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HomeMy WebLinkAboutOrd 576 11/05/1957 , r" "/' / _:J L? ORDINANCE No.~j76 AN ORDINANCE AMENDING SECTIONS 16, 19 AND 20 OF THE VILLAGE OF MOUNT PROSPECT ZONING ORDINANCE AS AMENDED WHEREAS, a public hearing was held by the Zoning Commission of the Village of Mount Prospect in the Village Hall of the Village of Mount Prospect on the 1st day of November, 1957 at the hour of 8:00 P. M. pursuant to Notice of Public Hearing theretofore published in the Mount Pros- pect Herald, a newspaper of general circulation in the Village of Mount Prospect, which said Public Hearing con- cerned itself with the request of the Village Board of the Village of Mount Prospect to consider the repeal of Sections 16, 19 and 20 of the Zoning Ordinance as amended, and adopt- ing in lieu thereof revised Sections 16, 19 and 20 of the Zoning Ordinance as amended; and WHEREAS, all persons who desired to be heard were heard and an opportunity given to all persons who desired to make remonstrances and objections with reference thereto at the aforesaid meeting; and WHEREAS, the Zoning Commission of the Village of Mount Prospect, subsequent to said Public Hearing recommended that the aforesaid proposed amendments oe adop~ed in accor- dance with the petition of the Village Board of the Village of Mount Prospect; and WHEREAS, the corporate authorities of the Village of Mount Prospect, after considering the aforesaid, find and believe that it is in the best interests of the Village of Mount Prospect to amend the Zoning Ordinance of said Village by repealing Section 16 of said Zoning Ordinance and abolishing the present Board of Appeals as presently - 2 - set up and established in said Section 16; and further by repealing Section 20 of said Zoning Ordinance by abolishing the Zoning Commission of the Village of Mount Prospect as set up and established in said Section; and by repealing Section 19, the amendment section; and by adopting new sections to provide for the establishment of a new Board of Appeals (Section 16), which said Board of Appeals shall in part consist of the five persons now serving on the Zon- ing Commission and two new members to be appointed, and for placing under said Board of Appeals jurisdiction to hear matters pertaining to appeals from the Superintendent of Building and to make decisions thereon, and to hear matters pertaining to petitions for variations and amendments to the said Zoning Ordinance and to make recommendations to the Board of Trustees with respect to said variations and amend- ments; and by adopting new Sections 19 and 20 so as to pro- vide revised definitions of amendments and variations, NO\-J, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: Section 1: That an Ordinance entitled, I1An Ordinance classifying, regulating and restricting the location of trades and industries and the location of buildings designed for specified uses; regulating and limiting the height and bulk of buildings hereafter erected or altered, regulating and limiting the intensity of the use of lot areas and regulating and determining the area of yards, courts and other open spaces within and surround- ing such buildings; establishing the boundaries of districts for said purposes; and prescribing penalties for the viola- tion of its provisions 11 passed and approved December 4, 1923, and amendments thereto (and known as Ordinance No. 52) - 3 - as amended, be further amended by repealing in their en- tirety Sections 16, 19 and 20 of said ordinance and by adopting new Sections 16, 19 and 20, which said Sections shall hereafter be and read as follows: I1Section 16. 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 Zoning Commis- sion in office at the time of the adoption of this amendment shall serve as members of the new Board for the period of time remaining in their current terms and until their successors are appointed and qualified. At the expiration of the respective terms of office of the pre- sent members or for any vacancy on said Board, the members of the Board hereafter shall be appointed for terms of five (5) years. The term of office shall expire on the fifteenth (15th) day of Mayor until their successors shall have been duly appointed and qualified. 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 duly appointed and qualified. All members of the Board shall serve without compensation. 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 hear- ing. The Board shall select one of its members to be a Vice Chairman and may select any resi- dent of the Village of Mount Prospect to serve as Secretary. The Secretary shall keep the minutes and maintain the records of the Board. (B) JURISDICTION. The Board shall have jurisdiction in the following matters: 1. It shall hold a hearing and decide appeals from and review any order, requirement, decision, or determination made by the Superintendent of Building in the admini- stration or enforcement of this Ordinance or upon which it is required to pass by reason of the administration or enforce- ment of this Ordinance. - 4 - 2. It shall hold a hearing and submit recom- mendations to the President and Board of Trustees with respect to any proposed variation from this Ordinance. Variations are defined in Section 20 hereof. 3. It shall hold a hearing and submit recom- mendations to the President and Board of Trustees concerning any proposed amendment to this Ordinance. Amendments are defined in Section 19 hereof. (c) APPEALS AND REVIEW 1. FROM RULING OF SUPERINTENDENT OF BUILDING. Any person aggrieved by a ruling by the Superintendent of Building respecting the interpretation of this Ordinance, or any offi- cer, department, board or bureau of the Village affected by any ruling of the Superintendent of Building concerning the interpretation of this Ordinance, may take an appeal to the Board. Such appeal shall be taken within such time as shall be prescribed by the Board by general rules adopted by it, and shall be taken by filing with the Superintendent of Building and with the Board a notice of appeal, specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary for a proper determination of the question presented. Such appeal shall be taken 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 action appealed was taken. 2. VARIATIONS. Any property owner may file an application for a variation under the provisions of this Ordinance. The application for variation shall be subject to the provisions and requirements of Section 20 hereof. The application shall contain the legal description of the property and the address by which the property is com- monly known, and shall set forth the variation requested. 3 . AMENDMENTS. Any property owner may file an application for an amendment to this Ordinance subject to the provisions of Section 19 hereof. The appli- cation shall contain the legal description of the property and the address by which the pro- perty is commonly known, and shall set forth the amendment requested. Amendments may also be proposed by the Board of Trustees. 4. FEES. Applicants filing appeals 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. 5. NOTICE. In connection with appeals pursuant to Sec- tion 1 hereof, the Board shall fix a reasonable time and place for the hearing of appeals and - 5 - shall give notice thereof to the persons appeal- ing and to the officer from whom the appeal was taken. In connection with matters presented to the Board pursuant to subsections 2 and 3 hereof, the Board shall fix the time and place of a public hearing to be held in connection with an application for variation or amendment, which public hearing shall be held only after a notice of the time and place is published in a paper of general circulation in the Village of Mount Pros- pect not less than fifteen (15) days nor more than thirty (30) days previous to the hearing; such public notice shall contain the address or location of the property for which a hearing by the Board is sought, as well as a description of the nature of the application. (D) STAY OF PROCEEDINGS. The appeal shall stay all proceedings in furtherance of the action appealed from 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 property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by any court of record on appli- cation with notice to the officer from whom the appeal is taken and on due cause shown. (E) MEETINGS. 1. PROCEDURE. All meetings of the Board of Appeals shall be held at the call of the Chairman or at such other times as four (4) of the members of the Board may determine. The Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. At the hearing parties of interest shall appear in person or by agent or attorney. The Board shall keep minutes of its proceedings, show- ing the vote of each member upon every question, or if absent or failure to vote indicating that fact, and shall also keep records of its examina- tions 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 determina- tion of the Board shall immediately be filed in the office of the Board and shall be of 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 said rules and procedure shall at all times be on file in the office of the Vil- lage Clerk. The minutes of the Board shall be available to public examination at reasonable hours. 2 . QUORUM . Four (4) members of the Board shall constitute a quorum and must be present for any public meeting. - 6 - (F) DECISIONS. 1. The Board 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 the order, requirement, decision or determination appealed from to the extent and in the manner that the Board may de- cide 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 is necessary to reverse any order, requirement, decision or determination of the Superintendent of Building or to decide in favor of the applicant any matter upon which it is re- quired to pass under this Ordinance or to recom- mend any variation from this Ordinance. 3. Where, in a specific case, after writ- ten denial of permit by the Superintendent of Building, an appeal is made in writing to the Board explaining that because of certain excep- tional conditions peculiar to applicant's pro- perty or its environment that strict application of the regulations of this Ordinance would result in practical difficulties and particular hardship upon the order, the Board shall consider the case at a public hearing as prescribed herein, and shall determine and record all the facts which sustain or fail to sustain the granting of a variation from the requirements of this Ordinance. If the Board determines, by a concurring vote of not less ~han !'our (4) memoers ~naiJ a proposed variation or some modification of it will not (1) reduce the minimum area or dimensions nor increase the maximum dimensions by more than 25%, (2) impair an adequate supply of light and air to adjacent property, (3) increase the congestion in public streets unreasonably, (4) increase the hazard of fire, (5) endanger the public safety, (6) diminish or impair the values of property within the surrounding areas, (7) or in any other respect impair the public health, safety, comforts, morals and welfare of the people, it shall adopt a motion embodying such findings and may direct the Superintendent of Building to thereupon issue a permit. 4. On any matter considered b~ the Board pursuant to Sections 16 (B) (2 or 3) the Board's recommendation shall be forwarded to the President and Board of Trustees within fifteen (15) days after the last public hearing held on any such application. t1 t1Section 19. AMENDMENTS. The regulations imposed and the districts created by this Ordinance may be amended from time to time by an Ordinance duly passed by the President and Board of Trustees after a public hearing has been held by the Board of Appeals pursuant to Section 16 hereof, and as authorized by and pursuant to and subject to the requirements of Article 73-8 of Chapter 24 of the Illinois Re- vised Statutes. - 7 - t1Section 20. VARIATIONS. 1. The Village Board of Trustees, by ordinance, after considering a recommendation of the Board of Appeals, may authorize varia- tions from the provisions of this ordinance where there are practical difficulties or particular hardships in the manner of carrying out the strict letter of any of the provisions of this Ordinance relating to the use, con- struction or alteration of buildings or struc- tures, or the use of land. However, no such variations shall be authorized by the Village Board of Trustees, except in a specific case and after a public hearing before the Board of Appeals pursuant to notice and after a report with finding of fact of the Board of Appeals as set out in this ordinance and as provided by the laws of this State. Section 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Section 3: That all ordinances or parts of ordi- nances in conflict herewith be and the same are hereby re- pealed, reserving however, to the Village of Mount Prospect any rights which have accrued to it against any person, firm or corporation under any ordinances or sections of said Zon- ing Ordinance which may and are hereby repealed. PASSED this5rll day of J0; VI3/J186 e, 1957. APPROVED this5111day of lYOVE-/YIBG~, 1957. w~:~7I~ Village Clerk (t~ ;' ': \.~~ . '- N.t-tIJ~,i'j,'::a71LrY Village preSide~~ pu 8i../SI-I EP /Y)III'II C 1/'.4 <- Nr; ~/?/Y) r3 E 1'f //Y TN E CeDE to/ /9 S- 7