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HomeMy WebLinkAboutOrd 4683 12/06/1994 ORDINANCE NO. 4683 AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF THE VILLAGE CODE OF MOUNT PROSPECT Passed and approved by the President and Board of Trustees the 6th day of. December ,1994 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 6th day of December, 1994. BH/caf ORDINANCE NO. 4683 AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Article III entitled "General Provisions" of Chapter 14 (Zoning) of the Village Code of Mount Prospect, as amended, is hereby further amended by adding thereto Section 14.312 entitled "Elimination of Unpermitted Second Housekeeping Units"; so that hereinafter after said Article III of Chapter 14 shall include Section 14.312 which Section 14.312 shall be and read as follows: " Sec. 14.312. Elimination of Unpermitted Second Housekeeping Units. A. Prohibited Acts. No person shall: 1. Enter into any lease or rental agreement of any kind or nature or otherwise maintain or permit for living purposes the use of an unpermitted second housekeeping unit that was not already in existence on December 6, 1994 and under lease or rental at some point in the six months prior to that date. 2. Establish, install or construct an unpermitted second housekeeping unit within the corporate boundaries of the Village of Mount Prospect after December 6, 1994. 3. Subsequent to January 1, 2000, enter into any lease or rental agreement of any kind or otherwise maintain or permit the use, for living purposes, of an unpermitted second housekeeping unit that was established after May 2, 1944. 4. Establish a second utility hookup or separate utility meter of any kind for any unpermitted second housekeeping unit after December 6, 1994. 5. Rent or lease, with or without a written agreement, for any period of time whatsoever between December 6, 1994 and January 1, 2000, an unpermitted second housekeeping unit in the Village of Mount Prospect without registering with the Village as set forth in paragraph C of this Section 14.312. B. Time Periods; Amortization Period. Any unpermitted second housekeeping unit established subsequent to December 6, 1994 shall be illegal, and subject to abatement and other penalties. Any unpermitted second housekeeping unit in existence on December 6, 1994 may continue in existence until January 1, 2000, in strict accordance with the terms of Section 14.312. As of January 1, Second Housekeeping Page 2 of 5 2000, all such units, regardless of when established, shall become illegal and subject to abatement and other penalties. The period of time between December 6, 1994 and January 1, 2000, shall be known as the "amortization period". C. Registration. Each and every unpermitted second housekeeping unit in the Village of Mount Prospect during the amortization period shall be registered with the Village Clerk no later than December 31, 1995 on a form available from the Village Clerk. This registration shall state the name and address of the legal and beneficial owner(s) and the address of the premises. D. Relief from Amortization Period. If an owner of a home containing an unpermitted second housekeeping unit has within the ten (10) years immediately prior to the adoption of this Section 14.312, expended monies specifically in the repair or remodeling of the unit, that owner may apply to the Village Manager for relief from the five (5) year amortization period. If the owner is able to prove by clear and convincing evidence, to the satisfaction of the Village Manager, that (1) the owner has expended the monies during the past ten (10) years immediately preceding the adoption of this Section 14.312; and (2) the potential revenues from the rent or lease of that unit have not been sufficient to recover the actual expenditures, then the Village Manager may extend the amortization period for that premises, in one (1) year increments not to exceed an additional five (5) years, so that the owner may recover such expenditures. For purposes of this Section 14.312, potential revenue is not the equivalent of actual receipts but shall be computed according to the following formula: Number of months transpired since expenditure. x The average monthly rental charge for the premises since the expenditure. = Potential revenue. E. Exceptions. This Section 14.312 shall not be applicable to the following: 1. Group Community Residence as defined in Section 14.2401 of this Chapter. 2. Family Community Residence as defined in Section 14.2401 of this Chapter. 3. Housing provided for religious institutions maintaining a house of worship in Mount Prospect when the housing is for its ministry, outreach or program personnel, provided that such housing is not otherwise prohibited by Mount Prospect regulations or laws. Second Housekeeping Page 3 of 5 4. Residences constructed and/or modified as residential two fiat or two apartment buildings prior to May 2, 1944, which have not been converted to a single dwelling unit residence. 5. Any residence which has been officially sanctioned by the Village as a two fiat whether by variation, special use or other official legislative action of the President and Board of Trustees. 6. Otherwise permitted sleeping rooms or separate living quarters without second kitchen units. 7. Those units which have free and unlimited physical access to the rest of the dwelling unit. If there is an issue as to whether the residence was built as a two fiat prior to May 2, 1944, or as to whether the Village has officially sanctioned the two fiat, then the burden of proof, by clear and convincing evidence, shall be on the owner. F. Realtors and Brokers It shall be unlawful for any real estate broker, or agent or any other person, to advertise, state or otherwise hold out to the public or any potential buyer that a residence may be used in any manner contrary to Section 14.312. G. Probable Cause to Inspect. A sworn complaint from a Mount Prospect resident that an unpermitted second housekeeping unit is in existence within the Village in conjunction with any other single indication of the existence of such a unit shall constitute probable cause to permit a Village official to obtain an administrative warrant to enter the premises as to which the complaint was filed to determine the actual existence of such a unit. Other indications of such a unit shall include, but not be limited to, vehicles at the residence registered to different parties, separate trash pickup, separate utility meters, prior knowledge of a Village official of such a unit or additional reports by other Village residents. The foregoing shall not be the exclusive method of establishing probable cause to inspect. H. Irrebuttable Presumption The following shall raise an irrebuttable presumption that there is not compliance with the requirement of "Free and Unlimited Physical Access: a. The existence of a lock or locks (whether used or not) on the only door or on all doors between an otherwise unpermitted second housekeeping unit and the remainder of the home. b. Door hinges installed or maintained (whether a door is used or not) in the only passageway or on all passageways between the otherwise unpermitted second housekeeping unit and the rest of the home. Second Housekeeping Page 4 of 5 I. Application of Definition of Family. Nothing is this Section 14.312 shall be construed as permitting more than one family dwelling unit, as defined in this Chapter 14, to occupy a dwelling unit. J. Penalty; Persons Subject to Penalty. Persons violating any portion of this Section 14.312 shall be subject to a minimum mandatory penalty of One Hundred Dollars ($100.00). Each day that the violation continues shall be considered a separate violation. However, any violation of subsection A(5) shall subject the violator to a mandatory fine of One Thousand Dollars ($1,000.00). Any legal or beneficial owner and any tenant or lessee shall be jointly and severally liable for any such violation." SECTION THREE: That Article XXIV entitled "Definitions" of Chapter 14 (Zoning) of the Village Code of Mount Prospect, as amended, is hereby further amended to add in proper alphabetical sequence the following definitions; so that hereinafter said Section 14.2401 shall include: "FREE AND UNLIMITED The existence of at least one unobstructed PHYSICAL ACCESS 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. KITCHEN UNIT Any living area which contains: 1. a cooking surface; 2. a refrigeration unit; and 3. hot and cold running water in an area not used as a bathroom. UNPERMITTED SECOND Any living quarters, located in a single family HOUSEKEEPING UNIT residential zoning district that: 1. is within the walls of another dwelling unit or physically connected to a detached single family home; and 2. contains its own kitchen unit that is in addition to the main kitchen unit in the residence; and 3. does not have free and unlimited physical access to the remainder of the dwelling unit. SECTION FOUR: That this Ordinance shall be in full force and effective from and econd Housekeeping Page 5 of 5 after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Corcoran, Hoefert, Skowron, Farley NAYS: Clowes, Hendricks, Wilks ABSENT: None PASSED and APPROVED this 6th day of December, 1994. Gerald L. Farley Village President ATTEST: Carol A. Fields Village Clerk