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HomeMy WebLinkAboutOrd 3203 04/20/1982 q/29/82 ORDINANCE NO. 3203 AN ORDINANCE AMENDING CHAPTER 14 ENTITLED "ZONING" OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Village of Mount Prospect, as Petitioner, has submitted a Petition for various text amendments to Chapter 14, entitled "Zoning" of the Village Code of Mount Prospect, Illinois; and WHEREAS, said text amendments include and pertain to the classification of restaurants into four separate classes, the designation of game rooms as a special use, certain designated business districts, the establishment of certain regulations governing use of amusement devices as an accessory use, the addition of certain survey and site plan requirements to applications for variations, special uses, or zoning amendments and the amendment of use and parking regulations in various business districts with respect to restaurants, as classified, game rooms and accessory amusement devices; and WHEREAS, said zoning amendments have been forwarded to the Zoning Board of Appeals which Board has held a public hearing on the subject requests under Case No. ZBA 1-A-82 on the 25th day of February, 1982, pursuant to due and proper 'publication thereof; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendations pertaining to the various zoning amendments under Case No. ZBA 1-A-82 to the President and Board of Trustees of the Village of Mount Prospect; and WHEREAS, it is deemed to be in the best interests of the Villa¢ of Mount Prospect that said text amendments be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINO~ SECTION ONE: Chapter 14, entitled "Zoning" of the Village Code of Mount Prospect, Illinois, 1981, as amended, is hereby furth, amended as follows: ne By amending Section 14.102 thereof entitled "Incidental or Accessory Buildings and Uses" to read: " Sec14.102. Accessory or Incidental Buildings and Uses. Unless otherwise prohibited or restricted, a permitted' use allows accessory buildings, structures and uses. However, such accessory building, structure or use shall not be established or erected prior to the establishment or construction of the principal use or building. No more than six (6) amusement devices may be permitted, subject to the standards for parking and flocr area, set forth in this Chapter, when accessory to the following principal uses: 1. Bowling Alley 2. Hotel/Motel o Municipal., Park District, or Township Community C~ter 4. Restaurant, Class I 5. Restaurant, Class II 6. Tave~cn or Lounge Temporary carnival er Circus T]leatre " By adding thereto a new Section 14.114 entitled "Amusement Devices" to read: Sec. 14.114. Amusement Devices. No amusement device may be located within the Village of Mount Prospect unless the device, and its location, conform to the requirements of this Zoning Ordinance. A minimum of forty (40) square feet of floor area shall be devoted to each amusement device. Such area shall include each game and its immediate vicinity and may include aisles but shall not include office space, storage, or other areas not specifically devoted to amusement devices. No amusement device shall be located so as to cause any building entrance or exit to be blocked by the amusement device or by patrons. Floor area devoted to amusement devices, accessory to a principal use, shall not exceed twenty percent (20%) of the gross flOor area of the building. " By amending sub-section B of Section 14.602 thereof entitled "Application for Vairation" to add thereto new sub-paragraphs 9 and 10 to read: A current plat of survey of the subject property, at a maximum scale of 1" = 50', which plat shall show all structures,with dimensions,on the lot, drives, and parking areas, all lot dimensions, and distances of structures from lot lines. 10. A site plan of the proposed improvements, at a maximum scale of 1" = 50', which plan shall show all structures, parking areas, drives, landscaping on the lot, and those located within twenty feet (20') of all property lines; with all relevant dimensions. By amending sub-section B of section 14.702 thereof, entitled "Application for Special Use" to add thereto new sub-paragraphs 7, '8, 9 and 10 to read: A current plat of survey of the subject property, at a maximum scale of 1" = 50', which plat shall show all structures with dimensions on the lot, drives and parking areas, all lot dimensions, and distances of structures from lot lines. o 10. A site plan of the proposed improvements, at a maximum scale of 1" = 50', which plan shall show all structures, parking areas, drives, landscaping on the lot and those located within twenty feet (20') of all property lines; with all relevant dimensions. The particular benefits for the community resulting from the location of the proposed use on the requested site. Any application for a game room shall also be accompanied by a building floor plan, showing all dimensions, indicating the inteded division of floor space, exits and entrances, areas for games, and common aisles. " By amending sub-section A of Section 14.704 thereof, o entitled "Standards" to add thereto new sub-paragraphs 8 and 9 to read: The location and site improvements proposed provide for adequate safety for vehicles and pedestrians. Provisions has been made on the site for adequate open space and landscaping. " By amending sub-section B.2 of Section 14.803 thereof, entitled "Application of Amendment" to add thereto new sub-paragraphs f and g to read: f® A current plat of survey of the subject property, at a maximum scale of 1" = 50', which plat shall show all structures on the lot, drives, and parking areas, all lot dimensions, and distances of structures from lot lines. A site plan of the proposed improvements, at a maximum scale of 1" = 50', which plan shall show all structures, parking areas, drives, landscaping on the lot, and those located within twenty feet (20') of all property lines: with all relevant dimensions. " By retitling Section 14.1701 thereof entitled "Permitted Uses" in a B-1 Shopping Center District to read "Permitted Uses and Special Uses" and by amending sub-section A thereof to read: Sec. 14.1701. Permitted Uses and Special Uses. In the B-1 Shopping Center District, the only use which may hereafter be established is: Shopping center with adjoining paved off-street parking area to provide four (4) square feet of :parking area for every one square foot of floor area in said shopping center, which shall be located on not less than two and one-half (2-1/2) acres in area. 2. Restaurant - Class I, II, III and IV. " By adding sub-section C to Section 14.1701 thereof, entitled "Permitted Uses and Special Uses,' in a B-1 Shopping Center District to read: In the B-1 Shopping Center District the following uses may be allowed by Special Use Permit in accordance with Article VII of this Chapter: 1. Game rooms: " By amending sub-section A of Section 14.2001 thereof, entitled "Permitted Uses and Special Uses" in a B-3 Business, Retail and Service District" to read: 12. Restaurant - Class I, II, III and IV or Tavern. " By adding sub-section C to Section 14.2001 thereof, entitled "Permitted Uses and Special Uses" in a B-3 Business, Retail and Service District" to read: 1. Automobile service station 2. Game rooms " K. By amending sub-section A of Section 14.2005 thereof, - 3/29/82 entitled "Off-Street Parking and Loading" in a B-3 Business, Retail and Service District to read: Sec. 14.2005. off-Street Parking and Loading. no In the B-3 Business Retail and Service District, there shall be provided a paved off-street parking area sufficient in size to provide one (1) parking space for every 300 square feet of gross floor area used in the building in relationship to that B-3 use; except that: One parking space shall be provided for each hotel unit; and One parking space shall be provided for each 500 square feet of gross floor area for hospitals, orphanages, homes for the ages and similar institutions; and Parking shall be provided at the ratio of one (1) space for each one hundred and fifty (150) square feet of gross floor area, or fraction thereof for a Class I Restaurant (Conventional - Sit-Down Parking shall be provided at the ration of one (1) space for each one hundred (100) square feet of gross floor area, or fraction thereof, for Class II Restaurants (Pub), Class III Restaurants (Take-Out), Taverns, Game Rooms, and floor area devoted to accessory amusement devices Parking shall be provided at the ratio of one (1) space for each sixty (60) square feet of gross floor area, or fraction thereof, for a Class IV Restaurant (Fast Food); For any building having drive-through or drive-up facilities, stacking room shall be provided in the ratio of seven (7) spaces for each drive-up window or station. Such stacking spaces shall be exclusive of off-street parking spaces or maneuvering aisles. Any building having drive-up facilities may reduce the required off-street parking by ten percent (!0%). By retitling Section 14.2101 thereof entitled "Permitted Uses" in a B-4 Business Retail and Service District to read "Permitted Uses and Special Uses" and by amending A thereof to read: Sec. 14.2101. Permitted Uses and Special Uses" ae In the B-4 Business Retail and Service District, the only uses which may hereafter be established are: Automobile laundries with an adjoining paved off- street parking area sufficient to provide one off- street parking space for each one hundred (100) square feet of gross floor area of the building of the said automobile laundry, plus an additional number of off-street parking spaces equal in numb~ to ten (10) times the maximum number of automobile: capable of being laundred at any one time which sh~ be determined by the physical characteristics of ti said laundry building. 2. Automobile sales operation. - 3/29/92 Automobile service station. ~4. Automobile garage. 5. Bowling alley. 6. Bus passenger station or passenger terminal. 7. Temporary carnival or circus, operated not longer than ten (10) days. 8. Cleaning, dyeing and laundry establishments, in- cluding coin-operated cleaning, dyeing and laundry establishments. e 10. 11. 12. 13. 14. 15. 16, 17. 18. 19. 20. 21. 22. 23. Co_mmercial swimming pools. Dance halls. Finance banking, including Federal Reserve Banks; Commercial and Stock Savings Banks; Mutual Savings Banks~ Trust Companies; and establishments performing functions closely related to banking such as Check Cashing Agencies and Curren~ Exch&nges, Safe Deposit Companies and Clearing House Associations; and Financial institutions other than banks, including: Savings and Loan Associations, Rediscount and Financing Institutions for Credit Agencies other than banks, Personal Credit Institutions, and Business Credit Institutions. Animal hospitals. General hospitals for hUmans, Orphanages, homes for aged and similar institutions. Hotel, lodging house or motel, with sleeping rooms or units in number not exceeding one for each five hundred feet (500') of lot area. Miniature golf courses, golf driving ranges. Professional or business office. Parking lots for private self-propelled passenger automobiles. Restaurant - Class I, II, III and IV. Retail sales and service establishments other than those specified herein provided such are not specific uses excluded from the B-4 District by other regulations contained in this Code. Skating rinks. Private music, dancing, business, vocational or other school or college. Signs, insofar as they may be allowed under the Sign Ordinance of the Village. o No 6 - 3~29~82 24. Lodge hall, temple (not to be confused with synagogue or private club); 25. Theatres; 26. Trampoline centers; 27. Undertaking or funeral parlor; and 28. Village Hall, Police or Fire Station, or other Municipal Building. " By adding sub-section C to Section 14.2101 thereof, entitled "Permitted Uses" in a B-4 Business Retail and Service District to read: In the B-4 Business Retail and Service District the following uses may be allowd by Special Use permit in accordance with Article VII of this Chapter: 1. Game Rooms; Drive-through facilities for a Class IV Restaurant. " By amending sub-section A of Section 14.2105 thereof, entitled "Off-Street Parking and Loading" in a B-4 Business Retail and Service District to read: ae In the B-4 Business Retail and Service District, there shall be provided a paved off-street parking area sufficient in size to provide for one (1) parking space for every 300 square feet of gross floor area used in the building in relationship to that B-4 use; except that: One parking space shall be provided for each hotel unit; One parking space shall be provided for each 500 square feet of gross floor area for hospitals, orphanages, homes for the aged, and other similar institutions; and o One parking space shall be provided for each two (2) seats in a theatre; and Parking shall be provided at the ratio of one (1) space for each one hundredd and fifty (150) square feet of gross floor area, or fraction thereof, for a Class t Restaurant (Conventional - Sit-Down); and Parking shall be provided at the ratio of one (1) space for each one hundred (100) square feet of gross floor area, or fraction thereof, for Class II Restaurants (Pub), Class III Restaurants (Take-Out), Taverns, Game Rooms, and floor area devoted to accessory amusement devices. Parking shall be provided at the ratio of one (1) space for each sixty (60) square feet of gross floor area, or fraction thereof, for a Class IV e 4/16/82 o Restaurant (Fast FOod); and For any building having drive-through or drive-up facilities, stacking room shall be provided in the ratio of seven (7) spaces for each drive-up window or station. Such stacking spaces shall be exclusive of off-street parking spaces or maneuvering aisles. Any building having drive-up facilities may reduce the required off-street parking by ten percent (10%). " By adding in chronological, alphabetical order the following definitions to sub-section B of Section 14.2602 thereof entitled "Rules and Definitions": ACCESSORY BUILDING, STRUCTURE OR USE: An Accessory building, structure or use is one which: AMUSEMENT DEVICE: (a) is subordinate and customarily incidental to a princial building or use; and (b) is subordinate in building area, intensity of use and purpose to the principal building or use served; and (c) contributes to the comfort, convenience, or necessity of occupants of the principal building or use served; and (d) is located on the same lot as the principal building or use served, with the single exce ion of such accessory off-stree parking facilities as are per- mitted to be located elsewhere than on the same lot with the building or use served. Any machine, game, table or device which is designed, intended, or used as a test of skill or entertai~ ment, and may be operated by the pub upon the insertion of coin, or token or the use of which is made availabll for any valuable consideration; and is operated by the manipulation of buttons, dials, trigger devices or electrical impulses. "Amusement device" shall include, but not be limited to, devices commonly known as pinball machines, video games, electronic games, pool table, and all games or operations similar thez to under whatever name they may be indicated. Not included within the definition of "Amusement device" are A/4E ROOM: HOTEL/MOTEL: RESTAURANT, CLASS I (Conven- tional, Sit-Down): RESTAURANT, CLASS II (Pub): RESTAURANT, CLASS III (Take-Out) RESTAURANT, CLASS IV (Fast Food: RETAIL: TAVERN OR LOUNGE: THEATRE: 8 - 4/15/82- caf regulation bowling alleys and coin- operated music players. Any es~blishment having more than six (6) amusement devices, whether or not operated as a principal use. An establishment which provides lodging accommodations for transient guests where less than twenty percent (20%) of the rooms are used or intended for occupancy by permanent, guests. A hotel shall provide customary services such as maid service, linen service, telephon and desk service, and the use and upkeep of furniture. A hotel shall include motel, and motor inn, but shall exclude boarding or lodging houses, and apartment hotels. A retail establishment where food and drink is prepared and served to be consumed at a table or counter on the premises and served primarily in or upon non-disposable containers. Any serving of alcoholic beverages shall be incidental to the serving of food. A retail establishment where both food and liquor are prepared and served to be consumed on-premises and served primarily in or upon non-disposable containers. A Retail establishment where food is prepared and served primarily in disposable containers for consumption off-premises. A retail establishment where food and drink is prepared and served primarily in or upon,~i~.disposable containers for consumption either on or off-premises. For the purpose of this Chapter, a drive-through facility shall be a separate use. Any building or use where the primary occupation is the sale of merchandise and services directly to and for use by con- sumers, as opposed to sale of mer- chandise or service to institutional, commercial, and industrial consumers or for the purpose of resale. A building or portion thereof where alcoholic beverages are sold to be consumed on the premises; but not including restaurants where the principal business is serving food. Any building or structure designed for 15/82- caf the enactment of dramatic or of musical performances and/or showing of motion pictures. For the purpose of this Chapter, a dinner theater shall be deemed a RESTAURANT, and a drive- in motion picture theatre and adult amusement or entertainment theatres are deemed separate and distinct uses. USE: Any purpose for which a structure or a tract of land may be designed, arrange~ intended, maintained, or occupied; also, any activity, occupation, busine or operation carried on, or intended t~ be carried on, in or on a structure or~ on a tract of land. USE, PRINCIPAL: The main use of land, buildings, or structures as distinguished from a subordinate or accessory use building o] structure. USE, SPECIAL: A use which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. WHOLESALE ESTABLISHMENT: Any building or use where the primary occupation is the sale of merchandise in gross for resale, or where the primary occupation is the sale of merchandise to institutional, ,, commercial and industrial consumers. SECTION TWO: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. AYES: Arthur, Farley, Murauskis, Krause NAYS: Floros, Wattenberg ABSENT: Miller PASSED and APPROVED this 20th. day of April , 1982. Vill~%ge President ATTEST: