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HomeMy WebLinkAboutOrd 3878 12/15/1987ORDINANCE NO. 3878 AN ORDINANCE TO AMEND SPECIFIED SECTIONS OF CHAPTER 14 ENTITLED "ZONING" OF IN THE VILLAGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 15th DAY OF December , 1987. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 16th day of December , 1987. ORDINANCE NO. 3@78 AN ORDINANCE TO AMEND SPECIFIED SECTIONS OF CHAPTER 14 ENTITLED "ZONING" OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Planning and Zoning Department of the Village of Mount Prospect has proposed amendments to Chapter 14 (Zoning) to provide changesgoverning the regulations for calculating building height in residential zoning districts and removal of specific fees for requests from Chapter 14 (Zoning); WHEREAS, Public Hearings were held on said amendments, designated as ZBA Case No. 21-A-87, before the Zoning Board of Appeals of the Village of Mount Prospect on April 30, 1987 and September 12, 1987, pursuant to due and proper notice thereof published in the Mount Prospect Herald on April 14, 1987; and WHEREAS, the Zoning Board of Appeals has submitted and recommendations to the Board of Trustees of the Mount Prospect; and its findings Village of WHEREAS, the President and Board of Trustees have considered further the amendments and the findings and recommendations of the Zoning Board of Appeals and have determined that it is in the best interest of the community to grant the amendments requested. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect, of 1981, as amended, is hereby further amended by deleting Section 14.305 of Article III and substituting therefor the following; so that hereinafter said Section 14.305 of Article III shall be and read as follows: Section 14.305. Zoning Compliance Review; Fees. A review for compliance with the provisions of this Chapter shall be made by the Zoning Administrator in every instance in which there is an addition to an existing structure or a new structure constructed or erected upon real estate situated within this Village, and also at the request of any person involved in the transfer of title to any real estate within this Village. The fees for such zoning compliance review shall be in the amount established from time to time by Ordinance of the Board of Trustees. " SECTION TWO: That Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect, of 1981, as amended, is hereby further amended by deleting Section 14.602.C.2 of Article VI and substituting therefor the following; so that hereinafter said Section 14.602.C.2 of Article VI shall be and read as follows: "Section 14.602.C. e Fees shall be paid with the submission of the application in an amount established from time to time by Ordinance of the Board of Trustees. SECTION THREE: That Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect, of 1981, as amended, is hereby further amended by deleting Section 14.702.C.2 of Article VII and substituting therefor the following; so that hereinafter Zoning Page 2 of 5 said Section 14.702.C.2 of Article VII shall be and read as follows: "Section 14.702.C. Fees shall be paid with the submission of the application in an amount established from time to time by Ordinance of the Board of Trustees. SECTION FOUR: That Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect, of 1981, as amended, is hereby further amended by deleting Section 14.803.C.2 of Article VIII and substituting therefor the following; so that hereinafter said Section 14.803.C.2 of Article VIII shall be and read as follows: "Section 14.803.C. Fees shall be paid with the submission of the application in an amount established from time to time by Ordinance of the Board of Trustees. SECTION FIVE: That Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect, of 1981, as amended, is hereby further amended by deleting Section 14.902.C.2 of Article IX, and substituting therefor the following; so that hereinafter said Section 14.902.C.2 of Article IX shall be and read as follows: "Section 14.902.C. Fees shall be paid with the submission of the application in an amount established from time to time by Ordinance of the Board of Trustees. SECTION SIX: That Section 14.1004 of Article X of Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect of 1981, as amended, is hereby further amended by adding thereto a new subparagraph D of Section 14.1004 so that said Section 14.1004.D and E. shall hereinafter be and read as follows: For any single family detached building which exceeds an overall height of thirty feet (30'), as measured from the average elevation of the finished grade within twenty feet (20') of the structure, said building shall be set back an additional two feet (2') beyond the minimum yard requirement for each one foot (1') of overall height above thirty feet (30'). " This Section shall not be deemed to conflict in any manner with additional heights allowable under Article XXV of this Chapter, when a given tract of land is improved as a Planned Unit Development in accordance with the terms of said Article. " SECTION SEVEN: That Section 14.1104.D of Article XI of Chapter 14 entitled "Zoning" of the Village Code of Mount - 2 - Zoning Page 3 of 5 Prospect of 1981, as amended, is hereby further amended by adding thereto a new subparagraph D; so that hereinafter Section 14.1104.D and E. shall be and read as follows: For any single family detached building which exceeds an overall height of thirty feet (30'), as measured from the average elevation of the finished grade within twenty feet (20') of the structure, said building shall be set back an additional two feet (2') beyond the minimum yard requirement for each one foot (1') of overall height above thirty feet (30'). " This Section shall not be deemed to conflict in any manner with additional heights allowable under Article XXV of this Chapter, when a given tract of land is improved as a Planned Unit Development in accordance with the terms of said Article. " SECTION EIGHT: That Section 14.1204.D of Article XI of Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect of 1981, as amended, is hereby further amended by adding thereto a new subparagraph D; so that hereinafter Section 14.1204.D and E. shall be and read as follows: For any single family detached building which exceeds an overall height of thirty feet (30'), as measured from the average elevation of the finished grade within twenty feet (20') of the structure, said building shall be set back an additional two feet (2') beyond the minimum yard requirement for each one foot (1') of overall height above thirty feet (30'). " Ee This Section shall not be deemed to conflict in any manner with additional heights allowable under Article XXV of this Chapter, when a given tract of land is improved as a Planned Unit Development in accordance with the terms of said Article. " SECTION NINE: That Section 14.1304.D of Article XI of Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect of 1981, as amended, is hereby further amended by adding thereto a new subparagraph D; so that hereinafter Section 14.1304.D and E. shall be and read as follows: For any single family detached or for any duplex residence building which exceeds an overall height of thirty feet (30'), as measured from the average elevation of the finished grade within twenty feet (20') of the structure, said building shall be set back an additional two feet (2') Zoning~ ~ ~ Page 4 o~ 5 beyond the minimum yard requirement for each one foot (1') of overall height above thirty feet (30'). " This Section shall not be deemed to conflict in any manner with additional heights allowable under Article XXV of this Chapter, when a given tract of land is improved as a Planned Unit Development in accordance with the terms of said Article. " SECTION NINE: That Section 14.1404.D of Article XI of Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect of 1981, as amended, is hereby further amended by adding thereto a new subparagraph D; so that hereinafter Section 14.1404.D and E. shall be and read as follows: " D o For any single family detached, any duplex, or any single family attached residence building which exceeds an overall height of thirty feet (30'), as measured from the average elevation of the finished grade within twenty feet (20') of the structure, said building shall be set back an additional two feet (2') beyond the minimum yard requirement for each one foot (1') of overall height above thirty feet (30')." This Section shall not be deemed to conflict in any manner with additional heights allowable under Article XXV of this Chapter, when a given tract of land is improved as a Planned Unit Development in accordance with the terms of said Article. " SECTION TEN: That Section 14.1504.D of Article XI of Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect of 1981, as amended, is hereby further amended by adding thereto a new subparagraph D; so that hereinafter Section 14.1504.D and E. shall be and read as follows: For any single family detached, any duplex, or any single family attached residence building which exceeds an overall height of thirty feet (30'), as measured from the averag~ elevation of the finished grade within twenty feet (20') of the structure, said building shall be set back an additional two feet (2') beyond the minimum yard requirement for each one foot (1') of overall height above thirty feet (30'). " This Section shall not be deemed to conflict in any manner with additional heights allowable under Article XXV of this Chapter, when a given tract of land is improved as a Planned Unit Development in accordance with the terms of said Article. " SECTION ELEVEN: That Section 14.2602.B of Article XXVI of Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect of 1981, as amended, is hereby further amended by deleting the therefrom the definition "Grade.B" and - 4 - oning Page 5 of 5 substituting therefor the following; so that hereinafter subparagraph B for the definition "Grade" shall be and read follows: as "B. Base (established) Grade. The average elevation of the established curb extending the width of the front of a lot or, where no curb is established, the average elevation of the crown of the street adjacent to the front of a lot. " SECTION TWELVE: That Section 14.2602.B of Article ×XVI of Chapter 14 entitled "Zoning'% of the Village Code of Mount Prospect of 1981, as amended, is hereby further amended by deleting therefrom the definitions "Ceiling Level Height" and "Maximum Height" and substituting therefor in proper alphabetical order the following; so that hereinafter the definition entitled "Height" shall be and read as follows: Height. The following definitions shall be used to determine the height of buildings and structures permitted under this Chapter. 1. Ceiling Level Height: The vertical distance of a building or structure as measured in feet, from the base grade to the finished bottom edge of the uppermost ceiling line of the top-most habitable room in the top-most story of a building. 2. Building Structure Height: The vertical distance of a building or structure as measured in feet, from the base grade to the highest point of the roof or parapet, if a flat, mansard, or gambrel roof, or the point midway between the ridge line and the eave line if a hip or gable roof. Mechanical penthouses, chimneys and steeples shall not be included in measuring the height or buildings. 3. Overall Building, Structure Height: The vertical distance of a building or structure as measured, in feet, from the finished grade to the highest point of the structure, regardless of the type of structure or roof system. Mechanical penthouses, chimneys, and steeples shall not be included in measuring the height of buildings. " SECTION THIRTEEN: That this Ordinance shall be in full force and effect from and after is passage, approval and publication in pamphlet form in the manner provided by law. AYES: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg NAYS: None ABSENT,one PASSED and APPROVED this 15th day of December 1987. Carolyn H~ Krause Village President ATTE ST: Carol A. Fields Village Clerk - 5 -