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HomeMy WebLinkAbout07. New Business5/1/2017 BoardDocs® Pro Agenda Item Details Meeting Apr 05, 2017 - REGULAR MEETING OF THE VILLAGE BOARD - 7:00 p.m. Category 7. NEW BUSINESS Subject 7.1 PZ -02-17 TEXT AMENDMENTS TO CHAPTER 14 OF THE VILLAGE CODE 1st reading of an 6.5' ORDINANCE AMENDING CHAPTER 14, "ZONING" OF THE VILLAGE CODE OF MOUNT PROSPECT, Des Plaines ILLINOIS Access Public Type Action Preferred Date Apr 05, 2017 Absolute Date Apr 05, 2017 Fiscal Impact No Recommended Approve text amendments amending the Zoning Ordinance (Chapter 14) of the Village Code. Action Goals 04. Zoning Ordinance: Revision Public Content Information The Community Development Department is seeking approval of text amendments to the zoning ordinance (Chapter 14) of the Village Code. The proposed text amendments are outlined below: Article III, Section 14.318 Fences and Walls The Village Code limits the height of fences in residential zoning districts to five feet (5') (with some exceptions allowing for 6'). However, the majority of fences available at home improvement stores come in standard four (4) or six (6) feet in height. This has required residents to custom order a fence or cut six foot (6') tall fence sections down by one foot in order to meet Village Code. Staff researched the fence regulations in ten surrounding communities and found the majority allowed six foot (6) tall fences. The table below indicates the permitted fence height in the surrounding communities: Municipality Exterior Side Yard Interior Side Yard Rear Yard Rolling Meadows 6.5' 6.5' 6.5' Des Plaines 4' 6' 6" Palatine 6' 6' 6' Prospect Heights 6' 6' 6' Wheeling 6' 6" 6' Elk Grove Village 6' 6' 6' Wood Dale 6' 6' 6' Schaumburg 5' S" 5' Arlington Heights 5" 5' S' https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 1/3 5/1/2017 BoardDocs® Pro By a vote of 5-0, the Planning and Zoning Commission recommended denial of the proposed code update to Article XXIV:: Definitions: Comments included: Commissioner Beattie indicated there were Facebook posts concerned about the existing Code language and whether it was a regulation or not. He indicated there were safety concerns for cyclists and runners at intersections. He referenced the vehicular tragedies that have occurred in or around Mount Prospect and voiced his concern with the removal of the reference to plantings. The homeowner of 210 S. Wille, Joseph Plata, attended the meeting to discuss landscaping within sight triangles and to speak on behalf of Kenneth L Brey, who submitted comments via email. Mr. Plata indicated he was a safety engineer and agreed with Mr. Brey's comments. He said he was confused as to why a recommendation to remove language from the definition was proposed instead of adding provisions to ensure landscaping and fencing were not within sight -triangles. Mr. Plata provided an alternative definition. Commissioner Youngquist indicated Mr. Brey's proposed definition unfortunately falls to the same issue found with the existing definition. Chairman Donnelly stated the Village Board should consider adding language to the Village Code to address the issues raised. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their April 5th meeting. Staff will be present to answer any questions related to this matter. Alternatives 1. Approve an ordinance amending Chapter 14 of the Village Code. 2. Action at discretion of Village Board. Staff Rrmimendation Staff recommends the Village Board approved the proposed text amendments to the Village Zoning Ordinance. Ordinance View of all amended sections.pdf (414 KB) Redline View of all amended sections.pdf (243 KB) PZ -02-17 Minutes 50 S Emerson.pdf (59 KB) PZ -02-17 Staff Report 50 S. Emerson Street (Chapter 14 -Text Amendments).pdf (30 KB) Administrative Content Executive Content Motion & Votin Approve text amendments amending the Zoning Ordinance (Chapter 14) of the Village Code. This revised ordinance amends: Article V, Section 14.504 -Planned Unit Developments Article VI: Land Use Table I Article XXII: Off-street Parking and Loading Motion by Michael Zadel, second by Steve Polit. Final Resolution: Motion Carries Yea: Paul Hoefert, Steve Polit, Colleen Saccotelli, Michael Zadel Not Present at Vote: John Matuszak, Richard Rogers https://www.boarddocs.comAl/vomp/Board.nsf/Private?open&login# 3/3 Planning & Zoning Commission Meeting February 23, 2017 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 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. Six Foot Fences: Fences up to six feet (6') 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. Chapter 14, Article III General Provisions Planning & Zoning Commission Meeting February 23, 2017 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. Chapter 14, Article III General Provisions Planning & Zoning Commission Meeting February 23, 2017 2. The proposed exceptions would not adversely impact the value or use of any other property. 3. Such exceptions are solely for the purpose of promoting better development which will be beneficial to the residents or occupants of the planned unit development as well as those of the surrounding properties. 4. In residential planned unit developments the maximum number of dwelling units allowed per acre shall not exceed forty eight (48) units per acre for developments incorporating senior housing or assisted living facilities. 5. All buildings are to be located within the planned unit development in such a way as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such buildings and shall conform to the following: a. The front, side or rear yard setbacks on the perimeter of the development shall not be less than that required in the abutting zoning district(s) or the zoning district underlying the subject site, whichever is greater. b. All transitional yards and transitional landscape yards of the underlying zoning district are complied with. c. If required transitional yards and transitional landscape yards are not adequate to protect the privacy and enjoyment of property adjacent to the development, the planning and zoning commission shall recommend either or both of the following requirements: (1) All structures located on the perimeter of the planned unit development must be set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses; (2) All structures located along the entire perimeter of the planned unit development must be permanently screened with sightproof screening in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses. d. The area of open space provided in a planned unit development shall be at least that required in the underlying zoning district. D. Open Space Requirements For Residential Planned Unit Developments: A minimum of forty percent (40%) of the total lot coverage of a residential planned unit development in the R-1, R-2, R-3, R-4 zoning districts, shall be devoted to open space. Open space shall be limited to the following items: 1. Recreation open space, as follows: a. Swimming pools; b. Tennis courts; c. Recreation buildings; d. Natural water features, wetlands and conservation areas; Planning & Zoning Commission Meeting February 23, 2017 known address. Extensions in the building schedule may be granted by the village board. (Ord. 4590, 9-21-1993; amd. Ord. 5000, 3-16-1999; Ord. 5219, 11-6-2001; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013) Planning & Zoning Commission Meeting February 23, 2017 Detention or retention facilities Dormitory accommodations Elementary schools Family community residence (located at least 1,000 feet from another family community residence) Family community residence (located within 1,000 C; C C I C I C C feet of another family community residence) Foster care homes Garages for parking of commercial vehicles Golf courses Group community residence High schools Home occupations Libraries Lighted ball fields More than 1 garage Multi -family dwellings Municipal buildings Museums Nature preservation areas Parks and playgrounds Planned unit developments Personal Wireless Service Facilities, Structure P P P P P� P P Mounted Private or parochial schools Public recreational facilities P �P � P P - -- --�_C -II -C -C — C C F' r P' p1 p1 p1 P -P P P P j P C C C C C C F---Frc _�__C_Fc' C F__` P P PI P'' P1 PI P' C--FC-T� _C_ C -1_C --i C P F—P` Personal Wireless Service Facilities, Structure P P P P P� P P Mounted Private or parochial schools Public recreational facilities Planning & Zoning Commission Meeting February 23, 2017 Animal hospital and veterinary clinics C C FC C Antique shops Archery ranges, shooting galleries Art and school supply stores Art and woodcraft studios Art, sculptor, and composer studios Art shops or galleries (not auction rooms) Automobile accessory stores Automobile fueling stations Automobile garages Automobile leasing/rental agencies Automobile maintenance and service C! P C i C C center 1 Automobile sales, new or used (with 2 C acres or less) j Automobile sales, new or used (with 1 C P C C J over 2 acres) Bakeries Banks and financial institutions Banquet halls Barber and beauty shops Bicycle sales, rental and repair Billiard and pool halls Boat showroom, sales ,and repair Bowling alleys Business machine sales Camera and photo supply stores, film J J P P I P J P Planning & Zoning Commission Meeting February 23, 2017 Dairy products, retail sales P P P P Dance and music academies/studios P i P P P P p Daycare centers CC c F -T -1-c-r-cT6_1 P f Florist P PP ---- --- C Department stores I P P P P Drive-through and drive-in establishment and delicatessen C C C C Driving schools C, I P P p P Furniture store iP Drugstore/pharmacy P P P P P Dry cleaning and laundry establishment P P P P P Dry cleaning plants P P P Dwelling units, located above the first 1 C P P P P floor Health services, clubs, recreation P Dwelling units on ground floor C C Exterminating services P Floor covering store P P J P P f Florist P PP P P Food store, grocery store, meat market P P P P P and delicatessen Funeral homes C C C Furniture store iP P i P P, Furrier shops P P P P Gift shop P�Rp P P Hardware store 1 P P P P P Health services, clubs, recreation P centers, or gymnasiums Hearing aid stores P P P P Heliports C C Home improvement center (no outdoorP P P P storage) Planning & Zoning Commission Meeting February 23, 2017 Municipal buildings, Museums Music stores Musical instrument sales and repair Office machine sales, and servicing Office supply stores Offices, business and professional Optical, orthopedic and medical appliance sales Outside display and sales Outside service areas Paint and walpaper stores Parking lots, other than accessory parking Party supply stores Personal Wireless Service Facilities Pet shops and grooming establishments p a P P I P Petroleum tank farm and related accessory uses Photo developing and image transfer Photography studios Picture framing Planned unit developments Plastics processing Post office Printing and duplicating Printing and publishing establishments P P ji P P C P P P P P P P P P P P P P- I P I -P P PJ P P I -PI P J -P I -P P r -P P---, P P PP P C C C C, P C C P P P C P C P P I -p- -P P P P P P P P P Pet shops and grooming establishments p a P P I P Petroleum tank farm and related accessory uses Photo developing and image transfer Photography studios Picture framing Planned unit developments Plastics processing Post office Printing and duplicating Printing and publishing establishments Planning & Zoning Commission Meeting February 23, 2017 Towing agencies P Toy shops P 1 P P P Trade or vocational schools (excluding P C cosmetology) Trailer and camper sales and rental Transfer stations for refuse disposal C P Travel agencies P P P FP P P Truck sales, rental and repair C Tutoring center P [-V F -P P Unique Use C C C C C �I C C C C Warehouse, distribution and storage P P facilities Watchman's quarters P P P P P Wholesale establishment P P Planning & Zoning Commission Meeting February 23, 2017 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) Planning & Zoning Commission Meeting February 23, 2017 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. Planning & Zoning Commission Meeting February 23, 2017 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. Planning & Zoning Commission Meeting February 23, 2017 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. Planning & Zoning Commission Meeting February 23, 2017 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 Planning & Zoning Commission Meeting February 23, 2017 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. Planning & Zoning Commission Meeting February 23, 2017 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. Planning & Zoning Commission Meeting February 23, 2017 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. Planning & Zoning Commission Meeting February 23, 2017 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. 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 Planning & Zoning Commission Meeting February 23, 2017 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) Planning & Zoning Commission Meeting February 23, 2017 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 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.; P Six Foot Fences: Fences up to ftvew x„feet (56') 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. Chapter 14, Article III General Provisions Comment []S11: This amendment would change the standard permitted fence height in the Wage from five feet (51 tall to six feet (6') tall. Six foot (6') tall fences are standard at hardware stores; building a five-foot (5') tall fence comes at an added expense because to do so requires cutting a six foot (6') tali fence down to size or a custom order. Planning & Zoning Commission Meeting February 23, 2017 1044. 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. 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. Chapter 14, Article III General Provisions Planning & Zoning Commission Meeting February 23, 2017 2. The proposed exceptions would not adversely impact the value or use of any other property. 3. Such exceptions are solely for the purpose of promoting better development which will be beneficial to the residents or occupants of the planned unit development as well as those of the surrounding properties. 4. In residential planned unit developments the maximum number of dwelling units allowed per acre shall not exceed eitti)t(W) units the 8-6 oor& distrkl or forty eight (48) units per acre for developments incorporating senior housing or assisted living facilities. 5. All buildings are to be located within the planned unit development in such a way as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such buildings and shall conform to the following: a. The front, side or rear yard setbacks on the perimeter of the development shall not be less than that required in the abutting zoning district(s) or the zoning district underlying the subject site, whichever is greater. b. All transitional yards and transitional landscape yards of the underlying zoning district are complied with. c. If required transitional yards and transitional landscape yards are not adequate to protect the privacy and enjoyment of property adjacent to the development, the planning and zoning commission shall recommend either or both of the following requirements: (1) All structures located on the perimeter of the planned unit development must be set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses; (2) All structures located along the entire perimeter of the planned unit development must be permanently screened with sightproof screening in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses. d. The area of open space provided in a planned unit development shall be at least that required in the underlying zoning district. D. Open Space Requirements For Residential Planned Unit Developments: A minimum of forty percent (40%) of the total lot coverage of a residential planned unit development in the R-1, R-2, R-3, R-4 zoning districts, shall be devoted to open space. Open space shall be limited to the following items: 1. Recreation open space, as follows: a. Swimming pools; b. Tennis courts; c. Recreation buildings; d. Natural water features, wetlands and conservation areas; Planning & Zoning Commission Meeting February 23, 2017 known address. Extensions in the building schedule may be granted by the village board. (Ord. 4590, 9-21-1993; amd. Ord. 5000, 3-16-1999; Ord. 5219,11-6-2001; Ord. 5751, 8-4-2009; Ord.. 6112, 12-17-2013) Planning & Zoning Commission Meeting February 23, 2017 Daycare home P �; P P P P Detention or retention facilities C li-_�---- Dormitory accommodations - C C C C C Elementary schools P' P' P' P' P' 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 j P P P P P P Garages for parking of commercial vehicles C !r Golf courses P Group community residence C C I C C C C High schools i P' P' PI P' 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 Multi -family dwellings P P Municipal buildings FP' P' r P' [W-1 P' Museums CFC F___ C I--' j C C C Nature preservation areas P Parks and playgrounds _ P Planned unit developments C Personal Wireless Service Facilities, Structure P P P iP P P P Mounted Private or parochial schools IFP WrP1 P1 I P Public recreational facilities P Planning & Zoning Commission Meeting February 23, 2017 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 1 C C C Automobile garages P C C C Automobile leasing/rental agencies P P P I 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 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 j P P P i 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 Planning & Zoning Commission Meeting February 23, 2017 Dairy products, retail sales Dance and music academies/studios Daycare centers Department stores Drive-through and drive-in establishmen Driving schools Drugstore/pharmacy Dry cleaning and laundry establishment Dry cleaning plants Dwelling units, located above the first floor Dwelling units on ground floor Exterminating services Floor covering store Florist Food store, grocery store, meat market and delicatessen Funeral homes Furniture store Furrier shops Gift shop Hardware store Health services, clubs, recreation centers, or gymnasiums Hearing aid stores Heliports Home improvement center (no outdoor storage) P P P P P-1 P P P P P �C C C F -C C C C P P P 1 -p- t Pt C C C C rr C P P P -I P P P P P P P P P P P C �C C -- �P P �P P P P P P P P P P P P P P P P P P P P P P P 1 C C P P P P i Planning & Zoning Commission Meeting February 23, 2017 Municipal buildings P P P P C P Museums --- P P - P P-P—r--i Music stores P P P P Musical instrument sales and repair P C 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 , orthopedic- O ticaland medical p - P -- P r 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 T 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 P 9 and image 9 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 I P P P I Printing and publishing establishments P Planning & Zoning Commission Meeting February 23, 2017 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 P Travel agencies P I::" P P p Truck sales, rental and repair C Tutoring centerP P p P Unique Use C 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 Planning & Zoning Commission Meeting February 23, 2017 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) Planning & Zoning Commission Meeting February 23, 2017 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. Planning & Zoning Commission Meeting February 23, 2017 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. Planning & Zoning Commission Meeting February 23, 2017 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. Planning & Zoning Commission Meeting February 23, 2017 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 Planning & Zoning Commission Meeting February 23, 2017 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. Planning & Zoning Commission Meeting February 23, 2017 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. Planning & Zoning Commission Meeting February 23, 2017 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. Planning & Zoning Commission Meeting February 23, 2017 o a& -k-) 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. THEATER: Any building or structure designed for the enactment of dramatic or of Planning & Zoning Commission Meeting February 23, 2017 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. 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) MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -02-17 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: REQUEST: MEMBERS PRESENT MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: February 23, 2017 50 S. Emerson Street Village of Mount Prospect February 8, 2017 Code Amendments to Chapter 14 of the Village Code Agostino Filippone William Beattie Keith Youngquist Norbert Mizwicki Joseph Donnelly, Chair Sharon Otteman Thomas Fitzgerald Consuelo Arguilles- Deputy Director of Community Development Jason Shallcross- Development Review Planner Consuelo Arguilles- Deputy Director of Community Development Jason Shallcross- Development Review Planner Chairman Donnelly called the meeting to order at 7:30. Commissioner Beattie made a motion seconded by Commissioner Youngquist to approve of the minutes from the Planning and Zoning Commission meeting on January 26, 2017. The minutes were approved 4-0 with Commissioner Mizwicki abstaining. Mr. Shallcross stated that the Village is proposing several text amendments to the Zoning Ordinance of the Village Code. He explained the first amendment to Article V, Section 14.504 -Planned Unit Developments. He stated that Zoning Ordinance currently limits the maximum density in the B5C district to 80 units per acre regardless of the size of the dwelling unit. This regulation applies to condominium units that are typically over 1,000 square feet in size; however, Staff feels this would significantly limit the construction of rental apartments in the downtown district as rental apartments typically include units as small as 500 square feet per unit. Staff is recommending eliminating the maximum permitted density in the B5C zoning district. A project's density would be reviewed on a case by case basis as Planned Unit Developments. Mr. Shallcross stated the next proposed text amendment is to Article VI: Land Use Table I. He stated the residential land use table currently does not include planned unit developments for religious institutions. However, it is not uncommon for religious institutions to consist of more than one principal building. Many religious institutions throughout the Village have multiple buildings on a lot. Staff is Planning and Zoning Commission- February 23, 2017 PZ -02-17 Joseph Donnelly- Chair • Consistency of the amendment with Village policy as established by previous rulings, Mr. Shallcross stated that the proposed amendments to the Zoning Code would be applicable to the community as a whole and are not proposed in response to an individual parcel within the Village. The proposed changes are intended to reflect current Village objectives as outlined in the Comprehensive Plan, other accepted planning documents, and the goals outlined in the strategic plan. The proposed amendments satisfy the standards for text amendments as required in the zoning code. He further explained, Staff finds that the proposed text amendments meet the standards contained in Section 14.203 (D) of the Zoning Ordinance and that granting such request would be in the best interest of the Village. Based on these findings, Staff recommends that the Planning and Zoning Commission make a motion to adopt staffs findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: "To approve the proposed text amendments to the Village Zoning Ordinance." He started that the Village Board's decision is final for this case. Commissioner Beattie asked Staff to clarify the language regarding fence and landscape regulations that is provided in Chapter 14 & Chapter 9 and how it relates to the site triangle definition being proposed. Mrs. Arguilles stated that the landscape provisions within Chapter 14 pertain to non -single family residential lots such as commercial or multi -family developments and they require landscape requirements which are explained in Chapter 14 but don't apply to single family residential lots. She further stated the there are other chapters in the Village Code that explain the landscape requirements for single family residential lots. She stated that the proposed amendment is a clean-up item to the definition. Commissioner Beattie said he understood; however he wants to know the regulations regarding landscaping and fences. He is concerned that the proposed amendment is taking away the regulations the height of plantings in the site triangles. Mrs. Arguilles explained that regulatory provisions are provisions within an article versus in the definition and the proposed is just a clean-up item. She further explained within Chapter 14 there aren't any landscape provisions for single family lots that limit the height of landscaping on private property. Mrs. Arguilles continued to comment that it is very common to see plantings within site triangles on single family lots within the Village of Mount Prospect. She further explained that the Village regulates fence height within the site triangle which is limited to three (3) feet when there is a driveway and walkway on private property. This aspect of the code is not changing. Mrs. Arguilles stated that in the future the Village will be looking to see if the code needs to be amended to address concerns; however, there is existing language in Chapter 9 that regulate plantings in public right of way areas within site triangles which also has its own separate definition of a site triangle which is different from the definition in Chapter 14. Commissioner Beattie asked what the regulations are for the plantings. Mrs. Arguilles stated that the regulations in Chapter 14 don't pertain to single family lots. Planning and Zoning Commission- February 23, 2017 PZ -02-17 Joseph Donnelly- Chair Mr. Plato spoke on behalf of Ken Brae who emailed his concerns regarding the site triangle to the Commission for review. He was unable to attend the meeting. Mr. Plato stated that he is a safety engineer and is confused as to why the Village wants to remove language from the definition without fixing the provision first to ensure that the language isn't lost in the code. He stated that it would make more sense if the process was reversed and a provision was added that would make landscaping and fencing equal in the site triangle area and then remove the language from the definition. Mr. Plato read Mr. Brae's proposed version of the site triangle definition as follows: "Triangular area established at the intersection of two streets or a street and a driveway which is established to provide visibility around the corner to pedestrians, cyclists and motorists. Such triangle should have legs of ten feet (10') along the rights of way when two streets intersect or when a right of way or driveway intersect." Mr. Plato further asked why the Village is not enforcing the current height regulations in the site triangles and will removing the definition help enforce it. Mrs. Arguilles reiterated that the provisions within the chapters are different from the definition. She stated the item before the Commission is strictly the definition within Chapter 14 which needs to be "cleaned up" to be consistent of how it has been used. Chapter 14 doesn't have provisions pertaining to private property on single family lots. Mrs. Arguilles further explained that the concerns of the public regarding provisions of regulations are worthy of further discussion but the item before the commission is strictly the definition in Chapter 14. Chairman Donnelly asked if there were any discussions of including regulations of Chapter 14 for site triangle in single family lots. Mrs. Arguilles stated there have been some internal discussions with staff regarding the comments received about the site triangle. She stated that more in depth discussions need to take place before any changes can be proposed and that currently just the definition needs to be cleaned up. Commissioner Beattie asked Staff how the Village can address the concerns of the public. Mrs. Arguilles stated that the Village's traffic engineer has sent letters to homeowners who have landscaping obstructing visibility in the site triangle. Mr. Plato stated that there should be consistency for both fence height and planting height. Mrs. Arguilles stated that the Commission can decide to make separate motions regarding each item if they don't want to make a decision on all of the proposed text amendments together as a whole. Commissioner Youngquist stated he understands why the legal reason the language is being removed from the definition regarding landscaping and obstructions. Mrs. Arguilles stated that there will be representation from the Village's legal department at the Village Board Meeting. There was some general discussion between the commission members regarding the difficulty of regulating landscaping on private property. Planning and Zoning Commission- February 23, 2017 PZ -02-17 Joseph Donnelly- Chair 7 Commissioner Beattie made a motion seconded by Commissioner Youngquist to approve the following motion: "To approve the text amendment to Article XXIV: Definitions." There was general discussion regarding the need for additional regulations to be defined in the code regarding site triangles in single family lots. It was decided between Staff and the Commission that the motion presented will have to be voted on and that Staff will include the comments to Village Board that were discussed at the hearing regarding the provisions needed. UPON ROLL CALL AYES: None NAYS: Beattie, Youngquist, Filippone, Mizwicki, Donnelly The motion was disapproved 5-0 with a negative recommendation to Village Board. Commissioner Beattie made a motion seconded by Commissioner Youngquist to approve the following motion: "To approve the text amendment to Article III, Section 14.318 Fences and Walls." There was general discussion between the board regarding the concern of increasing the height of fences to six feet (6'). They stated it would increase the separation between neighbors. UPON ROLL CALL AYES: Beattie NAYS: Youngquist, Filippone, Mizwicki, Donnelly The motion was disapproved 4-1 with a negative recommendation to Village Board. Hearing no further discussion or citizens to be heard, Commissioner Beattie made a motion seconded by Commissioner Filippone and the meeting was adjourned at 8:30 pm. Jenna Moder Administrative Assistant Planning and Zoning Commission- February 23, 2017 PZ -02-17 Joseph Donnelly- Chair Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION JOSEPH P. DONNELLY, CHAIRPERSON FROM: CONSUELO ARGUILLES, DEPUTY COMMUNITY DEVELOPMENT DIRECTOR DATE: FEBRUARY 13, 2017 HEARING DATE: FEBRUARY 23, 2017 SUBJECT: PZ -02-17 / TEXT AMENDMENTS TO CHAPTER14 OF THE VILLAGE CODE / VILLAGE OF MOUNT PROSPECT - APPLICANT BACKGROUND A public hearing has been scheduled for the February 23, 2017 Planning & Zoning Commission meeting to review the application by the Village of Mount Prospect (the "Petitioner") regarding proposed amendments to the Zoning Ordinance (Chapter 14) of the Village Code. The P&Z hearing was properly noticed in the February 8, 2017 edition of the Daily Herald Newspaper. SUMMARY OF PROPOSAL To meet the strategic goals and needs of the community while fostering a business -friendly environment, the Community Development Department is recommending the following text amendments to the zoning ordinance of the Village Code: Article III, Section 14.318 Fences and Walls The Village Code limits the height of fences in residential zoning districts to five feet (5'), with some exceptions allowing for 6'. However, the majority of fences available at home improvement stores come in standard four feet (4') or six feet (6') tall sections. This has required residents to custom order a fence or cut six foot (6') tall fence sections down by one foot in order to meet Village Code. Staff is recommending increasing the permitted residential fence height from five feet (5') to six feet (6'). This would alleviate the extra cost and/or work required of homeowners to comply with code. Article V, Section 14.504 Planned Unit Developments The Zoning Ordinance currently limits the maximum density in the 135C district to 80 units per acre regardless of the size of the dwelling unit. This regulation applies well to condominium units that are typically over 1,000 square feet in size but would significantly limit the construction of rental apartments in the downtown district as rental apartments typically include units as small as 500 square feet per unit. Staff is recommending eliminating the maximum permitted density in the 135C zoning district. A project's density would be reviewed on a case by case basis as Planned Unit Developments. PZ -02-17 Planning & Zoning Commission Meeting February 23, 2017 Page 3 Staff recommends that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: "To approve the proposed text amendments to the Village Zoning Ordinance." The Village Board's decision is final for this case. I concur: William J. Cooney, AICP Director of Community Development HAPLANTIanning & Zoning COMMIP&Z 20ITSIelfReporlsTZ-02-17 50 S, Emerson Stteel (Chapler 14 -Text Amendmmu) dmx 5/1/2017 BoardDocs® Pro Agenda Item Details Meeting Apr 05, 2017 - REGULAR MEETING OF THE VILLAGE BOARD - 7:00 p.m. Category 7. NEW BUSINESS Subject 7.2 Motion to accept a quote from CDW-G for Microsoft Office 2016 licensing in the amount not to exceed $65,663.80 Access Public Type Action Preferred Date Apr 05, 2017 Fiscal Impact Yes Dollar Amount 65,663.80 Budgeted Yes Budget Source Capital Improvement Fund Recommended Accept the quote from CDW-G for Microsoft Office 2016 licensing in the amount not to exceed Action $65,663.80 Public Content Information Microsoft Office 2016 is the latest version of the Microsoft Office productivity suite. This includes well known applications like Outlook, Word, Excel and PowerPoint. There are several editions of the Office suite but two the Village uses, Standard and Professional Plus. The main reason for needing Professional Plus is Access, a database application. By upgrading to Microsoft Office 2016, from our current version of 2010, the Village can leverage the latest applications and tools provided by Microsoft. Examples include "Tell Me" assistance which allows users to quickly find features without having to search through the help file or online. Other noteworthy improvements include new charts, ability to open and edit PDF files, and quicker file attachment. Office 2016 also performs better and is more secure with capabilities like data protection and data loss prevention. In the past, the Village has skipped one version of Office before upgrading due to cost versus benefits. In this case, the Village skipped Microsoft Office 2013 and will upgrade directly from 2010 to 2016. The attached quote includes the number of licenses needed for both Standard (155) and Professional Plus (95). This licensing was originally budgeted for 2016 but was rolled over to 2017. Staff received a licensing quote by GDW -G of $65,663.80. CDW holds the State of Illinois Microsoft contract for state and local governments, as a result, no bidding was done for this licensing quote. There are sufficient funds in the 2017 budget, which were carried over from the 2016 budget, for this purchase. Alternatives 1. Accept the quote from CDW-G for Microsoft Office 2016 licensing, 2. Action at discretion of Village Board. Staff Recommendation Staff recommends accepting the quote from CDW-G for Microsoft Office 2016 licensing in the amount not to exceed $65,663.8. Sufficient funds existing in the current 2017 budget for this project. CDWG - Office 2016 Quote.pdf (62 KB) https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 1/2 ME DEAR ANDREW SCHAEFFER, Thank you for considering CDWeG for your computing needs. The details of your quote are below. ; 6ick to convert your quote to an order. .. .... .... QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL HTZN790 3/27/2017 MS OFFICE 249358 $65,663.80 . . . ....... ITEM 01 tk'D 51' Mfg. Part#: 021-10559 UNSPSC: 43231513 Electronic distribution - NO MEDIA Contract: Illinois Microsoft M+D products (CMS6945110) Mfg. Part#: 79P-05582 UNSPSC: 43231513 Electronic distribution - NO MEDIA Contract: Illinois Microsoft M+D products (CMS6945110) ..... . ...... .................................... ............ ... . --- . ........... . .... — QTY CDW# 155 3845732 95 3845745 UNIT PRICE EXT. PRICE $230,91 $35,791.05 $314.45 $29,872.75 PURCHASER BILLING INFO SUBTOTAL $65,663.80 Billing Address: SHIPPING! $0.00 VILLAGE OF MOUNT PROSPECT I INFORMATION TECHNOLOGY DIVISION GRAND TOTAL $65,661.80 50 S EMERSON ST MOUNT PROSPECT, IL 60056-3266 Phone: (847) 392-6000 Payment Terms: NET 30 -VERBAL . . . .. ...... . . ..... DELIVER TO Please remit payments to: Shipping Address: CDW Government VILLAGE OF MOUNT PROSPECT 75 Remittance Drive INFORMATION TECHNOLOGY DIVISION Suite 1515 50 S EMERSON ST Chicago, IL 60675-1515 MOUNT PROSPECT, IL 60056-3266 Phone: (847) 392-6000 Shipping Method: ELECTRONIC DISTRIBUTION ...... . ................... 0 C ha I M I":a 1, 1 �: 1) 1 (877) 533-0299 1 chadmcc@cdwg.com This quote is subject to CDW's Terms and Conditions of Sales and Service Projects at For more information, contact a CDW account manager @ 2017 CDW-G LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 1 800.808.4239 Page 1 of 1