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HomeMy WebLinkAboutOrd 1102 10/26/1965 ORDINANCE NO. 1102 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSEECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT: I !I il il il !! II II 'I II ,I Ii Ii iI :1 :, II ,I II " Ii II II 'I il 11 II "' ii :1 d " d il Ii il p il II I. ,I Ii II Ii II Ii \1 Ii ii !i II II 'I !I II ,. i! SECTION ONE: THE Zoning Ordinance of the Village of Mount Prospect, as amended, is hereby further amended by delet- ing therefrom all of Section 30 and substituting in its place a new section 30, the new Section to read as follows: Section 30. Board of Appeals. (A) Creation and Membership. A Board of Appeals is hereby authorized to be established. When used in this Section, the word "Board" shall be construed to mean the Board of Appeals. The said Board shall consist of seven (7) members appointed by the President by and with the consent of the Board of Trustees. The members of the Board of Appeals in office at the time of the adoption of this amendment shall serve until the expiration of their current terms, and the successor to each member so appointed shall serve for a term of five (5) years. The term of office of the members of the Board shall expire on the 15th day of Mayor when their successors shall have been duly appointed and qualified.. Vacancies on the Board o.f Appeals shall be filled for the unex- pired term of the member whose place has become vacant. The President by and with the consent of the Board of Trustees shall appoint one of the members of the Board to serve as Chairman. The Chairman shall be appointed to serve until May 15th of the following year. Thereafter, the Chairman shall hold office as Chairman for a period of one (1) year and may be reappointed as Chairman. The Chairman shall serve until his successor has been II ~ I Ii II duly appointed and qualified. Members of the Board shall serve without compensation, except that for any special meeting of said Board there shall be paid for each case heard at any such special meeting the amount of $10 to the Chairman and $5 to each member of the Board of Appeals present at said special meeting. Members of the Board shall be subject to removal by the President by and with the consent of the Board of Trustees for cause and after a public hearing. The Board shall select one of its members to be a Vice Chairman. A secretary shall keep the minutes and mintain the records of the Board. (B) Jurisdiction. The Board shall have jurisdiction in the following matters: (1) To hear and decide appeals from any order, requirement, decision or determination made by the Superintendent of Building in the adm- i i! i! , I ~ iI 11 II il il II II II i I I I I inistration or enforcement of this ordinance or upon which it is required to pass by reason of the administration or enforce- ment of this ordinance. (2) To hear and decide applications for variations from the regulations and restrictions contained in this Drdinance in all cases in which the variation will not reduce the minimum yard re- quirements, or minimum lot area, width or depth required by this ordinance by more than I II JI II I I 25%, or increase the maximum height permitted by this ordinance by more than 25%. (3) To hear all applications for variations not covered by Section 30(B)(2) and submit its recommendations to the President and Board of I I I ! I II -2- Trustee with respect to such proposed varia- tions. (4) To hear all applications for special uses and submit its recommendations thereon to the President and Board of Trustees. (5) To hear and decide, or make recommendations on, such other matters as may from time to time be committed to its jurisdiction by other ordi- nances of the Village of Mount Prospect. (C) Appeals and Review. (1) From Ruling of Sup~rintendent of Building. An appeal may be taken to the Board of Appeals from any decision or ruling by the Superintendent of Building with respect to the application, inter- pretation, or enforcement of this oDdinance by any officer, department, board or bureau of the Village, or by any other person aggrieved by such ruling. The Board shall prescribe the time for taking such appeals by general rule. Appeals shall be taken within the time so prescribed by filing with the Clerk of the Village a notice of appeal which specifies the grounds therefor. Such appeal shall be accompanied by such plats and exhibits as are reasonably necessary for a proper determination of the question presented and shall be upon forms provided by the Board. The Superintendent of Building shall forthwith transmit to the Board all the papers constituting the record upon which the decision or ruling being appealed was based. -3- (2) Variations and Special Uses. An application for a variation or special use may be filed by any person who owns or has an interest in the prop- !l II II II II I' I' . I I! il il 'I Ii il II I . i . I I erty which is the subject of the said application. Applications for a variation shall be subject to the provisions and requirements of Section 34 of this ordinance and applications for special uses shall be subject to the provisions of Section 5 of this ordinance. The application shall contain the name of the applicant, the legal description of the property, the address or location by which the property is commonly known, and the nature of I I I I I II I , I I I the variation or special use that is requested. (3) Public Hearing. No appeal or other matter shall be decided and no variation or special use shall be granted or recommended, unless the Board has held a public hearing on the application for such variation or special use or on such appeal or other matter. (4) Feei. Applicants filing appeals or applications for a variation or a special use pursuant to this Section shall pay such fees as may be from time to time set and established by the President and Board of Trustees. Such fees shall be sufficient to defray the cost of publication of notice, pre- paration of transcripts, and the cost of a special meeting of the Board when the applicant has requested such special meeting. (5) Notice. In connection with appeals pursuant to Section 30(C)(1) of this ordinance, the Board shall fix a reasonable time and place for the I ~ -4- . ~ I il II II II ,I , i I 1 I ;1 II II II i I i I I I i i II I I II 'I :1 II II Ii II 'I I I I I II II II :1 I . II II Ii II I i i I I I I I I Ii II 11 II !I II II II II ,I I' i II ~ hearing of such appeals and shall give notice of such hearing to the person appealing and to the officer from whom the appeal was taken. In con- nection with applications for variations and special uses, the Board shall fix the time and place for apublic hearing to be held in connec- tion with such application. Notice of the time and place of the said public hearing shall be published not less than 15 nor more than 30 days prior to such hearing in a paper published in the Village of Mount Prospect. Such published notice shall contain the name and address of the applicant, the address or location of the proper- ty with respect to which a variation or special use is sought, and a description of the nature of the application. (D) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed form unless the Superintendent of Building certifies to the Board, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or prop- erty, in which case the preceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by any court of record on application with notice to the officer from whom the appeal is taken and on due cause shown.. (E) Meetings and Hearings. (1) Procedure. Regular meetings of the Board of appeals shall be held on the fourth Friday of each month. Special meeting of the Board may -5- be held at the call of the Chairman or of any four (4) of the members of the Board. The Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All testimony before tha Board shall be given under oath. All meetings and hearings of the Board shall be open to the public. At meetings or hearings interested parties may appear in person or by agent or attorney. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact. The Board shall also keep records of its hearings and other official actions. Each member is entitled to vote on each question unless a member is absent or disqualifies himself. Every rule, regulation, every amendment or repeal thereof, and every order requirement, decision or determination of the Board shall immediately be filed in the office of the Board and shall be a public record. The Board shall adopt its own rules of procedure not in conflict with this ordinance or with the Illinois statutes in such case made and provided. A copy of such rules of procedure shall at all times be on file in the office of the Village Clerk. The minutes of the Board shall be available to public axamination in the office of the Village Clerk at reasonable hours. (2) Quorum. Four (4) members of the Board of Appeals shall constitute a quorum and must be present for -6- any meeting or public hearing. (F) Decisions. (1) The Board of Appeals shall hear and decide all matters presented to it within a reasonable time. The Board may reverse or affirm, wholly or partly, or may modify or amend any order, requirement, decision or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper in the premises subject to the provisions contained in this ordinance or with the Illinois statutes in such cases made and provided. (2) The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Superintendent of Building, to grant a variation from the terms of this ordinance in those instances authorized by Section 30(B)(2) of this ordinance, to recommend to the President and Board of Trustees any other variation from the terms of this ordinance or the granting of an application for a special use, or to decide in favor of the applicant on any other matter upon which it is required to pass under this or any other ordinance. (3) The Board shall not vary the regulations of this ordinance, as authorized in Section 30(B)(2) hereof, unless it shall, in each specific case make findings of fact, basee upon the evidence presented to it, that support the following con- clusions: -7- II II 'I I , (a) The particular physical surroundings, shape, or topographical condition of the specific property involved would result in a practical difficulty or particular hardship upon or for , " I, I the owner, lessee or occupant, as distin- guished from a mere inconvenience, if the strict letter of the regulations were carried " ", I out; (b) The conditions upon which the petition for a variation is based are unique and would not be generally applicable to other property within the same zoning classification; (c) The purpose of the variation is not based Ii Ii exclusively upon a desire tomake more money I; I! II ii il il :1 i' iI P " I II 11 II 'I II ,I I, " " 'I I, 'I II Ii Ii out of the property; (d) The alleged difficulty or hardship has not been created by any person presently having an interest in the property; (e) The granting of the variation will not be materially detrimental to the public welfare or injurious to other property or improve- ments in the neighborhood in which the prop- I I I, II II II I' II I I I erty is located; (f) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the con- gestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborho6d. j II I ! I I 1 ! II -8- , 'I L II Ii 'i II I II i; 'I I, Ii " " II II '! :1 I I , I II II Ii I (4) The Board of Appeals or the President and Board of Trustees may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set out in Section 30(F)(3) to reduce or minimize any effect such variation may have upon other property in the neighborhood, and better to carry out the general intent of this ordinance. (5) On any matter considered by the Board pursuant to Sections 30(B)(3) or 30(B)(4), the Board's recommendation shall be forwaraed to the President and Board of Trustees within fifteen (15) days after the last public hearing held on any such application. (G) Period of Validity. No variation or special use granted by the Board of Appeals or Board of Trustees shall be valid for a period longer than one year from the date on which the variation or special use is granted unless within such one year period either (1) a zoning certificate is obtained and the construction, remodeling, moving, alteration or expansion of a structure is commenced; or (2) an occupancy certificate is obtained and a use commenced. Neither the Board of Appeals nor the Board of Trustees shall grant any extension of the aforesaid one year period unless an application for an extension has been filed and public notice has been given in the manner required by paragraph (C)(5) and a public hearing has been held in accordance with paragraphs (C)(3) and (E) of this Section30. The Board of Appeals or the Board of Trustees may provide, as a condition of granting an -9- application for a variation or a special use, that the period of validity shall be less than one year. SECTION TWO: 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: 6 NAYS: 0 PASSED this 26th day of October, 1965. APPROVED this 26th day of October, 1965. ATTES T : ~/~ . Village Clerk PUBLISHED IN PAMPHLET FORM October 28th, 1965. -10-