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HomeMy WebLinkAboutOrd 1107 11/09/1965 I. Ordinance No. /107 AN ORDINANCE AMENDING THE MOUNT PROSPECT BUILDING CODE TO AUTHORIZE THE GRANTING OF VARIATIONS THEREFROM BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT: SECTION ONE: Section 9 of Chapter II of the Mount Prospect Building Code is hereby amended by deleting therefrom the words, ItDuties and Power of Board of Appeals, It and insert- ing in their place the ''lords, "Appeals From the Building Committee," and by deleting from the said Section the words, "Board of Trustees, who shall act as the Board of Appeals and," and inserting in their place the words, "Board of Appeals," so that the said Section 9 shall thereafter be and read as follows: APPEALS FROM THE BUILDING COMMITTEE: 9. vfuenever the Building Committee shall reject or refuse to approve the mode or manner of construction proposed to be followed or materials to be used in the erection or altera- tion of a building or structure, or when it is claimed that the provisions of this code or of any duly adopted rules do not apply, or that an equally good or more desirable form of construc- tion can be employed in a specific case, the owner of such building or structure, or his duly authorized agent, may appeal from the deci- sion of the Building Committee to the Board of Appeals, whose decision shall supersede that of the Building Committee and shall be final. SECTION TWO: Chapter II of the Mount Prospect Building Code, as amended, is hereby further amended by adding a new Section 10 thereto, the said new section to be and read as follows: 10. VARIATIONS. (A) In any case in which the strict or literal application or enforcement of the provisions of this Building Code impose an unwarranted or unnecessary hardship, the Board of Appeals of the Village may, upon application by the -2- owner or occupant of the premises affected, grant a variation from the terms of this Build- ing Code. (B) An application for a variation shall be made to the Superintendent of Building who shall trans- mit the application to the Board of Appeals. (C) The Board of Appeals shall hold a public hearing on all applications for variations from the Build- ing Code. At such public hearings the Board of Appeals shall give the applicant and any other interested person an opportunity to be heard with respect to the application. (D) A notice of such public hearing shall be sent by mail, not more than 30 nor less than 15 days before the date set for such hearing, to each person who paid the general taxes for the last preceding year in which taxes were paid on each lot, tract or parcel of land, all or any part of which lies within 100 feet in each direction of the property on which is located the building or structure as to which an application for a varia- tion has been made. The number of feet occupied by public roads, streets, alleys and other public ways shall be excluded in computing the 100 foot distance. Such notices shall be mailed by the Village Clerk, but the applicant for a variation shall provide the names of the persons to whom such notices are to be sent. / (E) l The Board of Appeals shall not grant a variation from the terms of this Building Code unless it shall find that the strict application of the provisions of the Building Code will create an unwarranted hardship, that the proposed varia- f tion will be in harmony with the intent of th~ provisions of this Building Code, and that the public safety and welfare will be protected. In determining the extent to which the aforesaid requirements have been established, the Board of Appeals shall consider: (1) Whether the strict application of the pro- visions of the Building Code will actually impose aphardship as distinguished from a mere inc~nv~nience for the applicant. Whether the,~onditions upon which the application tor a vartation are based are unique and would not be generally 'applicable to other buildings of the same type or character within the Village. (2) (3) Whether the alleged hardship has been created by any person who presently has an interest in the building or structure. (4) Whether the granting of the variation would , 1 -3- be detrimental to the p~blic welfare or injurious .~o other buildings or structures in the neighborhood in which the subject building or structure is located. (5) Whether the proposed variation will increase the danger of fire, endanger the public safety, or substantially diminish or impair the value of other buildings or structures in the vicinity. (F) The Board of Appeals may impose such conditions, safeguards, and restrictions upon any building or structure benefited by a variation as may be necessary to comply with the standards set out in subsection (E) of this Section 10. (G) The provisions of this Section 10 of Chapter II shall not be construed to supersede or nullify Sections llO.l and 110.2 of the provisions of the 1960 Edition of the Basic Building Code, recommended by the Building Officials Conference of America and adopted by reference by Section 2.1(a) of Chapter I of this Building Code. SECTION THREE: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: b NAYS: () PASSED thisL day of ~ t>?~v(~ APPROVED this ~ day of ,-- , 1905. , 1965. PUBLISHED in the .M.ount Prospect Herald NOuY .' r 18, 1965. /i' , ViI age President ATTEST: ,~ 1/ ~ ., f( b, ;J /k?tL-t'L~ . Village 'Clerk