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HomeMy WebLinkAboutOrd 4709 03/07/1995 ORDINANCE NO. 4709 AN ORDINANCE AMENDING SPECIFIED SECTIONS OF CHAPTER 14 OF THE VILLAGE CODE OF MOUNT PROSPECT Passed and approved by the President and Board of Trustees the 7th day of March, 1995 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 7th day of March, 1995. CAF/ 2/6/95 2/16/95 2/24/95 ORDINANCE NO. 4709 AN ORDINANCE AMENDING SPECIFIED SECTIONS OF CHAPTER 14 OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Village of Mount Prospect, through its administration, (hereinafter referred to as "Petitioner''), has filed an application for text amendments to specified Sections of Chapter 14 entitled "Zoning Ordinance"; and WHEREAS, Petitioner proposes the text amendments as follows: A. Section 14.1904. CONDITIONAL USES Add the following uses: 1. Animal Hospital 2. Automobile Garage 3. Drive-through and Drive-in establishments B. Section 14.1905.B. MINIMUM BUILDING SETBACKS Add the following: "However, where lots comprising 40% or more of the frontage between two intersecting streets are developed with buildings having front yard setbacks, the average of such front yard setbacks shall establish the minimum front yard setback for the entire frontage. In no case shall a front yard setback of more than thirty (30) feet be required." C. Section 14.1905.F. TRANSITIONAL SETBACKS Replace current wording to read as follows: "Wherever a lot in the B-5 District abuts any single family residential zoning district, all buildings shall be set back a distance equal to the height of the building in the B-5 District. Such setback shall be landscaped as required in Article 14.2301, Landscape Regulations of this Chapter, except for those properties that abut a dedicated public alleyway." D. Section 14.2224. CENTRAL AREA PARKING REGULATIONS Add the following standards: Drive-in Drive-up faCility: Four (4) stacking spaces for each window plus those spaces required for the principal use. Library: 2 spaces per 1000 square feet of gross floor area. E. 14.303 CONDITIONAL USES: Add: Convalescent Home - Nursing Home ZBA 1-95 Page 2 of 5 F. 14.306.D.1 REGULATIONS FOR SPECIFIC ACCESSORY STRUCTURES AND USES. Add: 1. Garbage Dumpsters and Recycling Containers. a. Required. All multi-family buildings utilizing centralized solid waste services shall provide a garbage dumpster and recycling container area which meets the minimum standards which have been established by the Solid Waste Coordinator. b. Location. Outdoor designated garbage dumpsters and recycling containers shall maintain the same setbacks as parking lots. Dumpsters and containers that are located within covered parking areas shall be designed so that they do not conflict with required parking spaces or access ddves. c. Screening. 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 (6) feet. G. 14.1504.D., 14.1604.D., 14.1704.D., 14.1804.D., TRANSITIONAL SETBACKS Replace current wording with the following: 'q'ransitional Setbacks. Where a side or rear lot line in a B-1,B-2, B-3, B-4, and I-1 District abuts any residential zoning district, all buildings structures and parking lots shall meet the minimum required yard setback. Such setback shall be landscaped as required in Section 14.2306 and 14.2308 of the Landscape Requirements." H. 14.2215.A. DRIVEWAYS Add: "Construction. Driveways and driveway approaches shall be paved with concrete, bituminous concrete or paver bricks in accordance with the construction standards set forth in the Development Code." I. 14.306.A.4 ACCESSORY STRUCTURES Replace current wording with the following: "4. Separation Between Buildings. A detached accessory building or ZBA 1-Z-95 Page 3 of 5 structure shall be located no closer to the prin~pal building than ten (10) feet. However, where a detached accessory building or structure is constructed with fire-rated materials, the minimum separation permitted is three (3) feet. Decks attached to the principal building are permitted to attach to a swimming pool 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." WHEREAS, a public hearing was held on the request for a text amendments, being the subject of ZBA Case No. 1-A-95, before the Zoning Board of Appeals of the Village of Mount Prospect on the 26th day of January, 1995, pursuant to due and proper legal notice thereof published in the Mount Prospect Journal and Topics on the 11th day of January, 1995; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village of Mount Prospect have further considered the text amendments requested and find that it would be in the best interest of the Village to grant the request being the subject of ZBA 1-Z-95. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That paragraph A of Section 14.306 entitled "Accessory Structures" of Article III of Chapter 14 (Zoning) of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting Section 14.306.A.4 entitled "Separation Between Buildings" and substituting the following; so that hereafter said Section 14.306.A.4 shall be and read as follows: "4. Separation Between Buildings. A detached accessory building or structure shall be located no closer to the principal building than three feet (3'). Detached garages located between three feet (3') and ten feet (10') from a principal building shall be provided with a five eighths inch (5/8") drywall finish on the interior walls and ceiling. Decks attached to the principal building are permitted to attach to a swimming pool 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." SECTION THREE: That paragraph 1 of Section 14.306.D entitled "Garbage Dumpster and Recycling Containers" of Article III of Chapter 14 (Zoning) of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting Section 14.306.D.1 and substituting therefor the following; so that hereafter said Section 14.306.D.1 shall be and read as follows: "1. Garbage Dumpsters and Recycling Containers. a. Required. All multi-family buildings utilizing centralized solid waste services shall provide a garbage dumpster and recycling containerarea which meets the minimum standards which have been established by the Solid Waste Coordinator. ZBA 1 -A-95 Page 4 of 5 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. 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 (6) feet." SECTION FOUR: That Section 14.1303 entitled "Conditional Uses" of Article III (R-4 Multi-Family Residence District) of Chapter 14 (Zoning), as amended, is hereby further amended by adding "4. Convalescent Home - Nursing Home"; so that hereafter said Section 14.1303 shall include "4. Convalescent Home - Nursing Home". SECTION FIVE: That Section 14.1904 entitled "Conditional Uses" of Article XIX (B-5 Central Commercial District) of Chapter 14 (Zoning) of the Village Code, as amended, is hereby further amended by adding the following; so that hereafter said Section 14.1904 shall include: " 21. Animal Hospital 22. Automobile Garage 23. Drive-through and Drive-in establishments" SECTION SIX: That Section 14.1905.B entitled "Minimum Building Setbacks" of Article XIX (B-5 Central Commercial District) of Chapter 14 (Zoning) of the Village Code, as amended, is hereby further amended by deleting 14.1905.B and substituting therefor the following: so that hereafter said Section 14.1905.B shall be and read as follows: "B. Minimum Building Setbacks: No setbacks shall be required for principal buildings in the B-5 District unless stipulated by other requirements of this Chapter. Setbacks for accessory structures shall conform to Section 13.306 of this Chapter. However, where lots comprising 40% or more of the frontage between two intersecting streets are developed with buildings having front yard setbacks, the average of such front yard setbacks shall establish the minimum front yard setback for the entire frontage. In no case shall a front yard setback of more than thirty (30) feet be required." SECTION SEVEN: That Section 14.1905.F entitled "Transitional Setbacks" of Article XIX (B-5 Central Commercial District) of Chapter 14 (Zoning) of the Village Code, as amended, is hereby further amended by deleting Section 14.1905.F and substituting the following; so that hereafter said Section 14.1905.F shall be and read as follows: "F. Wherever a lot in the B-5 District abuts any single family residential zoning district, all buildings shall be set back a distance equal to the height of the building in the B-5 District. Such setback shall be landscaped as required in Article 14.2301, Landscape Regulations of this Chapter, except for those properties that abut a dedicated public alleyway." SECTION EIGHT: That Section 14.1504.D. (Transitional Setbacks), Section 14.1604.D. (Transitional Setbacks), Section 14.1704.D. (Transitional Setbacks), ZBA 1 -A-95 Page 5 of 5 Section 14.1804.D. (Transitional Setbacks), of Chapter 14 (Zoning) of the Village Code, as amended, are hereby further amended by deleting paragraph D and replace with the following; so that hereinafter said Sections 14.1504..D, 14.1604.D, 14,1704,D and 14,1804.D shall be and read as follows: "D. Transitional Setbacks. Where a side or real lot line in a B-1,B-2, B-3, B-4 and I-1 Distdct abuts any residential zoning district, all buildings structures and parking lots shall meet the minimum required yard setback. Such setback shall be landscaped as required in Section 14.2306 and 14.2308 of the Landscape Requirements." SECTION NINE: That paragraph A of Section 14.2215.A entitled "Driveways" of Article XXII of Chapter 14 (Zoning) of the Village Code, as amended, is hereby further amended by adding sub-paragraph 4 thereto under Section 14.2215.A; so that hereafter said Section 14.2215.A shall include the following: " 4. Construction. Driveways and driveway approaches shall be paved with concrete, bituminous concrete or paver bdcks in accordance with the construction standards set forth in the Development Code. " SECTION TEN: That Section 14.2224 entitled "Central Area Parking Regulations" of Chapter 14 (Zoning) of the Village Code, as amended, is hereby further amended to add standards for "Drive-in and Ddve-up facility and Library" in proper alphabetical sequence; so that hereafter said Section 14.2224 shall include the following: " Drive-in Drive-up facility: Four (4) stacking spaces for each window plus those spaces required for the principal use. Library: 2 spaces per 1000 square feet of gross floor area. " SECTION ELEVEN: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Clowes, Corcoran, Hoefert, Skowron, Wilks NAYS: Hendricks ABSENT: None PASSED and APPROVED this ~th day of March ,1995. -~~~ ~ 'ge P;'esident ~ Carol A. Fields Village Clerk