HomeMy WebLinkAbout8.2 ORDINANCE AMENDING CHAPTER 11 AND CHAPTER 14 OF THE VILLAGE CODEItem Cover Page
wubject PZ -10-20 / 50 S. Emerson Street / 1st reading of
an ORDINANCE AMENDING CHAPTER 11 AND
CHAPTER 14 OF THE VILLAGE CODE
Meeting September 1, 2020 - REGULAR MEETING OF THE MOUNT
PROSPECT BOARD
':Iscal Impact a I so
! - •
Action�,ategory NEW BUSINESS
Type
Information
To meet the strategic goals and needs of the community while fostering a
business -friendly environment., the Community Development Department i
recommending the following text amendments to Chapter 11 (Merchants.,
Businesses,, !Amusements)and Chapter of -`
Village•!-
Article 111, Section 14-316: Unenclosed Porches in the Required Front
Yard Setback
The Zoning Ordinance requires administrative conditional use review and approval
by - Director of • Development f• - -! porches • •
no more than five feet (5) into the required front yard setback. In the last five (5)
years, there have been sixteen (16) administrative conditional use requests for
unenclosed porches. All sixteen• were approved without opposition from
public. As such, staff is recommending that improvements of this type -
unenclosed porches encroaching a maximum of 5 feet into the required front yard
setback - be made permitted obstructions and their standards converted into
additional requirements that still apply. Staff would ensure that all standards
would be met, but it would take place as part of the building permit process
instead of requiring conditional use approval. Thus, Section 14.316 of the Zoning
Ordinance ! be eliminated entirely, - - regulations being relocated to
1
what is currentl',Article III, Section 14-319: Permitted Obstructions.
Article 111, Section 14.317: Environmentally Sensitive Development
Techniques
With the elimination of Section 14-316 of the Zoning Ordinance, this section would
be renumbered as Section 14.316 of the Zoning Ordinance.
With the elimination of Section 14-316 of the Zoning Ordinance, this section would
be renumbered as Section 14.317 of the Zoning Ordinance.
2
With the elimination of Section 14-316 of the Zoning Ordinance, this section would
be renumbered as Section 14.318 of the Zoning Ordinance. Additionally,, the
applicable unenclosed porch regulations mentioned previously would be made part
of this section. The permitted obstruction table would also be altered to reflect the
inclusion of unenclosed porches as a permitted obstruction. The regulations
carried over from Article III, Section 14.316 Unenclosed Porches in the Required
Front Yard Setback would be placed in subsection "C: Additional Requirements for
Permitted Obstructions.
With the elimination of Section 14-316 of the Zoning Ordinance, this section would
be renumbered as Section 14-319 of the Zoning Ordinance.
With unenclosed porches becoming a permitted obstruction and no longer
requiring conditional use approval, it is no longer necessary to include unenclosed
front porches in Land Use Table I of the Zoning Ordinance.
2
Several updates are proposed for Land Use Table 2 of the Zoning Ordinance to
meet the strategic goals and needs of the community and foster a business -
friendly environment in the community. First,, the O/R Office Research District is
proposed to be removed from the table entirely. With the last O/R zoned property
in the Village being rezoned to '! Industrial in 2018,,• ! district
should be removed from the Zoning Ordinance entirely.
New indoor amusement uses are constantly evolving and locating in vacant retail
spaces. However, the Village Zoning Ordinance does not have a relevant use in
the land use table for these uses. Therefore, staff is proposing to broaden the
current "amusement establishment indoor only' use from being limited to coin
operated machines operated by buttons, dials, and trigger devices to any use that
is designed, intended, or used as a test of skill or entertainment and enjoyment
without primitive weapons or other potentially dangerous objects. Examples
include, but are not limited to, arcades, trampoline parks, bumper cars, and all
games or operations similar thereto under name they . indicate.
Such definition does not include a bowling alley, a jukebox, or other coin operated
music machine, mechanical riding device, or video gaming machine. With this
change, staff is also proposing to allow uses of these types in the B-3 and B-4
districts by right and in the B-5 and B -5C districts subject to conditional use
approval due to parking concerns. The relevant definition change is proposed in
Article
Definitions.
Per the Zoning Ordinance, archery ranges and shooting galleries are allowed in the
B-4 and I-1 districts subject to conditional use approval. Staff is proposing to
separate archery ranges from shooting galleries,, instead creating a separate
Aprimitive weapon galleries" use and 'shooting galleries" uses. Primitive weapon
galleries are becoming ever popular in today"s business climate,, especially with
the creation of axe throwing leagues. Staff is proposing to allow primitive weapon
galleries in the B-3 and B-4 districts as permitted uses and in the B-5,, B -5C. and
I-1 districts subject to conditional use approval. The location of shooting galleries
would remain unchanged (allowed in the B-4 and I-1 districts subject to
conditional use a! •'
Per the Zoning Ordinance, automobile salesf new or used, on parcels of any size is
not allowed ! Industrial District. Additionally,
?nd repair is not allowed in the I-1 Limited Industrial District. However, several
parcels annexed in the last five (5) years are affected by the flood plain and are
V
thus largely undevelopable. Allowing the sale of automobiles and trucks on these
parcels through Conditional Use approval provides an avenue for these property
owners to secure tenants while also complying with floodplain regulations. Staff is
confident that allowing the sales of automobiles and trucks in the I-1 Limited
Industrial District will not lead to these uses invading existing business parks and
that our manufacturing base will be maintained. Therefore, staff is proposing to
allow the sale of automobiles and truck sales, rental, and repair in the I-1 Limited
Industrial• • Conditional Use approvalby the VillageBoard.
parking of any kind as a primary use would still be prohibited on any property in
the Village.
Per the Zoning Ordinance, cartage and express facilities are allowed in the I-1
Limited Industrial District subject to conditional use approval. However, with the
expansion of distribution centers and the industrial sector as a whole in the last
decade, this use has been found to confuse both realtors and tenants looking to
locate in the area. Cartage, often referred to as the 'last mile' of parcel shipping,
is now largely part of any warehouse, distribution,, and storage facility operation,
which is a permitted use in Land Use Table 2. As such, staff does not believe it is
necessary to include this use in the table any longer, clearing up confusion.
Land Use Table II contains several alcohol-related uses; however, not all of the
licenses now available in Chapter 13 (Alcoholic Liquors) are listed. Staff is
proposing • allow craft ! ("Brewpubs", .liquor license) as a
permitted use in the B-3. B-41 B-5,, and B -5C zoning districts, and craft breweries
?s a conditional use in the I-1 Limited Industrial District.
The Zoning Ordinance does not directly address where vape shops or tobacco and
vaping lounges are allowed to locate in the Village. The code as written only
addresses "tobacco shops". Staff is proposing to separate the tobacco/vape shop
use from tobacco/vape lounges due to the amount of time patrons spend at each
respective establishment, and the nature of each activity. Tobacco/vape shops
would remain permitted and ! i-4 zoning districts,, but would no
longer be permitted in the B-5 and B -5C districts. Tobacco/vape lounges, a new
would be . conditional use in the i and i-4 zoning districts •
Definitions of tobacco/vape shops and tobacco/vape lounges are provided later in
the chapter underDefinitions. Both shops and lounges of this type
must adhere to State of Illinois restrictions, including Clean Air Act regulations.
Ell
Article IX, Section 14.905: Bulk Regulations (R-1 Single -Family Residence
District) and Article X, Section 14.1005: Bulk Regulations (R -A Single -
Family Residence District):
Representing most single-family residence zoning districts in the Village, these
districts contain approximately 12,500 properties between them. Of those
properties, more than 1,100 do not comply with the Village"s current twenty foot
(20") exterior side yard setback requirement. That is, the principal structures on
more than 1,100 properties in the Village encroach into the required exterior side
yard setba
Most of these lots are located closer to the downtown area and are, on average,
fifty feet (50") wide. Providing an exterior side yard setback of twenty feet (20')
on one side and an interior side yard setback of five feet (5) on the opposite in
the downtown district (R -A Single -Family Residence) leaves many property
owners with a development envelope that is only twenty-five feet (25") wide. If
the exterior side yard setback requirement was reduced from twenty feet (20') to
ten feet (10"), only 181 properties in the Village would have non -conformities
because of the exterior side yard setback. Therefore, staff is recommending that
the exterior side yard setback be reduced from twenty feet (20') to ten feet (10")
in the R-1 Single -Family and R -A Single -Family Residence Districts.
LimitedAs stated earlier in this report,, the last O/R zoned parcel was amended to I-1
Industrial in 2018.! district should be removed from
maximumthe Zoning Ordinance entirely.
The ! allowed • • .i •' garages
parkingthe Village is twenty-six feet (26). For three -car garages, driveways may be up to
thirty-three feet (33) wide, but must taper to twenty-six feet (26") within the first
eighteen feet (18') of the garage. This tapering requirement does not allow for
one to park in front of the third stall because not enough room is provided before
the driveway must taper to twenty-six feet (26'). Instead,, it causes residents to
turn in to and out of their third garage stall, which is not desirable. Further, it
makes trailers ! recreationaldifficult to • •
Staff is proposing • remedy the situationby • ! a maximum widthof
three feet (33") within the first eighteen feet (18') of the garage so that residents
are able to park in front of all three (3) garage stalls. Staff is simultaneously
proposing that driveways be required to taper to twenty-six feet (26) within thirty
-- •' the .!i -'s front elevation. This provides an ei! '-foot (18')
parking space in front of the third garage stalls and twelve feet (12") of taper,
which should provide the r•• - to easily pull into and out of l
Illinoisgarage stall. Lot coverage requirements will remain unchanged and still apply to
all single-family residence properties in the Village.
The Village amended the accessible parking requirements in 2016 to be in-line
with requirements put forward by the State of Illinois in the Illinois Accessibility
Code. However, the State of Illinois changed the Illinois Accessibility Code just last
year. Staff is proposing to move away from providing specific language regarding
accessible parking design and believes that the code should instead reference the
- rility Code so that the parking regulations are always consistent
with ''state"s regulations.
statedAs previously,proposing _new definitions t• facilitate the
proposed ! !e alterations to the definition of
shooting gallery,primitive weapongallery,•r. •r- shop, and •r. • r
Chapter 11,, Article 5: Bowlin Alleys, Billiard 9
1 I Shooting
•`
Galleries
Chapter of . •e Code contains. • ! . ! individual business
types. Due to the proposed separation of primitive weapon uses from shooting
galleries, Chapter 11 must also be updated. Staff is proposing that 'primitive
weapon galleries" be made part of Article 5: Bowling Alleys, Billiard Parlors, and
Shooting Galleries, and all associated regulations, fees., and inspections be
consistent with shooting galleries as amended.
no
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 of Mount Prospect. The amendments are comprehensive in
nature, and will have limited impact on creating additional non -conform iti es. While
creating new uses and allowing other uses in different districts, the proposed
amendments ! • not make• ! ordinance more permissive as a whole.
majority of the proposed changes are intended to reflect current Villagegoals d
objectives as outlined in the Comprehensive Plan and other accepted planning
documents. The proposed amendments satisfy the standards for text amendments
as required in the zoning code.
The proposed text amendments to the Zoning Code are contained in the attached
documents. The proposed text amen!ments meet the standards c• '! in
Section 14.203.D• ! • •
PlanningAt the Zoning Commission hearing on • •
recommended approval of the request by a vote of 7-0.
Alternatives
1. Approval an ordinance amending Chapter 7,, (Sign Regulations), Chapter 11
(Merchants, Businesses, Occupations, and Amusements) and Chapter 14 (Zoning)
of the Village••'' as outlined in the attached documents for. 1 • and
case PZ 14-20.
2. Action at the discretion of the Village Board.
Staff Recommendation
Approval of the text amendments as outlined in the attached documents for PZ -
1 1 which amends. • f Chapter 14 of the Village Code.
Admin istrative_Content. pdf
Minutes. pdf
2020_Code_Cha nges_1_Red l i ne. pdf
2020_Code_Changes_1_Final. pdf
Zoning Amendments Ordinance final. pdf
7
Letter of Support (Front Porch CU removal).pdf
VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056
........... .__ . . . . . . . . ...........
STAFF REPORT FROM THE DEPARTMENT OF Community Development
William J. Cooney, AICP Jason C. Shallcross, AICP
-Director of Community Development Senior Planner . ..........
DATE: June 4th, 2020
CASE NUMBER APPLICANT/PROPERTY OWNER
PZ -10-20 Village of Mount Prospect
PUBLIC HEARING► DATE
June 11, 2020
PROPERTY ADDRESS/LOCATION
50 South Emerson Street
BRIEF SUMMARY OF REQUEST
To meet the strategic goals and needs of the community while fostering a business -friendly environment,
the Community Development Department is recommending several text amendments to the zoning
ordinance of the Village Code.
F.1101 ONSITURTITA I I WE94(01 L1 10119 01
DENY
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 1/1, Section 14.316: Unenclosed Porches in the Required Front Yard Setback
The Zoning Ordinance requires administrative conditional use review and approval by the Director of
Community Development for unenclosed porches encroaching no more than five feet (S') into the required
front yard setback. In the last five (5) years, there have been sixteen (16) administrative conditional use
requests for unenclosed porches. All sixteen (16) were approved without opposition from the public. As
such, staff is recommending that improvements of this type instead be made permitted obstructions and
their standards converted into additional requirements that still apply. Staff would ensure that all standards
would be met, but it would take place as part of the building permit process instead of requiring conditional
use approval. Thus, Section 14.316 of the Zoning Ordinance would be eliminated entirely, with select
regulations being relocated to what is currently Article ///,. Section 14.319: Permitted Obstructions.
Article I//, Section 14.317.- Environmentally Sensitive Development Techniques
With the elimination of Section 14.316 of the Zoning Ordinance, this section would be renumbered as
Section 14.316 of the Zoning Ordinance.
Article I//, Section 14.318: Fences and Walls
With the elimination of Section 14.316 of the Zoning Ordinance, this section would be renumbered as
Section 14.317 of the Zoning Ordinance.
9
Article Ill, Section 14.319: Permitted Obstructions
With the elimination of Section 14.316 of the Zoning Ordinance, this section would be renumbered as
Section 14.318 of the Zoning Ordinance. Additionally, the applicable unenclosed porch regulations
mentioned previously would be made part of this section. The permitted obstruction table would also be
altered to reflect the inclusion of unenclosed porches as a permitted obstruction. The regulations carried
over from Article lel, Section 14.316 Unenclosed Porches in the Required Front Yard Setback would be placed
in subsection 'C: Additional Requirements for Permitted Obstructions.
Article Ill, Section 14.320: Vision Clearance
With the elimination of Section 14.316 of the Zoning Ordinance, this section would be renumbered as
Section 14.319 of the Zoning Ordinance.
Article VI: Land Use Table I
With unenclosed porches becoming a permitted obstruction and no longer requiring conditional use
approval, it is no longer necessary to include unenclosed front porches in Land Use Table I of the Zoning
Ordinance.
Article VI: Land Use Table It
Several updates are proposed for Land Use Table 2 of the Zoning Ordinance to meet the strategic goals and
needs of the community and foster a business -friendly environment in the community. First, the O/R Office
Research District is proposed to be removed from the table entirely. With the last O/R zoned property in the
village being rezoned to 1-1 Limited Industrial in 2018, the zoning district should be removed from the
Zoning Ordinance entirely.
New indoor amusement uses are constantly evolving and locating in vacant retail spaces. However, the
village Zoning Ordinance does not have a relevant use in the land use table for these uses. Therefore, staff
are proposing to broaden the current 'amusement establishment indoor only' use from being limited to coin
operated machines operated by buttons, dials, and trigger devices to any use that is designed, intended., or
used as a test of skill or entertainment and enjoyment without primitive weapons or other potentially
dangerous objects. Examples include, but are not limited to, arcades, trampoline parks, bumper cars, and all
games or operations similar thereto under whatever name they may indicate. Such definition does not
include a bowling alley, a jukebox, or other coin operated music machine or a mechanical riding device.
With this change, staff is also proposing to allow uses of these types in the B-3 and B-4 districts by right and
in the B-5 and B -5C districts subject to conditional use approval due to parking concerns. The relevant
definition change is proposed in Article XXIV: Definitions.
Per the Zoning Ordinance, archery ranges and shooting galleries are allowed in the B-4 and 1-1 districts
subject to conditional use approval. Staff are proposing to separate archery ranges from shooting galleries,
instead creating a separate 'primitive weapon galleries' use and 'shooting galleries' uses. Primitive weapon
galleries are becoming ever popular in today's business climate, especially with the creation of axe throwing
leagues. Staff is proposing to allow primitive weapon galleries in the B-3 and B-4 districts as permitted uses
and in the B-5, B -5C, and 1-1 districts subject to conditional use approval. The location of shooting galleries
would remain unchanged (allowed in the B-4 and 1-1 districts subject to conditional use approval).
Per the Zoning Ordinance, automobile sales, new or used, on parcels of any size is not allowed in the 1-1
Limited Industrial District. Additionally, truck sales, rental, and repair is not allowed in the 1-1 Limited
Industrial District. However, several parcels annexed in the last five (5) years are affected by the flood plain
KA
im
and are thus largely undevelopable. Allowing the sale of automobiles and trucks on these parcels provides
an avenue for these property owners to secure tenants while also complying with floodplain regulations.
Staff are confident that allowing the sales of automobiles and trucks in the 1-1 Limited Industrial District will
not lead to these uses invading existing business parks and that our manufacturing base will be maintained.
Therefore, staff is proposing to allow the sale of automobiles and truck sales, rental, and repair in the 1-1
Limited Industrial District, subject to conditional use proposal.
Per the Zoning Ordinance, cartage and express facilities are allowed in the 1-1 Limited Industrial District
subject to conditional use approval. However, with the expansion of distribution centers and the industrial
sector as a whole in the last decade, this use has been found to confuse both realtors and tenants looking to
locate in the area. Cartage, often referred to as the 'last mile' of parcel shipping, is now largely part of any
warehouse, distribution, and storage facility operation, which is a permitted use in Land Use Table 2. As
such, staff does not believe it is necessary to include this use in the table any longer, clearing up confusion.
Land Use Table 11 contains several alcohol-related uses, however a few key uses made popular in the last
decade are missing. Staff are proposing to allow both microbreweries and taprooms as permitted uses in
the B-3,, B-41 13-5, and B -5C zoning districts, with microbreweries also allowed as a conditional use in the 1-1
Limited Industrial District.
The Zoning Ordinance does not address where vape shops or tobacco and vaping lounges are allowed to
locate in the village. Staff are proposing to separate the tobacco/vape shop use from tobacco/vape lounges
due to the amount of time patrons spend at each respective establishment. Tobacco/vape shops would
remain permitted uses in the B-3 and B-4 zoning districts, but would no longer be permitted in the B-5 and
13-5C districts. Tobacco/vape lounges, a new use, would be allowed as a conditional use in the B-3 and B-4
zoning districts only. Definitions of tobacco/vape shops and tobacco/vape lounges are provided later in the
chapter under Article XXIV: Definitions.
Article IX., Section 14.905: Bulk Regulations (R-1 Single -Family Residence District) and Article X, Section
14.1005: Bulk Regulations (R -A Single -Family Residence District):
Representing all of the single-family residence zoning districts in the village, these districts contain
approximately 12,500 properties between them. Of those properties, more than 1,100 do not comply with
the village's current twenty foot (20') exterior side yard setback requirement. That is, the principal
structures on more than 1,100 properties in the village encroach into the required exterior side yard
setback.
Most of these lots are located closer to the downtown area and are only about fifty feet (50') wide.
Providing an exterior side yard setback of twenty feet (20) on one side and an interior side yard setback of
five feet (5'} on the opposite in the downtown district (R -A Single -Family Residence) leaves many property
owners with a development envelope that is only twenty-five feet (25') wide. If the exterior side yard
setback requirement was reduced from twenty feet (20')toten feet (10'), only 181 properties in the village
would have nonconformities because of the exterior side yard setback. Therefore, staff is recommending
that the exterior side yard setback be reduced from twenty feet (20') to ten feet (10') in the R-1 Single -
Family and R -A Single -Family Residence Districts.
Article XX OIR Office Research District
As stated earlier in this report, the last O/R zoned parcel was amended to 1-1 Limited Industrial in 2018. As
such, this zoning district should be removed from the Zoning Ordinance entirely.
K
11
Article XXII, Section 14-2204: Residential Driveways
The maximum driveway width allowed for driveways serving two -car garages in the village is twenty-six feet
(26'). For three -car garages, driveways may be up to thirty-three feet (33') wide, but must taper to twenty-
six feet (26') within the first eighteen feet (18') of the garage. This tapering requirement does not allow for
one to park in front of the third stall because not enough room is provided before the driveway must taper
to twenty-six feet (26'). Instead, it causes residents to turn into and out of their third garage stall, which is
not desirable. Further, it makes parking trailers and recreational vehicles in these stalls difficult to do
without going off of the pavement into the grass.
Staff is proposing to remedy the situation by allowing a maximum width of thirty-three feet (33'} within the
first eighteen feet (18-) of the garage so that residents are able to park in front of all three (3) garage stalls.
Staff is simultaneously proposing that driveways be required to taper to twenty-six feet (26'} within thirty
feet (30') of the garage's front elevation. This provides an eighteen foot (18') parking space in front of the
third garage stalls and twelve feet (12') of taper, which should provide the room necessary to easily pull into
and out of the third garage stall. Lot coverage requirements will remain unchanged and still apply to all
single-family residence properties in the village.
Article XXII, Section 14.2205: Accessible Parking Requirements
The village amended the accessible parking requirements in 2016 to be in-line with requirements put
forward by the State of Illinois in the Illinois Accessibility Code. However., the State of Illinois changed the
Illinois Accessibility Code just last year. Staff is proposing to move away from providing specific language
regarding accessible parking design and believes that the code should instead reference the Illinois
Accessibility Code so that the parking regulations are always consistent with the state's regulations.
Article XXIV.- Definitions
As stated previously, staff is proposing several new definitions to facilitate the proposed amendments. They
include alterations to the definition of amusement, shooting gallery, primitive weapon gallery, tobacco/vape
shop, and tobacco/vape lounge.
Chapter 11, Article 5: Bowling Alleys, Billiard Parlors, and Shooting Galleries
Chapter 11 of the Village Code contains regulations regarding individual business types. Due to the
proposed separation of primitive weapon uses from shooting galleries, Chapter 11 must also be updated.
Staff is proposing that 'primitive weapon galleries' be made part of Article 5: Bowling Alleys, Billiard Parlors,
and Shooting Galleries, and all associated regulations, fees, and inspections be consistent with shooting
galleries as amended.
Standards for Text Amendments
The standards for text amendments are listed in Section 14.203.D of the Village Zoning Ordinance for the
Planning and Zoning Commission to consider. The standards are:
The general applicability of the amendment to the community, rather than an individual parcel;
Consistency of the amendment with objectives of the Zoning Code and Comprehensive Plan;
The degree to which the amendment would create non -conformity;
The degree to which the amendment would make the Zoning Code more permissive; and
Consistency of the amendment with Village policy as established by previous rulings.
4
12
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 of Mount Prospect. The amendments are
comprehensive in nature, and will have limited impact on creating additional nonconformities. While
creating new uses and allowing other uses in different zoning districts, the proposed amendments do not
make the zoning ordinance more permissive as a whole. The majority of the proposed changes are intended
to reflect current Village objectives as outlined in the Comprehensive Plan and other accepted planning
documents. The proposed amendments satisfy the standards for text amendments as required in the zoning
code.
The proposed text amendments to the zoning code are contained in the attached documents. Modifications to
,,addill, and mfloicat'lons, of exlqt.�n RLJI,'ations. The
Jons. y,.rel. i
. _L _
each of the chapters are indicated as 4e��� 11, 3
proposed text amendments meet the standards contained in Section 14-203.D of the Zoning Ordinance. Based
on these findings, staff recommends that the Planning and Zoning Commission make a recommendation to
the Village Board to approve the following motion:
1. "To approve the text amendments as outlined in the attached documents for case PZ -10-20 which
should perform certain amendments to the text of both the Village's Zoning and Merchants,
Businesses., Occupations, and Amusements regulations."
The Village Board's decision is final for this case.
''Will
ATTACHMENTS: ADMINISTRATIVE CONTENT
(Zoning Request Application, Responses to
Standards, etc...)
I concur:
William J. Cooney, Al&t
Director of Community Development
PLANS
(Plat of Survey, Site Plan, etc.)
H-WLAMPlanning & Zoning COMP&Z 20201Staff Reports\PZ-1 0-20 50 S Emerson Street (Text Amendments) docx
OTHER
(Supplemental Information,
Pubfit Comments Received,
etc
5
13
I -ho%jVillage of Mount Prospect
uvT
Community Development Department
50 S. Emerson Street
Mount Prospect, Illinois 60056
Phone: (847) 818-5328
I. Subject Property
Address(es):
Zoning District (s): Property Area (Sq.Ft. and Por .. A reage):
Parcel Index Number(s) (PIN(s):
11. Zoning Request(s) (Check all that apply)
❑ Conditional Use: For
❑ Variation(s): To
El Zoning Map Amendment: Rezone From To
ng Text Amendment: Section(s)
❑ Other:
W. Applicant (all correspondence will be sent to the applicant)
----- . .........
tion:
................. . M'11104��'r+
Name: 0� 14 1 cvftyul Corpora ea"
Address:�
10
City, State, ZIP Code,,,
116
Phone:L Email-, SQ
. . ..........
Interest in Property: r:P%--u4AAAj%
(e.gowner, buyer'deviloper, lessee, archil ft, etc 1, . 0.,
I )
1
M
14
V Property Owner
FICheck if Same as Applicant
.......... — ------
Name: Corporation:
Address:
City, State, ZIP Code:
Phone: Email:
In consideration of the information contained in this petition as well as all supporting documentation, it is
requested that approval be given to this request. The applicant is the owner or authorized representative of the
owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount
Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of
the subject property.
I hereby affirm that all information provided herein and in all materials submitted in association with this
application are true and accurate to the best of my knowledge.
Applicant: Date:
(Signature)
(Print or Type Name)
If applicant is not property owner:
I hereby designate th applicant to act as my agent for the purpose
application and the s ociated sup rting materiaL
le e,r*
Pro rt, 'Own *
(Sign tore)
.............
(Print or Type game) - --------- --------
of seeking the zoning request(s) described in this
Date.- /+/�
15
1
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ -10-20 Hearing Date: June 11, 2020
PROPERTY ADDRESS: 50 S. Emerson Street
PETITIONER: Village of Mount Prospect
PUBLICATION DATE: May 27,.2020
REQUEST: Text Amendments
MEMBERS PRESENT: Joseph Donnelly
Sharon Otteman
William Beattie
Agostino Filippone
Walter Szymczak
Thomas Fitzgerald
Norbert Mizwicki
MEMBERS ABSENT: Lisa Griffin
STAFF MEMBERS PRESENT Connor Harmon — Development Planner
William J. Cooney., AICP — Director of Community
Development
INTERESTED PARTIES: Village of Mount Prospect
Chairman Donnelly called the meeting to order at 7:01 pm. Commissioner Beattie made a motion
seconded by Commissioner Fillippone to approve the minutes from the Planning and Zoning
Commission meeting on March 12, 2020. The minutes were approved 5-0, with Commissioner Filippone
and Commissioner Szyzczak abstaining. Chairman Donnelly introduced case number,. PZ -10-20 50 S.
Emerson Street, as text amendments. This case is Village Board final.
Mr. Harmon gave a presentation explaining the proposed text amendments and the reasoning behind
each amendment. The Commission had some discussion on some of the amendments. Mr. Harmon
explained that staff proposes to remove the unenclosed front porch section of the Village Code., and
make front porches permitted obstructions in the permitted obstructions table.
Chairman Donnelly asked if a roof will still be required with the amendment to the unenclosed front
porch section of the Village Code. Mr. Harmon indicated that a roof will still be required.
There was some general discussion on entertainment uses, primitive weapons and what the difference
is between a primitive weapon gallery and a shooting gallery.
Planning & Zoning Commission Meeting -June 11, 2020 PZ -10-20
Joseph Donnelly, Chair
im
Mr. Harmon and Mr. Cooney explained that primitive weapon galleries are places for profit that let
patrons test their skills using axes, bows and arrows, and other weapons for score or prize. A shooting
gallery is practicing or testing skills at guns discharging projectiles to a target or object.
Mr. Harmon stated the reasoning behind the automobile sales, new and used land use and the truck
sales, rental and repair land use. Mr. Harmon further explained that expanding this use would give
vacant sites more flexibility to develop land.
Commissioner Filippone asked how this would impact the United Airlines property. There was some
general discussion on truck parking, and how the Village would still not allow strictly truck parking as the
primary use on any property.
Mr. Harmon explained that cartage and express facilities are proposed to be removed from the land use
table as this is an outdated use, and more or less part of a distribution and storage supply chain as
designed.
Mr. Harmon further explained the last 2 land use changes, including separating tobacco and vape shops
and tobacco/vape lounges into 2 uses, and creating a microbreweries land use designation.
There was some discussion on how dangerous vaping is compared to tobacco, and the reasoning behind
the land use choices within the microbreweries land use.
Mr. Harmon stated the proposed setback change on corner lots, and explained that this would give
corner lot homeowners more space to develop or improve their property while still conforming to lot
coverage regulations.
There was discussion on if this includes all corner lots. Mr. Cooney stated that this does include all
corner lots in the Village.
Mr. Harmon explained the proposed change in the tapering requirements of driveways serving three car
garages, and explained that current regulations prohibit parking on the third stall in the driveway. Lot
coverage would still be in play. Mr. Cooney also explained that this text amendment is brought up by
staff reviewing these requests, and staff notes certain issues on certain regulations.
Mr. Harmon stated the proposed changes to the accessible parking requirements to State code, the
definitions section to update previous amendments stated in this presentation, and Chapter 11 to
reflect the proposed changes in Chapter 14.
Hearing no further comments or hands raised from the public, Chairman Donnelly closed the hearing
and asked for a motion. Commissioner Beattie made a motion seconded by Commissioner Otteman to
approve the following motion:
1. "To approve the text amendments as outlined in the attached documents for case PZ -10-20
which should perform certain amendments to the text of both the Village's Zoning and
Merchants., Businesses, Occupations, and Amusements regulations."
Planning & Zoning Commission Meeting- June 11, 2020 PZ -10-20
Joseph Donnelly, Chair
17
UPON ROLL CALL AYES: Otteman., Fitzgerald, Beattie, Mizwicki, Filippone, Szymczak, Donnelly
NAYS:
The motion was approved 7-0 with a positive recommendation to the Village Board.,
Commissioner Mizwicki made a motion seconded by Commissioner Otternan and the meeting was
adjourned at 8:16 pm.
10?
Connor Harmon
Development Planner
Planning & Zoning Commission Meeting- June 11, 2020
Joseph Donnelly, Chair
PZ -10-20
im
CHAPTER 11
MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS
11.102: RULES AND DEFINITIONS:
AMUSEMENT -r: \® III .-t-i
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IIII :
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definition does not include a bowling alley, a jukebox or other coin operated music machine or a
mechanical
riding device.
GALLERY, SHOOTING: A place maintained for profit and to give patrons an opportunity to
practice their skills at putting guns IIII�IIII IIIIIIII IIII IIII s :
�������� IIII IIII �� ��i�� i n
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line with a target or object so as to hit same, whether for a score or a prize as in a contest
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11.501: LICENSE REQUIRED:
No person shall operate or maintain a bowling alley, billiard table, pool table, bagatelle table,
pigeonhole table and/or shootin g IIII �IllliiiillllI°iiiiiiii gallery open o en to the public, except in
compliance with the provisions of this Article. It shall be unlawful for any person to operate or
maintain a bowling alley, billiard table, pool table, bagatelle table, pigeonhole table and/or
shooting gallery in the Village without first having applied for and obtained a business license
from the Village Clerk as provided in Chapter 10 of this Code in order to operate such bowling
alley, billiard table, pool table, bagatelle table, pigeonhole table and/or shooting gallery. (1981
Code)
11.502: LICENSE FEES:
A. Bowling alleys and billiard parlors shall be designated as Class I establishments and shall
pay the annual fees as set forth in Article XXXIV of this Chapter.
B. ShootingIIII �Illliiiillll:I°iiiiiiii: IIII: alleries shall a the annual fees as set forth in Article
� g pay
»IV of this Chapter. (1981 Code; Ord. 3617, 3-4-1986)
11.503: CONDUCT:
A. All persons present upon the premises containing any bowling alley, billiard table, pool
table bagatelle table pigeonhole table and/or shooting IIII �Illl iiiiillll"°IIIliii,,,,"ti � � IIII I alter shall
g table, g � � g y
conduct themselves in an orderly manner so as not to disturb the peace and quiet of those
premises by "disorderly conduct" as defined in this Code.
B. It shall be unlawful for any person to gamble, bet or permit any form of gambling or betting
in or upon any premises used as a bowling alley or containing a billiard table, pool table,
bagatelle table pigeonhole table and/or shooting IIII �Illl iiiillll °IiiiiIiiii IIII alter .(1981 Codeg �pg g � g y)
19
11.504: HOURS OF OPERATION:
A. It shall be unlawful for any person to keep open, operate or use any billiard table, pool
table bagatelle table, pigeonhole table and/or shooting in the Village
between: the hours of one o'clock (1:00) A.M. and six o'clock (6:00) A.M. on Monday through
Saturday, inclusive; and between the hours of two o'clock (2:00) A.M. and six o'clock (6:00)
A.M. on Sundays and on January 1, of each year.
B. It shall be unlawful for any person to keep open, operate or use any bowling alley in the
Village between: the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. on each day of
the year. (1981 Code)
11.505: PLACE OF BUSINESS:
Nothing in this Article shall be construed so as to be in conflict with the Zoning Ordinance of the
Village. (1981 Code)
11.506: INSPECTIONS:
It shall be the duty of the Department of Community Development to inspect every
establishment licensed under this Article as often as necessary to insure compliance with this
Article and all other ordinances relating thereto. Furthermore, with respect to shootingiiii
Piiiiiiiiiiiiiiiiiiii : �iiii galleries, the above inspections shall make certain that targets are laced
g p g p
before a backstop of steel sufficient) thick to prevent an bullet iiia "" i iiia "" from
p Y p Y ����
piercing it and so arranged that there shall be no danger from ricochetting
p g� g g g
Failure of the owner or a such operator to so arrange ���or deflected pieces o iiii��°� p g
targets shall constitute a violation of this Code. (1981 Code; Ord. 3617, 3-4-1986)
11.3410: OTHER FEES:
K. ° galleries.
Appendix A, DIVISION II — FEES, RATES, AND TAXES
Section 11.3410: OTHER FEES:
A.
Auctioneers
$150.00
annually
50.00
per month for any period less than 1 year
25.00
per day, for any period less than 1 month
B.
Carnivals and circuses
150.00
per day, with a minimum fee of $450.00 plus
$45.00 per hour ride inspection fee
C.
Concessions and sideshows
7.50
per day associated with a carnival or circus
D.
Coin in slot devices:
1. Amusement
devices/pinball/electronic games
150.00
per machine annually or $500.00 for a single
business location; whichever is less
2. Tobacco vending machines
150.00
per machine annually
3. Jukeboxes
35.00
per machine annually
4. $0.01 to $0.10 candy, gum and
nuts
5.00
per machine annually
20
21
5. All other coin in slot or reverse coin
devices
20.00
per machine annually or $250.00 for a single
business location; whichever is less
E.
Food service vehicles
150.00
per vehicle annually
F.
Gold and silver merchants:
1. Itinerant
50.00
per day
2. Permanent buyer, trader or
exchanger
175.00
annually
3. Permanent seller only
See class I establishments
G.
Golf courses/golf driving
ranges/miniature
golf courses
150.00
annually
H.
Outdoor advertisers
225.00
annually
I.
Parking lot employee identification
card
5.00
per card annually
J.
Towing services/wreckers
30.00
per towing truck annually
K.
Shooting
galleries
150.00
annually
L.
Over the counter tobacco sales
50.00
annually
M.
Itinerant merchant/vendors:
1. Itinerant merchant, hawker,
peddler,
or transient or vendor
150.00
annually
75.00
per month for any period less than 1 year; $10.00
per day for any period less than 1 month
2. Vending machine company
100.00
annually
3. Itinerant retailer registration
20.00
per registration
N.
Promotional events
20.00
per permit
O.
Massage establishment
250.00
annually first year
100.00
annually subsequent years
21
22
14.31 ENVIRONMENTALLY SENSITIVE DEVELOPMENT TECHNIQUES:
14.31 FENCES AND WALLS:
14.31 PERMITTED OBSTRUCTIONS:
A. Permitted Obstructions In Required Yards: Permitted obstructions in the C-R District are
regulated in article VII of this chapter. For all other zoning districts, the following regulations
shall be applicable to structures located within the required yards. For structures located within
the buildable area (outside of the required yards), bulk, lot coverage and other associated
regulations within this chapter shall apply.
23
Encroachments Permitted In Required Yards As Determined By The Building Setback Line
Front
Exterior
Side
Rear
Side
Arbors, not to exceed a width of 5', a depth of 3', and a height of 8',
P
P
with a minimum setback of 3' from side lot lines
Boat slips, when adjacent to a navigable waterway
P
Central air conditioning units, generators, and similar mechanical
P
equipment, subJect to the requirements in subsection Cof this section
Decorative outdoor structures, maximum footprint of 4 sq. ft.,
P
P
P
P
maximum of 2 structures per lot� with a maximum height of 8'
p
Driveways subject to the regulations noted in article XXII of this
P
P
P
P
chapter
p
Eaves, gutters, chimneys, bay windows encroaching not more than 24",
P
P
P
P
no closer than 12" to a lot line
Handicap ramps in side yards, encroaching no more than 50%
P
Landscape terraces and retaining walls, subject to approval by the
P
P
P
P
Engineering Division and issuance of a building permit
g g g
Maximum of 4 rain barrels per lot, up to 55 gallons in size each,
P
P
P
subject to the requirements in subsection of this section
J q C
Off street parking pads sub. ect to the regulations noted in article XXII
P
P
of this chapter
Open stoops and canopies no larger than 8'x 5', excluding steps
P
P
P
P
Outdoor storage cabinets, subject to requirements in subsection C of
P
this section
Patios, balconies, and decks with a minimum setback of 15' from the
P
rear lot line and outside the required side yard
Service walks, sidewalks, steps, and handicap ramps up to Win width
P
P
Service walks, sidewalks, steps, and handicap ramps up to Yin width
P
P
Sport courts with a minimum setback of 15' from the rear lot line and a
minimum 5' from the side lot line, including associated equipment such
P
as basketball standards
Stationary basketball standards, when adjacent to an existing driveway
P
P
P
P
Trellises, not to exceed 8' in height and a total width of 10', maximum
P
P
of 2 structures per lot
��
II''1111111111111111 l ilii ilii h ilii iiir � � ilii 5ilii iiii� � iiii'
I �
24
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. Number Permitted: Permitted obstructions as listed in this section shall not contribute to
the total number of accessory structures permitted per lot as regulated in section 14.306 of this
article.
C. Additional Requirements For Permitted Obstructions:
1. Rain Barrels: 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. Mechanical Equipment: 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. Number Permitted: A maximum of one (1) outdoor storage cabinet is permitted per lot.
b. Size: Outdoor storage cabinets shall not exceed one hundred (100) cubic feet in size,
and shall not exceed a height of seven feet (7').
c. Location: Outdoor storage cabinets shall not be located in a required front or exterior
side yard. 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. (Ord. 6286, 12-6-2016)
�w �
w
w u site line �w t 'iii [-) it atnF :
b. B i i� � materials � � dw st with the et ai et t�e s rUe w
�w �w �w w �w �w
r � u� ii a s n i� ii [ri �� iisti i - ui too i� i�,i r� it- ii h b iri i i � l i�
w
. i µ i i i� i � i µ iia 'i� b o iµ
VISION CLEARANCE:
25
14.604: LAND USE TABLES:
LAND USE TABLE 1
RESIDENTIAL AND RECREATIONAL ZONING DISTRICTS
Land Use
C-R
R -X
R-1
R -A
R-2
R-3
R-4
Accessory structures
P
P
P
P
P
P
P
Accessory structures greater than 30 feet in
height
C
Assisted living facility when approved as part
ofaPUD
C
C
Attached single-family homes
P
Churches, synagogues, mosques, or other
houses of worship
P1
P1
P1
P1
P1
Churches, synagogues, mosques, or other
houses of worship planned unit developments
C
C
C
C
C
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 c enter
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
1,000 feet from another family community
residence)
P
P
P
P
P
P
Family community residence (located within
1,000 feet of another family community
residence)
C
C
C
C
C
C
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
C
C
C
High schools
P1
P1
P1
P1
P1
Home occupations
P
P
P
P
P
P
Libraries
C
C
C
C
C
26
Lighted ball fields
C
B-2
B-3
B-4
B-5
B
5C
More than 1 garage
1-3
C
C
C
C
P
P
Multi -family dwellings
P
P
P
Accessory uses (10 percent retail of permitted uses)
P
P
Municipal buildings
P1
P1
P1
P1
P1
Museums
C
C
C
C
C
C
Nature preservation areas
P
C-11PI,
P
C
C
Parks and playgrounds
P
Animal daycare center and kennels
C
C
C
Personal wireless service facilities, structure
mounted
P
P
P
P
P
P
P
Planned unit developments
C
C
Antique shops
Private or parochial schools
P
P1
P1
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, and similar recreational facilities
P
Two-family dwellings
P
P
Unlighted ball fields
P
LAND USE TABLE 2
COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
Land Use
B-1
B-2
B-3
B-4
B-5
B
5C
1-1
1-3
Accessory structures
P
P
P
P
P
P
P
P
P
Accessory uses (10 percent retail of permitted uses)
P
Amusement establishment
C
C
Amusement establishment indoor only
C-11PI,
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
27
9
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 rooms)
P
P
P
P
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 center
C
P
C
C
C
Automobile sales, new or used (with 2 acres or less)
C
c'`
Automobile sales, new or used (with over 2 acres)
C
P
C
C
';''',
Bakeries
P
P
P
P
P
P
Banks and financial institutions
C
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
Brewpub
P
P
P
P
P
G
C
Business machine sales
P
P
P
P
Camera and photo supply stores, film developing
P
P
P
P
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
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 accessories
P
P
P
P
Concrete fabrication
C
Contractors', architects' and engineers' offices
P
P
P
P
P
P
Contractors', architects' and engineers' storage yards
C
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
Craft distillery
P
P
P
P
P
p
P
Dairy products, retail sales
P
P
P
P
Dance and music academies/studios
P
P
P
P
P
P
Daycare c enters
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 floor
C
P
P
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 and
delicatessen
P
P
P
P
P
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 centers, or
gymnasiums
P
P
P
P
Hearing aid stores
P
P
P
P
Heliports
G
C
Home improvement center (no outdoor storage)
P
P
P
P
29
Home improvement center with outdoor storage
C
C
Hospitals
C
Hotels and motels
C
C
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
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 watercraft sales
C
Municipal buildings
P
P
P
P
G
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 appliance sales
P
P
P
P
Outside display and sales
C
C
Outside service areas
C
C
Paint and wallpaper stores
P
P
P
P
Parking lots, other than accessory parking
C
C
P
C
C
P
W
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 accessory uses
C
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
G
C
C
Plastics processing
C
Post office
P
P
P
P
rotiiip viii�'biii v e. "° �� r .. :. � ti" �� .
P
.:.
Printing and duplicating
P
P
P
P
Printing and publishing establishments
P
Public utility and service uses
C
C
C
G
P
Public works and park district storage yards and
related facilities
P
Radio and television stations, studios and towers
C
P
C
C
P
Recycling collection centers
C
P
Religious institutions
C
Repair, rental and servicing of any article of which is
permitted in thedistrictP
p ted use
P
P
P
Research laboratories and testing facilities
P
P
Restaurants
P
P
P
P
P
G
C
Restaurants, including entertainment and dancing
P
P
P
P
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 establishments
C
C
C
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
31
Ticket agencies
P
P
P
P
Tobaccol..................."., shops
P
P
;� C.
:..
Towing agencies
P
Toy shops
P
P
P
P
Trade or vocational schools (excluding cosmetology)
P
C
Trailer and camper sales and rental
C
Transfer stations for refuse disposal
C
P
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
G
C
C
Warehouse, distribution and storage facilities
p
P
Watchman's quarters
P
P
P
P
P
Wholesale establishment
P
32
14.905: BULK REGULATIONS:
B. Yard Requirements: Any building or structure hereafter constructed or relocated in the R-1
district shall maintain minimum yards as follows:
1. All permitted and conditional uses for residential:
Front yard
30
feet
Interior side yard
10
percent of lot width or 10 feet whichever is less
Exterior side yard
21,11,1111,11,111,11,110
feet
Rear yard
25
feet
2. All permitted and conditional uses for nonresidential:
Front yard
30
feet
Interior side yard
10
feet minimum, but not less than 1/2 the height of the principal
Exterior side yard
1- 0
building
Exterior side
:. 0
feet
yard
Rear yard
Shall be equal to the height of the principal building or structure but not
less than 25 feet
14.1005: BULK REGULATIONS:
B. Yard Requirements: Any building or structure hereafter constructed or relocated in the R -A
district shall maintain minimum yards as follows:
1. All permitted and conditional uses for residential:
Front yard
30
feet
Interior side yard
5
feet
Exterior side yard
1- 0
feet
Rear yard
25
feet
2. All other permitted and conditional uses for nonresidential:
Front yard
30
feet
Interior side yard
10
feet minimum, but not less than 1/2 the height of the principal building
Exterior side.
yard
0
feet
Rear yard
Shall be equal to the height of the principal building or structure but not less
than 25 feet
33
ARTICLE XX
O/R OFFICE RESEARCH DISTRICT
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14.2204: RESIDENTIAL DRIVEWAYS:
A. Driveways: All single-family and attached single-family driveways shall conform to the
6. Attached Garages: Driveways serving attached garages shall not exceed twenty,,,,,,,,,,,, six feet
(26') in width unless otherwise regulated elsewhere in this chapter.
b. Driveways Serving Three Car Attached Garages: Driveways serving three (3) car
attached garages may be the same width as the garage, not to exceed a maximum width of
� SII I'M � �
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7. Detached Garages: Driveways serving detached garages shall not exceed twenty,,,,,,,,,,,, six
feet (26') in width unless otherwise regulated elsewhere in this chapter.
b. Driveways Serving Detached Garages: Driveways serving detached garages may be
1^o 1111
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®® . Maximum measurement shall be taken from garage's edge farthest from the side lot
line, running parallel to the garage facade.
35
14.2205: ACCESSIBLE PARKING REQUIREMENTS:
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.
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ARTICLE XXIV DEFINITIONS
14.2401: PURPOSE:
AMUSEMENT-nLEIV' 1GLE, -.
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37
CHAPTER 11
MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS
11.102: RULES AND DEFINITIONS:
AMUSEMENT: Any use that is designed, intended, or used as a test of skill or entertainment
and enjoyment without primitive weapons or other potentially dangerous objects. Examples
include, but are not limited to, arcades, trampoline parks, and bumper cars, and all games or
operations similar thereto under whatever name they may be indicated. Such definition does not
include a bowling alley, a jukebox or other coin operated music machine or a mechanical riding
device.
GALLERY, SHOOTING: A place maintained for profit and to give patrons an opportunity to
practice their skills at putting guns discharging projectiles of all kinds in line with a target or
object so as to hit same, whether for a score or a prize as in a contest.
GALLERY, PRIMITIVE WEAPON: A place maintained for profit and to give patrons an
opportunity to practice their skills at putting bows and arrows, hand axes, and other primitive
weapons in line with a target or object so as to hit same, whether for a score or a prize as in a
contest.
11.501: LICENSE REQUIRED:
No person shall operate or maintain a bowling alley, billiard table, pool table, bagatelle table,
pigeonhole table and/or shooting or primitive weapon gallery open to the public, except in
compliance with the provisions of this Article. It shall be unlawful for any person to operate or
maintain a bowling alley, billiard table, pool table, bagatelle table, pigeonhole table and/or
shooting gallery in the Village without first having applied for and obtained a business license
from the Village Clerk as provided in Chapter 10 of this Code in order to operate such bowling
alley, billiard table, pool table, bagatelle table, pigeonhole table and/or shooting gallery. (1981
Code)
11.502: LICENSE FEES:
A. Bowling alleys and billiard parlors shall be designated as Class I establishments and shall
pay the annual fees as set forth in Article XXXIV of this Chapter.
B. Shooting or primitive weapon galleries shall pay the annual fees as set forth in Article
XXXIV of this Chapter. (1981 Code; Ord. 3617, 3-4-1986)
11.503: CONDUCT:
A. All persons present upon the premises containing any bowling alley, billiard table, pool
table, bagatelle table, pigeonhole table and/or shooting or primitive weapon gallery shall
conduct themselves in an orderly manner so as not to disturb the peace and quiet of those
premises by "disorderly conduct" as defined in this Code.
B. It shall be unlawful for any person to gamble, bet or permit any form of gambling or betting
in or upon any premises used as a bowling alley or containing a billiard table, pool table,
bagatelle table, pigeonhole table and/or shooting or primitive weapon gallery. (1981 Code)
11.504: HOURS OF OPERATION:
A. It shall be unlawful for any person to keep open, operate or use any billiard table, pool
table, bagatelle table, pigeonhole table and/or shooting or primitive weapon gallery in the Village
between: the hours of one o'clock (1:00) A.M. and six o'clock (6:00) A.M. on Monday through
Saturday, inclusive; and between the hours of two o'clock (2:00) A.M. and six o'clock (6:00)
A.M. on Sundays and on January 1, of each year.
B. It shall be unlawful for any person to keep open, operate or use any bowling alley in the
Village between: the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. on each day of
the year. (1981 Code)
11.505: PLACE OF BUSINESS:
Nothing in this Article shall be construed so as to be in conflict with the Zoning Ordinance of the
Village. (1981 Code)
11.506: INSPECTIONS:
It shall be the duty of the Department of Community Development to inspect every
establishment licensed under this Article as often as necessary to insure compliance with this
Article and all other ordinances relating thereto. Furthermore, with respect to shooting and
primitive weapon galleries, the above inspections shall make certain that targets are placed
before a backstop of steel sufficiently thick to prevent any bullet, projectile, or object from
piercing it, and so arranged that there shall be no danger from ricocheting bullets, projectiles, or
objects, or deflected pieces of same. Failure of the owner or operator to so arrange such targets
shall constitute a violation of this Code. (1981 Code; Ord. 3617, 3-4-1986)
11.3410: OTHER FEES:
K. Shooting and primitive weapon galleries.
Appendix A, DIVISION II — FEES, RATES, AND TAXES
Section 11.3410: OTHER FEES:
A.
Auctioneers
$150.00
annually
50.00
per month for any period less than 1 year
25.00
per day, for any period less than 1 month
B.
Carnivals and circuses
150.00
per day, with a minimum fee of $450.00 plus
$45.00 per hour ride inspection fee
C.
Concessions and sideshows
7.50
per day associated with a carnival or circus
D.
Coin in slot devices:
1. Amusement
devices/pinball/electronic games
150.00
per machine annually or $500.00 for a single
business location; whichever is less
2. Tobacco vending machines
150.00
per machine annually
3. Jukeboxes
35.00
per machine annually
4. $0.01 to $0.10 candy, gum and
nuts
5.00
per machine annually
5. All other coin in slot or reverse coin
devices
20.00
per machine annually or $250.00 for a single
business location; whichever is less
E.
Food service vehicles
150.00
per vehicle annually
F.
Gold and silver merchants:
1. Itinerant
50.00
per day
W
,e
2. Permanent buyer, trader or
exchanger
175.00
annually
3. Permanent seller only
See class I establishments
G.
Golf courses/golf driving
ranges/miniature
golf courses
150.00
annually
H.
Outdoor advertisers
225.00
annually
I.
Parking lot employee identification
card
5.00
per card annually
J.
Towing services/wreckers
30.00
per towing truck annually
K.
Shooting and primitive weapon
galleries
150.00
annually
L.
Over the counter tobacco sales
50.00
annually
M.
Itinerant merchant/vendors:
1. Itinerant merchant, hawker,
peddler,
or transient or vendor
150.00
annually
75.00
per month for any period less than 1 year; $10.00
per day for any period less than 1 month
2. Vending machine company
100.00
annually
3. Itinerant retailer registration
20.00
per registration
N.
Promotional events
20.00
per permit
O.
Massage establishment
250.00
annually first year
100.00
annually subsequent years
,e
14.316: ENVIRONMENTALLY SENSITIVE DEVELOPMENT TECHNIQUES:
14.317: FENCES AND WALLS:
14.318: PERMITTED OBSTRUCTIONS:
A. Permitted Obstructions In Required Yards: Permitted obstructions in the C-R District are
regulated in article VII of this chapter. For all other zoning districts, the following regulations
shall be applicable to structures located within the required yards. For structures located within
the buildable area (outside of the required yards), bulk, lot coverage and other associated
regulations within this chapter shall apply.
Encroachments Permitted In Required Yards As Determined By The Building Setback Line
Front
Exterior
Side
Rear
Side
Arbors, not to exceed a width of 5', a depth of 3', and a height of 8',
P
P
with a minimum setback of 3' from side lot lines
Boat slips, when adjacent to a navigable waterway
P
Central air conditioning units, generators, and similar mechanical
P
equipment, sub' ect to the requirements in subsection of this section
J q C
Decorative outdoor structures, maximum footprint of 4 sq. ft.,
P
P
P
P
maximum of 2 structures per lot� with a maximum height of 8'
p
Driveways subject to the regulations noted in article XXII of this
P
P
P
P
chapter
p
Eaves, gutters, chimneys, bay windows encroaching not more than 24",
P
P
P
P
no closer than 12" to a lot line
Handicap ramps in side yards, encroaching no more than 50%
P
Landscape terraces and retaining walls, subject to approval by the
P
P
P
P
Engineering Division and issuance of a building permit
g g g
Maximum of 4 rain barrels per lot, up to 55 gallons in size each,
P
P
P
subject to the requirements in subsection C of this section
q
Off street parking pads sub j ect to the regulations noted in article XXII
P
P
of this chapter
Open stoops and canopies no larger than 8'x 5', excluding steps
P
P
P
P
Outdoor storage cabinets, subject to requirements in subsection C of
P
this section
Patios, balconies, and decks with a minimum setback of 15' from the
P
rear lot line and outside the required side yard
Service walks, sidewalks, steps, and handicap ramps up to Win width
P
P
Service walks, sidewalks, steps, and handicap ramps up to Yin width
F
P
P
41
Sport courts with a minimum setback of 15' from the rear lot line and a
minimum 5' from the side lot line, including associated equipment such
P
as basketball standards
Stationary basketball standards, when adjacent to an existing driveway
P
P
P
P
Trellises, not to exceed 8' in height and a total width of 10', maximum
P
P
of 2 structures per lot
Unenclosed porches, not to encroach more than 5' into the required
P
setback, excluding steps
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. Number Permitted: Permitted obstructions as listed in this section shall not contribute to
the total number of accessory structures permitted per lot as regulated in section 14.306 of this
article.
C. Additional Requirements For Permitted Obstructions:
1. Rain Barrels: 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. Mechanical Equipment: 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. Number Permitted: A maximum of one (1) outdoor storage cabinet is permitted per lot.
b. Size: Outdoor storage cabinets shall not exceed one hundred (100) cubic feet in size,
and shall not exceed a height of seven feet (7').
c. Location: Outdoor storage cabinets shall not be located in a required front or exterior
side yard. 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. (Ord. 6286, 12-6-2016)
42
4. Unenclosed Porches:
a. No site line obstruction shall be created;
b. Building materials shall be consistent with the remainder of the structure;
c. The design shall blend with the existing structure and neighboring homes; and
d. The porch shall be in character with the neighborhood.
14.319: VISION CLEARANCE:
14.604: LAND USE TABLES:
LAND USE TABLE 1
RESIDENTIAL AND RECREATIONAL ZONING DISTRICTS
Land Use
C-R
R -X
R-1
R -A
R-2
R-3
R-4
Accessory structures
P
P
P
P
P
P
P
Accessory structures greater than 30 feet in
height
C
Assisted living facility when approved as part
ofaPUD
C
C
Attached single-family homes
P
Churches, synagogues, mosques, or other
houses of worship
P1
P1
P1
P1
P1
Churches, synagogues, mosques, or other
houses of worship planned unit developments
C
C
C
C
C
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 c enter
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
43
Family community residence (located at least
1,000 feet from another family community
residence)
P
P
P
P
P
P
Family community residence (located within
1,000 feet of another family community
residence)
C
C
C
C
C
C
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
C
C
C
High schools
PI
PI
PI
PI
PI
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
PI
PI
PI
PI
PI
Museums
C
C
C
C
C
C
Nature preservation areas
P
Parks and playgrounds
P
Personal wireless service facilities, structure
mounted
P
P
P
P
P
P
P
Planned unit developments
C
Private or parochial schools
PI
PI
PI
PI
PI
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, and similar recreational facilities
P
Two-family dwellings
P
P
Unlighted ball fields
P
MA
LAND USE TABLE 2
COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
Land Use
B-1
B-2
B-3
B-4
B-5
B
5C
1-1
1-3
Accessory structures
p
p
p
p
p
p
p
p
Accessory uses (10 percent retail of permitted uses)
p
Amusement establishment
C
C
Amusement establishment indoor only
p
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
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 rooms)
p
p
p
p
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 center
C
p
C
C
C
Automobile sales, new or used (with 2 acres or less)
C
C
Automobile sales, new or used (with over 2 acres)
C
p
C
C
C
Bakeries
p
p
p
p
p
p
Banks and financial institutions
C
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
Brewpub
p
p
p
p
p
C
Business machine sales
p
p
p
p
Camera and photo supply stores, film developing
p
p
p
p
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
Catering services
C
C
C
45
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
Computer sales, service and accessories
p
p
p
p
Concrete fabrication
C
Contractors', architects' and engineers' offices
p
p
p
p
p
p
Contractors', architects' and engineers' storage yards
C
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
Craft brewery
p
p
p
p
C
Craft distillery
p
p
p
p
p
p
Dairy products, retail sales
p
p
p
p
Dance and music academies/studios
p
p
p
p
p
p
Daycare c enters
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 floor
C
p
p
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 and
delicatessen
P
P
P
P
P
Funeral homes
C
C
C
ie
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 centers, or
gymnasiums
P
P
P
P
Hearing aid stores
P
P
P
P
Heliports
C
Home improvement center (no outdoor storage)
P
P
P
P
Home improvement center with outdoor storage
C
C
Hospitals
C
Hotels and motels
C
C
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
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
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 watercraft sales
C
Municipal buildings
P
P
P
P
P
Museums
P
P
P
P
P
Music stores
P
P
P
P
EN
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
Optical, orthopedic and medical appliance sales
P
P
P
P
Outside display and sales
C
C
Outside service areas
C
C
Paint and wallpaper stores
P
P
P
P
Parking lots, other than accessory parking
C
C
P
C
C
P
Party supply stores
P
P
P
P
Personal wireless service facilities
P
P
P
P
P
P
P
P
Pet shops and grooming establishments
P
P
P
P
Petroleum tank farm and related accessory uses
C
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
Plastics processing
C
Post office
P
P
P
P
Primitive weapon galleries
P
P
C
C
C
Printing and duplicating
P
P
P
P
Printing and publishing establishments
P
Public utility and service uses
C
C
C
P
Public works and park district storage yards and
related facilities
P
Radio and television stations, studios and towers
C
P
C
C
P
Recycling collection centers
C
P
Religious institutions
C
Repair, rental and servicing of any article of which is
permitted use in the district
P
P
P
P
Research laboratories and testing facilities
P
Restaurants
P
P
P
P
P
C
Restaurants, including entertainment and dancing
P
P
P
P
Secondhand stores and rummage shops
P
P
P
P
Shoe stores
P
P
P
P
Shooting galleries
C
C
Sporting goods stores
P
P
P
P
Sports training and teaching establishments
C
C
C
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/Vape shops
p
p
Tobacco/Vape Lounges
C
C
Towing agencies
p
Toy shops
p
p
p
p
Trade or vocational schools (excluding cosmetology)
p
C
Trailer and camper sales and rental
C
Transfer stations for refuse disposal
C
p
Travel agencies
p
p
p
p
p
Truck sales, rental and repair
C
C
Tutoring center
p
p
p
p
Unique use
C
C
C
C
C
C
C
C
Warehouse, distribution and storage facilities
p
Watchman's quarters
p
p
p
p
p
Wholesale establishment
p
wo
14.905: BULK REGULATIONS:
B. Yard Requirements: Any building or structure hereafter constructed or relocated in the R-1
district shall maintain minimum yards as follows:
1. All permitted and conditional uses for residential:
Front yard
30
feet
Interior side yard
10
percent of lot width or 10 feet whichever is less
Exterior side yard
10
feet
Rear yard
25
feet
2. All permitted and conditional uses for nonresidential:
Front yard
3 0
feet
Interior side yard
10
feet minimum, but not less than 1/2 the height of the principal building
Exterior side
yard
10
feet
Rear yard
Shall be equal to the height of the principal building or structure but not
less than 25 feet
14.1005: BULK REGULATIONS:
B. Yard Requirements: Any building or structure hereafter constructed or relocated in the R -A
district shall maintain minimum yards as follows:
1. All permitted and conditional uses for residential:
Front yard
30
feet
Interior side yard
5
feet
Exterior side yard
10
feet
Rear yard
25
feet
2. All other permitted and conditional uses for nonresidential:
Front yard
3 0
feet
Interior side yard
10
feet minimum, but not less than 1/2 the height of the principal building
Exterior side
yard
10
feet
Rear yard
Shall be equal to the height of the principal building or structure but not less
than 25 feet
W
ARTICLE XX
O/R OFFICE RESEARCH DISTRICT
14.2204: RESIDENTIAL DRIVEWAYS:
A. Driveways: All single-family and attached single-family driveways shall conform to the
6. Attached Garages: Driveways serving attached garages shall not exceed twenty-six feet
(26') in width unless otherwise regulated elsewhere in this chapter.
b. Driveways Serving Three Car Attached Garages: Driveways serving three (3) car
attached garages may be the same width as the garage, not to exceed a maximum width of
thirty three feet (33') within the first eighteen feet (18') of the garage's front elevation, and shall
taper to a width no greater than twenty-six feet (26') within thirty feet (30') of the garage's front
elevation.
7. Detached Garages: Driveways serving detached garages shall not exceed twenty-six
feet (26') in width unless otherwise regulated elsewhere in this chapter.
b. Driveways Serving Detached Garages: Driveways serving detached garages may be
the same width as the garage not to exceed a maximum width of thirty three feet (33') within the
first eighteen feet (18') of the garage's front elevation, and shall taper to a width no greater than
twenty-six feet (26') within thirty feet (30') 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.
14.2205: ACCESSIBLE PARKING REQUIREMENTS:
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 And Markings: Accessible stall dimensions, striping, and access aisles shall be
consistent with the Illinois Accessibility Code.
ARTICLE XXIV DEFINITIONS
14.2401: PURPOSE:
AMUSEMENT: Any use that is designed, intended, or used as a test of skill or entertainment
and enjoyment without primitive weapons or other potentially dangerous objects. Examples
include, but are not limited to, arcades, trampoline parks, bumper cars, and all games or
operations similar thereto under whatever name they may be indicate. Such definition does not
include a bowling alley, a jukebox or other coin operated music machine, mechanical riding
device, or video gaming as is defined in the Illinois Video Gaming Act, 230 Illinois Compiled
Statutes 40/1 et seq.
GALLERY, SHOOTING: A place maintained for profit and to give patrons an opportunity to
practice their skills at putting guns discharging projectiles of all kinds in line with a target or
object so as to hit same, whether for a score or a prize as in a contest.
51
GALLERY, PRIMITIVE WEAPON: A place maintained for profit and to give patrons an
opportunity to practice their skills at putting bows and arrows, hand axes, and other primitive
weapons in line with a target or object so as to hit same, whether for a score or a prize as in a
contest.
CRAFT BREWERY: An establishment which brews beer on its premises and is licensed as a
craft brewery by the State of Illinois. In B-2, B-3, B-4, B-5, and B -5C Zoning Districts, space
shall include a retail component, including areas for sales of packaged beer or brewed products,
as well as seating areas for consumption. In 1-1 Zoning District, the retail portion of the space
shall not exceed ten percent (10%) of the floor area.
TOBACCONAPE SHOP: A retail establishment which offers the sale or distribution of tobacco,
smokeless tobacco, or alternative nicotine products. "Retail" means the sale of commodities in
small quantities directly to the ultimate customer.
TOBACCONAPE LOUNGE: An establishment where patrons share or smoke alternative
nicotine products or shisha (flavored tobacco). Tobacco and Vape Lounges must abide by all
regulations set forth by the State of Illinois.
52
ORDINANCE NO,
AN ORDINANCE AMENDING CHAPTER 7 "SIGN REGULATIONS," CHAPTER 11
"MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS" AND
CHAPTER 14 "ZONING' OF THE
VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS
WHEREAS, the Village of Mount Prospect (the "Village") is a home rule municipality,
having all of the powers and authority granted to such municipalities pursuant to Article VII,
Section 6 of the Illinois Constitution of 1970, including the right to exercise any power and perform
any function pertaining to its government and affairs; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire
to make certain amendments to the Village Code of Mount Prospect as set forth below; and
WHEREAS, pursuant to the authority granted under the Illinois Municipal Code and in
accordance with home rule authority granted home rule municipalities, the President and Board of
Trustees of the Village of Mount Prospect approve the amendments as set forth below.
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: Section 14.319 "Permitted Obstruction," of Article III, "General
Provisions," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be amended as
follows:
14.319: PERMITTED OBSTRUCTIONS:
A. Permitted Obstructions In Required Yards: Permitted obstructions in the C-R District are
regulated in article VII of this chapter. For all other zoning districts, the following regulations shall
be applicable to structures located within the required yards. For structures located within the
buildable area (outside of the required yards), bulk, lot coverage and other associated regulations
within this chapter shall apply.
Encroachments Permitted In Required Yards As Determined By The Building Setback Line
Front
Exterior
Side
Rear
Side
Arbors, not to exceed a width of 5', a depth of 3', and a height of 8',
P
P
with a minimum setback of 3' from side lot lines
Boat slips, when adjacent to a navigable waterway
P
Central air conditioning units, generators, and similar mechanical
P
equipment, subject to the requirements in subsection C of this section
Decorative outdoor structures, maximum footprint of 4 sq. ft.,
P
P
P
P
maximum of 2 structures per lot, with a maximum height of 8'
53
Driveways subject to the regulations noted in article XXII of this
P
P
P
P
chapter
Eaves, gutters, chimneys, bay windows encroaching not more than
P
P
P
P
24", no closer than 12" to a lot line
Handicap ramps in side yards, encroaching no more than 50%
P
Landscape terraces and retaining walls, subject to approval by the
P
P
P
P
Engineering Division and issuance of a building permit
Maximum of 4 rain barrels per lot, up to 55 gallons in size each,
P
P
P
subject to the requirements in subsection C of this section
Off street parking pads subject to the regulations noted in article
P
P
XXII of this chapter
Open stoops and canopies no larger than 8'x 5', excluding steps
P
P
P
P
Outdoor storage cabinets, subject to requirements in subsection C of
P
this section
Patios, balconies, and decks with a minimum setback of 15' from the
P
rear lot line and outside the required side yard
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
Sport courts with a minimum setback of 15' from the rear lot line and
P
a minimum 5' from the side lot line, including associated equipment
such as basketball standards
Stationary basketball standards, when adjacent to an existing
P
P
P
P
driveway
Trellises, not to exceed 8' in height and a total width of 10',
P
P
maximum of 2 structures per lot
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m
setback
„„,;,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, :r. stens
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. Number Permitted: Permitted obstructions as listed in this section shall not contribute to
the total number of accessory structures permitted per lot as regulated in section 14.306 of this
article.
C. Additional Requirements For Permitted Obstructions:
AM
1. Rain Barrels: 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. Mechanical Equipment: 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. Number Permitted: A maximum of one (1) outdoor storage cabinet is permitted per lot.
b. Size: Outdoor storage cabinets shall not exceed one hundred (100) cubic feet in size, and
shall not exceed a height of seven feet (7').
c. Location: Outdoor storage cabinets shall not be located in a required front or exterior side
yard. 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.
4.
n nc se r es:
a. ............. J.1 e............ ]....J.D....e............ o b stru c t J.Q n s a b e c e qt e d
terials shall. be c.ts ste t with the re .a ier of the structure*,
®e ................. .............. ........... ............. .esu s en t eth. e sti.n stricture n r es® n
d..:e rc shall. e in. character with thenes r .
..................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .........................................
SECTION 2: Section 14.604 "Land Use Tables," of Article VI, "Zoning Districts," to
Chapter 14, "Zoning," to the Mount Prospect Village Code shall be amended as follows:
14.604: LAND USE TABLES:
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
55
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, I-1, and I-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
Land Use
C-R
R -X
R-1
R -A
R-2
R-3
R-4
Accessory structures
P
P
P
P
P
P
P
Accessory structures greater than 30 feet in height
C
Assisted living facility when approved as part of a PUD
C
C
Attached single-family homes
P
Churches, synagogues, mosques, or other houses of worship
P1
P1
P1
P1
P1
Churches, synagogues, mosques, or other houses of worship
Tanned unit developments
C
C
C
C
C
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
,,. andi ,tta e �n ar ara e t a t car
ara 1n t e r .:re ter1 r s ar set ... a
Family community residence (located at least 1,000 feet
from another family community residence)
P
P
P
P
P
P
Family community residence (located within 1,000 feet of
another family community residence)
C
C
C
C
C
C
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
C
C
C
High schools
P1
P1
P1
P1
P1
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
56
Municipal buildings
B-1 B-2 B-3
P1
P1
P1
P1
P1
Accessory structures
Museums
C
C
C
C
C
C
Nature preservation areas
P
P
Amusement establishment
C
C
Parks and playgrounds
P
GP
P
C
C
Animal daycare center and kennels
Personal wireless service facilities, structure mounted
P
P
P
P
P
P
P
Planned unit developments
C
Antique shops
P
P
P
P
Private or parochial schools
P1
P1
P1
P1
P1
Art and school supply stores
Public recreational facilities
P
P
P
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, and
similar recreational facilities
P
Two-family dwellings
P
P
Unlighted ball fields
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
Land Use
B-1 B-2 B-3
B-4
B-5
B-
SC
9IR
I-1 I-3
Accessory structures
P P P
P
P
P
P P P
Accessory uses (10 percent retail of permitted uses)
P
Amusement establishment
C
C
Amusement establishment indoor only
GP
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
Art and school supply stores
P
P
P
P
57
Art and woodcraft studios
P
P
P
P
Art, sculptor, and composer studios
P
P
P
P
Art shops or galleries (not auction rooms)
P
P
P
P
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 center
C
P
C
C
C
Automobile sales, new or used (with 2 acres or less)
C
Automobile sales, new or used (with over 2 acres)
C
P
C
C
Bakeries
P
P
P
P
P
P
Banks and financial institutions
C
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
Brewpub
P
P
I P
P
P C
C
Business machine sales
P
P
P
P
Camera and photo supply stores, film developing
P
P
P
P
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
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 accessories
P
P
P
P
Concrete fabrication
C
Contractors', architects' and engineers' offices
P
P
P
P
P
P
Contractors', architects' and engineers' stora eyards
C
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
rat re r .
Craft distillery
P
P
P
P
P p
P
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/pharmacyDrugstore/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 floor
C
P
P
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 and delicatessen
P
P
P
P
P
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 centers, or
gymnasiums
P
P
P
P
Hearing aid stores
P
P
P
P
Heliports
C
C
Home improvement center no outdoor storage)
P
P
P
P
Home improvement center with outdoor storage
C
C
Hospitals
C
Hotels and motels
C
C
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
Machine sales
C
Mail order, catalog stores
P
P
P
P
Mail order houses
P
Manufacturing, heavy
C
59
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 watercraft sales
C
Municipal buildings
P
P
P
P
G
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
Optical, orthopedic and medical appliance sales
P
P
P
P
Outside display and sales
C
C
Outside service areas
C
C
Paint and wallpaper stores
P
P
P
P
Parking lots, other than accessory parking
C
C
P
C
C
P
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 accessory uses
C
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
Prnit Qns, Galler
PP
Printing and duplicating
P
P
P
P
Printing and publishing establishments
P
Public utility and service uses
C
C
C
G
P
Public works and park district storage yards and related
facilities
P
Radio and television stations, studios and towers
C
P
C
C
P
Recycling collection centers
C
P
Religious institutions
C
Repair, rental and servicing of any article of which is
permitted use in the district
P
P
P
P
Research laboratories and testing facilities
P
Restaurants
P
P
P
P
P
C
C
Restaurants, including entertainment and dancing
P
P
P
P
Secondhand stores and rummage shops
P
P
P
P
Shoe stores
P
P
P
P
Shooti.n. Galleries
C
•1
Sporting oods stores
P
P
P
P
75 foot minimum width
Sorts training and teaching establishments
C
C
C
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/Va e Shops
P
P
J'obacco/vqp,e L, es
Towing agencies
P
Toy shops
P
P
P
P
Trade or vocational schools (excluding cosmetology)
P
C
Trailer and camper sales and rental
C
Transfer stations for refuse disposal
C P
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 facilities
P
P
Watchman's quarters
P
P
P
P
P
Wholesale establishment
P
P_
SECTION 3: Section 14.905 "Bulk Regulations," of Article IX, "R-1 Single -Family
Residence District," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be
amended as follows:
14.905: BULK REGULATIONS:
A. Lot Size And Area Requirements: The minimum area and width for any lot in the R-1 district
shall be as follows:
Interior lot
8,125 square feet
65 foot minimum width
Corner lot
9,375 square feet
75 foot minimum width
B. Yard Requirements: Any building or structure hereafter constructed or relocated in the R-1
district shall maintain minimum yards as follows:
1. All permitted and conditional uses for residential:
Front yard 30 feet
61
Interior side yard
10
percent of lot width or 10 feet whichever is less
Exterior side yard
X10
feet
Rear yard
25
feet
2. All permitted and conditional uses for nonresidential:
Front yard
30
feet
Interior side yard
10
feet minimum, but not less than 1/2 the height of the principal building
Exterior side
yard
1
feet
Rear yard
Shall be equal to the height of the principal building or structure but not less than 25
feet
C. Coverage Limitations:
1. Lot Coverage: No lot in the R-1 district shall be developed with total impervious surfaces
exceeding forty five percent (45%) for permitted and conditional residential uses, or seventy five
percent (75%) for permitted and conditional nonresidential uses.
2. Front And Exterior Side Yard Coverage: No front or exterior side yard of asingle-family
residence in the R-1 district shall be developed with total impervious surfaces exceeding forty five
percent (45%) of the required yard.
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
eve 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.
e. Radio and television antennas attached to the principal structure.
E. Floor Area Ratio (FAR): FAR shall not exceed 0.5.
62
SECTION 4: Section 14.1005 "Bulk Regulations," of Article X, "R -A Single -Family
Residence District," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be
amended as follows:
14.1005: BULK REGULATIONS:
A. Lot Size And Area Requirements: The minimum area for any lot in the R -A district shall be
six thousand (6,000) square feet with a minimum width of fifty feet (50').
B. Yard Requirements: Any building or structure hereafter constructed or relocated in the R -A
district shall maintain minimum yards as follows:
1. All permitted and conditional uses for residential:
Front yard
30
feet
Interior side yard
5
feet
Exterior side yard
,, 0.1
feet
Rear yard
25
feet
2. All other permitted and conditional uses for nonresidential:
Front yard
30
feet
Interior side yard
10
feet minimum, but not less than 1/2 the height of the principal building
Exterior side
yard
1
feet
Rear yard
Shall be equal to the height of the principal building or structure but not less than 25
feet
C. Coverage Limitations:
1. Lot Coverage: No lot in the R -A district shall be developed with total impervious surfaces
exceeding fifty percent (50%) for permitted and conditional residential uses, or seventy five
percent (75%) for permitted and conditional nonresidential uses.
2. Front And Exterior Side Yard Coverage: No front or exterior side yard of asingle-family
residence in the R -A district shall be developed with total impervious surfaces exceeding fifty
percent (50%) of the required yard.
D. Height Limitations: The following height limitations apply to principal buildings
constructed in the R -A district:
63
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.
E. Floor Area Ratio (FAR): FAR shall not exceed 0.5.
SECTION 5: Article XX, "O/R Office Research District," to Chapter 14, "Zoning," to the
Mount Prospect Village Code shall be amended as follows:
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SECTION 6: Section 14.2204 "Residential Driveways,” of Article XXII, "Off Street
Parking and Loading District," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall
be amended as follows:
14.2204: RESIDENTIAL DRIVEWAYS:
A. Driveways: All single-family and attached single-family driveways shall conform to the
following requirements:
1. 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.
2. Minimum Driveway Width: Minimum driveway width shall be eight feet (8').
3. Parking Strips: 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: 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. Unobstructed From Encroachments: All driveways shall be unobstructed from any
encroachment such as chimneys, fireplaces, and bay windows.
6. Attached Garages: 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: Driveways serving three (3) car
attached garages may be the same width as the garage, not to exceed a maximum width of thirty
three feet (33') withiD.. the fi..rS.t ...........eighteen feet 1.8' af the ara e s r nt ele ate and shall
be
tapered to a width no greater than twenty,,,,,,,,,six feet (26') within eighteen feet (18') of the garage's
front elevation.
7. Detached Garages: 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: Driveways serving detached garages may be the
same width as the garage not exceed a maximum widthf thrt three thin the
gJ hte n feet f l y f the ra 's front nt el vati n, and shall tapered to a width no greater than
twenty,,,,,,,,,six feet (26') withineig4iteen4eet-(1-91) ' thi r feet ( ') 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 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:
67
a. Parking pads shall be accessible via a driveway serving an attached garage and may
encroach into required yards.
b. Parking pads shall be a minimum of eight feet (8') in width and shall not exceed two
hundred (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: Driveways serving multi -family
residential lots shall be considered drive aisles and shall meet the parking lot design standards of
this Code.
SECTION 7: Section 14.2205 "Accessible Parking Requirements," of Article XXII, "Off
Street Parking and Loading District," to Chapter 14, "Zoning," to the Mount Prospect Village Code
shall be amended as follows:
14.2205: ACCESSIBLE PARKING REQUIREMENTS:
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 And Markings: Accessible ssble stallimens on......................................................................................................................................................................................................................................................................................... ............ . . ..................... stri.............................. 1. i � an access isl shad. e
consistent with. t .e .I .... . . ... . cess ....tCp.d.e.
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .............q �
B. Number: All parking lots required by this chapter shall provide the following number of
accessible parking stalls:
TABLE 1
Total Number Of Parking Spaces
Provided
Total Minimum Number Of Accessible Parking
Spaces Required
1-25
1
26-50
2
51 -75
3
76- 100
4
101-150
5
151-200
6
201-300
7
301-400
8
401-500
9
501- 11000
2 percent total parking provided
1,001 and over
20 plus 1 for each 100 over 1,000
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.
SECTION 8: Section 14.2401 "Purpose," of Article XXIV, "Definitions," to Chapter 14,
"Zoning," to the Mount Prospect Village Code shall be amended as follows:
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
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commercial broadcasting, public safety communication, or professional two-way radio services.
Also known as "ham radio".
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ANTENNA: A system of wires, poles, rods, reflecting disk, or similar devices used for 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 (3) or more nonlinear 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.
70
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i
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ANTENNA: A system of wires, poles, rods, reflecting disk, or similar devices used for 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 (3) or more nonlinear 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.
70
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.
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.
BREWPUB : A restaurant which brews beer on its premises and is licensed as a brewpub by the
State of Illinois.
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.
71
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 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.
BREWERY: n. est . i shment which brewbeer � its r es usa�� . s licensedas
..........................................
craft ire e e u.....
t to s. ... str is ace shall
include re -tail. c
. n n . ....
t include e res .or sales ...i.. 13ack.a pec beer or brewe r . ucts� s well
72
.
s s at1.n ar a r ns t,. l 1 nn.strcts t r t,.. rt n t ace shall. n .... t
exceed ten rentf 100%)of the . r area.
CRAFT DISTILLERY: A place that manufactures and delivers beer or distilled spirits for on
premises and off premises consumption, and is licensed by the State of Illinois. In B-2, B-3, B-4,
B-5, and B -5C Zoning Districts, space shall include a retail component, including areas for sales
of packaged beer or distilled spirits, as well as seating areas for consumption. In I-1 Zoning
District, the retail portion of the space shall not exceed ten percent (10%) of the floor area.
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 shall 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
73
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 COMMiJNITY 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.
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.
74
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.
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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.
75
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 COMMiJNITY 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 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.
76
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 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
77
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.
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.
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 upon 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.
79
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.
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 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.
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. Such a triangle shall have legs often feet (10') along the rights-of-way when two
(2) streets intersect or when aright- of -way and a driveway intersect.
SITE PLAN: Refer to section 15.202 of this Code.
SMALL WIRELESS FACILITY: Refer to section 9.8A03 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: Antennas located on private property, typically located
on structures such as water towers, 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 this chapter 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.
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TRELLIS: A decorative feature, linearly constructed of latticed or patterned materials, often used
to support climbing plants, that is no more than twenty five percent (25%) opaque. Temporary
trellises used to support seasonal plants, such as tomato cages or bean pole frames, shall not be
considered trellises for the purposes of the regulations outlined in section 14.319 of this chapter.
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.
UNIQUE USE: A use not listed as a permitted use, special use or conditional use within any
zoning district.
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.
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.
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.
SECTION 9: Section 11.102 "Rules and Definitions," of Article I, "Purpose and
Definitions," to Chapter 11, "Merchant, Business, Occupations and Amusements," to the Mount
Prospect Village Code shall be amended as follows:
11.102: RULES AND DEFINITIONS:
A. The language set forth in the text of this chapter shall be interpreted in accordance with the
following rules of construction:
1. The singular number includes the plural number and the plural the singular.
2. The word "shall" is mandatory; the word "may" is permissive.
3. The masculine gender includes the feminine and neuter.
B. 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 section, except
when the context otherwise indicates.
ALTERNATIVE NICOTINE PRODUCT: Any product or device not consisting of or containing
tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking,
absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. Alternative tobacco
products specifically include e -cigarettes as defined in this section. The term alternative nicotine
product excludes any product approved by the United States food and drug administration as a
nontobacco product for sale as a tobacco use cessation product or for other medical purposes, and
is being marketed and sold solely for that approved purpose.
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AUCTIONEER: An individual person employed to sell or put up material goods, chattel or real
estate at auction or any individual person employed to assist one or more auctioneers or to assist
in the proceedings of auction.
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BANKER: One who is engaged in the business of banking by receiving money on deposit with
or without interest or for a share in the association with or without interest, by buying and selling
bills of exchange, promissory notes, gold or silver coins, bullion, uncurrent money, bonds or stocks
or other securities and by loaning money.
BARBER: One who makes a business of shaving and trimming beards and cutting and dressing
hair.
BARBERING: The business of shaving and trimming beards and cutting and dressing hair.
BEAUTY CULTURE: Any one or any combination of the following practices constitutes the
practice of beauty culture when done for cosmetic or beautifying purposes and not for the treatment
of disease or of muscular or nervous disorder: the application of cosmetic preparations to the
human body by massaging, stroking, kneading, slapping, tapping, stimulating, manipulating,
exercising, cleansing, beautifying or by means of devices, apparatus or appliances; arranging,
dressing, marcelling, curling, waving, cleansing, singeing, bleaching, coloring, dyeing, tinting or
otherwise treating by any means the hair of any person.
BEAUTY CULTURIST: One who applies cosmetic preparations to the human body by
massaging, stroking, kneading, slapping, tapping, stimulating, manipulating, exercising, cleansing,
beautifying or by means of devices, apparatus or appliances; arranging, dressing, marcelling,
curling, waving, cleansing, singeing, bleaching, coloring, dyeing, tinting or otherwise treating by
any means the hair of any person.
BILLIARD PARLOR: An establishment operated for profit and offering the use of billiard
and/or pool tables to the general public.
BILLIARD TABLE: An oblong, felt covered table that has raised, cushioned edges, and upon
which the games of "billiards" or "pocket billiards" are played.
BILLPOSTER: A person engaging in the business for hire of posting, fastening, nailing or
otherwise affixing any written, painted or printed matter of any kind or other form or reproduction
thereof, containing a message or information of any kind whatsoever, to any outdoor billboard, or
to or upon any bridge, fence, pole, post, sidewalk, tree or to or upon the exterior of any other
structure except that the terms of this definition shall not apply to nor include any such sign
mounted on, fastened to, or suspended from the outside of any building or other structure, in
accordance with and authorized by any provisions of an ordinance or statute, either for any public
convenience or use, or regulating the construction or use of so called outdoor display signs,
whether such display signs are illuminated or not.
BONA FIDE CONTEST: A real contest, conducted openly and sincerely, without fraud or
deceit.
BOWLING ALLEY: A building housing at least one alley for bowling at ten (10) pins.
BRANCH: A business establishment owned and operated by a plant at a location other than the
plant.
BROKER: An agent employed to make bargains and contracts for a compensation, which term
shall be deemed to include, but shall not be limited to, those aspects of brokerage concerned with
pawning, securities and stock.
CABARET: A room, restaurant or barroom where musical entertainment, dancing and/or singing
is permitted in connection with such restaurant or barroom business.
CANVASSING: A person, whether resident of the village or not, traveling either by foot, wagon,
automobile, motor truck or any other type of conveyance, from place to place, from house to house
or from street to street, taking or attempting to take orders for sale of goods, wares and
merchandise, personal property of any nature whatsoever for future delivery, or for services to be
furnished or performed in the future, whether or not such individual has, carries or exposes for sale
a sample of the subject of such sale or whether he is collecting advance payments on such sales or
not, provided that such definition shall include any person who, for himself, or for another person,
hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room,
lodging house, apartment, shop or any other place within the village for the sole purpose of
exhibiting samples and taking orders for future delivery.
CARNIVAL: An entertainment or place of amusement with rides, games of skill and/or
refreshments, but without sideshows; which entertainment is usually operated as a commercial
enterprise but sometimes by a social or charitable organization.
CHANCE: The absence of explainable or controllable causation; a risk; an unforeseen
consequence of an act.
CHIEF OF POLICE: The chief of police for the village of Mount Prospect.
CIGARETTE VENDING MACHINE: Any automatic vending machine used for the sale of
cigarettes and matches, and controlled by the insertion of a coin or coins. It shall not include
machines or devices used solely for the vending of service, food or confections.
CIRCUS: An entertainment or place of amusement with sideshows, rides, games of skill and/or
refreshments, usually including an arena enclosed within a tent for the showing of acrobats, wild
animals and clowns.
COIN IN SLOT DEVICE: A machine designed for self-service use and designed to deliver
goods and/or service by the insertion of coins, tokens, credit cards or other means of payment.
COMMERCIAL ESTABLISHMENT: A place where commodities are exchanged, bought or
sold; a place wherein professions, businesses and occupations may be carried on, and includes:
1. Food Establishment: A building or premises or portion thereof, the principal use of which
is for the sale or dispensing or distribution or storage of food or foodstuff on or off the premises
and in or out of the building.
2. Service Establishment: A building or premises or a portion thereof, the principal use of
which is for the rendering of personal or material services for profit, the wholesale distribution or
storage of material goods or chattels, the sale or servicing or storage of motor equipment, the
washing or cleaning or dyeing or repair of fabrics or wearing apparel or footwear on the premises,
the storage, or assembly, or distribution, or servicing or repair of building materials or electrical
equipment or mechanical equipment, the storage or distribution of fuels or petroleum products, the
services of printing or blueprinting or photocopying of multilithing or publishing or duplicating or
similar reproduction services, the provision of facilities for instruction or training or participating
in or presentation of the fine arts, or athletic skills or dexterity, or physical skills or dexterity.
3. Retail, Wholesale, Manufacturing Establishments: A building or premises or portion
thereof, the principal use of which is for the sale, manufacture or distribution of material goods or
chattels not included with or related to the sale of material goods or chattels or the provision of
services of food establishments or service establishments.
COMMERCIAL HANDBILL: Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original, or
copies of any matter or literature:
1. Which advertises for sale any merchandise, product, commodity or thing; or
2. Which directs attention to any business or mercantile or commercial establishment, or other
activity, for the purpose of either directly or indirectly promoting the interests thereof by sales; or
3. Which directs attention to or advertises any meeting, theatrical performance, exhibition or
event of any kind, for which an admission fee is charged for the purpose of private gain or profit;
but the terms of this clause shall not apply where an admission fee is charged or a collection is
taken up for the purpose of defraying the expenses incident to such meeting, theatrical
performance, exhibition, or event of any kind, when either of the same is held, given or takes place
in connection with the dissemination of information which is not restricted under the ordinary rules
of decency, good morals, public peace, safety and good order; provided that nothing contained in
this clause shall be deemed to authorize the holding, giving or taking place of any meeting,
theatrical performance, exhibition, or event of any kind, without a license, where such license is
or may be required by any law of this state, or under any ordinance of this village; or
4. Which, while containing reading matter other than advertising matter, is predominately and
essentially an advertisement, and is distributed or circulated for advertising purposes, or for the
private benefit or gain of any person so engaged as advertiser or distributor; or
5. Which is not covered by the definition of sign, in the definition of "billposter" in this
section.
COMMUNITY ANTENNA TELEVISION SYSTEM: Reserved.
CONTEST: Any race, game, debate or argument in which there is a struggle with oneself or
another to be a winner.
CONTRACTOR: Any person or firm in the several building trades and other types of activities
involving manual labor including, but not limited to, the trades and activities of excavators, sewer
construction and maintenance, concrete or mason work, carpenters, metal working activities,
roofing trades, glazing activities, heating or air conditioning, electricians, plastering and lathing
activities, tiling activities, painters and decorators, catch basin cleaners, landscaping or lawn
services, or forestry or tree services.
DANCE HALL: A place maintained for public dances.
DETECTIVE AGENCY:
1. Any person who accepts employment for hire, fee or reward to furnish or supply
information as to either the personal character or actions or identity of any person or as to the
character or kind of business or occupation of any person. The term shall not include within its
meaning a private investigator employed exclusively for one employer in connection with the
business of a collection agency.
2. The term shall not include a detective or detective bureau or officer belonging to any law
enforcement agency of the United States, the state of Illinois, or any political subdivisions thereof.
DISTINCTIVE MARK: Any mark, figure or emblem, the use of which shall be restricted to the
person in whose name it is registered as herein provided.
DRIVING RANGE: A place maintained for profit and to give patrons an opportunity to practice
hitting golf balls and/or baseballs in order to refine and to improve upon swing, stroke and/or
distance of travel.
DRY CLEANERS AND LAUNDRIES: Places where dirt, grease, paint, spots, stains and/or any
other form of foreign matter is removed from wearing apparel or household furnishings by means
of washing with soap or detergent and water or by any other means.
DRY CLEANING MACHINES: Machines used in the process of removing dirt, grease, paint,
spots, stains or any other form of foreign matter from wearing apparel or household furnishings by
any means other than washing with soap or detergent and water.
ELECTRICAL CONTRACTOR: The term "electrical contractor", as used in this section, means
any person engaged in the business of installing or altering by contract electrical equipment for
the utilization of electricity for light, heat or power. But the term "electrical contractor" shall not
include the installing or altering of: 1) radio apparatus or equipment for wireless reception of
sounds and signals, or 2) apparatus, conductors or other equipment installed for or by public
utilities, including common carriers, which are under the jurisdiction of the Illinois commerce
We
commission, for use in their operation as public utilities. Nor shall the term include the employees
employed by an electrical contractor to do or supervise his work.
ELECTRONIC CIGARETTE OR E -CIGARETTE: Any electronically operated device which
may or may not contain nicotine in a combination with other chemicals that are intended to be
inhaled as a vapor by the user. This is intended to include, but not be limited to, e -cigarettes, e -
cigars, hookah pens and any other inhaled nicotine delivery system.
ENTERTAINMENT: A planned amusement or diversion calculated to hold the interest and
attention or to please business invitees entering upon the premises where such amusement takes
place.
EXHIBITION: A public show or display that one views or at which one looks whether the same
be pictures, merchandise, entertainers or athletic feats.
FLOOR AREA: The sum total of gross horizontal areas of all of the several floors of a building
and its accessory buildings measured in square feet from the exterior faces of the exterior walls or
from the centerline of party walls separating two (2) buildings or business establishments on each
of the respective floors, and shall also include: the basement floor; cellar floor; elevator shafts and
stairwells at each floor; motor vehicle parking space when such space is used in conjunction with
establishments devoted to the sale, service and/or repair of motor vehicles; motor vehicle parking
space when such space is used in conjunction with drive-in commercial establishments including
drive-in theaters and drive-in restaurants, as defined in this code; floor space used for storage,
whether open or enclosed; floor spaces used for mechanical equipment, whether open or enclosed,
including such equipment as may be located on the roof, penthouse attic space, balconies,
mezzanines, porches and verandas; and floor area devoted to and occupied by accessory uses
and/or buildings.
FLORIST AND/OR NURSERY: A place where trees (including Christmas trees), shrubs, vines,
flowers, etc., are propagated for transplanting or for use as stocks for grafting and/or a place where
trees (including Christmas trees), shrubs, vines, flowers, etc., are maintained for sale at retail or
wholesale or both.
FOREIGN FIRE INSURANCE AGENCY: An agency, corporation or association not
incorporated under the laws of the state of Illinois to engage in affecting fire insurance or to
transact any business of fire insurance.
FUNERAL DIRECTOR: A person whose business is to prepare the dead for burial and manage
funerals.
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ice their skills .tt . s and arrows, and axes and othe.. r of e
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contest.
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GALLERY, SHOOTING: A place maintained for profit and to give patrons an opportunity to
practice their skills at putting gunsd i s c h ain r j e tiles of all kinds in
line with a target or object so as to hit same, whether for a score or a prize as in a contest.
GAME ROOM: Any establishment open to the public having more than six (6) amusement
devices, whether or not such devices are operated and maintained as a principal use.
GARAGE: A building, shed or enclosure, or any portion thereof in which more than four (4)
motor vehicles may be parked, stored, housed or kept, for which any charge is made.
GARBAGE COLLECTOR: A person engaged in the business of cleaning streets, cleaning up
filth, and/or collecting garbage or refuse.
GOLF COURSE: A tract of land for playing golf or miniature golf, with tees, greens and
fairways.
GYMNASIUM: A room or building equipped for physical training and athletic games and
sports.
HANDBILL DISTRIBUTOR: Any person engaging or engaged in the business for hire or gain
of distributing commercial or non-commercial handbills, other than newspapers distributed to
subscribers thereof, and any person receiving compensation directly or indirectly for the
distribution of such handbills.
HEALTH AUTHORITY: Health Authority shall mean any or all of the following: the President
and Board of Trustees of the Village, acting as a Board; the Board of Health of the Village, acting
as a Board; the Health Officer of the Village, the Village Manager of the Village; and the Health
Inspector of the Village.
HEALTH CLUB: A place or organization offering instruction, training or assistance in physical
culture, body building, exercising, reducing, figure development, dancing, or any other physical
skill, or offering for the use by an individual patron of the facilities of a health studio, gymnasium
or other facility used for any of the above purposes.
HEALTH AND DANCE STUDIO SERVICES: An establishment offering instruction, training,
assistance or facilities for physical culture, body building, exercising, reducing, figure
development, dancing, or any other physical skill, or offering for the use by an individual patron
of the facilities of the dance studio, ballroom, health studio, gymnasium or other facility used for
any of the above purposes; or offering membership in any group, club, association or organization
formed to further any of the above purposes.
HEALTH INSPECTOR: The representative of the Health Authority of the Village, authorized
to enforce the health ordinances of the Village and make such other inspections as may be
necessary and required under the provisions of this Chapter.
HEATING AND AIR CONDITIONING:
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1. The term "heating, air conditioning and refrigeration contractor" means:
a. Any person engaged in the business of installing, altering or servicing heating, air
conditioning or refrigerating systems; and
b. Any private or municipally owned public utility if such public utility installs heating, air
conditioning or refrigerating systems; and
c. The term "heating, air conditioning and refrigeration contractor" does not include:
(1) Any private or municipally owned public utility, fuel supplier, or dealer that supplies
fuel and services or repairs heating or air conditioning appliances or equipment in connection with
or as a part of their business of supplying the fuel used in such appliances or equipment; or
(2) Any liquefied petroleum gas dealer subject to "An Act to regulate the storage,
transportation, sale and use of liquefied petroleum gases", approved July 11, 1955, as heretofore
or hereafter amended, and the rules and regulations of the Department of Public Safety
promulgated pursuant to such Act of the Illinois State Legislature; or
(3) Any electrical contractor registered or licensed as such under the provisions of this
Chapter.
2. The term "heating system" means any heating unit intended to warm the atmosphere of any
building or rooms therein used for human occupancy.
3. The term "air conditioning system" means any air conditioning unit designed to cool the
atmosphere of any building or rooms therein used for human occupancy, which unit has a rated
heat removal capacity in excess of twenty thousand (20,000) British thermal units per hour: and
also any such unit regardless of size or rating that is installed in such a manner that it projects from
a building where pedestrian traffic will pass below it.
4. The term "refrigerating system" means any refrigerating unit, other than air conditioning
system as defined in this Section, which is to be used in conjunction with, or as an aid to, any
commercial enterprise but does not include a refrigerating unit used for family household purposes.
HOLDER: A person to whom a certificate for public convenience and necessity has been issued.
HOSPITAL: An institution for the reception and care of sick, wounded, infirm or aged persons;
generally incorporated, and then of the class of corporations called "eleemosynary" or "charitable".
Also the building used for such purpose.
HOTEL/MOTEL: 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 customary services such as maid service, linen service,
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telephone and desk service, and the use and upkeep of furniture. A hotel shall include motel, and
motor inn, but shall exclude boarding or lodging houses, and apartment hotels.
HOUSEHOLD SCALE: A scale belonging to a house and family and not used in the course of
any business for profit.
INDEPENDENT AGENCY: Any business establishment or location where wearing apparel
and/or household furnishings are received or collected to be sent for dry cleaning and/or laundering
to any plant located either inside or outside the territorial limits of the village, but shall not include
plant stores or branches, nor agencies not dealing with the general public.
INDEPENDENT DRIVER: Any person engaged in the business of collecting or receiving from
and delivering to customers and patrons, wearing apparel and/or household furnishings by means
of a motor vehicle, whether at retail or wholesale.
INFLAMMABLE LIQUID: Any liquid, viscous or other compound, powder or solid product or
substance, having the capacity to evaporate, generate, and emit a gas or vapor propagative of flame,
fire or explosion incident to evaporation.
INSPECTION STATION: Official state of Illinois testing station, or other facility designated by
the chief of police to conduct inspections of public passenger vehicles.
ITINERANT MERCHANT AND VENDOR: Any person, whether as owner, agent, consignee
or employee, whether a resident of the village or not, who engages in a temporary business of
selling and delivering goods, wares and merchandise within said village, and who, in furtherance
of such purpose, hires, leases, uses or occupies any building, structure except as provided under
the definition of "itinerant retailer" as defined herein, or any motor vehicle, tent, railroad boxcar,
or boat, public room in hotels, lodging houses, apartments, shops, or any street, alley, or other
place within the village, for the exhibition and sale of such goods, wares and merchandise, either
privately or at public auction provided that such definition shall not be construed to include any
person, while occupying such temporary location, who does not sell from stock, but exhibits
samples only for the purpose of securing orders for future delivery only. The person so engaged
shall not be relieved from complying with the provisions of this chapter merely by reason of
associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting
such transient business in connection with, as a part of, or in the name of any local dealer, trader,
merchant or auctioneer.
ITINERANT RETAILER: Any person whether as owner, agent, consignee or employee who
engages in a temporary business of selling and delivering goods, wares and merchandise within
said village or operates a permanent retail business occupying less than five hundred (500) square
feet of floor area, who in the furtherance of such purposes, occupies, lets, or sublets a retail facility,
licensed by the village, for the exhibition and sale of such goods, wares, and merchandise. The
person so engaged shall not be relieved from complying with the provisions of this chapter merely
by associating with any local retail facility, or by conducting such business in connection with, as
part of, or in the name of any local dealer, trader or merchant.
JUNK DEALER: A person dealing in the gathering, buying, and/or selling in worn out and
discarded articles and materials that have outlived their usefulness and which may be turned or
converted into another product or put to some other use, either of the same or a different kind.
JUNKYARD: A place where old cordage and ships tackle, old iron, rags, bottles, paper, chain,
copper and/or parts of machinery are kept, purchased and/or sold.
KENNEL, ANIMAL HOSPITAL AND PET SHOPS: An establishment where dogs and other
small animals are housed, bred, hospitalized, treated for ailments, groomed, sold, or where more
than three (3) dogs or cats are harbored or kept. This term shall include, but shall not be limited to,
animal hospitals and pet shops.
LICENSEE: Any person who is the owner of one or more licenses issued pursuant to this chapter.
LIVERY VEHICLE: A public passenger vehicle, having a rated seating capacity of not more
than seven (7) persons, for hire only at a charge or fare for each passenger per trip or for each
vehicle per trip fixed by agreement in advance.
LUMBER AND COAL YARD: Establishments wherein or whereupon lumber and/or coal are
stored, stocked, kept, sold and/or warehoused.
MACHINE SHOP: A workshop in which work is machined to size and assembled.
MANUFACTURER: One who by labor, art or skill transforms raw material into some kind of a
finished product or article of trade.
MARKET: A place of commercial activity in which articles are bought and sold.
MARKETING: The buying and selling of articles.
MASON CONTRACTOR: A person whose work is building with stone, brick, etc.
MEDICAL DISPENSARY: A place where a drug is prepared or distributed.
MOBILE HOME: See definition of Trailer Coach Or Mobile Home.
MOTEL: A series of attached, semiattached or detached dwelling units with separate entrances,
operated as a single business with sleeping accommodations for twenty (20) persons or more,
containing individual sleeping or living units with bathrooms and closet space, with or without
kitchens, designed for, or used by automobile tourists and transients and includes tourist courts,
auto courts, and motor lodges; with convenient access to a parking space for the use of the units'
occupants and direct and convenient access to a traveled road; and maintained and held out to the
public as accommodations for auto tourists and transients by the day, week or month, whether a
charge is made or not.
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NEWSPAPER: Any "newspaper" of general circulation as defined by general law, any
newspaper duly entered with the post office department of the United States, in accordance with
federal statute or regulation, and any newspaper filed and recorded with any recording officer as
provided by general law; and in addition thereto, shall mean and include any periodical or current
magazine regularly published with not less than four (4) issues per year, and sold to the public.
NIGHTCLUB: See definition of Cabaret.
NONCOMMERCIAL HANDBILL: Any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed matter
or literature not included in the aforesaid definitions of a sign, or a "commercial handbill", or a
"newspaper".
NUISANCE: That class of wrongs which arise from the unreasonable, unwarrantable, or
unlawful use by a person of his own property, either real or personal, or from his own improper,
indecent or unlawful personal conduct, working an obstruction of or injury to the right of another
of the public, and producing such material annoyance, inconvenience, discomfort or hurt, that the
law will presume resulting damages.
NUISANCE IN FACT: An act, occupation or structure which is not a nuisance per se but may
become a nuisance by reason of the circumstances or the location and surroundings.
NURSES REGISTRY: The business of conducting any agency, bureau, office or any other place
for the purpose of procuring, offering, promising or attempting to provide employment or
engagements for nurses of any kind, or any place used as a lodging house for nurses, the keeper of
which receives telephone calls or messages of any kind relative to the employment of such nurses
and transmits such messages or calls to be a nurse lodging in his or her home.
OCCUPATION: A business, employment or vocation that engages one's time.
OUTDOOR ADVERTISER: Any person engaged in the business of placing, posting or painting
any sign, advertisement, notice or display in or on any place for the purpose of outdoor advertising
so that the resultant display is visible from any street, alley, sidewalk or other public place.
PARKING LOT: Any outdoor space or uncovered plot, place, lot, parcel, yard or enclosure, or
any portion thereof other than a public street, where more than four (4) motor vehicles may be
parked, stored, housed or kept, for which a charge may be made.
PEDDLER: Any person, whether a resident of the village or not, traveling by foot, wagon,
automotive vehicle, or any other type of conveyance, from place to place, from house to house, or
from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish,
vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for
sale, or making sales and delivering articles to purchasers, or who, without traveling from place to
place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other
vehicle or conveyance, and further provided that one who solicits orders and as a separate
transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions
•e
of this chapter shall be deemed a peddler subject to the provisions of this chapter. The word
"peddler" shall include the words "hawker" and "huckster".
PERSON, FIRM OR CORPORATION: A natural person, partnership, firm, corporation, or
organization of any kind.
PLACEMENT: Employees of any employment agency who interview, counsel or advise
applicants or employers or both on employment or allied problems, or who make or arrange
contracts or contacts between employers and employees. The term "placement counselor" includes
employees who solicit orders for employees from prospective employers.
PLANT: Any business establishment or location where wearing apparel and/or household
furnishings are dry cleaned and/or laundered on the premises and may include the business
establishments operated in conjunction with a plant where wearing apparel and/or household
furnishings are received or collected for dry cleaning and/or laundering at said plant.
PRINTER: Any person engaged for gain or profit in the business of printing. That is, any person
engaged for gain or profit in the production of printed matter by impressing letters or characters or
photographs upon paper or upon any other substance.
PRIVATE EMPLOYMENT AGENCY: Any person engaged for gain or profit in the business
of securing or attempting to secure employment for persons seeking employment or employees for
employers.
1. However, the term shall not include any person engaged in the business of management
consulting or management executive recruiting, and who in the course of such business is retained
by, acts solely on behalf of, and is compensated solely by, an employer to identify, appraise or
recommend an individual or individuals for consideration for an executive or professional position,
provided that:
a. The compensation for each such position is at the amount set forth in appendix A, division
I of this code, per year; and
b. In no instance is the individual who is identified, appraised or recommended for
consideration for such position charged a fee directly or indirectly in connection with such
identification, appraisal or recommendation, or for preparation of any resume, or on account of
any other personal service performed by the person engaged in the business of management
consulting or management executive recruiting.
2. The term shall include:
a. "Theatrical employment agency", which means the business of conducting an agency,
bureau, office or any other place for the purpose of procuring, or offering, promising or attempting
to provide engagements for persons who want employment in the following occupations: circus,
vaudeville, theatrical and other entertainment or exhibitions, or performances, or of giving
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information as to where such engagements may be procured or provided, whether such business is
conducted in a building, on the street, or elsewhere; and
b. "Nurses registry", which means the conducting of any agency, bureau, office or any other
place for the purpose of procuring, offering, promising or attempting to provide employment or
engagements for nurses of any kind, or any place used as a lodging house for nurses, the keeper of
which receives telephone calls or messages of any kind relative to the employment of such nurses
and transmits such messages or calls to a nurse lodging in his or her house.
PRIVATE PREMISES: Any dwelling, house, building or other structure, designed or used either
wholly or in part for private residential purposes, whether inhabited or temporarily or continuously
uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PROFESSION: A vocation, calling, occupation or employment involving labor, skill, education,
special knowledge and compensation or profit, but the labor and skill involved are predominantly
mental or intellectual, rather than physical or manual.
PROMOTIONAL EVENT: Any promotional event sponsored by a retail business licensed by
the village and conducted on said retail business premises where persons are engaged in the
temporary business of selling and delivering goods, wares, merchandise and services in association
with said promotional event. Such promotional events shall include, but not be limited to, antique
shows, art shows, auto shows, recreation shows and trade shows.
PUBLIC DANCE: An event involving dancing and usually music, the rules for admission to
which are not based upon personal selection or invitation.
PUBLIC PASSENGER VEHICLE: Taxicabs and livery vehicles used for the transportation of
passengers for hire.
PUBLIC PASSENGER VEHICLE OWNER: Any person owning, or leasing from another, a
public passenger vehicle.
PUBLIC PLACE: Any and all streets, boulevards, avenues, lanes, alleys or other public ways,
and any and all public parks, squares, spaces, plazas, grounds and buildings.
PUBLISHER: One who by himself or his agent makes a thing publicly known; or one whose
business is the manufacture, promulgation and sale of books, pamphlets, magazines, newspapers,
billposters, billboards and/or other literary productions.
RATE CARD: A card issued by the village for display in each taxicab which contains the rates
of fare then in force.
REGISTER OR REGISTRY: A book containing a record of facts as they occur.
RESIDENCE: Every separate living unit occupied for residential purposes by one or more
persons, contained within any type of building or structure.
RETAIL SALE: A sale in small quantities or in broken lots or parcels, not in bulk, and directly
to the consumer.
RETAIL SERVICE: A service made directly to the consumer.
REVERSE COIN DEVICE: A machine designed for self-service use and designed to deliver
coins and/or coupons by the insertion of metal cans for recycling.
RIGHT OF WAY: A strip of land acquired by or dedicated to the public and occupied or intended
to be occupied by a street, walkway, railroad, utility or other similar use.
SCAVENGER: A person engaged in the business of cleaning streets, cleaning up filth and/or
collecting garbage and refuse.
SCHOOL: For purposes of construing the terms within this chapter:
1. "Private business school" or "business school" or "school" means an educational institution
privately owned and operated by an owner, partnership or corporation, offering business courses
for which tuition is charged, in such subjects as typewriting, shorthand (manual or machine), filing
and indexing, receptionist's duties, keypunch, data processing, teletype, penmanship, bookkeeping,
accounting, office machines, business arithmetic, English, business letter writing, salesmanship,
personality development, leadership training, public speaking, real estate, insurance, traffic
management, business psychology, economics, business management and other related subjects
of a similar character or subjects of general education when they contribute values of self-
improvement and are designed to improve or add skills and abilities of the individual and also to
the objective of the course of study whether by in -residence, correspondence or home study.
2. "Dancing school" means an institution offering training, assistance, instruction and/or
facilities for dancing and the learning of the skill and art of dance.
3. "Vocational school" means any school of instruction maintained or classes conducted by
any plan or method and receiving compensation in any form for such instruction; and which offers
courses of instruction in -residence or by correspondence to prepare individuals:
a. To follow a trade;
b. To pursue a manual, mechanical, technical, industrial, business, commercial, office,
personal service (other than nursing) or other nonprofessional occupation; or
c. To follow a profession, if the school is not subject to approval and licensing under any
existing statute of the state of Illinois.
SECONDHAND DEALER: A person engaging in the business of buying and/or selling articles
which have passed through the hands of one or more owners which owners were retailers or
consumers rather than wholesalers. The term shall be deemed to include, but shall not be limited
to, dealers in antiques and dealers in junk.
001
SELF-SERVICE DRY CLEANING OR DRY CLEANING: The process of removing dirt,
grease, paint, spots, stains or any other form of foreign matter from wearing apparel or household
furnishings, by any means other than washing with soap or detergent and water.
SELF-SERVICE LAUNDERING OR LAUNDERING: The process of removing dirt, grease,
paint, spots, stains or any other form of foreign matter from wearing apparel or household
furnishings, by means of washing with soap or detergent and water.
SERVICE STATION: An establishment, the principal activity of which is to furnish service to
the consuming public in the form of an automobile repair shop, a gasoline station or any other
petroleum distribution.
1. Approved Self -Service Dispensing Devices: An automatic self-closing dispensing nozzle
without any latch -open device, listed by underwriters' laboratories.
2. Authorized Attendant: The owner, employee or agent, who is authorized by the licensee to
dispense gasoline and other motor fuels.
3. Full Service: That portion of the property where flammable and combustible liquids used
as motor fuel are stored and dispensed in fuel tanks of motor vehicles by authorized service station
attendants.
4. Islands: That raised portion of the driveway upon which the dispensing equipment is
located.
5. Self -Service: That portion of property where flammable and combustible liquids used as
motor fuels are stored and subsequently dispensed from fixed approved fuel dispensing equipment
into fuel tanks of motor vehicles by persons other than the authorized service station attendant.
6. Split Island Operation: The sale of flammable and combustible liquids used for motor fuel
in service stations which shall be equipped with at least one complete set of approved equipment
for dispensing motor fuels at both self- service and full service islands.
SHOOTING, GALLERY: See definition of Gallery, Shooting.
SIDESHOW: An exhibition or small show run in connection with the main show or attraction
of a circus.
SIGHTSEEING VEHICLE: A public passenger vehicle for hire principally on sightseeing tours
at a charge or fare per passenger for each tour fixed by agreement in advance or for hire otherwise
at a charge for each vehicle per trip fixed by agreement in advance.
SKATING RINK: A place containing a surface area or area specifically prepared or set aside
either for skating on ice or for skating on rollers.
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SKILL: Practical and familiar knowledge of the principles and processes of an art, a science, a
trade, or athletics, combined with the ability to apply them in practice in a proper and approved
manner with readiness and dexterity.
SOLICITING:
1. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuff and/or
services, of any kind, character or description whatsoever, for any kind of consideration
whatsoever; or
2. Seeking to obtain prospective customers for application or purchase of insurance of any
type, kind or character; or
3. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every
other type or kind of publication; or
4. Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for
the support or benefit of any charitable or nonprofit association, organization, corporation or
proj ect; or
5. Seeking to recruit membership for any organization of any kind or nature.
SOLICITOR: Any individual, whether a resident of the village or not, traveling within the village
doing any acts set forth pursuant to the definition of "soliciting".
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.
TABLE: For the purpose of construing the terms within this chapter:
1. "Bagatelle table" means a table having nine (9) holes for the playing of a game somewhat
like pocket billiards, played with cues but with nine (9) balls.
2. "Billiard table" means an oblong, felt covered table that has raised cushioned edges and is
used for the playing of billiards.
3. "Bumper pool table" means a billiard table with one hole in each end and bumpers in the
center for use in playing bumper pool.
4. "Pool table" or "pocket billiard table" means a billiard table with a pocket at each corner
and at the middle of both sides and used for the playing of pool.
TABLE GAME OR AMUSEMENT DEVICE: Any device, whether controlled by skill or
chance, for the operation of a game, pastime, or contest by the manipulation of a marble, sphere
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or of objects or figures, or by controlling the movements of same or setting them in motion by
mechanical means.
TAXICAB: Any motor vehicle, having a rated seating capacity of not more than seven (7)
persons, carrying passengers for hire indiscriminately, accepting and discharging such persons as
may offer themselves for transportation.
TAXICAB COMPANY: Any person, firm or corporation engaged in the business of operating
one or more taxicabs for the transportation of passengers for hire.
TAXIMETER: Any mechanical or electrical device attached to a taxicab which records and
displays a charge or fare in dollars and cents measured by distance traveled and waiting time.
TERMINAL VEHICLE: A public passenger vehicle which is used exclusively by a coachman
under contract with railroad or steamship carriers for the transfer of their passengers and hand
baggage en route in interstate travel between railroad terminals and steamship docks pursuant to
through route published tariffs.
THEATER: Any edifice used for the purpose of dramatic, operatic, motion picture or other
representations, plays or performances, for admission to which entrance money is received.
THEATRICAL: An entertainment or exhibition which may include dramatic, operatic, motion
picture or other representations, plays or performances, for admission to which entrance money is
received.
THEATRICAL EMPLOYMENT AGENCY: See definition of Private Employment Agency.
TOBACCO PRODUCTS: For purposes of this chapter and for section 23.603 of this code,
tobacco products shall include any substance containing tobacco leaf, including, but not limited
to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, e -cigarettes or any
other delivery system capable of dispensing nicotine or alternative nicotine product.
TOW TRUCK: A truck used in towing or draying; which term shall include, but shall not be
limited to, "wrecker".
TOWING SERVICE: The service of drawing or pulling vehicles or other objects by means of a
rope or chain.
TRAILER COACH OR MOBILE HOME: Any vehicle or similar portable structure used or so
constructed as to permit its being used as a conveyance upon the public streets or highways and
designed to permit the occupancy thereof as a dwelling place for one or more persons, and
including:
1. "Dependent trailer coach" or "dependent mobile home" which means a trailer coach which
does not have toilet and bath or shower facilities.
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2. "Independent trailer coach" or "independent mobile home" which means a trailer coach
with self-contained toilet and bath or shower facilities.
TRAILER COACH PARK OR MOBILE HOME PARK: An area of land upon which two (2)
or more occupied trailer coaches are harbored either free of charge or for revenue purposes, and
shall include any building, structure, tent, vehicle or enclosure used or intended for use as a part
of the equipment of such trailer coach park.
TRAILER COACH SITE, TRAILER COACH SPACE, MOBILE HOME SITE, OR MOBILE
HOME SPACE: Any portion of a trailer coach park designed for the use or occupancy of one
trailer coach.
TRANSIENT VENDOR: Any person, whether as owner, agent, consignee or employee, whether
a resident of the village or not, who engages in a temporary business of selling and delivering
foods, wares and merchandise within said village, and who, in furtherance of such purpose, hires,
leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, public room
in hotels, lodging houses, apartments, shops or any street, alley or other place within the village,
for the exhibition and sale of such goods, wares and merchandise, either privately or at public
auction provided that such definition shall not be construed to include any person who, while
occupying such temporary location, does not sell from stock, but exhibits samples only for the
purpose of securing orders for future delivery only. The person so engaged shall not be relieved
from complying with the provisions of this chapter merely by reason of associating temporarily
with any local dealer, trader, merchant or auctioneer or by conducting such transient business in
connection with, as a part of, or in the name of, any local dealer, trader, merchant or auctioneer.
TRESPASS: Any of the following acts by any person shall be deemed included among those that
constitute trespasses in violation of the provisions of section 11.2801 of this chapter, and
appropriate action may be taken thereunder at any time, or from time to time, to prevent or suppress
any violation or violations of this chapter, the aforesaid enumerated acts so included, being as
follows:
1. Any entry upon the premises, or any part thereof, of another, including any public property
in violation of a notice posted or exhibited at the main entrance to said premises or at any point of
approach or entry in violation of any notice, warning or protest given orally or in writing, by any
owner or occupant thereof; or
2. The pursuit of a course of conduct or action incidental to the making of an entry upon the
land of another in violation of a notice posted or exhibited at the main entrance to said premises
or at any point of approach or entry, or in violation of any notice, warning or protest given orally
or in writing by any owner or occupant thereof; or
3. A failure or refusal to depart from the premises of another in case of being requested, either
orally or in writing, to leave by any owner or occupant thereof; or
103
4. An entry into or upon any vehicle, aircraft or watercraft made without the consent of the
person having the right to the possession or control thereof, or a failure or refusal to leave any such
vehicle, aircraft or watercraft after being requested to leave by the person having such right.
TRIP SHEET: A daily record prepared by a taxicab driver of all trips made by said driver
showing time and place of origin, destination, number of passengers and the amount of fare of
each trip.
UNDERTAKING ESTABLISHMENT: Any place wherein the dead are prepared for burial and
from whence the management of funerals is taken charge.
VEHICLE: Every device in, upon or by which any person or property is or may be transported
or drawn upon a highway except devices moved by human power or used exclusively upon
stationary rails or tracks.
VENDING MACHINE: Any mechanical, electric, or electronic self-serving device which, upon
insertion of money, tokens, or any other form of payment, dispenses tobacco products.
VILLAGE: Village of Mount Prospect.
VILLAGE MANAGER AND VILLAGE CLERK: Village manager and village clerk
respectively of the village of Mount Prospect.
WAITING TIME: The time when a taxicab is not in motion from the time of acceptance of
passenger or passengers to the time of discharge, but does not include any time that the taxicab is
not in motion if due to any cause other than the request, act or fault of a passenger or passengers.
WAREHOUSEMAN: One engaged in the business of receiving and storing goods of others for
compensation or profit and/or any person who receives goods and merchandise to be stored in his
warehouse for hire.
WASHING MACHINES OR LAUNDERING EQUIPMENT: Machines and equipment used in
the process of removing dirt, grease, paint, spots, stains and any other form of foreign matter from
wearing apparel or household furnishings by means of washing with soap or detergent and water.
WRECKER: A motor vehicle equipped for removing wrecked or disabled vehicles.
SECTION 10: Section 11.501 "License Required," of Article V, "Bowling Alleys,
Billiard Parlors and Shooting Galleries," to Chapter 11, "Merchant, Business, Occupations and
Amusements," to the Mount Prospect Village Code shall be amended as follows:
11.501: LICENSE REQUIRED:
No person shall operate or maintain a bowling alley, billiard table, pool table, bagatelle table,
pigeonhole table and/or shooting gallery ,, . rn:t:ve ea.......... ae open to the public, except in
. . .
104
compliance with the provisions of this Article. It shall be unlawful for any person to operate or
maintain a bowling alley, billiard table, pool table, bagatelle table, pigeonhole table and/or
shooting gallery in the Village without first having applied for and obtained a business license
from the Village Clerk as provided in Chapter 10 of this Code in order to operate such bowling
alley, billiard table, pool table, bagatelle table, pigeonhole table and/or shooting gallery.
SECTION 11: Section 11.502 "License Fees," of Article V, "Bowling Alleys, Billiard
Parlors and Shooting Galleries," to Chapter 11, "Merchant, Business, Occupations and
Amusements," to the Mount Prospect Village Code shall be amended as follows:
11.502: LICENSE FEES:
A. Bowling alleys and billiard parlors shall be designated as Class I establishments and shall
pay the annual fees as set forth in Article XXXIV of this Chapter.
B. Shooting,,,,,,,,,,,,,,,rimj
;;;;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,,;,,,„;,,,,;,,,,,,,,,,,,,,,,,,,,,,, galleries shall pay the annual fees as set forth in Article
XXXIV of this Chapter.
SECTION 12: Section 11.503 "Conduct,” of Article V. "Bowling Alleys, Billiard Parlors
and Shooting Galleries," to Chapter 11, "Merchant, Business, Occupations and Amusements," to
the Mount Prospect Village Code shall be amended as follows:
11.503: CONDUCT:
A. All persons present upon the premises containing any bowling alley, billiard table, pool
table bagatelle table pigeonhole table and/or shooting .r r. its e n gallery
shall conduct
themselves
in an orderly manner so as not to disturb the peace and quiet of those premises by
"disorderly conduct" as defined in this Code.
B. It shall be unlawful for any person to gamble, bet or permit any form of gambling or betting
in or upon any premises used as a bowling alley or containing a billiard table, pool table, bagatelle
table, pigeonhole table and/or shooting r,,,,,,,, t e ea-------- gallery.
SECTION 13: Section 11.504 "Hours of Operation," of Article V, "Bowling Alleys,
Billiard Parlors and Shooting Galleries," to Chapter 11, "Merchant, Business, Occupations and
Amusements," to the Mount Prospect Village Code shall be amended as follows:
11.504: HOURS OF OPERATION:
A. It shall be unlawful for any person to keep open, operate or use any billiard table, pool table,
bagatelle table pigeonhole table and/or shooting r m n. aller in the Villa e
g p g g , .....t..v e g y g
between: the hours of one o'clock (1:00) A.M. and six o'clock (6:00) A.M. on Monday through
105
Saturday, inclusive; and between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M.
on Sundays and on January 1, of each year.
B. It shall be unlawful for any person to keep open, operate or use any bowling alley in the
Village between: the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. on each day of
the year.
SECTION 14: Section 11.506 "Inspections," of Article I, "Bowling Alleys, Billiard
Parlors and Shooting Galleries," to Chapter 11, "Merchant, Business, Occupations and
Amusements," to the Mount Prospect Village Code shall be amended as follows:
11.506: INSPECTIONS:
It shall be the duty of the Department of Community Development to inspect every establishment
licensed under this Article as often as necessary to insure compliance with this Article and all other
ordinances relating thereto. Furthermore, with respect to shooting galleries ,, _ r.l:..t. e ea n.
aldies, the above inspections shall make certain that targets are placed before a backstop of steel
sufficiently thick to prevent any bullet, pKqjct r "act from piercing it, and so arranged that
there shall e no anger from ricochetting u ets r act es ,r ..........., acts, or deflected pieces o
bttM same. Failure of the owner or operator to so arrange such targets shall constitute a violation
of this Code.
SECTION 15: Section 11.3410 "Other Fees," of Article XXXIV, "General Provisions,
Including Fees," to Chapter 11, "Merchant, Business, Occupations and Amusements," to the
Mount Prospect Village Code shall be amended as follows:
11.3410: OTHER FEES:
All permit fees for the following shall be paid as set forth in appendix A, division II of this code:
A. Auctioneers.
B. Carnivals and circuses.
C. Concessions and sideshows.
D. Coin in slot devices:
1. Amusement devices/pinball/electronic games;
2. Tobacco vending machines;
3. Jukeboxes;
106
4. One to ten cent ($0.10) candy, gum and nuts;
5. All other coin in slot or reverse coin devices.
E. Food service vehicles.
F. Gold and silver merchants:
1. Itinerant;
2. Permanent buyer, trader or exchanger;
3. Permanent seller only.
G. Golf courses/golf driving ranges/miniature golf courses.
H. Outdoor advertisers.
I. Parking lot employee identification card.
J. Towing services/wreckers.
K. Sooting „ .......................... r t�ve weano.n. galleries.
L. Over the counter tobacco sales.
M. Itinerant merchant/vendors:
1. Itinerant merchant, hawker, peddler, or transient or vendor;
2. Vending machine company;
3. Itinerant retailer registration.
N. Promotional events.
O. Massage establishments.
SECTION 16: Division II "Fees, Rates and Taxes," of Appendix A, to the Mount Prospect
Village Code shall be amended as follows:
Section 11.3410: OTHER FEES:
A. Auctioneers $150.00 annually
50.00 per month for any period less than 1 year
107
1:
25.00
per day, for any period less than 1 month
B.
Carnivals and circuses
150.00
per day, with a minimum fee of $450.00 plus
$45.00 per hour ride inspection fee
C.
Concessions and sideshows
7.50
per day associated with a carnival or circus
D.
Coin in slot devices:
1. Amusement
devices/pinball/electronic games
150.00
per machine annually or $500.00 for a single
business location; whichever is less
2. Tobacco vending machines
150.00
per machine annually
3 . Jukeboxes
35.00
per machine annually
4. $0.01 to $0.10 candy, gum and nuts
5.00
per machine annually
5. All other coin in slot or reverse
coin devices
20.00
per machine annually or $250.00 for a single
business location; whichever is less
E.
Food service vehicles
150.00
per vehicle annually
F.
Gold and silver merchants:
1. Itinerant
50.00
per day
2. Permanent buyer, trader or
exchanger
175.00
annually
3. Permanent seller only
See class I establishments
G.
Golf courses/golf driving
ranges/miniature
golf courses
150.00
annually
H.
Outdoor advertisers
225.00
annually
I.
Parking lot employee identification
card
5.00
per card annually
J.
Towing services/wreckers
30.00
per towing truck annually
K.
Shooting,,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,, ;� t apo
galleries
150.00
annually
L.
Over the counter tobacco sales
50.00
annually
M.
Itinerant merchant/vendors:
1. Itinerant merchant, hawker,
peddler,
or transient or vendor
150.00
annually
75.00
per month for any period less than 1 year;
$10.00
per day for any period less than 1 month
2. Vending machine company
100.00
annually
3. Itinerant retailer registration
20.00
per registration
N.
Promotional events
20.00
per permit
O.
Massage establishment
250.00
annually first year
100.00
annually subsequent years
1:
SECTION 17: Section 7.302 "Permanent Signs," of Article III, "General Sign Guideline;
All Signs Requiring a Permit," to Chapter 7, "Sign Regulations," to the Mount Prospect Village
Code shall be amended as follows:
7.302: PERMANENT SIGNS:
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.
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 amulti-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 asingle-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 adjacent to the business, 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.
109
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
(1211).
4. Mansard Sign: 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:
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:
1. 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 A5 of this section.
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: Awning and Canopy Signs shall be permitted subject to the
following:
110
1. Primary Signage: 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. Secondary Signage: An Awning or Canopy Sign may be used as secondary signage, 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.
5. Clearance: A clearance of eight feet (8') shall be maintained from base 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:
1. 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 Ela 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 base 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 base grade to the lower edge of the sign face.
6. Indemnification/Insurance: Where a projecting sign authorized by this code overhangs
any portion of the Village's right of way, the owner of such sign shall execute an
111
indemnification/insurance agreement in a form provided by the Community Development
Director that indemnifies and defends the Village from any liability or legal claim arising out of
the location and/or operation of such sign. Such indemnification shall be funded by insurance,
naming the Village as an additional insured, in an amount to be determined by the Community
Development Director.
7. 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 subsections E1 through ES of this section 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.
2. No directory sign shall exceed twenty (20) square feet in area or eight feet (8) in height
from base 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 amulti-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 base 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 H of this section.
c. Sign copy for amulti-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.
112
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 base grade.
Berms shall not be considered base 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 fifty 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.
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
two (2) streets, or street and driveway, public walk, bike path or public walking path. Such
triangle shall have legs of ten feet (10') along the property lines when two (2) streets intersect or
within ten feet (10') of the driveway, public walk, bike path or public walking path. In unique
situations, the director shall determine the distance that is reasonably 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.
10. Single Pole Signs: Single pole signs shall have a pole skirt at least one-half (1/z) 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/Electronic Message Center Signs: Changeable copy/electronic message
center signs 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
113
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 will contain a static message only, and not have movement, or the
appearance or optical illusion of movement during the static display period.
b. The transition to change from one message to another shall be instant (a.k.a. slideshow)
and not dissolve, fade, scroll, travel or have similar transitions.
c. 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.
4. See brightness guidelines in section 7.401, "Illumination", of this chapter.
I. Directional Signs:
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 base
grade for freestanding signs or fifteen feet (15') in height from base 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: ,"."r. w o Oiie menu boards 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
• • . •
meets the
;;;;;;;;;;;,,„ st ar s '
® emain............ r r� boardshall not exceed ,,,, rt s r --feet a r r ei. t
eet n e t .......r n se ra e an t .......r t o esti. r containedt. the drive
th r o U....gh dry e only.
2. .............................. T h e s c n d q. feet in area r eit .....eet
• w •
faD n e,,,,,,,,,,,,,1„r,o,n,,,,,,,,,,,,,,,,„,,,,,,,,,,s„e,,,,,,,,,, r e n t .....r t een r s a ntane t the drive t s
.1.4.n.....e .. .
114
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 H of this section.
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.
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.
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.
115
SECTION 18: Section 14.304.1 "Design Standards," of Article III, "General Provisions,"
to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be amended as follows:
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.
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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.
d. 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 XXI11 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.
d. 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.
B. Additional Design Standards: The following design standards are applicable to the entire
Village:
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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.
d. Screening of mechanical equipment shall be required when new equipment is installed,
® cre nJ,D...g s t re u:re when. r i.n n. e sten n .. n screen.e
r�.........t . �� e n. . ca unit � -t e say e c with. a unit that s either s t .. as r shorter than..
the . .Normal maintenance of mechanical equipment shall not mandate the screening
requirement.
SECTION 19: Section 14.306 "Accessory Structures," of Article III, "General
Provisions," to Chapter 11, "Zoning," to the Mount Prospect Village Code shall be amended as
follows:
14.306: ACCESSORY STRUCTURES:
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.
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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 afive- eighths inch (5/a") 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 XXIV of this chapter and shall meet the bulk requirements
of the zoning district for principal structures, unless otherwise listed as a permitted obstruction in
section 14.319 of this article.
c. Aboveground 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.
d. 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 14.319 of this article 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 I-1 Limited Industrial, C-R Conservation
Recreation, and O/R Office Research zoning districts shall be exempt from this requirement.
B. Restrictions In Residential Districts:
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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.
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 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.
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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) Nonresidential 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) Residential Districts: 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 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 articles XXII and
XXIII of this chapter.
5. Signs: Signs shall not be subject to the restrictions of this subsection but shall be subj ect to
the requirements of chapter 7 of this 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
not be permitted in any required front, side or exterior side yards. Pools are permitted to encroach
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into the rear yard provided a minimum of fifteen feet (15') is maintained from the rear property
line to the edge of the structure.
ca I . Construction: All swimming pools shall e constructed according tot e requirements
of this code.
7. Donation Boxes: The following restrictions shall apply to all donation boxes located within
the Village:
only.
a. Location Requirements:
(1) Donation boxes are permitted as an accessory use to an institutional or nonprofit use
(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.
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.
f. Placement: All donation box placement shall be in accordance with all additional state or
county law.
SECTION 20: Section 14.402 "Rules and Definitions," of Article IV, "Nonconforming
Buildings, Structures and Uses," to Chapter 14, "Zoning," to the Mount Prospect Village Code
shall be amended as follows:
14.402: NONCONFORMING BUILDINGS AND STRUCTURES:
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Buildings and structures which do not conform to the bulk regulations of any zoning district or
any other provision of this chapter shall be subject to the following regulations:
A. Ability To Continue Nonconforming Building Or Structure: Any lawfully established
nonconforming building or structure which is devoted to a permitted use in a zoning district may
continue to be used for any permitted use.
B. Enlargement, Repair, Alterations And Replacement: Any nonconforming building or
structure may be enlarged, maintained, repaired or altered, provided that no such enlargement,
maintenance, repair or alteration shall either create an additional nonconformity or increase the
extent of the existing nonconformity. However, on lots fifty five feet (55') or less in width, a
nonconforming building or structure may be extended within the established setback in a required
rear yard or side yard, provided that such nonconformity is no more than fifty percent (50%) of
the required setback.
e .. IJ.. n n :n r n resp nt a sin a :r nt ard encroachments a extended.
but not increased.
Existing nonconforming structures which do not conform to the required building setbacks may
be enlarged by creating a second story, provided the existing nonconforming setback for the
structure is maintained and the proposed enlargement meets other applicable zoning requirements.
In residential zoning districts, existing nonconforming driveways, patios and sidewalks may be
replaced in the same location without complying with the bulk regulations of this chapter.
However, if such driveways, patios, and/or sidewalks are replaced with a different structure, any
such replacement structure must meet applicable lot coverage requirements. For instance, a
nonconforming patio can be replaced with another patio surface but it cannot be replaced with a
driveway, deck, or other structure without meeting lot coverage requirements.
C. Damage Or Destruction: In the event that any nonconforming building or structure is
damaged or destroyed to the extent of more than fifty percent (50%) of the replacement value of
such building or structure, such building or structure shall not be rebuilt or restored unless it
conforms to all regulations of the zoning district in which it is located.
When such building or structure is damaged by any means to less than fifty percent (50%) of
replacement value, such building or structure may be reconstructed or repaired, provided that such
repair or restoration begins and is pursued to completion within one year of the date of such
damage. Any such repair or restoration shall be done in compliance with current building codes.
SECTION 21: Section 14.316 "Rules and Definitions," of Article III, "General
Provisions," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be amended as
follows:
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SECTION 22: This Ordinance shall be in full force and effect from and after its approval,
adoption and publication in the manner provided by law.
ADOPTED this day of August, 2020, pursuant to a roll call vote as follows:
AYES:
NAYS:
ABSENT:
APPROVED this day of August, 2020, by the Village Mayor of the Village of Mount
Prospect, and attested by the Village Clerk, on the same day.
Village Mayor
APPROVED and FILED in my office this day of August, 2020 and published in
pamphlet form in the Village of Mount Prospect, Cook County, Illinois.
ATTEST:
126
s
SECTION 22: This Ordinance shall be in full force and effect from and after its approval,
adoption and publication in the manner provided by law.
ADOPTED this day of August, 2020, pursuant to a roll call vote as follows:
AYES:
NAYS:
ABSENT:
APPROVED this day of August, 2020, by the Village Mayor of the Village of Mount
Prospect, and attested by the Village Clerk, on the same day.
Village Mayor
APPROVED and FILED in my office this day of August, 2020 and published in
pamphlet form in the Village of Mount Prospect, Cook County, Illinois.
ATTEST:
126
Village Clerk
127
August 31, 2020
To Whom It May Concern:
I am writing in support of the amendment being proposed by the Village Department of
Community Development to remove the additional Conditional Use application and review
process to build a porch that breaks the front yard setback line. Many houses in Mount
Prospect have such porches, and the additional paperwork, fees, and delays serve only to deter
homeowners and builders from undertaking the effort to make similar enhancements to their
properties. The Village has stated that it is very supportive of such proposals, and I hope that
this will be shown through further eliminating the red tape necessary for residents to make
improvements on their homes by adding a front porch.
Sincerely,
Donald Koerkel
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