HomeMy WebLinkAboutOrd 6112 12/17/2013 Amending Chapter 14 Entitled "Zoning"ORDINANCE NO. 6112
AN ORDINANCE AMENDING CHAPTER 14 ENTITLED "ZONING"
OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS
HOME RULE POWERS:
SECTION 1: Section 14.203, "Procedures for Administrative Functions" of Article
Il, Administration and Enforcement of Chapter 14 of the Mount Prospect Village Code
shall be amended by deleting paragraph C(11) "Minor Variations" in its entirety and
inserting a new paragraph C(11) which shall be and read as follows:
11. Minor Variations:
a. Action By Director of Community Development: The director of
community development shall hear and decide as final administrative authority,
all petitions for minor variations for the following:
(1) Existing nonconforming accessory structures:
A. Applicable structures:
(1) Will be replaced with the same type of
structure,
(2) Do not exceed a total of two (2) accessory
structures per lot of record,
(3) Extend into no more than forty percent
(40 %) of the required interior side yard setback,
(4) Extend into no more than ten percent (10 %)
of the rear yard setback, or
(5) Where the applicable lot coverage does not
exceed the maximum permitted for that zoning district by
more than ten percent (10 %).
B. Standards: For minor variations consisting of existing
nonconforming accessory structures, the director of community
development shall make findings of fact based on the petition and
public input according to the following standards:
(1) Whether the regulation from which relief is
sought was in existence when the applicant either
purchased or improved the property.
(2) Whether the applicant changed the property
in some way so as to create the nonconformity.
(3) Whether the requested relief will be out of
character with the neighborhood.
(4) Whether there are other structures within
the same zoning district, which either violate or have
received a variation from the same regulation.
(5) Whether the negative impact on the
applicant, in not being able to use the property in the
specific manner requested substantially outweighs any
negative impact on the adjacent properties if the variation
is granted.
(6) Whether the request is the minimum
necessary to use the property in a manner reasonably
similar to other uses in the neighborhood.
(7) Whether a reasonable alternative is
consistent with the expressed terms of the zoning
ordinance.
(2) Parking requirements for uses in excess of 2,500 square
feet in floor area located in the B -5 Central Commercial District and B -5C
Core Central Commercial District.
A. Standards: For minor variations consisting of parking
requirements for uses in excess of 2,500 square feet in floor area
located in the B -5 Central Commercial District and B -5C Core
Central Commercial District, the director of community
development shall make findings of fact based on the petition and
public input according to the following standards:
(1) Whether the requested relief will be out of character with
the neighborhood.
(2) Whether there are other properties within the same zoning
district, which have received a variation from the same regulation.
(3) Whether there is public parking available within 1,000 feet,
(4) Whether there is public transit (e.g. train station) available
within 1,000 feet.
(5) Whether there are adjacent land uses with different peak
parking demand periods based on the hours of operations.
(6) Whether there is a shared parking agreement / valet
service provided.
b. Hearings: Administrative hearings shall be held for minor
variations only and in compliance with the provisions as described in this section.
(1) Upon receipt of an application for a minor variation, the
director of community development shall review the application for
completeness and assign a case number to the request.
(2) For all applications for a minor variation, the department of
community development shall provide a list of all owners of record of
property lying within one hundred feet (100'), exclusive of right of way
width, of the parcel subject to the public hearing. The director of
community development shall cause a copy of the public notice to be
mailed to all property owners on the list no more than thirty (30) days nor
less than seven (7) days prior to the hearing.
(3) An administrative notice shall contain the case number
assigned to the application, the address of the property, a brief statement
on the nature of the minor variation, the name and address of the
property owner, the petitioner and their legal representative, and the date,
time and location of the administrative hearing.
(4) For all applications for a minor variation, the director of
community development shall also cause one or more signs to be posted
on the property, which is the subject of the administrative hearing.
(5) The number and location of signs shall be determined by
the director of community development.
(6) The sign must be a minimum of thirty inches by thirty
inches (30" x 30 ") in size, having letters a minimum of two inches (2 ")
high, and contain the following information:
(A) The fact that an administrative hearing that affects
the subject property will be held, with direction to interested
members of the general public to call the office of the community
development director for further information concerning date, time
and place and subject matter of said administrative hearing.
(B) Any interested person may appear and be heard at
the hearing and such appearance may be made in person, by
agent (if a corporation), or in writing.
C. Appeal Of Director Of Community Development Decision: Any
individual may file an appeal of the decision of the director of community
development regarding a minor variation with the planning and zoning
commission. Such appeal shall be filed with the director of community
development within five (5) calendar days of the director's decision.
SECTION 2: Section 14.304, "Bulk Regulations" of Article III, General Provisions
of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting
paragraph D "Regulations for Fences and Walls" in its entirety and inserting a new
paragraph D which shall be and read as follows:
D. Regulations For Fences And Walls:
1. General Provisions: It shall be unlawful to construct, erect or
replace any fence without first obtaining a permit from the Community
Development Department. The permit may be granted only if the proposed fence
is in compliance with the provisions of the Village Code. For the purposes of this
section, freestanding walls shall be considered fences.
2. Height And Location:
a. Separation: Where existing drainage patterns would not be
adversely impacted, a maximum of two inch (2 ") separation shall be
maintained between the fence and the base grade to provide for
adequate drainage. Fences located across drainage swales shall be a
maximum of six inches (6 ") above base grade, unless the Village
Engineer requires a larger separation. Fences shall not be permitted in
floodway areas as designated on FEMA's flood boundary and floodway
map.
b. Sight Triangle: No fence greater than three feet (3) in
height shall be placed within a sight triangle so as to obstruct or limit the
line of sight for a motorist, cyclist, or pedestrian.
C. Encroachment: All fences shall be entirely on private
property. Fences may not encroach on adjoining lots or public rights of
way.
d. Fenceable Area: Under no circumstances shall a fence
enclose an area that is less than fifty percent (50 %) of the maximum
fenceable area of a residentially zoned property. This limitation shall not
apply to fencing around swimming pools.
e. Five Foot Fences: Fences up to five feet (6) in height will
be permitted as follows, and as shown on exhibit 14.304 b in section
14.2501 of this chapter:
M
(1) Rear and Interior Side Yards: Fences may be
installed in the rear and interior side yards, provided any fence is
located behind the front line of the principal building structure. If a
fence is not located along a property line, then sufficient access
must be provided to the area between fence and property line to
allow for proper maintenance.
(2) Exterior Side Yards: Open and solid style fences
may be installed in an exterior side yard, provided that the fence is
placed behind the front line of the principal building and set back
one foot (1') from the property line along the exterior side yard. If
the exterior side yard abuts the front yard of an adjacent lot; a one
foot (1) setback for an open style fence or a ten foot (10') setback
for a solid style fence shall be maintained from the property line
along the exterior side yard.
f. Swimming Pool Fences: Fences and gates at least four
feet (4'), but not greater than five feet (6), in height to completely
surround swimming pools other than swimming pools having a raised
deck at least four feet (4') above grade may be placed as follows:
(1) Along the perimeter of the pool walk areas; or
(2) Along the perimeter of the lot as described in
subsection D1e of this section.
g. Six Foot Fences: Fences and gates up to six feet (6') in
height will be permitted as follows, and as shown on exhibit 14.304 b in
section 14.2501 of this chapter:
(1) When placed within the permitted buildable area of
a residential property, an area fence no longer than eighteen feet
(18') in length provided that it is located within the rear yard.
(2) When placed along the rear or exterior side lot line
when such rear or exterior side lot line abuts an arterial road as
defined by the comprehensive plan of the village and provided that
a one foot (1') setback is maintained from the rear or exterior side
lot line abutting the arterial road right of way.
(3) When placed between adjacent residential uses
and nonresidential uses along side or rear lot lines.
(4) When placed between single - family residential and
multi - family residential uses along side or rear lot lines.
h. Eight Foot Fences: Fences up to eight feet (8') in height
will be permitted as follows:
(1) In industrial and commercial districts when used for
the purpose of screening accessory building material, equipment
or vehicle storage yard uses.
(2) In residential zoning districts, along rear or side
property lines contiguous to railroad rights of way.
(3) Public swimming pools, along the perimeter of the
pool area.
i Method for Determining Fence Height: Fence height shall
be measured vertically from the base grade to the top of the fence. Posts,
including caps, used specifically for supporting a fence may exceed the
applicable height limit by a maximum of eight inches (8 "). The required
separation for drainage purposes shall not be counted towards the fence
height limitations.
j. Utility Easements: The construction of fences in utility
easements is subject to the condition of the easement.
k. Arbors/Trellises: A maximum of two (2) arbors or trellises
shall be permitted except in any required front yard. Such arbors or
trellises may not exceed a height of eight feet (8') or a width of ten feet
(10') and be no more than twenty five percent (25 %) opaque.
I. Recreational Facilities: Open mesh chain link fences up to
twenty feet (20') in height may be permitted surrounding recreational
facilities such as tennis courts, athletic fields, or similar uses subject to
the approval of the community development director.
3. Construction:
a. Fences may be constructed of wood, chain link, masonry,
aluminum, wrought iron, composite, or similar materials and shall be
constructed so that only a smooth finished side faces an abutting lot or
road.
b. It shall be unlawful to maintain or construct any fence
composed in whole or part of barbed wire or with any similar materials
designed to cause injury to person, or any wire charged with electrical
current, anywhere within the village except to protect industrial property,
in which case, barbed wire must be at least six feet (6') above sidewalk
and extend inward of property.
C. Fences surrounding swimming pools must meet the
provisions of subsection D1f of this section.
d. Fences used for the purpose of screening in commercial
and industrial districts shall be of solid style. Fences may be constructed
of wood, masonry, or other material subject to approval by the director of
community development.
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All other fences may be open style except where adjacent to residential
property, in which case, the fence must be a solid style.
e. In districts other than single - family residence zoning
districts, the village shall require that fence areas be landscaped with low
height plantings or other material as approved by the community
development department.
f. Grades at property lines shall not be altered due to fence
construction unless a grading plan is submitted to and approved by the
community development director.
g. Temporary construction, safety, and silt fencing may be
permitted only as part of a construction project for which a current
building permit exists. Temporary construction, safety, and silt fencing
shall be removed upon completion of the construction project.
SECTION 3: Section 14.305, "Regulations for Radio, Satellite and Television
Antennas, Towers and Dishes" of Article III, General Provisions of Chapter 14 of the
Mount Prospect Village Code shall be amended as follows:
(1) By deleting the words "one meter (1 m)" and replacing the words with
"three feet (3')" in subparagraph 2 of paragraph A "General Provisions" and inserting a
new subparagraph 3 which shall both be and read as follows:
3. Antennas used for amateur radio purposes shall comply with the
requirements in subsection D.
(2) By deleting the words "conform with setback requirements specified for
accessory buildings and structures" and replacing them with the following: "be set back
a minimum of five feet (5) from the lot line" in subparagraph 2 of paragraph B "Ground
Mounted Antenna Towers or Dishes:"
(3) By deleting the words "amateur radio transmitting" in subparagraph (1) of
B3(a).
(4) By deleting subparagraph 4 "Diameter" in its entirety and replacing with
the following new subparagraph 4 which shall be and read as follows:
4. Diameter
a. Residential Zoning Districts
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(1) Ground mounted dish antennas shall not exceed ten (10')
in diameter.
b. Nonresidential Zoning Districts
(1) Ground mounted dish antennas in nonresidential zoning
districts shall not exceed fifteen feet (15) in diameter.
(5) By deleting the words "one meter (1 m)" and replacing it with "three feet
(3) in paragraph C5.
(6) By adding a new paragraph D entitled "Amateur Radio Antennas" which
shall be and read as follows:
D. Amateur Radio Antennas
Ground mounted antennas:
a. Antenna towers shall not be located in any required yard
except for rear yards and shall be set back a minimum of fifteen feet (15')
from any lot line.
b. Ground mounted antenna towers shall not exceed a
maximum height of seventy feet (70'), including any accompanying base
or support structures and shall be measured from finished grade to the
highest point of the antenna.
C. Ground mounted dish antennas shall not exceed fifteen
feet (15') in height and ten feet (10') in diameter, including any
accompanying base or support structures and shall be measured from
base grade to the highest point of the antenna.
2. Roof mounted antennas for amateur radio use shall comply with
the following:
a. Antenna towers shall not project more than ten feet (10')
above the maximum height of the residential building upon which they are
located. Antenna towers located on the roof of educational, religious, or
municipal buildings shall not project more than fifteen feet (15') above the
maximum height of the primary or accessory building upon which they are
located.
b. Dish antennas shall not project higher than the maximum
height allowed for the building upon which they are located.
(1) Roof mounted dish antennas located on residential
buildings shall not exceed three feet (3) in diameter.
(2) Roof mounted dish antennas located on
educational, religious, or municipal buildings shall not exceed ten
feet (10') in diameter.
C. Roof mounted antenna towers or dish antennas for
amateur radio use shall be located on the principal building to which they
are an accessory and are subject to structural approval.
SECTION 4: Section 14.306, "Accessory Structures" of Article III, General
Provisions of Chapter 14 of the Mount Prospect Village Code shall be amended as
follows:
(1) Subparagraph A(4) shall be amended by adding the following sentence at
the end of the existing language:
Pergola support columns shall be located no closer to the principal
building than three feet (3').
(2) Subparagraph A(6) shall be amended by adding the following sentence at
the end of the existing language:
The storage of household items, equipment to maintain the property and
small recreational equipment is permitted.
(3) Subparagraph A(7) shall be amended by adding the following sentence at
the end of the existing language:
Pergolas shall be exempt from this requirement.
(4) Subparagraph (b) to paragraph B(1) shall be amended to add the word
"pergola" between the words "gazebo," and "greenhouse, ".
(5) The second to last sentence in paragraph B(2) shall be deleted and
replaced with the following sentence:
No accessory structure shall be placed on any right of way or village utility
or easement without prior consent from the director of community
development.
(6) The second sentence in paragraph C(2) shall be deleted and replaced
with the following sentence:
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No accessory structure shall be placed on any right of way or village utility
or easement without prior consent from the director of community
development.
(7) A new subparagraph (7) shall be added to paragraph D which shall be
and read as follows:
7. Donation Boxes: The following restrictions shall apply to all
donation boxes located within the Village:
a. No more than one (1) donation box shall be located on any
lot.
b. A donation box shall not exceed six and one -half (6.5) feet
in height. The box footprint shall be no greater than twenty -five (25)
square feet.
C. Location Requirements. The following location
requirements shall apply to all donation boxes.
(1) Donation boxes are permitted as an accessory use
to an institutional or non - profit use only.
(2) Donation boxes shall not be located in a required
parking space.
(3) Donation boxes shall not be located in a required
front yard, required side yard or exterior side yard and shall be
located to minimize visual impact when viewed from a street.
d. Maintenance Requirements. Donation boxes shall be
maintained in good condition with no structural damage, holes, rust or
graffiti. All boxes shall be emptied and serviced regularly to prevent
overflow of collections and be kept free of debris.
e. Signage. The name, address and phone number of the
donation box operator shall be posted on the box. Information shall be
provided on the box as to whether the operator is a for - profit or not -for-
profit organization. Total signage on the donation box shall not exceed
five (5) square feet or as approved by the director of community
development.
(8) Subparagraph (1) to paragraph E shall be amended by adding the
following at the end of the sentence:
that are neither larger than eight feet (8') in width and five feet (5') in
depth, excluding steps.
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(9) Subparagraph (3) to paragraph E shall be deleted in its entirety and
replaced with the following new subparagraph (3) which shall be and read as follows:
3. Patios, balconies, wood decks, swimming pools, boat slips and
handicap ramps may encroach in the required rear yard. Such structures shall
have a minimum setback of fifteen feet (16) between the rear property line and
the near edge of the structure if the rear yard is adjacent to another lot. No
setback shall be required if the rear yard is adjacent to a publicly navigable
waterway. Handicap ramps may encroach into fifty percent (50 %) of a required
side yard. No structure shall be located over or upon a right of way or a village
utility or an easement without prior consent from the director of community
development.
(10) Subparagraph (6) to paragraph E shall be deleted in its entirety and
replaced with the following new subparagraph (6) which shall be and read as follows:
6. Central air conditioning units, generators and similar mechanical
equipment shall be located on the rear elevation of any principal structure. If the
units cannot be reasonably placed on the rear elevation because of operational
reasons, such unit may be placed in up to twenty five percent (25 %) of a required
side yard, provided such location does not result in exhaust discharge upon any
adjoining building or vegetation. Documentation verifying that the units cannot be
located at the rear of the structure shall be submitted by the installer and
approved by the director of community development. A screening plan which
includes fencing or landscaping must be submitted with the permit and approved
by the director of community development.
SECTION 5: Section 14.313, "Regulations for Personal Wireless
Telecommunications Facilities" of Article III, General Provisions of Chapter 14 of the
Mount Prospect Village Code shall be amended by deleting the definition for Unlicensed
Wireless Services and adding two new definitions to paragraph P "Definitions" which
new definitions shall be inserted in alphabetical order and shall be and read as follows:
AMATEUR RADIO: The use of designated radio frequencies for purposes of
private, non - commercial communication. "Amateur" includes persons with a
recreational interest in radio technique solely with personal aim and without direct
pecuniary interest, and shall not include commercial broadcasting, public safety
communication, or professional two -way radio services. Also known as "Ham
radio ".
UNLICENSED WIRELESS SERVICES: Commercial mobile services that can
operate on public domain frequencies and, therefore, need no federal
communications commission (FCC) license for each cell site.
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SECTION 6: Section 14.314, "Outdoor Lighting Regulations" of Article III,
General Provisions of Chapter 14 of the Mount Prospect Village Code shall be amended
as follows:
(1) Paragraph B shall be amended by deleting the word "must" and replacing
it with the word "shall"
(2) A new subparagraph (6) shall be added to paragraph B which shall be
and read as follows:
6. The requirements of this subsection shall not apply to architectural
fagade lighting installed in accordance with Section 14.314(1) "Architectural
Lighting Of Building Facades."
(3) Paragraph C shall be deleted in its entirety and replaced with the
following new paragraph C which shall be and read as follows:
C. Light Intensity Levels At Lot Lines: All illumination level readings
shall be taken at ground level no more than six (6) inches above grade and shall
be subject to the following maximum foot - candles at the lot line.
Location
Maximum Foot - Candles at Lot Line
Residential to Residential
0.5
Nonresidential to Nonresidential
0.5
Nonresidential to Residential
0.5
Nonresidential Lot Line Abutting an Arterial
Right of Wa
1.0
Lot lines with vehicle cross access to
adjacent properties, commercial and
industrial uses onl
2.0
1. The requirements of this subsection shall not apply to lot
lines within the B5 and 135C zoning districts that directly abut another
property in the B -5 or B -5C district.
(4) Paragraph D shall be amended by adding the words "Commercial and
industrial" before "Canopy lighting" in the chart.
(5) Paragraph F shall be amended by deleting the words ", as recommended
in the 'Illuminating Engineering Society of North America's Lighting Handbook',"
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(6) Paragraph H shall be deleted in its entirety and paragraphs I and J shall
be re- lettered as paragraphs H and I.
SECTION 7: Section 14.503, "Procedures for Planned Unit Developments" of
Article V, Planned Unit Development of Chapter 14 of the Mount Prospect Village Code
shall be amended by deleting Section 14.503 in its entirety and adding a new Section
14.503 in lieu thereof to be and read as follows:
14.503: PROCEDURES FOR PLANNED UNIT DEVELOPMENTS:
Review and approval of a planned unit development may be performed in the following
stages:
A. Review of a conceptual plan.
B. Review and approval of a Preliminary Plan.
C. Review and approval of a Final Plan.
Specific procedure and submission requirements for planned unit developments are
provided in the zoning application available in the community development department.
In addition to the formal submittal requirements set forth in the zoning application, the
following shall be required to qualify a planned unit development for consideration by the
Village Board.
A. Conceptual Plan:
Prior to filing a formal application for approval of a planned unit development, the
applicant shall present to the village staff a general concept of the proposed
development and begin a discussion regarding the various characteristics of the
development concept.
1. Conceptual Planned Unit Development submittal requirements:
a. A written letter of intent from the petitioner describing the concept
for developing the site.
b. Proof of ownership or other right to develop the property. The
Director's determination of sufficiency of right to develop shall be final.
C. Current Plat of Survey of the subject property.
d. A Topographic Survey and location map.
e. Conceptual plans describing proposed land use, type and density
of structures, street and lot arrangement, building floor area, and tentative lot
sizes.
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f. Other material the director of community development may deem
appropriate.
2. Review of conceptual plan: Village Staff will review and provide
comments of the conceptual planned unit development. The applicant may then request
a conference with the director of community development and other village staff to
discuss the review comments on the conceptual planned unit development.
B. Preliminary Plan:
1. Filing of Application: An application for a preliminary planned unit
development shall be filed with the director of community development.
2. Preliminary Plan submittal requirements:
a. Proof of ownership or other right to develop the property. The
Director's determination of sufficiency of right to develop shall be final.
b. A written letter of intent from the petitioner describing the planned
unit development.
C. A current Plat of Survey showing the existing conditions of the
subject property, including:
(1) Boundary lines: Bearings and distances.
(2) Easements: Location, width, and purpose (including fire
lanes).
(3) Streets on, and adjacent to, the tract: Street name, right of
way width, existing or proposed center line elevations, pavement type,
walks, curbs, gutters, culverts, etc.
d. Utility Plans showing the location and size of existing sewers,
water mains, culverts or other underground facilities within the tract out to a
distance of one hundred feet (100') beyond the tract. This shall also indicate such
data as grades, invert elevations, and location of catch basins, manholes, and
hydrants.
e. A Topographic Survey and location map, including:
(1) Existing contours at vertical intervals of not more than one
foot (1'); water courses, floodplains, marshes, rock outcrops, trees of
twelve inches (12 ") diameter or more, other significant features, and soil
bearing data at locations and depths as may be required by the
department of public works and engineering.
Zoning information for the subject property, and adjacent property.
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g. A Master Plan including such designations as proposed streets
(public and private), all buildings and their use, common open space, recreation
facilities, parking areas, service areas, other facilities to indicate the character of
the proposed development. This shall include:
(1) Layout, numbers, and typical dimensions of lots for
subdivisions and /or (building locations) to the nearest foot; and the
proposed land use for each lot, parcel or tract.
(2) Proposed building setback lines, indicating dimensions.
(3) Areas other than street rights of way intended to be
dedicated or reserved for public use and the approximate area in acres of
each such area.
h. A Site Plan including the exterior and interior roadways and
streets, walkways, fire lanes, parking lots, including accessible parking stalls,
areas reserved for landscaping and screening, all proposed building and
structures, freestanding signs, outdoor lighting, trash storage areas and loading
areas. The Plan shall indicate rights of way and pavement widths, street names
(not duplicating the name of any street used in the village, unless the street is an
extension of an already named street, in which event that name shall be used)
and showing proposed through streets extended to boundaries of the
development.
i. Preliminary Engineering Pans indicating proposed storm water
sewer lines, sanitary sewer lines, water mains and storm water detention or
retention facilities. This shall include topographic data including proposed
contours and areas to be provided for storm water detention, detention
calculations, and flood plain compensatory storage.
j. Preliminary Architectural Plans indicating the style and building
materials of the planned unit development. Shall include building elevations, floor
plans, building and wall sections.
k. Preliminary Landscape Plan indicating the location and description
of planting materials.
I. Preliminary Lighting information, including a photometric plan,
fixture cut sheets and light pole details.
M. A development schedule indicating date and phases in which the
project will be built with emphasis on area, density, use, and public facilities such
as open space. This shall include the following:
(1) Approximate starting date of construction.
(2) The number of construction phases and the starting date
of each phase.
(3) The completion date of each phase.
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n. A draft of all proposed bylaws, covenants, easements,
maintenance and other agreements, wherever applicable.
o. Impact assessments as may be required by the department of
community development in order to adequately evaluate the effect of the
proposed development on the environment, the existing community facilities, and
the existing and proposed land uses surrounding the development.
P. An identification and explanation of those aspects of the planned
unit development that vary from the requirements of the otherwise applicable
zoning district, as well as variations from the development code.
q. Other material the director of community development may deem
appropriate.
3. Review of a preliminary planned unit development plan:
a. The director shall, upon receiving a complete application for a
preliminary planned unit development, forward the application, along with
required supporting documentation, to the planning and zoning commission for
review and recommendation.
b. The planning and zoning commission shall convene a public
hearing as provided in subsection 14.203 of this chapter.
C. Following the public hearing and review of the preliminary planned
unit development and supporting data, the planning and zoning commission shall
send its findings and recommendations to the village board which shall, within
sixty (60) days, approve, approve with modifications, or disapprove the plan or
return it to the planning and zoning commission for further consideration.
d. Approval of a preliminary planned unit development plan shall not
constitute approval of the final plan, rather it shall be deemed an expression of
approval of the layout submitted on the preliminary plan as a guide to the
preparation of the final plan or plans.
e. Upon approval of the preliminary plan by the village board, an
ordinance shall be prepared, including the recommendation and conditions of
approval of the Planning and Zoning Commission. The ordinance shall be filed in
the office of the village clerk, and recorded with the recorder of deeds of Cook
County.
C. Final Plan:
1. Filing of Application: An application for a final planned unit development
plan shall be filed with the director of community development. The final plan shall be in
compliance with the approved preliminary plan, and submitted no more than one year
after approval of the preliminary plan. The preliminary and final plans may be submitted
simultaneously if all requirements of this article are met. A Petitioner intending to
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combine the preliminary and final plan hearings must make such request at the time of
filing the application.
2. Final Planned Unit Development Plan submittal requirements:
a. Final documentation of all the information required for the
Preliminary Planned Unit Development.
b. A final planned unit development plan that is suitable for recording
with the county recorder of deeds.
C. An accurate legal description of the entire area under immediate
development within the planned unit development.
d. If subdivided lands are included in the planned unit development,
a subdivision plat meeting all the requirements of the development code.
e. An accurate legal description of each separate use area, including
common open space.
f. Designation of the exact location of all buildings to be constructed,
and a designation of the specific internal uses of each building.
g. Certificates, seals, and signatures required for the dedication of
land and recording of the document.
h. Tabulations on each separate use area, including land area,
number of buildings, number of dwelling units per acre.
i. Common Open Space Documents: All common open space, at
the election of the village, shall be:
(1) Conveyed to a municipal or public corporation, or
conveyed to a not for profit corporation or entity established for the
purpose of benefiting the owners and residents of the planned unit
development or adjoining property owners or any one or more of them; or
(2) Guaranteed by a restrictive covenant describing the open
space and maintenance improvement, the covenant shall run with the
land for the benefit of residents of the planned unit development and /or
adjoining property owners.
j. Maintenance: The use, maintenance and continued protection of
the planned unit development shall be governed by, in order of primacy:
(1) The planned unit development ordinance;
(2) The Village Code;
(3) Declarations and covenants of the property owners; and
17
(4) The application submittals not included in the planned unit
development ordinance.
The Village may require a surety bond in its favor, in the amount of the estimated
cost of the installation and maintenance of such proposed site improvements as
pools, fountains, landscaping, and other features. (Ord. 4590, 9 -21 -1993; amd.
Ord. 5219, 11 -6 -2001; Ord. 5751, 8 -4 -2009)
3. Review of a final planned unit development plan:
a. The director shall, upon receiving a complete application for a final
planned unit development, shall forward the application, along with required
supporting documentation, to the planning and zoning commission for their
review and recommendation to the village board.
b. Public Hearing: The planning and zoning commission shall
convene a public hearing as provided for in subsection 14.203 of this chapter.
C. Village Board Decision: Following the public hearing and review of
the final planned unit development and supporting data, the planning and zoning
commission shall send its findings and recommendations to the village board
which shall, within sixty (60) days, approve, approve with modifications,
disapprove the plan, or return it to the planning and zoning commission for
further consideration.
d. Approval: Upon approval of the final plan by the village board, an
ordinance shall be prepared, including the recommendation of the Planning and
Zoning Commission, and conditions of approval. The ordinance shall be filed with
the office of the village clerk, and recorded with the recorder of deeds of Cook
County.
SECTION 8: Section 14.504, "Standards for Planned Unit Developments" of
Article V, Planned Unit Development of Chapter 14 of the Mount Prospect Village Code
shall be amended as follows:
(1) By adding the words "planned unit' in paragraph A(1) between the words
"final" and "development'.
(2) By deleting the words "fifty percent (50 %)" and replacing it with the words
"forty percent (40 %)" in paragraph D.
(3) By deleting subparagraph 1(d) of paragraph D in its entirety and inserting
the new subparagraph 1(d) to be and read as follows:
d. Natural water features, wetlands and conservation area;
18
(4) By adding a new subparagraph 1(e) of paragraph D and re- letter the
following two paragraphs accordingly. The new subparagraph 1(e) shall be and read as
follows:
e. Stormwater management areas, such as retention /detention
ponds which are accessible to occupants via nature trails, boardwalks and /or
walkways. Such stormwater management areas shall be designed as natural
water features and landscaped to meet the village's landscape requirements
specified in section 14.2304.
(5) By deleting subparagraph 1(g) of paragraph D in its entirety and re-
lettering and inserting the following new language in lieu thereof:
h. Other recreation spaces requiring permanent structures on the
property other than principal buildings. May include but are not limited to
gazebos, pergolas and patios.
(6) By deleting subparagraph 3 of paragraph D in its entirety and re-
numbering the remaining paragraphs accordingly.
(7) By deleting subparagraphs (a), (b) and (c) of paragraph D(5) and
inserting in lieu thereof, the following:
4. Buffer open space:
a. Buffer yard areas around the perimeter of adjoining
properties.
b. Interior and perimeter parking lot open space.
SECTION 9: Section 14.604, "Land Use Table 2 Commercial and Industrial
Zoning Districts" of Article VI, Zoning Districts of Chapter 14 of the Mount Prospect
Village Code shall be amended by deleting Section 14.604 in its entirety and inserting a
new Section 14.604 to be and read as follows:
14.604: LAND USE TABLE 2
COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
KEY: P - Permitted; C - Conditional Use
If a space is blank, use is not permitted in zoning district
ILI
Business Type
B1
B2
B3
B4
B5
B5C
O/R
11
13
Accessory Structures
P
P
P
P
P
P
P
P
P
Accessory Uses (10% retail of
p ermitted uses
P
Amusement est.
C
C
Amusement est. indoor only
C
P
C
C
Animal daycare center and kennels
C
C
C
C
Animal hospital and veterinary clinics
C
C
C
C
Antique shops
P
P
P
P
Archery ranges, shooting galleries
C
C
Art and school supply stores
P
P
P
P
Art and woodcraft studios
P
P
P
P
Art shops or galleries (not auction
rooms
P
P
P
P
Art, sculptor, and composer studios
P
P
P
P
Automobile accessory stores
P
P
P
P
Automobile garages
P
C
C
C
Autom obile leasing /rental agencies
P
P
P
Automobile maintenance and service
center
C
P
C
C
C
Automo fueling stations
C
P
C
C
C
Automobile sales, new or used (with
over 2 acres)
C
P
C
C
Automobile sales, new or used (with
2 acres or less)
C
Bakeries
P
P
P
P
P
P
Banks and financial institutions
C
P
P
P
P
P
Banquet Halls
P
P
Barber and beauty shops
P
P
P
P
P
Bicycle sales, rental and repair
P
P
P
P
Billiard and pool halls
C
C
C
C
Boat showroom, sales and repair
C
Bowling alleys
P
P
P
P
Business machine sales
P
P
P
P
Camera and photo supply stores, film
developing
P
P
P
P
Candy and ice cream stores
P
P
P
P
P
Car wash
C
P
C
C
C
Carpet and rug stores, retail sales
P
P
P
P
Cartage and express facilities
C
Catering services
C
C
C
Children's recreation centers
P
P
P
P
China and glassware stores
P
P
P
P
Clothing and apparel reta stores
P
P
P
P
P
20
Clothing and costume rental stores
P
P
P
P
Clubs and lodges
C
P
P
P
P
Coin and philatelic stores
P
P
P
P
P
Colleges and Universities
C
C
C
C
Commercial greenhouses and
nurseries
P
Compost collection facility
C
C
Computer offices and facilities
P
P
P
P
P
P
P
Computer sales, service and
accessories
P
P
P
P
Concrete fabrication
C
Contractors' architects' and
engineers' offices
P
P
P
P
P
P
Contractors' architects' and
engineers' storage yards
C
Contractors showrooms
P
P
P
P
Convenience stores
P
P
P
P
P
Convention and exhibition halls
C
C
Cosmetology Schools
P
P
P
P
C
Dairy products, retail sales
P
P
P
P
Dance and music academies /studios
P
P
P
P
P
P
Day care centers
C
C
C
C
C
C
C
Department stores
P
P
P
P
Drive - through and drive -in
establishment
C
C
C
C
Driving schools
C
P
P
P
P
Drugstore / Pharmacy
P
P
P
P
P
Dry - cleaning and laundry
establishment
P
P
P
P
P
Dry- cleaning plants
P
Dwelling units on ground floor
C
C
Dwelling units, located above the first
floor
C
P
P
Exterminating services
P
Floor Covering Store
P
P
P
P
Florist
P
P
P
P
P
Food store, grocery store, meat
market and delicatessen
P
P
P
P
P
Funeral homes
C
C
C
Furniture store
P
P
P
P
Furrier shops
P
P
P
P
Gift shop
P
P
P
P
P
Hardware store
P
P
P
P
P
Health services, clubs, recreation
centers, or gymnasiums
P
P
P
P
21
Hearing aid stores
P
P
P
P
Heliports
C
C
Home improvement center (no
outdoor storage
P
P
P
P
Home improvement center with
outdoor storage
C
C
Hospitals
C
Hotels and Motels
C
C
P
P
P
Household electrical appliance stores
P
P
P
P
Interior decorating shops
P
P
P
P
Jewelry stores
P
P
P
P
Lamp and lighting fixture stores
P
P
P
P
Laundries
P
Laundromat, automatic, self - service
onl
P
P
P
P
P
Lawn and garden equipment and
suppl
P
P
P
P
Leather goods and luggage stores
P
P
P
P
Libraries
P
P
P
P
P
Light assembly & repair
P
P
Liquor stores, packaged goods
P
P
P
P
Locksmith shop
P
P
P
P
Machinery sales
C
Mail order houses
P
Mail order, catalog stores
P
P
P
P
Manufacturing, Heavy
C
Manufacturing, Light
P
Martial arts school
P
P
P
P
Massage establishments
P
P
P
P
Medical or dental offices
P
P
P
P
P
P
Motorcycle, snowmobile, or personal
watercraft sales
C
Municipal buildings
P
P
P
P
C
P
Museums
P
P
P
P
P
Music stores
P
P
P
P
Musical instrument sales and repair
P
P
P
P
Office machine sales and servicing
P
P
P
P
Office supply stores
P
P
P
P
Offices, business and professional
P
P
j P
P
P
P
P
P
Optical, orthopedic and medical
appliance sales
P
P
P
P
Outside display and sales
C
C
Outside service areas
C
C
Paint and wallpaper stores
P
P
P
P
22
Parking lots, other than accessory
p arkin g
C
C
P
C
C
P
Party supply stores
P
P
P
P
Pet shops and grooming
establishments
P
P
P
P
Petroleum tank farm & related
accessory uses
C
Photo developing and image transfer
P
P
P
P
Photography studios
P
P
P I
P
Picture framing
P
P
P
P
Planned Unit Developments
C
C
C
C
C
C
C
C
C
Plastics Processing
C
Post office
P
P
P
P
Printing and duplicating
P
P
P
P
Printing and publishing
establishments
P
Public utility and service uses
C
C
C
C
P
Public Works and Park District
storage yards and related facilities
P
Radio and television stations, studios
and towers
C
P
C
C
P
Recycling collection centers
C
P
Religious Institutions
C
Repair, rental and servicing of any
article of which is permitted use in
the district
P
P
P
P
Research laboratories and testing
facilities
P
P
Restaurants, including entertainment
and dancing
P
P
P
P
C
Restaurants
P
P
P
P
P
C
C
Secondhand stores and rummage
shops
P
P
P
P
Shoe stores
P
P
P
P
Sport goods stores
P
P
P
P
Sports training and teaching
establishments
C
C
C
Stadiums, auditoriums and arenas
C
C
Tailor shops
P
P
P
P
P
Tanning salon
P
P
P
P
P
Taverns and cocktail lounges
P
P
P
P
Taxi dispatch centers
C
C
P
Theaters, drive in
C
Theaters
P
P
P
P
Ticket agencies
P
P
P
P
23
Tobacco shops
P
P
P
P
Towing agencies
P
Toy shops
P
P
P
P
Trade or vocational schools
(excluding cosmetology)
P
C
Trailer and camper sales and rental
C
Transfer stations for refuse disposal
C
P
Travel agencies
P
P
P
P
P
Truck sales, rental and repair
C
Tutoring center
P
P
P
P
Warehouse, distribution & storage
facilities
P
P
Watchman's quarters
P
P
P
P
P
Wholesale establishment
P
P
Wireless service
P
P
P
I P
P
P
P
P
P
SECTION 10: Section 14.2211, "Accessible Parking Requirements" of Article
XXII, Off Street Parking and Loading of Chapter 14 of the Mount Prospect Village Code
shall be amended by deleting Section 14.2211 in its entirety and inserting a new Section
14.2211 to be and read as follows:
14.2211: ACCESSIBLE PARKING REQUIREMENTS:
Accessible parking spaces shall be provided in compliance with the Illinois Accessibility
Code, as amended from time to time, and all additional governing codes and applicable
laws:
A. Size: Each accessible parking stall shall measure sixteen feet (16') wide,
consisting of an eight foot (8') wide parking space and an adjacent eight foot (8') wide
diagonally striped access aisle. Adjacent accessible parking spaces cannot share
access aisles. The standard length of accessible parking stalls shall be the same as all
other parking stalls.
B. Number: All parking lots required by this chapter shall provide the following
number of accessible parking stalls:
TABLE 1
Total Number Of Total Minimum
Parking Spaces Number Of
Provided Accessible
Parking Spaces
24
C. Access: The required access aisle must have a smooth transition with adjacent
walk surfaces, either by joining at a common level or by use of a curb ramp, and be
located on the shortest accessible route of travel to an accessible facility entrance.
D. Markings: A high quality yellow paint recommended by the paint manufacturer for
pavement shall be used.
E. Signage: Each accessible parking space shall be equipped with a sign which
complies with the Illinois Accessibility Code. Signs shall be vertically mounted on a post
or a wall at front center of the parking space, no more than five feet (5) horizontally from
the front of the parking space, and set four feet (4') from finished grade of the parking
space to the bottom of the sign. (Ord. 5265, 8 -6 -2002)
SECTION 11: Section 14.2215, "Driveways" of Article XXII, Off Street Parking
and Loading of Chapter 14 of the Mount Prospect Village Code shall be amended as
follows:
(1) By deleting paragraph A(3) in its entirety and inserting a new paragraph
A(3) to be and read as follows:
3. Width: Driveway width shall be calculated by including all abutting parallel
sidewalks and patios when located within a required front yard. When located elsewhere
on a property, driveway width shall be calculated by including all abutting parallel
sidewalks and patios that are constructed of the same material and color as that of the
driveway. Such abutting parallel sidewalks and patios constructed of the same material
and color as that of the driveway shall be considered part of the driveway and subject to
all applicable regulations regarding the design and use of driveways within this code. If
abutting parallel sidewalks and patios are constructed of different materials or of the
same material but a different color than that of the driveway, they shall not be included in
calculating driveway width, but shall be considered sidewalks and patios and be subject
to all applicable sidewalk and patio regulations within this code.
25
( Required
1
25
1
26
50
2
51
75
3
76
100
4
101
150
5
151
200
6
201
300
7
301
400
8
401
500
9
501
_ 1,000
2 percent total parking
rovided
1,001 and over
20 plus 1 for each 100
over 1, 000
C. Access: The required access aisle must have a smooth transition with adjacent
walk surfaces, either by joining at a common level or by use of a curb ramp, and be
located on the shortest accessible route of travel to an accessible facility entrance.
D. Markings: A high quality yellow paint recommended by the paint manufacturer for
pavement shall be used.
E. Signage: Each accessible parking space shall be equipped with a sign which
complies with the Illinois Accessibility Code. Signs shall be vertically mounted on a post
or a wall at front center of the parking space, no more than five feet (5) horizontally from
the front of the parking space, and set four feet (4') from finished grade of the parking
space to the bottom of the sign. (Ord. 5265, 8 -6 -2002)
SECTION 11: Section 14.2215, "Driveways" of Article XXII, Off Street Parking
and Loading of Chapter 14 of the Mount Prospect Village Code shall be amended as
follows:
(1) By deleting paragraph A(3) in its entirety and inserting a new paragraph
A(3) to be and read as follows:
3. Width: Driveway width shall be calculated by including all abutting parallel
sidewalks and patios when located within a required front yard. When located elsewhere
on a property, driveway width shall be calculated by including all abutting parallel
sidewalks and patios that are constructed of the same material and color as that of the
driveway. Such abutting parallel sidewalks and patios constructed of the same material
and color as that of the driveway shall be considered part of the driveway and subject to
all applicable regulations regarding the design and use of driveways within this code. If
abutting parallel sidewalks and patios are constructed of different materials or of the
same material but a different color than that of the driveway, they shall not be included in
calculating driveway width, but shall be considered sidewalks and patios and be subject
to all applicable sidewalk and patio regulations within this code.
25
All driveways shall be unobstructed from any encroachment such as chimneys,
fireplaces, and bay windows. Driveways may be installed and maintained as follows:
(2) By adding a new subparagraph (d) to A(3) and re- lettering the
subsequent subparagraphs accordingly:
d. If a driveway is located within a required front or exterior side yard
and serves a detached garage or a parking pad, no portion of the driveway edge
that is on the interior of the lot (as opposed to the edge of the driveway closest to
the perimeter lot line) may extend more than three feet (3') beyond the edge of
the principal structure.
SECTION 12: Section 14.2219, "Parking Lot Lighting" of Article XXII, Off Street
Parking and Loading of Chapter 14 of the Mount Prospect Village Code shall be
amended by deleting Section 14.2219 in its entirety and inserting a new Section 14.2219
to be and read as follows:
14.2219: PARKING LOT LIGHTING:
In addition to the requirements set forth below, all parking lot lighting shall comply with
the outdoor lighting regulations included in section 14.314 of this chapter. All parking lots
with more than four (4) spaces shall provide lighting. Artificial lighting used to illuminate
any parking lot and drive aisles immediately accessing parking stalls shall comply with
the regulations as set forth in this section.
A. General Requirements:
Pole Height And Material:
a. The total height of light fixtures, including the pole, pole support,
fixture and related equipment, shall be limited to the district height limit or a
maximum of thirty feet (30'), whichever is less.
b. Light poles shall be constructed of metal, or other material
acceptable to the village engineer. Wood poles are prohibited.
2. Glare Onto Adjacent Properties Prohibited: Lighting used to illuminate off
street parking areas and drive aisles immediately accessing parking stalls shall be
directed away from adjacent properties and rights of way in such a way as to not create
a nuisance. The following illumination standards shall be:
a. Light intensity at a lot line abutting a residential property shall not
exceed 0.1 foot - candle.
b. Light intensity at a lot line abutting a nonresidential property or
right of way shall not exceed 0.5 foot - candle.
C. The maximum light intensity at the lot line for commercial or
industrial uses abutting an arterial street (defined in Chapter 18 of the Village
Code) right of way shall not exceed 1 foot - candle.
d. The maximum light intensity at the lot line for commercial or
industrial uses with cross access to abutting commercial or industrial uses shall
not exceed 2 foot - candles
e. The requirements of this subsection shall not apply to lot lines
within the B5 and 135C zoning districts that directly abut another property in the
B5 and B5C district.
3. Protection Of Lighting Fixtures: Light poles in a parking lot shall be
protected from vehicles by curbed landscape islands or curbed landscape diamonds.
4. Illumination Levels And Uniformity: The following criteria for minimum
illumination, maximum illumination, and uniformity shall be met for all parking lots:
Type Of
Minimum Average IES
Maximum Average IES
Uniformity
Development
Illumination Level
Illumination Level
Foot - Candles)
(Foot - Candles
Multi- family
0.1
1.5
4:1
residential
(ave. /min.)
15 :1
max. /min.
Commercial
0.2
2.4
3 :1
(ave. /min.)
12 :1
max. /min.
Industrial
0.2
3.0
4 :1
(ave. /min.)
15 :1
max. /min.
Public,
0.2
2.4
3:1
semipublic,
(ave. /min.)
and
12 :1
institutional
max. /min.
B. Nonconforming Lighting: Any existing parking lot lighting that does not conform to
these regulations shall be made to conform by means of alteration no later than January
1, 2006. (Ord. 5380, 11 -4 -2003)
SECTION 13: Section 14.2224, "Off Street Parking Requirements" of Article
XXII, Off Street Parking and Loading of Chapter 14 of the Mount Prospect Village Code
shall be amended by deleting the "Sit Down Restaurant', "Fast Food Without Drive -In ",
and "Fast Food With Drive -In" Use and Parking Requirements and adding the following
27
new Uses and Parking Requirements under "Commercial, Retail, Services" section of
the table which shall be and read as follows:
Use
Parking Requirements
Restaurants without a bar
12 per 1,000 square feet of floor
Library
area
Restaurant with a bar
12 spaces per 1,000 square feet of
Efficiency and 1
bedroom
floor area plus 1 space for every 3
1 space per unit
seats in the bar area
Restaurant with drive -in
1 1 /2 spaces per unit
12 spaces per 1,000 square feet of
3 bedroom
floor area plus 8 stacking spaces
for the first window and 2 stacking
spaces for each additional window
SECTION 14: Section 14.2224.1, "Central Area Parking Regulations" of Article
XXII, Off Street Parking and Loading of Chapter 14 of the Mount Prospect Village Code
shall be amended by deleting Section 14.2224.1 in its entirety and inserting in lieu
thereof, the following new Section 14.2224.1 which shall be and read as follows:
14.2224.1: CENTRAL AREA PARKING REGULATIONS:
In the B -5 central commercial district and the B -5C Core Central Commercial District, for
the purpose of allowing existing conditions to continue, additional off street parking is not
required at locations where limited parking or no parking is currently provided. Uses
which are similar to those in operation at the time this chapter is adopted are not
required to add additional parking. However, in areas where there is new construction or
major rehabilitation (50 percent or more), or a change in use which warrants additional
parking, spaces shall be provided as follows:
Use
Parking Requirements
Drive -in /drive -up
facility
4 stacking spaces for each window plus those required for the
rinci al use
Library
2 spaces per 1,000 square feet of gross floor area
Multi- family
dwellings:
Efficiency and 1
bedroom
1 space per unit
2 bedroom
1 1 /2 spaces per unit
3 bedroom
2 spaces per unit
28
Office /retail:
4 spaces per 1,000 square feet in excess of 2,500 square feet
of floor area
Office-
5 spaces per 1,000 square feet in excess of 2,500 square feet
medical /dental:
of floor area
Restaurant, sit
4 per 1,000 square feet in excess of 2,500 square feet of floor
down
area
Other uses
Uses not listed in the above schedule of parking requirements
for the B -5 and B -5C zoning districts, parking spaces shall be
p rovided at 50 percent in number as required elsewhere
(Ord. 4590, 9 -21 -1993; amd. Ord. 4709, 3 -7 -1995; Ord. 5034, 7 -20 -1999)
SECTION 15: Section 14.2302, "Landscape Plan Requirement' of Article XXIII,
Landscape Requirements of Chapter 14 of the Mount Prospect Village Code shall be
amended by deleting paragraphs C and D in their entirety and inserting a new paragraph
C to be and read as follows:
C. Any development involving expansion by more than twenty five percent
(25 %) of an existing structure, excluding single - family residences, if constructed
after the effective date hereof.
SECTION 16: Section 14.2303, "Content of Landscape Plan" of Article XXIII,
Landscape Requirements of Chapter 14 of the Mount Prospect Village Code shall be
amended as follows:
(1) By deleting the word "and" at the end of subparagraph (c) of paragraph
C(3).
(2) By adding new subparagraphs (e) and (f) to paragraph C(3) to be and
read as follows:
e. The area in square feet of each parking lot area; and
f. The square feet and percentage of the interior parking lot area
being landscaped.
(3) By deleting subparagraph (a) of paragraph D(2) in its entirety and
inserting in lieu thereof the following new subparagraph (a):
29
a. Irrigation plan, required for commercial, industrial and multi - family
residential projects.
SECTION 17: Section 14.2304, "Design Criteria" of Article XXIII, Landscape
Requirements of Chapter 14 of the Mount Prospect Village Code shall be amended by
deleting Section 14.2304 in its entirety and inserting a new Section 14.2304 in lieu
thereof and shall be and read as follows:
14.2304: DESIGN CRITERIA:
A. Scale And Nature Of Landscape Material: The scale and nature of landscape
material shall be appropriate to the site and structures.
B. Selection Of Plant Material:
1. Characteristics: Planting materials used in conformance with the
provisions of this article shall be:
a. Of good quality of a species normally grown in northeastern
Illinois.
b. Capable of withstanding the extremes of individual site
microclimates.
C. Selected for interest in its structure, texture, and color for its
ultimate growth.
d. Harmonious to the design, and of good appearance.
e. In conformance with the most current version of the "American
Standard For Nursery Stock ", ANSI Z601.
2. Trees: Of the area being landscaped, there shall be at least one tree for
every seven hundred (700) square feet of landscaped area. One - fourth (1/4) of the trees
shall be evergreens a minimum of six feet (6) in height, one - fourth (1/4) ornamental a
minimum of two inch (2 ") caliper or five feet (6) clump form and one -half (1/2) shade
trees a minimum of two and one -half inch (21/2 ") caliper.
3. Shrubs: One shrub shall be planted for every one hundred fifty (150)
square feet of landscaped area. Fifty percent (50 %) of the shrubs shall be deciduous
and fifty percent (50 %) evergreen. For shrubs that mature at less than five feet (6) in
height, minimum installation size shall be two feet (2'). For shrubs that mature taller than
five feet (5') in height, minimum installation size shall be three feet (3').
C. Installation Of Plant Materials: Plant materials of all types and species shall be
installed in accordance with the minimum technical specifications of the village's
"Arboricultural Standards Manual" (see section 9.705 of this code), including the
guarantee and replacement sections. Where overhead power lines exist, only trees that
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have a mature height of 20' or less should be planted underneath. The Director is
hereby authorized to maintain a schedule of prohibited and permissible plant materials to
be duly published, updated and made available to the public.
D. Maintenance Of Plant Materials: The owner of the premises shall be responsible
for the maintenance, repair and replacement of all landscaping materials and barriers,
including refuse disposal areas, walls, fences, etc., as may be required by the village.
When any existing landscaping materials are removed from a non single - family
residential property, the removed materials must be replaced in similar kind and quantity.
A means of irrigating plant material shall be provided.
E. Planting Beds: Planting beds shall be mulched in their entirety with shredded
bark or other similar material.
F. Walls And Fences: Plant materials shall be placed intermittently against long
expanses of building walls, fences and other barriers to create a softening effect.
G. Detention /Retention Basins And Ponds: Detention /retention basins and pond
areas shall be planted. Such plantings shall include shade and ornamental trees,
evergreens, shrubbery, hedges and /or other live planting materials along the perimeter
of the basin or pond. Use of native plant materials is encouraged. Trees shall not consist
of fruit or female ginkgo trees, and shall be planted above the high water level line. The
bottom of the basin /pond shall be planted with sod or hydroseed. Plants must be able to
tolerate wet conditions if planted within the basin.
H. Energy Conservation:
1. Deciduous trees, shrubs and vines should dominate the south and west
sides of buildings and plaza areas to provide shade during the summer and limited
shade during winter.
2. Evergreens and other plant materials should be concentrated on the north
side of buildings in a manner which dissipates the effect of winter winds.
I. Berming: Earthen berms and existing topography shall, wherever practical, be
incorporated into the landscape treatment of a site. Such berms must meet the
requirements specified in chapter 16, article VII of this code.
J. Topography: Where natural, existing topographic patterns contribute to the
beauty and utility of a development, they shall be preserved and developed. Modification
of topography may be allowed where it contributes to the aesthetic quality of the site.
K. Protection Of Plant Material and /or People: In locations where plant material
and /or people will be susceptible to injury, install appropriate curbs, tree guards, or other
devices.
L. Areas Where Plant Material Will Not Prosper: In areas where general planting will
not prosper, other materials (such as fences, walls and pavings of wood, brick, stone,
pea gravel, and cobbles) shall be used. Carefully selected plant material shall be
combined with such materials where possible.
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M. Exterior Landscape Lighting: Exterior landscape lighting, when used, shall
enhance the building design and the adjoining landscape. Lighting standards and
fixtures shall be of a size and design compatible with the building and adjacent areas.
Lighting shall be restrained in design, and excessive brightness and brilliant colors shall
be avoided. Utility services shall be underground and light fixtures and levels shall
comply with the village's lighting requirements (see section 14.314 of this chapter).
N. Amenities: In commercial /industrial areas the following, where appropriate, shall
be provided: seating areas; paved areas; plant enclosures; benches; waste receptacles;
lights; etc.
O. Service Yard Screening: Service yards, loading docks and other places that tend
to be unsightly shall be screened. Screening shall be equally effective at all times of the
year.
P. Innovative Landscaping: Innovative landscaping treatments are encouraged and
shall be considered as a positive attribute in connection with any request for a variation
from the requirements of this code. (Ord. 5751, 8 -4 -2009)
SECTION 18: Section 14.2306, "Parking Lot Landscaping" of Article XXIII,
Landscape Requirements of Chapter 14 of the Mount Prospect Village Code shall be
amended as follows:
(1) By adding a new sentence at the end of subparagraph (b) of paragraph
B(3) and shall read as follows:
Live coverage shall consist of a mixture of planting material, including
evergreens, shrubs and perennials.
(2) By adding a new subparagraph (2) and renumbering the current (2) to (3)
of paragraph C(1)(a). The new subparagraph (2) shall read as follows:
(2) Shade trees shall be provided at the equivalent of seventy
five feet (75) apart along the abutting property line.
(3) By deleting the last sentence of subparagraph 1 of paragraph D and
inserting a new sentence to read as follows:
Plantings shall be placed in clusters, containing a minimum of seven (7) shrubs
per cluster, spaced at intervals of approximately thirty five feet (35') along the
property line.
(4) By deleting subparagraph 2 in its entirety and inserting new
subparagraphs 2 and 3 of paragraph D to read as follows:
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2. Shade trees shall be provided at the equivalent of seventy five
feet (75') apart along the abutting property line.
3. Except where occupied by planting beds, all landscaping areas
located in front and corner side yards shall be sodded. All interior side and rear
yard perimeter landscaping areas shall be sodded or seeded.
SECTION 19: Section 14.2308, "Perimeter Landscaping" of Article XXIII,
Landscape Requirements of Chapter 14 of the Mount Prospect Village Code shall be
amended by deleting Section 14.2308 in its entirety and inserting in lieu thereof a new
Section 14.2308 which shall be and read as follows:
14.2308: PERIMETER LANDSCAPING:
A. Applicability: All nonresidential and multiple - family developments shall provide
perimeter landscaping in accordance with the provisions of this article. When a parking
lot is located on the perimeter, the requirements of section 14.2306 "Parking Lot
Landscaping ", of this article shall be adhered to.
B. Nonresidential Property Abutting Nonresidential Property: Excluding properties
located within the B -5 or B -5C districts, where nonresidential property abuts property
zoned for nonresidential use landscaping shall be provided as follows:
1. Shade trees shall be provided at the equivalent of seventy five feet (75')
apart along the abutting property line. Such trees may be clustered or spaced linearly as
determined appropriate.
2. Other landscaping materials, including berms, ornamental trees,
evergreens, shrubbery, hedges, and /or other live planting materials shall be provided in
clusters, containing a minimum of seven (7) shrubs per cluster, and spaced at intervals
of approximately thirty five feet (36) along the property line.
3. Except where occupied by planting beds, all perimeter landscaping areas
shall use salt hardy materials and shall be sodded in front and corner side yards. All
interior side and rear yard perimeter landscaping areas shall be sodded or seeded.
C. Nonresidential Property Abutting Residential Property: Where nonresidential
property abuts property zoned for residential use, landscaping shall be provided as
follows:
1. In addition to the required fencing, landscaping shall consist of berms,
trees, evergreens, shrubbery, hedges, and /or other live planting materials. Plantings
shall be placed in clusters, containing a minimum of seven (7) shrubs per cluster,
spaced at intervals of approximately thirty five feet (35') along the property line.
2. Shade trees shall be provided at the equivalent of not more than seventy
five feet (75') apart along the abutting property line. Such trees may be clustered or
spaced linearly as determined appropriate.
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3. Except where occupied by planting beds, all perimeter landscaping areas
shall use salt hardy materials and shall be sodded in front and corner side yards. All
interior side and rear yard perimeter landscaping areas shall be sodded or seeded.
D. Multiple - Family Residential Property: Where multiple - family residential property
abuts other property, landscaping shall be provided as follows:
1. Shade trees shall be provided at the equivalent of not more than seventy
five feet (76) apart along the abutting property line. Such trees shall be spaced linearly.
2. Other landscaping materials, including berms, if possible, ornamental
trees, evergreens, shrubbery, hedges, and /or other live planting materials shall be
provided at intermittent locations across fifty percent (50 %) of the abutting property line.
Shrubs shall be placed in clusters containing a minimum of seven (7) shrubs per cluster,
spaced at intervals of approximately thirty five feet (35') along the abutting property line.
3. Except where occupied by planting beds, all perimeter landscaping areas
shall use salt hardy materials and shall be sodded in front and corner side yards. All
interior side and rear yard perimeter landscaping areas shall be sodded or seeded.
E. Screening Of Refuse Disposal Areas: All refuse disposal areas shall be screened
on all four (4) sides by a solid wood fence or an equivalent screening material to a height
of six feet (6) or height of proposed refuse disposal containers, whichever is greater.
Appropriate landscape materials shall be provided to screen the enclosure.
F. Screening Of Ground Based Utilities: All ground based utility boxes,
transformers, generators, or similar structures under six feet (6) in height shall be
screened from view utilizing evergreen landscaping which will grow to the height of the
ground based utility. Ground based utilities in excess of six feet (6) in height shall be
screened via means of an enclosure which matches materials used on the primary
building on the lot or other material as approved by the Director and appropriate
landscape materials to screen the enclosure. (Ord. 5751, 8 -4 -2009)
SECTION 20: Section 14.2309, "Tree Preservation" of Article XXIII, Landscape
Requirements of Chapter 14 of the Mount Prospect Village Code shall be amended as
follows:
(1) By deleting subparagraphs 1 and 2 of paragraph A in their entirety and
inserting in lieu thereof, the following new subparagraphs 1 and 2 to be and read as
follows:
1. No more than five (5) trees on any property, nor a tree having a
caliper of four inches (4 ") or greater on any proposed development site, shall be
removed without a permit meeting the requirements of this section. This section
does not apply if the tree removal is requested by the village or if the tree is
located on public property. Chapter 9 of this code provides standards for
removal of public property trees.
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by:
2. The application for a tree removal permit shall be accompanied
a. A written statement indicating the reason for removal of the
tree(s).
b. A general description of the tree(s) to be removed.
c. A tree survey of the general area (as determined by the
department of community development) surrounding the tree
(s) to be removed. The tree survey shall consist of trees four
inch (4 ") caliper and above and include a listing of species.
d. Arguments for removal under subsections A3c and Aid of this section shall be
accompanied by a report from a certified arborist if requested by the department of
community development. (2) By adding a new subparagraph 5 to paragraph A
which shall be and read as follows:
5. When removing trees, trees shall be removed in their entirety,
including trunks, stumps and associated debris. Areas where trees were
removed shall be restored to its natural condition. Restoration to natural
condition includes, but is not limited to, deposit of topsoil and grass seed or sod.
(3) By deleting subparagraphs 4, 5 and 6 to paragraph B in their entirety and
inserting in lieu thereof, the following new subparagraphs 4, 5 and 6 to be and read as
follows:
4. In the event that a tree designated for preservation is destroyed or
razed during the construction process, during regular maintenance activities, or
has been removed without prior approval of the Community Development
Director:
(1) Such trees shall be replaced with new trees in accordance
with the following:
Caliper Number Of
(In Inches) Replacement
Trees
30 or greater 6
13 -29 5
4 -12 4
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For the above, in the event of a fraction of an inch, if a fraction is less than one -
half inch 02 "), the lower full number listed above shall be used. If a fraction is
one -half inch 02 ") or greater, the higher number shall be used.
(2) A fee in lieu of installing a replacement tree shall also be
acceptable if providing the number of replacement trees is not feasible on
a specific property. The applicant shall submit a written statement
indicating the reasons for the inability to provide the number of
replacement trees. The written statement shall be accompanied by a
report from a certified arborist if requested by the department of
community development. The director of community development shall
review and decide if replacement trees, a fee in lieu, or combination
thereof is appropriate. A fee in lieu shall be as set forth in appendix A,
divisions II of this code.
5. All replacement trees shall have a minimum caliper of four inches
(4
6. Replacement trees shall be of like kind of trees removed and are
limited to one of the species listed in the schedule of permissible plant materials
maintained by the Director.
SECTION 21: Section 14.2401, "Purpose" of Article XXIV, Definitions of Chapter
14 of the Mount Prospect Village Code shall be amended by adding new or amending
the following definitions which shall be inserted in alphabetical order. The new and /or
amended definitions shall be and read as follows:
AUTOMOBILE FUELING STATION: A business establishment which includes the retail
dispensing or sale of vehicular fuel and incidental convenience goods, having pumps
and storage tanks thereon but no repair services.
BEAUTY SHOP: A business establishment where cosmetology services are provided.
This includes but not limited to hair, nail, and skin care, and other spa services not
including massage therapy.
CANOPY, NONRESIDENTIAL: A permanent hood, awning or rooflike construction,
which may or may not include support columns, which projects from a building wall for
the purpose of providing shelter or protection from the weather.
CANOPY, RESIDENTIAL: A rooflike structure, without walls, screens, or windows, that
projects from the building wall, covering a stoop, and does not exceed the dimensions of
the stoop.
DONATION BOX: A outdoor container or receptacle used for collecting donated
household items such as clothing, shoes, and books.
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FENCEMALL: A freestanding structure resting on or partially buried in the ground and
rising above the ground level, forming a barrier which is not otherwise a part of any
building or other structure and is used to delineate a boundary or as a means of
confinement or privacy.
FENCE, OPEN: A fence, including gates, designed and constructed with at least 50% of
its surface area as open space of uniform distribution, when viewed from a right angle.
FENCE, SOLID: A fence, including gates, designed and constructed with greater than
50% of its surface area as opaque material of uniform distribution, when viewed from a
right angle.
FLOOR AREA: The sum of the gross horizontal area of all floors of a building, including
principal and accessory structures and storage areas as measured from the exterior
walls. Floor area shall exclude:
A. Areas used for storage of building, mechanical and HVAC equipment;
B. Interior loading docks;
C. Basements in single - family dwellings with a ceiling height less than three
(3) feet as measured from the average grade;
D. Attic spaces in single - family dwellings with a ceiling height less than
seven (7) feet; and
E. For the purposes of determining off - street parking requirements for
restaurant uses, floor area shall not include areas devoted primarily for storage,
restrooms, and corridors used solely for accessing these areas.
MANUFACTURING, HEAVY: The assembly, fabrication or processing of goods and
materials using processes that ordinarily have greater than minimal impacts on the
environment, or that ordinarily have significant impacts on the use and enjoyment of
adjacent property in terms of noise, smoke, fumes, visual impact, odors, glare, or health
and safety hazards, or that otherwise do not constitute "light manufacturing." Heavy
manufacturing generally includes processing and fabrication of large or bulky products
made from extracted or raw materials and processes that require extensive floor areas
or land area for the fabrication and /or incidental storage of the products. "Heavy
Manufacturing" shall not include.any use that is otherwise listed specifically in a zoning
district as a permitted or conditional use.
MANUFACTURING, LIGHT: The assembly, fabrication or processing of goods and
materials using processes that do not create noise, smoke, fumes, odors, glare or health
or safety hazards outside of the building or lot where such assembly, fabrication, or
processing takes place, where such processes are housed entirely within a building.
Light manufacturing generally includes processing and fabrication of finished products
predominantly from previously prepared materials and includes processes that do not
require extensive floor areas or land areas. "Light Manufacturing" shall not include any
use that is otherwise listed specifically in a zoning district as a permitted or conditional
use.
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MASSAGE ESTABLISHMENT: Refer to section 11.3901 of this code.
PERGOLA: A freestanding, open- roofed structure that is open to the elements,
consisting of columns supporting girders and cross rafters which vines and other
climbing plants may grow.
PUBLICLY NAVIGABLE WATERS: Refer to section 22.102 of this code.
RETAINING WALL: A freestanding structure designed and constructed to support a
mass of earth or resist lateral earth pressures.
SIGHT TRIANGLE: A triangular area established at the intersection of two (2) streets or
a street and a driveway in which nothing is erected, planted, placed or allowed to grow
so as to limit or obstruct the sight distance of motorists. Such a triangle shall have legs
of ten feet (10') along the rights of way when two (2) streets intersect or when a right of
way and a driveway intersect.
UNIFORMITY RATIO: The average or maximum level of illumination in relation to the
lowest level of illumination for a given area.
SECTION 22: Appendix A, Division II, Fees, Rates and Taxes of the Mount
Prospect Village Code shall be amended by inserting the following under Chapter 14:
Chapter 14: Zoning:
Section 14.2309: Tree Preservation
B.4.2 Fee in lieu of installing a replacement tree: $600 per replacement tree
SECTION 23: That 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: Hoefert, Korn, Matuszak, Polit, Rogers, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 17 day of December, 2013
Arlene A. Juracek,,��`
Mayor
ATTE :
M. LisgWhgelf, Vil a e lerk
91-13