closer than fifty feet (50') to any property line. G. Freestanding Signs: 1. Number: a. No more than one freestanding sign per street frontage per lot shall be permitted with the following exception: Freestanding identification signs in lieu of wall signs shall be permitted in a multi -tenant office or industrial building provided that each tenant has a separate at grade entrance. The sign shall be located at the entrance to the tenant's space. No sign shall exceed ten (10) square feet or six feet (6') in height from finished grade. b. Sign copy for single tenant freestanding sign shall contain no more than ten (10) items of information. For changeable copy signage refer to subsection 7.302 H of this article. c. Sign copy for a multi -tenant freestanding sign may contain the names of no more than six (6) tenants on a sign face for a retail or service business center. A maximum of eighteen (18) items of information is permitted. Changeable copy/Electronic Message Center signage shall not be combined with multi -tenant signs. d. Freestanding signs on properties with multiple street frontages shall be oriented perpendicular to the street right of way. 2. Height: No freestanding sign shall exceed twelve feet (12') in height from finished grade. Berms shall not be considered finished grade. (See section 7.702 of this chapter for illustration.) 3. Area: No freestanding sign for a commercial use shall exceed the maximum area of seventy five (75) square feet per sign face. 4. Business Identification: No freestanding sign shall be closer than one hundred feet (50') to another freestanding sign on the lot except as otherwise permitted in this article (temporary signs). 5. Setback: No freestanding signs shall be located closer than five feet (5') to a property line. 6. Distance Measurement: The location of a freestanding sign shall be measured as the distance between the point of reference specified and the closest point on the sign. SPECIAL MEETING - September 13, 2016 Page 272 of 449 7. Vision Clearance: No building, structure, sign, planting or other obstruction which is over three feet (3') in height, shall be located within a triangular area established at the intersection of 2 streets, or street and driveway, public walk, bike path or public walking path. Such triangle shall have legs of ten feet (10') along rights of ways when two streets intersect or within 10' of the driveway, public walk, bike path or public walking path. In unique situations, the director shall determine the distance that is reasonable safe. 8. Overhang: No freestanding sign may overhang any part of a structure, parking or loading space, driveway or maneuvering aisle. 9. Landscaping: All freestanding signs must be located in a landscaped area separated and protected from vehicular circulation and parking areas. A minimum of two (2) square feet of landscaping will be required for every one square foot of sign face required. When located in a parking area, perimeter curbing is required. Landscaping shall form an attractive, dense cluster at the base of the sign that is equally attractive in winter and summer. 10. Single pole signs: shall have a pole skirt at least'/2 of the width of the sign . 11. Gas Station: Changeable copy used in a gas station freestanding sign shall be included in the maximum sign area for allowable freestanding signs. H. Changeable Copy Sign/ Electronic Message Center: Shall be permitted when incorporated into a freestanding sign subject to all applicable standards. 1. No more than six (6) permanent items of information will be allowed on a sign which incorporates changeable copy. The changeable copy portion of the sign shall be limited to less than forty percent (40%) of the total area of the sign face, and located below the permanent items of information. 2. The changeable message format shall conform to the following requirements: a. The message shall not consist of flashing, scintillating, chasing lights or include animated pictorial graphics. b. The message shall not change more frequently than once every ten (10) seconds. 3. All electronic message center signs must be equipped with a default mechanism that will stop the messaging or freeze the image in one position when a malfunction in electronic programming occurs. I. Directional Signs: SPECIAL MEETING - September 13, 2016 Page 273 of 449 1. Signs which direct or regulate the movement of pedestrians or vehicles into or within a site provided: a. No more than one such sign is displayed per driveway entrance; and such signs are displayed within the interior of the lot as approved by the director. b. The sign does not exceed ten (10) square feet in area or six feet (6') in height from finished grade for freestanding signs or fifteen feet (15') in height from finished grade for wall signs. c. No more than ten percent (10%) of the area of the sign is used to identify any business, product or service. J. Menu Board: One menu board for a drive-in restaurant or per drive-through lane shall be permitted in addition to other signs permitted under these regulations, provided such sign does not exceed thirty two (40) square feet in area or eight feet (8') in height from finished grade, and light from the menu board is contained to the drive-through lane only. K. Off Premises Signs: The following standards shall apply: 1. The sign must direct attention to a business on a lot adjacent to the lot on which the sign is located. 2. The sign must be located on a lot which is adjacent to a major arterial street. 3. The number of freestanding signs permitted by this article shall not be increased by the placement of the off premises sign. 4. The lot on which the business to be benefited by the off premises sign must not have any frontage on an arterial street. 5. The sign may contain changeable copy as provided for in subsection 7.302 H. of this article. 6. A letter of consent from the property owner where the sign is to be placed, must be submitted with the sign permit application. L. Development Identification Signs: 1. Size: a. Single-family (attached and detached) subdivision signs shall be a maximum of thirty five (35) square feet. SPECIAL MEETING - September 13, 2016 Page 274 of 449 b. Business and multi -family residential signs shall be a maximum of seventy five (75) square feet in area; provided, however, that in any development which exceeds seventy five (75) acres, an additional one square foot of sign area for each additional acre of such development shall be allowed, to a maximum of one hundred fifty (150) square feet in area. 2. Height: a. Single-family subdivision and multi -family residential signs shall be a maximum of eight feet (8') in height from established grade. b. Business signs shall not exceed twelve feet (12') in height from established grade nor nine feet (9') from finished grade. 3. Location: a. Single-family subdivision and multi -family residential signs shall be located a minimum of five feet (5') from any property line. b. Business signs shall be located a minimum of twelve feet (12') from any property line. The distance from the property line shall increase one foot (1') for each six and one-fourth (6.25) square feet of sign area over seventy five (75) square feet. Article IV ILLUMINATION AND MAINTENANCEZiu 7.401: ILLUMINATION: 7.402: MAINTENANCE: 7.401: ILLUMINATION:Z I121 Any sign permitted under these regulations may be illuminated, provided such illumination complies with the following: A. Hours Of Operation: all illuminated signs within one hundred feet (100') of any residential property (lot) line shall be turned off between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. unless the establishment is engaged in the operation of its business with employees on the premises during such period. B. Installation Or Application: Illumination shall be installed or applied such that: SPECIAL MEETING - September 13, 2016 Page 275 of 449 The light source is contained within the sign and is visible only through a translucent surface or recessed into the sign structure; or 2. The light source is external to the sign and is directed to and concentrated on the sign; or 3. The light source is supplied by neon tubing. C. Glare: Illumination shall be prevented from striking or causing a glare on the street or nearby properties. D. Protection Of Light Source: Floodlights, gooseneck reflectors or other external sources of illumination shall be contained within a protective casing. E. Motion: Illumination shall be constant in intensity and color and shall not consist of flashing, animated, chasing or scintillating lights. Electronic message centers, as defined herein, shall not be considered "flashing" signs for the purposes of these regulations. F. Brightness Limitations: In no instance shall the lighting intensity of any sign, whether resulting from internal or external illumination, exceed seventy five (75) foot-candles when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign. G. Electronic message center signs must not exceed a maximum illumination of five thousand (5,000) nits (candelas per square meter) during daylight hours and a maximum illumination of five hundred (500) nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. All signs shall have an ambient light monitor that will automatically adjust the brightness levels based on ambient light conditions. 7.402: MAINTENANCE:Z� 111 A. All signs authorized under this Code shall be properly maintained at all times. Proper maintenance includes, but is not limited to, keeping all materials, surfaces and lettering in good condition and physical appearance, as well as keeping any mechanical or illumination features in good working order and condition. B. The Village, through an authorized inspector, shall have the authority to inspect any sign authorized under this Code to determine whether it is properly maintained. Any sign found not to be in good condition or working order as described in subsection A of the Section 7.42 shall be removed, repaired or replaced. C. Abandoned signs shall be removed when they have been found by the Director to be causing confusion to the public or pose a safety hazard. SPECIAL MEETING - September 13, 2016 Page 276 of 449 Article V ADMINISTRATION AND ENFORCEMENTI� 7.501: PERMITS: 7.502635: NONCONFORMING SIGNS: 7.503640: ILLEGAL SIGN (BOTH TEMPORARY AND PERMANENT): 7.501: PERMITS:' ) 121 A. Unless otherwise exempted under this chapter, no sign shall be erected, altered or relocated without a permit for such sign, issued by the village with the approval of the director as required by this chapter. B. No sign permit shall be required for repainting, cleaning and other normal maintenance or repair of a sign structure for which a permit has been previously issued. C. Prior to the filing of an application for a sign permit the staff is available to meet with business owner, property owner, and/or sign company to review any concepts. D. See the Sign Permit Application for submission requirements. E. See Appendix A, Division II of the Village Code for sign permit fees 7.502: NONCONFORMING SIGNS:'Z I121 The owner or beneficial user of any legal, nonconforming sign shall maintain such sign in good condition and repair, provided that said sign shall not be changed or altered in any manner, other than a replacing a face panel shall not be changed to another nonconformity; shall not be expanded; shall not be structurally altered to prolong its useful life; or shall not be moved in whole or part to any other location where it would remain nonconforming. 7.503: ILLEGAL SIGN (BOTH TEMPORARY AND PERMANENT):' IU A sign installed without a permit and/or in conflict with the provisions of this chapter is a violation of the sign code and subject to penalty fees per day of violation as set forth in appendix A, division III of this code. Any permit fees associated with an illegal sign shal be paid at twice the normal fee requirements. SPECIAL MEETING - September 13, 2016 Page 277 of 449 Article VI APPEALS VARIATIONS AND TEXT AMEN DMENTS"t' lu 7.601: SCOPE OF APPEALS, VARIATIONS AND TEXT AMENDMENT: 7.602: NOTICE REQUIREMENT: 7.603: PROCESSING, NOTICE AND HEARING: 7.604: ACTION ON APPEAL, VARIATION OR SPECIAL USE: 7.605: STANDARDS FOR VARIATIONS: 7.606: STANDARDS FOR TEXT AMENDMENTS: 7.601: SCOPE OF APPEALS, VARIATIONS AND TEXT AMENDMENT: Z IU An appeal from a staff decision made in interpreting, applying and/or enforcing the regulations contained in this chapter may be taken to the planning and zoning commission. A variation may be requested from the height, area, and minimum distance requirements contained in this chapter. The planning and zoning commission shall hear text amendment requests and make a recommendation to the village board for final action. 7.602: NOTICE REQUIREMENT 'u 111 A. An applicant shall file notice of such appeal, variation or text amendment forms provided by the director, who shall forward a copy without delay to the village clerk for processing and notice. B. The notice shall be published in the local newspaper not less than five (5) days prior to a public hearing before the planning and zoning commission. C. The notice of appeal, variation or text amendment shall contain the following information, as well as such additional information as may be prescribed by the planning and zoning commission. 1. A legal description of the subject property. 2. The commonly known location (address) of the subject property and property identification number (PIN). 3. A brief statement of the nature of the requested appeal or variation. 4. The name(s) and address(es) of the legal and/or beneficial owner(s) of the property for which such appeal, variation, and text amendment is requested and the written approval from the property owner to apply for such request. SPECIAL MEETING - September 13, 2016 Page 278 of 449 5. The name(s) and address(es) of the petitioner(s). 6. The name of the legal representative of the petitioner, if any. D. At the time of filing, the notice of appeal, variation, or text amendment shall be accompanied by such plats and exhibits as may be reasonably necessary for a proper determination of the question presented for review. E. Fees as set forth in appendix A, division II of this code. 7.603: PROCESSING, NOTICE AND HEARING :u 111 A. Upon receipt by the village a copy of the notice of appeal, variation, or text amendment that has been duly filed with the director, the village clerk shall assign the case and/or docket number to the petition and shall maintain a file for such petition, which file shall be open to the public for inspection during regular business hours. All documents pertinent to the case (application, evidence, exhibits, transcript or record of proceedings, etc.) shall be placed in said file by the village clerk. 7.604: ACTION ON APPEAL OR VARIATION:'TC U A. The planning and zoning commission shall, within fifteen (15) days after the hearing, decide the appeal made from such order, requirement, decision or determination made by the village staff in the administration and enforcement of this chapter. The planning and zoning commission shall use the physical parameters and guidelines included in this chapter as the standards for their decision. B. The planning and zoning commission shall, within fifteen (15) days after the hearing, decide the variation requested from the standards and/or general objectives contained in this chapter. The planning and zoning commission shall recommend action to the village board on text amendment requests within fifteen (15) days of the hearing. The planning and zoning commission shall use the physical parameters and guidelines included in this chapter as the standards for their decision or recommendation. C. No permit shall be issued during the pendency of an appeal, variation or text amendment before the planning and zoning commission, nor while litigation is pending in any court challenging the village's actions, nor while any appeal, variation or text amendment is pending from any court's action overriding or reversing the village's actions, nor during the time within which such appeal from a court's action can lawfully be taken. SPECIAL MEETING - September 13, 2016 Page 279 of 449 D. Nothing in this section shall be construed as abolishing any other regulation restricting the issuance of permits or the construction or alteration of buildings but is in addition thereto and declared to be an emergency measure and necessary for the immediate preservation of the public peace, health, safety and general welfare. 7.605: STANDARDS FOR VARIATIONS:'` ° 121 A. The planning and zoning commission shall not recommend or grant a variation unless it shall make findings of fact based upon evidence presented at the hearing in any given case that: 1. The sign in question cannot reasonably identify the establishment if permitted to be used only under the conditions allowed by the regulations of the sign ordinance. 2. The plight of the owner is due to unique circumstances and the proposed variation will not merely serve as a convenience to the petitioner, but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations of this chapter were carried out and which particular hardship or practical difficulty is not generally applicable to other comparable signs or properties. 3. The alleged hardship has not been created by any person presently having a proprietary interest in the subject sign (or property). 4. The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood. 5. The proposed variation will not impair visibility to the adjacent property, increase the danger of traffic problems or endanger the public safety. 6. The proposed variation will not alter the essential character of the neighborhood; and 7. The proposed variation is in harmony with the spirit and intent of this chapter. B. The planning and zoning commission may impose such conditions and restrictions upon the subject sign and property, the location, the construction, design and use of the sign benefited by such a variation as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values, and ensure traffic safety. 7.606: STANDARDS FOR TEXT AMENDMENTS:'Z SPECIAL MEETING - September 13, 2016 Page 280 of 449 A. When a text amendment is proposed, the planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: 1. The degree to which the proposed amendment has general applicability within the village at large and not intended to benefit specific property. 2. The consistency of the proposed amendment with the objectives of this chapter and the intent of the applicable sign regulation. 3. The degree to which the proposed amendment would create nonconformity. 4. The degree to which the proposed amendment would make this chapter more permissive. 5. The consistency of the proposed amendment with other plans and ordinances regulating property development. 6. The degree to which the proposed amendment is consistent with village policy as established in previous rulings on petitions involving similar circumstances. SPECIAL MEETING - September 13, 2016 Page 281 of 449 Article VII DEFINITIONS AND ILLUSTRATIONS"t 7.701: DEFINITIONS: 7.702: ILLUSTRATIONS: 7.701: DEFINITIONS:Z IU APPEARANCE: The outward aspect visible to the public. ARCHITECTURAL STYLE: The characteristic form and detail, as of buildings of a particular historic period. AWNING: A rooflike structure made of cloth which projects from a building for the purpose of shielding a doorway or window. BANNER: A temporary sign applied to or constructed of paper, plastic or fabric of any kind with or without frame, used to identify or attract attention to a location, object, institution, product, service or business. Flags of nations, states, political subdivisions, businesses or institutions shall not be considered banners for purposes of this chapter. CANOPY : A permanent hood, awning or rooflike construction which projects from a building wall for the purpose of providing shelter or protection from the weather. CANOPY SIGN: Any sign that is fastened, affixed, or attached to and erected parallel to a canopy or marquee in such a manner that the canopy (marquee) becomes the supporting structure or forms the background surface of the sign, and which does not project more than eighteen inches (18") from the canopy (marquee). CHANGEABLE COPY SIGN: Any sign that is designed or used so that characters, letters or symbols can be manually changed or rearranged without altering the surface of the sign. CODE: The village code of Mount Prospect, Illinois. COMMERCIAL SIGN: A sign that directs attention to a business, or to a service or commodity for sale and/or profit. DEVELOPMENT IDENTIFICATION SIGN: A sign which identifies the name of a development consisting of at least five (5) business establishments or a single-family subdivision when the development comprises a minimum of thirty (30) acres. DIRECTOR: The director of community development of the village of Mount Prospect, and/or his duly authorized agent(s). SPECIAL MEETING - September 13, 2016 Page 282 of 449 DIRECTORY SIGN: A sign which identifies only the names and locations of occupants or uses within a building or on a lot. ELECTRONIC MESSAGE CENTER: Any sign which uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and may be modified by electronic processes. ESTABLISHMENT: A. Any institution, business or industrial activity that is the sole occupant of one or more buildings having frontage on at least one public street, or B. Any institution, business or industrial activity that occupies a portion of a building such that the activity is a separate and distinct business from the other activities within the building. FLAG: A construction of fabric, plastic or paper depicting through symbols, characters, design or letters, a nation, political subdivision, institution or business when hung, without frame, from a staff or pole. FREESTANDING SIGN: Any sign placed upon or supported by structural members placed in the ground independently of any other structure on the lot. GRADE: The elevation above mean sea level used for establishing the following: A. Base Or Established Grade: The average elevation of the established curb extending the width of the front of a lot or, where no curb is established, the average elevation of the crown of the street adjacent to the front of a lot. B. Finished Grade: The elevations or contours resulting from excavation or filling as approved by the village. ILLUMINATED SIGN: Any sign lighted by or exposed to artificial lighting whether by lights on or within the sign or directed toward the sign. ITEM OF INFORMATION: A word, an abbreviation, a single number, a series of numbers, a symbol or a geometric shape greater than two inches (2") in height contained in a sign. A sign which combines several different geometric shapes or shapes of unusual configuration, is assessed one item of information for each noncontiguous plane. Punctuation marks and hyphenations are exempt. LANDSCAPING: Plant materials, topography, and other natural physical elements combined in relation to one another and to manmade structures. SPECIAL MEETING - September 13, 2016 Page 283 of 449 LOGOGRAPH: A sign which consists of symbols, words, pictures, letters or other graphic elements arranged in a generally recognizable fashion used to represent a particular trade, corporation, profession or business; including, but not limited to, corporate emblems, trademarks, logos and barbers' poles. Any words or letters included in a logograph shall be incidental to the graphic elements. LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection or junction. LOT, INTERIOR: A lot other than a corner lot. LOT LINE: A recorded property boundary line of any single lot which divides one lot from another lot or from a right of way. LOT LINE, EXTERIOR: A lot line which divides a lot from a right of way. LOT LINE, FRONT: In the case of an interior lot abutting upon only one street, the line separating such lot from such street; in the case of a double frontage lot, each line separating such lot from a street shall be considered a front lot line; in the case of a corner lot, the shorter lot line separating such lot from a street shall be considered to be the front lot line. LOT LINE, INTERIOR: A lot line which divides one lot from another lot. LOT LINE, REAR: That lot line which is parallel to and most distant from the front lot line of the lot; provided, however, that in the case of an irregular, triangular or gore shaped lot, a line ten feet (10') in length, entirely within the lot, parallel to, and at the maximum possible distance from, the front lot line shall be considered to be the rear lot line. LOT LINE, SIDE: Any lot line other than a front or rear lot line. LOT OF RECORD: A designated parcel of land identifiable as a single separate tract which is part of a subdivision, the plat of which has been recorded or registered with the appropriate county office, or the deed to which has been recorded or registered with the appropriate county office pursuant to 765 Illinois Compiled Statutes 205/1.02 (plat act), and which is intended to be used, developed or built upon as a unit. LOT, THROUGH: Any interior lot which has a pair of lot lines along two (2) substantially parallel streets. MANSARD: A roof having a steep slope, attached to the face and main structure of the building, which may extend above the parapet line or roofline of the building. MANSARD SIGN: A sign that is mounted on a mansard of a building. SPECIAL MEETING - September 13, 2016 Page 284 of 449 NON-COMMERCIAL SIGN- a sign that does not direct attention to a business, or to a service or commodity for sale and/or profit (e.g. political, religious, ideological or public information signs). PORTABLE SIGN: Any sign designed to be moved from place to place or not securely attached to the ground or to any structure. PROJECTING SIGN: Any sign mounted perpendicular to a wall that is fastened, affixed or attached directly to an outside wall of a building as permitted in Section 7.302 .. ROOF SIGN: A sign erected or maintained in whole or in part upon, against or directly above the roof or parapet line of a building. ROOFLINE: The top of the parapet of a building with a flat roof, the deck line of a building with a mansard roof, or the eaves line of a building with a gable, gambrel or hip roof. SHOPPING/BUSINESS CENTER: A grouping of retail and/or service uses with common access and parking. For purposes of the sign ordinance, shopping centers require a unified sign criteria approved by management or ownership. Criteria shall not be in conflict with village standards. SIDEWALK SIGN: Any sign placed on a sidewalk which contains a message on one or both sides. Sidewalk signs may not be permanently attached to the ground or structure. SIGN: Any surface, object, device, display, structure or fabric which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means; including, but not limited to, words, figures, designs, symbols, fixtures, colors, illumination, projected images, or forms shaped to resemble any human, animal, product or object. SIGN AREA: The area of a sign, measured as follows: A. Freestanding or projecting signs shall be measured as the sum of sign areas within a rectangle, circle or triangle which encompasses the extreme limits of each and every sign face, including all advertising and background surfaces; but excluding structural members not forming an integral part of the display or pole covers which contain no advertising copy for double faced signs. The area of all such faces shall be totaled and such resultant area shall be divided by two (2) to determine the total sign area. B. All other signs shall be measured as the sum of the area within a rectangle, circle or triangle which encompasses all letters, words, symbols, or other graphic elements, plus any background area which does not appear as a continuous portion of the building surface. SPECIAL MEETING - September 13, 2016 Page 285 of 449 SIGN FACE: The surface or surfaces used for the display of a sign message as seen from any one direction. SIGNABLE WALL AREA: The area within a rectangle which encompasses a continuous portion of a building facade, unbroken by windows, doors, or major architectural interruptions of the building surface. For signs located completely within a gable, signable wall area may be triangular in shape. TEMPORARY SIGN: Any sign intended for a limited period of display, the maximum length of which shall be one year. TEXT AMENDMENT: A change to a section or provision of the sign ordinance which requires final action by the village board of trustees following a recommendation and public hearing by the planning and zoning commission. UNIFIED BUSINESS CENTER: A business development containing four (4) or more indoor establishments developed under one ownership, with an integrated building and site arrangement and overall architectural concept. VARIATION: A change from the regulations established in this chapter. Variations are granted upon documentation of a hardship, if the "standards for variations" outlined in section 7.605 of this chapter apply. VILLAGE: The village of Mount Prospect, Illinois. WALL SIGN: Any sign that is fastened, affixed or attached to and erected parallel to an exterior building wall in such a manner that the wall becomes the supporting structure or forms the background surface of the sign, and which does not project more than eighteen inches (12") from the building. WINDOW: An opening in the wall of a building for admission of light containing transparent or translucent material such as glass. WINDOW SIGN: Any sign that is applied or attached to a window or is located within a building such that the sign is located to be viewed from the exterior of the building. WINDOW SURFACE AREA: The area of a building facade which is occupied by a window. SPECIAL MEETING - September 13, 2016 Page 286 of 449 7.702: ILLUSTRATIONS:iZ 111 Sign Types M FAL Will SPECIAL MEETING - September 13, 2016 Page 287 of 449 Sign Area- Wall Sign Area- Freestanding s< M Sign on Raised Berms SPECIAL MEETING - September 13, 2016 Page 288 of 449 Updated: September 2, 2016 Article III GENERAL PROVISIONS'`) [:E] 14.301: INTERPRETATION OF ZONING REQUIREMENTS: 14.302: SEPARABILITY: 14.303: TRANSITIONAL STANDARDS OF THIS ZONING ORDINANCE: 14.304: BULK REGULATIONS: 14.304.1: DESIGN STANDARDS: 14.305: REGULATIONS FOR RADIO, SATELLITE AND TELEVISION ANTENNAS, TOWERS AND DISHES: 14.306: ACCESSORY STRUCTURES: 14.307: STANDARDS FOR HOME OCCUPATIONS: 14.308: GROUP AND FAMILY COMMUNITY RESIDENCES; GENERAL PROVISIONS AND STANDARDS: 14.309: TEMPORARY USES: 14.310: STANDARDS FOR THE R-3 AND R-4 ZONING DISTRICTS (REP. BY ORD. 5034, 7-20-1999): 14.311: OUTDOOR SALES AND STORAGE: 14.312: ELIMINATION OF UNPERMITTED SECOND HOUSEKEEPING UNITS: 14.313: REGULATIONS FOR PERSONAL WIRELESS SERVICE FACILITIES: 14.314: OUTDOOR LIGHTING REGULATIONS: 14.315: CONVERSION OF SINGLE-FAMILY RESIDENTIAL ATTACHED GARAGES: 14.316: UNENCLOSED PORCHES IN THE REQUIRED FRONT YARD SETBACK: 14.317: ENVIRONMENTALLY SENSITIVE DEVELOPMENT TECHNIQUES: 14.318: FENCES AND WALLS: 14.319: PERMITTED OBSTRUCTIONS: 14.320: VISION CLEARANCE: 14.301: INTERPRETATION OF ZONING REQUIREMENTS:'`!) U In their interpretation and application, the requirements and provisions of this chapter shall be considered to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience, prosperity and general welfare of residents of the village. This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive, or impose a higher standard or requirements than such easements or other private agreements, the requirements of this chapter shall govern. All buildings erected hereafter, all uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings after adoption of this chapter shall be subject to all regulations of this chapter and the applicable zoning district. Chapter 14, Article III General Provisions 1 SPECIAL MEETING - September 13, 2016 Page 289 of 449 Updated: September 2, 2016 Except for an "accessory use", as defined in this chapter, any use or potential use of land or a structure which is not specifically enumerated as a permitted use, conditional use or use in limited circumstances, within a particular district, shall be prohibited. This prohibition is subject to article IV of this chapter. (Ord. 4590, 9-21-1993) 14.302: SEPARABILITY:�T'� [:E It is the intention of the board of trustees that the individual provisions of this chapter are separable in accordance with the following: A. If any court shall judge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in said judgment. B. If any court shall judge invalid any application of any provision of this chapter for a particular property, building, or use of land, such judgment shall not affect the application of such provision to any other property, building, or use of land not specifically included in said judgment. (Ord. 4590, 9-21-1993) 14.303: TRANSITIONAL STANDARDS OF THIS ZONING ORDINANCE i Provisions governing the applicability of this chapter as it relates to the previous zoning ordinance are established as set forth below: A. Existing Permitted Uses: If a use which was classified as permitted prior to the effective date of this chapter is classified as a conditional use by this chapter, such use is hereby deeded a lawful conditional use for the purposes of this chapter. B. Existing Special Uses: 1. A special use approved prior to the effective date hereof shall be considered a legal conforming use if it is classified as a permitted use by this chapter. 2. A special use approved prior to the effective date hereof shall be considered a legal nonconforming use if it is not classified as a permitted or conditional use by this chapter. Such use shall be subject to the applicable nonconforming provisions of article IV of this chapter. 3. If the approval of a special use was subject to any governing conditions, those conditions shall continue in full force and effect unless a new conditional use is obtained. Chapter 14, Article III General Provisions 2 SPECIAL MEETING - September 13, 2016 Page 290 of 449 Updated: September 2, 2016 C. Uses Rendered Nonconforming: When a building, structure or lot or parcel is used for a purpose which was a lawful use before the effective date hereof, but such use is no longer classified as a permitted use or conditional use in the zoning district in which it is located, such use is hereby considered a nonconforming use and shall be regulated by the provisions of article IV of this chapter. D. Buildings, Structures And Lots Rendered Nonconforming: When any building or structure which existed on the effective date hereof does not meet all standards set forth in this chapter, such building or structure is hereby considered nonconforming and shall be regulated by the provisions of article IV of this chapter. E. Previously Issued Building Permits: When a building permit for a building or structure has been lawfully issued prior to the effective date hereof, and if such building or structure and proposed use of the building do not meet the requirements of this chapter, such building or structure may be completed in accordance with the plans on the basis of which the building permit was issued. However, such construction must begin within six (6) months of the date of the permit issuance, and pursued diligently to completion. Upon completion, such building or structure may be issued a certificate of occupancy for the use originally intended, subject to the applicable nonconforming provisions of this chapter. (Ord. 4590, 9-21-1993) 14.304: BULK REGULATIONS: U Bulk regulations shall be set forth in each zoning district for all buildings, structures, and uses of land. In addition, the following general standards shall supplement the specific requirements of each zoning district: A. Minimum Lot Size/Division Of Zoning Lots: Every lot created after the effective date hereof shall meet the minimum lot area and minimum lot width requirements of the zoning district within which it is located. In any zoning district, a building, structure or use of land may be established on any lot which is a lot of record or zoning lot on the effective date hereof, provided that all other bulk regulations of the zoning district are met. B. Yard Requirements: All yard requirements shall be set forth under each zoning district for all buildings, structures and uses of land. All required yards shall be located on the same lot as the building, structure or use of land for which such yard is required. The right of way for any public roadway, public alley which exists by dedication shall not be included as part of a required yard. C. Number Of Buildings On A Lot: Not more than one principal building shall be located on any zoning lot in a zoning district, except in the case of a PUD, where more than one principal building on a zoning lot shall be allowed as part of a PUD. Chapter 14, Article III General Provisions 3 SPECIAL MEETING - September 13, 2016 Page 291 of 449 Updated: September 2, 2016 14.304.1: DESIGN STANDARDS: A. Downtown Design Guidelines: 1. Purpose: The downtown design guidelines contained herein shall serve the built environment within the downtown by promoting the use of high quality materials; supporting a unified pedestrian oriented environment, a mix of land uses, and thriving public spaces; and promoting and enhancing the character of the downtown. The downtown design guidelines shall be in addition to code requirements found elsewhere in this chapter. For the purposes of this section, the "downtown" shall be defined as: a. Properties located in the B-5 and B -5C zoning districts. b. Properties located along Prospect Avenue from Central Avenue to William Street. c. Properties located along East Lincoln Street from Maple Street to William Street. 2. Applicability: The downtown design guidelines shall be applicable to the following projects within the downtown: a. Construction of new buildings. b. Additions to existing buildings. c. Facade improvements to existing buildings. Facade improvements solely consisting of replacement of windows and doors of like size and location are exempt from the guidelines of this section. 3. Building Design: The architectural design and details of the building shall meet the following objectives: a. Linear Massing: Facades fifty feet (50') or greater in length facing a front or exterior side lot line shall vary the depth of the structure, by way of recesses and projection within the building's architecture. These details shall break up the massing of the structure in addition to any windows and building entrances along the facade. b. Access: All buildings with a total width greater than fifty feet (50') shall have a minimum of one entryway at the front of the building, defined as the facade of the building which faces the front or exterior side lot line. Buildings constructed on a corner lot may choose the building's orientation; access may be from either the front or the exterior side. Chapter 14, Article III General Provisions 4 SPECIAL MEETING - September 13, 2016 Page 292 of 449 Updated: September 2, 2016 c. Windows And Doors: The first floor of buildings shall have a minimum of twenty five percent (25%) of the facade area facing a front or exterior side be devoted to glass windows and/or doors. Windows and doors should be used as an opportunity to provide architectural interest which breaks up building massing and supports a pedestrian friendly environment. If solid, windowless walls are necessary to the building's function, architectural details shall be included to add visual interest. Cl. Rooflines: The roofline of a building should include architectural details which add to its overall design, such as cornices, dormers, or parapet walls. e. Materials: Durable, high quality building materials which do not require frequent maintenance, such as brick, stone, and glass, shall be used for facades which are visible from the street. Materials located along a single facade shall be harmonious in design and color. f. Vertical Massing Of Multi -Story Buildings: Multi -story buildings shall be visually divided using architectural details such as differing building materials or stepbacks to reduce the sense of mass and highlight the first floor to a pedestrian scale. 4. Site Design: a. Building Setbacks And Parking Lots: Building setbacks shall conform to section 14.905 of this chapter when applicable. Where possible, parking lots shall not be located between the street and the building's front facade. b. Landscaping: Sites shall comply with the landscape provisions found in article XXIII of this chapter. The use of landscape planters, decorative fencing and similar treatments shall be encouraged in all outdoor areas where public gathering is desired, such as patio dining or other outdoor seating areas. c. Pedestrian Access: All buildings shall have clear pedestrian access from a public walkway to the entrance(s) of the building. Sidewalks located on private property, to be utilized by the public, shall be a minimum of seven feet (7') in width. Cl. Streetscape Improvements: Areas located immediately adjacent to village right of way shall blend into the village's existing streetscape improvement program where applicable. e. Bicycle Facilities: Properties which incorporate parking lots shall also provide bicycle racks on site. Bicycle parking shall be provided at a minimum amount of ten percent (10%) of the vehicle parking provided on site. U-shaped racks, similar to those installed by the village, are the preferred design. Chapter 14, Article III General Provisions 5 SPECIAL MEETING - September 13, 2016 Page 293 of 449 Updated: September 2, 2016 B. Additional Design Standards: The following design standards are applicable to the entire village: 1. Visual Expanse: Any structure over two hundred feet (200') in length shall be designed so as to stagger the building facades which face a right of way, parking lot, or adjacent residential property, in order to break up the visual expanse of the structure. 2. Screening Of Mechanical And Utility Equipment: a. When feasible, mechanical equipment should be located within the principal structure in order to minimize exterior visual impacts. b. All rooftop mechanical equipment shall be hidden when viewed from ground level as viewed from the public right-of-way or property line of any adjacent residentially zoned property. If screening is required, it shall be a continuous, permanent, sound attenuating and noncombustible screen of a color compatible with the principal structure. For new construction, the screen should be designed as an architectural component of the structure in the form of a parapet wall. The addition or modification of rooftop equipment on existing buildings shall be screened to the extent that is feasible, as determined appropriate by the community development director. If structural modifications are required to accommodate screening of mechanical equipment, it shall comply with the building code in effect at the time modifications are made. c. All ground mounted mechanical and utility equipment that is six feet (6') or less in height shall be screened from view utilizing landscaping which will grow to the height of the ground based utility. Ground mounted mechanical and utility equipment taller than six feet (6') in height that is visible from the right-of-way or adjacent residential property shall be screened from view with an enclosure that is constructed to be consistent with the material of the principal structure, as determined appropriate by the community development director. Cl. Screening of mechanical equipment shall be required when new equipment is installed and in such cases shall be provided around both new and existing mechanical equipment in order to provide visual continuity where feasible and practical, as determined by the community development director. Normal maintenance of mechanical equipment shall not mandate the screening requirement. (Ord. 4590, 9-21-1993; amd. Ord. 4678, 10-4-1994; Ord. 4866, 6- 17-1997; Ord. 5034, 7-20-1999; Ord. 5173, 3-6-2001; Ord. 5220, 11-6-2001; Ord. 52537 5-21-2002; Ord. 5426, 4-20-2004; Ord. 5751, 8-4-2009; Ord. 6112, 12-17- 2013) Chapter 14, Article III General Provisions 6 SPECIAL MEETING - September 13, 2016 Page 294 of 449 Updated: September 2, 2016 14.305: REGULATIONS FOR RADIO, SATELLITE AND TELEVISION ANTENNAS, TOWERS AND DISHES: Zi 1:21 A. General Provisions: 1. Compliance With Requirements Of This Section: Antenna towers and dishes which do not comply with the requirements of this section may be authorized only in accordance with the procedures for conditional uses. All antenna towers and dishes shall be constructed to meet or exceed the minimum wind velocity and construction standards specified in the building code'. 2. Satellite Dishes And Personal Wireless Service Facilities: Satellite dishes that are less than three feet (3') in diameter and personal wireless service facilities are not regulated by this section. 3. Amateur Radio Antennas: Antennas used for amateur radio purposes shall comply with the requirements in subsection D of this section. B. Ground Mounted Antenna Towers Or Dishes: 1. Number Permitted: There shall not be more than one ground mounted antenna tower or dish located on a zoning lot. 2. Location: Ground mounted antenna towers and dishes shall not be located in any required yard except for rear yards and shall be set back a minimum of five feet (5') from the lot line. 3. Height Restrictions: The height of all antenna towers or dishes shall include any accompanying base or support structures and shall be measured from finished grade to the highest point of the antenna. a. Residential zoning districts: (1) Antenna Towers: Federally licensed towers shall not exceed a maximum height of seventy feet (70'). (2) Dish Antennas: Ground mounted dish antennas shall not exceed fifteen feet (15') in height. b. Nonresidential zoning districts: (1) Antenna Towers: Ground mounted antenna towers shall not exceed seventy feet (70') in height, unless authorized by a conditional use permit. (2) Dish Antennas: Ground mounted dish antennas shall not exceed the height of the building by which they are located. Chapter 14, Article III General Provisions 7 SPECIAL MEETING - September 13, 2016 Page 295 of 449 Updated: September 2, 2016 4. Diameter: a. Residential Zoning Districts: (1) Ground mounted dish antennas shall not exceed ten feet (10') in diameter. b. Nonresidential Zoning Districts: (1) Ground mounted dish antennas in nonresidential zoning districts shall not exceed fifteen feet (15') in diameter. 5. Screening: All ground mounted dish antennas must be screened with landscaping or fencing as determined appropriate by the community development director. C. Roof Mounted Antenna Towers And Dishes: i1111111101"11 smagar,11=2 ON a. Residential zoning district: There shall not be more than one roof mounted antenna tower or dish located on a zoning lot. b. Nonresidential zoning district: There shall not be more than one roof mounted antenna tower or dish for each separate establishment located within a zoning lot. 2. Location: Subject to structural approval, roof mounted antenna towers and dishes shall be located on the principal building to which they are an accessory. 3. Height Restrictions: a. Residential Zoning Districts: (1) Antenna Towers: Roof mounted antenna towers shall not project more than ten feet (10') above the maximum height of the residential building upon which they are located. Antenna towers located on the roof of educational, religious, or municipal buildings shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located. (2) Dish Antennas: Roof mounted dish antennas shall not project higher than the maximum height allowed for the building upon which they are located. b. Nonresidential Zoning Districts: Chapter 14, Article III General Provisions 8 SPECIAL MEETING - September 13, 2016 Page 296 of 449 Updated: September 2, 2016 (1) Antenna Towers: Roof mounted antenna towers shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located. (2) Dish Antennas: Roof mounted dish antennas shall not project higher than the maximum height allowed for the building upon which they are located. 4. Diameter: a. Residential Zoning Districts: Roof mounted dish antennas located on residential buildings shall not exceed three feet (3') in diameter. Roof mounted dish antennas located on educational, religious, or municipal buildings shall not exceed ten feet (10') in diameter. b. Nonresidential Zoning Districts: Roof mounted dish antennas shall not exceed fifteen feet (15') in diameter. 5. Screening: All roof mounted dish antennas larger than three feet (3') in diameter must be fully screened from view from adjacent roadways and properties (between grade level and 10 feet above grade level) with materials which are compatible with the building to which they are accessory. 1. Ground Mounted Antennas: a. Antenna towers shall not be located in any required yard except for rear yards and shall be set back a minimum of fifteen feet (15') from any lot line. b. Ground mounted antenna towers shall not exceed a maximum height of seventy feet (70'), including any accompanying base or support structures and shall be measured from finished grade to the highest point of the antenna. c. Ground mounted dish antennas shall not exceed fifteen feet (15') in height and ten feet (10') in diameter, including any accompanying base or support structures and shall be measured from finished grade to the highest point of the antenna. 2. Roof Mounted Antennas: Roof mounted antennas for amateur radio use shall comply with the following: a. Antenna towers shall not project more than ten feet (10') above the maximum height of the residential building upon which they are located. Antenna towers located on the roof of educational, religious, or municipal buildings shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located. Chapter 14, Article III General Provisions 9 SPECIAL MEETING - September 13, 2016 Page 297 of 449 Updated: September 2, 2016 b. Dish antennas shall not project higher than the maximum height allowed for the building upon which they are located. (1) Roof mounted dish antennas located on residential buildings shall not exceed three feet (3') in diameter. (2) Roof mounted dish antennas located on educational, religious, or municipal buildings shall not exceed ten feet (10') in diameter. c. Roof mounted antenna towers or dish antennas for amateur radio use shall be located on the principal building to which they are an accessory and are subject to structural approval. (Ord. 4590, 9-21-1993; amd. Ord. 4925, 4-21-1998; Ord. 61127 12-17-2013) 14.306: ACCESSORY STRUCTURES Z� 121 A. General Requirements: The following restrictions on accessory buildings, structures and uses apply to all zoning districts: Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the time of construction of a principal building. 2. Yard Requirements: No accessory building, structure or use shall be located in a required front yard, required side yard or exterior side yard, unless otherwise provided for in this chapter. 3. Height Requirements: a. Residential and Commercial Districts. No detached garage or gazebo shall exceed a maximum height of fifteen feet (15'). No other accessory building/structure shall exceed ten feet (10') in height. b. Industrial, Office Research and Conservation Recreation Districts. No accessory building/structure shall exceed twenty feet (20') in height 4. Separation Between Buildings: a. A detached accessory building or structure shall be located no closer to the principal building than three feet (3'). Detached garages located between three feet (3') and ten feet (10') from a principal building shall be provided with a five-eighths inch (5/8") drywall finish on the interior walls and ceiling. b. Any structure permanently attached to the principal structure is no longer considered an accessory structure pursuant to Article XXV of this chapter and shall Chapter 14, Article III General Provisions 10 SPECIAL MEETING - September 13, 2016 Page 298 of 449 Updated: September 2, 2016 meet the bulk requirements of the zoning district for principal structures, unless otherwise listed as a permitted obstruction in section 14.319. c. Above -ground swimming pools are permitted to attach to a deck if all required rear and side yard setbacks are met and the deck is designed with a gate between the deck and pool and access is provided to the yard from the deck. Cl. Pergola support columns shall be located no closer to the principal building than three feet (3'). 5. Number Of Accessory Structures: The maximum number of accessory structures shall not exceed two (2) such structures per zoning lot. Swimming pools and structures listed as permitted obstructions in section 14.1319 are exempt from the total number of accessory structures. 6. Shed Restrictions: A shed shall not be utilized to store motor vehicles or as office, work or living space. The storage of household items, equipment to maintain the property and small recreational equipment is permitted. 7. Roof Pitch: No accessory structure shall have a roof pitch of less than three to twelve (3:12). Pergolas, arbors, and accessory structures in the 11 Limited Industrial, CR Conservation Recreation, and OR Office Research zoning districts shall be exempt from this requirement. B. Restrictions In Residential Districts: 1. Maximum Size: a. A detached private garage may be no larger than six hundred seventy two (672) square feet. b. A shed, gazebo, pergola, greenhouse, or other similar accessory structure may be no larger than the smaller of the following: (1) Two percent (2%) of the lot area; or (2) Two hundred (200) square feet. 2. Bulk Restrictions. a. On lots fifty five feet (55') in width or less, detached accessory structures shall be set back three feet (3') from any interior side or rear lot line. b. On lots greater in width than fifty five feet (55'), detached accessory structures shall be set back five feet (5') from any interior side or rear lot line. Chapter 14, Article III General Provisions 11 SPECIAL MEETING - September 13, 2016 Page 299 of 449 Updated: September 2, 2016 c. No accessory structure shall be placed on any right of way or village utility or easement without prior consent from the director of community development. Cl. All solid -roofed accessory structures, including gazebos, shall be included in any Floor Area Ratio calculation. 3. Lot Coverage. Accessory structures shall be included in any maximum lot coverage calculation. C. Restrictions In Business And Industrial Districts: 1. Maximum Area: Detached accessory building(s) or structure(s) shall occupy no more than thirty percent (30%) of the area of a required yard. 2. Yard Requirements: Accessory structures shall be set back six feet (6') from any side or rear lot line. No accessory structure shall be placed on any right of way or village utility or easement without prior consent from the director of community development. D. Regulations For Specific Accessory Structures And Uses: 1. Garbage Dumpsters And Recycling Containers: a. Required: All multi -family buildings utilizing centralized solid waste services shall provide a garbage dumpster and recycling container area which meets the minimum standards which have been established by the solid waste coordinator. b. Location: Outdoor designated garbage dumpsters and recycling containers shall maintain the same setbacks as parking lots. Dumpsters and containers that are located within covered parking areas shall be designed so that they do not conflict with required parking spaces or access drives. c. Screening: (1) Non -Residential Districts. Such dumpsters and containers shall be screened on all sides by a solid wood fence or equivalent screening material to a height not less than six feet (6'). (2) Multiple -family residential developments shall provide screening on no less than three (3) sides by a solid wood fence or equivalent screening material to a height not less than six feet (6'). 2. Accessory Commercial Uses Within Multi -Family Residences: Accessory commercial uses including restaurants, drugstores, retail food shops, valet services, beauty and barber shops, and physical fitness or health facilities shall be permitted within multi -family buildings provided that the accessory uses must be Chapter 14, Article III General Provisions 12 SPECIAL MEETING - September 13, 2016 Page 300 of 449 Updated: September 2, 2016 accessible to the public only through the lobby of the building; and no advertising or display related to the accessory use shall be visible from outside the building. 3. Accessory Uses Within Office Buildings: Accessory uses located within office buildings including cafeterias, restaurants, gift shops, flower shops, snack bars, drugstores, barbershops, beauty parlors, banks, daycare centers, and office supply stores (excluding sales of office machinery and furniture) shall be permitted provided that said accessory uses are conducted for the convenience of the employees, patients, patrons, or visitors. Said accessory uses shall be designed and located totally within the confines of the principal building and the primary access to any accessory retail use shall be from within the principal building. 4. Off Street Parking Facilities: Parking lots and drive aisles shall not be subject to the restrictions of this subsection, but shall be subject to the requirements within Article XXII and Article XXIII of this Chapter.. 5. Signs: Signs shall not be subject to the restrictions of this subsection but shall be subject to the requirements of Chapter 7 of the Village Code.. 6. Swimming Pools: The regulations of this subsection shall not apply to any pool having at every point a depth less than twenty five inches (25"). No out of doors swimming pool for the use of members and their guests of nonprofit club or organization, or limited to house residents of a multiple -dwelling unit, a block, a subdivision, neighborhood, or other community shall be permitted in an R- 1, R -A or R -X district. a. Location: Swimming pools shall be located entirely behind the rear line of the building of the principal structure on the lot in the R-1, R -A, R-2 and R -X districts. Swimming pools shall not be permitted in any required front, side or exterior side yards. Pools are permitted to encroach into the rear yard provided a minimum of fifteen feet (15') is maintained from the rear property line to the edge of the structure. b. Area: The surface area of the swimming pool shall be included in total lot coverage. c. Construction: All swimming pools shall be constructed according to the requirements of this code. 7. Donation Boxes: The following restrictions shall apply to all donation boxes located within the village: a. Location Requirements: Chapter 14, Article III General Provisions 13 SPECIAL MEETING - September 13, 2016 Page 301 of 449 Updated: September 2, 2016 (1) Donation boxes are permitted as an accessory use to an institutional or nonprofit use only. (2) Donation boxes shall not be located in a required parking space. (3) Donation boxes shall not be located in a required front yard, required side yard or exterior side yard and shall be located to minimize visual impact when viewed from a street. b. Number Allowed: No more than one donation box shall be located on any lot. c. Size: A donation box shall not exceed six and one-half feet (6.5') in height. The box footprint shall be no greater than twenty five (25) square feet. Cl. Maintenance Requirements: Donation boxes shall be maintained in good condition with no structural damage, holes, rust or graffiti. All boxes shall be emptied and serviced regularly to prevent overflow of collections and be kept free of debris. e. Signage: The name, address and phone number of the donation box operator shall be posted on the box. Information shall be provided on the box as to whether the operator is a for profit or not for profit organization. Total signage on the donation box shall not exceed five (5) square feet or as approved by the director of community development. f. All donation box placement shall be in accordance with all additional state or county law. 14.307: STANDARDS FOR HOME OCCUPATIONS:• I121 "Home occupations", as defined in section 14.2401 of this chapter, shall be governed by the following standards to ensure that they are conducted in a manner that does not have any adverse impact on a residential area, or infringe on the rights of adjoining property owners: A. There shall be no sign displayed in conjunction with a home occupation. The purpose of this standard is to assure that no commercial signs are displayed in residential areas. B. There shall be no separate entrance for use by a home occupation, or any exterior alteration to a dwelling unit that will indicate from the exterior that any part of the residence is being used for any purpose other than that of a dwelling. The entrance Chapter 14, Article III General Provisions 14 SPECIAL MEETING - September 13, 2016 Page 302 of 449 Updated: September 2, 2016 to any space devoted to a home occupation shall be from within the dwelling. The purpose of this standard is to prohibit any alterations to a dwelling solely to accommodate a home occupation. C. Storage or inventory maintained at a residence in conjunction with a home occupation shall not exceed one hundred (100) cubic feet. The purpose of this standard is to limit any storage to an amount that could readily be stored in a closet. D. There shall be no noise, odor, dust, vibration, smoke, glare, television signal interference or radio signal interference, electrical interference, fire hazard or any other hazard emanating from the dwelling. No home occupation shall involve the use or production of noxious, toxic or harmful materials. The purpose of this standard is to ensure that a home occupation has no adverse environmental impact on adjoining properties. E. No person shall be employed other than a member of the immediate family residing in the dwelling unit, and no employees other than persons residing on the premises shall report to work at or near the premises, either for work to be completed within the residence or to be dispatched to work at another location. The purpose of this standard is to ensure that no nonresident comes to a dwelling for employment purposes, and to minimize the traffic generated by the home occupation. No routine attendance of employees associated with any home occupation shall be allowed at the premises of the home occupation. "Routine attendance" shall mean that the conduct of the home occupation requires nondomiciled persons to visit the premises of the home occupation as part of the regular conduct of the occupation, without regard to the number, frequency or duration of such visits. This standard shall apply irrespective of any business activity actually taking place at the dwelling unit. F. No home occupation shall generate customer, client or group visits of a greater frequency than what would be expected in a residential area where no home occupation exists. Any need for parking generated by a home occupation shall be provided on site and shall not exceed the required parking for a dwelling unit. The purpose of this standard is to limit the frequency of customer or client visits to an amount that is not disruptive to a neighborhood and eliminate congestion on public streets. G. The home occupation shall not utilize more than twenty five percent (25%) of the gross floor area of the dwelling unit. The purpose of this standard is to assure that the home occupation remains incidental to the residential use of the structure. H. No outside storage of any kind related to a home occupation shall be permitted. I. All vehicles utilized in conjunction with a home occupation shall comply with the regulations stipulated in section 14.2208 of this chapter. Chapter 14, Article III General Provisions 15 SPECIAL MEETING - September 13, 2016 Page 303 of 449 Updated: September 2, 2016 J. No contracting or service equipment or materials shall be stored on the premises, except in a permitted truck used for transporting equipment or materials between jobs. No loading or unloading of equipment or materials shall be done on the premises. No trailer used for commercial contracting or service uses shall be permitted for equipment storage in a residential area, nor shall it be parked on the premises. K. Private instruction as a home occupation is permitted, but is limited to no more than three (3) pupils at a time. (Ord. 4590, 9-21-1993; amd. Ord. 4825, 10-1-1996; Ord. 54267 4-20-2004; Ord. 5685, 4-15-2008; Ord. 5751, 8-4-2009) 14.308: GROUP AND FAMILY COMMUNITY RESIDENCES; GENERAL PROVISIONS AND STANDARDS: :D Group and family community residences shall be located as either a permitted or conditional use within all residential zoning districts in accordance with the provisions set forth listed in section 14.604 of this chapter. (Ord. 5751, 8-4-2009) 14.309: TEMPORARY USES:'Z� IEil Temporary buildings or structures may be allowed subject to the following regulations: A. Temporary construction trailers. 1. Temporary trailers or facilities for approved construction projects are permitted subject to the standards of the building code. 2. Temporary trailers or facilities shall be located to conform to the applicable setback requirements of the zoning ordinance. 3. All temporary trailers or facilities shall be removed upon completion of the construction project. B. Temporary classroom trailers and facilities. 1. Temporary trailers used as classrooms or similar uses that are ancillary to an existing school use are permitted for up to one year and are subject to the standards of the building code. 2. Temporary classroom trailers or facilities shall be located to conform to the applicable setback requirements of the zoning ordinance. C. Temporary structures located on non -single-family residential properties. Chapter 14, Article III General Provisions 16 SPECIAL MEETING - September 13, 2016 Page 304 of 449 Updated: September 2, 2016 1. Duration. Special promotions such as tent sales or outdoor meetings are permitted for a period of one week. No more than three (3) such promotions shall be allowed in a calendar year. 2. Location. Any tent, bleachers or other installations used in conjunction with the promotion shall meet the applicable setback requirements of the zoning ordinance. Temporary structures located on a parking lot shall meet the required parking lot setbacks and shall not block fire lanes. All temporary structures are subject to the standards of the building code. 3. Signs. Any signage or displays used with a special promotion shall meet the provisions of Chapter 7 of the village code. (Ord. 4590, 9-21-1993; amd. Ord. 5034, 7-20-1999) D. Temporary structures on single-family residential properties. 1. Temporary structures, such as tents or similar structures used for entertainment, assembly, or storage purposes, are permitted for a period of one week, and shall meet the accessory structure setback requirements of the zoning ordinance. 14.310: STANDARDS FOR THE R-3 AND R-4 ZONING DISTRICTS: Z� IU (Rep. by Ord. 5034, 7-20-1999) 14.311: OUTDOOR SALES AND STORAGE A. Outdoor Sale And Service Of Seasonal Merchandise: The outside sale and service of seasonal merchandise at retail shall be permitted only under the following terms, conditions, restrictions and regulations in the commercial districts of this chapter: 1. Outdoor sales and storage shall only be allowed as an accessory use to the principal use of the property. However, outdoor Christmas tree sales shall be permitted with written approval of the property owner. 2. Outdoor sales and storage of items at retail shall be restricted to sales of seasonal merchandise during the time of the year when such items are normally used. 3. When merchandise is stored or displayed on pedestrian walkways, a minimum width of five feet (5') must be maintained free and clear of any storage, display or sales. 4. All outdoor sales and storage shall be restricted to private property, and no sales and storage shall be permitted on publicly owned property, except sidewalk sales in the central business district. Chapter 14, Article III General Provisions 17 SPECIAL MEETING - September 13, 2016 Page 305 of 449 Updated: September 2, 2016 5. Outdoor sales and storage of merchandise in parking areas shall be approved by the director of community development. 6. All merchandise shall be kept in a neat, safe, sanitary and orderly fashion, free from garbage, rubbish and other debris. 7. There shall be no temporary or permanent storage of inventory in trailers. B. Outdoor Dining: Outdoor dining areas shall be permitted on the same zoning lot as and in conjunction with an established restaurant in the B-3, B-4, or B-5 district, subject to the following requirements: The following criteria shall apply to all outdoor dining areas located on the same zoning lot as the established restaurant: a. Outdoor dining areas may be revoked by the village manager at any time on fourteen (14) days' notice for failure to comply with the regulations set forth in this section. b. All outdoor furniture and appurtenances shall be constructed in such a manner as to allow for their easy removal during winter months and/or if otherwise required by the village. c. All outdoor furniture and appurtenances shall be designed to withstand a minimum wind pressure of not less than thirty (30) pounds per square inch. Cl. Colors and materials of outdoor furniture and appurtenances shall be harmonious with the principal and adjacent structures. e. The sale and consumption of alcoholic beverages in the outdoor dining areas shall be subject to all requirements of chapter 13 of this code. f. The proprietor shall provide adequate facilities for refuse disposal, as determined by the environmental health division. g. The outdoor dining area shall not be detrimental to the health, safety, or welfare of nearby residents or persons working or shopping in the vicinity. h. Outdoor dining areas shall be exempt from applicable parking requirements. However, in the event that the outdoor dining area creates an overflow parking problem onto adjacent public streets, the permittee must make provisions for off site parking on nearby nonresidential properties. Advertising or promotional features in a permitted outdoor dining area shall be limited to umbrellas or canopies, and shall be limited to no more than fifteen percent (15%) of the surface area of a canopy or umbrella. Chapter 14, Article III General Provisions 18 SPECIAL MEETING - September 13, 2016 Page 306 of 449 Updated: September 2, 2016 Outdoor dining areas shall meet all applicable village and state health requirements. k. No music or other noises generated by the operation of the outdoor dining areas shall be audible on adjacent properties. I. In no event shall the outdoor dining area operate earlier than six o'clock (6:00) A.M. or later than eleven o'clock (11:00) P.M. 2. Outdoor dining areas shall be permitted on public property, subject to the following criteria: a. All regulations set forth in subsection 131 of this section. b. An application for the outdoor dining area permit must be submitted to the department of community development. The department will conduct an administrative review of the application and the director will either approve or deny the application within thirty (30) days from receipt. The application shall contain, at a minimum, the following information: (1) A site plan showing location of the outdoor dining area; (2) Plans and cut sheets demonstrating the type of barricades, landscaping and other features that will be utilized to define the outdoor dining area and enhance the aesthetic appeal of the area; (3) Distances of the outdoor dining area to all property lines; (4) Proposed hours of operation; (5) The clear width of all walkways and sidewalks adjacent to the outdoor dining area; (6) Photographs or other documentation showing the construction and appearance of all furniture and appurtenances to be used in the outdoor dining area, including materials and colors; and (7) Provisions for refuse disposal for the outdoor dining area. c. Approved permits for outdoor dining areas shall be effective for a period of one year from the date of approval. Cl. The use of public sidewalk space for outdoor furniture and appurtenances shall only be permitted incidental to the operation of a restaurant on private contiguous property. Chapter 14, Article III General Provisions 19 SPECIAL MEETING - September 13, 2016 Page 307 of 449 Updated: September 2, 2016 e. The applicant shall submit a written statement acknowledging responsibility for and agreeing to comply with the following: 1) the sidewalk area will be maintained in a clean and safe condition; 2) the required open portion of the sidewalk will be kept free from any obstructions or encroachments pertaining to the restaurant use; and 3) the proposed outdoor dining area will comply with all conditions of this section. f. In no event shall the operation of the outdoor dining area reduce the open portion of the sidewalk to less than five feet (5') in width. g. Outdoor furniture and other appurtenances shall be constructed of durable materials, such as wrought iron. h. The applicant shall furnish the village with evidence of general liability insurance and dramshop insurance, if applicable, naming the village as an additional insured and insuring the village against any liability resulting from the uses permitted by the permit issued under this section. Minimum coverage for general liability insurance and dramshop insurance shall be as set forth in appendix A, division I of this code, and shall have no less than an "A" rating by the most recent A.M. Best insurance rating guide. i. The operator of the outdoor dining area shall be responsible for any damage to public property and shall restore the public sidewalk to its original state when the operation of the dining area ceases. j. In order to prevent the restaurant space from encroaching upon the front of another merchant's establishment, the outdoor dining area shall not extend laterally beyond the frontage of the permittee's establishment. C. Outdoor Storage On Residential Property: Outdoor storage on residential properties is prohibited except for the following: lawn and garden equipment and materials, garbage cans, grills and portable fireplaces, patio furniture, household tools, children's play equipment, and other items similar to the above as determined by the community development director. For regulations regarding the storage of commercial vehicles, or recreational vehicles and equipment, please refer to article XXII of this chapter. (Ord. 4590, 9-21-1993; amd. Ord. 5148, 10-17-2000; Ord. 5189, 5-15-2001; Ord. 5253, 5-21-2002; Ord. 5313, 3-18-2003; Ord. 5426, 4-20-2004; Ord. 56387 7-17-2007; Ord. 5751, 8-4-2009) 14.312: ELIMINATION OF UNPERMITTED SECOND HOUSEKEEPING UNITS: T' ...li A. Prohibited Acts: Except for as provided in subsection B of this section, no person shall: Chapter 14, Article III General Provisions 20 SPECIAL MEETING - September 13, 2016 Page 308 of 449 Updated: September 2, 2016 1. Enter into any lease or rental agreement of any kind or nature or otherwise maintain or permit for living purposes the use of an unpermitted second housekeeping unit. 2. Establish, install or construct an unpermitted second housekeeping unit within the corporate boundaries of the village. 3. Subsequent to January 1, 2000, enter into any lease or rental agreement of any kind or otherwise maintain or permit the use, for living purposes, of an unpermitted second housekeeping unit. B. Exceptions: This section shall not be applicable to the following: 1. "Group community residence" as defined in section 14.2401 of this chapter. 2. "Family community residence" as defined in section 14.2401 of this chapter. 3. Housing provided for religious institutions maintaining a house of worship in Mount Prospect when the housing is for its ministry, outreach or program personnel, provided that such housing is not otherwise prohibited by Mount Prospect regulations or laws. 4. Residences constructed and/or modified as residential two (2) flat or two (2) apartment buildings prior to May 2, 1944, which have not been converted to a single dwelling unit residence. 5. Any residence which has been officially sanctioned by the village as a two (2) flat whether by variation, special use or other official legislative action of the president and board of trustees. 6. Otherwise permitted sleeping rooms or separate living quarters without second kitchen units. 7. Those units that have free and unlimited physical access to the rest of the dwelling unit. If there is an issue as to whether the residence was built as a two (2) flat prior to May 2, 1944, or as to whether the village has officially sanctioned the two (2) flat, then the burden of proof, by clear and convincing evidence, shall be on the owner. C. Realtors And Brokers: It shall be unlawful for any real estate broker, or agent or any other person or entity, to advertise, state or otherwise hold out to the public or any potential buyer that a residence may be used in any manner contrary to this section. D. Probable Cause To Inspect: A sworn complaint from a Mount Prospect resident that an unpermitted second housekeeping unit is in existence within the village in Chapter 14, Article III General Provisions 21 SPECIAL MEETING - September 13, 2016 Page 309 of 449 Updated: September 2, 2016 conjunction with any other single indication of the existence of such a unit shall constitute probable cause to permit a village official to obtain an administrative warrant to enter the premises as to which the complaint was filed to determine the actual existence of such a unit. Other indications of such a unit shall include, but not be limited to, vehicles at the residence registered to different parties, separate trash pick up, separate utility meters, prior knowledge of a village official of such a unit or additional reports by other village residents. The foregoing shall not be the exclusive method of establishing probable cause to inspect. E. Irrebuttable Presumption: The following shall raise an irrebuttable presumption that there is not compliance with the requirement of "free and unlimited physical access" as defined in this chapter: The existence of a lock or locks (whether used or not) on the only door or on all doors between an otherwise unpermitted second housekeeping unit and the remainder of the home. 2. Door hinges installed or maintained (whether a door is used or not) in the only passageway or on all passageways between the otherwise unpermitted second housekeeping unit and the rest of the home. F. Application Of Definition Of Family: Nothing in this section shall be construed as permitting more than one family to occupy a dwelling unit. G. Penalty; Persons Subject To Penalty: Persons violating any portion of this section shall be subject to a minimum mandatory penalty as set forth in appendix A, division III of this code. Each day that the violation continues shall be considered a separate violation. (Ord. 5751, 8-4-2009) 14.313: REGULATIONS FOR PERSONAL WIRELESS SERVICE FACILITIES • ICS A. Purpose: The purpose of this section is to provide specific regulations for the placement, construction and modification of personal wireless telecommunication facilities. The provisions of this section are not intended and shall not be interpreted to prohibit or have the effect of prohibiting the provisions of personal wireless services, nor shall the provisions of this article be applied in such a manner as to unreasonably discriminate among the various companies that provide personal wireless services. To the extent that any provisions, or provisions of this section, are inconsistent or in conflict with any other provisions of this chapter, the provisions of this section shall control. Chapter 14, Article III General Provisions 22 SPECIAL MEETING - September 13, 2016 Page 310 of 449 Updated: September 2, 2016 B. Village Action: In reviewing any request, the village board shall act within a reasonable period of time after the request is filed with the village, taking into account the nature and scope of the request. Any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record. C. Petition For Amendment: Should the application of this section have the effect of prohibiting a person or entity from providing personal wireless service to all or a portion of the village, such provider may petition the village board for an amendment to this section. The village board, upon receipt of such a petition, shall promptly undertake review of the petition, taking into account the nature and scope of the petition. Any decision to deny such a petition shall be in writing and supported by substantial evidence contained in a written record. D. Application And Submittal Requirements: No personal wireless service facility shall be erected, installed or maintained in the village unless a permit has been applied for and approved by the community development director. 2. All applications for a personal wireless service facility shall include the following documentation or information: a. A written report from a qualified professional engineer that is licensed by the state setting forth the following: (1) The facility's height and design including both a cross section and topical elevation; (2) The height above grade for all potential positions and the minimum separation distances between antennas; (3) The number and type of antennas that the facility can accommodate; (4) A map drawn to scale showing the lot lines, land uses and tree coverage, including average tree height of all properties within three hundred feet (300') of the proposed site; (5) Documentation from the manufacturer that the structure upon which the facility is located is sufficient from a structural engineering standpoint to bear the anticipated load. In instances of freestanding structures, this shall include a certificate that the foundation of the structure is built, constructed and engineered to take into account the existing soil conditions; (6) Certification that in the event of a fall or collapse, that the facility is designed and manufactured to fall entirely within the boundary lines of the lot on which it Chapter 14, Article III General Provisions 23 SPECIAL MEETING - September 13, 2016 Page 311 of 449 Updated: September 2, 2016 is located and that it has been erected in accordance with manufacturer's specifications; (7) Certification shall also state that the design complies with all local, state and federal regulations including, but not limited to, stormwater regulations; and (8) Such other documentation as the village may require. b. The application shall include "before and after" photos. The "before" photo should be a color photo of what can currently be seen from any public road within three hundred feet (300') and the "after" should have the facility superimposed on copies of these photos. c. The applicant shall demonstrate that the proposed personal wireless service facility will not interfere with any existing village public safety communication systems or residential or commercial application including, but not limited to, television and radio broadcast signals. Cl. The community development director may require review by a third party of the technical data submitted by the applicant. The applicant is responsible for the cost of such review and the applicant shall make full payment to the village. The village shall place these funds in an escrow account and make payment to the third party upon the completion of the technical review. Selection of the third party expert is at the discretion of the community development director. E. Placement Of Personal Wireless Service Facility: A personal wireless service facility may be erected or installed only in accordance with this section. The personal wireless service facility shall conform to all minimum setback, yard and height requirements and to all applicable federal laws and regulations concerning its use and operation. An easement or a lease is required for any new facility on property not owned by the applicant. The following chart shall govern the placement and height of all personal wireless service facilities: Re ar 20' Chapter 14, Article III General Provisions 24 SPECIAL MEETING - September 13, 2016 Page 312 of 449 Antenna Standards Height Setbacks Adjacent To Residential Not Adjacent To Zoni Struct Use Residential Use ng ure Distr Mono Latti Guy Moun Fro Sid Re Fro Inter Exter ict pole ce ed ti nt a ar nt for for 1-1, 120' 120' 120' 10' NP 100 100 NP 15' 30' 1-3, % % O/R hei hei Re ar 20' Chapter 14, Article III General Provisions 24 SPECIAL MEETING - September 13, 2016 Page 312 of 449 Updated: September 2, 2016 ............................................................... ............................................... ............................................. ............................................................ ....................................... ght ght ....................................... ................................................. ..................................................... B-3, 70' NP NP 10' NP 100 100 NP 10' 30' B-4 % % hei hei ght ght B-5 NP NP NP 10' NP 100 100 NP 100 100 hei hei heig heigh ght ght ht t B -5C NP NP N.P 10' NP 100 100 NP 100 100 hei hei heig heigh ght ght ht t C-R 70' NP NP 10' NP 100 100 NP 100 100 hei hei heig heigh ght ght ht t B-1, 70' NP NP 10' NP 100 100 NP 10' 30' B-2 % % hei hei ght ght R -X, NP NP NP 10,2 R-1, R -A, R-2, R-3, R-4 Notes: 1.Height above the existing structure. 2.No more than 1 per residential unit permitted. NP = Not permitted. F. Collocation Of Personal Wireless Service Facilities: Chapter 14, Article III General Provisions K11 100 hei ght 100 hei ght 100 hei ght 20' 25 SPECIAL MEETING - September 13, 2016 Page 313 of 449 Updated: September 2, 2016 Placement: The village encourages collocation to minimize the proliferation of antenna supporting structures. Owners, lessees, or their representatives shall cooperate in good faith to achieve collocation when it is in the best interest of the village to do so. The village may require the execution of an agreement to permit collocation unless such collocation proves to be impractical. The village may grant access to municipal property and/or lower application fees to carriers locating two (2) or more users on a single tower. A proposal for a new personal wireless service facility shall not be approved unless the applicant provides written proof that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, structure, monopole that already exists within a one-fourth (1/4) mile radius of the proposed tower for one or more of the following reasons: a. The planned equipment would exceed the structural capacity of the existing or approved tower or structure, as certified by a qualified professional engineer that is licensed in the state, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate the additional facility at a reasonable cost; b. The planned equipment would cause interference materially affecting the usability of other existing or planned equipment at the tower or structures as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost; c. Existing or approved towers and structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as certified by a qualified and licensed professional engineer; Cl. Other unforeseen reasons that make it not feasible to locate the planned telecommunications equipment upon an existing or approved tower or structure as certified by an appropriate professional. 2. Structure Design: Any proposed guyed, lattice, or monopole tower shall be designed structurally, electrically and, in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. G. Design Criteria: Antennas mounted on water towers shall not extend more than ten feet (10') beyond the height of the water tower. All antennas, except those mounted on monopoles, shall be designed to be compatible with neighboring buildings and uses, and shall match or blend with the structure to which they are attached so the antenna is virtually invisible to the casual observer. Antennas installed on buildings shall not extend more than ten feet (10') beyond the height of the structure and shall be painted to match the color of the building to which they are affixed. As such, monopoles and any accompanying equipment shall be painted a uniform, neutral color. Towers may not display logos or company colors. Chapter 14, Article III General Provisions 26 SPECIAL MEETING - September 13, 2016 Page 314 of 449 Updated: September 2, 2016 H. Screening: A combination of landscaping, berming, fences or other screening materials shall be utilized to maintain or enhance the existing character of the property surrounding a personal wireless service facility. All structure bases shall be completely screened from view. I. Abandoned Or Unused Facilities: Abandoned or unused facilities, towers, or portions of towers shall be removed as follows: All shall be removed within six (6) months of cessation of use or of notifying the FCC of intent to cease operations at the site, whichever comes first, unless a time extension is approved by the community development director. A copy of the relevant portions of a signed lease which require the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. Any tower and associated facilities not removed within six (6) months of the cessation of operations at a site shall be deemed a nuisance and may be abated according to the nuisance provisions of this code. 2. Unused portions of towers above a manufactured connection shall be removed within two (2) months of the time of the abandonment of that portion unless the village has specifically designated that portion for future collocation. J. Utility Buildings And Structures: All utility structures and structures accessory to a personal wireless service facility tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation. The maximum height for an accessory utility structure is twelve feet (12') and shall be no larger than six hundred (600) square feet. K. Signs And Advertising: The use of any portion of a tower for signs other than warning or equipment information is prohibited. L. Temporary Facilities: Temporary personal wireless service facilities shall conform to all of the setback and yard requirements of the district in which they are located. A temporary personal wireless service facility shall not exceed the height of the facility previously approved for the property, or one hundred feet (100') in the case of a special event. Only one temporary personal wireless service facility will be allowed per site at any one time, unless the approved facility on the subject site allows for collocation, in which case the permissible number of temporary facilities on that site shall be the number approved for that facility. A temporary personal wireless service facility must be located behind the front plane of any principal structure that is on the lot. A temporary personal wireless service facility may be allowed only in accordance with subsection E of this section. A request for a temporary personal wireless service facility may be granted only by the village manager in such reasonable numbers and with such reasonable conditions as the manager may deem appropriate. Any request for additional time Chapter 14, Article III General Provisions 27 SPECIAL MEETING - September 13, 2016 Page 315 of 449 Updated: September 2, 2016 beyond that set forth in this subsection L, shall be subject to review by the planning and zoning commission and approval of the village board. 1. Special Events: Temporary personal wireless service facilities shall be permitted for each licensed carrier for special events (temporary sporting or entertainment events) of a period of one week. No more than three (3) such promotions shall be allowed per carrier in a calendar year. 2. Repairs And Equipment Upgrading: If a permanent personal wireless service facility is under repair or equipment is being upgraded, a temporary facility shall be permitted for each licensed provider for a period of up to ninety (90) days. The owner of the facility must certify in writing the necessity for the repair or equipment upgrade. M. Insurance: The provider must tender to the community development director on an annual basis, proof of public liability insurance covering the facility in an amount not less than as set forth in appendix A, division I of this code. N. Compliance: All personal wireless service facilities must maintain compliance with the approved plans and specifications. If the personal wireless service facility becomes noncompliant with approved plans and specifications due to, but not limited to: discoloration, cracking, missing components, rusting, settling, damage or general disrepair; then the owners of the personal wireless service facility and the owner of the structure or lot on which the personal wireless service facility is located will be jointly and severally responsible for remedying the specific nonconformities. These nonconformities must be remedied within forty five (45) days after written notice, detailing these nonconformities, sent by the village to the owner of the personal wireless service facility and the owner of the structure or lot. Failure to remedy all of the cited nonconformities, within the forty five (45) day time period, shall be punishable by a fine not exceeding the amount as set forth in appendix A, division III of this code, each day that the violation continues. O. Certificate Of Completion: All personal wireless service facilities shall obtain a certificate of completion from the building division prior to facility operation. Carrier(s) must meet all village codes and provide copies of the following documentation prior to receiving a certificate of completion: 1. Federal aviation administration permit and the FAA reply; 2. Copy of the FCC permit and intermodulation interference report; 3. Copy of the annual filing to the FCC stating the carrier's compliance with all FCC rules and regulations. Chapter 14, Article III General Provisions 28 SPECIAL MEETING - September 13, 2016 Page 316 of 449 Updated: September 2, 2016 (Ord. 4925, 4-21-1998; amd. Ord. 5189, 5-15-2001; Ord. 5219, 11-6-2001; Ord. 5751, 8-4-2009; Ord. 6029, 9-18-2012; Ord. 6122, 12-17-2013) 14.314: OUTDOOR LIGHTING REGULATIONS:Z I121 A. General Lighting Requirements. All outdoor lighting, except for streetlights, shall be subject to the following requirements: 1. Glare Onto Adjacent Properties. Electric lighting used to illuminate outdoor areas shall be directed in such a way as to prevent light trespass or direct glare onto adjacent properties and rights of way. 2. Fixture Design. Outdoor lighting fixtures shall comply with the following limitations, which the exception of single-family residential properties and Architectural Facade Lighting: a. Full cutoff luminaries with a total cutoff angle of not more than ninety degrees (900) shall be used. The director of community development may approve cutoff angles greater than ninety degrees (900) or the use of fixtures without full cutoff luminaries upon submission of information conclusively demonstrating that the proposed lighting will not cause glare on adjacent properties. b. All lighting mounted under a canopy, including, but not limited to, luminaries mounted on or recessed into the lower surface of a canopy, shall be full cutoff. c. Flat lenses are required for all lighting fixtures. Cl. Wall lights, where used, shall be full cutoff and fully shielded. e. Task focused lighting is permitted at gas stations, ATM drive-throughs, and similar uses as approved by the director of community development, and must include an internal louver so the light focuses directly on the task area and does not spill onto the pavement. f. Pole Height And Material. The total height of light fixtures located in parking lots, including the pole, pole support, fixture and related equipment, shall be limited to the district height limit or a maximum of thirty feet (30'), whichever is less. Light poles shall be constructed of metal, or other material acceptable to the village engineer. Wood poles are prohibited. 3. Hours Of Operation: All lighting shall be reduced to security levels during hours of nonoperation of the principal use on a property. Chapter 14, Article III General Provisions 29 SPECIAL MEETING - September 13, 2016 Page 317 of 449 Updated: September 2, 2016 4. Lighting Plan Required: The building permit submission for any nonresidential development or multi -family residential development shall include a lighting plan signed and sealed by a professional engineer and including, at a minimum, the following: a. All property lines, building locations, dimensions of paved areas, and location of all curbs; b. Fixture locations; c. Fixture details and height; Cl. Photometric data for all paved areas at a spacing of not greater than twenty feet (20') and not greater than six inches (6") above the pavement surface; e. Photometric data at all property lines at a spacing of not greater than fifty feet (50') and not greater than six inches (6") above grade; f. Scale of not less than one inch to fifty feet (1" = 50'); g. Details of the proposed light poles and foundations; h. Existing and proposed utilities on the subject property and in rights of way adjacent to the subject property; i. Other information, as required. B. Lighting Illumination Levels. 1. Light Intensity Levels At Lot Lines: All illumination level readings shall be taken at ground level no more than six inches (6") above grade and shall be subject to the following maximum foot-candles at the lot line. The requirements of this subsection shall not apply to properties within the B-5 and B -5C zoning districts that directly abut another property in the B-5 or B -5C district. Adjacent Property Use Chapter 14, Article III General Provisions 30 SPECIAL MEETING - September 13, 2016 Page 318 of 449 Updated: September 2, 2016 Arterial Right -of -Way 2.0 2. Maximum Average Illumination Levels By Use: The following table summarizes the maximum average illumination levels for a variety of uses: Lighting for uses other than those listed in the above table shall be reviewed by the community development director to ensure the proposed illumination levels are appropriate for the property and surrounding area. 3. Parking Lot Minimum and Maximum Average Illumination Levels. All parking lots with more than four (4) required spaces shall provide lighting. Artificial lighting used to illuminate any parking lot and drive aisles immediately accessing parking stalls shall comply with the regulations as set forth in this section. The following criteria for minimum illumination and maximum average illumination shall be met for all parking lots: Minimum Maximum Type Of Development Foot -Candles Average Foot -Candles) Multi -family residential 0.1 1.5 Commercial 0.2 5.0 . Industrial 0.2 5.0 Park, School and Institutional 0.2 25.0 Chapter 14, Article III General Provisions 31 SPECIAL MEETING - September 13, 2016 Page 319 of 449 Updated: September 2, 2016 C. Architectural Lighting: 1. Upward aimed building facade lighting shall not exceed nine hundred (900) lumens (60 watt incandescent or 13 watt compact fluorescent bulb). All upward aimed light shall be fully shielded, fully confined from projecting into the sky by eaves, roofs or overhangs, and mounted as flush to a wall as possible. 2. Building facade light exceeding nine hundred (900) lumens shall be fully shielded, aimed downward, and mounted as flush to a wall as possible. 3. Building facade lighting shall be fully contained within the vertical surface of the wall being illuminated. 4. Building facade lighting that is measurable at the ground level shall be included in the maximum allowable light levels. D. Exceptions: The standards of this section shall not apply to the following types of exterior lighting: Ornamental Lighting: Low voltage (12 volts or less), low wattage ornamental landscape lighting fixtures, outdoor dining lighting, and solar operated light fixtures have self-contained rechargeable batteries, where any single fixture does not exceed one hundred (100) lumens. 2. Seasonal Lighting Displays: Lighting displays, which are installed for less than seventy five (75) days over any continuous twelve (12) month period. 3. Lighting For Safety Or Security: Upon finding by the police department that outdoor lighting in specific areas of the community, that otherwise meets the requirements of this section, is not adequate and additional lighting is necessary to improve safety or security for the property or its occupants. (Ord. 5380, 11-4-2003; amd. Ord. 5546, 2-7-2006; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013) E. Nonconforming Lighting: Any lighting that does not conform to the regulations outlined above shall be made to conform by means of alteration. 14.315: CONVERSION OF SINGLE-FAMILY RESIDENTIAL ATTACHED GARAGES: Z EEI The conversion of a single-family residential attached garage into living space shall be permitted subject to the following conditions and all other applicable regulations within this code: Chapter 14, Article III General Provisions 32 SPECIAL MEETING - September 13, 2016 Page 320 of 449 Updated: September 2, 2016 A. A new garage space equal to or greater than the amount to be converted shall be provided. The new garage space shall provide sufficient space to park the same number of vehicles as exists in the garage space to be converted into living space. B. The garage door that provides access to the area that is to be converted into living space shall be removed and replaced with exterior materials similar in style and color to the home's exterior. C. The existing driveway which serves the garage area to be converted into living space shall be removed and a driveway serving the new garage shall be provided in conformance with section 14.2215 of this chapter. (Ord. 5426, 4-20-2004) 14.316: UNENCLOSED PORCHES IN THE REQUIRED FRONT YARD SETBACK:w"U �1:21 A. Action By Director Of Community Development: The director of community development shall hear and decide as final administrative authority, petitions for unenclosed porches in the required front yard setback. Petitions which require review by the planning and zoning commission for additional relief shall be decided by the planning and zoning commission. B. Petitions: With respect to petitions for unenclosed porches in the required front yard setback, the director of community development shall make findings of fact based on the petition and public input according to the following standards: 1. Whether a site line obstruction will be created. 2. Whether materials used in construction of the porch will be consistent with the remainder of the structure. 3. Whether the design blends with the existing structure and neighboring homes. 4. Whether the proposed porch is in character with the neighborhood. C. Filing Of Applications: An application for an unenclosed front porch in the required front yard setback shall be filed with the director of community development on forms obtained from the community development department. Such form shall include all information necessary for processing the request, including, but not limited to, legal description of subject property, survey, site plan, description of building materials, appropriate proof of ownership or other authority to file the application. The application shall be filed with the appropriate fee as set forth in appendix A, division II of this code. D. Hearings: Administrative hearings shall be held only for unenclosed porches in the required front yard setback and must be in compliance with the provisions of this section. Chapter 14, Article III General Provisions 33 SPECIAL MEETING - September 13, 2016 Page 321 of 449 Updated: September 2, 2016 Upon receipt of an application for unenclosed porches in the required front yard setback, the director of community development shall review the application for completeness and assign a case number to the request. 2. For all applications for an unenclosed porch in the required front yard setback, the department of community development shall notify all owners of record of property lying within one hundred feet (100'), of the subject property. The applicant shall attest in writing that the list of property owners is true and accurate. The director of community development shall cause a copy of the public notice to be mailed to all property owners on the list no more than thirty (30) days nor less than seven (7) days prior to the hearing. 3. An administrative notice shall contain the case number assigned to the application, the address of the property, a brief statement on the nature of the request, the name and address of the property owner, the petitioner and their legal representative, and the date, time and location of the administrative hearing. 4. For all applications for unenclosed porches in the required front yard setback, the director of community development shall also cause one or more signs to be posted on the subject property. 5. The number and location of signs shall be determined by the director of community development. 6. The sign must be a minimum of thirty inches by thirty inches (30" x 30") in size, having letters a minimum of two inches (2") high, and contain the following information: a. That an administrative hearing that affects the subject property will be held, with direction to interested members of the general public to call the community development department for further information concerning date, time and place and subject matter of said administrative hearing. b. Any interested person may appear and be heard at the hearing and such appearance may be made in person, by agent (if a corporation), or in writing. E. Standards: No front porch in the required front yard shall be approved by the director of community development unless it is found: That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; 2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor Chapter 14, Article III General Provisions 34 SPECIAL MEETING - September 13, 2016 Page 322 of 449 Updated: September 2, 2016 substantially diminish and impair property values within the neighborhood in which it is to be located; 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; 4. That the porch as designed is unenclosed and does not encroach more than five feet (5') into the required front yard; 5. That no site line obstruction will be created; 6. That building materials will be consistent with the remainder of the structure; 7. That the design blends with the existing structure and neighboring homes; and 8. That the proposed porch is in character with the neighborhood. F. Appeal Of Director Of Community Development Decision: Any individual may file an appeal of the decision of the director of community development regarding an administrative conditional use with the planning and zoning commission. Such appeal shall be filed with the director of community development within five (5) calendar days of the director's decision. G. Conditions And Guarantees: In all cases where an administrative conditional use is granted, and conditions regulating the use are established as described in subsection E of this section the director of community development shall require such evidence and guarantees as it may deem necessary as proof that the conditional use complies with all regulating conditions. H. Conditional Use Revocation: In any case where the construction of an approved front porch encroaching into the required front yard setback is not substantially underway, or building commenced within one year from the date of approval, and completed within eighteen (18) months, then, without further action by the village board, the conditional use or authorization shall be null and void. 2. This conditional use may be revoked by the director of community development if the porch constructed on the site does not conform to the established conditions for approval. Any decisions by the director of community development may be appealed to the planning and zoning commission as prescribed in subsection 14.202133 of this chapter. (Ord. 5639, 7-17-2007; amd. Ord. 6144, 5-20-2014) Chapter 14, Article III General Provisions 35 SPECIAL MEETING - September 13, 2016 Page 323 of 449 Updated: September 2, 2016 14.317: ENVIRONMENTALLY SENSITIVE DEVELOPMENT TECHNIQUES:I ILS The village of Mount Prospect is committed to encouraging the use of environmentally sensitive development techniques in order to improve the quality of life and environmental health of the community as a whole. Green building design is a technique which incorporates design principles and strategies that limit the energy demands of buildings and also create healthier living environments within them. Green building techniques may include, but are not limited to, green roofs, reflective white roofs, permeable paving, stormwater harvesting, use of landscaping to reduce thermal demand, and use of reusable energy sources. This section provides direction on common green building design practices. While not a comprehensive list of all potential green initiatives, the village encourages property owners to follow green design principles. A. Wind Energy Conversion Systems: The village of Mount Prospect has found wind energy conversion systems (WECS) to be a viable and useful method of localized energy generation. Conditional use permits to authorize WECS are allowed in all zoning districts. Due to the specialization and technical nature of WECS, the following criteria have been established as minimum standards for the recommendation and approval of such permits. 1. No more than one WECS shall be permitted per zoning lot. More than one WECS may be permitted for commercial and industrial properties, subject to the approval of the village board. 2. Rooftop mounted WECS: a. Shall be set back at least twenty feet (20') from front or exterior building lines, and at least ten feet (10') from side building lines. Setbacks shall be measured to the widest point of blade rotation or to the side of the WECS, whichever is greater. b. Shall be limited to a height of no more than fifteen feet (15') above the roof peak or top of a parapet wall, whichever is greater. Total height shall be measured from the highest point of blade rotation or the highest point of the WECS, whichever is greater. c. Shall comply with all noise regulations of the village of Mount Prospect. Cl. Shall be safely and securely attached to the rooftop in compliance with the village of Mount Prospect building code. 3. Tower mounted WECS: a. Shall not be permitted in single-family residential districts. Chapter 14, Article III General Provisions 36 SPECIAL MEETING - September 13, 2016 Page 324 of 449 Updated: September 2, 2016 b. The WECS tower or any associated structure shall comply with the minimum setback requirements of the zoning district in which the WECS is located or be set back a distance equal to 1.1 times the total height of the structure from any property line, whichever distance is greater. Total structure height shall be measured from the highest point of blade rotation to the ground. c. A WECS tower shall be set back a minimum of twenty feet (20') from any principal structure on the property. Cl. The maximum permissible height of a WECS tower shall not exceed eighty feet (80'). e. Rotor blades or airfoils must maintain at least twelve feet (12') of clearance between their lowest point of rotation and the ground. f. All climbing apparatus affixed to a WECS tower shall terminate twelve feet (12') short of ground level. g. All WECS facilities shall be enclosed within a building or surrounded by a six foot (6') high safety fence. h. All WECS towers shall be constructed with an approved concrete foundation. 4. All WECS structures, including roof mounted, towers, and accessory buildings, shall conform to the appropriate village related rules and regulations pertaining to their construction, design, operation and maintenance. 5. WECS shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot. 6. The applicant shall submit documentation that the proposed WECS will not create a nuisance to adjacent uses. In no event shall the noise level produced by a WECS continuously exceed sixty five (65) decibels as measured at the property line. 7. No WECS shall cause electromagnetic degradation in performance of other electromagnetic radiators, receptors, or generators of quality and proper design. The village reserves the right to revoke any conditional use permit for a WECS system whenever electromagnetic interference from the WECS is evident and cannot be corrected. 8. WECS shall not be artificially lighted, except to the extent required by the FAA or other applicable government authority. 9. All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components. Chapter 14, Article III General Provisions 37 SPECIAL MEETING - September 13, 2016 Page 325 of 449 Updated: September 2, 2016 B. Solar Energy Conversion Systems: The village of Mount Prospect has found solar energy conversion systems (SECS) to be a viable and useful method of localized energy generation. SECS shall be permitted in all zoning districts in accordance with the following minimum standards: 1. Rooftop mounted SECS: a. Shall not project higher than the maximum building height permitted for the zoning district. If mounted on an accessory structure, the SECS shall not project higher than the maximum height permitted for that structure. b. If mounted on a pitched roof, shall be mounted flush with the slope of the roof and shall not extend further than twelve inches (12") form the roof surface at any point. SECS shall not extend beyond the ridgeline of the roof at any point. c. Shall be safely and securely attached to the rooftop in compliance with the village of Mount Prospect building code. 2. Ground mounted SECS: a. Shall not be permitted in residential zoning districts. b. Shall satisfy the applicable setback requirements for an accessory structure on the zoning lot. c. Shall be limited to a maximum of one hundred (100) square feet in size. Cl. All ground based utilities associated with the SECS shall be appropriately screened in accordance with the requirements of section 14.304 of this article. e. A maximum of two (2) ground mounted SECS shall be permitted per acre per property. 3. Glare. Installation of the solar energy conversion systems shall be designed to avoid glare or reflection onto adjacent properties and adjacent roadways. Exterior surface shall have a non -reflective finish and shall be color -coordinated to harmonize with roof materials and other dominant colors of the structure. 4. All SECS structures, including roof mounted, towers, and accessory buildings, shall conform to the appropriate village related rules and regulations pertaining to their construction, design, operation and maintenance. (Ord. 5751, 8-4-2009) 14.318: FENCES AND WALLS General Provisions: It shall be unlawful to construct, erect or replace any fence without first obtaining a permit from the community development department. The permit may be granted only if the proposed fence is in compliance with the Chapter 14, Article III General Provisions 38 SPECIAL MEETING - September 13, 2016 Page 326 of 449 Updated: September 2, 2016 provisions of this code. For the purposes of this section, freestanding walls shall be considered fences. A. Height And Location: Separation: Where existing drainage patterns would not be adversely impacted a maximum of two inch (2") separation shall be maintained between the fence and the finished grade to provide for adequate drainage. Fences located across drainage swales shall be a maximum of six inches (6") above finished grade, unless the village engineer requires a larger separation. Fences shall not be permitted in floodway areas as designated on FEMA's flood boundary and floodway map. 2. Sight Triangle: No fence greater than three feet (3') in height shall be placed within a sight triangle so as to obstruct or limit the line of sight for a motorist, cyclist, or pedestrian. 3. Encroachment: All fences shall be entirely on private property. Fences may not encroach on adjoining lots or public rights of way. 4. Fenceable Area: Under no circumstances shall a fence enclose an area that is less than fifty percent (50%) of the maximum fenceable area of a residentially zoned property. This limitation shall not apply to fencing around swimming pools. 5. Five Foot Fences: Fences up to five feet (5') in height will be permitted as follows: a. Rear And Interior Side Yards: Fences may be installed in the rear and interior side yards, provided any fence is located behind the front line of the principal building structure. If a fence is not located along a property line, then sufficient access must be provided to the area between fence and property line to allow for proper maintenance. b. Exterior Side Yards: Open and solid style fences may be installed in an exterior side yard, provided that the fence is placed behind the front line of the principal building and set back one foot (1') from the property line along the exterior side yard. If the exterior side yard abuts the front yard of an adjacent lot, a one foot (1') setback for an open style fence or a ten foot (10') setback for a solid style fence shall be maintained from the property line along the exterior side yard. 6. Swimming Pool Fences: Fences and gates at least four feet (4'), but not greater than five feet (5'), in height to completely surround swimming pools other than swimming pools having a raised deck at least four feet (4') above grade may be placed as follows: Chapter 14, Article III General Provisions 39 SPECIAL MEETING - September 13, 2016 Page 327 of 449 Updated: September 2, 2016 a. Along the perimeter of the pool walk areas; or b. Along the perimeter of the lot as described in subsection A5 of this section. 7. Six Foot Fences: Fences and gates up to six feet (6') in height will be permitted as follows: a. When placed within the permitted buildable area of a residential property, an area fence no longer than eighteen feet (18') in length provided that it is located within the rear yard. b. When placed along the rear or exterior side lot line when such rear or exterior side lot line abuts an arterial road as defined by the comprehensive plan of the village and provided that a one foot (1') setback is maintained from the rear or exterior side lot line abutting the arterial road right of way. c. When placed between adjacent residential uses and nonresidential uses along side or rear lot lines. Cl. When placed between single-family residential and multi -family residential uses along side or rear lot lines. 8. Eight Foot Fences: Fences up to eight feet (8') in height will be permitted as follows: a. In industrial and commercial districts when used for the purpose of screening accessory building material, equipment or vehicle storage yard uses. b. In residential zoning districts, along rear or side property lines contiguous to railroad rights of way. c. Public swimming pools, along the perimeter of the pool area. 9. Method For Determining Fence Height: Fence height shall be measured vertically from finished grade to the top of the fence. Posts, including caps, used specifically for supporting a fence may exceed the applicable height limit by a maximum of eight inches (8"). The required separation for drainage purposes shall not be counted toward the fence height limitations. 10. Utility Easements: The construction of fences in utility easements is subject to the condition of the easement. 11. Recreational Facilities: Open mesh chainlink fences up to twenty feet (20') in height may be permitted surrounding recreational facilities such as tennis courts, athletic fields, or similar uses subject to the approval of the community development director. Chapter 14, Article III General Provisions 40 SPECIAL MEETING - September 13, 2016 Page 328 of 449 Updated: September 2, 2016 B. Construction: 1. Fences may be constructed of wood, chainlink, masonry, aluminum, wrought iron, composite, or similar materials and shall be constructed so that only a smooth finished side faces an abutting lot or road. 2. It shall be unlawful to maintain or construct any fence composed in whole or part of barbed wire or with any similar materials designed to cause injury to person, or any wire charged with electrical current, anywhere within the village except to protect industrial property, in which case, barbed wire must be at least six feet (6') above sidewalk and extend inward of property. 3. Fences used for the purpose of screening outdoor storage, mechanical or utility equipment in commercial and industrial districts shall be of solid style. Fences may be constructed of wood, masonry, or other material subject to approval by the director of community development. All other fences may be open style except where adjacent to residential property, in which case, the fence must be a solid style. 4. Grades at property lines shall not be altered due to fence construction unless a grading plan is submitted to and approved by the community development director. 5. Temporary construction, safety, and silt fencing may be permitted only as part of a construction project for which a current building permit exists. Temporary construction, safety, and silt fencing shall be removed upon completion of the construction project. SECTION 14.319: PERMITTED OBSTRUCTIONS A. Permitted Obstructions In Required Yards. Permitted obstructions in the CR district are regulated in Article VI I of this chapter. For all other zoning districts, structures shall be allowed to encroach into the required yards, as follows: Chapter 14, Article III General Provisions 41 SPECIAL MEETING - September 13, 2016 Page 329 of 449 Updated: September 2, 2016 Patios, Balconies, and Decks with a minimum setback of 15' from the rear lot line* and outside the required side yard P Boat slips, when adjacent to a navigable waterway P Handicap ramps in side yards, encroaching no more than 50% P Sport courts - with a minimum setback of 15' from the rear lot line and a minimum 5 feet from the side lot line, including associated equipment such as basketball standards. P Service walks, sidewalks, steps, and handicap ramps up to 8' in width. P P Service walks, sidewalks, steps, and handicap ramps up to 3' in width P P Driveways subject to the regulations noted in Article XXII P P P P Stationary basketball standards, when adjacent to an existing driveway P P P P Landscape terraces and retaining walls, subject to approval by the engineering division and issuance of a building permit P P P P Maximum of Four (4) Rain barrels per lot, up to 55 gallons in size each, subject to the requirements in C. of this subsection P P P Off-street Parking Pads subject to the regulations noted in Article XXII P P Decorative outdoor structures maximum footprint of four (4) square feet, maximum of two (2) structures per lot, with a maximum height of eight feet (8') P P P P Outdoor storage cabinets, subject to requirements in C. of this subsection P Trellises, not to exceed eight feet (8') in height and a total width of ten feet (10'), maximum of two (2) structures per lot P P Arbors, not to exceed a width of five feet (5), a depth of three feet (3'), and P P Chapter 14, Article III General Provisions 42 SPECIAL MEETING - September 13, 2016 Page 330 of 449 Updated: September 2, 2016 B. Exceptions. 1. Lot Coverage and Floor Area Ratio. Permitted obstructions shall comply with requirements for impervious surface and floor area ratio as defined in this chapter with exception of outdoor storage cabinets, decorative outdoor structures, rain barrels, arbors and trellises. 2. Building Permits. A building permit is not required for the following permitted obstructions: outdoor storage cabinets, basketball standards, decorative outdoor structures, rain barrels, arbors and trellises, as defined in this chapter. 3. Permitted obstructions as listed in section 14.1319 shall not contribute to the total number of accessory structures permitted per lot as regulated in section 14.306 of this chapter. C. Additional Requirements for Permitted Obstructions 1. Rain barrels located in exterior side yards shall be screened via landscaped hedge. Rain barrels shall be equipped with a screen to prevent insect nesting and provide an overflow system to direct excess rainwater away from the primary building structure. 2. Central air conditioning units, generators and similar mechanical equipment shall be located on the rear elevation of any principal structure. If the units cannot be reasonably placed on the rear elevation because of operational reasons, such units may be placed in up to twenty five percent (25%) of a required side yard, provided such location does not result in exhaust discharge upon any adjoining building or vegetation. Documentation verifying that the units cannot be located at the rear of the structure shall be submitted by the installer and approved by the director of community development. A screening plan which includes fencing or landscaping must be submitted with the permit and approved by the director of community development. 3. Outdoor storage cabinets. a. A maximum of one (1) outdoor storage cabinet is permitted per lot. Chapter 14, Article III General Provisions 43 SPECIAL MEETING - September 13, 2016 Page 331 of 449 Updated: September 2, 2016 b. Size. Outdoor storage cabinets shall not exceed one hundred (100) cubic feet in size, and shall not exceed a height of seven (7) feet. c. Location. Outdoor storage cabinets shall not be located in a required front, side, and exterior side yards. On lots fifty five feet (55') in width or less, outdoor storage cabinets shall be set back three feet (3') from any interior side or rear lot line. On lots greater in width than fifty five feet (55'), outdoor storage cabinets shall be set back five feet (5') from any interior side or rear lot line. SECTION 14.320: VISION CLEARANCE Vision Clearance. No building, structure, sign, planting or other obstruction which is over three feet (3') in height shall be located within a triangular area established at the intersection of 2 streets, or street and driveway/drive aisle, public walk, bike path or public walking path. Such triangle shall have legs of ten feet (10') along rights of ways when two streets intersect or within 10' of the driveway/drive aisle, public walk, bike path or public walking path. In unique situations, the director shall determine the distance that is reasonable safe. Chapter 14, Article III General Provisions 44 SPECIAL MEETING - September 13, 2016 Page 332 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Article VI ZONING DISTRICTS'Z" 1:EJ 14.601: DISTRICTS: 14.602: ZONING MAP: 14.603: ZONING OF ANNEXED LAND: 14.604: LAND USE TABLES: 14.601: DISTRICTS: Q l U For purposes of this chapter, the village is hereby divided into the following zoning districts: A. Residential districts - C -R Conservation recreation R -X Single-family residence R-1 Single-family residence R -A Single-family residence R-2 Attached single-family residence R-3 Low-density residence R-4 Multi -family residence B. Office and business and industrial districts - B -1 Business office B-2 Neighborhood shopping B-3 Community shopping B-4 Corridor commercial B-5 Central commercial B -5C Core central commercial O/R Office research 1-1 Limited industrial 1-3 Solid waste handling (Ord. 4590, 9-21-1993; amd. Ord. 5589, 9-19-2006; Ord. 5751, 8-4-2009; Ord. 6029, 9-18-2012) 14.602: ZONING MAP:'Q!."°' A. The location and boundaries of districts established by this chapter, are shown on the zoning map of the village, incorporated herein as part of this chapter and as amended from time to time by the corporate authorities of the village. SPECIAL MEETING - September 13, 2016 Page 333 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 B. The following rules shall apply with respect to the boundaries of the various districts as shown on the zoning map: District boundaries shall either be the centerlines of highways, streets, alleys or easements. District boundaries shall also be the section, division of section, tract or lot lines of a parcel. Boundaries indicated as approximate shall be considered to meet the above provisions. 2. The zoning ordinance and map shall be available at the village hall. (Ord. 4590, 9-21- 1993; amd. per correspondence dated 6-16-1994) 14.603: ZONING OF ANNEXED LAND '��� I"` "''' On land annexed to the village, after adoption of this chapter, no building or structure shall be erected, enlarged or moved, and no change in the use of land or existing buildings shall be made until an ordinance designating the zoning classification of such land is adopted by the village board. Unless subject to the terms of a preannexation agreement, all properties annexed to the village shall automatically be classified an R -X single-family residence district, until such time an application is filed to amend the zoning classification of such land. (Ord. 4590, 9-21-1993) 14.604: LAND USE TABLES:�u''' The following tables provide direction on land uses which may hereafter be established in the associated zoning districts as either permitted or conditional uses. Land use table 1 of this section regulates land uses located within the C-R, R -X, R-1, R -A, R-2, R-3, and R-4 zoning districts and land use table 2 of this section regulates land uses which are located within the B-1, B-2, B-3, B-4, B-5, B -5C, O/R, 1-1, and 1-3 zoning districts. For the following two (2) tables, permitted uses shall be identified by a "P" and conditional uses shall be identified by a "C". If a space is left blank the use is not permitted in the respective zoning district. LAND USE TABLE 1 RESIDENTIAL AND RECREATIONAL ZONING DISTRICTS C- R- R- R- R- R- R - SPECIAL MEETING - September 13, 2016 Page 334 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Assisted living facility when approved as part of a C C PUD Attached single-family Ing y homes P Churches, synagogues, mosques, or other P1 P1 P1 P1 P1 houses of worship Circular/dual frontage driveways i rcu I a r/d ua C C C C Colleges and universities C C C C Community centers C Conservatories C Convalescent homes/nursing homes C Cultural institutions C C C C Daycare center C C C C C Daycare home P P P P P P Detention or retention facilities C Dormitory accommodations C C C C C Elementary schools P1 P1 P1 P1 P1 Family community residence (located at least P P P P P P 1,000 feet from another family community residence) Family community residence (located within 1,000 C C C C C C feet of another family community residence) Foster care homes P P P P P P Garages for parking of commercial vehicles C C Golf courses P Group community residence C C C CC C High schools P1 P1 P1 P1 P1 Home occupations P P P P P P Libraries C C C C C SPECIAL MEETING - September 13, 2016 Page 335 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Lighted ball fields C More than 1 garage C C C C Multi -family dwellings P P Municipal buildings P1 P1 P1 P1 P1 ......Museums ... C .._C C C. C.... C Nature preservation areas P Parks and playgrounds P Planned unit developments C Personal Wireless Service Facilities, Structure P P P P P P P Mounted Private or parochial schools 1 1 P1 P1 P1 Public recreational facilities P Recreational complexes C Rehabilitation homes C C C C C C Residential planned unit developments C C C C C Senior housing when approved as part of a PUD C C Single-family detached dwellings P P P P P Studios C Tennis courts, swimming pools, volleyball courts, P and similar recreational facilities Two-family dwellings P P Unenclosed front porches attached to a single- C C C CC �.... C family residence Unlighted ball fields l P Notes: 1.Permitted in limited circumstances. A conditional use shall be required if the following circumstances apply: a.A residential dwelling unit is being converted to the proposed use so as to be the SPECIAL MEETING - September 13, 2016 Page 336 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 principal use of the structure; or b.A new building or structure is to be constructed on property less than 40,000 square feet not currently in use for the proposed use. LAND USE TABLE 2 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS SPECIAL MEETING - September 13, 2016 Page 337 of 449 B- B- B- B- B- B- I- 11 - Land Use 1 2 3 4 5 5C O/R 1 3 Accessory structures P P P P P P P P P Accessory uses (10 percent retail of P permitted uses) Amusement establishment C C Amusement establishment indoor only C P C C Animal daycare center and kennels C C C C Animal hospital and veterinary clinics C C C C Antique shops P P P P Archery ranges, shooting galleries C C Art and school supply stores P P P P Art and woodcraft studios P P P P Art, sculptor, and composer studios P P P P Art shops or galleries (not auction P P P P rooms) Automobile accessory stores P P P P Automobile fueling stations C P C C C Automobile garages P C C C Automobile leasing/rental agencies P P P Automobile maintenance and service C P C C C center Automobile sales, new or used (with 2 C acres or less) SPECIAL MEETING - September 13, 2016 Page 337 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Automobile sales, new or used (with C P C C over 2 acres) Bakeries P P P P P P Banks and financial institutions C P P P P P Banquet halls P P Barber and beauty shops P P P P P Bicycle sales, rental and repair P P P P Billiard and pool halls C C C C Boat showroom, sales and repair C Bowling alleys P P P P Business machine sales P P P P Camera and photo supply stores, film P P P P developing Candy and ice cream stores P P P P P Car wash C P C C C Carpet and rug stores, retail sales P P P P Cartage and express facilities C Catering services C C C Children's recreation centers P P P P China and glassware stores P P P P Clothing and apparel retail stores P P P P P Clothing and costume rental stores P P P P Clubs and lodges C P P P P Coin and philatelic stores P P P P P Colleges and universities C C C C Commercial greenhouses and nurseries P Compost collection facility C C SPECIAL MEETING - September 13, 2016 Page 338 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Computer offices and facilities P P P P P P P Computer sales, service and P P P P accessories Concrete fabrication C.. Contractors', architects' and engineers' P P P P P P offices Contractors', architects' and engineers' C storage yards Contractors' showrooms P P P P Convenience stores P P P P P Convention and exhibition halls C C Cosmetology schools P P P P C Dairy products, retail sales P P P P Dance and music academies/studios P P P P P P Daycare centers C C C C C C C Department stores P P P P Drive-through and drive-in establishment C C C C Driving schools C P P P P Drugstore/pharmacy P P P P P Dry cleaning and laundry establishment P P P P P Dry cleaning plants P Dwelling units, located above the first C P P floor Dwelling units on ground floor C C Exterminating services P Floor covering store P P P P Florist P P P P P Food store, grocery store, meat market I P L P L P SPECIAL MEETING - September 13, 2016 Page 339 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 and delicatessen Funeral homes C C C Furniture store P P P P Furrier shops P P P P .._Gift shop P P ....P P P Hardware store P P P P P Health services, clubs, recreation P P P P centers, or gymnasiums Hearing aid stores P P P P Heliports C C Home improvement center (no outdoor P P P P storage) Home improvement center with outdoor C C storage Hospitals C Hotels and motels C C P P P Household electrical appliance stores P P P P Interior decorating shops P P P P Jewelry stores P P P P Lamp and lighting fixture stores P P P P Laundries P Laundromat, automatic, self-service only P P P P P Lawn and garden equipment and supply P P P P Leather goods and luggage stores P P P P Libraries P P P P P Light assembly and repair P P Liquor stores, packaged goods P P P P SPECIAL MEETING - September 13, 2016 Page 340 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Locksmith shop P P P P Machinery sales C Mail order, catalog stores P P P P Mail order houses P Manufacturing, heavy C. Manufacturing, light P Martial arts school P P P P Massage establishments C C C C Medical or dental offices .... P P P P P P.. Miniwarehouse P P Motorcycle, snowmobile, or personal C watercraft sales Municipal buildings P P P P C P Museums P P P P P Music stores P P P P Musical instrument sales and repair P P P P Office machine sales and servicing P P P P Office supply stores P P P P Offices, business and professional P P P P P P P P Optical, orthopedic and medical P P P P appliance sales Outside display and sales C C Outside service areas C C Paint and wallpaper stores P P P P Parking lots, other than accessory C C P C C P parking Party supply stores P P P P SPECIAL MEETING - September 13, 2016 Page 341 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Personal Wireless Service Facilities P P P P P P P P P Pet shops and grooming establishments P P P P Petroleum tank farm and related C accessory uses Photo developing and image transfer P P P P Photography studios P P P P Picture framing P P P P Planned unit developments C C C C C C C C C Plastics processing C Post office P P P P Printing and duplicating P P P P Printing and publishing establishments P Public utility and service uses C C C C P Public works and park district storage P yards and related facilities Radio and television stations, studios C P C C P and towers Recycling collection centers C P Religious institutions C Repair, rental and servicing of any article P P P P of which is permitted use in the district Research laboratories and testing P P facilities Restaurants P P P P P C C Restaurants, including entertainment P P P P C and dancing Secondhand stores and rummage shops P P P P Shoe stores iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillilliillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillI P P P P SPECIAL MEETING - September 13, 2016 Page 342 of 449 Article VI — Zoning Districts (USE TABLE) UPDATED 9-2-16 Sporting goods stores P P P P Sports training and teaching C C C establishments Stadiums, auditoriums and arenas C C Tailor shops P P P P P Tanning salon P P P P P Taverns and cocktail lounges P P P P Taxi dispatch centers C C P Theaters P P P P Theaters, drive-in C Ticket agencies P P P P Tobacco shops P P P P Towing agencies P Toy shops P P P P Trade or vocational schools (excluding P C cosmetology) Trailer and camper sales and rental C Transfer stations for refuse disposal C Travel agencies P P P P P Truck sales, rental and repair C Tutoring center P P P P Unique Use C C C C C C C C Warehouse, distribution and storage P P facilities Watchman's quarters P P P P P Wholesale establishment P P IN L SPECIAL MEETING - September 13, 2016 Page 343 of 449 Amendments to Height: Based on Calculation from Finished Grade to Peak of a Roof (instead of mid -point) 14.805: BULK REGULATIONS: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R -X district: 1. Residential Buildings: The maximum height of a residential building shall not exceed forty feet (40'). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed forty feet (40') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. 14.905 BULK REGULATIONS: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-1 district: 1. Residential Buildings: The maximum height of a residential building shall not exceed thirty five feet (35'). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed forty feet (40') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. SPECIAL MEETING - September 13, 2016 Page 344 of 449 Amendments to Height: Based on Calculation from Finished Grade to Peak of a Roof (instead of mid -point) 14.1005: BULK REGULATIONS: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R -A district: 1. Residential Buildings: The maximum height of a residential building shall not exceed thirty five feet (35'). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed forty feet (40') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. 14.1105: BULK REGULATIONS: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-2 district: 1. Residential Buildings: The maximum height of a residential building shall not exceed thirty five feet (35'). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed forty feet (40') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. SPECIAL MEETING - September 13, 2016 Page 345 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 Article XXII OFF STREET PARKING AND LOADING i U 14.2201: SCOPE OF REGULATIONS: 14.2202: GENERAL PROVISIONS: 14.2203: PERMITTED PARKING IN RESIDENTIAL DISTRICTS: 14.2204: RESIDENTIAL DRIVEWAYS: 14.2205: ACCESSIBLE PARKING REQUIREMENTS: 14.2206: PARKING LOT DESIGN: 14.2207: OFF STREET PARKING REQUIREMENTS: 14.2207.1: CENTRAL AREA PARKING REGULATIONS: 14.2208: OFF STREET LOADING: 14.2201: SCOPE OF REGULATIONS:Z 111 A. The off street parking and loading provisions of this article shall apply as follows: For all buildings and structures erected and all uses of land, accessory parking and loading facilities shall be provided as required below. However, where a building permit has been issued prior to the effective date hereof, and provided that construction is begun within six (6) months of such effective date and diligently executed to completion (completion to be accomplished within 18 months of the effective date hereof), parking and loading facilities in the amounts required for the issuance of said building permit may be provided in lieu of any different amounts required by this chapter. When the intensity of use of any building, structure or premises is increased through additional dwelling units, gross floor area, seating capacity, or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. (Ord. 4590, 9-21-1993) 14.2202: GENERAL PROVISIONS -'Z 1 A. Change of Use. Whenever the existing use of a building or structure which has been provided with the required number of off street parking and loading spaces of this chapter shall be changed to a new use, parking or loading facilities shall be required for the new use. If the building or structure was erected prior to the effective date of these parking standards, additional parking or loading facilities are required. Such additional parking shall be calculated using the regulations of this chapter to determine the amount of parking the new use would exceed the parking requirements of the previous use. (Ord. 4590, 9-21-1993) B. Existing Parking and Loading Facilities. Off street parking or loading facilities which were in existence on the effective date hereof or were provided voluntarily after such SPECIAL MEETING - September 13, 2016 Page 346 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 effective date shall not hereafter be reduced below the requirements of this chapter for a similar new building or use. (Ord. 4590, 9-21-1993) C. Permissive Parking and Loading Facilities. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, improvement and operation of such facilities are adhered to. (Ord. 4590, 9-21-1993) D. Damage or Destruction. For any conforming or legally nonconforming building or use which is in existence on the effective date hereof which subsequently thereto is damaged or partially destroyed to the extent of less than fifty percent (50%) of its replacement value by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired, off street parking or loading facilities need not be provided, except that parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in the event the principal building or structure is damaged or destroyed by any means of fifty percent (50%) or more of its replacement value, it shall be necessary to provide parking or loading facilities as required by this chapter for equivalent new uses or construction; provided, however, that if the principal building or structure contains more than one use, parking and loading facilities, as required by this chapter, need be provided only for those uses which have been damaged or destroyed to the extent of fifty percent (50%) or more of their replacement value. (Ord. 4590, 9-21-1993) E. Off Site Remote Parking Facilities. In cases where parking facilities are permitted on land other than the zoning lot in which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which parking facilities are accessory. Such possession may either be by deed or long term lease, the term of such lease is subject to the approval of the planning and zoning commission and filed with the director of community development. The deed for the off site parking shall require such owner or heirs to maintain the required number of parking spaces for the duration of the use served or the term of the lease, whichever shall terminate sooner. The village board shall have final authority for these lease or deed approvals. Also, leases for off site parking should be limited to no more than one thousand feet (1,000') of the use served in the central business district, and no more than five hundred feet (500') from the use served outside the central business district. (Ord. 4590, 9-21-1993; amd. Ord. 5219, 11-6-2001) F. Off street parking area design. It shall be the responsibility of the community development director to review plans for all off street parking facilities to ensure compliance with the parking section of these regulations and his approval must be obtained before building permit issuance. The arrangement, character, extent, width, grade and location of all parking areas shall be considered in relation to existing and planned streets, to reasonable circulation to traffic within and adjacent to parking areas, to separation of parking, loading, and drive -up stacking, to topographical conditions, to runoff of stormwater, public convenience and safety, and in their appropriate relations to SPECIAL MEETING - September 13, 2016 Page 347 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 the proposed uses of the area to be served. All traffic intersections and confluences must encourage safe and efficient traffic flow. Any such submission must comply with the requirements of this chapter and the site construction specifications contained in chapter 16 of this code. Off street parking facilities and drive aisles shall be designed so as to discourage use of same as shortcuts and/or bypasses when located between major arterial roadways. Wherever feasible, shared interconnects and shared drive aisles with adjoining properties shall be provided. (Ord. 5751, 8-4-2009) G. Repair and Service. No motor vehicle repair work of a commercial nature shall be permitted in conjunction with off street parking facilities provided. (Ord. 4590, 9-21- 1993) H. Maintenance. Upon completion, all off street parking facilities shall be properly maintained at all times, without potholes, broken curbing or other irregularities. (Ord. 4590, 9-21-1993) I. Land Banking. Any development that has a requirement for one hundred fifty (150) parking spaces or more may request up to a thirty percent (30%) reduction in the required parking spaces. Such request shall be approved by the director of community development and shall be accompanied by such documentation and evidence justifying the reduction. Such requests shall also provide for additional land area which may be converted to parking and shall be accompanied by a covenant running with the land to restrict the use of the land for future parking. Such covenant shall specify the authority of the village to require additional parking be installed if and when deemed necessary and to enforce said order upon the ownership. (Ord. 4590, 9-21-1993) J. Collective Provisions. Off street parking facilities for separate uses on the same lot may be provided collectively if the total number of spaces provided collectively is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces in relation to the use served are adhered to. (Ord. 4590, 9-21-1993) K. Construction Specifications. The construction of off street parking facilities shall conform to all site construction specifications contained in chapter 16 of this code. (Ord. 5253, 5-21-2002) 14.2203: PERMITTED PARKING IN RESIDENTIAL DISTRICTS:`:. ii IU A. Commercial Vehicles. The location and condition of commercial vehicles in residential districts shall be permitted as prescribed hereinafter. The following shall not apply to commercial vehicles conducting business at a location within a residential district. SPECIAL MEETING - September 13, 2016 Page 348 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 1. Permitted Number Of Commercial Vehicles: No more than one commercial vehicle, as permitted herein, shall be parked on a single-family detached residential zoning lot. No more than one commercial vehicle per residential unit shall be permitted in a multiple -family residential development. 2. Location Of Commercial Vehicle Parking: Commercial vehicles shall be parked in a fully enclosed garage, or in the rear or side yard only, except that a vehicle may be permitted in the front yard if the property is developed in a manner that would physically prohibit parking in the rear or side yard. If front yard storage is required, the vehicle shall be parked as near the front of the garage as is physically possible. In all cases, commercial vehicles shall be parked on an approved hard surface. 3. Size Of Commercial Vehicles: No commercial vehicles that exceed any of the following size criteria may be parked in a residential district: a. Seven feet (7') in height when measured from the ground to the top of the roof; b. Seven feet (7') in width when measured from the widest point of the vehicle (mirrors are not included within the 7 foot width limitation); and c. Nineteen feet six inches (19'6") in length when measured from the front bumper to back bumper, excluding snowplow blades as permitted herein. 4. Exterior Storage On Commercial Vehicles: Storage on the exterior of commercial vehicles which are parked within a residential district shall comply with the following restrictions: a. Rear: Trailers or other attachments shall be prohibited on the rear of a commercial vehicle when parked in a residential district. b. Front: Snowplows shall be permitted on the front of commercial vehicles during the winter season. c. Sides: No storage of any equipment, storage racks or materials shall be permitted on the sides of commercial vehicles. Extension of trailer side walls and pickup truck side walls shall be prohibited. d. Top: Storage racks not exceeding eighteen inches (18") in height, inclusive of ladders and other equipment, shall be permitted on commercial vehicles so long as the overall height of the commercial vehicle does not exceed eight feet (8') when measured from the ground to the top of the storage rack, inclusive of equipment stored on said racks. e. Pickup Truck Bed: Equipment (other than a permanently attached tool box) visible above the top of the trailer and pickup truck bed shall be prohibited. Storage of SPECIAL MEETING - September 13, 2016 Page 349 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 landscaping material or other loose debris in the trailer or bed of a truck shall be prohibited. 5. Commercial Vehicle Signage: Signage located on the exterior of commercial vehicles shall be limited to the front door panels only of a commercial vehicle. Commercial vehicles parked within a garage will not be regulated with regards to signage. 6. Prohibited Commercial Vehicle Storage: Parking of a commercial vehicle containing a refrigeration unit or other motorized compressor or a commercial vehicle with more than four (4) wheels shall be prohibited within a residential district unless the vehicle is parked within a garage in such a manner that the refrigeration unit is not audible outside the garage. The foregoing is intended to be applicable to those vehicles which use a refrigeration unit or compressor to further the commercial purpose of the vehicle and does not apply to air conditioner units used for the comfort of the driver and passengers. 7. Commercial Trailer Storage Limitations: All commercial trailers parked or stored on a lot in a residential district shall, at all times, be parked in a fully enclosed garage. 8. Application Of Home Occupation Standards: The standards for home occupation as set forth in section 14.307 of this chapter shall be applicable to the parking of commercial vehicles in a residential district, provided that if there is a conflict between section 14.307 of this chapter and this section, then this section shall apply. (Ord. 4590, 9-21-1993; amd. Ord. 4825, 10-1-1996; Ord. 5426, 4-20-2004) 9. Commercial vehicles of all types are permitted to be parked on-site for work purposes provided that no such vehicle shall be parked for more than ten (10) consecutive hours and under no circumstances shall be parked overnight. B. Other Vehicles. Recreational vehicles and equipment as defined herein, automobiles, motorcycles, trucks, vans, and vehicle trailers may be permitted to park only upon an approved driveway or parking pad constructed to the required standards of the site construction specifications contained in chapter 16 of this code. (Ord. 5447, 7-19-2004) 14.2204: RESIDENTIAL DRIVEWAYS Z ICS A. Driveways. All single-family and attached single-family driveways shall conform to the following requirements: A minimum of two (2) parking spaces shall meet the required setbacks of the specific zoning district. Driveways shall lead to an off street parking space(s) or parking pad and shall cross the required front or exterior side yard in a manner essentially perpendicular to the street pavement. Circular or dual frontage driveways, or driveways serving side load garages are exempt from this requirement. SPECIAL MEETING - September 13, 2016 Page 350 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 2. Minimum driveway width shall be eight feet (8'). 3. Parallel paving strips shall be permitted as alternatives to paved driveway surfaces. Driveway width measurements shall be made from the pavement's outside edge and shall include the width between strips of pavement. 4. Driveway width shall be calculated by including all abutting parallel sidewalks and patios for driveways located within a required front or required exterior side yard. 5. All driveways shall be unobstructed from any encroachment such as chimneys, fireplaces, and bay windows. 6. Driveways serving attached garages shall not exceed twenty-six feet (26') in width unless otherwise regulated elsewhere in this chapter. a. Driveways In Front of Houses. No driveway shall encroach more than three feet (3') beyond the garage toward the front plane of the house, with exception of circular or dual frontage driveways and driveways serving side -load garages as permitted per code. b. Driveways serving three car attached garages may be the same width as the garage, not to exceed a maximum width of thirty-three feet (33'), and shall be tapered to a width no greater than no greater than twenty-six feet (26') within eighteen feet (18') of the garage's front elevation. 7. Driveways serving detached garages shall not exceed twenty-six feet (26') in width, unless otherwise regulated elsewhere in this chapter. a. Driveways In Front of Houses. No driveway shall encroach more than three feet (3') beyond the garage toward the front plane of the principal structure (house). b. Driveways serving detached garages may be the same width as the garage and shall be tapered to a width no greater than twenty-six feet (26') within eighteen feet (18') of the garage's front elevation. Maximum measurement shall be taken from garage's edge farthest from the side lot line, running parallel to the garage facade. 8. Vehicle Turnaround Pads. Driveways fronting onto a major arterial street, as defined in the village's comprehensive plan, may provide a vehicle turnaround pad no larger than twelve feet (12') in depth as measured parallel to the front lot line, and ten feet (10') in width as measured perpendicular to the front lot line. The vehicle turnaround pad shall be located entirely on the property, perpendicular to the driveway, and at least fifteen feet (15') from the principal structure. The turnaround pad may be in addition to the overall permitted driveway width. 9. Driveways serving side -load garages. Driveways serving side -load garages shall not exceed twenty-six feet (26') in width. Measurements for driveway width shall be SPECIAL MEETING - September 13, 2016 Page 351 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 taken parallel to the front lot line, no closer to the right of way than two feet (2') from the required front yard setback line. 10. Circular and dual -frontage driveways. Circular or dual frontage driveways for lots with a lot width of seventy-five feet (75) or greater shall meet these minimum requirements: a. Minimum Turning Radius: The circular drive portion of the driveway shall have a minimum turning radius of fifteen feet (15'); b. Width: The circular drive portion of the driveway shall have a minimum width of twelve feet (12') and a maximum allowable driveway width of twenty-six feet (26'), as measured both at the lot line and at the entrance to the garage. B. Parking Pads. 1. Parking pads are subject to the following requirements. a. Parking pads shall be accessible via a driveway and may encroach into required yards. b. Parking pads shall be a minimum of eight feet (8') in width and shall not exceed 200 square feet in area. All adjacent flatwork (sidewalks, patios) shall be calculated into the parking pad's total area. c. Parking pads shall be included in any maximum driveway width calculation, measured at the point where the parking pad meets the driveway. C. Driveways serving multi -family residential lots shall be considered drive aisles and shall meet the parking lot design standards of the code. 14.2205: ACCESSIBLE PARKING REQUIREMENTS: l i 1:21 Accessible parking spaces shall be provided in compliance with the Illinois accessibility code, as amended from time to time, and all additional governing codes and applicable laws: A. Size: Each accessible parking stall shall measure sixteen feet (16') wide, consisting of an eight foot (8') wide parking space and an adjacent eight foot (8') wide diagonally striped access aisle. Adjacent accessible parking spaces cannot share access aisles. The standard length of accessible parking stalls shall be the same as all other parking stalls. B. Number: All parking lots required by this chapter shall provide the following number of accessible parking stalls: SPECIAL MEETING - September 13, 2016 Page 352 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 W_r11111110 Total Number Of Parking Spaces Provided 1 -25 -150 26-50 -200 51 -75 76-100 101 -150 151 -200 201 -300 301 -400 401 -500 501 -1,000 1,001 and over C. Access: The required access aisle must have a smooth transition with adjacent walk surfaces, either by joining at a common level or by use of a curb ramp, and be located on the shortest accessible route of travel to an accessible facility entrance. D. Markings: A high quality yellow paint recommended by the paint manufacturer for pavement shall be used. E. Signage: Each accessible parking space shall be equipped with a sign which complies with the Illinois accessibility code. (Ord. 6112, 12-17-2013) (Ord. 5253, 5-21-2002; amd. Ord. 5447, 7-19-2004; Ord. 5547, 2-7-2006; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013) 14.2206: PARKING LOT DESIGN - I1:21 A. Parking Stall and Drive Aisle Dimensions. All parking stalls and drive aisles shall SPECIAL MEETING - September 13, 2016 Page 353 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 have the minimum dimensions, as set forth in figure 1 of this section, provided that the vehicle overhang of not greater than two feet (2') may be included in stall depth calculations where such overhang does not extend beyond the property line, encroach on the minimum width of the sidewalk, or encroach upon a required setback. Angle Stall Width Measured Parallel to Drive Aisle Stall Length Measured Perpendicular to Drive Aisle Aisle Width Total Bay Size — Two parking rows and drive aisle 45 12.7 17.5 13 43.6* 60 10.4 19 17 52* 90 19 1 18 1 24(two-way) 60 *Total Bay Size reflective of interior parking rows of same angle with one-way drive aisle Dimension for parking with angles other than what is indicated in the chart above shall be figured proportionately and approved by the community development director. B. Drive Aisle Dimensions. The drive aisle width shall be adequate to maneuver all vehicle types in and out of the site. Drive aisle widths shall be twenty four feet (24') in width (12 feet per lane). Drive aisles which exceed twenty four feet (24') in width shall be approved by the director of community development and be striped to provide for safe vehicular movement. C. Parking Stall Size Reductions. An industrial, commuter, long term business office or multi -family residential use may request a reduction to eight and one-half feet (81/2') in stall width. Such request shall be approved by the director of community development and must be accompanied by such documentation and evidence which shall justify the parking lot safety. D. Parallel Parking Stalls. Off-street parallel parking spaces shall conform to the following requirements: 1. Stall width measured perpendicular to the drive aisle shall be a minimum of ten feet (10'). 2. Stall length measured parallel to the drive aisle shall be a minimum of twenty-four feet (24'). 3. Minimum drive aisle requirements: twelve feet (12') for one-way access and twenty- four feet (24') for two-way access. E. Parking Lot Specifications 1. Setbacks. SPECIAL MEETING - September 13, 2016 Page 354 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 a. Nonresidential Districts: Parking lots shall be permitted within ten feet (10') of the property line unless adjacent to single-family residential districts. Parking lots located in required yards, which are adjacent to single-family residential districts, shall be prohibited. b. Residential districts. Parking lots located in residential districts shall meet the required setbacks of the specific district. 2. Curb and Gutter: Combination concrete curb and gutter or concrete barrier curb is required around the perimeter of all parking lots and around all islands, provided that with approval of the director of community development this requirement may be deferred for the area adjacent to any future expansion as part of a staged development. Where alternatives to concrete curb and gutter are demonstrated to be more appropriate and recommended by the village engineer, said alternatives may be approved by the director of community development. (Ord. 4590, 9-21-1993) 3. Radii. Ingress/egress drive aisles shall have a thirty foot (30') radii on returns. Concrete islands abutting ninety degree parking stalls shall have a five foot (5) radii on returns. 4. Striping. Striping of the pavement surface to define each parking space is required and shall be a minimum of four inches (4") in width from the length of each space. Striping for each parking space shall be painted in yellow or white. Thermoplastic pavement markings are an acceptable alternative. All areas designated as fire lanes shall be marked by posting of signs and/or yellow markings, provided that signs shall be used wherever feasible. (Ord. 4590, 9-21-1993) 5. Wheel Guards. Parking spaces shall be provided with wheel guards or bumper guards where concrete curbs are not required so that no part of parked vehicles will encroach on an adjacent sidewalk. Bumper guards are not required for interior stalls or in locations where a concrete curb exists. (Ord. 5751, 8-4-2009) 6. Parking Garage Clearance. Parking garages shall have a minimum vertical clearance of seven feet six inches (7'6"). 7. Drive Through Stacking. Stacking for vehicles in drive-through lanes, or other locations where vehicle stacking is required, shall be measured at a distance of twenty feet (20') from the front bumper of the first vehicle in the queue to the front bumper of the second vehicle in the queue, and so forth. Stacking lanes shall be separated from primary parking areas via a landscaped median. 8. Protection Of Lighting Fixtures: Light poles in a parking lot shall be protected from vehicles by curbed landscape islands. SPECIAL MEETING - September 13, 2016 Page 355 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 9. Screening and Landscaping. All open parking lot areas containing more than four (4) required parking spaces shall be effectively screened as per the requirements contained in the landscape section of the development code. (Ord. 4590, 9-21-1993) 14.2207: OFF STREET PARKING REQUIREMENTS:�21 The required number of off street parking spaces shall be calculated as listed below: TABLE OF OFF STREET PARKING REQUIREMENTS Parking Requirements 2 spaces per dwelling unit 2 spaces per dwelling unit 1 space per 4 residents plus 1 space per employee SPECIAL MEETING - September 13, 2016 Page 356 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 Commercial, retail, services: Freestanding stores and shopping centers (up to 30,000 square feet) Shopping center (30,000 - 150,000 square feet) Shopping center (more than 150,000 square feet) Furniture f Auto sales f Restaurants without a bar Restaurant with a bar Dance/m usic/vocational/trade schools 2 spaces per 3 employees plus 1 space per maximum number of students as determined by the director of community development SPECIAL MEETING - September 13, 2016 Page 357 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 4 spaces per 1,000 square feet gross SPECIAL MEETING - September 13, 2016 Page 358 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 1 space per 4 seats plus 1 space per 2 employees 5 spaces per lane (Ord. 4590, 9-21-1993; amd. Ord. 5034, 7-20-1999; Ord. 5751, 8-4-2009; Ord. 6029, 9- 18-20121; Ord. 6112, 12-17-2013; Ord. 6147, 7-15-2014) 14.2207.1: CENTRAL AREA PARKING REGULATIONS:. I1:21 In the B-5 central commercial district and the B -5C core central commercial district, for the purpose of allowing existing conditions to continue, additional off street parking is SPECIAL MEETING - September 13, 2016 Page 359 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 not required at locations where limited parking or no parking is currently provided. Uses which are similar to those in operation at the time this chapter is adopted are not required to add additional parking. However, in areas where there is new construction or major rehabilitation (50 percent or more), or a change in use which warrants additional parking, spaces shall be provided as follows: Parking Requirements 4 stacking spaces for each window plus those required for the principal use 2 spaces per 1,000 square feet of gross floor area 1 space per unit 11/2 spaces per unit 2 spaces per unit 5 spaces per 1,000 square feet in excess of 2,500 square feet of floor area 4 spaces per 1,000 square feet in excess of 2,500 square feet of floor area 4 spaces per 1,000 square feet in excess of 2,500 square feet of floor area (Ord. 6112, 12-17-2013) 14.2208: OFF STREET LOADING:. I1:21 A. Location And Screening: All loading berths shall be located on the same zoning lot as the use served. All loading areas shall be hidden from street view or from adjacent residential areas. All motor vehicle loading berths abutting residential areas shall be screened by building walls, or by a uniformly painted solid noncombustible fence, wall, or door, or densely planted mature shrubbery or any combination thereof, not less than six feet (6') in height. Such required screening shall be immediately SPECIAL MEETING - September 13, 2016 Page 360 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 adjacent to the loading area and in addition to transitional screening requirements elsewhere in this chapter. In all districts, no loading berths shall be located in a required front, corner side or side yard. Loading berths located in a required rear yard may be open to the sky. B. Size: This chapter provides for two (2) sizes of loading berths, short berths and long berths. The vertical clearance of all berths shall be not less than fifteen feet (15'). The size of short and long loading berths shall conform to the following: 1. Short Berths: The size of berths, maneuvering aprons, and access aisles shall be as follows: a. Berth Size: Short berths shall have a minimum width of twelve feet (12') and a minimum length of thirty five feet (35'). b. Maneuvering Apron: A maneuvering apron of sixty feet (60') shall be provided. c. Access Aisles: A width of at least twelve feet (12') shall be provided for one-way aisles and twenty two feet (22') for two-way aisles. 2. Long Berths: The size of berths, maneuvering aprons, and access aisles shall be as follows: a. Berth Size: Long berths shall have a minimum width of twelve feet (12') and a minimum length of fifty feet (50'). b. Maneuvering Apron: A maneuvering apron of sixty feet (60') shall be provided. c. Access Aisles: A width of at least fourteen feet (14') shall be provided for one- way aisles and twenty four feet (24') for two-way aisles. C. Access: Each off street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, and shall be subject to approval by the director of community development. D. Surfacing: All open off street loading berths shall be paved with asphalt, concrete or other dustless all weather material capable of bearing a live load of two hundred (200) pounds per square foot. E. Repair And Service: No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any district, except that: SPECIAL MEETING - September 13, 2016 Page 361 of 449 Article XXI I — Off Street Parking and Loading - Updated 9/6/16 1. Emergency repair service necessary to start vehicles shall be permitted in all districts. F. Utilization: Space allocated to any off street loading use shall not, while so allocated, be used to satisfy the space requirement for any off street parking facilities or portions thereof. G. Central Loading: Central loading facilities may be substituted for loading berths on individual zoning lots provided the following conditions are fulfilled: Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade by means of a ramp or tunnel. 2. Total off street loading berths provided shall meet the minimum requirements herein specified, based on the sum of the several types of uses served. (Area of types of uses may be totaled before computing number of loading berths.) 3. No zoning lot served shall be more than five hundred feet (500') removed from the central loading area. 4. The tunnel or ramp connecting a central loading area with the zoning lot serviced shall be not less than twelve feet (12') in width and have a clearance of not less than twelve feet (12'). H. Minimum Facilities: Uses for which off street loading facilities are required herein, but which are located in buildings with less paved area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities, accessible by motor vehicles off any adjacent alley, service drive, or open space on the same zoning lot. (Ord. 4590, 9-21-1993; amd. Ord. 5751, 8-4-2009) SPECIAL MEETING - September 13, 2016 Page 362 of 449 Updated September 2, 2016 Article XXIII LANDSCAPE REQUIREMENTS' 14.2301: INTENT AND PURPOSE: 14.2302: LANDSCAPE PLAN REQUIREMENT: 14.2303: CONTENT OF LANDSCAPE PLAN: 14.2304: DESIGN CRITERIA: 14.2305: RIGHT OF WAY LANDSCAPING: 14.2306: PARKING LOT LANDSCAPING: 14.2307: FOUNDATION LANDSCAPING: 14.2308: PERIMETER LANDSCAPING: 14.2309: TREE PRESERVATION: 14.2310: PROHIBTED AND RECOMMENDED PLANT LIST 14.2301: INTENT AND PURPOSE:'• ..:D IU The purpose of these landscape requirements is to promote, protect and preserve the general health and safety of the people of the community and, as part of the general welfare, ensure aesthetic compatibility among land uses within the community. These regulations are intended to minimize the harmful or nuisance effects resulting from noise, dust, debris, motor headlight glare, artificial light intrusions, objectionable sights or activities, or similar incompatible impacts conducted or created by adjoining or nearby land use. It is also the purpose of these regulations to safeguard the environmental quality and aesthetic character of the community by limiting the removal and ensuring replacement of trees upon private property within the village. These regulations are intended to preserve insofar as practical, existing vegetation and topographical features by limiting unnecessary clearing and modification of land, encouraging the retention of existing mature trees, requiring the replacement of indigenous trees with approved species, and encouraging the energy efficient operation of land uses in the public interest. Landscaping required by this chapter shall be a condition to the issuance of a certificate of occupancy for any improvements built on the subject property. (Ord. 4590, 9-21- 1993) 14.2302: LANDSCAPE PLAN REQUIREMENT:121 A landscape plan shall be required and approved by the director of community development for the following: A. Any nonresidential development of any parcel of land involving the construction of any new building(s), structure(s) or parking facilities, or SPECIAL MEETING - September 13, 2016 Page 363 of 449 Updated September 2, 2016 B. Any multi -family residential development and/or residential PUD, or C. Any development involving expansion by more than twenty five percent (25%) of an existing structure's building footprint, excluding single-family residences, if constructed after the effective date hereof. The plan shall be completed by a landscape architect or a person capable of fulfilling all requirements set forth in this chapter. Requests for relief or revisions to these requirements of this chapter may be submitted to the village manager for his consideration. (Ord. 5751, 8-4-2009; amd. Ord. 6112, 12-17-2013) 14.2303: CONTENT OF LANDSCAPE PLAN: • I121 A. Landscape Plan Content Requirements: Locations of existing and proposed improvements, as detailed below, shall be indicated on the landscape plan. Additional information, including technical information, samples, details and/or photographs of materials to be used, may be requested by the director of community development. 1. Principal and accessory structures, including fencing and screening walls, and freestanding signs. 2. Paved surfaces, including sidewalks, plazas, and parking lots. Parking lots areas shall have parking spaces and curbs delineated. Garbage and recycling areas (trash enclosures) shall be noted on the plan. 3.. Existing plant material to remain, including identification of trees, shrubs and ground cover. 4. Proposed location of all new plant materials as identified according to the planting schedule. 5. Proposed treatment of all ground surfaces (ground covers, sod, seed and/or plantings). 6. Location of public right-of-way, lot lines, easements and utility appurtenances. 7. Location of exterior lighting, including parking lot lighting. 8. Methods to be used to protect plants and planted areas (curbs, ties, walls, etc.). 9. Irrigation plan, required for commercial, industrial and multi -family residential projects. SPECIAL MEETING - September 13, 2016 Page 364 of 449 Updated September 2, 2016 10. Grading and drainage plan, showing spot elevations and/or cross sections. 11. Proposals to protect and preserve existing trees during and after construction. B. Planting Schedule: The following shall be included in the planting schedule and submitted with any landscape plan. 1. Plant material schedule, listing: botanical names; common names; caliper or height; and quantity. 2. Plant material schedule of all trees (4 inch caliper and above) to be removed, listing: botanical names; common names; caliper or height; and quantity. 3. Planting data box which shall include the required and proposed calculations for the following: a. Length (in feet) for each lot line: i. Adjacent to public right-of-way. ii. Adjacent to non -residentially zoned property. iii. Adjacent to residential property. b. The total number of trees required and proposed. c. The total number of shrubs required and proposed. C. Title Block: 1. Name and address of property owner. 2. Name of landscape architect. 3. Firm name and address. 4. Scale data. 5. North arrow. 6. Date. SPECIAL MEETING - September 13, 2016 Page 365 of 449 Updated September 2, 2016 14.2304: DESIGN CRITERIA: Z 111 A. Scale and Nature of Landscape Material: The scale and nature of landscape material shall be appropriate to the site and structures. B. Selection of Plant Material. 1. Trees to be installed shall meet the minimum criteria: a. Evergreen trees shall be a minimum of six feet (6') in height. b. Ornamental trees shall be a minimum of two inch (2") caliper or five feet (5') clump form. c. Shade trees a minimum of two and one-half inch (21/2") caliper. 3. Shrubs to be installed shall meet the minimum criteria at time of installation: a. Fifty percent (50%) of shrubs shall be deciduous and fifty percent (50%) evergreen. b. For shrubs that mature at less than five feet (5') in height, minimum installation size shall be two feet (2'). c. For shrubs that mature taller than five feet (5') in height, minimum installation size shall be three feet (3'). C. Installation Of Plant Materials: 1. Plant materials of all types and species shall be installed in accordance with the minimum technical specifications of the village's "Arboricultural Standards Manual" (see section 9.705 of this code), including the guarantee and replacement sections. 2. A schedule of prohibited and permissible plant materials is provided in the appendix to the Village Code. 3. Where overhead power lines exist, only trees that have a mature height of twenty feet (20') or less should be planted underneath. 4. Except areas occupied by planting beds, all landscaping areas located in the front or exterior side yards shall be sodded. SPECIAL MEETING - September 13, 2016 Page 366 of 449 Updated September 2, 2016 5. Except areas occupied by planting beds, all landscaping areas located in the interior side or rear yards shall be sodded or seeded. 6. Plant materials installed along the perimeters of parking areas and rights-of-way shall be salt hardy. D. Maintenance Of Plant Materials: The owner of the premises shall be responsible for the maintenance, repair and replacement of all landscaping plant materials and related structures, including but not limited to refuse disposal areas, walls, and fences as may be required by the village. When any existing landscaping materials are removed from a nonsingle-family residential property, the removed and replacement materials shall be approved by the director of community development. A means of irrigating plant material shall be provided. E. Planting Beds: Outside of existing plantings, the remaining planting beds shall be mulched in their entirety with ground cover, shredded bark or other similar material. F. Detention/Retention Basins And Ponds: Areas surrounding detention/retention basins and ponds shall be planted above the high water line. Such plantings shall include shade and ornamental trees, evergreens, shrubbery, hedges and/or other live planting materials along the perimeter of the basin or pond. The bottom of the basin/pond shall be planted with sod or hydroseed. Plants must be able to tolerate wet conditions if planted within the basin. G. Areas Where Plant Material Will Not Prosper: In areas where general planting will not prosper, other materials (such as fences, walls and pavings of wood, brick, stone, and cobbles) may be used when demonstrated to the director of community development that the area will not support live plant materials. Carefully selected plant material shall be combined with such materials where possible. 14.2305: RIGHT OF WAY LANDSCAPING: l " I121 Where a parcel abuts a dedicated public right of way, parkway trees shall be provided in accordance with subsection 15.502 E and sections 15.808 and 16.902 of this code. A. Graded And Sodded: All unpaved areas within the right of way shall be graded and sodded in accordance with section 16.904 of this code. (Ord. 5253, 5-21-2002) 14.2306: SITE LANDSCAPING: U A. Parking Lot Landscape Islands. AppliGabilityi. All parking lots designed for four (4) or more required parking spaces shall be planted in accordance with the provisions of this article. SPECIAL MEETING - September 13, 2016 Page 367 of 449 Updated September 2, 2016 1. Landscape Island Planting Areas. A planting island of at least one hundred twenty (120) square feet in area, and at least seven feet (7') in width, as measured back of curb to back of curb shall be provided for every seventeen (17) parking spaces in a parking row. A planting island shall be required at the end of each row of parking stalls regardless to the number of parking stalls in the row. 2. Landscape Island Planting Materials. One shade tree shall be provided for every one hundred twenty (120) square feet of area in a landscape planting island. There shall be at least fifty percent (50%) live coverage. Live coverage shall consist of a mixture of planting material, including evergreens, shrubs and perennials. B. Perimeter Landscaping. The regulations of this subsection B shall apply to the area defined along an adjacent lot line, extending to any or all of the following: exterior curblines of a parking lot; drive aisles or loading docks; and any building. Foundation landscaping regulations shall apply as indicated in Section 14.2307. 1. Perimeters Abutting/Adjacent to Single -Family Residential Uses: The following landscaping is required along lot lines that are adjacent or abutting a single-family residential use. a. Front and Exterior Side Yards: i. Where located across a street from a residential use, continuous landscaping shall be provided the frontage to a height of three feet (3'). ii. Shade trees shall be provided at the equivalent of fifty feet (50') apart along the abutting lot line. b. Rear and Interior Side Yards: i. A screen/buffer shall be provided at a minimum of six feet (6') in height. ii. Shade trees shall be provided at the equivalent of fifty feet (50') apart along the abutting lot line. iii. Other planting material, including ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials shall be provided at intermittent locations, covering at least seventy five percent (75%) of the linear frontage. 2. Perimeters Abutting/Adjacent to Non -Single -Family Residential Uses: a. Landscaping shall be provided across fifty percent (50%) of the abutting lot line to a minimum height of three feet (3'). For lot lines greater than one hundred feet (100') in length, plantings shall be placed in clusters, containing a minimum of seven (7) SPECIAL MEETING - September 13, 2016 Page 368 of 449 Updated September 2, 2016 shrubs per cluster, spaced at intervals of approximately thirty five feet (35') along the lot line. b. Shade trees shall be provided at the equivalent of seventy five feet (75') apart along the abutting lot line. 3. Exemptions. Landscaping requirements may be waived by the community development director for instances where no or little setback is required or provided, resulting in an area where plant material will not prosper. 14.2307: FOUNDATION LANDSCAPING: ."°' A. Setback: A landscaping area a minimum of four feet (4') in width shall be located, around the front and exterior side facade of all buildings; decorative, year round planter boxes and pots may be an acceptable alternative subject to approval of the community development director. B. Coverage: Required foundation landscaping areas shall remain open and free of all paving except where walks to buildings and other similar paving is required. C. Landscaping Materials: Such landscaping shall consist of ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials. Particular attention shall be paid toward screening mechanical equipment and loading docks; softening large expanses of building walls; and accenting entrances and architectural features. 14.2309: TREE PRESERVATION:Z� 111 This section provides standards for protection of trees on private property. Chapter 9, article VII of this code provides standards for protection of trees on public property. A. Tree Removal Procedure: No more than five (5) trees on any property, nor a tree having a caliper of four inches (4") or greater on any proposed development site, shall be removed without a permit meeting the requirements of this section. This section does not apply if the tree removal is requested by the village or if the tree is located on public property. Chapter 9 of this code provides standards for removal of public property trees. 2. The application for a tree removal permit shall be accompanied by: SPECIAL MEETING - September 13, 2016 Page 369 of 449 Updated September 2, 2016 a. A written statement indicating the reason for removal of the tree(s). b. A general description of the tree(s) to be removed. c. A tree survey of the general area (as determined by the department of community development) surrounding the tree(s) to be removed. The tree survey shall consist of trees four inch (4") caliper and above and include a listing of species. d. Arguments for removal under subsections A3c and A3d of this section shall be accompanied by a report from a certified arborist if requested by the department of community development. 3. The village shall approve an application for a tree removal permit if one or more of the following conditions is present: a. It is necessary to remove a tree which poses a safety hazard to pedestrian or vehicular traffic or threatens to cause disruption of public safety. b. It is necessary to remove a tree which poses a safety hazard to structures. c. It is necessary to remove a tree which is diseased or has been weakened by age, storm, fire or other injury. d. It is necessary to observe good forestry practice, i.e., the number of healthy trees a given parcel of land will support. 4. When a tree removal is occasioned by any development or land use requiring the submission of a site plan, or subdivision plan, the said plan shall, upon approval by the village, constitute a tree removal permit. 5. When removing trees, trees shall be removed in their entirety, including trunks, stumps and associated debris. Areas where trees were removed shall be restored to its natural condition. Restoration to natural condition includes, but is not limited to, deposit of topsoil and grass seed or sod. B. Protection Of Existing Trees: The following materials are required for all development activity requiring site plan review: A tree survey indicating the location, size, and species of all trees located on the parcel with a caliper of four inches (4") or greater. 2. Every reasonable effort shall be made to retain existing trees on the aforementioned tree survey through the integration of those trees surveyed into the site and landscaping plans for a proposed development. SPECIAL MEETING - September 13, 2016 Page 370 of 449 Updated September 2, 2016 3. A tree preservation plan indicating, at a minimum, the location of those trees to be preserved and the methods which are to be used to preserve such trees. This tree preservation plan shall specify the following: a. The following preservation techniques shall be employed: (1) All grading and construction equipment shall be forbidden from encroaching within the drip line of a tree. (2) Crushed limestone, hydrocarbons and other materials detrimental to trees shall not be dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivably affect the health of the tree. (3) Snow fencing shall be temporarily installed at the periphery of the tree's drip line. (4) No grade changes shall be allowed under drip line of any trees located on the tree survey. b. The methods which are to be used to preserve those trees shall be clearly specified. If, in the opinion of the village, the necessary precautions as specified in the tree preservation plan were not undertaken before or maintained during construction, the land development permit for the parcel shall not be issued or, if previously issued, shall be revoked until such time as these precautions have been complied with. 4. In the event that a tree designated for preservation is destroyed or razed during the construction process, during regular maintenance activities, or has been removed without prior approval of the community development director: a. Such trees shall be replaced with new trees in accordance with the following: For the above, in the event of a fraction of an inch, if a fraction is less SPECIAL MEETING - September 13, 2016 Page 371 of 449 Updated September 2, 2016 than one-half inch (1/2"), the lower full number listed above shall be used. If a fraction is one-half inch (1/2") or greater, the higher number shall be used. b. A fee in lieu of installing a replacement tree shall also be acceptable if providing the number of replacement trees is not feasible on a specific property. The applicant shall submit a written statement indicating the reasons for the inability to provide the number of replacement trees. The written statement shall be accompanied by a report from a certified arborist if requested by the department of community development. The director of community development shall review and decide if replacement trees, a fee in lieu, or combination thereof is appropriate. A fee in lieu shall be as set forth in appendix A, division II of this code. 5. All replacement trees shall have a minimum caliper of four inches (4") 6. Replacement trees shall be of like kind of trees removed and are limited to one of the species listed in the schedule of permissible plant materials maintained by the director. 7. Removal of trees designated for preservation shall be allowed only by amending the landscape plan. The amended landscape plan shall indicate the location, species, and size of all replacement trees. (Ord. 4590, 9-21-1993; amd. Ord. 52537 5-21-2002; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013) 14.2310: PROHIBITED AND RECOMMENDED PLANT LIST: PROHIBITED TREE LIST Botanical Name Common Name Acer negundo Box elder Acer saccharinum Silver maple Ailanthus altissima Tree of heaven Betula papyrifera White birch Elaeagnus angustifolia Russian olive Fraxinus species Ash species Ginkgo biloba, female Ginkgo (female only) SPECIAL MEETING - September 13, 2016 Page 372 of 449 Updated September 2, 2016 Maclura pomifera Osage orange Morus species Mulberry (all species) Populus species Cottonwood (all species) Robinia pseudoacacia Black locust Salix babylonica Weeping willow (except in large wet areas) Sorbus species Mountain ash Ulmus americana American elm Ulmus pumila Siberian elm RECOMMENDED PLANT LIST Use of plants not included on the recommended plant list may be permitted with the approval of the director. SHADE TREES (minimum size at installation — 2 % inch caliper): Botanical Name Common Name Acer pseudoplatanus Sycamore maple Acer x freemani Freeman maple Acer rubrum Red maple Acer saccharum Sugar maple Aesculus glabra Ohio buckeye Aesculus hippocastanum Horse chestnut Betula nigra River birch Carpinus betulus European hornbeam Carya cordiformis Bitternut hickory SPECIAL MEETING - September 13, 2016 Page 373 of 449 Updated September 2, 2016 Carya ovata Shagbark hickory Celtis occidentalis Common hackberry Fagus grandifolia American beech Fagus sylvatica European beech Ginkgo biloba Ginkgo (male only) Gleditsia triacanthos var. inermis Thornless honeylocust Gymnocladus dioicus Kentucky coffeetree Juglans cinerea Butternut Larix decidua European larch Larix laricina American larch Liquidambar styraciflua Sweet gum Quercus alba White oak Quercus bicolor Swamp white oak Quercus macrocarpa Bur oak Quercus robur English oak Quercus rubra Red oak Syringa amurensis Japanese tree lilac Syringa pekinensis Peking lilac Taxodium distichum Bald cypress Tilia Americana American Basswood Tilia cordata Littleleaf linden Tilia euchlora Redmond linden Tilia tomentosa Silver linden Ulmus species Improved DED resistant varieties EVERGREEN TREES (minimum height at installation - 6 feet): SPECIAL MEETING - September 13, 2016 Page 374 of 449 Updated September 2, 2016 Botanical Name Common Name Picea abies Norway spruce Picea glauca White spruce Picea omorika Serbian spruce Picea pungens Colorado spruce Pinus parviflora Japanese white pine Pinus strobus Eastern white pine Pinus sylvestris Scotch pine Pseudotsuga menziesii Douglas fir Tsuga canadensis Canadian hemlock ORNAMENTAL TREES (minimum size at installation - 2 inch caliper or be a clump form at a minimum height of 5 feet): Botanical Name Common Name Acer ginnala Amur maple Acer campestre Hedge maple Acer miyabe Miyabi maple Acer tataricum Tartarian maple Aesculus pavia Red buckeye Alnus glutinosa European black alder Amelanchier alnifolia Saskatoon serviceberry Amelanchier arborea Downy serviceberry Amelanchier laevis Allegheny serviceberry Amelanchier x grandiflora Apple serviceberry SPECIAL MEETING - September 13, 2016 Page 375 of 449 Updated September 2, 2016 Betula platyphylla White birch Carpinus caroliniana American hornbeam Cercis canadensis Eastern redbud Cornus kousa Kousa dogwood Crataegus crusgalli var. inermis Cockspur hawthorn Crataegus phaenopyrum Washington hawthorn Magnolia x soulangiana Saucer magnolia Magnolia stellata Star magnolia Malus species Flowering crabapple Ostrya virginiana American hophornbeam Phellodendron amurense American corktree Prunus americana Wild plum Prunus virginiana Common chokecherry Ptelea trifoliata Common hoptree Sophora japonica Japanese pagoda tree Syringa reticulata Japanese tree lilac LARGE DECIDUOUS SHRUBS (minimum height at installation - 3 feet): Botanical Name Common Name Amorpha fruticosa Indigobush amorpha Cephalanthus occidentalis Common buttonbush Cornus alba Tatarian dogwood Cornus alternifolia Pagoda dogwood Cornus mas Cornelian cherry dogwood SPECIAL MEETING - September 13, 2016 Page 376 of 449 Updated September 2, 2016 Cornus racemosa Gray dogwood Cornus sericea Red -osier dogwood Corylus americana American hazelnut Cotoneaster acutifolius Peking cotoneaster Cotoneaster divaricatus Spreading cotoneaster Cotoneaster lucidus Hedge cotoneaster Cotoneaster multiflorus Many flowered cotoneaster Euonymous alatus compactus Dwarf burning bush Forsythia x intermedia Border forsythia Forsythia viridissima Greenstem forsythia Hamamelis vernalis Vernal witch -hazel Hamamelis virginiana Common witch -hazel Hydrangea paniculata Panical hydrangea Ilex verticillata Common winterberry Physocarpus opulifolius Common ninebark Rhus glabra Smooth sumac Rhus typhina Staghorn sumac Sambucus canadensis Elderberry Syringa species Lilac Tamarix ramosissima Five stamen tamarix Viburnum dentatum Arrowwood viburnum Viburnum lantana Wayfaring tree viburnum Viburnum lentago Nannyberry viburnum Viburnum opulus European cranberry viburnum Viburnum prunifolium Blackhaw viburnum SPECIAL MEETING - September 13, 2016 Page 377 of 449 Updated September 2, 2016 Viburnum trilobum American cranberry viburnum Viburnum x burkwoodii Burkwood viburnum Viburnum x rhytidophylloides Lantanaphyllum viburnum Weigela species Weigela LARGE EVERGREEN SHRUBS (minimum height at installation - 5 feet): Botanical Name Common Name Juniperus species Upright juniper Juniperus virginiana Eastern red -cedar Thuja occidentalis Arborvitae SMALL DECIDUOUS SHRUBS (minimum height at installation - 24 inches): Botanical Name Common Name Amelanchier stolonifera Running serviceberry Aronia melonocarpa Black chokeberry Aronia arbutifolia Red chokeberry Berberis thunbergii Japanese barberry Berberis x mentorensis Mentor barberry Ceonothus americanus New Jersey tea Clethra alnifolia Summersweet clethra Cotoneaster apiculata Cranberry cotoneaster Cotoneaster adpressus Creeping cotoneaster Cotoneaster horizonalis Rockspray cotoneaster SPECIAL MEETING - September 13, 2016 Page 378 of 449 Updated September 2, 2016 Forsythia species Forsythia Hydrangea species Hydrangea Hypericum species St. John's wort Ilex verticillata Common winterberry Myrica pennsylvanica Bayberry Ribes alpinum Alpine currant Rhus aromatica Gro -low sumac Rosa species Rose Stephanandra incisa Cutleaf stephanandra Syringa meyeri Meyer lilac Syringa patula Miss kim lilac Viburnum carlesii Dwarf Korean viburnum Viburnum sargentii Sargent viburnum Viburnum trilobum American cranberry viburnum Viburnum x juddii Judd viburnum Weigela species Weigela SMALL EVERGREEN SHRUBS (minimum height at installation - 24 inches) Botanical Name Common Name Buxus koreana x sempervirens Boxwood Buxus sempervirens Common boxwood Buxus microphylla Littleleaf boxwood Chamaecyparis species Falsecypress Ilex glabra Inkberry SPECIAL MEETING - September 13, 2016 Page 379 of 449 Updated September 2, 2016 Ilex x meserveae Blue Holly Juniperus chinensis Chinese juniper Juniperus horizontalis Creeping juniper Juniperus procumbens Japgarden juniper Pinus mugo var. mugo Mugo Pine Rhododendron species Rhododendron Taxus media Dense yew ORNAMENTAL GRASSES: Botanical Name Common Name Calamagrostis species Feather reed grass species Miscanthus species Maiden grass species Panicum species Switch grass species Pennisetum setaceum Fountain grass PERENNIAL PLANTS: Botanical Name Common Name Astilbe species Perennial false spiraea varieties Buddleia davidii Butterfly bush Chrysanthemum species Garden mum and daisy varieties Coreopsis species Tickseed varieties Dicentra species Bleeding heart varieties Echinacea species Coneflower varieties SPECIAL MEETING - September 13, 2016 Page 380 of 449 Updated September 2, 2016 Hemerocallis species Daylily varieties Heuchera species Coral bells varieties Hosta species Plantain lily varieties Iris species Iris varieties Penstemon digitalis Beard tongue Peonia species Peony varieties Perovskia species Russian sage Rudbeckia species Coneflower varieties GROUNDCOVER PLANTS: Botanical Name Common Name Ajuga reptans Ajuga Arctostaphylos uva-ursi Bearberry or kinnikinnick Asarum europaeum European wild ginger Bergenia cordifolia Pigsqueak or heart -leaf bergenia Carex morrowii Ice dance Japanese sedge Euonymous fortunei Japanese winter creeper Hedera helix English ivy Helleborus orientalis Lenten -rose Heuchera species Coralbells Iberis sempervirens Candytuft Juniper communis var. repanda Creeping juniper Juniper procumbens Dwarf japanese garden juniper Liriope spicata Creeping lily -turf SPECIAL MEETING - September 13, 2016 Page 381 of 449 Updated September 2, 2016 Mahonia repens Creeping mahonia Microbiota decussate Siberian cypress Pachysandra procumbens Allegheny pachysandra Pachysandra terminalis Japanese pachysandra Parthenocissus quinquefolia Virginia creeper Parthenocissus tricuspidata Boston ivy Paxistima canbyi Cliff -green Polystichum acrostichoides Christmas fern Sedum species Sedum Thymus serpyllum Creeping thyme Vinca minor Common periwinkle Waldsteinia ternata Barren strawberry SPECIAL MEETING - September 13, 2016 Page 382 of 449 Updated September 2, 2016 DEFINITION&Z 111 14.2401: PURPOSE: 14.2401: PURPOSE:' In the construction of this chapter, the definitions contained in this article shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions and rules of word use shall apply. Words contained in this chapter and not defined hereinafter, shall assume definitions as prescribed in Webster's unabridged dictionary (1979 edition). ABUTTING: Having a common border width, or being separated from such a common border by a right of way, alley or easement. ACCESSORY STRUCTURE: A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of a principal structure. Said structures may include, but are not limited to, garages and sheds, as further defined by this code. ACCESSORY USE: A use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary, incidental and subordinate to the conduct of the principal use. ALLEY: A public or private way permanently reserved as a secondary means of access to abutting properties. AMATEUR RADIO: The use of designated radio frequencies for purposes of private, noncommercial communication. "Amateur" includes persons with a recreational interest in radio technique solely with personal aim and without direct pecuniary interest, and shall not include commercial broadcasting, public safety communication, or professional two-way radio services. Also known as "ham radio". AMUSEMENT DEVICE: Any machine, game, table or device which is designed, intended or used as a test of skill and may be operated by the public upon insertion of coin, or token, or the use of which is made available for any viable consideration and is operated by the manipulation of buttons, dials, trigger devices or electrical impulses. ANTENNA: A system of wires, poles, rods, reflecting disk, or similar devices used for SPECIAL MEETING - September 13, 2016 Page 383 of 449 Updated September 2, 2016 the transmission or reception of electromagnetic rays, external to or attached to the exterior of any structure. ANTENNA, WIRELESS SERVICE: The surface from which wireless radio signals are sent and received by a personal wireless service facility. "Antenna" should not be used as a synonym for "cell site". APPLICANT: Refer to section 15.202 of this code. APRON: Refer to section 16.202 of this code. ARBOR: A latticework bower or archway supported by three or more non-linear posts, typically intertwined with climbing vines and flowers. AUTOMOBILE FUELING STATION: A business establishment which includes the retail dispensing or sale of vehicular fuel and incidental convenience goods, having pumps and storage tanks thereon but no repair services. AUTOMOBILE GARAGE: A business establishment which shall include major repair of motor vehicles, including the rebuilding of engines, or major reconditioning or reconstruction of worn or damaged motor vehicles or parts thereof, body, frame or fender straightening, or reconstruction and painting of vehicles or parts thereof. AUTOMOBILE MAINTENANCE AND SERVICE CENTER: A business establishment which shall include incidental or minor repair of motor vehicles, including the replacement of worn or damaged parts in minor motor or tune up services, but not including the sale of gasoline products or any operation included within the definition of "automobile garage". AWNING: A rooflike structure made of cloth which projects from a building for the purpose of shielding a doorway or window from the elements. BASEMENT: Refer to section 21.501 of this code. BEAUTY SHOP: A business establishment where cosmetology services are provided. This includes, but is not limited to, hair, nail, and skin care, and other spa services not including massage therapy. BENCH MARK: Refer to section 16.202 of this code. SPECIAL MEETING - September 13, 2016 Page 384 of 449 Updated September 2, 2016 BLOCK: A tract of land bounded by streets, or combination of streets and public parks, cemeteries, railroad rights of way, waterway shorelines, or boundary lines of municipalities. BUILDING: Refer to section 21.501 of this code. BUILDING, EXISTING: Any structure erected prior to the adoption of the appropriate code, or one for which a legal building permit has been issued. BUILDING LINE (Also Referred To As BUILDING SETBACK LINE): The line established by law, beyond which a building shall not be erected or extend, except as specifically provided by law. BUILDING, PRINCIPAL: The primary structure or building located on the lot which houses the permitted use or conditional use within the zoning district. CANOPY, NONRESIDENTIAL: A permanent hood, awning or rooflike construction, which may or may not include support columns, which projects from a building wall for the purpose of providing shelter or protection from the weather. CANOPY, RESIDENTIAL: A rooflike structure, without walls, screens, or windows, that projects from the building wall, covering a stoop, and does not exceed the dimensions of the stoop. CERTIFICATE OF COMPLETION: Refer to section 15.202 of this code. CERTIFICATE OF OCCUPANCY: Refer to section 15.202 of this code. COLLOCATION: The use of a single mount on the ground by more than one carrier (vertical collocation) and/or several mounts on an existing building by more than one carrier. COMMERCIAL/BUSINESS SCHOOL: An establishment which offers specific courses of classroom instruction, for profit, to the general public, in business, trade, industry or other trained skills; but does not offer academic instruction equivalent to the standards prescribed by the school code of Illinois. COMMERCIAL TRAILER: Any trailer: a) carrying work equipment such as ladders, snowplows, hand or mechanical tools; b) carrying work machinery on or affixed to the outside of the trailer; c) containing a refrigeration unit or other motorized compressor; or SPECIAL MEETING - September 13, 2016 Page 385 of 449 Updated September 2, 2016 d) being used for storage shall be considered commercial trailers. None of the following shall be considered a commercial trailer: a) a recreation trailer that is not included in the above categories; and b) Mount Prospect police or fire trailers. COMMERCIAL VEHICLE: Any vehicle with a class designation other than passenger, or trailer carrying work equipment such as ladders, snowplows, hand or mechanical tools, or machinery on the outside of the vehicle or trailer; any vehicle or trailer containing a refrigeration unit or other motorized compressor, not including air conditioner units used for the comfort of the driver and passengers; or any vehicle or trailer containing a name, logo, or any other signage for any business enterprise visible from the outside of the vehicle; or any vehicle used for public transportation purposes capable of carrying more than seven (7) persons, excluding vehicles used as commuter vans as defined by the Illinois motor vehicle code. Government police and fire vehicles falling within the size criteria set forth in this chapter, pickup trucks with class B designation, passenger vans with class B designation, and recreation vehicles not fitting within the above criteria shall not be considered commercial vehicles. COMMON OPEN SPACE: A parcel or parcels of land intended to provide light and air, and designed and intended for the common use or enjoyment of the residents or occupants of the development. COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis, or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. COMPREHENSIVE PLAN: The plan for the long range growth and development of the village including graphic and written proposals and supporting or implementing documents, as are adopted and amended from time to time. CONDITIONAL USE: A use that, owing to some unique characteristics attendant to its operation or installation, is permitted in a district subject to approval of the village board, and subject to special requirements, different from those usual requirements for the zoning district in which the conditional use may be located. CONTROL OR OWNERSHIP: Any person, agent, firm or corporation having a legal or equitable interest in the property or having the legal authority to act on behalf of all owners, which shall be evidenced by deed, contract or other written guarantee. SPECIAL MEETING - September 13, 2016 Page 386 of 449 Updated September 2, 2016 CUL-DE-SAC: A local street, one end of which is closed and consists of a circular turnaround. DAMAGE: Any direct loss of property by fire, windstorm, flooding or act of God. DAYCARE CENTER: A nonfamily home that regularly provides daycare for less than twenty four (24) hours per day for more than three (3) children. Daycare centers shal meet all applicable village, county and state regulations. DAYCARE HOME: A family home which receives more than three (3) and up to a maximum of twelve (12) children for less than twenty four (24) hours per day, provided the mix of the children's ages does not require an assistant pursuant to the Illinois department of children and family services' licensing standards for daycare homes. The maximum of twelve (12) children includes the family's natural, foster or adopted children and all other persons under the age of twelve (12). Daycare homes shall meet all applicable village, county and state regulations. DENSITY: The number of dwelling units permitted per acre of land excluding land area occupied by public or private streets. DETENTION: Refer to section 15.202 of this code. DEVELOPMENT: Refer to subsection 15.103B of this code. DEVELOPMENT SCHEDULE: Refer to section 15.202 of this code. DEVELOPMENTAL DISABILITY: A disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or similar physical or mental conditions which are manifested in the early stages of life and expected to continue indefinitely. DIRECTOR: The "director of community development" as defined in section 15.202 of this code. DONATION BOX: An outdoor container or receptacle used for collecting donated household items such as clothing, shoes, and books. DRIVE-IN RESTAURANT AND DRIVE-IN FOOD ESTABLISHMENT: A food service establishment with or without interior facilities for eating which caters to and permits the consumption of food either in customers' automobiles parked on the premises, or in any SPECIAL MEETING - September 13, 2016 Page 387 of 449 Updated September 2, 2016 other designated area on the premises, outside the establishment where the food is prepared. DWELLING: A building, or portion thereof designed or used exclusively for residential occupancy. Not included are hotels, motels, rooming, boarding or lodging houses. Multiple -Family: A building, or portion thereof consisting of three (3) or more dwelling units. Single -Family, Attached: A building, structure or portion thereof containing three (3) or more attached single-family dwellings where the units are primarily connected horizontally. Single -Family, Detached: A building containing a single dwelling unit only, which is separated from all other dwellings by open space. Two -Family: A building consisting of two (2) dwelling units which have been attached. DWELLING UNIT: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate bathroom and facilities for cooking and sleeping. EASEMENT: Refer to section 15.202 of this code. FAMILY: One or more persons related by blood, marriage or adoption or a group of not more than five (5) persons not so related, maintaining a common household in a dwelling unit. FAMILY COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of no more than eight (8) unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. FAMILY HOME: The location, or portion of the location, where the person to be licensed as the primary caregiver in the daycare home resides and is domiciled. FENCE, AREA: A fence located immediately adjacent to a permitted patio, deck or similar accessory structure. FENCE, OPEN: A fence, including gates, designed and constructed with at least fifty percent (50%) of its surface area as open space of uniform distribution, when viewed from a right angle. SPECIAL MEETING - September 13, 2016 Page 388 of 449 Updated September 2, 2016 FENCE, PERIMETER: A fence located on or within six inches (6") of a property line. FENCE, SOLID: A fence, including gates, designed and constructed with greater than fifty percent (50%) of its surface area as opaque material of uniform distribution, when viewed from a right angle. FENCE/WALL: A freestanding structure resting on or partially buried in the ground and rising above the ground level, forming a barrier which is not otherwise a part of any building or other structure and is used to delineate a boundary or as a means of confinement or privacy. FLOOR AREA: The sum of the gross horizontal area of all floors of a building, including principal and solid -roofed accessory structures as measured from the exterior footprint. Floor area shall exclude: A. Areas used for storage of building, mechanical and HVAC equipment; B. Basements in single-family dwellings with a ceiling height less than three feet (3') as measured from the finished grade; C. Attic spaces in single-family dwellings with a ceiling height less than seven feet (7'); D. Unenclosed porches, stoops, and canopies, as defined in this chapter; and E. For the purposes of determining off street parking requirements for restaurant uses, floor area shall not include areas devoted primarily for storage, restrooms, and corridors used solely for accessing these areas. FLOOR AREA RATIO (FAR): Determined by dividing the number of square feet of floor area in all buildings on a lot by the square feet of area of that lot. FREE AND UNLIMITED PHYSICAL ACCESS: The existence of at least one unobstructed passageway from the second housekeeping unit to the entire remainder of the dwelling unit. To conform to this definition, the passageway may have a door, but the door shall not have any locking mechanism of any kind whether the lock is used or not. The passageway shall clearly permit all persons on the premises to have access to the entirety of the premises. A lock on a separate bedroom door within the second housekeeping unit shall be permitted pursuant to this definition. FRONTAGE: The narrowest portion of a lot or parcel which abuts a public street. FULL CUTOFF FIXTURE: A luminaire, or light fixture, that allows no emission of light above horizontal. GARAGE: A structure designed to house motor vehicles and to store items and SPECIAL MEETING - September 13, 2016 Page 389 of 449 Updated September 2, 2016 equipment necessary to maintain and keep up the primary structure and the property that it is located upon. GAZEBO: A freestanding roofed structure that is at least twenty five percent (25%) open sided and is designed for recreational use. GLARE: Light emitting from a luminaire that causes reduced vision or momentary blindness. GRADE: Refer to section 16.202 of this code. GREENHOUSE: A structure constructed primarily of glass or other translucent material which is devoted to the protection or cultivation of flowers or other plants. GROUP COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of nine (9) to fifteen (15) unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. GUARANTEE: A form of security, including cash escrow, letter of credit, or surety bond, acceptable by the village to assure that required improvements are completed, operating properly and/or adequately maintained. GUYED TOWER: A monopole or lattice tower that is tied to the ground or other surface by diagonal cables. HARDSHIP: A practical difficulty in meeting the requirements of this chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances. HEIGHT, BUILDING: Refer to section 21.501 of this code. HEIGHT, FENCE: The vertical distance as measured from grade level to the highest point of the fence, excluding the required drainage separation area as further defined in this chapter. HOME OCCUPATION: An accessory use conducted completely within a dwelling unit and clearly incidental and secondary to the use of the dwelling for residential purposes. No home occupation or part of any home occupation shall be conducted in a garage. A home occupation may include a for profit home business or a home office for a resident who may work for another employer, or contract or consult with another company or individual. Any home occupation or home business is subject to the appropriate SPECIAL MEETING - September 13, 2016 Page 390 of 449 Updated September 2, 2016 standards of this chapter. HOTEL/MOTEL/MOTOR INN: An establishment which provides lodging accommodations for transient guests where less than twenty percent (20%) of the rooms are used or intended for occupancy by permanent guests. A hotel shall provide maid service, linen service, telephone and desk service, and the use and upkeep of furniture. Said establishments shall exclude boarding or lodging houses, and apartment hotels. IMPERVIOUS SURFACE: Refer to section 16.202 of this code. IMPROVEMENT, PRIVATE: Refer to section 15.202 of this code. IMPROVEMENT, PUBLIC: Refer to section 15.202 of this code. IMPROVEMENTS: Refer to section 15.202 of this code. KITCHEN UNIT: Refer to section 21.501 of this code. LATTICE TOWER: A ground mounted structure that is self-supporting with multiple legs and cross bracing of structural steel. LIGHT TRESPASS: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. LOT AREA: The horizontal area within the lot lines of a lot, measured in feet. LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection. LOT DEPTH: The average horizontal distance, measured in feet, between the front and rear lot lines. The distance shall be measured from the midpoint of the front lot line to the midpoint of the rear lot line. LOT, FLAG: A lot with access provided to the bulk of the lot by means of a narrow corridor. LOT, INTERIOR: A lot other than a corner lot. LOT LINE: A recorded property boundary line of any single lot which divides one lot from another lot or from a right of way. LOT LINE, EXTERIOR: A recorded property boundary line which divides a lot from a road right of way. LOT LINE, FRONT: A recorded property boundary line separating the front yard from a SPECIAL MEETING - September 13, 2016 Page 391 of 449 Updated September 2, 2016 road right of way. LOT LINE, INTERIOR: A recorded property boundary line which divides one lot from another lot. LOT LINE, REAR: A recorded property line boundary that does not intersect a front lot line and is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line. LOT LINE, SIDE: Any recorded property boundary line other than a front or rear lot line. LOT OF RECORD: A designated parcel of land identifiable as a single separate tract which is part of a subdivision, the plat or deed of which has been recorded or registered with the appropriate county office or the deed to which has been recorded or registered with the appropriate county office pursuant to 765 Illinois Compiled Statutes 205, and which is intended to be used, developed or built upon as a unit. LOT, THROUGH: Any interior lot which has a pair of lot lines along two (2) substantially parallel streets. LOT, UNIMPROVED: Any lot or tract of land which is unoccupied by any building or aboveground structure and upon which no construction has commenced. LOT WIDTH: The horizontal distance between side lot lines, measured in feet, at the required front setback line. LOT, ZONING: A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. The single tract of land may or may not coincide with a lot of record. LUMINAIRE: A complete lighting unit consisting of the lamp or lamps and ballast(s) together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. MANUFACTURING, HEAVY: The assembly, fabrication or processing of goods and materials using processes that ordinarily have greater than minimal impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, visual impact, odors, glare, or health and safety hazards, or that otherwise do not constitute "light manufacturing". Heavy manufacturing generally includes processing and fabrication of large or bulky products made from extracted or raw materials and processes that require extensive floor areas or land area for the fabrication and/or incidental storage of the products. "Heavy manufacturing" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use. SPECIAL MEETING - September 13, 2016 Page 392 of 449 Updated September 2, 2016 MANUFACTURING, LIGHT: The assembly, fabrication or processing of goods and materials using processes that do not create noise, smoke, fumes, odors, glare or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place, where such processes are housed entirely within a building. Light manufacturing generally includes processing and fabrication of finished products predominantly from previously prepared materials and includes processes that do not require extensive floor areas or land areas. "Light manufacturing" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use. MASSAGE ESTABLISHMENT: Refer to section 11.3901 of this code. MINIWAREHOUSE: A storage or warehousing service within a building for individuals to store personal effects and for businesses to store materials for operation of an industrial or commercial enterprise elsewhere. But in no case may storage spaces in a miniwarehouse facility function as an independent retail, wholesale, business or service use. Spaces may not be used for workshops, hobby shops, manufacturing or similar uses. Human occupancy is limited to that required to transport, arrange and maintain store materials. MONOPOLE: A type of ground mounted structure that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top. Vertical collocations often have arrays at intermediate positions on the monopole. OUTDOOR STORAGE CABINET: A structure similar to but smaller than a shed, made from prefabricated panels or purchased fully assembled, used to protect household goods from the elements. OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property. PARK: An area open to the general public and reserved for recreational, educational, cultural, or scenic purposes. PARK, COMMUNITY: A park by size, program, and location which provides space and recreation activities for a defined service area or a significant geographic segment of the community. Such facilities may provide both outdoor and indoor recreational areas including open space, athletic fields, public pools, community centers, recreational centers, or similar uses and their related off street parking facilities. PARK, NEIGHBORHOOD: A park by size, program, and location which provides space and recreation activities for residents and businesses located within a one mile radius. Such facilities shall be limited to primarily outdoor recreation areas including open space, athletic fields, tot lots, public pools, or similar uses. SPECIAL MEETING - September 13, 2016 Page 393 of 449 Updated September 2, 2016 PARKING LOT: Refer to section 15.202 of this code. PARKING PAD: An open, paved area used by the owner or tenant of a residential property to store automobiles, motorcycles, trucks, vans, recreational vehicle trailers and recreational vehicles, with primary access from a driveway. PARKWAY: Refer to section 15.202 of this code. PERGOLA: A freestanding, open roofed structure that is open to the elements, consisting of columns supporting girders and cross rafters which vines and other climbing plants may grow. PERSONAL WIRELESS SERVICE FACILITY: The plant, equipment and property, including, but not limited to: cables, wires, conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services, as further defined in the telecommunications act. A personal wireless service facility is the appropriate term for "cell site" in ordinances and other official documents. PERSONAL WIRELESS SERVICES: Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services. PETITIONER: Any person filing for any variation, conditional use permit, zoning amendment and/or appeal, change in the comprehensive plan and/or subdivision. PLANNED UNIT DEVELOPMENT: A parcel of land, or contiguous parcels of land of a size sufficient to create its own character which is planned and developed as a single entity, containing two (2) or more principal structures or uses, with appurtenant common areas and which is under single ownership or control. The plan does not necessarily correspond in lot size, bulk, type of dwelling, use, lot coverage or required open space to the site's designated zoning district classification. The site may be planned and developed as a whole in a single development operation or in planned development stages. PLANNING AND ZONING COMMISSION: Refer to section 15.202 of this code. PLAT: Refer to section 15.202 of this code. PLAT, FINAL: Refer to section 15.202 of this code. PLAT OF SURVEY: Refer to section 15.202 of this code. PRINCIPAL BUILDING: A building or buildings in which the primary use on a lot on which the structure(s) is located is conducted. SPECIAL MEETING - September 13, 2016 Page 394 of 449 Updated September 2, 2016 PRINCIPAL USE: The main use of land or structures, as distinguished from a secondary or accessory use. PUBLIC UTILITY: Refer to section 15.202 of this code. PUBLICLY NAVIGABLE WATERS: Refer to section 22.102 of this code. RECREATION CENTER: A building, buildings, or use of land operated on a profit basis, with or without membership requirements, for the provision of entertainment, sport, or health/exercise facilities directly to the consumer; including, and limited to, racquet facilities, swimming pool, exercise and weightlifting facilities, basketball courts, jogging track, sauna, whirlpool, suntan booth and accessory uses. RECREATIONAL EQUIPMENT: Every vehicle or other transportation equipment designed to be used primarily for recreational purposes, including, but not limited to, the following: Boat: Any vessel used for water travel. A trailer upon which a boat is mounted shall be deemed to be a boat for purposes of this chapter and when such a boat is maintained on a trailer the two (2) shall be considered as one vehicle. Camping Trailer: A trailer constructed with partial side walls which fold for towing and unfold to provide temporary living quarters for recreational camping or travel use and of a size or weight not requiring an oversize permit when towed on a highway. Motor Home, Mini -Motor Home Or Van Camper: A self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk-through access to the living quarters from the driver's seat. Such vehicles must include at least four (4) of the following: A cooking facility with an onboard fuel source; A gas or electric refrigerator; A toilet with exterior evacuation; A heating or air conditioning system with an onboard power or fuel source separate from the vehicle engine; or A potable water supply system that includes at least a sink, faucet, and a water tank with an exterior service supply connection. Off The Road Vehicle: A vehicle intended principally for recreational off road use, such as a dune buggy, go-cart, ATV or snowmobile. Racing Car Or Cycle: A vehicle intended to be used in racing competition, such as a SPECIAL MEETING - September 13, 2016 Page 395 of 449 Updated September 2, 2016 racecar, stock car or racing cycle. Travel Trailer: A trailer designed to provide living quarters for recreational, camping or travel use, and of a size or weight not requiring an oversize permit when towed on a highway. Truck Camper: A truck, not used commercially, when equipped with a portable unit designed to be loaded onto the bed which is constructed to provide temporary living quarters for recreational, travel or camping use. Vehicle Trailer: A vehicle without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. Other Recreational Equipment: Other wheeled items which are designed for recreational use but do not meet the exact definitions of items defined herein. RECREATIONAL VEHICLE TRAILER: A vehicle with or without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle, or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. REHABILITATION HOME: Any residential facility located in a dwelling, under federal, state or municipal licensing, which provides a home environment with room and board and recreational personal counseling or other rehabilitative services, generally of nonmedical nature, to not more than twenty five (25) individuals who require specialized assistance in order to achieve personal independence. A rehabilitation home is limited to mentally ill, chemically dependent, or alcohol dependent individuals and abused individuals. RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research investigation, testing or experimentation, development or research of products or of new and emerging technology, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory or as otherwise permitted in this chapter. RESIDENTIAL CARE HOME: Any residential facility which under state or municipal licensing, provides a home environment with services or treatment to persons with certain physical, mental, or social disabilities while functioning as a single unit. A residential care home shall include the following: family care home, group care home, and rehabilitation home. SPECIAL MEETING - September 13, 2016 Page 396 of 449 Updated September 2, 2016 RESUBDIVISION: The division or consolidation of a previously divided lot or parcel; including alteration of public rights of way, easements and other changes of the subdivision. RETAIL ESTABLISHMENT: Any building or use where the primary occupation is the sale of merchandise and services directly to and for use by consumers, except not institutional, commercial and industrial consumers or for resale. RETAINING WALL: A freestanding structure designed and constructed to support a mass of earth or resist lateral earth pressures. RETENTION (WET BOTTOM): Refer to section 15.202 of this code. RIGHT OF WAY: Refer to section 15.202 of this code. SENIOR HOUSING: Housing in which all dwelling units are intended, designed, maintained, and operated exclusively for occupancy by persons sixty two (62) years of age or older. SHED: Small accessory building, larger than an Outdoor Storage Cabinet, whether or not placed on a permanent foundation, that is designed to store household items and equipment necessary to maintain and keep up the primary structure and the property that it is located upon. SHOPPING CENTER: A business development containing four (4) or more indoor retail stores, connected by party walls, developed under one ownership, with an integrated building arrangement having an aggregate floor area of more than twenty thousand (20,000) square feet, which developed with its off street accessory parking facilities shall be considered as a single unit. Shopping centers shall include all retail sales and service facilities except drive-in and/or automotive sales and service. SHOPPING CENTER, REGIONAL: A business development containing ten (10) or more indoor retail stores connected by party walls and developed under one ownership, with an integrated building arrangement, having an aggregate floor area of more than one hundred thousand (100,000) square feet and located on a lot at least twenty (20) acres in size with off street accessory parking facilities. The development shall be considered as a single unit. SIGHT TRIANGLE: A triangular area established at the intersection of two (2) streets or a street and a driveway in which nothing is erected, planted, placed or allowed to grow SPECIAL MEETING - September 13, 2016 Page 397 of 449 Updated September 2, 2016 so as to limit or obstruct the sight distance of motorists. Such a triangle shall have legs of ten feet (10') along the rights of way when two (2) streets intersect or when a right of way and a driveway intersect. SITE PLAN: Refer to section 15.202 of this code. SOLAR ENERGY CONVERSION SYSTEM: A solar photovoltaic device that converts solar energy into electricity or mechanical energy that can be used to power machinery, appliances, or generators. STOOP: A platform at the entrance to a building with a maximum dimension of eight feet (8') in width and five feet (5') in depth. STREET: Refer to section 15.202 of this code. STRUCTURAL ALTERATIONS: Any change in the supporting members of a structure, including bearing walls, columns, beams and/or girders. STRUCTURE: Refer to section 15.202 of this code. STRUCTURE MOUNTED ANTENNA: A structure mounted antenna is typically located on structures such as streetlights, traffic lights, water towers, utility poles and sides and roofs of buildings. STRUCTURE, TEMPORARY: Any structure that is not permanently located, placed, or affixed in the place where it is or where it is intended to be placed. SUBDIVISION: Refer to subsection 15.103A of this code. TAVERN: For purposes of the zoning ordinance only, a tavern is a building or portion of a building where alcoholic beverages are sold to be consumed on the premises. Such facilities would not include restaurants where the principal business is serving food. TERRACE: A landscape treatment of mounded earth, rock wall, railroad tie wall, or other retaining device used to modify steep grade differences on a lot. A terrace shall not include a patio or deck surface. SPECIAL MEETING - September 13, 2016 Page 398 of 449 Updated September 2, 2016 THEATER: Any building or structure designed for the enactment of dramatic or of musical performances and/or showing of motion pictures with audience seating and open to the general public without age restrictions. A dinner theater shall be deemed a restaurant. TRELLIS: A decorative feature, linearly constructed of latticed or patterned materials, used to support climbing plants, that is no more than 25% opaque. TRUCK TERMINAL: Either end of a carrier line orjunction joint with other lines having classifying yards or dock facilities, management offices, storage sheds and freight and passenger stations for state licensed trucks. UNENCLOSED PORCH: A roofed, open structure, without walls, screens, or windows, attached to and part of a structure, with direct access to and from the structure. UNIFORMITY RATIO: The average or maximum level of illumination in relation to the lowest level of illumination for a given area. UNLICENSED WIRELESS SERVICES: Commercial mobile services that can operate on public domain frequencies and, therefore, need no federal communications commission (FCC) license for each cell site. UNPERMITTED SECOND HOUSEKEEPING UNIT: Any living quarters, located in a single-family residential zoning district that: A. Is within the walls of another dwelling unit or physically connected to a detached single-family home; and B. Contains its own kitchen unit that is in addition to the main kitchen unit in the residence; and C. Does not have free and unlimited physical access to the remainder of the dwelling unit. UNIQUE USE: A use not listed as a permitted use, special use or conditional use within any zoning district. USE: Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied. Also, any activity, occupation, business or operation carried on, or intended to be carried on, in or on a structure or on a tract of land. VARIATION: A dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property which, because of unusual or unique circumstances, is denied by this code. SPECIAL MEETING - September 13, 2016 Page 399 of 449 Updated September 2, 2016 VEHICLE TRAILER: A wheeled vehicle, including a recreational vehicle trailer, without its own motor power, that is designed to transport any material, object or objects and that is designed so that it is eligible to be licensed or registered for highway use. VILLAGE: The village of Mount Prospect. VILLAGE MANAGER: Refer to section 15.202 of this code. WAREHOUSE, STORAGE: A business that receives and stores goods of others for compensation or profit. WHIP ANTENNA: A thin rod that beams and receives a signal in all directions. WHOLESALE ESTABLISHMENT: Any building, business or use where the primary occupation is the sale of merchandise in gross for resale to the retail dealers and/or use or resale of merchandise by institutional, commercial, and/or industrial businesses. WIND ENERGY CONVERSION SYSTEM: An apparatus for converting the energy available in the wind to electricity or mechanical energy that can be used to power machinery, appliances, or generators. YARD: The required minimum open space on a lot between a lot line and building setback line which is unoccupied and unobstructed from grade upward, except as provided in the general provisions of this chapter. Exterior Side: A side yard abutting a street. Front: A yard extending along the full width of the front lot line between the side lot lines and the front building setback line. Interior Side: A side yard adjacent to another lot or tract of land. Rear: A yard extending along the full width of the rear lot line between the side lot lines and the rear building setback line. Side: A yard extending along the side lot line from the front yard to the rear yard and measured between the side lot and building setback line of the property. ZONE: A mapped area of the village of Mount Prospect, exclusive of streets, alleys and other public ways, within which certain uses of land, premises and buildings are permitted when constructed and used in accordance with this code. (Ord. 5253, 5-21- 2002; amd. Ord. 5290, 11-19-2002; Ord. 5304, 2-4-2003; Ord. 5380, 11-4-2003; Ord. 5426, 4-20-2004; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013; Ord. 6147, 7-15-2014) SPECIAL MEETING - September 13, 2016 Page 400 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 Article III PUBLIC STREETS AND SIDEWALKST 9.301: CONSTRUCTION SPECIFICATIONS: 9.302: OBSTRUCTIONS AND ENCROACHMENTS REGULATED: 9.303: OPENINGS: 9.304: DRIVEWAY AND DRIVE AISLE APRONS: 9.305: PRIVATE USE: 9.306: PROHIBITED ACTS: 9.307: COMMERCIAL USE OF SIDEWALK SPACE, SPECIAL PERMIT (REP. BY ORD. 5313, 3-18-2003): 9.308: EXISTING OBSTRUCTIONS WITHIN SIGHT TRIANGLES; VIOLATIONS; HEARINGS: 9.301: CONSTRUCTION SPECIFICATIONS. All street, sidewalk and alley pavement shall be constructed in conformity with the specifications as detailed in chapter 16, article III of this code. (Ord. 5253, 5-21-2002) 9.302: OBSTRUCTIONS AND ENCROACHMENTS REGULATED: 'Z I12 It shall be unlawful for any person, firm or corporation to erect, construct, cause, create or maintain any obstruction or encroachment on any street, alley, sidewalk, any other public right of way or on any public property except as such obstruction or encroachment may be authorized by this section, by special permit under section 14.311 of this code or by any other ordinance or provision of this code. A. Encroachments Prohibited: 1. It shall be unlawful for any person to install, construct or maintain any "encroachment" (as defined in section 9.201 of this chapter) within the roadway right of way of Golf Road, as improved, by the state of Illinois, division of highways, between Mount Prospect Road and the westerly corporate limits of the village, under the project known as Golf (Evanston -Elgin) Road (FA Route 58) SBI state section 582-R and 582-R.1. 2. It shall be unlawful for any person to erect or cause to be erected, to retain or to be retained, any "encroachment" (as defined in section 9.201 of this chapter) within the existing rights of way at the intersection of U.S. Route 14 (FAP Route 20) and Central Road (FAS 124), state section 27 -CS. 3. It shall be unlawful for any person to erect or cause to be erected, to retain or to be retained, any "encroachment" (as defined in section 9.201 of this chapter) SPECIAL MEETING - September 13, 2016 Page 401 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 within the roadway rights of way of Illinois Route 83, (FAS Route 124) as improved, by the state of Illinois, division of highways, between Evergreen Avenue and Central Road (FAS Route 128) in the village, under the project known as Mount Prospect section 44 -CS, MFT. 4. It shall be unlawful for any person to erect or cause to be erected, or to retain or cause to be retained, any "encroachment" (as defined in section 9.201 of this chapter) within the roadway rights of way of Euclid Avenue throughout the jurisdiction and the corporate limits of the village as said Euclid Avenue is improved by the state of Illinois, division of highways, in the village, under the project known as "Section 111-0608-M.F.T.". 5. It shall be unlawful for any person to erect, or cause to be erected, install or maintain any "encroachment" (as defined in section 9.201 of this chapter) within the roadway rights of way of Route 45 (River Road) at its intersection with Willow Road and Kensington Road (Foundry Road), under project FAP Route 124, state section 1983-028N, village section 83 -00076 -00 -TL. 6. It shall be unlawful for any person to erect, or cause to be erected, installed or maintained any "encroachment" (as defined in section 9.201 of this chapter) within the roadway right of way of Route 83 (Elmhurst Road/Main Street) between Northwest Highway and Camp McDonald Road, under project FAP Route 872, state section (9713 and 3192) RS -83, village section 83 -00075 -00 -TL. B. Mailboxes As Exceptions: United States postal service approved mailboxes are permitted within a public right of way under the following conditions: 1. The front face of the mailbox, once mounted, shall be twelve inches (12") from the back of the curb, or if no curb is present, shall be twenty four inches (24") from the road pavement. 2. The distance from grade to the bottom surface of the mailbox shall be forty eight inches (48"). 3. The mailbox may be mounted on a mounting structure of the following sizes and materials, and no others: a. A wood post of which the area of an average cross section may not be more than sixteen (16) square inches. b. A metal post not more than two and one-half inches (21/2") in outside diameter. 4. Permitted mounting structures may be affixed to a concrete slab; if said slab does not exceed the existing grade in height and is not larger than twenty four inches by twenty four inches (24" x 24") square and eighteen inches (18") deep. SPECIAL MEETING - September 13, 2016 Page 402 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 5. Residents should take all necessary precautions to prevent damage to any existing utilities located in the parkway. 6. Any nonconforming mailbox or mailbox mounting structure shall be brought into compliance with the terms of this subsection B within twelve (12) months of its adoption. C. Entrance Markers As Exceptions: Entrance markers privately owned, maintained, and installed on public rights of way in existence on October 1, 1997, as set forth on a schedule kept by the village clerk, shall be considered an exception to the prohibited encroachments, subject to: 1. The entrance marker shall be maintained by and at the sole expense of the homeowners or business owners whose property or subdivision is delineated by the entrance marker. 2. No entrance marker located solely on a public right of way may be expanded in any manner. Work on such entrance marker shall be limited to maintaining the entrance marker in a state of good repair consistent with the very same design and structure as existed on October 1, 1997. 3. No existing landscaping planted as part of an entrance marker shall be permitted that violates the regulations governing sight obstructions as defined in section 9.308 of this article. All new landscaping within the public right of way, including the replacement of existing landscaping, shall be subject to the restrictions contained in section 9.709 of this chapter. 4. If an entrance marker is damaged, the village may assist the appropriate association, neighborhood or subdivision representative in obtaining reimbursement for repair or replacement. 5. In the event an entrance marker on the public right of way falls into disrepair, the village may, in its sole discretion, declare the entrance marker a nuisance which may be abated in the manner provided by law. Notice of the declaration of a nuisance may be given by posting the entrance marker for five (5) consecutive days with a sign stating the village's intent to remove the entrance marker. In order to repair an entrance marker, a permit must be obtained from the village. D. Use Of Streets For Building Purposes: 1. It shall be unlawful to cause an excavation to be made in a street, parkway or alley, or to occupy any portion of any street or alley for the storage of building materials intended for use in the construction or remodeling of a building or structure unless a street obstruction permit has first been obtained from the director of community development. The permit shall terminate upon the completion of the building. SPECIAL MEETING - September 13, 2016 Page 403 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 2. No such building material shall be so placed as to render inaccessible any fire hydrant, water valve, manhole or obstruct the natural water drainage of any street, nor shall more than one-half (1/2) of the width of the street immediately in front of the property be so obstructed. The extent of the use of the streets or alleys for this purpose shall be at the discretion of the director of public works. 3. It shall be unlawful to mix mortar, concrete or any other materials upon the surface of sidewalks or street pavement. 4. Any person to whom a street or alley obstruction permit is issued shall place sufficient lighted warning lanterns and barricades as determined by the director of public works clearly showing any excavation or pile of material to the public, and shall maintain such lanterns during the whole of every night for as long as the street is used for storage of any material. Such warning lanterns and barricades shall also be maintained in connection with the moving of a building. 5. As determined by the director of public works, any person who shall cause any excavation to be made in any street, parkway, alley or within six feet (6') of a street, sidewalk or alley shall erect and maintain a substantial barricade railing around same and place sufficient light warning lanterns clearly showing the barricade to the public and maintain them during the whole of every night for as long as excavation exists. 6. In the event that sufficient warning lanterns are not provided or properly maintained around such material, excavation or building that is being moved, the department of public works may place and maintain the required lanterns, charging for this service at the rate set forth in appendix A, division II of this code. This charge shall be deducted from deposits as required in subsection 15.802C of this code. E. Other Obstructions: 1. Drains: It shall be unlawful to obstruct any drain in any public street or alley. 2. Poles And Wires: It shall be unlawful to erect any poles or wires or maintain any poles or wires over any public street, place, alley or other public way without having first secured permission from the director of public works. 3. Gas Pumps: It shall be unlawful to maintain or erect any gasoline pump or tank in any public street, alley or sidewalk. F. Street Obstruction Permit Fees; Deposits: No street, alley, parkway or other public property shall be obstructed without a special permit first having been secured from the director of community development. SPECIAL MEETING - September 13, 2016 Page 404 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 1. The fee for such street, alley or parkway obstruction permit shall be as set forth in appendix A, division II of this code. 2. Upon the discontinuance of the use of such street, alley or parkway, the amount due for the special obstruction permit shall be deducted from the deposit and the difference returned. 3. The validity of such permit shall not exceed ninety (90) days after the date of issuance of same. 4. Said permit may be renewed for an additional thirty (30) days with the approval of the director of community development, and in such event the applicant shall pay an additional fee as set forth in appendix A, division II of this code. 5. The permit fee for the opening of a street, sidewalk or alley for the purpose of making connections to the sewer, water, gas or electric piping shall be as set forth in appendix A, division II of this code. (Ord. 5253, 5-21-2002) 9.303: OPENINGS: Z IU It shall be unlawful to construct or maintain any opening or stairway in any public street or alley or sidewalk or other public place without a permit from the director of community development and director of public works. All such lawfully maintained openings shall be guarded by a suitable strong cover or railing, to the approval of the director of community development and director of public works. (Ord. 5253, 5-21-2002) 9.304: DRIVEWAY AND DRIVE AISLE APRONS Z I:21 It shall be unlawful to construct or maintain any driveway or drive aisle apron in or across any public walk in the village where this necessitates any interference with or change in the grade of any public sidewalk, curb or parkway without having first obtained a permit from the director of community development as detailed in chapter 15 of this code. All driveway or drive aisle aprons shall be constructed in conformance with the construction specifications detailed in section 16.306 of this code. The fee for such permit shall be as required in section 15.803 of this code, and as set forth in appendix A, division II of this code. It shall be the responsibility of the owner of the property which the driveway or drive aisle serves to maintain said driveway or drive aisle apron. Maintenance responsibilities include, but are not limited to, the following: A. Keeping the apron pavement in good repair. B. Keeping the apron free from snow and ice or any obstruction. SPECIAL MEETING - September 13, 2016 Page 405 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 C. Keeping any culverts underneath the apron in good repair and free of any debris. (Ord. 5253, 5-21-2002) 9.305: PRIVATE USE: T' ..- 12 It shall be unlawful for any person to use any street, sidewalk or other public place as space for the display of goods or merchandise; or to write or mark any signs or advertisements on any such pavement; or for any other commercial purposes, except where such private use is authorized by special permit under section 14.311 of this code. (Ord. 5253, 5-21-2002) 9.306: PROHIBITED ACTS: Z 111 A. Damage To Pavements: It shall be unlawful to walk upon or drive any vehicle or animal upon, or damage any newly laid street or alley pavement while the same is guarded by a warning sign or barricade; or to knowingly injure any street, sidewalk or alley pavement. B. Deposits On Streets: It shall be unlawful to deposit on any street, any material which may be harmful to the pavement thereof, or any waste material, or any glass, or other articles which may cause injury to any person, animal or property. C. Deposits On Sidewalks: It shall be unlawful to deposit on any public sidewalk any material, which may be harmful to the pavement thereof, or any waste material, or any glass or other articles which might cause injury to persons, animals or property. Merchandise or other articles may be deposited on sidewalks preparatory to delivery, provided that the usable width of the sidewalk is not thereby reduced to less than four feet (4'); and provided that no such article shall remain on such walk for more than one-half (1/2) hour. (Ord. 5253, 5-21-2002) 9.307: COMMERCIAL USE OF SIDEWALK SPACE, SPECIAL PERMIT: (Rep. by Ord. 5313, 3-18-2003) 9.308: EXISTING OBSTRUCTIONS WITHIN SIGHT TRIANGLES; VIOLATIONS; HEARINGS: Zi IU After December 1, 1992, no berming, planting of evergreens or shrubs, or placement of any objects on public property along a street shall be permitted, except as authorized elsewhere in this code. It is recognized, however, that certain existing plantings and berms may be retained on public property. The following regulations shall apply to those obstructions installed or constructed prior to, and which remain: SPECIAL MEETING - September 13, 2016 Page 406 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 A. Sight Triangle Determined: 1. Stopping Sight Distance: Adequate visibility is to be provided along the approaches of two (2) streets at an intersection and across their included corners for a distance sufficient to allow drivers, approaching simultaneously, to see each other in time to prevent a collision. Stopping sight distance is the sum of the distance traversed by a vehicle from the instant the driver sights an object necessitating a stop to the instant the brakes are applied and the distance required to stop the vehicle from the instant brake application begins. Factors include the vehicle speed, reaction time of the driver, friction factor between tires and roadway, and grade of the roadway. The stopping sight distance shall meet the requirements of the following equation: SSD = 1.47*V*t + (V2)/[30(f.g)] SSD = stopping sight distance, feet V = vehicle speed, mph t = reaction time, sec f = friction factor g = grade on the approach, decimal equivalent The equation comes from "A Policy On Geometric Design Of Highways And Streets", AASHTO. Using the above equation, the following table depicts stopping sight distances. Assumptions include t = 2.5 sec, f = 0.5, level terrain, eye height of 3.5 feet, object height of 4.25 feet, passenger cars only and dry pavement. When able to be obtained, the vehicle speed shall be the measured 85th percentile speed. Else, the posted speed limit is to be used. SPECIAL MEETING - September 13, 2016 Page 407 of 449 Stopping Vehicle Sight Speed Distance (mph) (Feet) 20 100 25 130 30 170 35 210 40 250 45 300 50 350 SPECIAL MEETING - September 13, 2016 Page 407 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 Longer stopping sight distances may be required for locations which deviate from these assumptions. For special circumstances, the appropriate stopping sight distance shall be determined using "A Policy On Geometric Design Of Highways And Streets" as a guideline along with the approval of the director of public works. 2. Intersection Sight Distance: Adequate visibility is to be provided for a driver to make a safe departure from a stopped position on the minor street and complete the turning maneuver onto or travel through the major street. Intersection sight distance is the distance measured along the major street of the driver's visibility of traffic conditions along the major street when stopped on the minor street. The stop position of the driver is a point four feet (4') behind the stop bar or four feet (4') behind the stop sign or closest traffic signal if a stop bar is not present. The intersection sight distance shall meet those requirements shown on the following table: Speed Intersection On Major Sight Street Distance (mph) (Feet) 20 230 25 300 30 380 35 480 40 590 45 710 50 840 55 990 The intersection sight distances are derived from "A Policy On Geometric Design Of Highways And Streets", AASHTO. Assumptions include level terrain, two (2) lane major street, stop control on minor street, eye height of 3.5 feet, object height of 4.25 feet, passenger cars only and dry pavement. When able to be SPECIAL MEETING - September 13, 2016 Page 408 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 obtained, the vehicle speed shall be the measured 85th percentile speed. Else, the posted speed limit is to be used. Intersection sight distances shall be interpolated for speeds that are not indicated on the above table. Longer intersection sight distances may be required for locations which deviate from these assumptions. For special circumstances, the appropriate intersection sight distance shall be determined using "A Policy On Geometric Design Of Highways And Streets" as a guideline along with the approval of the director of public works. 3. Sight Triangle: At an uncontrolled or yield controlled intersection, the legs of the triangle shall be the minimum stopping sight distance for each street. The measurement along the street shall commence at the edge of the travel lane on the cross street closest to the approaching vehicle and be measured along the center of the travel lane for which the stopping sight distance applies. At a stop controlled or signalized intersection, the leg of the triangle along the major street shall be the minimum intersection sight distance. The measurement along the major street shall commence at the edge of the travel lane on the minor street closest to the approaching vehicle and be measured along the center of the travel lane for which the intersection sight distance applies. For multilane major streets, the through lane closest to the centerline shall apply as the travel lane for approaching vehicles to the right of the minor street and the curb lane shall apply as the travel lane for approaching vehicles to the left of the minor street. The leg of the triangle along the minor street shall be the distance from the edge of the travel lane on the major street closest to the vehicle on the minor street to a point four feet (4') behind the stop bar or four feet (4') behind the stop sign or closest traffic signal if a stop bar is not present. The measurement shall be made along the center of the travel lane on the minor street. At the intersection of a street and driveway the leg of the triangle along the major street shall be the minimum intersection sight distance. The measurement along the street shall commence at the edge of the driveway closest to the approaching vehicle and be measured along the center of the travel lane for which the intersection sight distance applies. For multilane streets, the through lane closest to the centerline shall apply as the travel lane for approaching vehicles to the right of the driveway and the curb lane shall apply as the travel lane for approaching vehicles to the left of the driveway. The leg of the triangle along the driveway shall be the distance from the edge of the travel lane on the street closest to the vehicle on the driveway to a point ten feet (10') from the pavement edge of the street. The measurement shall be made along the center of the d riveway. 4. Definitions: For the purposes of determining intersection sight distances and sight triangles, the following definitions shall apply: SPECIAL MEETING - September 13, 2016 Page 409 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 MAJOR STREET: The cross street to a vehicle stopped at an intersection. MINOR STREET: The roadway on which a vehicle is stopped at an intersection. B. Sight Triangles Regulated: Within a sight triangle, the area from three feet (3') to six feet (6') above the top of the curb, or edge of the pavement on a street with no curbs, shall be kept free and clear of any obstruction. A single stemmed tree shall be considered to be an obstruction only if its trunk, as measured six inches (6") above the ground exceeds three inches (3") in diameter and the lowest growth from its branches is lower than six feet (6') above the top of the curb or edge of the pavement. An obstruction within a sight triangle that is identified by village staff or a resident as being unsafe shall be inspected by the director of public works according to the standards in this section. If the director of public works determines that the planting or berm constitutes a sight obstruction, a written order to prune or remove the obstruction shall be served on the property owner by regular mail. If the obstruction is not eliminated or an appeal filed within thirty (30) days of such notice, the village reserves the right to cause such obstruction to be pruned, modified or removed and to bill the owner for the cost of the work. A property owner may appeal the order to prune or remove by filing with the director of public works a written request for review by the village transportation safety commission. The request for review must be filed within thirty (30) days of mailing of the order. The decision of the transportation safety commission shall be binding unless appealed to the president and board of trustees of the village by filing a written notice of appeal with the village manager within fourteen (14) days of the transportation safety commission's decision. In any hearing before the transportation safety commission or review by the president and board of trustees, it shall be the burden of the person desiring to keep the planting, berm or object to prove by clear and convincing evidence that such does not constitute a sight obstruction. The inquiry of the transportation safety commission and/or the president and board of trustees shall be limited to: 1. Whether the plantings or berms violate a regulation of article VI I of this chapter; or 2. Whether the plantings, objects or berms actually limit the view of motorists, cyclists or pedestrians. For regulatory purposes, the sight triangle shall not include private property. Private property shall be subject to the provisions of Section 14.320. SPECIAL MEETING - September 13, 2016 Page 410 of 449 CHAPTER 9: PUBLIC UTILITITES, PAVEMENT, AND TREES UPDATED 9/2/16 C. Assumption Of Risk: Any berming or any planting or keeping of evergreen trees or shrubs, or objects on public property, a right of way or easement is done at the risk of the adjacent property owner. The village shall not be responsible for the replacement of any planting or berm or repair of any object of any kind or nature maintained by any person or private property owner within a public right of way or easement. Additionally, by the act of berming, planting or keeping of evergreen trees or shrubs or placement of any object on public property the person so doing covenants and implies consent to defend and hold the village harmless against any claims by any party for damages or injury that allegedly resulted from the evergreen trees, shrubs, berms or objects. (Ord. 5253, 5-21-2002; amd. Ord. 5867, 7-19-2011). SPECIAL MEETING - September 13, 2016 Page 411 of 449 CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES UPDATED 9/2/16 Article II RULES AND DEFINITIONS'Z U 15.201: RULES: 15.202: DEFINITIONS: 15.201: RULES 'I C The following rules of construction apply to the text of this chapter: A. Words used in the present tense shall include the future, and the words used in the singular number shall include the plural number, and the plural the singular. B. The word "shall" is mandatory and not discretionary. C. The word "may" is permissive. D. The word "person" includes an individual, partnership, firm, corporation, association, or other legal entity. E. In the case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control. F. Terms not herein defined shall have the meanings customarily assigned to them, or, if questioned, as defined in Webster's unabridged dictionary. (Ord. 5253, 5-21- 2002) 15.202: DEFINITIONS:'I= The following definitions shall apply in the interpretations and enforcement of this chapter: ABUTTING: Having a common border with, or being separated from such a common border by a right of way, alley or easement. ADMINISTRATIVE SUBDIVISION: A subdivision that may be approved by the director of community development and does not require a public meeting before the planning and zoning commission or approval by the board of trustees. ALLEY: A public or private way permanently reserved as a secondary means of access to abutting properties. APPLICANT: The property owner or his/her authorized representative proposing that a SPECIAL MEETING - September 13, 2016 Page 412 of 449 CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES UPDATED 9/2/16 parcel of land be subdivided, developed, rezoned, and/or receive approval for a conditional use, text amendment, exception, variation or change in the comprehensive plan. BLOCK: Refer to section 14.2401 of this code. BUILDING: Refer to section 21.501 of this code. BUILDING DIVISION: The building division of the department of community development. BUILDING PERMIT: A permit issued by the village of Mount Prospect for the construction of any building, development, site improvement or maintenance. BUILDING SETBACK LINE: See definition of Building Line in section 14.2401 of this code. CCHD: The Cook County highway department. CERTIFICATE OF COMPLETION: The certificate issued by the director of community development which permits the use site construction (excluding construction of a new building), or of minor remodeling of an occupied building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit. CERTIFICATE OF OCCUPANCY: The certificate issued by the director of community development which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit. CHARITABLE ORGANIZATION: Any not for profit corporation, association or foundation organized and operated exclusively for charitable purposes that qualifies for tax exemption status under section 501(c)(3) of the internal revenue code. COMPREHENSIVE PLAN: Refer to section 14.2401 of this code. CONTROL OR OWNERSHIP: Any person, agent, firm or corporation having a legal or equitable interest in the property or having the legal authority to act on behalf of all owners, which shall be evidenced by deed, contract or other written guarantee. CUMULATIVE: The summation of work performed since this ordinance became effective. DAMAGE: Any direct loss of property by fire, windstorm, flooding, vandalism, accident SPECIAL MEETING - September 13, 2016 Page 413 of 449 CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES UPDATED 9/2/16 or act of God. DEDICATION: A plat that designates an area of land for public uses. DENSITY: Refer to section 14.2401 of this code. DEPARTMENT OF COMMUNITY DEVELOPMENT: The department of community development of the village of Mount Prospect. DEPARTMENT OF FINANCE: The department of finance of the village of Mount Prospect. DEPARTMENT OF PUBLIC WORKS: The department of public works of the village of Mount Prospect. DETENTION (DRY STORAGE): The temporary on site storage of stormwater runoff, which does not include any permanent water surface. DEVELOPMENT: Refer to subsection 15.103B of this chapter. DEVELOPMENT CODE: The "village of Mount Prospect development code" including this chapter and chapters 14 and 16 of this code. DEVELOPMENT PLAN: The documentation, both written and diagrammatic, which sets forth the improvements proposed for any given or proposed subdivision or resubdivision. DEVELOPMENT REGULATIONS: Those regulations pertaining to development. Refer to section 15.401 of this chapter. DEVELOPMENT SCHEDULE: A specific construction program detailing the phases, stages and timing of a construction project. DIRECTOR OF COMMUNITY DEVELOPMENT: The director of community development of the village of Mount Prospect, or the director's duly authorized agent(s). DIRECTOR OF FINANCE: The director of finance of the village of Mount Prospect, or the director's duly authorized agent(s). DIRECTOR OF PUBLIC WORKS: The director of public works of the village of Mount Prospect, or the director's duly authorized agent(s). DRIVE AISLE: That portion of a parking lot used for the movement of vehicles DRIVE AISLE APRON: That portion of a drive aisle located in a public right of way. SPECIAL MEETING - September 13, 2016 Page 414 of 449 CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES UPDATED 9/2/16 DRIVEWAY: A paved surface used for access to a single-family residential property from the public right of way. DRIVEWAY APRON: That portion of a driveway located in the public right of way. DWELLING: A building, or portion thereof, designed or used exclusively for residential occupancy. Not included are hotels, motels, rooming, boarding or lodging houses. EASEMENT: An authorization or grant by the property owner of one or more of the property rights for the use by another person or entity for a specific purpose. EXCEPTION: A dispensation permitted as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property which, because of unusual or unique circumstances, is denied by this code. FIRE CHIEF: The fire chief of the village of Mount Prospect or the fire chief's duly authorized agent(s). FRONTAGE: The narrowest portion of a lot or parcel which abuts a public street. GUARANTEE: A form of security, including cash escrow, letter of credit, or similar instrument acceptable by the village to assure that required improvements are completed, operating properly, or adequately maintained. HARDSHIP: A practical difficulty in meeting the requirements of this chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances. IDOT: The Illinois department of transportation. IMPROVEMENT REGULATIONS: Those regulations pertaining to improvements to a property. Refer to this chapter. IMPROVEMENTS: Any building, structure, object or change to the natural state of the land on which they are situated which increases its utility, value, or habitability. Private: Any such improvement for which the responsibility of ownership and maintenance will be retained by the property owner, lessee, or association of owners. Public: Any such improvement for which the responsibility of ownership and maintenance will be assumed by the village, another governmental unit, or a public utility, or which is constructed for general public use or benefit. INSTITUTIONAL: Any public or private school, library, hospital, church, or any other place of public assembly. SPECIAL MEETING - September 13, 2016 Page 415 of 449 CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES UPDATED 9/2/16 LOCAL GOVERNMENTAL BODY: Any of the following governmental bodies: county, township, municipality, municipal corporation, school district, forest preserve district, park district, fire protection district, sanitary district, library systems and all other local governmental bodies. LOT, CORNER: Refer to section 14.2401 of this code. LOT DEPTH: Refer to section 14.2401 of this code. LOT, FLAG: Refer to section 14.2401 of this code. LOT, INTERIOR: Refer to section 14.2401 of this code. LOT LINE: Refer to section 14.2401 of this code. LOT (LOT OF RECORD): Refer to section 14.2401 of this code. LOT, THROUGH: Refer to section 14.2401 of this code. LOT, UNIMPROVED: Refer to section 14.2401 of this code. LOT WIDTH: Refer to section 14.2401 of this code. MWRD: Metropolitan water reclamation district of greater Chicago. MAINTENANCE: Refer to subsection 15.103D of this chapter. NET ACRE: The total land area remaining on a development site after all rights of way are dedicated. NONPROFIT ORGANIZATION: An organization subject to and organized under the Illinois general not for profit corporation act of 1986, for any one or more of the following or similar purposes: charitable, benevolent, educational, civic, patriotic, religious, social, athletic, or scientific. OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property. PARK: Refer to section 14.2401 of this code. SPECIAL MEETING - September 13, 2016 Page 416 of 449 CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES UPDATED 9/2/16 PARKING LOT: PARKING LOT: An open area other than a street or public way, used for the storage of first division motor vehicles as defined in Chapter 18 of the Village Code, for limited periods of time. Such storage may be free, for compensation, or as an accessory use for customers and employees of a business, or residents and guests of a multi -family development. Parking Lots with storage of second division motor vehicles may occur as accessory uses only, when such storage is directly associated with the principal use. Parking lots by definition shall include drive aisles immediately accessing parking stalls. PARKWAY: That part of the public right of way not occupied by the street pavement and located between the back of the curb, or edge of pavement on streets with no curbs, and the right of way line, as well as the raised dividing strip of a roadway. (Where a sidewalk exists, the right of way line is often, but not always, 1 foot behind the sidewalk.) The exact location of the right of way line shall be as indicated on a plat of survey. PLANNED UNIT DEVELOPMENT: Refer to section 14.2401 of this code. PLANNING AND ZONING COMMISSION: The commission of appointed officials authorized by the village board to review subdivision plats and associated code exception requests from this chapter and chapters 14 and 16 of this code, and other duties assigned by the village board. PLAT: A map or chart of a parcel(s) of land. Final Plat: A map of all or part of a subdivision or resubdivision and any supporting documentation, providing substantial conformance with the engineering and site plans. Plat Of Survey: A map of a parcel or lot depicting boundaries of the property, and the location of all buildings, structures, and improvements with precise dimensions indicated. Preliminary Plat: A tentative map indicating the proposed layout and showing all required details of a subdivision. PUBLIC UTILITY: Any person(s), firm, corporation, municipality, or other public authority providing natural gas, electricity, water, telephone, telegraph, storm sewer, sanitary sewer, cable television, transportation, or other services of a similar nature. RESUBDIVISION: The division or consolidation of a previously divided lot or parcel, including alteration of public rights of way included in a subdivision. RETENTION (WET BOTTOM): The permanent on site storage of stormwater runoff. SPECIAL MEETING - September 13, 2016 Page 417 of 449 CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES UPDATED 9/2/16 RIGHT OF WAY: A strip of land acquired by or dedicated to benefit the public and occupied or intended to be occupied by a street, walkway, railroad, public utility, parkway trees, or other similar use. SIGHT TRIANGLE: Refer to section 14.2401 of this code. SITE PLAN: A plan, prepared to scale, showing accurately, and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses, parking, landscaping, and principal site development features proposed for a specific parcel of land. STREET: An area which provides for vehicular and pedestrian access to abutting land or to other streets. A street includes the entire right of way and any improvements which may be located within the right of way. Streets may be classified as "arterial", "collector" or "local" as defined in section 18.133 of this code. Many arterial streets are also under the jurisdiction of IDOT or CCHD. These are listed below: Streets under IDOT jurisdiction: Algonquin Road (Route 62) Busse Road - Golf to Tollway (1-90) Central Road, except between Rand and Wolf Dempster Street - Redwood to Algonquin Golf Road (Route 58) Northwest Highway (Route 14) Oakton Street Rand Road (Route 12) River Road Route 83 Streets under CCHD jurisdiction: Busse Road - Central to Golf Camp McDonald Road Dempster Street; except between Redwood and Algonquin Euclid Avenue Mount Prospect Road In addition, streets may fall under the following classifications - Cul -De -Sac- A local street, one end of which is closed and consists of a circular turnaround or other village approved turnaround design. Frontage Road: A street parallel and adjacent to an arterial designed to provide direct access to abutting properties or local streets and with controlled access to the arterial. SPECIAL MEETING - September 13, 2016 Page 418 of 449 CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES UPDATED 9/2/16 Private Street: For purposes of this chapter, a private street is defined as an undedicated street which is privately owned and maintained. Also see section 18.133 of this code. Public Street: A street which has been formally dedicated to and accepted by a public body. STRUCTURE: An object that can be built and is permanently located in or upon the land and/or permanently affixed to such an object. SUBDIVIDER: Any individual(s), firm, corporation, trust, or other legal entity having an interest in land that is the subject of a subdivision or resubdivision. SUBDIVISION: Refer to subsection 15.103A of this chapter. USE: Refer to section 14.2401 of this code. VILLAGE: The village of Mount Prospect, Cook County, Illinois. VILLAGE ENGINEER: The village engineer of the village of Mount Prospect, or other person designated by the director of public works. VILLAGE MANAGER: The village manager of the village of Mount Prospect, or the village manager's duly authorized agent(s). YARD: Refer to section 14.2401 of this code. ZONING ORDINANCE Prospect, Illinois. (Ord. 2015) Chapter 14 of the municipal code of the village of Mount 5253, 5-21-2002; amd. Ord. 5426, 4-20-2004; Ord. 6206, 7 -7 - SPECIAL MEETING - September 13, 2016 Page 419 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 Article III PAVING, SIDEWALK, CURB AND GUTTER' u 16.301: GENERAL: 16.302: DESIGN REFERENCES: 16.303: STREET PAVEMENT: 16.304: PAVEMENT ON PRIVATE PROPERTY: 16.305: CURB AND GUTTER: 16.306: DRIVEWAYS: 16.307: SIDEWALK: 16.308: FIRE LANES: 16.309: BIKE PATHS: 16.310: MAINTENANCE OF TRAFFIC: 16.301: GENERAL:Z IU The arrangement, character, extent, width, grade and location of all streets to be dedicated to the public, all parking lots and all private streets shall be compatible and complimentary to existing and planned streets, to reasonable circulation of traffic within any development and adjoining lands, to topographical conditions, to runoff of storm water, to public convenience and safety, and in their relations to the proposed uses of the area to be served. All traffic intersections and confluences must encourage safe and efficient traffic flow. (Ord. 5253, 5-21-2002) 16.302: DESIGN REFERENCES: 121 All pavements shall be designed in accordance with one or more of the following references as they apply: A. "Standard Specifications For Road And Bridge Construction", Illinois department of transportation, latest edition. B. "Manual For Structural Design Of Portland Cement Concrete Pavement", Illinois department of transportation, latest edition. C. "Manual Of Instruction For The Structural Design Of Bituminous Pavements On Projects Involving MFT And FAS Funds", Illinois department of transportation, latest edition. D. "Design Manual", Illinois department of transportation, latest edition. E. "Transportation And Traffic Engineering Handbook", Institute of Transportation Engineers, latest edition. SPECIAL MEETING - September 13, 2016 Page 420 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 F. "Manual On Uniform Traffic Control Devices", U.S. department of transportation, latest edition. G. The village of Mount Prospect zoning code. H. The village of Mount Prospect subdivision and site improvement standards. I. The village of Mount Prospect site construction standards. (Ord. 5253, 5-21-2002) 16.303: STREET PAVEMENT:'Zi 111 A. Structural Requirements: All street pavement, both public and private, shall be designed in accordance with the previously referenced specifications and manuals. The design thickness shall be dependent on the soil support value, Illinois bearing ratio (IBR), and the projected traffic factor; however, in no case shall the structural numbers be less than those shown in table III -1 of this section. A copy of all design assumptions and computations shall be submitted to the director of public works for review and approval. TABLE III -1 STRUCTURAL REQUIREMENTS B. IBR Values: All subgrade material shall have a minimum IBR of 3.0. The soil support IBR values selected for use by the design engineer shall represent a minimum value for the soil to be used. Copies of the test for IBR values for each material used shall be submitted to the director of public works. SPECIAL MEETING - September 13, 2016 Page 421 of 449 Structural Number 1BR Major arterial 5.00 3.0 Collector streets within w 3.00 3.0 residential districts Collector streets in all 4.00 3.0 other districts Cul-de-sacs and local streets 2.50 3.0 within residential districts Cul-de-sacs and local streets 3.50 3.0 in all other districts B. IBR Values: All subgrade material shall have a minimum IBR of 3.0. The soil support IBR values selected for use by the design engineer shall represent a minimum value for the soil to be used. Copies of the test for IBR values for each material used shall be submitted to the director of public works. SPECIAL MEETING - September 13, 2016 Page 421 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 C. Allowable Pavement Construction Materials: Allowable pavement construction material, strength requirements, and minimum thickness requirements be as indicated in table III -2 of this section. In addition, all bituminous binder and surface shall conform to the current IDOT specifications for superpave mixes and testing. TABLE III -2 ALLOWABLE PAVEMENT CONSTRUCTION MATERIALS (minimum 28 day design compressive strength = 3,500 psi) D. Grades: Minimum gradient on streets shall be six -tenths percent (0.6%). Maximum gradients on streets shall be: 1. Local streets, including cul-de-sacs: Seven percent (7%). 2. All other streets: Five percent (5%). E. Vertical Curves: Vertical curves shall be constructed at all changes in street gradient where the algebraic difference in gradients is greater than or equal to one and one-half percent (11/2%). The length of the vertical curve shall be one hundred feet (100'), plus fifty feet (50') for each one percent (1.0%) that the algebraic difference in gradients exceeds one and one-half percent (11/2%). F. Horizontal Curves: Horizontal curves may be permitted. The minimum radius for horizontal curves shall be two hundred feet (200') for minor streets and four hundred feet (400') for all other streets. Minimum one hundred foot (100') tangents shall be introduced between reverse curves on all streets. G. Materials Testing: 1. At least one standard Proctor density test performed in accordance with AASHTO T99, shall be taken on each type of material used for embankment or encountered in the subgrade. SPECIAL MEETING - September 13, 2016 Page 422 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 2. Density tests performed by a qualified soils engineer in accordance with AASHTO T191 or by other methods approved by the director of public works shall be done at a maximum fifty foot (50') spacing. Embankments and subgrade shall be compacted to not less than ninety five percent (95%) of the standard laboratory density. Copies of all density tests results shall be submitted to the director of public works. 3. Upon completion of the compaction of the embankment and subgrade a roll test with a fully loaded single rear axle six (6) wheel truck shall be done at the direction of the director of public works prior to placing any type of curb and gutter or base material. 4. A density test on base course and surface course materials shall be performed by an approved soils and materials consultant. The density test shall be taken at maximum one hundred foot (100') spacings. Copies of all density test results shall be submitted to the director of public works. Upon completion of the compaction of the base course a roll test with a full loaded single rear axle six (6) wheel truck shall be done at the direction of the director of public works. 5. Class I binder course shall be constructed after the director of public works has approved the base course construction. 6. All materials shall meet the requirements of the "Standard Specifications For Road And Bridge Construction", Illinois department of transportation, latest edition. Concurrent with the construction of any pavement the developer shall furnish the director of public works with copies of the certificates of testing from the Illinois department of transportation bureau of materials or an approved testing laboratory. H. Pavement Markings: All pavement markings on public streets shall conform to the "Manual On Uniform Traffic Control Devices", and shall be marked with thermoplastic unless otherwise directed by the director of public works. (Ord. 5253, 5-21-2002) 16.304: PAVEMENT ON PRIVATE PROPERTY: i 1:21 All construction on private property in a subdivision or development shall conform to the requirements stated herein. No private improvements may be considered for future acceptance by the village unless constructed in accordance with section 16.303 of this article. A. Parking Lots: 1. All parking lots shall be designed in conformance with chapter 14, article XXII of this code. SPECIAL MEETING - September 13, 2016 Page 423 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 2. All parking lot pavement shall be designed in conformance with: a. The minimum structural number for bituminous concrete pavement shall be 2.0 for parking stalls areas and a minimum structural number of 2.5 for aisles and fire lanes; b. The minimum thickness for concrete pavement shall be six inches (6") 3. Combination concrete curb and gutter type 136:12 or concrete barrier curb type B shall be constructed around the perimeter of all parking lots and around all islands within parking lots. 4. Striping of the pavement surface to define each parking stall is required and shall be a minimum of four inches (4") wide for the length of the stall per specifications in Chapter 14, article XXII. All areas designated as fire lanes and/or "No Parking" shall be painted with yellow stripes. 5. Any location within parking lots intended for storage of trash containers shall be constructed of concrete rather than bituminous surface and shall be enclosed with an approved screen or enclosure. B. Private Streets: All streets that serve as access or frontage to subdivided lots shall be dedicated to the public unless specific approval is granted by the village board. When any private streets are constructed the following shall apply: 1. Design: Private streets shall conform to the requirements for public streets as stated in section 15.405 of this code regarding general layout and design and intersections and offsets. 2. Construction: Private streets shall conform to the requirements for public streets as stated in section 16.303 of this article regarding pavement design and specifications. 3. Sidewalks: Sidewalks shall be constructed along private streets and where necessary to provide access from parking areas to buildings. Sidewalks shall have a minimum clear width of five feet (5') where separated from the curb by a grass parkway of at least two feet (2') in width. Where the sidewalk abuts the back of curb, or the grass parkway is less than two feet (2') wide, the sidewalk shall have a clear width of seven feet (7'). 4. Bike Paths: Whenever constructed, bike paths shall comply with the requirements stated in section 16.309 of this article. SPECIAL MEETING - September 13, 2016 Page 424 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 5. Easements: Easements shall be required for any development in order to provide for placement of public utilities, protection of residential uses, continuity of waterways, and pedestrian access. Easements shall be located whenever necessary to ensure these objectives and shall be subject to the use, design, and location conditions stated in subsection 15.305D of this code. (Ord. 5253, 5-21- 2002) 16.305: CURB AND GUTTER: lti 1:21 Curbs and gutters shall be constructed in accordance with the village standard details, including the following specifications: A. Combination curb and gutter type 136:12 shall be constructed on both sides of all streets. Depressed curbs shall be provided at all driveways. Intersection sidewalk crossings shall be ramped for the handicapped. B. Two (2) number 4 reinforcing bars shall be placed continuously between expansion joints. Expansion joints shall be doweled and spaced at no more than sixty feet (60') on center and at tangent points of all radii. Control joints shall be provided at fifteen feet (15') on center and shall consist of a saw cut minimum of one and one-half inches (11/2") deep. (Ord. 5253, 5-21-2002) 16.306: DRIVEWAYS a ICS A. General: 1. Design: All driveway designs shall be consistent with the projected traffic volume, type of traffic, and type of roadway, and shall be subject to the review and approval of the village. All driveways shall meet the minimum standards of the zoning ordinance and this chapter. 2. Distance And Number: Driveway access to arterials shall be kept to a minimum. Whenever possible adjacent uses shall share common driveway access to arterials. The minimum distance between driveways on arterials shall be three hundred feet (300'), unless otherwise permitted upon review by the director of community development and the director of public works. 3. Driveway Apron: It is the responsibility of the owner to properly maintain the driveway apron. 4. Use Of Wire Mesh: Wire mesh shall not be permitted in the public right of way. Wire mesh may be installed in a driveway on private property only. SPECIAL MEETING - September 13, 2016 Page 425 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 5. Driveway Removal: Any driveway removal must include the stone base, as well as the driveway pavement, within the limits of the public right of way. All disturbed grass areas within the right of way shall then be restored with topsoil and sod in accordance with section 16.904 of this chapter. B. Single -Family Driveways: 1. Driveway pavement (including aprons) shall be constructed of: a. Minimum five inch (5") concrete with a minimum two inch (2") compacted aggregate base course, or b. Minimum two inch (2") class I bituminous surface with a minimum eight inch (8") compacted aggregate base course. c. Brick or exposed aggregate concrete base driveways are permitted, subject to the requirements detailed in subsection D of this section. 2. Driveway aprons for single-family residential buildings shall be the width of the driveway as permitted by the zoning ordinance and shall be three feet (3') wider at the curb. This additional width at the curb shall not be considered when determining the maximum driveway width. Exceptions to the minimum apron width may be approved by the director of public works to avoid parkway obstructions. C. Non -Single Family Drive Aisles and Aprons: 1. Drive Aisles On Non -Single Family Property: Drive aisles within a site shall be constructed to parking lot specifications at a minimum. Drive aisles with high volume of truck traffic shall increase the structural strength of the pavement. 2. Drive Aisle Aprons: Non -single family drive aisle aprons shall have a width equal to the approved drive aisle width at the property line. Drive aisle design shall be based upon a width of twelve feet (12') per lane. Any drive aisle designed for three (3) or more lanes, or drive aisles greater than twelve feet (12') in width per lane, shall be striped or divided, as approved by the village. The drive aisle apron shall have a minimum fifteen foot (15') radius return at the street. D. Brick Driveway Aprons: Brick driveway aprons or exposed aggregate concrete may be installed by the property owner, subject to the following conditions: 1. The brick driveway shall be gapped around the public sidewalk. 2. It shall be the responsibility of the property owner to pay for the repair or replacement of brick or exposed aggregate concrete driveway aprons when SPECIAL MEETING - September 13, 2016 Page 426 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 damaged or in need of repair as a result of the repair of public utilities, streets or sidewalks. (Ord. 5253, 5-21-2002) 16.307: SIDEWALK: ii U A. General: Sidewalks shall be provided within all developments. Sidewalks shall be constructed along both sides of all streets and shall be five feet (5') in width except in the B-5 and B -5C zoning districts, where they shall be seven feet (7') in width. Sidewalks shall be located within the public right of way one foot (1') from the right of way line. Brick sidewalks shall only be permitted in nonresidential zoned districts. B. Construction: 1. Sidewalks shall conform to the requirements of section 624, Portland cement concrete sidewalk; "Standard Specifications For Road And Bridge Construction"; Illinois department of transportation, latest edition, and the village development code. 2. Sidewalks within the public right of way shall be a minimum of five inches (5") thick, except at driveways where the thickness shall be a minimum of six inches (6"). 3. Sidewalks on private property, outside of areas designated for vehicle traffic, may have a minimum thickness of four inches (4"). 4. Three (3) number 5 reinforcing bars ten feet (10') long shall be placed in the sidewalk at all trench crossing locations. 5. Construction joints shall be placed at five foot (5') spacing. 6. Sidewalks shall be placed on a two inch (2") well compacted CA -6 stone base course. C. Handicapped Ramps: Handicapped ramps shall be installed within all developments to provide a safe pedestrian crossing where streets intersect and where the director of public works determines said ramps are needed. The design and construction of all ramps must be approved by the director of public works and in conformance with local state and federal codes. (Ord. 5253, 5-21-2002) 16.308: FIRE LANES ii 121 Fire lanes shall be provided for in accordance with the requirements detailed in section 24.103 of this code. (Ord. 5253, 5-21-2002) SPECIAL MEETING - September 13, 2016 Page 427 of 449 CHAPTER 16 - SITE CONSTRUCTION STANDARDS UPDATED 9/2/16 16.309: BIKE PATHS • ICS Whenever constructed within the village, public bike paths shall conform to the following standards: A. Bike paths shall be a minimum of eight feet (8') in width to provide for two-way traffic. B. The minimum construction of any bike path shall consist of a six inch (6") type B aggregate base course, placed on an acceptable subgrade approved by the director of public works, with a two inch (2") bituminous surface course. C. Bike paths shall have removable posts placed at all locations necessary to prevent vehicular traffic from entering the paths. D. Construction of any bike path shall conform to the "Standard Specifications For Road And Bridge Construction", Illinois department of transportation, latest edition and this article. (Ord. 5253, 5-21-2002) 16.310: MAINTENANCE OF TRAFFIC ti I1:21 A. Streets: All construction activities requiring the use or opening of any portion of street pavement shall provide traffic control in accordance with the following: 1. Streets under state or county jurisdiction shall provide traffic control devices as prescribed in the IDOT standards for traffic control. 2. Streets under village jurisdiction shall provide control devices as prescribed in the "Manual Of Uniform Traffic Control Devices", current edition. B. Sidewalks And Bike Paths: Any person installing or repairing any sidewalk, bike path, or other public place or making an excavation in the same, shall maintain suitable barricades to prevent injury of any person or vehicle by reason of the work; such barricades shall be protected by suitable lights at nighttime. C. Interference With Barricades: It shall be unlawful to disturb or interfere with any barricade or lights lawfully placed to protect or mark any new pavement or excavation or opening in any public street, alley or sidewalk. (Ord. 5253, 5-21-2002) SPECIAL MEETING - September 13, 2016 Page 428 of 449 CHAPTER 21 — BUILDING CODE Article V DEFINITION&Z 21.501: DEFINITIONS OF WORDS AND PHRASES: 21.501: DEFINITIONS OF WORDS AND PHRASES:'tI121 UPDATED 9/2/16 Whenever in this chapter the following words and phrases are used, they shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this article, except when the context in which they are used indicates otherwise: AGGRIEVED PARTY: One suffering from an alleged infringement or denial of his legal rights by reason of a decision or ruling of the director of community development. ALCOVE: A recess connected with or at the side of a larger room, with an unobstructed opening into such room equal to at least twenty percent (20%) of the entire wall surface of the alcove. ALLEY: A public way within a block, generally giving access to the rear of lots of buildings and not used for general traffic circulation. ALTERATION: As applied to a building or structure, a change or rearrangement of rooms or spaces, the structural parts, the means of egress, or an enlargement whether by extending a side or by increasing the heights, or the moving from one location or position to another. APARTMENT: A room or suite of two (2) or more rooms in an apartment building occupied as a family domicile where provision is made for living, sleeping, cooking and eating within the room or suite of two (2) or more rooms. APARTMENT BUILDING: Any building which contains apartments. APPROVED: Approved by the director of community development under the provisions of this chapter, or by other authority designated by this code to give approval or to be used as a standard in the matter in question. APPROVED MASONRY: Masonry constructed of brick, stone, concrete, hollow block, solid block or combination of these materials, or other materials approved by the director of community development. AREA: A. Building Dimensions: As applied to the dimensions of a building, the maximum horizontal area of the building at or above grade. SPECIAL MEETING - September 13, 2016 Page 429 of 449 CHAPTER 21 — BUILDING CODE UPDATED 9/2/16 B. Floor Surface: As applied to floor surface measurement, the horizontal projected floor area inside of exterior enclosure walls or between exterior walls and firewalls. C. Pool Area: The apron immediately adjacent to a swimming pool extending to a minimum of five feet (5') from the said pool. ATTIC: The space between the ceiling beams of the top story, and the roof rafters, and containing no habitable room. AUTOMATIC USE: Automatic as applied to fire protection devices, automatic refers to a device or system that provides an emergency function without the necessity of human intervention and activates as a result of a predetermined temperature rise, or rate of temperature rise or increase in the level of combustion products, such as is incorporated in an automatic sprinkler system, automatic fire door, etc. BASEMENT: That portion of a building having no more than three feet (3') of its floor to ceiling height above the average level of the adjoining finished grade. BATHROOM: A room containing a tub, shower compartment or other facilities for bathing. BEARING WALL: A wall which supports any load in addition to its own weight. BOARD OF TRUSTEES: The board of trustees of the village of Mount Prospect. BOILER ROOM: A room containing the fuel burning equipment and/or fuel storage for a heating or power generating system. BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy. BUILDING, BUSINESS: A building occupied for the transaction of business, for the rendering of professional services, for the display and sale of goods, wares and merchandise, for the supplying of food, drink or other bodily needs or comforts, or for the performance of certain work or labor, including, among others, office buildings, stores, markets, restaurants, not excluding factories, storage or warehouse buildings. BUILDING, FRAME: Buildings having a wood frame or having brick, stone or stucco veneering on a wood frame which wholly or partly serves as the structural support of the building or its load. BUILDING, INSTITUTIONAL: A building in which persons are harbored to receive medical, charitable or other care or treatment; or in which persons are held or detained by reason of public or civic duty or for correctional purposes, including, among others, hospitals, asylums, sanitariums, firehouses, police stations and jails. SPECIAL MEETING - September 13, 2016 Page 430 of 449 CHAPTER 21 — BUILDING CODE UPDATED 9/2/16 BUILDING LINE: The line established by deed or law, beyond which a building shall not extend, except as specifically provided for in the zoning code or other ordinance of the village. BUILDING, PUBLIC: A building in which persons congregate for civic, political, educational, religious, social or recreational purposes, including, among others, courthouses, schools, colleges, libraries, museums, exhibition buildings, lecture halls, churches, assembly halls, lodge rooms and dance halls. BUILDING, SKELETON: A building composed of only structural framework, or a rigid supportive or protective structure or shell. BULKHEAD: A raised portion of floor construction and the partition enclosing it, which provides headroom for a stair flight or, when in connection with store show windows, provides a means for light and ventilation to the basement space below. CEILING: The overhead covering of a room. CEILING HEIGHTS: The clear vertical distance from the finished floor to the finished ceiling. CEMENT FLOOR: A floor not less than four inches (4") in thickness of concrete composed of one part Portland cement, three (3) parts of sand and five (5) parts of crushed stone or gravel. CEMENT LIME MORTAR: A mixture of one part of hydrated lime to not more than six (6) parts of sand, proportioned by volume, with an addition of not less than ten percent (10%) of Portland cement to the lime by volume. CEMENT MORTAR: A mixture of one part of Portland cement and not more than three (3) parts of sand, proportioned by volume, with an allowable addition of hydrated lime not to exceed twenty percent (20%) of cement volume. CERTIFICATE OF COMPLETION: Refer to section 15.202 of this code. CERTIFICATE OF OCCUPANCY: Refer to section 15.202 of this code. CHIMNEY OR FLUE: A vertical, or approximately vertical, conduit through which smoke and/or gases of combustion escape to the outer air. CLERK OR VILLAGE CLERK: The village clerk of the village. CLOSET: A nonhabitable room used for storage. CONCRETE: SPECIAL MEETING - September 13, 2016 Page 431 of 449 CHAPTER 21 — BUILDING CODE UPDATED 9/2/16 A. Except when otherwise specifically provided, "concrete" shall mean a mixture of one part of Portland cement and not more than three (3) parts of sand and five (5) parts of crushed stone or gravel, all proportioned by volume. B. "Reinforced concrete" means Portland cement concrete in which steel is embodied in such a manner that the two (2) materials act together in resisting forces. DEAD LOADS: The weight of all permanent structural and nonstructural components of a building, such as walls, floors, roofs, ceilings, stairways and fixed service equipment. DEPARTMENT OF COMMUNITY DEVELOPMENT: Refer to section 15.202 of this code. DEPARTMENT OF FINANCE: Refer to section 15.202 of this code. DEPARTMENT OF PUBLIC WORKS: Refer to section 15.202 of this code. DIRECTOR OF COMMUNITY DEVELOPMENT: The director of community development of the village of Mount Prospect, or the director's duly authorized agent(s). DIRECTOR OF FINANCE: Refer to section 15.202 of this code. DIRECTOR OF PUBLIC WORKS: Refer to section 15.202 of this code. DISTRICTS: The zoning districts as described in the zoning ordinance of the village of Mount Prospect. DWELLING: Any building which contains one or two (2) "dwelling units" used, intended, or designed to be built, used, rented or leased, which are occupied for living purposes. DWELLING, UNIT: Refer to section 14.2401 of this code. EGRESS: A means or route of exit from a room or building including a doorway, passage, corridor, stairway or fire escape. ELEVATOR: A hoisting and lowering mechanism equipped with a car or platform which moves in guides for the transportation of individuals or freight in a substantially vertical direction through successive floors or levels of a building or structure. ENCLOSING WALLS: A wall separating the interior of a building from the exterior. Such walls may act as bearing walls, enclosing walls or curtain walls. EXIT: That portion of a means of egress which is separated from all other spaces of a building or structure by construction and opening protectives as required for exits to provide a protected way of travel to the exit discharge. Exits include exterior exit doors, exit stairways, exit passageways and horizontal exits. SPECIAL MEETING - September 13, 2016 Page 432 of 449 CHAPTER 21 — BUILDING CODE UPDATED 9/2/16 FAMILY: An individual, two (2) or more persons related by blood, marriage or law, or a group of not more than any five (5) persons living together in a dwelling unit. Servants having common housekeeping facilities with a family consisting of an individual, or two (2) or more persons related by blood, marriage or law, are part of the family for this code. FENCE: Refer to section 14.2401 of this code. FLOOR: A horizontal or approximately horizontal system, other than a ceiling, used to support loads within a building (see also definition of Story). FLOOR AREA: Refer to section 14.2401 of this code. FLOOR AREA RATIO: Refer to section 14.2401 of this code. FOOTING: A construction supported directly on the ground which supports walls, piers and columns. FOUNDATION WALL: A wall or pier extending to or below frost level serving as support for a wall, pier, column or other structural part of a building. FURRING: A construction of wood, metal, masonry or other material, the sole purpose of which is to obtain a plane or contour for other surface materials. GARAGE: A building, shed or enclosure, or a part thereof, in which a motor vehicle is stored, housed or kept. GARAGE, PRIVATE: A garage for not more than three (3) motor vehicles in which no business or industry connected directly or indirectly with motor vehicles is carried on. GARAGE, PUBLIC: A garage not included within the term "private garage". HABITABLE ROOM: A room designed and intended for use and/or occupied by one or more persons for living, sleeping, eating or cooking; includes kitchens serving dwelling units, but does not include bathrooms, water closet compartments, laundries, pantries, storage rooms or below grade recreation rooms. HEIGHT OF BUILDING: The vertical distance of a building or structure as measured in feet, from the average finished grade to the highest point of the roof or parapet, if a flat roof, or the peak if a hip, gable, mansard, or gambrel roof. The average of the finished grade shall be measured from the two corner points of the building closest to the front lot line, and exterior side lot line if applicable, excluding open stoops, stairs or porches. Mechanical penthouses, chimneys and steeples shall not be included in measuring the height of buildings. SPECIAL MEETING - September 13, 2016 Page 433 of 449 CHAPTER 21 — BUILDING CODE UPDATED 9/2/16 HOLLOW BLOCK: A cellular building block of burnt clay or concrete in which cellular spaces within the blocks exceed twenty five percent (25%) of the gross cubic content of the block. KITCHEN: A room or an alcove containing cooking facilities and in which food may be prepared. LIME MORTAR: A mixture of one part slacked lime or hydrated lime not more than four (4) parts of sand proportioned by volume. LINTEL: A beam placed over an opening or recess in a wall which supports the construction above. LIVE LOAD: Those loads produced by the use and occupancy of the building, not including environmental loads such as wind loads, snow loads, earthquake loads or dead loads. MANAGER OR VILLAGE MANAGER: The village manager of the village of Mount Prospect. NEW CONSTRUCTION: An existing structure shall be considered as new construction and shall meet all of the provisions of this code and all other adopted codes and standards for new construction when either of the following conditions exist: A. The linear feet measurement of demolished exterior walls is greater than fifty percent (50%) of the total linear feet of the existing exterior walls (perimeter of the existing walls). For the purpose of this definition a wall is considered to be demolished when, in the opinion of the village engineer, the structural integrity of the wall has been compromised (no longer capable of supporting the structure) or when two (2) or more components of the wall are removed; or B. The square footage of the structure is increased by one hundred fifty percent (150%) of the existing structure's square footage. In single-family homes and townhomes the habitable square footage shall be used as a basis for determining the percentage of square footage increase. NONCOMBUSTIBLE: Any material which will not sustain fire. NONCOMBUSTIBLE CONSTRUCTION: A construction in which all materials used in the construction and finish are noncombustible to the point that the construction will not sustain fire. OCCUPIED: As applied to a building shall be construed as though followed by the words "or intended, arranged or designed to be occupied". SPECIAL MEETING - September 13, 2016 Page 434 of 449 CHAPTER 21 — BUILDING CODE UPDATED 9/2/16 OFFICE: A place where clerical work, writing or drafting is done, where clients are interviewed, professional services are rendered or where business is transacted without an immediate transfer of goods. OPEN AREA: With respect to fences, open area shall be determined so that any given square foot of such fence shall consist of not more than fifty percent (50%) fencing material including posts and rails. PANTRY: A space accessory to a dining room or kitchen for storage of dishes or food or for a preparation of food without the use of heat. PARAPET: A wall of approved masonry projecting above the roofline to prevent the spread of fire. PARKWAY: Refer to section 15.202 of this code. PARTIAL CERTIFICATE OF OCCUPANCY: A certificate of occupancy issued for a portion of a building or structure prior to completion of the entire building or structure. PARTY WALL: A wall of approved masonry used or adapted for joint use between two (2) buildings and shall comply with wall thickness as provided for under masonry construction. PATIO: A recreation area that adjoins a dwelling, is often paved, and is adapted especially to outdoor dining. PATIO ENCLOSURE: A screened seasonal leisure area which is attached to the principal structure, unheated and which is not intended to be used as a habitable room. PATIO SCREENING: A screen, preferably decorative, natural or artificial, which screen is placed adjacent to a patio for the purpose of concealing such patio. PERMITTEE: That person or persons authorized by the authority having jurisdiction to perform specific activity. PERSON: Every natural person, firm, copartnership, association or corporation. PETITIONER: Refer to section 14.2401 of this code. REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of maintenance. Repair does not include work that would affect the structural safety of the building or that would affect or change required exit facilities or that would affect the vital element of an elevator, plumbing, gas piping, wiring or heating installation, or that would be in violation of a provision of this code. SOLID ROCK: A building block of burnt clay or stone, gravel or cinder concrete in which SPECIAL MEETING - September 13, 2016 Page 435 of 449 CHAPTER 21 — BUILDING CODE UPDATED 9/2/16 cellular spaces within the block do not exceed in the aggregate twenty five percent (25%) of the gross cubic content of the block. SPRINKLERED: Equipped with an approved automatic sprinkler system containing an arrangement of piping and sprinklers designed to operate automatically by the heat of fire and to discharge water upon such fire. STAIRWAY: One or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one floor to another; including risers, treads, floor landings, stair platforms, supporting members, handrails, newel posts, balustrades and the enclosure of such stairs from the required exit to the exit door of the building or grade. A. Flight: A series of steps between successive landings and platforms. B. Landing: The floor space immediately adjoining the top or bottom of a flight. For an enclosed stair, the landing is the floor space within the enclosure. C. Open Stair: A stair without a complete enclosure. D. Step: A rise and adjoining tread. E. Tread: The horizontal width of a step not including the nosing. F. Width: The clear width of a stair between parallel required handrails or between a required handrail and a wall. An unrequired handrail shall not be considered in measuring stair width. STOP ORDER: An order, written or oral, to cease and desist any and all construction activities, which order is issued by the director of community development. STORY: That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. STREET: Refer to section 15.202 of this code. STRUCTURE: Any construction, or any production or place of work artificially built up or composed of parts joined together in some definite manner; including, but not limited to, stadia, gospel and circus tents, reviewing stands, platforms, radio towers, air conditioning compressor units, coal bins, fences, display of signs and poles connected by wires for the transmission of electricity. SWIMMING POOL: An artificial or semiartificial receptacle or other container for a body of water having a depth at any point of more than two feet (2') whether located indoors or outdoors, used or intended to be used for public, semipublic or private swimming by adults or children or both adults and children, whether or not any charge or fee is SPECIAL MEETING - September 13, 2016 Page 436 of 449 CHAPTER 21 — BUILDING CODE UPDATED 9/2/16 imposed upon such adults or children, operated and maintained by any "person" as defined elsewhere in this article, whether he be an owner, lessee, operator, licensee or concessionaire and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of same; including, but not limited to, the following: Hot Tub: A large tub usually wooden and normally filled with heated water used by adults and/or children to soak in. Swimming Pool, Excavated: Any swimming pool being constructed in whole or in part below the grade level and out of doors. Swimming Pool, Indoor: Any swimming pool so constructed as to be located in whole or in part within a structure or building in such manner as to become part of the real estate. Swimming Pool, Portable: Any prefabricated swimming pool which has a depth at any point of more than two feet (2'), which pool may be utilized without an excavation and which has an empty weight of less than two hundred (200) pounds, which weight shal be inclusive of all the appurtenances of the said pool. Swimming Pool, Public And Semipublic: All swimming pools operated and maintained in conjunction with or by clubs, motels, hotels, multi -unit buildings housing more than three (3) families, and community associates, and shall include any swimming pool other than a private residential swimming pool. Swimming Pool, Raised Deck: Any "swimming pool" as defined in this article being constructed in such manner as to have a flat floor, roofless area resting above the grade level, which raised deck shall lie immediately adjacent to and surrounding the upper edge of said pool which shall not be an excavated pool. Swimming Pool, Residential Private: A swimming pool located in any residentially zoned district used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it without payment of any fee. UNPROTECTED METAL CONSTRUCTION: Applies to buildings in which the structural supports are metal and in which the roofing and walls or other enclosures are of sheet metal or other incombustible materials, or of masonry deficient in thickness or otherwise and not conforming to approved masonry. VILLAGE ATTORNEY: The village attorney of the village of Mount Prospect. VILLAGE ENGINEER: The village engineer of the village of Mount Prospect, or other person designated by the director of public works. (Ord. 5339, 6-17-2003; amd. Ord. 53847 11-18-2003; Ord. 5426, 4-20-2004; Ord. 5746, 6-16-2009) SPECIAL MEETING - September 13, 2016 Page 437 of 449 Item V.: VILLAGE HALL PARKING DECK ELEVATOR ADDITION Department: Public Works Department Information: On April 5, 2016, the Village Board awarded a Phase 1 engineering contract to Desman Associates of Chicago, Illinois to assess the feasibility of adding a passenger elevator at the village hall parking deck. This proposed project was identified as a high priority initiative by the village board during the 2016 strategic planning process. The purpose of this proposed project is to improve access to parking for the Downtown Mount Prospect Business District in general, and for a proposed 30,000 square -foot restaurant and entertainment district bounded by Northwest Highway, Busse Avenue, and Route 83 in particular. The scope of work included assessing the existing site and structure; identifying utility and structural elements; establishing estimates of probable construction cost; and drafting concept plans of proposed solutions. This memorandum transmits Desman's final report. Desman has determined that the addition of an elevator in the southwest corner of the parking deck is feasible. For structural reasons, the elevator will have to be constructed outside the existing footprint of the parking deck. It was also determined there is sufficient capacity in the existing electrical service to add an elevator; elevator footing and parking deck foundation conflicts can be resolved through design; and a fagade emphasizing matching face brick for aesthetics and glass curtainwalls for security can be constructed. Desman prepared two (2) schemes as proposed solutions. Both schemes feature front and back cab doors to accommodate the basement Y2 story landing. The schemes primarily differ in orientation to the parking deck. Desman recommends Scheme 1. This design has an orientation aligned with the west wall of the parking SPECIAL MEETING - September 13, 2016 Page 438 of 449 deck, minimizing the protrusion from the parking deck. Staff concurs with this design recommendation. Alternatives: Discretion of the village board. Budget Impact: The estimated cost of constructing either proposed design (Scheme 1 or Scheme 2) is $760,500. This estimate includes a 12% contingency allowance. Recommendation: Staff has no recommendation at this time. Topic is presented for informational purposes only. No village board action is necessary. SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: INFRASTRUCTURE: Well designed, well maintained public spaces and facilities, DEVELOPMENT: Balancing preservation, revitalization, growth, COMMERCIAL BUSINESS DISTRICTS: Vibrant downtown and commercial areas ATTACHMENTS: Description Type Upload File Name Date Attachment A Cover 2016 07-18- D Desman Memo 9/7/2016 Mount Prospect_Village_Hall_Garage_Elevator_Feasibility- Final Report final.pdf D Attachment B Cover 9/7/2016 Scheme1.pdf —Scheme 1 Memo D Attachment C Cover 9/7/2016 Scheme2.pdf _Scheme 2 Memo SPECIAL MEETING - September 13, 2016 Page 439 of 449 1111E f� S I , �H , , A [ N July 15, 2016 Mr. Sean P. Dorsey Director Mount Prospect Public Works Department 1700 W. Central Rd. Mt. Prospect, IL. 60056 Re: Phase I Engineering for Passenger Elevator Addition to Public Parking Garage Dear Mr. Dorsey, DESMAN has completed the evaluation of the Mount Prospect Village Hall Parking Garage to determine the feasibility of adding a passenger elevator near the southwest corner of the existing structure. Our evaluation addressed all the pertinent items outlined in your Request for Proposals dated February 22, 2016. EXISTING SITE AND STRUCTURE(S) The existing Mount Prospect Village Hall Parking Garage is a 385 space four supported level parking structure constructed of precast concrete columns and double -T floors. The exterior walls are precast concrete spandrel panels with full-wythe masonry veneer. The footprint of the garage is approximately 238' in the East-West direction and 125' in the North-South direction. The building was constructed in 2003. There is an existing open concrete stair in the southwest corner which allows pedestrians to enter the grade/lower level of the garage from grade at the street level. The southwest corner of the garage houses the electrical service room, the fire pump room and the generator room. An exhaust pipe and vent pipe for the generator penetrate the west wall. The garage sets back from Main Street (IL. Rt. 83) edge of pavement approximately 32'-0". PROJECT EVALUATION DESMAN was retained by the Village of Mt. Prospect to evaluate the feasibility to add an elevator in the southwest corner of the existing parking garage facility. During this evaluation DESMAN was tasked with reviewing the existing Architectural and Structural drawings, review of MEP/FP drawings and existing conditions and review of site constraints to determine the viability of adding an elevator as outlined in the Village RFP. UTILITY EVALUATION/REQUIREMENTS DESMAN retained the services of RTM Engineering Consultants to review existing drawings and evaluate the existing electrical service to determine whether the service had enough spare capacity to accept the 2 o I I tlil'I .rl'll;r,� I,.rd,l�,cIII(,i'.1),11 t , o t , o 2 )I`.I/I'IIc.��°II VIi(,Ul::; "A226",'1 0 P// ";12 26,','10 SPECIAL MEED 1i 6- Sept�''"r : �;13 26,�6 it I i;l 11) )1!' I Jit I� r I i;j )l )I I' ✓ I.1!' 111 '/ (()IFT 1:11 f 1'11:: JI (�'I 1 `.I ill ]' P�66�i440 of 449 proposed elevator. RTM and DESMAN visited the site on July 6th and were given access to the three utility/service rooms in the southwest corner of the garage by Paul Fahey. The existing electrical service for the garage is rated at: 400A-277/480V-3ph-4W. Based on ComEd data, the existing service has experienced a peak demand of 78kW. The existing garage electrical service (meter# 141614702) has a spare capacity of approximately 60% which is sufficient to connect the proposed elevator. STRUCTURAL EVALUATION DESMAN reviewed the existing structural and architectural drawings and specifications to determine the feasibility of placing an elevator in the south portion of the west wall of the existing garage. Several challenges were recognized including tying the new foundations to the existing constructed conditions, providing openings in the existing precast spandrels, with full wythe brick veneer, to allow pedestrian access and providing a design which allowed a split level access condition due to the half level elevation difference at street grade to the lower level garage elevation. Based on our review and evaluation DESMAN would propose to use cast -in-place concrete foundation walls and footings, matching the existing foundation system, to support a structural concrete block and brick masonry wall to house the new elevator. Based on our review of the 2002 structural construction documents, prepared by DESMAN, the top of the existing garage footings are deep enough to not impact the new foundation walls proposed for the elevator. While the proposed elevator tower would sit just outside the current garage footprint, limited portions of the garage spandrel would be removed to provide pedestrian access from the garage to the elevator at each floor. These panels will need additional structural support and attachment once they are cut through. PHYSICAL SITE CONSTRAINTS DESMAN has developed two schemes for the layout and configuration of the proposed elevator in the southwest corner of the garage facility. Both schemes protrude from the building to the west, one 11'- 0" and one 17'-5". DESMAN met with Village of Mount Prospect representatives to review in progress option development on July 7th and it was brought to our attention that there may be a future IDOT right-of-way modification which could impact one scheme if implemented. Further investigation would need to be done but the team generally felt that the Scheme 1 (protruding 11'-0" to the west) was the favorable scheme and would not be impacted by any future right of way modifications. DESMAN evaluated existing protrusions from the generator exhaust piping on the west fagade just to the north of the proposed elevator core location. The lower portion of the existing exhaust pipe will be approximately 6'-3" above the garage concrete slab floor surface as you walk out of the lower level of the garage. The exhaust pipe is protruding one foot from the wall and then runs vertically up the wall about 10 feet. DESMAN has proposed a stair wall directly below this protrusion, below grade on both schemes, to address this issue. SPECIAL MEETING - September 13, 2016 Page 441 of 449 M A �k- -E'S proposed elevator. RTM and DESMAN visited the site on July 6th and were given access to the three utility/service rooms in the southwest corner of the garage by Paul Fahey. The existing electrical service for the garage is rated at: 400A-277/480V-3ph-4W. Based on ComEd data, the existing service has experienced a peak demand of 78kW. The existing garage electrical service (meter# 141614702) has a spare capacity of approximately 60% which is sufficient to connect the proposed elevator. STRUCTURAL EVALUATION DESMAN reviewed the existing structural and architectural drawings and specifications to determine the feasibility of placing an elevator in the south portion of the west wall of the existing garage. Several challenges were recognized including tying the new foundations to the existing constructed conditions, providing openings in the existing precast spandrels, with full wythe brick veneer, to allow pedestrian access and providing a design which allowed a split level access condition due to the half level elevation difference at street grade to the lower level garage elevation. Based on our review and evaluation DESMAN would propose to use cast -in-place concrete foundation walls and footings, matching the existing foundation system, to support a structural concrete block and brick masonry wall to house the new elevator. Based on our review of the 2002 structural construction documents, prepared by DESMAN, the top of the existing garage footings are deep enough to not impact the new foundation walls proposed for the elevator. While the proposed elevator tower would sit just outside the current garage footprint, limited portions of the garage spandrel would be removed to provide pedestrian access from the garage to the elevator at each floor. These panels will need additional structural support and attachment once they are cut through. PHYSICAL SITE CONSTRAINTS DESMAN has developed two schemes for the layout and configuration of the proposed elevator in the southwest corner of the garage facility. Both schemes protrude from the building to the west, one 11'- 0" and one 17'-5". DESMAN met with Village of Mount Prospect representatives to review in progress option development on July 7th and it was brought to our attention that there may be a future IDOT right-of-way modification which could impact one scheme if implemented. Further investigation would need to be done but the team generally felt that the Scheme 1 (protruding 11'-0" to the west) was the favorable scheme and would not be impacted by any future right of way modifications. DESMAN evaluated existing protrusions from the generator exhaust piping on the west fagade just to the north of the proposed elevator core location. The lower portion of the existing exhaust pipe will be approximately 6'-3" above the garage concrete slab floor surface as you walk out of the lower level of the garage. The exhaust pipe is protruding one foot from the wall and then runs vertically up the wall about 10 feet. DESMAN has proposed a stair wall directly below this protrusion, below grade on both schemes, to address this issue. SPECIAL MEETING - September 13, 2016 Page 441 of 449 OPINION OF PROBABLE CONSTRUCTION COSTS DESMAN developed an Opinion of Probable Construction Cost, attached, totaling approximately $760,500.00 which includes a 12% contingency. The proposed elevator is an electric, machine -room - less, gearless type, with glass back, front and side, depending on the option proposed. This price includes standard punched -opening type windows in the masonry shaft wall; providing a curtainwall in lieu of the standard windows would increase the budget by approximately $100,000. We have included a table indicating our opinion of probable construction costs broken down by item. DESMAN also solicited order of magnitude costs from two local general contractors which were used to further develop the Opinion of Probable Construction Cost. CONCEPTUAL PLAN AND ELEVATION OPTIONS DESMAN has developed two concept schemes for the proposed elevator addition. They are in the same general location (the southwest corner of the garage on the west wall). Scheme 1 is aligned more with the west wall of the garage while Scheme 2 is oriented more perpendicular to the west wall. Both schemes require an elevator that incorporates the use of front and back cab doors to allow entry from both the street level elevation as well as the lower level garage elevation. This type of cab design limits the amount of glass that can be incorporated into the interior of the cab. Our concept designs incorporate either a glass side condition or glass side with stainless steel framed glass doors at the front and back of the cab. ADVANTAGES/DISADVANTAGES OF PROPOSED SCHEMES SCHEME 1 ADVANTAGES • Larger Pedestrian Lobby • Shape and form of addition more harmonious with stair elements at north end of the west elevation • Structure protrudes less from building • Structure and entry to the elevator at street grade further from public sidewalk eliminating conflicts • Direct pedestrian view from lobby to the west looking at Rt. 83 • Less cost associated with side glass on both sides of the cab SCHEME 1 DISADVANTAGES • Curtainwall option slightly more expensive due to larger glass area • Less potential glass in elevator cabs (although not necessary for passive security) SCHEME 2 ADVANTAGES • Possibility for slightly less glass area due to orientation to street. SCHEME 2 DISADVANTAGES • Pedestrian Lobby smaller than desired SPECIAL MEETING - September 13, 2016 Page 442 of 449 M A �k­ _E'S OPINION OF PROBABLE CONSTRUCTION COSTS DESMAN developed an Opinion of Probable Construction Cost, attached, totaling approximately $760,500.00 which includes a 12% contingency. The proposed elevator is an electric, machine -room - less, gearless type, with glass back, front and side, depending on the option proposed. This price includes standard punched -opening type windows in the masonry shaft wall; providing a curtainwall in lieu of the standard windows would increase the budget by approximately $100,000. We have included a table indicating our opinion of probable construction costs broken down by item. DESMAN also solicited order of magnitude costs from two local general contractors which were used to further develop the Opinion of Probable Construction Cost. CONCEPTUAL PLAN AND ELEVATION OPTIONS DESMAN has developed two concept schemes for the proposed elevator addition. They are in the same general location (the southwest corner of the garage on the west wall). Scheme 1 is aligned more with the west wall of the garage while Scheme 2 is oriented more perpendicular to the west wall. Both schemes require an elevator that incorporates the use of front and back cab doors to allow entry from both the street level elevation as well as the lower level garage elevation. This type of cab design limits the amount of glass that can be incorporated into the interior of the cab. Our concept designs incorporate either a glass side condition or glass side with stainless steel framed glass doors at the front and back of the cab. ADVANTAGES/DISADVANTAGES OF PROPOSED SCHEMES SCHEME 1 ADVANTAGES • Larger Pedestrian Lobby • Shape and form of addition more harmonious with stair elements at north end of the west elevation • Structure protrudes less from building • Structure and entry to the elevator at street grade further from public sidewalk eliminating conflicts • Direct pedestrian view from lobby to the west looking at Rt. 83 • Less cost associated with side glass on both sides of the cab SCHEME 1 DISADVANTAGES • Curtainwall option slightly more expensive due to larger glass area • Less potential glass in elevator cabs (although not necessary for passive security) SCHEME 2 ADVANTAGES • Possibility for slightly less glass area due to orientation to street. SCHEME 2 DISADVANTAGES • Pedestrian Lobby smaller than desired SPECIAL MEETING - September 13, 2016 Page 442 of 449 Pedestrian view from lobby will be to north and south along building and will not allow as much passive security from the street looking in New Elevator tower would look less integrated with existing structure Structure and entry to the elevator at street grade within existing public sidewalk causing conflicts with pedestrians and existing paver walkway SUMMARY OF PRESENTED SCHEMES Scheme 1, in DESMAN's opinion, is the better scheme of the two presented. Scheme 1 protrudes less from the building and looks less like an added on element than Scheme 2. Also, given the possible IDOT right-of-way we believe that staying as close to the existing building as possible is a good idea. Scheme 2 would infringe on the existing paver walk and its intersection with that walk would look somewhat awkward compared to Scheme 1. This completes our report. Please contact us if additional information is needed. We would be happy to discuss our recommendations with you. Sincerely, DESMAN, Inc., r X9, z rda r Christopher Kourim Proiect Manager ,.. w _ks' Jeffery Henriksen, R.A. Vice President Cc: via e-mail bcooney@mountprospect.or pfahey@mountprospect.org smoe@mountprospect.org file SPECIAL MEETING - September 13, 2016 Page 443 of 449 M A �k­ _E'S Pedestrian view from lobby will be to north and south along building and will not allow as much passive security from the street looking in New Elevator tower would look less integrated with existing structure Structure and entry to the elevator at street grade within existing public sidewalk causing conflicts with pedestrians and existing paver walkway SUMMARY OF PRESENTED SCHEMES Scheme 1, in DESMAN's opinion, is the better scheme of the two presented. Scheme 1 protrudes less from the building and looks less like an added on element than Scheme 2. Also, given the possible IDOT right-of-way we believe that staying as close to the existing building as possible is a good idea. Scheme 2 would infringe on the existing paver walk and its intersection with that walk would look somewhat awkward compared to Scheme 1. This completes our report. Please contact us if additional information is needed. We would be happy to discuss our recommendations with you. Sincerely, DESMAN, Inc., r X9, z rda r Christopher Kourim Proiect Manager ,.. w _ks' Jeffery Henriksen, R.A. Vice President Cc: via e-mail bcooney@mountprospect.or pfahey@mountprospect.org smoe@mountprospect.org file SPECIAL MEETING - September 13, 2016 Page 443 of 449 ul m z U -S M N 12'10"W 346.40r as . m m aA m p BRWIC 9RUUdSNG ON COLUM'N:'5 ISI m., m. 9M .. I® iI5 fm NEW CONCRETE STAIR NEW MASONRY LOBBY ELEVATOR SHAFT REMOVE EXISTING NEW CONCRETE SIDEWALK EXTEND TO EXISTING WALK GRADE LEVEL PLAN SCALE: 1/8)) = V-0" Scheme 1 Village Hall Parking Garage - Elevator Addition Mount Prospect, IL SPECIAL MEETING - September 13, 2016 Page 445 of 449 SELECTIVE DEMOLITION AND REMOVAL OF EXISTING PRE -CAST CONCRETE PANEL @ EACH FLOOR FOR ELEVATOR ACCESS. I M as YPICAL LEVEL PLAN CALE: 1 /8" = V-0" June 2016 11� E S 11, A,k T/ RIDGE CA ELEV. 728.37'± B/ FASCIA V `ELEV: —721.097 VISION GLASS "A" VISION GLASS 'B' VISION GLASS "A' VISION GLASS "B' VISION GLASS "A' VISION GLASS "B' VISION GLASS 'A" VISION GLASS "B' _jk�RADE_ F� FASCIA V. " EL 721.0W VISION GLASS 'A" VISION GLASS *B' VISION GLASS "A VISION GLASS VISION GLASS "A" -- VISION GLASS "B" — VISION GLASS 'A" VISION GLASS "B" — — Scheme 1 ASPHALT SHINGLES ALT. CEDAR SHINGLE /—METAL RAILING 8x8 STOINEE, OPEN INSERT TYF. BRICK WEST ELEVATION SCALE: 1/16)) = V-0)) ASPALT SHINGLES X—i--��<—ALTH. CEDAR SHINGLE /—METAL RAILING ( -) BxB STONE INSERT TYP. OPEN BRICK =7 OPEN BRICK ELEV. 709.17 THIRD LEVEL ELEV. 697.83 SECOND LEVE ELEV 1� ST LEVEL A, 'VELEV. 675.17 "I'F� EV, 6/5 .6GRADE 'L FRY I I ELEV. 068.00 CURTAIN WALL SOUTH ELEVATION — CURTAIN WALL I E CONTROL WEST ELEVATION PUNCHED OP'G SCALE: 1/16" = 1'-0" Village Hall Parking Garage - Elevator Addition Mount Prospect, IL SPECIAL MEETING - September 13, 2016 Page 446 of 449 T/ SPANDiR_E E EV. — — i 1 2 '61 ,6,FOURT[I LEVEL "V ELEV. 709.17' � THIRD LEVEL '�'ETEV. 697.83' '�-EZS C'IND LEVEL . C — 7_ L­EV 56 50 F' T LEVEL E tESVA—g 75,17' SCALE: 1/16" = 1'-0" SOUTH ELEVATION SCALE: 1/16" = 1'-0" PUNCHED OP'G. June 2016 E:: < 0 e-+ O -Q 0 rD CD Oro Oro CD I M rD e-+ 0 CL 0 =3 cn rD 3 rD r%j Sf ECIAL MEETII �11 G - September 13, 2016 I 0 B U S S E A V E N U E I I P-7 cn FTI --u F— C:) F" Co') Sf ECIAL MEETII �11 G - September 13, 2016 I 0 B U S S E A V E N U E I I P-7 E:: < 0 v O -Q o rD C a1 Oro c� Oro CD M rD e -r O CL r -r o' � oiouu�ouui��� ��o�iuiuiuiuiuiuiuiuiuiuiuiuiu�ioNtlllg SPECIAL MEETI cn rD 3 rD N Al y M Y w n D F- M SRI w G - September 13, 2016 Page 448 of 449 J IV Ln zI-1TTI I �� C) 111111 �� II D` 0 FT -1 FT -1z X Fz z � ITl rn 0 ITl ITl ITl Fq M rn ���70 O D 0 C� <_— C7 FF -1 rl-1 O F71 O D O F- � z �:u z O FFI XC/)Oz -d X� cn F- — FT 1 z Fr -1 D FT -1 G) G) D D �70r D D - � z o G - September 13, 2016 Page 448 of 449 E:: < 0 e-+ O -Q 0 rD CD Oro rD I M rD e-+ 0 CL 2� r -t - cn rD 3 rD r%j C/) F— F9 rn n F— M SPECIAL MEETII FTI Cn FTI F— FTI 0 ;7 U) 0 C FTI F— FTI 0 ;:7 > > > > W 0 U, U� V, cn > G - September 13, 2016 Page 449 of 449