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HomeMy WebLinkAboutOrd 307 03/08/1949 ../ FllO*AGH 1&5c 3/8/49 Jo AN ORDINANCE TO PROTECT THE PRO- PERTY OF THE INHABITANTS OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, BY PBEVENTING THE ERECTION OR AL- TERATION OF' BUILDINGS.OR STRUCTURES WHICH WOULD. UNNECESSARILY DlPAIR OR DESTROY THE VALUE OF NEIGHBORING ~ ES~ATE. ****** WHEREAS, the Village of Mount Prospect is strictly and I essentially a residential community consisting of individual homes with lawns, tree-lined streets, and located in a rural community remote from sources of industrial dust, smoke and , ! i noise, thus providing its citizens with a quiet and beautiful I I! f II I! Ii I place to live; and WHEREAS, the President and Board of Trustees find that the existing buildings and the vacant lots now available for II construction have substantial values because or the unirorm ex- I I I tent and high quality of the development in the Village of Mount Prospect; that the owners of said buildings and lots have in most cases acquired them at prices based on such extra value and that it is necessary for the welfare of this village as a whole that um.... V~J:1age Board protec t such property by preven- tion of the erection or alteration of buildings or structures which would gnbstantia~y impair or destroy such value, so far as such prevention can be accomplished without substantially impairing the 'development of the properties proposed to be built upon. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, I ILLINOIS. I ~ECTION 1. That whenever an application for a permit I. to construct or alter a building or structure within this vil- Ii I I ! i " -2- lage is made and the Building Committee finds that the proposed building or structure is of such value, design, material or location that it will result in a substantial impairment or de.struction of value in neighboring real estate owned by the inhabitants of this iil.lage and if it further finds that the use of the particular design, material or location proposed, or substantially similar ones, is not reasonably essential to the development of the property proposed to be built or altered, the Building Inspector through the Building Committee shall re- fuse to issue the permit and the Building Inspector shall wi thin qlterrwch Y'fl..tu;q/ 5 days notify the applicant of such refusal and the reason A therefor. may: : (b) i Ii i! II' -I I ! I II II 'I Ii r (0) I' I J SECTION 2. Upon refusal of the permit, the applicant (a) Appeal from such refusal to the Village Planning Commission by giving notice of such appeal to the Secretary of such Commission not later than 10 days after receipt of notice of such refusal. On such appeal, the Commission shall hold a public hearing, notice of which shall be given at least 5 days prior to such hearing by publication once in a newspaper of general circulation within the Village. On such appeal the Commis- sion shall consider de novo the questions: 1. Whether the proposed building or structure is of such value, design, material or location that it will result in a substantial impairment or destruction of value of neighboring real estate owned by inhabitants of this village; 2. Whether the use of the particular design, material or location proposed or substantially similar ones, is rea- sonably essential to the development of the property pro- posed to be built or altered. The Commission shall decide said question within 30 days after the taking of said appeal. But this limitation is discretionary only and does not affect the Commission's jurisdiction. If the Commission decides the 1st question in the affirmative and the 2nd question in the negative, the permit shall not be issued, otherwise it shall be issued immediately. The Commission shall report its findings and the reasons therefor to the President and Board of Trustees, whose action shall be final. -3- (d) No permit shall be issued during the pendency of an appeal before the Commission, nor while the lieport of the Com- mission is pending before the President and Board of Trustees, nor while litigation is pending in any Court cballanging the Commission's action, nor while any appeal is pending from any CO\j1rt's action over-riding or reversing the Commission's action, nor during the time within which such appeal from a Court's action can lawfully be taken. SECTIQN 3. This Ordinance shall not be construed as abolishing any existing regulation restricting the issuance ot permits or the construction or alteration of buildings, but is in addition thereto. SECTION 4. That the construction or alterations herein prohibited is immediately in prospect and therefore this ordi- nance is declared to be an emergency measure and necessary for the immediate preservation of the public peace, health, safety and welfare and shall take effect forthwith and apply to all pending as well as future applications for permits. SECTiON 5. That this Ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED: APPROVED: f,( th1S~ day of MarCh, A.D. 1949. thisf~ day of KarCh, A.D. 1949. >>~ at ~.~ President 1 I I I. i ~zr. ~.. j i.. : '/ J r~ 0< n e g 11la~ lerk I I I . PUBLISHED in the MOUNT PROSPECT HERALD . ~ the II - day of KarCh, A.D. 1.949.