Loading...
HomeMy WebLinkAboutVB Agenda Packet 12/06/2016Next Ordinance No. 6280 Next Resolution No. 40-16 Next VBA 74-16 ORDER OF BUSINESS REGULAR MEETING Meeting Location: 50 S. Emerson Street Mount Prospect, IL 60056 I. CALL TO ORDER II. ROLL CALL Meeting Date and Time: Tuesday, December 6, 2016 7:00 PM Mayor Arlene A. Juracek Trustee Paul Hoefert Trustee Richard Rogers Trustee John Matuszak Trustee Colleen Saccotelli Trustee Steven Polit Trustee Michael Zadel III. PLEDGE OF ALLEGIANCE Trustee Zadel IV. INVOCATION Trustee Matuszak FINAL ACTION MAY BE TAKEN BY THE VILLAGE BOARD ON ANY ITEM LISTED ON THIS AGENDA V. APPROVAL OF MINUTES APPROVE MINUTES OF REGULAR MEETING OF November 15, 2016 VI. MAYOR'S REPORT A. ACCOLADES RESOLUTION: RESOLUTION FOR THE HOLIDAY SEASON 2016 PROCLAMATION: NATIONAL DRUNKAND DRUGGED DRIVING (3D) PREVENTION MONTH Village Board Meeting - December 6, 2016 Pagel of 578 DECEMBER 2016 PRESENTATION: 2016 Fire Prevention Poster Contest Winners PRESENTATION "Fired -Up!" Fire Hydrant Public Art Project Dan Novak from Novak and Parker will present the winner B. 1st reading of AN ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUORS) OF THE VLLAGE CODE OF MOUNT PROSPECT This Ordinance amends Subparagraph (C)(5)(e) of Section 13:204.1 entitled "Descriptions and Restrictions" of Chapter 13, "Alcoholic Liquors," of the Mount Prospect Village code. C. Appointment/Reappointment Planning & Zoning Commission Reappointment: Sharon Otteman Term to expire December 2021 312 S. Emerson Street Economic Development Commission Reappointment: Thomas Lowe Term to expire December 2020 100 N. Waverly Place VII. COMMUNICATIONS AND PETITIONS -CITIZENS TO BE HEARD VIII. CONSENT AGENDA All items listed under Consent Agenda are considered routine by the Village Board and will be enacted by one motion. There will be no separate discussion of those items unless a Board member, or resident from the audience, so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A. List of Bills - November 9, 2016 - November 29, 2016 B. Motion to approve request for Facade and Interior Buildout Grant for Le Peep, 10 E. Northwest Highway, in an amount not to exceed $25,000 C. A RESOLUTION AUTHORIZING THE PAYMENT TO THE MOUNT PROSPECT PUBLIC LIBRARY UNDER THE TERMS OF A GROUND LEASE AGREEMENT This resolution authorizes the 2017 annual lease payment of $1.00 to the Mount Prospect Public Library for property used for the Municipal Parking Garage. D. A RESOLUTION FOR IMPROVEMENTS OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE This resolution appropriates money from the Motor Fuel Tax funds (MFT) for the improvements of streets and highways from January 1, 2017 - December 31, 2017. E. A RESOLUTION FOR THE MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE This resolution appropriates money from Motor Fuel Tax funds (MFT) for the maintenance of streets and highways from January 1, 2017 - December 31, 2017. This resolution is a required step for the expenditures of MFT funds. F. Waive the rule requiring two readings of an ordinance and adopt an ORDINANCE AMENDING CHAPTER 18 ENTITLED "TRAFFIC' OF THE VILLAGE CODE OF Village Board Meeting - December 6, 2016 Page 2 of 578 MOUNT PROSPECT This ordinance amends Section 18.2009C - Schedule IX, "Parking During School Hours," of the Village Code of Mount Prospect. The proposed modification will enhance student safety and slow traffic along Lonnquist Boulevard. The Transportation Safety Commission recommended approval by a vote of 9-0. G. Waive the rule requiring two readings of an ordinance and adoptAN ORDINANCE AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY OWNED BY THE VILLAGE OF MOUNT PROSPECT H. Waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE AMENDING PERMIT PARKING RATES SET FORTH INAPPENDIXA, DIVISION II OF THE VILLAGE CODE OF MOUNT PROSPECT Waive the rule requiring two readings of an ordinance and adoptAN ORDINANCE TO AMEND CHAPTER 17 "VEHICLE LICENSES" AND APPENDIX A, DIVISION I I OF THE VILLAGE CODE OF MOUNT PROSPECT J. Waive the rule requirig two readings of an ordinance and adopt AN ORDINANCE TO AMEND WATER AND SEWER RATES SET FORTH INAPPENDIX A, DIVISION II OF THE VILLAGE CODE IX. OLD BUSINESS X. NEW BUSINESS A. PUBLIC HEARING This public hearing called pursuant to proper legal notice having been published in the Daily Herald on November 28, 2016 for the purpose of presenting the proposed property tax levy for the Village of Mount Prospect for the fiscal year beginning January 1, 2016 and ending December 31, 2016 B. 1st reading of AN ORDINANCE AUTHORIZING THE LEVYAND COLLECTION OF TAXES FOR THE CORPORATE AND MUNICIPAL PURPOSES OF THE VILLAGE OF MOUNT PROSPECT FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 C. 1st reading of AN ORDINANCE AUTHORIZING THE LEVYAND COLLECTION OF TAXES FOR THE MUNICIPAL PURPOSES OF SPECIAL SERVICE AREA NUMBER FIVE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 D. 1 st reading of AN ORDINANCE TO ABATE APART OF THE TAXES LEVIED FOR CORPORATE AND MUNICIPAL PURPOSES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 E. PZ -23-16: CODE AMENDMENTS TO CHAPTERS 5, 7, 9, 14, 15, 16, 21 AND DIVISION I OF THE APPENDIX OF THE VILLAGE CODE 1st reading of AN ORDINANCE AMENDING CHAPTERS 5 "BOARDS AND COMMISSIONS," 7 "SIGN REGULATIONS," 9 "PUBLIC UTILITIES, PAVEMENT AND TREE REGULATIONS," 14 "ZONING', 15 "SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES," 16 "SITE CONSTRUCTION STANDARDS," 21 "BUILDING CODE," 23 "OFFENSES AND MISCELLANEOUS REGULATIONS" AND APPENDIX AOF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS The Planning and Zoning Commission held a public hearing on October 27th and by a vote of 6-0 recommended approval of the ordinance. Village Board Meeting - December 6, 2016 Page 3 of 578 F. A RESOLUTION IN SUPPORT OF WI REFORMERS INC, 500 CARBOY ROAD, MOUNT PROSPECT, IL MAKING APPLICATION FOR AN EXTENSION OF A COOK COUNTY CLASS 6B TAX ABATEMENT This resolution grants approval of a renewal of a Class 6b property tax incentive for Wireformers Inc. for their property located at 500 W. Carboy Road. The renewal would be for an additional 12 years and would enable Wireformers to maintain their operations in Mount Prospect. XI. VILLAGE MANAGER'S REPORT A. Status XII. ANY OTHER BUSINESS XIII. ADJOURNMENT NOTE. ANY INDIVIDUAL WHO WOULD LIKE TO ATTEND THIS MEETING BUT BECAUSE OFA DISABILITY NEEDS SOME ACCOMMODATION TO PARTICIPATE, SHOULD CONTACT THE VILLAGE MANAGERS OFFICEAT 50 SOUTH EMERSON, MOUNT PROSPECT, ILLINOIS 60056, 847/392-6000, EXTENSION 5327 Village Board Meeting - December 6, 2016 Page 4 of 578 Item : next Department: Information: Next Ordinance No. 6280 Next Resolution No. 40-16 Next VBA 74-16 SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: ATTACHMENTS: Description 4.nWatta ,Ihirrne nts A wilillablle Type Upload Date File Name Village Board Meeting - December 6, 2016 Page 5 of 578 Item III. : Department: Trustee Zadel SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: ATTACHMENTS: Description 4.nWatta ,Ihirrne nts A wilillablle Type Upload Date File Name Village Board Meeting - December 6, 2016 Page 6 of 578 Item IV. : Department: Trustee Matuszak SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: ATTACHMENTS: Description 4.nWatta ,Ihirrne nts A wilillablle Type Upload Date File Name Village Board Meeting - December 6, 2016 Page 7 of 578 Item V. : Department: APPROVE MINUTES OF REGULAR MEETING OF November 15, 2016 SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: ATTACHMENTS: Description D 11.15.2016 minutes Type Backup Material Upload Date 12/1/2016 File Name NOV_15doc.pdf Village Board Meeting - December 6, 2016 Page 8 of 578 MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT November 15, 2016 CALL TO ORDER Mayor Arlene Juracek called the meeting to order at 7:02 p.m. :1011Sa_141 Present: Mayor Arlene Juracek Trustee Paul Hoefert Trustee John Matuszak Trustee Richard Rogers Trustee Colleen Saccotelli Trustee Michael Zadel Absent: Trustee Steven Polit* *Trustee Polit joined the meeting via telephone, due to a family emergency, at 8:00pm. PLEDGE OF ALLEGIANCE Pledge of Allegiance led by Trustee Matuszak. INVOCATION Mayor Juracek gave the Invocation. MINUTES Trustee Rogers, seconded by Trustee Hoefert, moved to approve the minutes of the regular Village Board meeting held November 1, 2016. Upon roll call: Ayes: Hoefert, Matuszak, Rogers, Saccotelli, Zadel Nays: None Absent: Polit Motion carried. MAYOR'S REPORT A. ACCOLADES PROCLAMATION: Small Business Saturday— November 26, 2016 Mayor Juracek presented the proclamation to Mount Prospect Chamber of Commerce Executive Director Dawn Fletcher Collins. Ms. Collins accepted on behalf of the Chamber and thanked the Village for infusing a renewed sense of energy into the downtown area. PROCLAMATION: Teddy Bear Walk Week — November 27- December 3, 2016 Mayor Juracek acknowledged this festive tradition in Mount Prospect and encouraged everyone, young and old, to take part in it. Page 1 of 6 Village Board Meeting - December 6, 2016 Page 9 of 578 EMPLOYEE RECOGNITION: Police Department Mike Eterno, Deputy Chief of Operations for the Mount Prospect Police Department recognized staff celebrating their quinquennial anniversaries and presented those in attendance with a plaque or certificate: Maureen Kerrigan — 25 years Mark Weger — 20 years Scott Filipek — 10 years Seth Santi- 10 years On behalf of the Village Board and the community, Mayor Juracek thanked these individuals for their dedicated and outstanding service. B. Sister Cities Annual Report Sister Cities Commission Chairman Bob Usnik presented the commission's 2016 Annual Report. Mr. Usnik highlighted the Commission's events of the past year including the French Market, wine tasting, the Marie Antoinette ball, and the special viewing of the D -Day movie. Mr. Usnik thanked the Mayor for her leadership. Mr. Usnik responded to a question from the Board regarding the German Sister City Subcommittee, stating the Commission continues to search for a city appropriate for Mount Prospect. Mayor Juracek added the financial situation in Europe has made this task difficult but the Committee will continue its' search. COMMUNICATIONS AND PETITIONS — CITIZENS TO BE HEARD Busse Family William Busse and Mark Busse, on behalf of the entire Busse family, presented a check in the amount of $5,000 to the Village to benefit the Centennial Celebration. William Busse stated he is the great grandson of Mount Prospect's first mayor, William Busse and his family is proud to be a part of Mount Prospect's history. Mr. Busse thanked the Board for honoring the Busse family and the other founding families at the Centennial Celebration. The Mayor thanked the Busse family for their generous donation and all of the founding visionaries for their continued commitment to the Village. Louis Goodman 310 School Street Mr. Goodman stated he will hold his comments until the end of the meeting. CONSENT AGENDA Trustee Rogers, seconded by Trustee Hoefert, moved to approve the following business items: 1. Monthly Financial Report — October 2016 2. List of Bills: October 26- November 8, 2016 3. AN ORDINANCE AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY OWNED BY THE VILLAGE OF MOUNT PROSPECT (Ord. No. 6278) 4. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE FOREST RIVER FIRE PROTECTION DISTRICT AND THE VILLAGE OF MOUNT PROSPECT. (Res. No. 37-16) 5. A RESOLUTION APPROVING AN AMENDED INTERGOVERNMENTAL AGREEMENT — AUTOMATIC FIRE MUTAL AID AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE VILLAGE OF ARLINGTON HEIGHTS (Res. No. 38-16) Page 2of6 Village Board Meeting - December 6, 2016 Page 10 of 578 6. A RESOLUTION IN LIEU OF A SURETY BOND IN ORDER TO PERFORM SPECIFIC CONSTRUCTION WORK WITHIN SATE OF ILLINOIS RIGHTS-OF-WAY LOCATED IN THE VILLAGE OF MOUNT PROSPECT (Res. No. 39-16) 7. MOTION TO ACCEPT PROPOSAL FOR STORM SEWER CONDITION ASSESSMENT SERVICES IN AN AMOUNT NOT TO EXCEED $27,000 (VBA 72-16) Upon roll call: Ayes: Hoefert, Matuszak, Rogers, Saccotelli, Zadel Nays: None Absent: Polit Motion carried. OLD BUSINESS None NEW BUSINESS A. PUBLIC HEARING This public hearing, called pursuant to proper legal notice having been published in the Daily Herald on November 8, 2016 is for the purpose of presenting the proposed 2017 budget for the fiscal year beginning January 1, 2017 and ending December 31, 2017. Mayor Juracek opened up the public hearing to approve the proposed 2017 budget for the fiscal year January 1, 2017 - December 31, 2017 at 7:38pm B. 1St reading of an Ordinance Adopting an Annual Budget for the Village of Mount Prospect, Illinois for Fiscal Year Commencing January 1, 2017 and Ending December 31, 2017 in Lieu of Passage of an Appropriation Ordinance Finance Director David Erb provided a summary of the proposed 2017 budget: Developed with Sources/uses of Funds in mind • Assign dedicated revenue sources • Fees and other charges sufficient to cover service provided • Support for both operating and capital budgets Total Village Budget - $112, 764,841. • 3.4 % decrease from 2016 amended budget • Completion of significant capital projects Operating Budget - $70,641,337 • 3.3% increase from the 2016 amended budget • Year two of SAFER grant Proposed property tax increase for 2016 is 2.37% The General Fund budget, as presented, is balanced and totals $53,331,595. To view the Village of Mount Prospect's 2017 Budget please refer to the link below: httpe//www.mount�ros�ect.orq/Modules/ShowDocument.aspx?documentid®4627 Page 3 of 6 Village Board Meeting - December 6, 2016 Page 11 of 578 Public Comment Dave Horwitz Mount Prospect resident Mr. Horwitz asked for explanation of the 11.5 million source of income under the category, "other". Mr. Erb provided clarification. Louis Goodman 310 N. School St Mr. Goodman asked Mr. Erb to clarify the 2.27% proposed tax levy increase. Mr. Erb provided explanation. Finance Commission Chairman John Kellerhals presented the Finance Commission's recommendation to the Board. Mr. Erb responded to questions from the Board. Mayor Juracek the ordinance presented will stand for a second reading at the December 6, 2016 Village Board meeting. There being no additional comments, Mayor Juracek closed the Public Hearing at 8:40pm C. 1ST reading of an Ordinance Amending Ordinance No. 5692 as Amended by Ordinance No. 6077, Ordianance No. 6199 and Ordinance No. 6244, Granting Conditional Use Permit and Variations for Property Located at 309-317 West Prospect Avenue, to Approve an Extension of the Effective Date of the Conditional Use Permit and Variations. Community Development Director Bill Cooney presented background information and answered questions from the Board: • Petitioner (Rize Properties LLC) purchased the property in July 2016 and is requesting an extension of the conditional use and variations that were originally approved in 2008 with extensions approved 2013, 2015 and May of 2016. The conditional use allows the construction of a three (3) unit rowhome development. • The approvals were granted to the previous property owner (Paul Swanson Associates) and expire December 4, 2016. • Rize Properties submitted revised plans that include an updated design consisting of brick and decorative CMU as the primary building materials. • Upon approval of this extension, Rize is prepared to submit for building permits. • Staff recommends approval of this extension. Board comments • This project needs to be completed; this extension should be the last • The updated design presented by Rize is favorable; confident this developer will bring the best project to this property. Trustee Hoefert, seconded by Trustee Zadel, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Hoefert, Matuszak, Polit, Rogers, Saccotelli, Zadel Page 4 of 6 Village Board Meeting - December 6, 2016 Page 12 of 578 Nays: None Motion carried. Trustee Hoefert, seconded by Rogers, moved to approve Ordinance No. 6279: AN ORDINANCE AMENDING ORDINANCE NO. 5692 AS AMENDED BY ORDINANCE NO. 6077, ORDIANANCE NO. 6199 AND ORDINANCE NO. 6244, GRANTING CONDITIONAL USE PERMIT AND VARIATIONS FOR PROPERTY LOCATED AT 309-317 WEST PROSPECT AVENUE, TO APPROVE AN EXTENSION OF THE EFFECTIVE DATE OF THE CONDITIONAL USE PERMIT AND VARIATIONS Upon roll call: Ayes: Hoefert, Matuszak, Rogers, Saccotelli, Zadel Nays: Polit Motion carried. VILLAGE MANAGER'S REPORT A. Motion to accept National Joint Powers Alliance bid for Peterbilt Model 348 Cab and Chassis in an amount not to exceed $89,806. Public Works Director Sean Dorsey presented background information including vehicle details and staff recommendation. • This will replace unit 2723, 1991 International 4900 truck with a flatbed body, front plow and 12,000 Ib. crane. • Primarily utilized for lifting pumps, road plates, sewer basins and various heavy objects in the field and is used as a snowplow during winter. This unit satisfies all criteria to be replaced. • The proposed replacement vehicle is a Peterbilt Model 348 cab and chassis configured with a dump body and snowplow. • Funds for this proposed purchase are currently 100% funded through the vehicle replacement Fund and are available in the 2016 Budget. Trustee Hoefert, seconded by Trustee Zadel, moved for approval of request to accept National Joint Powers Alliance bid for Peterbilt Model 348 Cab and Chassis in an amount not to exceed $89,806. Upon roll call: Ayes: Hoefert, Matuszak, Polit, Rogers, Saccotelli, Zadel Nays: None Motion carried. (VBA 73-16) ANY OTHER BUSINESS Louis Goodman 310 N. School St. Mr. Goodman stated he would like to see pictures of the vehicles, both old and new, on the screen for everyone to view. Mr. Dorsey stated pictures are included in the agenda packet but will work with Television Services to get the pictures on the screen during the presentation. The Committee of the Whole meeting scheduled for November 22, 2016 has been cancelled. Page 5 of 6 Village Board Meeting - December 6, 2016 Page 13 of 578 Strategic Planning Workshops with the Village Board are scheduled for Monday, November 28th and Tuesday, November 29th. Tree Lighting is Wednesday, November 23rd at 5:00 pm. ADJOURNMENT There being no further business to discuss Mayor Juracek asked for a motion to adjourn. Trustee Hoefert, seconded by Trustee Rogers, moved to adjourn the meeting. By unanimous vote, the November 15, 2016 Village Board meeting adjourned at 9:08 pm. Page 6 of 6 Village Board Meeting - December 6, 2016 Page 14 of 578 Item VI. A.: ACCOLADES Department: SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: ATTACHMENTS: Description Type Upload File Name Date D holiday Resolution 11/28/2016 holiday2016.pdf resolution D 3d proclamatiom Proclamation 11/28/2016 Drunk Drug ged_Driving_Prevention_Dec _2016.pdf Village Board Meeting - December 6, 2016 Page 15 of 578 RESOL UTION NO. A RESOL UTION FOR THE HOLIDAY SEASON WHEREAS, the holiday season has arrived, and it is the time of the year when, as individuals and as a community, we reflect on our relationships with others, the goodwill that is shared, and all that remains to be done to create a peaceful and safe world for all; and WHEREAS, such a solemn, but joyous, time should include exchanges of concern, care, and love among all people. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Mayor and Board of Trustees of the Village of Mount Prospect do extend to the citizens of Mount Prospect our sincere wishes for a joyous holiday season, and on behalf of our entire community, we extend to everyone a resolution of good faith and kindness so that there may be peace on this earth. SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS.- S: ABSENT.- ABSENT: Passed Passed and approved this 6th day of December 2016 Arlene A. Juracek Mayor ATTEST. - Karen M. Agoranos Deputy Village Clerk Village Board Meeting - December 6, 2016 Page 16 of 578 PROCLAMATION "NATIONAL DRUNK AND DRUGGED DRIVING (3D) PREVENTION MONTH" DECEMBER 2016 WHEREAS, motor vehicle crashes killed 889 people in Illinois during 2015; and WHEREAS, hundreds of those deaths involved a driver impaired by alcohol and/or drugs; and WHEREAS, the December holiday season is traditionally one of the most deadly times of the year for impaired driving; and WHEREAS, for thousands of families across the state and nation, holidays are a time to remember loved ones lost; and WHEREAS, organizations across the state and the nation are joined with the Drive Sober or Get Pulled Over and other campaigns that foster public awareness of the dangers of impaired driving and anti -impaired driving law enforcement efforts; and WHEREAS, the Village of Mount Prospect is proud to partner with the Illinois Department of Transportation's Division of Traffic Safety and advocacy groups in the effort to make our roads and streets safer. NOW, THEREFORE, I, Arlene A. Juracek, Mayor of the Village of Mount Prospect do hereby proclaim December 2016 as "Drunk and Drugged Driving (3D) Prevention Month" in the Village of Mount Prospect and do hereby call upon all citizens, government agencies, business leaders, hospitals and other health care providers, schools and public and private institutions to promote awareness of the impaired driving problem, to support programs and policies to reduce the incidence of impaired driving and to promote safer and healthier behaviors regarding the use of alcohol and other drugs, this December holiday season and throughout the year. Arlene A. Juracek Mayor ATTEST: Karen M. Agoranos Deputy Village Clerk Dated this 6th day of December, 2016 Village Board Meeting - December 6, 2016 Page 17 of 578 Item VI. B.: 1st reading of AN ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUORS) OF THE VLLAGE CODE OF MOUNT PROSPECT Department: Village Manager's Office Information: AMC Theatre is requesting an amendment to the Liquor Code, Movie Theatre, Class S-5 Section (C)(5)(e) allowing for a change in drink sizes. This change wil allow for Randhurst AMC Theatre to be consistent with beverage cup sizes throughout the AMC corporation. Since issuance a Class "S-5" liquor license to Randhurst AMC Theatre in March of 2010 there have been no liquor violations. Recommendation: Staff recommends approval of the Ordinance. SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: BUSINESS: Strong local economy, support for innovation, entrepreneurialism and small business ATTACHMENTS: Description D AMC Ordinance Type Upload Date File Name Ordinance 11/30/2016 AMC_Ordinance.pdf Village Board Meeting - December 6, 2016 Page 18 of 578 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13 "ALCOHOLIC LIQUOR" ARTICLE II 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: SECTION 1: Subparagraph C5(e) of Section 13.204.1 "Descriptions and Restrictions" to Article II "Licensing for Regulated Service" of Chapter 13 "Alcoholic Liquor" of the Mount Prospect Village Code shall be amended by deleting "twenty (20)" and inserting "twenty-four (24)" and deleting twelve (12)" and inserting "sixteen (16)". SECTION 2: 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: NAYS: ABSENT: PASSED and APPROVED this ATTEST: Village Clerk 372432_1 day of Arlene Juracek, Village President .2016 Village Board Meeting - December 6, 2016 Page 19 of 578 Item VI. C.: Appointment/Reappointment Department: Village Manager's Office SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: ATTACHMENTS: Description Type Upload Date Reappoinrment to D Boards and Cover Memo 11/28/2016 Commisions File Name December reappointments.pdf Village Board Meeting - December 6, 2016 Page 20 of 578 Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: BOARD OF TRUSTEES VILLAGE MANAGER MICHAEL CASSADY DEPUTY VILLAGE CLERK KAREN AGORANOS COMMUNITY DEVELOPMENT DIRECTOR WILLIAM COONEY FROM: MAYOR ARLENE A. JURACEK DATE: NOVEMBER 28, 2016 SUBJECT: REAPPOINTMENT TO BOARDS AND COMMISSIONS I hereby nominate the following individuals for reappointment to the following Board and Commissions: Planning & Zoning Commission Re -Appointment Sharon Otteman 312 S. Emerson Street Economic Development Commission Re -Appointment Thomas Lowe 100 North Waverly Place AJ/dj Term to expire December 2021 Term to expire December 2020 ARLENE A. JURACEK Mayor Village Board Meeting - December 6, 2016 Page 21 of 578 Item VIII. A.: List of Bills - November 9, 2016 - November 29, 2016 Department: Finance Information: Approve List of Bills - November 9, 2016 - November 29, 2016 - $3,252,244.99 SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: GOVERNANCE: Financially sound, providing exceptional service. ATTACHMENTS: Description Type List of Bills - D November 9, 2016 - November 29, 2016 Backup Material Upload Date File Name 11/30/2016 112916_List of Bills.pdf Village Board Meeting - December 6, 2016 Page 22 of 578 VILLAGE OF MOUNT PROSPECT List of Bills November 09, 2016 - November 29, 2016 Fund Vendor Name Invoice Description Amount 001 General Fund ASafe Haven Foundation Tree Replacement $ 14,298.45 Acres Enterprises Inc. Replacement Trees 18,355.90 ACS State & Local Government Solutions Illinois State Disbursement Unit 8,175.39 Addante, Anthony Reimburse expenses: (LEAP mock assessment 39.31 Addison Building Material Co. Maintenance and repair supplies 58.38 Maintenance and repair supplies 26.73 Repair Maintenance Supplies 127.75 Small Tools 8.99 ADT Security Services, Inc. Maintenance and repair supplies 3,312.45 Maintenance and repair supplies 3,225.00 Agoranos, Karen Travel and Meeting Expenses 221.40 Air One Equipment, Inc. Half mask respirator & cartridges 265.75 Cloud Replacement helmet 38.00 Cloud Replacement helmet 250.00 Extrication glove stock 529.00 Airgas, Inc. Oxygen 337.72 Oxygen 254.00 Alexian Brothers Medical Center Pre -Employment Testing 69.00 Professional Services 69.00 Pre -Employment Testing 114.00 Professional Services 640.00 Pre -Employment Testing 45.00 Pre -Employment Testing 69.00 Professional Services 80.00 Pre -Employment Testing 69.00 Alpha Prime Communications Speakers 120.00 American Awards & Promotions, LLC. Sister Cities Name Badge 14.00 American Public Works Assoc. Maintenance and repair supplies 138.75 Apex Landscaping Inc. Parkway Tree Replacement 9,975.00 Aramark Uniform Services, Inc. Uniform Cleaning and Rental 97.86 ARC Document Solutions, LLC Equipment Maintenance 66.00 Ariens Specialty Brands LLC Shipping Expenses 59.00 Arlington Power Equipment SB -27 Replacement Snowblower 1,264.56 Arthur Weiler, Inc. Tree Replacement 5,918.50 Tree Planting 428.00 AT & T Corp. Service 11/10/16 - 12/9/16 2,346.14 Service 11/7/16- 12/6/16 2,732.92 Avanti Cafe & Sandwich Bar, Inc. Refreshments for Veterans' Day luncheon at Lions Park 414.00 B & H Photo/video Still Camera with Wi-Fi for Communications Division 499.00 Accessories, Still Camera with Wi-Fi for Communications Division 72.93 Bagdade, Susan Stylus pens for ambulance (Pads 50.52 Baldini, Carol Tri fold brochure holders 14.90 Refreshments for volunteers 8.47 Beckner, Nellie Reimbursement Conference 9/25/16 - 9/28/16 992.66 Bedco Mechanical HVAC Repairs 558.85 HVAC Repairs 230.00 BMK Veterinary Associates Stray dogs - October, 2016 142.85 Board of Trustees of the University of Illinois Training Expenses 350.00 Bong Hee Stephens Business Breakfast 2,240.13 Breitzman, James CDL Reimbursement 30.00 Busse's Flowers & Gifts Angell -recovery 60.00 Maintenance Supplies 90.00 Sympathy Arrangement - Redlin 63.50 Sympathy Arrangement - Lisa Angell 60.00 Angell sympathy 285.00 Call One Inc. Long Distance November (11/15/16 - 12/14/16) 562.93 Canon Financial Services, Inc. Contract Payment 194.46 Capital One National Association Costco Purchases 9/30/16- 10/21/16 1,164.60 Capitol Information Group, Inc. Office Technology Today subscription renewal 79.00 CDW LLC Equipment maintenance supplies 85.36 Office Supplies 33.14 Maintenance and repair supplies 28.72 Office Supplies 16.57 Century Cleaners Uniform Cleaning 8.30 Page 1 of 12 Village Board Meeting - December 6, 2016 Page 23 of 578 VILLAGE OF MOUNT PROSPECT List of Bills November 09, 2016 - November 29, 2016 Fund Vendor Name Invoice Description Amount 001 General Fund (continued) Century Cleaners(continued) Uniform Cleaning 31.37 Uniform Cleaning 1.82 Uniform Cleaning 27.40 Uniform Cleaning 20.25 Uniform Cleaning 20.75 Uniform Cleaning 24.90 Uniform Cleaning 11.95 Uniform Cleaning 30.22 Chicago Office Technology Group Ink cartridges for building printer 195.80 Chief Supply Corp. Disposable emergency blankets 549.00 Squad Emergency Equipment 38.48 Comcast Xfinity internet service 11/11-12/10/16 84.90 Office equipment 10.56 Digital adapter for CPU office 2.10 Conrad Polygraph, Incorporated Candidate Polygraph 80.00 Candidate Polygraph 160.00 Cook County Government Cook County CABS/ WAN connection annual service for 2016 1,023.00 Costar Realty Information, Inc. Costar Services 566.48 Coulter Ventures LLC 1 Concept 2 Rower & 3 Kettlebells 1,093.62 Crystal Court Shopping Center December rent for the CCC 5,989.97 De Lage Landen Financial Services, Inc. Copier Lease Payment 1,690.20 2017 CCC 260.55 Dolan, John Accreditation Conference meal per diam 96.00 Food for apparatus committee 70.00 Metropolitan Fire Chiefs Association Luncheon 20.00 Dorsey, Sean Training Supplies 31.12 Dow Jones & Co., Inc. The Wall Street Journal Subscription 2017 395.88 Drew, Maura Celestial Events Supplies 140.19 Dri-Stick Decal Corp. 2017-2018 Vehicle Stickers 6,052.90 Dynegy Energy Services, LLC Electrical Service Delivery 249.74 Electrical Service Delivery 17,157.00 Electrical Service Delivery 419.72 Eldredge, Candace 690 - Garnishment 706.07 ETC Institute Community Survey - Database&Web set up (Invoice #2) 8,050.00 Community Survey - Survey Admin. (Invoice#3) 3,350.00 Community Survey - Draft Report (Invoice#4) 5,290.00 community survey 2,160.00 Eterno, David G. Business license revocation hearing 1,622.50 Eterno, Michael Reimburse training expenses: ACP Annual Conference 10/13-18/16 1,557.65 Federal Express Corp Shipped Sensit Units for Repair 34.71 Shipping Expenses 63.11 Fire Pension Fund Fire Pension 24,459.34 Fleck's Landscaping Stump Removal 9,691.38 Grounds Maintenance 5,440.64 G & J Associates, Inc. Signs for table top display -EDC 218.80 Maintenance and repair supplies 91.50 Celestial Celebration 460.80 Galls, LLC Gear Bag 48.94 Gambino Landscaping and Brick Paving, Inc. Sprinkler System Maintenance 2,465.00 Garvey's Office Products 2 - 32GB SD Memory Cards 57.98 Government Finance Officers Assoc Membership Renewal 12/1/16- 11/30/17 595.00 GreatAmerica Financial Services Corporation Office equipment 149.47 Griffin, Timothy Reimburse expenses: ACP Conference 10/14-18/16 1,310.12 Reimburse expenses: (LEAP mock assessment 111.39 Reimburse expenses: truck rental for furniture pickup 61.95 Hall Signs, Inc. Signs 1,989.13 Hatfield, Todd Transfer Stamp Rebate 920.00 Healy Asphalt Company LLC Streets Patching Materials 203.52 Streets Patching Materials 390.24 Streets Patching Materials 21.60 Homer Tree Care, Inc. Tree Removal 5,451.02 Tree Removal 2,753.03 Tree Removal 97.31 Page 2 of 12 Village Board Meeting - December 6, 2016 Page 24 of 578 VILLAGE OF MOUNT PROSPECT List of Bills November 09, 2016 - November 29, 2016 Fund Vendor Name Invoice Description Amount 001 General Fund (continued) Homer Tree Care, Inc.(continued) ICMA Retirement Trust - 457 Illinois American Water Company Illinois Assoc of Technical Accident Investigators Illinois Department of Revenue Illinois Dept. Of Agriculture Illinois Law Enforcement Administrative Professional Illinois Municipal League Illinois Society of Fire Service Instructors Illinois State Police Infection Control/emerging Concepts, Inc. Internal Revenue Service International Association of Firefighters International Cordage East Ltd International Union of Operating Engineers J.P. Morgan Chase Bank N.A. Janowick, Timothy Jewel Food Stores, Inc. Kane, Julie K Kerstein, June Klein, Thorpe and Jenkins, Ltd. Krikorian, Mary L. Kurczodyna, William Lambel, Brian Landeweer, Michael Landscape Forms, Inc. Law Enforcement Records Managers of Illinois Lee Jensen Sales Co. Inc. LexisNexis Risk Data Management Inc. Life Assist Lizzette Medina & Co. Loomis, Bryan Lund Industries, Inc. Mass Group Inc. Maxx Contractors Corp Maybach, Theodore Mazursky, Shelby Mcmaster-carr Supply Co. McVeigh -Cushing, Cathleen A. Menard Inc. Metro Door and Dock, Inc. Metro Federal Credit Union Tree Removal 1,530.67 Tree Removal 1,500.00 I CMA 457 26,899.54 Private Fire Period 11/1/16 - 11/30/16 33.84 Period 10/11/16- 11/8/16 411.94 Register for 2017 training class 1,280.00 ILState Withholding 29,315.83 ILState Withholding 26.86 Professional Services 20.00 Professional Services 15.00 Professional Services 20.00 Professional Services 15.00 2017 Pest Control License Application 15.00 Professional Services 15.00 Registration for holiday luncheon meeting 12/14/16 75.00 2017 Membership renewal 40.00 2018 Membership renewal 40.00 2019 Membership renewal 40.00 Magazine Subscription 2017 30.00 ISO Class - Sept 26-30, Sycamore 300.00 Pre -Employment Testing 29.75 Pre-employment background checks - October, 2016 101.00 Basic DICO/BBP class 675.00 Federal Withholding 186,858.48 Federal Withholding 199.86 Toy Drive Supplies 2016 1,500.00 Replacement Street Furniture 1,970.51 IUOE PW Membership Dues 1,168.22 Credit Card Purchases - October 2016 4,492.35 Reimburse expenses: ACID Conference 10/13-18/16 2,527.75 Gifts & Flowers 1,219.39 Refreshments for Coffee with Council 32.42 Reimbursement Phone Exp - November 2016 44.95 August billing 64,035.50 September billing 60,389.71 Official Court Reporter service (People V Anthony Lietzow) Final 612.00 Refund Escrow Permit #16-1960 (21 N Marcella Rd) 50.00 Metropolitan Fire Chiefs Association Luncheon 20.00 Coffee and Donuts for Fire Fighter Testing 32.17 Reimburse expenses: Office supplies 21.99 Site Furniture 19,715.00 2017 Membership renewal: M. Pickett 25.00 Generator 390.00 Background checks - October, 2016 17.90 Visiblankets 204.00 Grounds Maintenance Services 4,403.88 Accreditation Conference meal per diam and gas 115.65 Reimbursement- food for fire investigation 230.06 Equipment maintenance: removal of equipment 450.00 Equipment maintenance: Labor for P-17 639.95 Two - adult rescue mannequins- Wilson 1,800.08 Contractual Snow Removal 880.00 Contractual Snow Removal 2,300.10 Transfer Stamp Rebate 1,350.00 Engineering Supplies 97.50 Salt Spreader Parts 93.90 Edit Library Life November 650.00 Other Equipment 1.19 Historical Building Maintenance 61.05 Maintenance and repair supplies 111.83 Maintenance and repair supplies 76.68 Overhead door repair 1,294.08 MP Fire Local 4119 Dues 2,548.26 Page 3 of 12 Village Board Meeting - December 6, 2016 Page 25 of 578 VILLAGE OF MOUNT PROSPECT List of Bills November 09, 2016 - November 29, 2016 Fund Vendor Name Invoice Description Amount 001 General Fund (continued) Metropolitan Alliance - Police MP Police Association Dues 1,338.00 Meyer Laboratory, Inc. Cleaning Supplies 992.50 Custodial Supplies 100.20 Mobile Print Inc. Business cards 112.52 Customer Service Cards 453.96 Tree Lighting Posters 2016 106.70 Memo pads 17.60 Memo Pads 17.60 BOFPC letterhead 128.04 Moore Wallace North America Year End Tax Forms 307.23 Mount Prospect Historical Soc. 2016 Budget Allocation - December 2016 3,333.37 Mount Prospect Public Library Fiber Optic Charges for Village Hall 7/16/16 - 8/15/16 1,356.21 Fiber Optic for CC Center 7/16/16 - 10/15/16 798.44 Municipal GIS Partners, Inc. CSR Staffing (Jan, Feb & March 2016) & April Service Fee 1,100.00 CSR Staffing May 2016 275.00 CSR Staffing July 2016 275.00 CSR Staffing August 2016 275.00 National Public Employer Labor Relations Assc 2017 Membership Renewal 205.00 Nationwide Mutual Insurance Company Nationwide 457 12,918.11 Nature's Trees Professional Services 365.00 Professional Services 660.00 Northeastern III. Pub. Safety Trng. TRA- August 30th 90.00 F01 Fire Prev. Principles - October 24-28 700.00 Northern Illinois Funeral Service Inc. Remains removal: 1136 Boxwood Lane (I. Hernandez) 480.00 Northshore University Healthsystem Medical exam 453.00 Northwest Central Dispatch System December 2016 - Member Assessment 56,340.50 Northwest Suburban United Way United Way 101.05 Nova Fire Protection, Inc. Maintenance and repair supplies 638.00 Equipment Maintenance and Repair 637.00 Maintenance and repair supplies 650.00 Office Depot, Inc. Toner/register tape/nameplate/folders/rubber bands/pens 504.95 Office Supplies for HS & CCC 80.76 Office Supplies 101.39 Strategic planning office supplies 177.98 Paddock Publications, Inc. PZ -23-16 Legal notice 83.70 PZ -22-16 74.25 Paez, Darcy Refund Overpayment Police Ticket #P3934223 76.50 Park University Enterprises, Inc. Stress Management for Women Webinar- 11/07/2016 FD Admin. 99.00 Petty Cash Petty Cash 58.23 Petty Cash 292.61 Police Pension Fund Police Pension 30,110.00 Potestivo Associates Refund Unused Transfer Stamp#43464 336.00 Professional Law Enforcement Training, LLC Course registration 189.00 Prosafety, Inc. Custodial Supplies 239.00 Small Tools 51.00 Ramirez Compost Service, Inc. Contractual Hauling 800.00 RC Topsoil Inc. Restoration Materials 218.06 Rebel's Trophies, Inc. Desk Plate 20.75 Reliance Standard Life Insurance Co. Short Term Disability 3,831.56 Rentokil North America, Inc. Hornets nest in parkway tree @ 904 NaWaTa 100.00 rescueDIRECT, Inc. Special rescue accessories 383.25 Rkon Inc. Firewall renewal plus web filtering 29,531.56 Robert W. Hendricksen Co. Tree Trimming 25,685.00 Ronco Industrial Supply Custodial Supplies 722.46 Route 12 Rental Co., Inc. Maintenance and repair supplies 27.46 RST Inc. Safety Shoe Allowance 341.99 Rundell, Robert Train Tickets - Dell Solution Center 61.50 Safety Service Systems, Inc. Special Events Supplies 667.35 Special Events Supplies 667.35 Schlau, Steve HVAC Repairs 267.50 Schroeder & Schroeder Inc Concrete Restoration 14,395.14 2016 New Sidewalk Program -Construction Contract 175,202.52 Schroeder, William EH inspection supplies 486.74 Membership renew 164.00 Page 4 of 12 Village Board Meeting - December 6, 2016 Page 26 of 578 VILLAGE OF MOUNT PROSPECT List of Bills November 09, 2016 - November 29, 2016 Fund Vendor Name Invoice Description Amount 001 General Fund (continued) OSHA training 160.00 SE Snow & Ice Control Inc. Custodial Supplies 3,738.70 Sebert Landscaping Co. Tree Replacement 530.00 Smith, Robert Reimburse expenses: ACP Conference 10/13-18/16 1,248.12 Snappylogos Inc. Uniform supplies 268.00 Snarski, Andrew Refund Overpayment Police Ticket #P3950046 25.00 Sound Incorporated December maintenance for phones, switches and servers 72.00 Stefaniuk, William Training Expenses 27.31 Stericycle, Inc. Annual maintenance agreement 12/2016-11/2017 1,556.40 Systems Forms, Inc. Permit Folders 2,582.00 #9 reply envelopes 329.00 T.P.I. Building Code Consultants, Inc. October 2016 services 24,057.00 Taser International, Inc. Register for training class 02/03/2017 225.00 The Carroll -Keller Group Leadership Development Skills (Module 4) - 11/10/2016 4,400.00 The Ups Store Postage Expense 10/14/16 36.86 Theodore Polygraph Service Inc. Pre-employment testing 175.00 Thompson Elevator Inspections Various elevator inspections 1,258.00 Various inspections 3,037.00 Various elevator inspections 925.00 Various inspections 260.00 TNT Landscape Construction Inc. Parkway Restoration 924.76 Parkway Restoration 1,057.26 Parkway Restoration 453.74 Townsend, Christopher Reimbursement Small Tool 81.50 Traffic Control & Protection Inc Barricade Rental 2,055.00 Barricades 1,897.71 Tyler Technologies, Inc. Maintenance 12/31/16 - 12/30/17 1,403.00 Assist with 9.5 Upgrade 300.00 U.S. Bank Equipment Finance, Inc. Copier Lease #500-0413635-000 & 500-0431295-000 2,410.85 United Maintenance Company, Inc. Special Events Supplies 2,000.00 United States Postal Service CAPS Postage Oct 68.34 UPS Store #707 Shipping Expenses 55.18 VCG Uniform Fire Prevention Uniforms 203.70 Village of Mount Prospect Flex - Medical 9,430.58 Period 11/9/16 - 10/10/16 5.00 Period 11/9/16 - 10/10/16 15.55 Village of Romeoville TRA Class - Evans - 10/28/2016- Romeoville 150.00 W. W. Grainger, Inc. Traffic Marking Paint 342.68 Hand sanitizer dispenser refills 241.50 Squad emergency supplies 175.80 Special Events Supplies 134.50 Warehouse Direct Card Stock Paper 13.63 Notepads, crazy glue, flash drives & staplers 155.24 Office Supplies 478.59 Office Supplies 12.39 Credit for returned item (11.47) Printer repairs Brother #L8J803940 135.00 Weger, Mark Reimburse expenses: Range supplies 166.90 Weigle, HuongT Transfer Stamp Rebate 544.00 WGN Flag & Decorating Co. Maintenance and repair supplies 222.00 Wide Open West Internet services for streaming 55.00 Backup Internet 284.50 William Rainey Harper College Course registration for Crime Analyst of IL Annual Conference 70.00 Wilson, Kevin B. SimsUShare Training Program 74.95 IL Fire Chiefs Conference Lodging 78.40 Winter Equipment Company Inc Plow markers and curb guards 570.67 Worldpoint Ecc, Inc. 4 AED's, 4 packages of BLS cards, 4 packages of Heartsaver cards 719.80 Z Search Recruiting, Inc. Photography Fall Fest Oktoberfest 2016 400.00 001 General Fund Total $ 1,067,164.98 002 Debt Service Fund Bank of New York Mellon Paying Agent Fee (12/21/16-12/20/17) - GO Bonds Series 2009B $ 802.50 Paying Agent Fee (12/21/16-12/20/17) - GO Bonds Series 2009C 802.50 002 Debt Service Fund Total $ 1,605.00 Page 5 of 12 Village Board Meeting - December 6, 2016 Page 27 of 578 VILLAGE OF MOUNT PROSPECT List of Bills November 09, 2016 - November 29, 2016 Fund Vendor Name Invoice Description Amount 020 Capital Improvement Fund Addison Building Material Co. Ciorba Group Inc Convergence Technologies Inc. Desman, Inc. Dome Corporation Of North America Edwin Hancock Engineering Co. Gewalt Hamilton Assoc. Meade Electric Co. Inc. Northwest Central 9-1-1 System Pete the Painter, Inc. Sebert Landscaping Co. VCG Uniform W. W. Grainger, Inc. 020 Capital Improvement Fund Total 022 Downtown Redevelopment Construct American Landscaping Inc. Durabilt Fence Co. II, Inc. Fleck's Landscaping S. B. Friedman & Company 022 Downtown Redevelopment Construct Total 023 Street Improvement Construc Fund Maxx Contractors Corp 023 Street Improvement Construc Fund Total 024 Flood Control Construction Fund Arrow Road Construction Burns & Mcdonnell Engineering Co. Dynegy Energy Services, LLC Manhard Consulting Ltd. Sebert Landscaping Co. 024 Flood Control Construction Fund Total 040 Refuse Disposal Fund AT & T Corp. Call One Inc. Eldredge, Candace General Parts Inc. Groot Industries, Inc. ICMA Retirement Trust - 457 Illinois Department of Revenue Internal Revenue Service International Union of Operating Engineers Nationwide Mutual Insurance Company Republic Services, Inc. Solid Waste Agency of Northern Cook County Village of Mount Prospect 040 Refuse Disposal Fund Total 041 Motor Fuel Tax Fund Chicagoland Paving Contractors, Inc. Illinois State Treasurer Maxx Contractors Corp Schroeder& Schroeder Inc 041 Motor Fuel Tax Fund Total Salt Dome Supplies $ 148.75 Salt Dome Supplies 14.16 Public Building Improvements 35.27 Professional Services 9,816.28 PTP Upgrade 6,055.00 UPS 1,600.00 Parking Lot Improvement 2,000.00 Salt Storage Building 86,657.40 Professional Services 3,562.00 Jogging Path Improvement 14,271.69 Emergency Vehicle Preemption System 21,675.00 Motorola Subscriber Financing- November 2016 10,603.91 Painting Services 4,800.00 Public Building Improvements 950.00 Jogging Path Improvement 242.00 Ballistic Vests, Helmets, IFAKS, Active Shooter Paramedic Equip. 15,660.00 Salt Dome Supplies 365.14 $ 178,456.60 Services at 2 N Main $ 300.00 6 month rental extension for temp fence 1,000.00 Grounds Maintenance 7,251.67 Professional Services 8/23/16 - 10/5/16 14,873.05 $ 23,424.72 Parking Lot Repair $ 13,000.00 $ 13,000.00 Combined Sewer Improvements $ 22,220.04 Professional Services 13,155.50 Professional Services 2,694.50 Electrical Service Delivery 158.84 Professional Services 2,635.00 Backyard Drainage Rain Gardens 4,069.50 $ 44,933.38 Service 11/10/16 - 12/9/16 $ 12.65 Long Distance November (11/15/16 - 12/14/16) 3.13 Garnishment 78.54 Repair Maintenance Supplies 13.16 Tipping Fees 3,946.15 ICMA 457 33.49 IL State Withholding 373.65 Federal Withholding 3,411.77 IUOE PW Membership Dues 124.22 Nationwide 457 291.38 Refuse Disposal Program 222,773.39 Refuse Disposal Program 965.28 SWANCC- December/2016 80,674.09 Flex - Medical 117.72 $ 312,818.62 Asphalt Patching $ 8,624.00 Traffic Signal Maintenance 7,413.90 Contractual Snow Removal 3,000.00 Contractual Snow Removal 7,841.25 Concrete Restoration 3,452.69 $ 30,331.84 Page 6 of 12 Village Board Meeting - December 6, 2016 Page 28 of 578 VILLAGE OF MOUNT PROSPECT List of Bills November 09, 2016 - November 29, 2016 Fund Vendor Name Invoice Description Amount 042 CDBG Arco Construction CGBG Rehab- Search Inc group home $ 16,850.00 De Lage Landen Financial Services, Inc. Copier Lease Payment 94.80 ICMA Retirement Trust - 457 ICMA 457 450.00 Illinois Department of Revenue IL State Withholding 47.43 Internal Revenue Service Federal Withholding 453.49 Village of Mount Prospect Flex - Medical 31.25 042 CDBG Total $ 17,926.97 043 Asset Seizure Fund Lund Industries, Inc. Parts & Installation for FPI-U#36 $ 2,599.11 043 Asset Seizure Fund Total $ 2,599.11 046 Foreign Fire Tax Board Fund Comcast National Hose Testing Specialties, Inc. 046 Foreign Fire Tax Board Fund Total 050 Water and Sewer Fund Addison Building Material Co. Alexander Chemical American Landscaping Inc. American Water Works Assoc. American Waterworks Assoc. Aramark Uniform Services, Inc. Ariens Specialty Brands LLC Associated Technical Service AT & T Corp. BP&TCo. B&W Control Systems Integration Baxter & Woodman, Inc. Burns & Mcdonnell Engineering Co. Call One Inc. CDW LLC Century Cleaners Chicagoland Paving Contractors, Inc. Cornerstone Services, Inc. Dorsey, Sean Dynegy Energy Services, LLC EDENBROS, LLC Edwin Hancock Engineering Co. EESCO, A Division of WESCO Distribution INC Comcast Service (11/15/16 - 1/14/18) @ 1601 W Golf Rd Comcast Service (11/23/16 - 1/22/18) @ 112 E Northwest Hwy Comcast Service (12/1/16 - 1/1/18) @ 2000 E Kensington Rd 2016 Fire Hose testing Repair Maintenance Supplies Repair Maintenance Supplies Repair Maintenance Supplies Repair Maintenance Supplies Water System Treatment Chemical Parkway Restoration Membership Dues Water Treatment Chemicals Uniform Cleaning and Rental Uniform Expense Uniform Expense Uniform Expense Equipment Maintenance and Repair Service 11/10/16 - 12/9/16 Service 11/10/16 - 12/9/16 Service 11/10/16 - 12/9/16 Hydrant Painting Project Telemetry System Maintenance Sewer Main Repair Replacement Maintenance and repair supplies Professional Services Professional Services Long Distance November (11/15/16 - 12/14/16) Repair Maintenance Supplies Uniform Cleaning Uniform Cleaning Uniform Cleaning Uniform Cleaning Uniform Cleaning Uniform Cleaning Uniform Cleaning Uniform Cleaning Uniform Cleaning Parkway Restoration Parkway Restoration Repair Maintenance Supplies Training Supplies Electrical Service Delivery Leak Detection Equipment Construction Engineering Construction Engineering ARC Flash Gear ARC Flash Gear $ 1,001.98 1,355.76 1,178.94 4,604.08 $ 8,140.76 4.89 31.32 82.29 50.70 20.00 1,554.00 3,586.00 309.85 97.86 (69.99) 99.99 62.94 300.00 781.32 844.59 527.53 4,816.00 3,320.89 9,362.60 1,034.67 6,950.17 720.00 209.04 111.15 8.30 31.38 1.83 27.40 20.25 20.75 24.90 11.95 30.23 2,163.70 1,155.00 718.67 50.68 4,675.17 7,254.00 6,653.00 6,686.00 127.42 53.74 Page 7 of 12 Village Board Meeting - December 6, 2016 Page 29 of 578 VILLAGE OF MOUNT PROSPECT List of Bills November 09, 2016 - November 29, 2016 Fund Vendor Name Invoice Description Amount 050 Water and Sewer Fund(continued) EESCO, A Division of WESCO Distribution INC(continued) Elna Wilke Eric CovaI Fleck's Landscaping HBK Water Meter Service HD Supply Waterworks, Ltd. ICMA Retirement Trust - 457 Illinois Department of Revenue Internal Revenue Service International Union of Operating Engineers Kensington Business Center Holdings -1 LLC LAI, Ltd. Martam Construction MECO Consulting LLC Metron-Farnier, LLC. Nationwide Mutual Insurance Company Northwest Suburban United Way NW Suburban Municipal Joint Action Water Agency Paddock Publications, Inc. RC Topsoil Inc. Reliance Standard Life Insurance Co. RJN Group, Inc. Russo Hardware, Inc. Schroeder& Schroeder Inc Smith Ecological Systems, Inc. Snap On Industrial Div of IDSC Holdings Inc. Stefaniuk, William Suburban Laboratories, Inc. Tank Industry Consultants, Inc. TNT Landscape Construction Inc. Traffic Control & Protection Inc U.S. Bank Equipment Finance, Inc. United States Postal Service Village of Mount Prospect W. W. Grainger, Inc. Wal-Mart Community Warehouse Direct Ziebell Water Service Products 050 Water and Sewer Fund Total 051 Village Parking System Fund ICMA Retirement Trust - 457 Illinois Department of Revenue ARC Flash Gear ARC Flash Gear ARC Flash Gear Backflow Prevention Program Utility Refund - 217 N Elmhurst Ave Utility Refund - 242 Hatlen Ave Grounds Maintenance Water Meter Installations Water Meter Installations Repair Maintenance Supplies Repair Maintenance Supplies Repair Maintenance Supplies ICMA 457 ILState Withholding Federal Withholding IUOE PW Membership Dues Refund Overpayment Cross Connection Fee Repair Maintenance Supplies Contractual Hauling Contractual Hauling Contractual Hauling Contractual Hauling Contractual Hauling Professional Services Water Meters Other Water Meters Nationwide 457 United Way JAWA - October/2016 Printing Expenses Restoration Materials Short Term Disability Professional Services Small Tools Concrete Restoration Water Sample Testing Repair Maintenance Supplies Training Expenses Water Sample Testing Tank Design Engineering Tank Design Engineering Professional Services Parkway Restoration Parkway Restoration Parkway Restoration Water Main Replacement Barricades Copier Lease #500-0413635-000 & 500-0431295-000 CAPS Postage Oct Flex - Medical Grounds Maintenance Supplies Water System Treatment Chemicals Solar Panel Other supplies Office Supplies Repair Maintenance Supplies Maintenance and repair supplies Water Valves ICMA 457 IL State Withholding 597.42 15.04 727.72 1,320.76 1010.38 66.78 2,462.69 678.50 899.15 1,285.20 2,135.70 2,908.45 1,673.48 2,810.36 24,243.38 1,233.76 20.00 858.13 2,835.88 3,456.03 3,593.00 3,042.00 1,728.00 975.00 2,740.00 5,940.00 570.93 21.00 543,626.00 85.05 111.94 193.98 16,878.60 293.92 7,670.94 633.00 305.88 22.69 559.50 4,080.00 4,946.84 4,822.21 6,551.09 7,489.74 3,214.33 1,915.00 1,823.29 297.00 4,309.67 388.44 114.68 242.44 1,462.85 11.94 21.96 21.75 2,100.00 2,040.00 $ 750,605.65 $ 9.00 47.04 Page 8 of 12 Village Board Meeting - December 6, 2016 Page 30 of 578 VILLAGE OF MOUNT PROSPECT List of Bills November 09, 2016 - November 29, 2016 Fund Vendor Name Invoice Description Amount 051 Village Parking System Fund(continued) Internal Revenue Service Federal Withholding 400.52 International Union of Operating Engineers IUOE PW Membership Dues 19.31 Muscat, Brett M. Parking Deck Maintenance 44,878.00 Nationwide Mutual Insurance Company Nationwide 457 28.84 Parkeon Parking Lot Improvement 416.00 Parking Lot Improvement 416.00 Whoosh Transaction Fees - September 2016 221.20 Petty Cash Petty Cash 12.00 Preform Traffic Control Systems, LTD. Striping Parking Lots 1,799.98 RST Inc. Safety Shoe Allowance 399.99 Village of Mount Prospect Flex - Medical 35.21 051 Village Parking System Fund Total $ 48,683.09 052 Parking System Revenue Fund Dynegy Energy Services, LLC Electrical Service Delivery $ 197.52 Fehr -Graham & Associates LLC Professional Services 3,018.00 Professional Services 2,608.00 ICMA Retirement Trust - 457 ICMA 457 6.02 Illinois Department of Revenue IL State Withholding 33.79 Internal Revenue Service Federal Withholding 285.91 International Union of Operating Engineers IUOE PW Membership Dues 12.89 Maxx Contractors Corp Contractual Snow Removal 120.00 Contractual Snow Removal 313.65 Nationwide Mutual Insurance Company Nationwide 457 19.25 Parkeon Whoosh Transaction Fees - September 2016 105.70 Preform Traffic Control Systems, LTD. Striping Parking Lots 672.15 Sebert Landscaping Co. Flowers and Shrubs 8,653.00 Union Pacific Railroad Metra Land Lease - October 2016 3,138.75 Village of Mount Prospect Flex - Medical 27.91 Period 11/9/16 - 10/10/16 47.20 052 Parking System Revenue Fund Total $ 19,259.74 060 Vehicle Maintenance Fund Addison Building Material Co. Vehicle Maintenance Supplies $ 34.22 Arlington Heights Ford P-8 right front control arm 86.90 P-37 Lower Control arms 191.40 Arlington Power Equipment SB -27 Replacement Snowblower 651.44 AT & T Corp. Service 11/10/16 - 12/9/16 31.63 Atlas Bobcat Inc. Vehicle Maintenance Supplies 238.83 Bamjak Inc, P-13 front brake rotors and hardware 143.36 Toggle switches 19.03 2744 steering dampner 43.98 Botts Welding & Truck Service, Inc. Vehicle Maintenance Supplies 804.32 Brett Equipment Vehicle Maintenance Supplies 382.72 Busse Car Wash, Inc. 71 car washes 453.00 Call One Inc. Long Distance November (11/15/16 - 12/14/16) 7.83 Certified Fleet Services, Inc. Equipment Maintenance and Repair 375.00 Chicago Parts & Sound LLC Vehicle Maintenance Supplies (175.00) P-15 Lower Control Arms 167.20 S-26 A/C line 86.87 P-8 sway bar link, wiper blades 85.12 P-13 Front brake pads 44.98 Cummins Npower LLC Vehicle Maintenance Supplies 314.66 EJ Equipment Vehicle Maintenance Supplies 248.81 Equipment Depot of Illinois Vehicle Maintenance Supplies 430.42 Fire Service, Inc. 516 Rear Crossmember 1,204.25 Foster Coach Sales Inc. 526 Rear sway bar bushings 56.25 Gas Depot, Inc. Fuel 13,109.68 Fuel 10,762.30 General Parts Inc. Power steering fluid 29.76 Global Emergency Products 530 Tower outrigger joystick 396.24 517 door plunger air switch and bearing 68.70 530 engine dipstick tube assembly 176.72 530 Tower Rear suspension torque rod 675.19 Page 9 of 12 Village Board Meeting - December 6, 2016 Page 31 of 578 063 Risk Management Fund Illinois Department of Employment Security Unemployment Benefit 3rd Quarter & 2nd Interest 2016 $ 8,439.53 Intergovernmental Per.ben.coop IPBC- November 2016 488,756.75 International Union of Operating Engineers PW Insurance Premiums -January 2017 59,300.00 Right Residentail II - Fund 1 LLC Legal Settlement 11/4/16 7,375.00 063 Risk Management Fund Total $ 563,871.28 070 Police Pension Fund Mesirow Financial Investment Management, Inc. Inv Mgr Fees 7/1/16-9/30/16 $ 6,007.39 Page 10 of 12 Village Board Meeting - December 6, 2016 Page 32 of 578 VILLAGE OF MOUNT PROSPECT List of Bills November 09, 2016 - November 29, 2016 Fund Vendor Name Invoice Description Amount 060 Vehicle Maintenance Fund(continued) Global Emergency Products(continued) ICMA Retirement Trust - 457 ICMA 457 1,380.22 Illinois Department of Revenue IL State Withholding 1,209.96 Internal Revenue Service Federal Withholding 10,162.95 International Union of Operating Engineers IUOE PW Membership Dues 601.34 Interstate Battery of Western Chicago 6 Truck batteries 671.70 4 truck batteries 449.80 Interstate Power Systems, Inc. Air filters 187.12 Coolant test strips 10.98 530 Tower engine breather hose 17.50 K & K Sales & Services Inc Annual Vehicle Lift Inspections 550.00 Krotky, Kevin Tool Allowance 1,140.00 Mcmaster-carr Supply Co. Toggle switches 37.36 Morton Grove Automotive 4510Alternator 185.00 Napleton's Arlington Heights Motors Inc. P-14 exhaust converter 613.60 P-38 spark plugs 174.08 Police Charger Spark plugs and power steering fluid 428.32 Vehicle Maintenance Supplies (200.00) Northwest Suburban United Way United Way 5.00 Northwest Trucks, Inc. Vehicle Maintenance Supplies 71.64 Pomp's Tire Service, Inc. 530 Tower Rear tires 3,277.40 Precision Service & Parts 4554 fuel pump & sender 312.89 4503 OEM front brake calipers, brake pads and rotors 500.20 526 Rear shocks 86.90 2707 Spark Plugs 12.60 4 Ford Batteries 407.28 Reliance Standard Life Insurance Co. Short Term Disability 104.10 Rush Truck Centers of Illinois, Inc. Vehicle Maintenance Supplies 37.11 Steering gear box seal kit 188.89 Vehicle Maintenance Supplies 1,388.64 4537 Instrument Cluster 912.60 4537 air compressor line 41.81 Vehicle Maintenance Supplies (631.75) 4558 Right side grab handle 245.96 Vehicle Maintenance Supplies 772.16 Solvent Systems Int'I. Inc. Parts washer rental 300.00 Terrace Supply Company Equipment Rental 37.87 Vehicle Maintenance Supplies 45.88 Triangle Radiator Service Inc Vehicle Maintenance Supplies 325.00 Village of Mount Prospect Flex - Medical 379.18 Winter Equipment Company Inc Plow markers and curb guards 1,337.30 060 Vehicle Maintenance Fund Total $ 58,924.40 061 Vehicle Replacement Fund Arlington Heights Ford Equipment for Public Works Vehicles $ 926.63 Lund Industries, Inc. Squad conversion P-17 Dodge Charger 6,406.88 Pomp's Tire Service, Inc. Motor Equipment Public Works Vehicles 974.72 Sauber Mfg. Co. Equipment for Public Works Vehicles 498.00 Suburban Accents Inc Fire Vehicles 525.00 061 Vehicle Replacement Fund Total $ 9,331.23 062 Computer Replacement Fund Convergence Technologies Inc. PTP Upgrade $ 29,790.00 062 Computer Replacement Fund Total $ 29,790.00 063 Risk Management Fund Illinois Department of Employment Security Unemployment Benefit 3rd Quarter & 2nd Interest 2016 $ 8,439.53 Intergovernmental Per.ben.coop IPBC- November 2016 488,756.75 International Union of Operating Engineers PW Insurance Premiums -January 2017 59,300.00 Right Residentail II - Fund 1 LLC Legal Settlement 11/4/16 7,375.00 063 Risk Management Fund Total $ 563,871.28 070 Police Pension Fund Mesirow Financial Investment Management, Inc. Inv Mgr Fees 7/1/16-9/30/16 $ 6,007.39 Page 10 of 12 Village Board Meeting - December 6, 2016 Page 32 of 578 VILLAGE OF MOUNT PROSPECT List of Bills November 09, 2016 - November 29, 2016 Fund Vendor Name Invoice Description Amount 070 Police Pension Fund(continued) SFAM, LLC Inv Mgr Fees 7/1/16-9/30/16 13,725.00 070 Police Pension Fund Total $ 19,732.39 071 Fire Pension Fund Wells Fargo Bank 071 Fire Pension Fund Total 073 Escrow Deposit Fund 24-7 Plumbing 4 U Inc Abozena, Lydia Abrams, Michael Adams Landscaping American Painting and Remodeling ARS of Illinois Bachkov, Ventsislav Bastermagian, Sarkis Bielawski, Joseph Bill Beckwith Builders LLC Birger, Paul Brasco Inc Broesch Mechanical Services Burger Plumbing Burns, Michael Capps Plumbing and Sewer Inc Casey, Steve Chahal, Mandeep Ciontea, Jeffrey S Compass Real Estate Services LLC Crb Construction Dmitruk, Daniel Domeracki, Ronald Done with Pride Plumbing Doris, Nick DRW Services Inc DSR Construction Envy Home Services Euro Plumbing and Sewer Fleischmann, Kurt F Four Seasons Heating and A/C Frangiamore, Kyle GHC Mechanical Gurvis, Marcy Herron and Sons Remodeling Hums, Roberts J Ibbotson Heating Company Illinois State Treasurer J&S Wysocki Family Trust DTD Johnson, Kathie JRC Design Build Inc Kapital Electric Lampe, Linda Mackenzie Sales Inc Maletycz, Mark Maurice, Alena K Mazur, Ziemowit McNamara, Richard A MD Landscaping & Design Inc Miklusak, Nicholas National Assoc. of Boards of Pharmacy Nicholas & Associates Inc Inv Mgr Fees 7/1/16-9/30/16 Refund Escrow Permit # 15-2110 (1531 W Lonquist Blvd) Refund Escrow Permit # 16-2321 (1752 E Tano Ln) Refund Escrow Permit # 16-0799 (1422 N Park Dr) Refund Escrow Permit # 16-2216 (1 S School St) Refund Escrow Permit # 16-0757 (1207 Greenacres Ln) Refund Escrow Permit # 16-2263 (900 S Waverly Ave) Refund Escrow Permit # 16-1602 (1505 S Canford Cliffs Dr #1A) Refund Escrow Permit # 16-1890 (217 S William St) Refund Escrow Permit # 16-2020 (248 W Wimbolton Dr) Refund Escrow Permit # 16-2024 (266 W Wimbulton Dr) Refund Escrow Permit # 16-0849 (2206 S Busse Rd) Refund Escrow Permit # 16-0704 (500 N Maple St) Refund Escrow Permit # 16-1031 (571 Huntington Commons Rd) Refund Escrow Permit # 16-1939 (1800 W Central Rd) Refund Escrow Permit # 16-1627 (2330 S Elmhurst Rd) Refund Escrow Permit # 16-2016 (317 W Prospect Ave) Refund Escrow Permit # 15-1896 (9 N Pine St) Refund Escrow Permit # 16-2096 (124 Wimbolton Dr) Refund Escrow Permit # 16-1218 (902 W Milburn Ave) Refund Escrow Permit # 16-1371 (543 Dempster St) Refund Escrow Permit # 15-0016A (1739 Verde Dr) Refund Escrow Permit # 13-1840 (701 E Prospect) Refund Escrow Permit # 15-1847 (515 Dempster St) Refund Escrow Permit # 15-2537 (610 Cedar Ln) Refund Escrow Permit # 16-1761 (1920 E Hopi Ln) Refund Escrow Permit # 16-2231 (1762 Corktree Ln) Refund Escrow Permit # 16-1552 (1106 Beechwood Dr) Refund Escrow Permit # 16-1877 (300 E Kensington Rd) Refund Escrow Permit # 16-1090 (215 S Elmhurst Rd) Refund Escrow Permit # 16-1330 (704 Harvest Ln) Refund Escrow Permit # 15-2219 (1000 Mt Prospect Plz) Refund Escrow Permit # 15-0760 (200 N Kenilworth Ave) Refund Escrow Permit # 16-2212 (210 E Highland St) Refund Escrow Permit # 16-0313 (404 E Berkshire Ln) Refund Escrow Permit # 15-2019 (5 W Central Rd) Refund Escrow Permit # 16-1245 (1105 N Brentwood Ln) Refund Escrow Permit # 16-1865 (130 We Go Trl) Refund Escrow Permit # 16-2115 (2 W Berkshire Ln) Refund Escrow Permit # 16-2198 (605 Ironwood Dr) Refund Escrow Permit #16-2332 (705 Hackberry Ln) 2016 Unclaimed Property Remittance Refund Escrow Permit # 16-2091 (1114 E Linden Ln) Refund Escrow Permit # 16-1638 (501 N Russel St) Refund Escrow Permit # 15-2203 (221 S Louis St) Refund Escrow Permit # 16-0481 (318 N Prospect Manor Ave) Refund Escrow Permit # 16-1106 (318 N Prospect Manor Ave) Refund Escrow Permit # 16-2019 (606 W Northwest Hwy) Refund Escrow Permit # 16-1293 (504 S Busse Rd) Refund Escrow Permit # 16-1296 (504 S Busse Rd) Refund Escrow Permit # 16-2320 (122 S I Oka Ave) Refund Escrow Permit #16-1717 (1505 E Ironwood Dr) Re -issue Escrow Refund check #804036 Refund Escrow Permit # 16-0389 (1104 Oakwood Dr) Refund Escrow Permit # 16-2045 (119 S Louis St) Refund Escrow Permit # 16-1328 (1600 Feehanville Dr) Refund Escrow Permit # 16-1613 (1501 Feehanville Dr) $ 4,896.00 $ 4,896.00 125.00 125.00 200.00 200.00 300.00 125.00 125.00 200.00 125.00 125.00 650.00 200.00 500.00 400.00 125.00 125.00 350.00 125.00 125.00 125.00 200.00 24,313.30 125.00 200.00 200.00 125.00 200.00 200.00 500.00 300.00 125.00 350.00 125.00 25.00 125.00 200.00 200.00 125.00 125.00 125.00 1,342.01 200.00 200.00 300.00 125.00 300.00 200.00 75.00 100.00 200.00 125.00 200.00 125.00 200.00 300.00 300.00 Page 11 of 12 Village Board Meeting - December 6, 2016 Page 33 of 578 VILLAGE OF MOUNT PROSPECT List of Bills November 09, 2016 - November 29, 2016 Fund Vendor Name Invoice Description Amount 073 Escrow Deposit Fund(continued) North Shore Energy Inc Refund Escrow Permit # 16-2102 (211 N Prospect Manor Ave) 125.00 Novak Construction Refund Escrow Permit # 15-2003 (800 Niermann Ct) 400.00 O'Connor, Doug Refund Escrow Permit # 16-0404 (1802 Estates Dr) 400.00 Olympic Signs Inc Refund Escrow Permit # 16-1937 (182 Randhurst Village Dr) 100.00 Panther Construction Refund Escrow Permit # 16-1469 (1000 Mt Prospect Plz) 250.00 Pavement Systems Inc Refund Escrow Permit # 15-1272 (1910 S Busse Rd) 125.00 Payne, Ann T Refund Escrow Permit # 16-0617 (305 Russel St) 200.00 Perma Seal Basement Systems Refund Escrow Permit # 16-1238 (219 George St) 75.00 Peterson Contracting Services Inc Refund Escrow Permit # 15-0919 (1754 W Golf Rd) 600.00 Ponulak, Beverly Refund Wrong PO Box Payment 10/5/16 246.92 PowerLink Electric Refund Escrow Permit # 15-1771 (55 E Euclid Ave) 125.00 Prattipati, Gunadheer Refund Escrow Permit # 16-2273 (614 S Noah Ter) 125.00 Purofirst of Chicagoland Refund Escrow Permit # 16-0243 (719 Lams Ct) 75.00 Rajaram, Neelakantan Refund Escrow Permit # 16-1772 (1841 E Boulder Dr) 300.00 Randhurst Improvements LLC Refund Escrow Permit # 16-1385 (182 Randhurst Village Dr) 150.00 Rustic Wood Fencing and Decks Refund Escrow Permit # 16-1758 (1427 Park Dr) 150.00 Sample, William Refund Escrow Permit # 16-2120 (806 S I Oka Ave) 125.00 Schwarzbeck, Michael Refund Escrow Permit # 16-1480 (10 S Elm St) 200.00 Seasons Heating & Air Conditioning Inc Refund Escrow Permit # 16-1992 (523 E Lincoln St) 25.00 Shen, Michael Refund Escrow Permit # 16-0223 (325 W Prospect Ave) 450.00 Song Construction Refund Escrow Permit # 16-0034 (1132 S Elmhurst Rd) 175.00 Spirit Hallowen Refund Escrow Permit # 16-1269 (1000 Mt Prospect Plz) 125.00 Streamline Paving Inc Refund Escrow Permit # 15-1458 (1840 S Elmhurst Rd) 125.00 Tews, Justin Refund Escrow Permit # 16-1925 (122 S Pine St) 125.00 Third District Circuit Court Bond Check 11/15/16 1925.00 Tibbetts, Richard Timberbuilt Inc Ultimate Development & Renovation United Roofing Inc Village Sewer & Plumbing Volksbuilders Wade, Joan F Woodridge Deck and Gazebe X -Pert Landscaping 073 Escrow Deposit Fund Total Grand Total Bond Check 11/22/16 Bond Check 11/29/16 Refund Escrow Permit # 16-2317 (214 S We Go Trl) Refund Escrow Permit # 16-0602 (1712 Laurel Dr) Refund Escrow Permit # 15-1218 (200 N Emerson St) Refund Escrow Permit # 16-1646 (1406 S Circle Dr) Refund Escrow Permit # 16-2284 (311 Fairview Ave) Refund Escrow Permit # 16-0812 (1660 Wall St #400) Refund Escrow Permit # 16-0125 (200 S We Go Trail) Refund Escrow Permit # 16-1493 (214 Yates Ln) Refund Escrow Permit # 16-1852 (204 See Gwun Ave) 150.00 1,347.00 125.00 250.00 200.00 125.00 500.00 350.00 125.00 100.00 200.00 $ 46,749.23 $ 3,252,244.99 Page 12 of 12 Village Board Meeting - December 6, 2016 Page 34 of 578 Item VIII. B.: Motion to approve request for Facade and Interior Buildout Grant for Le Peep, 10 E. Northwest Highway, in an amount not to exceed $25,000 Department: Community Development Information: The Village has established the Fagade Rebate Program in the downtown Tax Increment Financing District that offers matching grants to businesses that make improvements to storefronts in the downtown district. The maximum Village contribution is $25,000 for restaurants. The owner of Le Peep, Mike Martin, has made significant upgrades to his establishment at 10 E. Northwest Highway in the downtown district. He completed significant electrical upgrades, installed new signage, flooring, and repainted the interior of the store. He is also proposing to replace the water heater and replace/retool the HVAC exhaust system. Mr. Martin is waiting on final bids for the HVAC project but has bids/invoices for the remainder of the work totaling $38,202. Le Peep is seeking reimbursement for up to $25,000 (final amount will depend on the HVAC costs) of eligible expenses related to this project. The Village currently has sufficient funds budgeted in account # 022.40.90.00.0.710.636.007 (page 296 of the Budget) for the 2016 budget year. Please forward this memorandum and attachments to the Village Board for their review and consideration at their December 6th meeting. Staff will be at that meeting to answer any questions related to this matter. Alternatives: 1. Approve motion supporting Le Peep's request for Facade and Interior Buildout grant funds. 2. Discretion of the Village Board. Budget Impact: Village Board Meeting - December 6, 2016 Page 35 of 578 Grant is supported by TIF funds. Recommendation: Staff recommends that the Village Board approve the requested grant. SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: COMMERCIAL BUSINESS DISTRICTS: Vibrant downtown and commercial areas ATTACHMENTS: Description D Application and budget Type Upload Date File Name Backup Material 11/30/2016 Le_Peep_application.pdf Village Board Meeting - December 6, 2016 Page 36 of 578 APPLICATION November 2012 C:\Documents and Settings\melmeten\Local Settings\Temporary Intemet Files\Content.Outlook\QTIPAR8K\DowntownGrantLrev2012 2.docx Village Board Meeting - December 6, 2016 Page 37 of 578 Case Number Telephone (day) FIIBo �. _ � ....... -,._ ... Project Address ..... �� ..._._...... & Name of Business c O z 0 D._._.... ate of Submission �O W Z 4z _ Neanng Date November 2012 C:\Documents and Settings\melmeten\Local Settings\Temporary Intemet Files\Content.Outlook\QTIPAR8K\DowntownGrantLrev2012 2.docx Village Board Meeting - December 6, 2016 Page 37 of 578 Name Telephone (day) Corporation �. Telephone (evening) z 0 E" Street Address Fax O P', Qy t....... State Zi Code ._. _ Mobile T L7, ZKi o ID O a Architect 's Name Address Telephone (day) fax I U Contractor's Name & Address Telephone (day) fax .................. Engineer's Name &Address (if applicable) Telephone (day) fax Landscape Architect's Name & Address (if applicable) Telephone (day) fax November 2012 C:\Documents and Settings\melmeten\Local Settings\Temporary Intemet Files\Content.Outlook\QTIPAR8K\DowntownGrantLrev2012 2.docx Village Board Meeting - December 6, 2016 Page 37 of 578 q Type of Request (Check all that apply) W F C? I_nterior Renovation aStat nllaty of Requested Action O , F U Q c;� Stre t Irian Common drtrs ( 2 e� w ( ) f r Stre t tk'^ Z........_.. Tax I.D. Number or County Assigned Pin Number(s) F Q 0 O .-0 ..._ _.� ............... .._......... _._... r1, Legal Description (see the plat of survey for the property) W F W rn November 2012 C:\Documents and Settings\melmeten\Local Settings\Temporary Internet Files\Content.Outlook\QT'IPARBK\ DowntownGrant_rev2012#2.docx Village Board Meeting - December 6, 2016 Page 38 of 578 APPLICANT AFFIDAVIT I have read and understand the terms of the Fagade Improvement Program and Interior Build- out Program and agree that all work performed in conjunction with the aforementioned programs must comply with all other Village regulations. Additionally, I understand and will comply with all annual sales tax reporting requirem Property Owner November 2012 C:\Documents and Settings\melmeten\Local Settings\Temporary Intemet Files\ Content.Outlook\QTIPARBK\ DowntownGrant-rev2Ol2#2.docx Village Board Meeting - December 6, 2016 Page 39 of 578 Scope of Refresh/Remodel Le Peep Cafe 10 E. Northwest Highway Mount Prospect, II Interior Painting — Paint and Supplies $ 2000.00 -Paint -Mural -Wood -Ceiling Tiles - Labor to do the job. $4000.00 -Painter -Wall paper installer -Designer Flooring- Replace entire carpeted area with one of the following: - Tobacco Plank — $4800.00 - Epoxy Floor Coating - (Kitchen Area) Tile In Back Hallway — Replace tile in back hallway - 2 x2 tile squares — 2200.00 Signage — Updating Exterior Signage — $ Retrofit Channel Letters Remove and properly dispose of existing lighting in Qty:(2) sets of channel mounted on raceways. Furnish all labor and materials to install new LED's in Qty:(2) sets of channel letters mounted on raceways hooked up to adequate existing electrical at displays. LEDs to carry a 5 -year manufacturer warranty and 1 -year Omega labor warranty. Price $ 2,692.00 Si Ie Face Circular Disl2lay - Back W@// Furnish labor and material to fabricate and install Qty:(1) 26" diameter LED illuminated circular display. Non -corrosive aluminum cabinet with polycarbonate face and premium vinyl graphics. Display to be flush mounted on back wall, hooked up to existing adequate electrical to be supplied by customer within 3' of display. LEDs to carry a 5 -year manufacturer warranty 1 -year Omega labor warranty Price: $2,250.00 Circular Loge Window 2LsSlays Remove and dispose of Qty:(2) existing window neon displays. Furnish labor and materials to fabricate and install Qty:(2) up to 26" diameter LED illuminated circular window handing displays. Non -corrosive aluminum cabinet with polycarbonate face and premium vinyl graphics to be installed inside of window facing out. Hooked up to existing adequate electrical to be brought to windows by others. LEDs to carry a 5 -year manufacturer warranty 1 -year Omega labor warranty Price: $3,760.00 Lighting Fixtures — 2000.00 estimated Water Heater— Replacement $14500.00 estimated - Expansion Tank $1200.00 Village Board Meeting - December 6, 2016 Page 40 of 578 HVAC — Replacement/Retool — Exhaust system Regarding the kitchen. From what I have seen the kitchen is always hot, year round, and the air conditioning has to run year round as well. This is common in many kitchens. What your location lacks, that many kitchens have, is what is called an 'economizer' or outdoor fresh air intake system. An Economizer is a large outdoor air intake that will draw in outside air when it is cool enough outside to cool the space. It is also referred as 'free cooling system'. This system is great for kitchens and for hot areas. There are many pros and cons to adding a system like this to the kitchen unit. The system is not cheap. 2. It will have to be engineered and large ductwork will have to be run from the outside to the return of the kitchen unit. 3. The entire kitchen system would have to be re -controlled and the logic would have to be installed for this. 4. The hot water coil would have to be disabled from the system. There are too many risks with leaving the hot water system intact for this unit (as we saw with the unit above the dishwasher when the freeze stat failed). 5. A system like this is really only beneficial when the weather outside is 60 degrees or less. Which is about 8 months out of the year and doesn't help in the summer. 6. The benefit is that it would cut down on your electric usage in the winter, not having the ac running constantly. 7. Another benefit is that there will be less wear and tear on your kitchen air conditioning system, 8. Another pro is that if your Ac goes down then at least you will have some ability to cool the space (at least In cooler weather). Cost for this is yet to me determined as Northeast Illinois Heating and Air is still calculating the amount and coming up with an action plan. Village Board Meeting - December 6, 2016 Page 41 of 578 Item VIII. C.: A RESOLUTION AUTHORIZING THE PAYMENT TO THE MOUNT PROSPECT PUBLIC LIBRARY UNDER THE TERMS OF A GROUND LEASE AGREEMENT Department: Village Manager's Office Information: In December 2002, the Village entered into a ground lease with the Mount Prospect Public Library to facilitate the construction of a multi-level parking structure. The parking structure was built partially on Library property and partially on Village property. The structure benefits both the Library and Village as well as the downtown business district. This resolution authorizes the payment to the Mount Prospect Public Library the annual lease amount pursuant to the agreement and reports on compliance for both the Village and Library with all material terms of the lease. The annual lease payment is $1.00. Alternatives: 1. Pass a resolution authorizing the annual lease payment of $1.00 to the Mount Prospect Public Library for property used for the Municipal Parking Garage. 2. Discretion of the Village Board. Budget Impact: Annual lease payment is $1.00. Recommendation: It is recommended that the Village Board pass the accompanying Resolution authorizing the annual lease payment to the Mount Prospect Public Library. SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: INFRASTRUCTURE: Well designed, well maintained public spaces and facilities ATTACHMENTS: Description Type Upload Date File Name Village Board Meeting - December 6, 2016 Page 42 of 578 Lease D agreement Resolution 11/28/2016 resolution Lease_pymt_Library VOMP_parking2016.pdf Village Board Meeting - December 6, 2016 Page 43 of 578 RESOLUTION NO. A RESOLUTION AUTHORIZING PAYMENT TO THE MOUNT PROSPECT PUBLIC LIBRARY UNDER THE TERMS OF A GROUND LEASE AGREEMENT WHEREAS, on November 6, 2002, the Village of Mount Prospect ("the Village") and the Mount Prospect Public Library ("the Library") entered into a Ground Lease Agreement (the "Lease") providing, among other things, for the Village to lease certain property ("Property") from the Library; and WHEREAS, the Village has caused its attorney and staff to review the terms of the Lease and the current status of the Property and its usage; and WHEREAS, the attorney and staff have reported that both the Village and the Library are in substantial compliance with all material terms of the Lease; and WHEREAS, the Mayor and Board of Trustees have determined that it is in the best interests of the Village and its residents to assure that there is continued compliance with the Lease. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the parties are in substantial compliance with all material terms of the Lease. SECTION TWO: That the Mayor and Board of Trustees authorize the Village Director of Finance to pay the Library such sums as are due pursuant to the Lease. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 6th day of December 2016. Arlene A. Juracek Mayor ATTEST: Karen M. Agoranos Deputy Village Clerk H:\CLKO\WIN\RESOLUTION\Lease pymt, Library & VOMP,parking2015.doc Village Board Meeting - December 6, 2016 Page 44 of 578 Item VIII. D.: A RESOLUTION FOR IMPROVEMENTS OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE Department: Public Works Department Information: Attached please find a resolution authorizing the appropriation of 2017 Motor Fuel Tax funds ($550,000) for the purpose of improving streets and highways within the Village of Mount Prospect. These funds will supplement $3,922,000 appropriated from the Street Construction Fund. A total of $4,472,000 ($3,922,000 from the Street Construction Fund and $550,000 from the Motor Fuel Tax Fund) is presently slated to fund street resurfacing work in 2017. The Illinois Department of Transportation routinely requires this type of resolution from all municipalities prior to expending Motor Fuel Tax funds. Alternatives: 1. Pass a resolution for improvement by municipality under the Illinois Highway Code. 2. Discretion of the Village Board. Budget Impact: This resolution does not require the expenditure of Village funds. Recommendation: Staff recommends that the Village Board pass a resolution for improvement by municipality under the Illinois Highway Code. SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: INFRASTRUCTURE: Well designed, well maintained public spaces and facilities Village Board Meeting - December 6, 2016 Page 45 of 578 ATTACHMENTS: Description D Attachment A Type Upload Date File Name Resolution 11/28/2016 BLR 09111-2017.pdf Village Board Meeting - December 6, 2016 Page 46 of 578 Illinois Department Resolution for Improvement by I Municipality Under the Illinois of Transportation Highway Code BE IT RESOLVED, by the Mayor and Board of Trustees of the Council or President and Board of Trustees Village of Mount Prospect Illinois City, Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To 2017 Street Resurfacing Prgm (various) (various) (various) BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of HMA Surface Removal, Leveling Binder (Machine Method), 1.5" HMA Surface Course Curb and Gutter Replacement, HMA and PCC Driveway Repairs, PCC Sidewalk Replacement, Drainage Str. Repairs and shall be constructed n.a. and be designated as Section 17 -00165 -00 -RS 2. That there is hereby appropriated the (additional ❑ Yes ® No) sum of Five Hundred Fifty Thousand wide Dollars ( $550,000.00 ) for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by Contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. Approved Date Department of Transportation Regional Engineer Printed 11/28/2016 Village of Mount City, Town or Village County of Cook Clerk in and for the , hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Mayor and Board of Trustees Council or President and Board of Trustees at a meeting on Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of (SEAL) City, Town, or Village Clerk BLR 09111 (Rev. 11/06) Village Board Meeting - December 6, 2016 Page 47 of 578 Item VIII. E.: A RESOLUTION FOR THE MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE Department: Public Works Department Information: Attached is a Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code (BLR 14230) in the amount of $930,071.00. This Resolution is required by the Illinois Department of Transportation before the Village can expend Motor Fuel Tax funds in 2017. Each year, the Village Board is asked to pass a resolution like this to authorize the appropriation of Motor Fuel Tax funds for specified maintenance work. The following services and commodities from the proposed 2017 budget are included in this resolution: Account No. 041.80.83.86.0.357.577.002 041.80.81.81.0.354.624.009 041.80.81.81.0.354.575.011 041.80.83.86.0.357.588.001 041.80.81.81.0.354.575.002 041.80.81.81.0.354.575.004 Alternatives: Item Traff is Signal Maintenance Salt & Calcium Chloride Budget $94,031.00 $471,518.00 Snow Removal $79,591.00 Electricity $162,365.00 Crack Filling $56,771.00 Pavement Markings $65,795.00 TOTAL $930,071.00 1. Pass a resolution authorizing the appropriation of 2017 Motor Fuel Tax funds for Village Board Meeting - December 6, 2016 Page 48 of 578 the maintenance of streets ana nignways. 2. Discretion of the Village Board. Budget Impact: This proposed resolution does not require the expenditure of Village funds. Recommendation: Staff recommends that the Village Board pass a resolution authorizing the appropriation of 2017 Motor Fuel Tax funds for the maintenance of streets and highways. SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: INFRASTRUCTURE: Well designed, well maintained public spaces and facilities ATTACHMENTS: Description Tvae D Attachment B _ Cover Memo Estimate Attachment A D I DOT Resolution Resolution Form Upload Date 11/28/2016 11/30/2016 File Name blr 14231.pdf blr 14230.pdf Village Board Meeting - December 6, 2016 Page 49 of 578 Illinois Department of Transportation Maintenance Period January 1, 2017 Municipal Estimate of Maintenance Costs Local Public Agency: Mount Prospect County: Cook to December 31, 2017 Section Number: 17 -00000 -01 -GM Estimated Cost of Maintenance Operations Maintenance Operation No. Descri tion Maint. GroupReq[Item For Group I, IIA, IIB, or III Est Total Operation Cost Insp. Unit Item Unit I Quantlt Price Cost Traffic Signal Maintenance 2B Routine Traffic Signal Maintenance LS 1 $19,995.00 $19,995.00 2B Non -Routine Traffic Signal Maintenance LS 1 $14,005.00 $14,005.00 2B Emergency Traffic Signal Maintenance LS 1 $13,531.00 $13,531.00 1 Village Share IDOT/County Intersections LS 1 $46,500.00 $46,500.00 $94,031.00 Snow & Ice Control 1 Salt Ton 6900 $44.08 $304,152.00 1 Geomelt/Calcium Chloride Gal 211,855 $0.79 $167,366.00 2B Snow Removal LS 1 $79,591.00 $79,591.00 $551,109.00 Electricity 1 LS 1 $162,365.00 $162,365.00 $162,365.00 Pavement Maintenance 2B Crack Seal Pavement Lbs 47,707 $1.19 $56,771.00 $56,771.00 Pavement Markings 2B 1 4" Line - Truck Installed LF 90,000 $0.09 $8,100.00 4" Line - Hand Installed LF 27,000 $0.28 $7,560.00 6" Line LF 20,000 $0.60 $12,000.00 12" Line LF 16,000 $1.10 $17,600.00 24" Line LF 2200 $1.65 $3,630.00 Letters & Symbols SF 4690 $2.50 $11,725.00 Removal SF 1300 $0.56 $728.00 Replace Reflector Lens EA 321 $12.00 $3,852.00 Replace Reflector unit EA 20 $30.00 $600.00 $65,795.00 Total Estimated Maintenance Operation Cost $930,071.00 Estimated Cost MFT Portion Other Funds Preliminary Engineering $0.00 Maintenance $930,071.00 $930,071.00 $0.00 Engineering Inspection $0.00 Maint Eng $0.00 $0.00 $0.00 Material Testing $0.00 Totals: $930,071.00 $930,071.00 $0.00 Advertising $0.00 Bridge Inspections $0.00 Total Estimated Maintenance Engineering Cost $0.00 Total Estimated Maintenance Cost $930,071.00 Submitted: Municipal Official Date Vi Title Approved: Regional Engineer Date BLR 1423 1(Rev 02/18/14) Village Board Meeting - December 6, 2016 Page 50 of 578 (t Illinois Department Resolution for Maintenance of I� Streets and Highways by Municipality of Transportation Under the Illinois Highway Code BE IT RESOLVED, by the Mayor and Board of Trustees of the (Council or President and Board of Trustees) Village of Mount Prospect Illinois, that there is hereby (City, Town or Village) (Name) appropriated the sum of $930,071.00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from January 1, 2017 (Date) to December 31, 2017 (Date) BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department , a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Schaumburg Illinois. Karen Aqoranos of Mount Prospect , County of Clerk in and for the Village (City, Town or Village) Cook hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Mayor and Board of Trustees at a meeting on (Council or President and Board of Trustees) IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this (SEAL) Approved December 6, 2016 Date day of Village Clerk (City, Town or Village) Regional Engineer Department of Transportation Date BLR 14230 (Rev. 07/15/13) Village Board Meeting - December 6, 2016 Page 51 of 578 Item VIII. F.: Waive the rule requiring two readings of an ordinance and adopt an ORDINANCE AMENDING CHAPTER 18 ENTITLED "TRAFFIC" OF THE VILLAGE CODE OF MOUNT PROSPECT Department: Public Works Department Information: The Transportation Safety Commission transmits their recommendation to prohibit parking during school hours along the south side of Lonnquist Boulevard between Deborah Lane and Kennicott Place. Attachment A depicts the affected area. Attachment B contains germane Transportation Safety Commission meeting minutes. A resident petition of 31 signatures was submitted to the Village earlier this year to prohibit parking during school hours on the south side of Lonnquist Boulevard across from School District 59's Early Learning Center. The Village and residents were led to believe there would not be long-term parking on Lonnquist Boulevard with the opening of the Early Learning Center in 2015. However, throughout the 2015-2016 school year parked vehicles near the intersecting streets made it difficult for motorists turning onto Lonnquist Boulevard to see cross traffic. There was also a loss of on -street parking for nearby residents and their visitors because of the parked vehicles. At the end of school year nearby residents perceived the on -street parking as a nuisance and safety issue, and requested a change. There are currently no daytime parking regulations along Lonnquist Boulevard per the Village Code. Observations by the Public Works Department Engineering Division (Engineering Division) in the spring revealed approximately 5 parked vehicles on the south side and 10 parked vehicles on the north side of Lonnquist Boulevard during the school day. The parking lot in front of the Early Learning Center was typically full. The parking lot in front of Holmes Junior High School had 3 — 5 open spaces. The parking lot along the west side of the school had 12 — 20 open spaces. And the parking lot behind Forest View Elementary School had 12 — 20 open spaces. Village Board Meeting - December 6, 2016 Page 52 of 578 With parking allowed on the street, the staff observed parents and students crossing between vehicles at unmarked locations. Staff also observed the difficulty for motorists turning onto Lonnquist Boulevard from Deborah Lane and Kennicott Place because of the sight obstruction caused by parked vehicles. Both issues affect the safety of pedestrians and motorists. As part of the study, nearby residents and the school district were notified of the request to prohibit parking during school hours along the south side of Lonnquist Boulevard. Residents agreed that motorists should park in one of the school lots and not on the south side of Lonnquist Boulevard. The issue was presented at the July 11, 2016 Transportation Safety Commission Meeting. The petitioner and two other residents were in attendance. The Commission asked the Engineering Division to continue dialogue with School District 59 to minimize on -street parking during the upcoming school year. They agreed parking should be prohibited on the south side of the street in the interest of safety. Parking on the north side of Lonnquist Boulevard would still be permitted because of low safety issues and the concern prohibiting parking would potentially result in on -street parking on side streets such as Deborah Lane and Kennicott Place. In moving forward, the Commission recommended that the appropriate signs be installed prior to the start of the school year at the Village Manager's authority before presenting the item to the Village Board of Trustees for ordinance. The Engineering Division committed to observing traffic at the start of the school year and react to any new parking issues that may arise and require immediate action. This included, with the residents' feedback, expanding the parking prohibition along the south side of Lonnquist Boulevard or addressing new issues on Kennicott Place or Deborah Lane. Once the parking issues had been satisfactorily addressed through signage, the item would be presented to the Village Board of Trustees for ordinance. The Engineering Division contacted School District 59 before the start of the school year and they agreed to take steps to minimize on -street parking during the school day. With the Village Manager's approval, Public Works installed signs in mid- August and the Engineering Division has since observed traffic on several occasions. On a typical school day, there are no parked vehicles on the south side of Lonnquist Boulevard and the side streets. There are approximately five parked vehicles on the north side of Lonnquist Boulevard. The Engineering Division has not observed any safety issues and has not received any complaints from nearby residents. The petitioner was recently contacted and responded there have not been any traffic issues this school year on Lonnquist Boulevard or the side streets. The parking prohibition doesn't need to be expanded based on our observations and feedback from the petitioner. The Commission's recommendation can now be considered by the Village Board of Trustees. Village Board Meeting - December 6, 2016 Page 53 of 578 By a vote of 9-0, the Transportation Safety Commission recommends the following: prohibit stopping, standing, parking on the south side of Lonnquist Boulevard between Deborah Lane and Kennicott Place on school days from 7:00am to 4:00pm (Section 18.2009C). Alternatives: 1. Enact and ordinance prohibiting stopping, standing, and parking on the south side of Lonnquist Boulevard between Deborah Lane and Kennicott Place on school days between 7:00 AM and 4:00 PM. 2. Discretion of the Village Board. Budget Impact: The proposed action does not require the expenditure of Village funds. No budgetary impact is anticipated. Recommendation: The Transportation Safety Commission recommends passage of an ordinance that prohibits stopping, standing, and parking on the south side of Lonnquist Boulevard between Deborah Lane and Kennicott Place on school days between 7:00 AM and 4:00 PM. SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: ATTACHMENTS: Description Type Upload Date File Name D AttachmentA_ Location Map Cover Memo 11/20/2016 vb recommendation map.pdf — — Attachment B _ D Safety Commission Cover Memo 11/20/2016 TSC july16min.pdf Minutes D ord Ordinance 11/28/2016 CH_18_LONNQUIST2016.pdf Village Board Meeting - December 6, 2016 Page 54 of 578 WOMEN 61120 1 � ft I lllli 1 " VILLAGE OF MOUNT PROSPECT M Y Ik 11" o int Prosptxt Director Sean P. Dorsey Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 MINUTES OF THE MOUNT PROSPECT TRANSPORTATION SAFETY COMMISSION CALL TO ORDER Deputy Director Jason H. Leib The regular meeting of the Mount Prospect Transportation Safety Commission was called to order at 7:01 p.m. on Monday, July 11, 2016. Traffic Engineer Lawrie explained to the Commission that a temporary Chairperson was necessary to lead the meeting this evening. Commissioner Keane had recently completed his term as Chairperson and the Mayor was in the process of selecting a new Chairperson. It is expected that a new Chairperson will be in place before the next meeting. Vice Chair Bencic would have lead this evening's meeting but retired last month. At the next meeting the Commission will vote for a new Vice Chair. Commissioner Keane, seconded by Commissioner Morgan, moved to nominate Commissioner Kuehlthau to lead the meeting. Commissioner Kuehlthau accepted the nomination. The nomination was approved by a vote of 9-0. Rnl i cm i Present upon roll call Absent: Robert Fisher John Keane Justin Kuehlthau Jill Morgan Christopher Prosperi Carol Tortorello Bob Smith Dane Phenegar Scott Moe Matt Lawrie None Others in Attendance: See attendance sheet Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Police Department Representative Fire Department Representative Public Works Department Representative Traffic Engineer — Staff Liaison TSC Meeting Page 1 of 7 July 11, 2016 Village Board Meeting - December 6, 2016 Page 56 of 578 APPROVAL OF MINUTES Commissioner Fisher, seconded by Commissioner Keane, moved to approve the minutes of the regular meeting of the Transportation Safety Commission held on February 8, 2016. The minutes were approved by a vote of 7-0 with Commissioner Prosperi and Superintendent Moe abstaining. CITIZENS TO BE HEARD Louis Goodman, 310 N. School Street, asked the Commission to consider removing the turn restrictions along Rand Road at its intersection with Henry Street, Louis Street and Isabella Street. Mr. Goodman provided a brief history of the subject that began 20 years ago when the neighborhood submitted a 150 signature petition to limit access along Rand Road in order to reduce cut through traffic. Mr. Goodman was originally a supporter of the turn restrictions but now sees them as an inconvenience. He has spoken with a small group of neighbors who feel the same way and would like the Village to review the issue again. Jerry Bolt, 300 N. School Street, believes the turn restriction signs should remain as it has improved safety in the neighborhood. After some discussion, Commissioner Keane suggested Mr. Goodman clarify the specific changes he would like to see and collect signatures from the neighborhood. The Commission agreed that the number of signatures should be similar to the original petition before they are willing to formally review the issue again. Traffic Engineer Lawrie said he would summarize the conversation in an email to Mr. Goodman to assist him with next steps. Ken Brey, 13 N. Pine Street, identified four uncontrolled crosswalks across Central Road between Busse Road and Owen Street. The bicyclist fatality brought him to the meeting tonight to ask what steps can be done to improve safety at all of the crosswalks along Central Road. He suggested reducing the number of crossings as well as reducing the speed limit along Central Road from 35 mph to 30 mph. The Commission discussed if the Village has the authority to reduce the speed limit on a State road. Traffic Engineer Lawrie said the Village can request IDOT to perform a speed limit study. Commissioner Kuehlthau, seconded by Commissioner Keane, moved to formally request that IDOT consider lowering the speed limit along Central Road to 30 mph from Busse Road to Mount Prospect Road. The motion was approved by a vote of 9-0. Eric Jakubowski, 805 E. Prospect Avenue, wished to discuss the Central -Weller crosswalk and what steps the Village was taking since the fatality of his wife (bicyclist). Commander Smith responded that the Police Department investigation continues and could not provide any further information at this time. Traffic Engineer Lawrie said Village staff has met with IDOT and will continue to have discussions about possible next steps. The public will be notified when the issue will be discussed at a future Commission meeting. At Mr. Jakubowski's request, Traffic Engineer Lawrie provided a brief history about the project and its purpose. Mr. Jakubowski reiterated his belief that the crossing is not safe for pedestrians and bicyclists. OLD BUSINESS None TSC Meeting Page 2 of 7 July 11, 2016 Village Board Meeting - December 6, 2016 Page 57 of 578 NEW BUSINESS A. LONNQUIST BOULEVARD PARKING STUDY 1) Background Information The resident at 800 Kennicott Place submitted a petition with 31 signatures to prohibit parking (Monday—Friday, 9:00am-5:00pm) on the south side of Lonnquist Boulevard across from School District 59's Early Learning Center and Holmes Junior High School. School district officials led residents, Village staff, the Planning & Zoning Commission, and the Village Board of Trustees to believe there would not be long-term parking on Lonnquist Boulevard with construction of the Early Learning Center. Parked vehicles on Lonnquist Boulevard near the intersecting streets can make it difficult for motorists turning onto Lonnquist Boulevard to see cross traffic. There is a loss of on -street parking for nearby residents and their visitors because of the parked vehicles. Nearby residents perceive the on -street parking as a nuisance. Current Traffic Regulations 1. Parking is prohibited between 2:00am and 6:00pm on all Village streets. 2. Besides the overnight parking ban, there are no other parking regulations on Kennicott Place, Deborah Lane or Lonnquist Boulevard. 3. The speed limit on the neighborhood streets is 25 mph. 4. There is a school speed limit of 20 mph on Lonnquist Boulevard adjacent to the Early Learning Center and Holmes Junior High School. 5. The intersecting streets along Lonnquist Boulevard are controlled with STOP signs. Lonnquist Boulevard is uncontrolled and has free flow between Meier Road and Crestwood Lane. Current Layout 1. Lonnquist Boulevard at Deborah Lane is approximately 40' wide (back -of -curb to back -of - curb). Lonnquist Boulevard widens to approximately 55' wide (back -of -curb to back -of -curb) between Deborah Lane and Kennicott Place. 2. There is an eastbound left turn lane on Lonnquist Boulevard at the Early Learning Center entrance. 3. The nearby intersecting streets including Kennicott Place and Deborah Lane are approximately 30' wide (back -of -curb to back -of -curb). 4. On -street parking is permitted on both sides of Lonnquist Boulevard and the nearby intersecting streets. 5. The newly constructed Early Learning Center has a one-way entrance near Kennicott Place and a one-way exit near Deborah Lane. The parking lot has 44 spaces. 6. Holmes Junior High School has two parking lots. One near Lonnquist Boulevard has 35 parking spaces. One along the west side of the building has 67 parking spaces. 7. Forest View Elementary School is north of the Early Learning Center with access from Estates Drive. There are 58 spaces in the parking lot. A sidewalk connects the parking lot to the Early Learning Center. Current Traffic Conditions 1. The Early Learning Center, which serves preschool age children, opened at the start of the 2015-2016 school year adjacent to Holmes Junior High School. Prior, the district owned land TSC Meeting Page 3 of 7 July 11, 2016 Village Board Meeting - December 6, 2016 Page 58 of 578 was vacant. On -street parking on Lonnquist Boulevard was minimal before opening of the Early Learning Center. 2. The school day at Holmes begins at 7:45am and ends at 2:50pm. Drop-off and pick-up by parents occurs on Lonnquist Boulevard. Buses load and unload students off-street in the parking lot. 3. School staff parks in both parking lots at Holmes. There are also available parking spaces for visitors. 4. The morning session at the Early Learning Center begins at 8:15am and ends at 10:45am. The afternoon session begins at 12:00pm and ends at 2:30pm. Drop-off and pick-up by parents primarily occurs in the off-street lane in front of the school. Some parents, however, choose to park on Lonnquist Boulevard and walk their child to and from the school. There is no bus service. 5. School staff parks in the parking lot at the Early Learning Center as well as both sides of Lonnquist Boulevard. With the parking lot full during the school day, visitors park on the street. 6. Lonnquist Boulevard is a collector street and experiences approximately 1400 vehicles per day. It is wide enough to maintain two-way traffic with parking on both sides of the street. 2) Observations 1. The Engineering staff observed both on -street and off-street parking on multiple occasions in the area. 2. During the school day, the south side of Lonnquist Boulevard between Deborah Lane and Kennicott Place experienced 1— 5 parked vehicles. 3. During the school day, the north side of Lonnquist Boulevard between Deborah Lane and Crestwood Lane experienced 5 —12 parked vehicles. 4. During the school day, Lonnquist Boulevard west of Deborah Lane only experienced 1 -2 parked vehicles. 5. During the school day, Kennicott Place experienced 0 -2 parked vehicles near the intersection of Lonnquist Boulevard. These vehicles may or may not have been associated with the Early Learning Center. 6. The Engineering staff did not observe any parked vehicles on Deborah Lane or Carol Lane near their intersection with Lonnquist Boulevard. 7. During the school day, the parking lot in front of the Early Learning Center was typically full. The parking lot in front of Holmes Junior High School had 3 — 5 open spaces. The parking lot along the west side of the building had 12 — 20 open spaces. The parking lot behind Forest View Elementary School had 12 — 20 open spaces. 8. There does not appear to be an on -street parking concern in the evenings, on weekends, or during the summer months. 3) Resident/Business Survey As part of the study, surveys were sent to 36 residential properties in the area as well as School District 59 to solicit their input on this issue. A total of 11 surveys were returned (the school district did not respond). All acknowledged the parking problem on Lonnquist Boulevard. Many commented the parked vehicles should move to the west parking lot adjacent to Holmes. Some expressed difficulties with turning onto Lonnquist Boulevard because of parked vehicles blocking the view of cross traffic. Some expressed concern prohibiting parking on Lonnquist Boulevard would shift parking to other residential streets such as Kennicott Place, Deborah Lane and Carol Lane. TSC Meeting Page 4 of 7 July 11, 2016 Village Board Meeting - December 6, 2016 Page 59 of 578 4) Recommendation School district officials and project managers at the October 23, 2014 Planning & Zoning Commission Meeting and the November 5, 2014 Village Board Meeting indicated that adequate parking would be provided on school property and there would not be an impact on the neighborhood. During the last school year, the Village Engineering staff on multiple occasions contacted School District 59 requesting they have all staff and visitors park in one of the four off-street parking lots. This was done in response to resident complaints. Unfortunately, the parking concerns persisted to the last day of school. The resident petition was received by the Village soon after in an attempt to resolve the parking issue prior to the start of the next school year. Based on the Engineering staff's observations, there are ample parking spaces in the west parking lot at Holmes and parking lot at Forest View to accommodate the parked vehicles on Lonnquist Boulevard during the school day. However, it appears the inconvenience of a longer walk to the Early Learning Center results in school staff and parents parking on Lonnquist Boulevard. The Engineering staff recommends that dialogue continues between the Village and School District 59 to eliminate or minimize long-term parking on Lonnquist Boulevard during the school day. The optimal solution is to relocate the street parking to the available off-street parking spaces. By doing so, the school district keeps their commitment to the Village that construction of the Early Learning Center will not impact neighborhood traffic. Even if street parking is minimized on Lonnquist Boulevard during the school day, there are still two safety concerns raised by nearby residents. First, students and parents do not consistently use the designated crosswalk and walk between cars. Second, parked vehicles near intersections can make it difficult for motorists on Kennicott Place and Deborah Lane to see cross traffic on Lonnquist Boulevard. Both concerns affect the safety of pedestrians and motorists. For these reasons, the Engineering staff recommends that stopping, standing, parking be prohibited on the south side of Lonnquist Boulevard between Deborah Lane and Kennicott Lane on school days from 7:00am to 4:00pm. This parking prohibition is recommended regardless if street parking is minimized on Lonnquist Boulevard. Additionally, it is recommended that signs be installed prior to the start of the school year at the Village Manager's authority before presenting the item to the Village Board of Trustees for ordinance. The Engineering staff will observe traffic at the start of the school year and react to any new parking issues that may arise and require immediate action. This may include, with the residents' feedback, expanding the parking prohibition along the south side of Lonnquist Boulevard or addressing new issues on Kennicott Place or Deborah Lane. Once the parking issues have been satisfactorily addressed through signage, the item will be presented to the Village Board of Trustees for ordinance. 2) Discussion Commissioner Kuehlthau introduced the item and invited the audience to comment on the topic. Colleen Bonica, 800 Kennicott Place, circulated the petition in the neighborhood. She expressed safety concerns for both residents trying to access Lonnquist Boulevard and for children crossing the street at unmarked locations. TSC Meeting Page 5 of 7 July 11, 2016 Village Board Meeting - December 6, 2016 Page 60 of 578 Rose Marie Jordt, 806 Deborah Lane, also expressed safety concerns for residents trying to access Lonnquist Boulevard during the school day. She compared the traffic increase on Lonnquist Boulevard since the opening of the Early Learning Center to Golf Road. She requested that resident -only parking signs be posted on Deborah Lane. Commissioner Kuehlthau asked if permit parking was an option. Traffic Engineer Lawrie and Commander Smith commented that public streets can be used by anyone and as a matter of policy Mount Prospect does not permit resident -only parking. Walter Jordt, 806 Deborah Lane, commented that school staff and visitors should park in the lot on the west side of Holmes Junior High School. There are open spaces. Commissioner Kuehlthau asked Traffic Engineer Lawrie to present the Engineering Division's report. Traffic Engineer Lawrie provided the Commission with background information on this issue and stated the Engineering Division's recommendations. Commissioner Keane questioned if the Village should also restrict parking on the north side of Lonnquist Boulevard. Traffic Engineer Lawrie responded that this may cause school staff and visitors to park on the side streets such as Kennicott Place. Commander Smith said the Village typically permits parking on the school side of the street as students would not have to cross the street. Commissioner Prosperi suggested extending the parking restriction on Lonnquist Boulevard east of Kennicott Place to improve the sight line for residents turning onto Lonnquist Boulevard. It would also prevent vehicles from parking close to the crosswalk. The Commission then discussed extending the parking restriction west of Deborah Lane for the same reasons. The Commission discussed the importance of the school district to encourage staff and visitors to park in the off-street lots. This will minimize the parking issues seen on Village streets. They asked that Village staff continue to work with the school district prior to the start of the next school year. The Commission supported restricting parking on Lonnquist Boulevard in the interest of safety. Traffic Engineer Lawrie said the Engineering Division would monitor on -street parking at the start of the school year and react to any new issues observed by residents and/or Village staff. Commissioner Keane made a recommendation to approve the following: 1. Continue dialogue with School District 59 to minimize on -street parking. 2. Prohibit stopping, standing, parking on the south side of Lonnquist Boulevard between Deborah Lane and Kennicott Place on school days from 7:00am to 4:00pm. 3. Prohibit parking at all times on the south side of Lonnquist Boulevard for the first 20' west of the crosswalk at Deborah Lane and the first 20' east of the crosswalk at Kennicott Place. 4. Observe traffic at the beginning of the school year and react to any new issues. 5. Present the item for ordinance to the Village Board of Trustees. The motion was seconded by Commissioner Tortorello. The motion was approved by a vote of 9-0. Commissioner Tortorello requested the Police Department monitor on -street parking near the Early Learning Center at the start of the next school year. TSC Meeting Page 6 of 7 July 11, 2016 Village Board Meeting - December 6, 2016 Page 61 of 578 COMMISSION ISSUES Commissioner Keane mentioned that he's noticed an increase in overnight parking on Harvest Lane, Catino Court and other nearby streets. Commander Smith said the Police Department will investigate the situation. Commissioner Keane was appreciative of the recent road resurfacing work done in his neighborhood. He said there is a road construction sign at Callero Circle and Catino Court that has not been picked up. Traffic Engineer Lawrie said he would notify the contractor. ADJOURNMENT With no further business to discuss, the Transportation Safety Commission voted 9-0 to adjourn at 8:43 p.m. upon the motion of Commissioner Keane. Commissioner Fisher seconded the motion. Respectfully submitted, Matthew P. Lawrie, P.E. Traffic Engineer h:\engineers ng\t raffi c\safety_c om m ission\re cs& m in s\TS C -j u I yl 6m in. n.docx TSC Meeting Page 7 of 7 July 11, 2016 Village Board Meeting - December 6, 2016 Page 62 of 578 VILLA TRANSPORTATION ATTENDANCE SHEET July 11, 2016 NAME ADDRESS mttJ 1, �C h� ^� 20 3 NTMOSPECT MISSION MEETING + e H J-,,dj 8 ® � 5, J.a � b wA L t C�Ic �6 s- 1�f p, b �0 t� j /-�b 01 �� �� l� k/� -vim IL PHONE NUMBER Village Board Meeting - December 6, 2016 Page 63 of 578 1[01:1911LI1_10[411140 AN ORDINANCE AMENDING CHAPTER 18 ENTITLED "TRAFFIC" OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That Section 18.2009.C, "SCHEDULE IX — " PARKING DURING SCHOOL HOURS' of Chapter 18 of the Village Code of Mount Prospect, as amended, is further amended by inserting the following: "Name of Street Side of Street Lonnquist Blvd South Between Hours of Schooldays 7:OOam to 4:OOpm Description Btw. Deborah Lane and Kennecott Place SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 6T" day of December, 2016. Arlene A. Juracek, Mayor ATTEST: Karen M. Agoranos, Deputy Village Clerk Village Board Meeting - December 6, 2016 Page 64 of 578 Item VIII. G.: Waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY OWNED BY THE VILLAGE OF MOUNT PROSPECT Department: Finance Information: During the past year, the Village has accumulated an inventory of surplus personal property that is no longer utilized. This surplus includes equipment that has been replaced with new purchases. Attached is a detailed list of the items (Attachment A) to be declared surplus and an ordinance that authorizes the sale of these items. The only item included is a Pitney Bowes refurbished bill inserter with a reserve value of $250. All items will be sold utilizing the GovDeals.com Internet auction site. Staff has utilized GovDeals.com to dispose of surplus personal property for the past five (5) years. To date, the Village has sold 79 items garnering $321,000 in revenue. It is the opinion of staff that this revenue stream is 10-20% higher than comparable sales at a live auction. Revenues generated by the sale of surplus equipment are deposited as miscellaneous revenue in the General Fund. Alternatives: 1. Pass an ordinance authorizing the sale of surplus personal property owned by the Village of Mount Prospect. 2. Discretion of the Village Board. Budget Impact: This proposed ordinance does not require the expenditure of Village funds. Recommendation: Staff recommends that the Village Board pass an ordinance authorizing the sale of surplus personal property specified in Attachment A and owned by the Village of Mount Prospect. Village Board Meeting - December 6, 2016 Page 65 of 578 SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: GOVERNANCE: Financially sound, providing exceptional service. ATTACHMENTS: Description Type Upload Date Exhibit A - D Suprlus Exhibit 11/30/2016 Equipment Listing Ordinance for D Sale of Surplus Ordinance 11/30/2016 Equipment File Name Copy_of_Exhibit A.pdf Ord inance_Sale_of Personal_Property.pdf Village Board Meeting - December 6, 2016 Page 66 of 578 Exhibit A ITEM TO BE PLACED FOR AUCTION THROUGH GOVDEALS ON-LINE AUCTION Qty. Item Description Serial # Stations Reserve Amount Method of Sale 1 Pitney Bowes Model DI 400 3 Series Inserter (Refurbished) 7010/37 1 2 document / 1 insert $250 GovDeals.com Village Board Meeting - December 6, 2016 Page 67 of 578 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY OWNED BY THE VILLAGE OF MOUNT PROSPECT WHEREAS, pursuant to Section 11-76-4 of the Illinois Municipal Code (65 IL,CS 5111- 76-4), the Corporate Authorities of the Village of Mount Prospect may dispose of personal property owned by the Village when, in the opinion of a simple majority of the Corporate Authorities, such property is no longer necessary or useful to, or for the best interests of, the Village; and WHEREAS, President and Board of Trustees of the Village of Mount Prospect deem it no longer necessary, useful or in the best interests of the Village to retain the personal property described in Exhibit A, which is attached hereto and incorporated herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF ITS HOME RULE POWER: SECTION ONE: The personal property, described in Exhibit A, is declared to be surplus personal property because it is no longer necessary, useful or in the best interests of the Village to retain. SECTION TWO: The Village Manager, or his designee, is authorized to dispose of the Surplus Property in the manner described in Exhibit A. SECTION THREE: 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: NAYS: ABSENT: Arlene A. Juracek Mayor ATTEST: Karen Agoranos Deputy Village Clerk Village Board Meeting - December 6, 2016 Page 68 of 578 Item VIII. H.: Waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE AMENDING PERMIT PARKING RATES SET FORTH IN APPENDIX A, DIVISION II OF THE VILLAGE CODE OF MOUNT PROSPECT Department: Finance Information: The Village of Mount Prospect currently offers annual permit parking spaces in the Wille Street Parking Lot to residents and businesses. PerAppendixA, Division II of Village Code Section 18.1327, the current rates are: Business: $ 90.00/year Residential: $ 360.00/year The Wille Street Parking Lot is utilized by Prospect Avenue businesses for employee parking and remaining spots are available to residents as commuter parking. To be consistent with the parking rate increase from $30.00 to $40.00 per month for the Mount Prospect Commuter Lot which took effect in May 2016, it is our recommendation to increase the cost of the Wille Street Parking rates to the following: Business: $ 120.00/year Residential: $ 480.00/year The rate increase would be the first in the Wille Street annual parking rate for businesses in 11 years. The residential rate was last increased in 2014 when the lot changed from leased to permit parking . Alternatives: 1. Approve ordinance authorizing the proposed Wille Street Lot permit parking rates. 2. Discretion of the Village Board. Budget Impact: Village Board Meeting - December 6, 2016 Page 69 of 578 Revenue generated from Wille Street Lot parking permits are deposited into the Village Parking System Fund. Recommendation: It is recommended the Village Board pass the accompanying ordinance adopting the proposed Wille Street Lot parking rates. SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: GOVERNANCE: Financially sound, providing exceptional service. ATTACHMENTS: Description Type Upload Date File Name Wille Street Backup D Parking Lot Material 12/1/2016 Wille_Street_Parking_Lot_Location_Map.pdf Location Map D Wille Street Ordinance 11/30/2016 Wille Street Rate Ordinance.pdf Ordinance — — — Village Board Meeting - December 6, 2016 Page 70 of 578 ORDINANCE NO. AN ORDINANCE TO AMEND PERMIT PARKING RATES SET FORTH IN APPENDIX A, DIVISION II OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Village of Mount Prospect is a home rule municipality as defined by Article VII, § 6 of the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire to make certain amendments to the Village Code of Mount Prospect as set forth below; and WHEREAS, pursuant to the authority granted under the Illinois Municipal Code and in accordance with home rule authority granted to home rule municipalities, the President and Board of Trustees of the Village of Mount Prospect approve the amendments as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Appendix A, Section 18.1327 "Permit Parking Zones" to Division II, "Fees Rates and Taxes" to Chapter 18 "Traffic", of the Mount Prospect Village Code, shall be amended to read in its entirety as follows: Section 18.1327: Permit Parking Zones: C.1. Annual permit fee: $120.00. 2. Annual permit fee: $480.00. SECTION TWO: 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: NAYS: ABSENT: PASSED and APPROVED this day of 12016. Arlene A. Juracek, Mayor ATTEST: Karen Agoranos, Deputy Village Clerk Village Board Meeting - December 6, 2016 Page 72 of 578 Item VIII. I.: Waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE TO AMEND CHAPTER 17 "VEHICLE LICENSES" AND APPENDIX A, DIVISION II OF THE VILLAGE CODE OF MOUNT PROSPECT Department: Finance Information: The Village of Mount Prospect vehicle license period is from May 1 through April 30. The Village currently applies three separate late penalties throughout the year for the delinquent purchase of licenses: May 1 — June 30: 50% of license fee July 1 —August 31: 75% of license fee AfterAugust 31: 100% of license fee Each time the late penalties change: 1. It is necessary to coordinate with the software vendor updates for each individual cost code; the online system is unavailable to the public during this time. 2. Residents often request penalty exceptions requiring significant staff time and attention. I n addition, staff feels the delinquent fee schedule is overly punitive to the resident who attempts to comply with the sticker requirement. Residents who move into the Village of Mount Prospect or purchase a new vehicle after April 30th and do not purchase a sticker within the 30 -day allowance are also subject to a late fee. The fee is calculated based upon the length of time over the 30 -day allowance to determine whether the resident is in the first, second, or third penalty phase. Substantiation is required to calculate the appropriate fee, making it necessary for the resident to provide the dated proof -of -purchase or lease. This process can become very cumbersome. A survey of eight neighboring municipalities indicates that six apply a single late fee, two apply a second late fee and none of those surveyed apply a third late fee. To eliminate the issues noted above and operate more efficiently, it is our suggestion to replace the current three escalating vehicle license late fees with one late fee of 50%. The estimated lost revenue is $14,300 based on prior year late fees that were assessed. The relatively small amount of lost revenue pales in comparison to the good will generated between residents and the Village by making this change. The Village of Mount Prospect also will assess a "Transfer" sticker for residents who change vehicles throughout the year. The current fee for a transfer sticker is $5.00. The code requires that the original sticker be surrendered or proof of destruction provided before a transfer may be issued. Based upon feedback from our residents, the sticker material will change in 2017 from a non -transferable permanent TSF Mylar material to a transferable Reinforced Mylar with less adhesive. Since the change in sticker material will make it easier to remove and reapply, it is our recommendation to eliminate the requirement for a "Transfer' sticker and permit residents to move a sticker to a replacement vehicle provided they notify the Village of vehicle or license plate number changes. The estimated lost revenue based on prior year transfers is $5,100. Alternatives - Village Board Meeting - December 6, 2016 Page 73 of 578 Pass an ordinance authorizing the change in the delinquent fee schedule and eliminate the vehicle sticker transfer fee. 2. Discretion of the Village Board Budget Impact: Estimated annual impact to revenue is a reduction of $19,400 to the Street Improvement Construction Fund. Recommendation: Staff recommends that the Village Board pass an ordinance amending the Village Code eliminating the sticker transfer fee and adjusting the delinquent fee schedule. SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: GOVERNANCE: Financially sound, providing exceptional service. ATTACHMENTS: Description Type Upload File Name Date Vehicle Sticker Cover Memo - 11/30/2016 Recommendations Memo Vehicle_Sticker Delinquent_Fees_and_Elimination_of_Transfers_09.29.16.pdf Ordinance Amending Vehicle Ordinance 11/30/2016 VS_Late_Fee_Ordinance.pdf Sticker Code Village Board Meeting - December 6, 2016 Page 74 of 578 Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: DAVID O. ERB, FINANCE DIRECTOR FROM: CLAIRE A. WHEATLEY, CUSTOMER SERVICE SUPERVISOR DATE: SEPTEMBER 29, 2016 SUBJECT: REQUEST TO CHANGE VEHICLE STICKER DELINQUENT FEE SCHEDULE AND ELIMINATE VENICE STICKER TRANSFER FEE Vehicle Sticker Delinquent Fees: The Village of Mount Prospect vehicle license period is from May 1 through April 30. The Village currently applies three separate late penalties throughout the year for the delinquent purchase of licenses: May 1 — June 30: 50% of license fee July 1 — August 31: 75% of license fee After August 31: 100% of license fee Each time the late penalties change: • It is necessary to coordinate with Third Millennium Associates, the disabling of the vehicle sticker program for a period of time to manually perform the updates for each individual cost code; the online system is unavailable to the public during this time. • Residents request penalty exceptions since they are only days over the deadline for the previous fee. Residents who move into the Village of Mount Prospect or purchase a new vehicle after April 30th and do not purchase a sticker within the 30 -day allowance are subject to a late fee. The fee is calculated based upon the length of time over the 30 -day allowance to determine whether the resident is in the first, second, or third penalty phase. Substantiation is required to calculate the appropriate fee, making it necessary for the resident to provide the dated proof -of -purchase or lease. A survey of eight neighboring municipalities indicates that six apply just a single late fee, two apply a second late fee and none of those surveyed apply a third late fee. To eliminate the issues noted above and operate more efficiently, it is my suggestion to replace the current three escalating vehicle license late fees with one late fee of 50%. The estimated lost revenue is $14,300 based on prior year late fees that were assessed. Village Board Meeting - December 6, 2016 Page 75 of 578 Transfers: The Village of Mount Prospect Village Code 17.109 requires a "Transfer" sticker for residents who change vehicles throughout the year. The current fee for a transfer sticker is $5.00. The code requires that the original sticker be surrendered or proof of destruction provided before a transfer may be issued. Based upon feedback from our residents, the sticker material will change in 2017 from a non -transferable permanent TSF Mylar material to a transferable Reinforced Mylar with less adhesive. Since the change in sticker material will make it easier to remove and reapply, it is my recommendation to eliminate the requirement for a "Transfer" sticker and permit residents to move a sticker to a replacement vehicle provided they notify the Village of vehicle or license plate number changes. The estimated lost revenue based on prior year transfers is $5,100. With your concurrence, may we present this to the Mayor and Board of Trustees for their consideration? Copy: Lynn M. Jarog, Deputy Finance Director Village Board Meeting - December 6, 2016 Page 76 of 578 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 17 "VEHICLES LICENSES" AND APPENDIX A, DIVISION II OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Village of Mount Prospect is a home rule municipality as defined by Article VII, § 6 of the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire to make certain amendments to the Village Code of Mount Prospect as set forth below; and WHEREAS, pursuant to the authority granted under the Illinois Municipal Code and in accordance with home rule authority granted to home rule municipalities, the President and Board of Trustees of the Village of Mount Prospect approve the amendments as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Section 17.107 "License Year; Time of Payment; Late Payment Penalty" of Chapter 17 "Vehicle Licenses", of the Mount Prospect Village Code, shall be removed and replaced in its entirety to read in its entirety as follows: 17.107: LICENSE YEAR; TIME OF PAYMENT; LATE PAYMENT PENALTY: License fees shall be due and payable on or before April 30, and shall expire on April 30 following the date of issuance. If, after the date license fees become due and payable, a person acquires a vehicle or becomes a resident of the village or if one of the exceptions set forth in section 17.102 of this article ceases to exist, then the license fees provided for in section 17.103 of this article shall be due and payable within thirty (30) days after such vehicle is acquired or new residency is established, or the section 17.102 of this article exception ceases to exist. Where the said fee becomes due and payable six (6) months or more after the start of the license year, then the license shall be issued for the remainder of the year upon payment of one-half (1/2) of the fee provided for in section 17.103 of this article. A late fee will be required in addition to all the license fees provided for in section 17.103 of this article by all persons who purchase the license after the date as set forth in this section. The late payment fee schedule is as follows: Fifty percent (50%) of license fee if purchased after April 30. Village Board Meeting - December 6, 2016 Page 77 of 578 SECTION TWO: Section 17.108 "Plates and Windshield Sticker" of Chapter 17 "Vehicle Licenses", of the Mount Prospect Village Code, shall be removed and replaced in its entirety to read in its entirety as follows: 17.108: Plates and Windshield Sticker: A. Each applicant, upon payment of the fee, shall be given a license plate or windshield sticker of such design and material as may be approved by the president and board of trustees. Any such license plate shall be fastened in a prominent place on the front of the vehicle at all times it is in the village. Any such windshield sticker shall be affixed in the lower right hand corner (passenger side) on the inside of the glass part of the windshield of such motor vehicles, approximately one inch (1") from the right and lower section of the frame of such windshield, at all times it is in the village. Except as otherwise provided in this article, no license or sticker issued hereunder shall be transferred from the vehicle for which it was issued to any other vehicle without prior notification to and approval of the clerk. B. The due date for display of current village windshield stickers shall be on May 1 of each year. SECTION THREE: Section 17.109 "Transfer" of Chapter 17 "Vehicle Licenses", of the Mount Prospect Village Code, shall be removed and replaced in its entirety to read in its entirety as follows: 17.109: TRANSFER: A. Whenever the owner of any vehicle licensed under this chapter, before the expiration of such license, sells or otherwise disposes of such vehicle, and thereafter acquires another vehicle, such owner shall immediately make application to the village treasurer for a transfer of said vehicle license to the newly purchased vehicle. Said application shall state the name and address of the licensee and the name and address of the purchaser of said vehicle, together with a description of the newly purchased vehicle. 1. Upon surrender of the original license and transparent sticker, or vehicle tag in case a metal tag has been issued, or upon proof that the transparent sticker or plate has been destroyed, the village treasurer shall issue a new license to apply to the newly acquired vehicle. 2. It shall be unlawful for any person to display a transparent sticker emblem on any vehicle other than the vehicle for which the emblem was originally issued. B. The owner of any vehicle licensed under this chapter shall promptly notify the village treasurer and the police department whenever the transparent sticker emblem issued under such license is lost, stolen or destroyed. SECTION FOUR: Appendix A, Section 17.108 "Plates and Windshield Sticker" to Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code, shall be amended by deleting Section 17.108 from Appendix A in its entirety. SECTION FIVE: Appendix A, Section 17.109 "Transfer" to Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code, shall be amended by deleting Section 17.109 from Appendix A in its entirety. Village Board Meeting - December 6, 2016 Page 78 of 578 SECTION SIX: 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: NAYS: ABSENT: PASSED and APPROVED this day of 12016. Arlene A. Juracek, Mayor ATTEST: Karen Agoranos, Deputy Village Clerk Village Board Meeting - December 6, 2016 Page 79 of 578 Item VIII. J.: Waive the rule requirig two readings of an ordinance and adopt AN ORDINANCE TO AMEND WATER AND SEWER RATES SET FORTH IN APPENDIX A, DIVISION II OF THE VILLAGE CODE Department: Finance Information: To present for the Board's consideration an ordinance increasing the Village's combined water and sewer utility rate. The Village continues to follow the practice of approving moderate annual increases to the combined water and sewer rate, as opposed to implementing large increases periodically. The 2017 Budget includes a 4.0% increase in this combined rate. The increase in water and sewer rates for 2016 was 5.0%. Adjustments to the utility rate had previously ranged from 9.0% to 9.5% in response to the series of significant rate increases imposed by the City of Chicago. The four-year rate schedule from Chicago that commenced in 2012 reflected annual increases of 25% in year one and 15% for years two through four. Future increases in the cost of water purchased from Chicago are expected to range between 4.0% and 5.0%. The following table illustrates the recommended rates as reflected in the proposed ordinance. Inside Village Current Rate Per 1,000 Gallons Proposed Rate Per 1,000 Gallons Percent Change Water $8.84 $9.19 4.0% Sewer $1.71 $1.78 4.0% Combined $10.55 $10.97 4.0% Outside Village Current Rate Per 1,000 Gallons Proposed Rate Per 1,000 Gallons Percent Change Water $17.68 $18.38 4.0% Sewer $1.71 $1.78 4.0% Combined $19.39 $20.16 4.0% Village Board Meeting - December 6, 2016 Page 80 of 578 For sewer users not connected to the Village's water system, whether located inside or outside the Village, the monthly charge per dwelling unit will increase 4.0% to $4.76. Based on the proposed utility rate structure, if a Mount Prospect household uses 8,000 gallons of water during a one-month period, their monthly water and sewer usage fee would be $92.76. This is an increase of $3.36 from the current rate. No increase is being proposed for the monthly sewer construction fee or monthly availability charge assessed customers outside of Special Service Area No. 5. The monthly sewer construction fee remains at $5.00 while for most customers, those with a 5/8" water line, the monthly availability charge will remain at $10.00. Recommendation: It is recommended the Village Board approve the attached ordinance increasing the water and sewer utility rate effective for bills rendered on or after January 1, 2017. SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: GOVERNANCE: Financially sound, providing exceptional service. ATTACHMENTS: Description Type Upload File Name Date Water and D Sewer Rate Ordinance 11/29/2016 2017_Water_and_Sewer_Rate_Increase_Ordinance.pdf Ordinance Village Board Meeting - December 6, 2016 Page 81 of 578 ORDINANCE NO. AN ORDINANCE TO AMEND WATER AND SEWER RATES SET FORTH IN APPENDIX A, DIVISION II OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Village of Mount Prospect is a home rule municipality as defined by Article VII, § 6 of the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire to make certain amendments to the Village Code of Mount Prospect as set forth below; and WHEREAS, pursuant to the authority granted under the Illinois Municipal Code and in accordance with home rule authority granted to home rule municipalities, the President and Board of Trustees of the Village of Mount Prospect approve the amendments as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Appendix A, Section 9.410 "Water Rates" to Division II "Fees, Rates and Taxes" to Chapter 9 "Public Utilities, Pavement and Tree Regulations" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: Sec. 9.410 WATER RATES: The following rates are effective for water bills rendered on or after January 1, 2017: A. All village water users within the village, having a direct or indirect connection with village water mains or pipes: $9.19 per 1,000 gallons of water consumed or portion thereof. All village water users outside the corporate limits of the village having a direct or indirect connection with village water mains or pipes: $18.38 per 1,000 gallons of water consumed or portion thereof. All village water users located outside the boundaries of Special Service Area Number 5 shall pay an additional monthly availability charge based upon the size of the water meter as follows: 5/8 inch meter $ 10.00 3/4 inch meter $ 15.00 1 inch meter $ 30.00 1 1/2 inch meter $ 50.00 2 inch meter $ 90.00 3 inch meter $150.00 4 inch meter $250.00 6 inch meter $475.00 8 inch meter $990.00 B. Hookup charge for water furnished by the truckload: $10.00. Village Board Meeting - December 6, 2016 Page 82 of 578 SECTION TWO: Appendix A, Section 9.507 "Sewer Rates" to Division II "Fees, Rates and Taxes" to Chapter 9 "Public Utilities, Pavement and Tree Regulations" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: Sec. 9.507 SEWER RATES: The following rates are effective for sewer bills rendered on or after January 1, 2017: C. All village sewer users within the corporate limits of the village having a direct or indirect connection with the village sewer and water mains or pipes: $1.78 per 1,000 gallons of water consumed or portion thereof. All village sewer users within the corporate limits of the village having a direct or indirect connection with the village's sewer mains or pipes and not with the village water mains or pipes: $4.76 per month per dwelling unit. All village sewer users outside the corporate limits of the village having a direct or indirect connection with the village's water and sewer mains or pipes: $1.78 per 1,000 gallons of water consumed or portion thereof. All village sewer users outside the corporate limits of the village having a direct or indirect connection with the village's sewer mains or pipes, but not with village water mains or pipes: $4.76 per month per dwelling unit. SECTION THREE: 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: NAYS: ABSENT: PASSED and APPROVED this day of 12016. Arlene A. Juracek, Mayor ATTEST: Karen Agoranos, Deputy Village Clerk Village Board Meeting - December 6, 2016 Page 83 of 578 Item X. A.: Department: PUBLIC HEARING SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: ATTACHMENTS: Description Type Upload Date D Public hearing Exhibit 12/1/2016 notice File Name Tax levy_public_hearing_notice.pdf Village Board Meeting - December 6, 2016 Page 84 of 578 Village Board Meeting - December 6, 2016 Page 85 of 578 Item X. B.: 1st reading of AN ORDINANCE AUTHORIZING THE LEVYAND COLLECTION OF TAXES FOR THE CORPORATE AND MUNICIPAL PURPOSES OF THE VILLAGE OF MOUNT PROSPECT FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 Department: Finance Information: The Village Board discussed the proposed 2016 tax levy multiple times during the past year, most recently at the Village Board meeting of November 15, 2016. The proposed levy presented by staff provides for a 2.27% increase over the 2015 levy and totals $18,727,573. A table showing the allocation for the proposed 2016 levy is included with this write-up. Abatements reduce the gross 2016 levy by $1,252,301. The source of funds for abatements to debt service come from an interest credit on the 2009C Bonds totaling $42,000 and home rule sales taxes (flood control) totaling $396,956. The source of funds for abatement of the two pension fund levies totaling $840,345 is the General Fund. After some discussion, staff was asked to return with two alternative 2016 levies. The first alternative reflects a 1.0% increase over the prior year levy. The levy amount for this alternative totals $18,495,881, a reduction of $231,692 from the original proposed levy. The second alternative reflects a flat levy, no increase from the prior year. The levy amount for this alternative totals $18,312,756, a reduction of $414,817 from the original proposed levy. General Fund monies would be needed to make up for the reduction in property tax revenue if one of these alternative levies were approved. The Village's 2015 equalized assessed valuation (EAV) is $1,354,550,848. Our total 2016 EAV is estimated to increase approximately 8.0% from the prior year to $1,462,899,811. Growth in the base EAV is projected at 4.0% using historical trends while approximately $54 million in new growth, or an additional 4.0%, is expected from the recent annexations. The final 2016 EAV will not be available until summer 2017. Using the projections for EAV, the Village's 2016 tax rate is estimated at $1.280, compared to the 2015 rate of $1.352. The Library's 2016 tax rate is estimated at $0.760, compared to the 2015 rate of $0.801. Village Board Meeting - December 6, 2016 Page 86 of 578 For illustration purposes only, a home with an EAV of $97,161 will pay taxes of $1,167 in 2017 to the Village of Mount Prospect and $693 to the Library for the levy extended in 2016. Based on the assumptions used for EAV growth and changes in the tax rate and state multiplier, the Village portion of the levy for a typical home will see a decrease of $15 while a decrease in the Library portion of the levy of $7 is expected. Please note that these amounts will vary based on eligible tax reductions for homeowner or senior exemptions or senior assessment freezes. Alternatives: 1. Pass an ordinance authorizing the 2016 property tax levy to reflect an increase of 2.27% over the prior year. 2. Select an alternative levy and utilize General Fund reserves to make up for the reduction in property tax revenue. Recommendation: It is recommended the Village Board approve the 2016 property tax levy reflecting an increase of 2.27% over the prior year. SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: GOVERNANCE: Financially sound, providing exceptional service. ATTACHMENTS: Description D Proposed 2016 Levy Summary D Public Hearing Presentation D Corporate Levy Ordinance Type Upload Date File Name Backup Material 11/30/2016 Propose d_2016_Levy_Summary.pdf Presentation 12/1/2016 Public Hearing_Presentation_- _Tax_Levy_-_2016.pdf Ordinance 12/1/2016 Corp orate_Levy_-_2016.pdf Village Board Meeting - December 6, 2016 Page 87 of 578 VILLAGE OF MOUNT PROSPECT AND THE MOUNT PROSPECT PUBLIC LIBRARY PROPOSED 2016 PROPERTY TAX LEVY MOUNT PROSPECT PUBLIC LIBRARY Library Operations 9,325,246 0 9,325,246 186,505 9,511,751 Library Debt Service 1,579,150 0 1,579,150 31,583 1,610,733 Total Library 10,904,396 0 10,904,396 218,088 11,122,484 TOTAL - VILLAGE OF MOUNT PROSPECT AND PUBLIC LIBRARY 30,517,063 1,252,301 29,264,762 585,295 29,850,057 SPECIAL SERVICE AREA NO. 5 1,515,464 0 1,515,464 30,309 1,545,773 Total Levy Amount Increase Over Prior Year 2015 2016 18,312,756 18,727,573 414,817 2.27% Village Board Meeting - December 6, 2016 Page 88 of 578 2% Net Provision Total 2016 2016 Loss and 2016 VILLAGE OF MOUNT PROSPECT Levy Abatement Levy Costs Extension Police Protection 4,933,773 0 4,933,773 98,675 5,032,448 Fire Protection 5,107,773 0 5,107,773 102,155 5,209,928 Police Pension Fund 3,742,725 391,625 3,351,100 67,022 3,418,122 Firefighters' Pension Fund 3,143,320 448,720 2,694,600 53,892 2,748,492 Debt Service Funds 2,685,076 411,956 2,273,120 45,463 2,318,583 Total Village 19,612,667 1,252,301 18,360,366 367,207 18,727,573 MOUNT PROSPECT PUBLIC LIBRARY Library Operations 9,325,246 0 9,325,246 186,505 9,511,751 Library Debt Service 1,579,150 0 1,579,150 31,583 1,610,733 Total Library 10,904,396 0 10,904,396 218,088 11,122,484 TOTAL - VILLAGE OF MOUNT PROSPECT AND PUBLIC LIBRARY 30,517,063 1,252,301 29,264,762 585,295 29,850,057 SPECIAL SERVICE AREA NO. 5 1,515,464 0 1,515,464 30,309 1,545,773 Total Levy Amount Increase Over Prior Year 2015 2016 18,312,756 18,727,573 414,817 2.27% Village Board Meeting - December 6, 2016 Page 88 of 578 Public Hearing Notice — 2016 Property Tax Levy Corporate and Special Purpose Levy - Village and Library Special Service Area #5 �w, 2016 Levy Abatements Lib stimated Tax Bill or Home with a $97,161 EAV 0 I n� s Nra,-k� Pr vas„P �f�000)n nn evy Alternatives evy Alternatives . /l'N!1 A ['Y !1 !1'W 7!1'N 1"1'N1 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE LEVY AND COLLECTION OF TAXES FOR THE CORPORATE AND MUNICIPAL PURPOSES OF THE VILLAGE OF MOUNT PROSPECT FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the day of , 2016 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois the day of , 2016. Village Board Meeting - December 6, 2016 Page 99 of 578 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE LEVY AND COLLECTION OF TAXES FOR THE CORPORATE AND MUNICIPAL PURPOSES OF THE VILLAGE OF MOUNT PROSPECT FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 NOW, THEREFORE, BE IT ORDAINED BY THE President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: Section 1: That the sum of Twenty -Nine Million Two -Hundred Sixty -Four Thousand Seven Hundred Sixty -Two Dollars ($29,264,762) the same being the total amount to be levied of budget appropriations heretofore made for the corporate and municipal purposes for the fiscal year beginning January 1, 2016 and ending December 31, 2016 as approved by the President and Board of Trustees of the Village of Mount Prospect, be and the same is hereby levied on all taxable property within the Village of Mount Prospect according to the valuation of said property as is, or shall be assessed or equalized by the State and County purposes for the current year 2016. Section 2: The budgetary appropriations having been made by the President and Board of Trustees of the Village of Mount Prospect were passed and approved by Ordinance No. 6229 at a meeting hereof regularly convened and held in said Village of Mount Prospect, Illinois, on the 15th day of December, 2015, and amended by Ordinance No. 6243 passed and approved on the 19th day of April, 2016, and thereafter duly published according to law, the various objects and purposes for said budgetary appropriations are heretofore made and set forth under the column entitled "Amount Budgeted", and the specific amount herein levied for each object and purpose is set forth under the column entitled "Amount Levied", in Articles I through VI. 1 Village Board Meeting - December 6, 2016 Page 100 of 578 VILLAGE OF MOUNT PROSPECT, ILLINOIS 2016 TAX LEVY ARTICLE I -POLICE PROTECTION Amount Amount Budgeted Levied Personal Services 9,923,193 4,933,773 Employee Benefits 5,613,884 0 Other Employee Costs 181,697 0 Contractual Services 1,579,187 0 Utilities 42,664 0 Commodities & Supplies 140,924 0 Office Equipment 42,695 0 Other Equipment 19,500 0 Total Police Department 17,543,744 4,933,773 TOTAL BUDGET FOR POLICE PROTECTION 17,543,744 AMOUNT TO BE RAISED BY TAX LEVY 4,933,773 ADD 2% FOR LOSS & COST OF COLLECTION 98,675 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR POLICE PROTECTION 5,032,448 ARTICLE II -FIRE PROTECTION Personal Services 8,167,001 5,107,773 Employee Benefits 4,536,617 0 Other Employee Costs 189,960 0 Contractual Services 1,110,539 0 Utilities & Insurance 34,190 0 Commodities & Supplies 44,195 0 Other Expenditures 178,000 0 Building Improvements 10,400 0 Office Equipment 250 0 Other Equipment 139,835 0 Total Fire Department 14,410,987 5,107,773 TOTAL BUDGET FOR FIRE PROTECTION 14,410,987 AMOUNT TO BE RAISED BY TAX LEVY 5,107,773 ADD 2% FOR LOSS & COST OF COLLECTION 102,155 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR FIRE PROTECTION 5,209,928 2 Village Board Meeting - December 6, 2016 Page 101 of 578 VILLAGE OF MOUNT PROSPECT, ILLINOIS 2016 TAX LEVY Amount Amount Budgeted Levied ARTICLE III - DEBT SERVICE FUND 00 Debt Service 00 00 510 G.O. Bonds - Series 2009 Bond Principal 0 0 Interest Expense 417,262 417,262 Bank and Fiscal Fees 1,000 0 Total G.O. Bonds - Series 2009 418,262 417,262 00 00 511 G.O. Bonds - Series 2009B Bond Principal 320,000 320,000 Interest Expense 61,275 61,275 Bank and Fiscal Fees 1,000 0 Total G.O. Bonds - Series 2009B 382,275 381,275 00 00 512 G.O. Bonds - Series 2009C Bond Principal 75,000 75,000 Interest Expense 130,842 88,842 Bank and Fiscal Fees 1,000 0 Total G.O. Bonds - Series 20090 206,842 163,842 00 00 514 G.O. Bonds - Series 201 IB Bond Principal 715,000 715,000 Interest Expense 75,096 75,096 Bank and Fiscal Fees 0 0 Total G.O. Bonds - Series 2011B 790,096 790,096 00 00 515 G.O. Bonds - Series 2012 Bond Principal 0 0 Interest Expense 54,096 54,095 Bank and Fiscal Fees 0 0 Total G.O. Bonds - Series 2012 54,096 54,095 00 00 516 G.O. Bonds - Series 2013 Bond Principal 0 0 Interest Expense 369,956 0 Bank and Fiscal Fees 1,000 0 Total G.O. Bonds - Series 2012 370,956 0 00 00 517 G.O. Bonds - Series 2014 Bond Principal 305,000 305,000 Interest Expense 161,550 161,550 Bank and Fiscal Fees 1,000 0 Total G.O. Bonds - Series 2012 467,550 466,550 3 Village Board Meeting - December 6, 2016 Page 102 of 578 VILLAGE OF MOUNT PROSPECT, ILLINOIS 2016 TAX LEVY 00 00 650 IEPA Loans Amount Amount Budgeted Levied Loan Principal 188,903 0 Loan Expense 8,355 0 Bank and Fiscal Fees 0 0 Total IEPA Loans 197,258 0 00 00 659 Flood Installment Loan Commodities & Supplies Loan Principal 420,000 0 Loan Expense 13,878 0 Total IEPA Loans 433,878 0 TOTAL BUDGET FOR DEBT SERVICE FUND 3,321,213 AMOUNT TO BE RAISED BY TAX LEVY 2,273,120 ADD 2% FOR LOSS & COST OF COLLECTION 45,463 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR DEBT SERVICE FUND 2,318,583 ARTICLE IV - POLICE PENSION FUND 00 Police Pensions Pension Benefits 4,642,976 3,351,100 Contractual Services 163,100 0 Insurance 15,000 0 Commodities & Supplies 100 0 Other Expenditures 12,000 0 Total Police Pensions 4,833,176 3,351,100 TOTAL BUDGET FOR POLICE PENSION FUND 4,833,176 AMOUNT TO BE RAISED BY TAX LEVY 3,351,100 ADD 2% FOR LOSS & COST OF COLLECTION 67,022 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR POLICE PENSION FUND 3,418,122 E Village Board Meeting - December 6, 2016 Page 103 of 578 VILLAGE OF MOUNT PROSPECT, ILLINOIS ARTICLE V - FIREFIGHTERS' PENSION FUND 00 Fire Pensions 2016 TAX LEVY Amount Amount Budgeted Levied Pension Benefits 4,734,831 2,694,600 Contractual Services 139,100 0 Insurance 15,000 0 Commodities & Supplies 1,000 0 Other Expenditures 12,000 0 Total Firefighters' Pensions 4,901,931 2,694,600 TOTAL BUDGET FOR FIREFIGHTERS' PENSION FUND 4,901,931 AMOUNT TO BE RAISED BY TAX LEVY 2,694,600 ADD 2% FOR LOSS & COST OF COLLECTION 53,892 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR FIREFIGHTERS' PENSION FUND 2,748,492 ARTICLE VI - MOUNT PROSPECT LIBRARY FUND 90 Mount Prospect Library Library Expenditures 9,304,400 9,325,246 Bond Principal 1,375,000 1,375,000 Interest Expense 204,150 204,150 Total Library Services 10,883,550 10,904,396 TOTAL BUDGET FOR MOUNT PROSPECT LIBRARY FUND 10,883,550 AMOUNT TO BE RAISED BY TAX LEVY - Library Expenditures 9,325,246 AMOUNT TO BE RAISED BY TAX LEVY - Bond Principal and Interest 1,579,150 ADD 2% FOR LOSS & COST OF COLLECTION 218,088 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR MOUNT PROSPECT LIBRARY FUND 11,122,484 f.1 Village Board Meeting - December 6, 2016 Page 104 of 578 VILLAGE OF MOUNT PROSPECT, ILLINOIS 2016 TAX LEVY SUMMARY Cil Village Board Meeting - December 6, 2016 Page 105 of 578 Amount Total to be Raised Amount Tax Levy Amount by for Loss Incl. Loss Article Fund Budgeted Tax Levy and Cost and Cost I Police Protection $ 17,543,744 4,933,773 98,675 5,032,448 11 Fire Protection 14,410,987 5,107,773 102,155 5,209,928 III Debt Service 3,321,213 2,273,120 45,463 2,318,583 IV Police Pension 4,833,176 3,351,100 67,022 3,418,122 V Firefighters' Pension 4,901,931 2,694,600 53,892 2,748,492 Village Totals 45,011,051 18,360,366 367,207 18,727,573 VI Mount Prospect Library Library Services 9,304,400 9,325,246 186,505 9,511,751 Library Debt Service 1,579,150 1,579,150 31,583 1,610,733 Library Totals 10,883,550 10,904,396 218,088 11,122,484 Village and Library Totals $ 55,894,601 29,264,762 585,295 29,850,057 Cil Village Board Meeting - December 6, 2016 Page 105 of 578 Section 3: The sum of $385,000 is budgeted to be received from personal property replacement tax revenue during the fiscal year commencing January 1, 2016 and ending December 31, 2016 and has been included herein as funds to be derived from sources other than property taxes for general obligation bonds and interest, pensions, library services and general corporate purposes. Section 4: That the County Clerk is directed to add 2% to the requested tax levy as a provision for loss and cost. Section 5: That the Village Clerk of the Village of Mount Prospect is hereby directed to certify a copy of this Ordinance and is hereby authorized and directed to file a copy of the same with the County Clerk of Cook County, Illinois, within the time specified by law. Section 6: That, if any part or parts of this Ordinance shall be held to be unconstitutional or otherwise invalid, such constitutionality or invalidity, shall not affect the validity of the remaining parts of this Ordinance. The President and Board of Trustees of the Village of Mount Prospect hereby declares that they would have passed the remaining parts of the Ordinance of they had known that such parts or parts thereof would be declared unconstitutional or otherwise invalid. Section 7: That this Ordinance shall be in full force and effect from and after its passage, approval, publication in pamphlet form and recording, as provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this day of December, 2016. ATTEST: Karen Agoranos, Deputy Village Clerk 7 Arlene A. Juracek, Mayor Village Board Meeting - December 6, 2016 Page 106 of 578 Item X. C.: 1st reading of AN ORDINANCE AUTHORIZING THE LEVYAND COLLECTION OF TAXES FOR THE MUNICIPAL PURPOSES OF SPECIAL SERVICE AREA NUMBER FIVE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 Department: Finance Information: Special Service Area No. 5 was created in the mid -eighties to help fund the delivery of Lake Michigan water to the Village's water system. It is recommended the 2016 levy remain the same as the 2015 levy ($1,545,773). This levy will discontinue with the 2017 levy as the authority to levy is set to expire per state statute (35 years). Alternatives: 1. Pass an ordinance authorizing the Special Service Area No. 5 levy. 2. Discretion of the Village Board. Budget Impact: Approximately $1.5 million in property tax revenue to support water and sewer operations. Recommendation: It is recommended the Village Board approve the attached 2016 levy ordinance for Special Service Area No. 5. SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: GOVERNANCE: Financially sound, providing exceptional service. ATTACHMENTS: Description Type Upload Date File Name Special_Service_Area #5_ - Village Board Meeting - December 6, 2016 Page 107 of 578 SSA# 5 Ordinance Ordinance 12/1/2016 _2016.pdf Village Board Meeting - December 6, 2016 Page 108 of 578 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE LEVY AND COLLECTION OF TAXES FOR THE MUNICIPAL PURPOSES OF SPECIAL SERVICE AREA NUMBER FIVE OF THE VILLAGE OF MOUNT PROSPECT FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the day of , 2016 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois the day of , 2016. Village Board Meeting - December 6, 2016 Page 109 of 578 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE LEVY AND COLLECTION OF TAXES FOR THE MUNICIPAL PURPOSES OF SPECIAL SERVICE AREA NUMBER FIVE OF THE VILLAGE OF MOUNT PROSPECT FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 NOW THEREFORE, BE IT ORDAINED BY THE President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois: Section l: That the sum of One Million Five Hundred Fifteen Thousand Four Hundred Sixty -Four Dollars ($1,515,464), the same being the total amount to be levied of budget appropriations heretofore made for the municipal purposes for the fiscal year beginning January 1, 2016, and ending December 31, 2016, as approved by the President and Board of Trustees of the Village of Mount Prospect, be and the same is hereby levied on all taxable property within the Special Service Area Number 5 of the Village of Mount Prospect according to the valuation of said property as is, or shall be, assessed or equalized by State and County purposes for the current year 2016. The budgetary appropriations having been made by the President and Board of Trustees of the Village of Mount Prospect were passed and approved by Ordinance No. 6229 at a meeting hereof regularly convened and held in said Village of Mount Prospect, Illinois, on the 151' day of December, 2015, and amended by Ordinance No. 6243 passed and approved on the 191' day of April, 2016, and thereafter duly published according to law, the various objects and purposes for said budgetary appropriations were heretofore made are set forth under the column entitled "Amount Budgeted," and the specific amount herein levied for each object and purpose is set forth under the column entitled "Amount Levied" in Article I. Section 2: That the County Clerk is directed to add 2% to the requested tax levy as a provision for loss and cost. Section 3: That the Village Clerk of the Village of Mount Prospect is hereby directed to certify a copy of this Ordinance and is hereby authorized and directed to file a copy of the same with the County Clerk of Cook County, Illinois, within the time specified by law. Section 4: That, if any part of this Ordinance shall be held to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity, shall not affect the validity of the remaining parts of this Ordinance. The President and Board of Trustees of the Village of Mount Prospect hereby declares that they would have passed the remaining parts of the Ordinance if they had known that such part or parts thereof would be declared unconstitutional or otherwise invalid. Village Board Meeting - December 6, 2016 Page 110 of 578 Section 5: That this Ordinance shall be in full force and effect from and after its passage, approval, publication in pamphlet form and recording, as provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of , 2016 ATTEST: Karen Agoranos, Deputy Village Clerk 2 Arlene A. Juracek, Mayor Village Board Meeting - December 6, 2016 Page 111 of 578 ARTICLE I - SPECIAL SERVICE AREA NO. 5 050 Lake Water Acquisition 570.001 SSA 45 JAWA Water 570.004 SSA 45 JAWA Fixed Costs TOTAL APPROPRIATED FOR SPECIAL SERVICE AREA NO. 5 LAKE WATER ACQUISITION AMOUNT TO BE RAISED BY TAX LEVY ADD 2% FOR LOSS AND COST OF COLLECTION TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR SPECIAL SERVICE AREA NO. 5 Article I - Special Service Area No. 5 SUMMARY Amount Amount to Budgeted be Levied 6,378,000 1,515,464 Amount Amount Budgeted Levied 5,165,000 1,197,822 1,213,000 317,642 6,378,000 1,515,464 30,309 1,545,773 Amount for Total Tax Loss & Cost Levy 30,309 1,545,773 Village Board Meeting - December 6, 2016 Page 112 of 578 Item X. D.: 1st reading of AN ORDINANCE TO ABATE A PART OF THE TAXES LEVIED FOR CORPORATE AND MUNICIPAL PURPOSES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 Department: Finance Information: This ordinance reduces a portion of the Series 2009C and Series 2013 debt service tax levies established by its bond ordinance at the time of issuance. The abatement of the Series 2009C levy is the result of issuing these bonds as Build America Bonds as part of the America Recovery and Reinvestment Act passed in 2009. This federal program rebates 35% of the interest expense on taxable issues. The rebate amount for 2017 is $42,000. Funds to abate the Series 2013 levy in its entirety will come from the home rules sales tax dedicated to support flood control projects. That rebate amount is $369,956. The abatement to the public safety pension levies is not included in this ordinance as there is no formal levy requirement established for the pension levies as there is for debt service. It is important to note that these pension levies are being reduced by $840,345 using General Funds. This is the first year of a four-year phase-in of the levy requirement established by the pension actuary at the end of 2015. The abatements to the pension levies for the next three levy years are $630,000, $420,000 and $210,000. This phase-in allowed for more moderate increases to the tax levy rather than the significant increase to the pension levies (20%) that would have been realized had the entire amount been added to the levy. Alternatives: 1. Pass an ordinance authorizing the abatement of all or portions of the Series 2009C Bonds and Series 2013 Bonds. 2. Discretion of the Village Board Budget Impact: Total abatements to the 2016 property tax levy are $1,252,301. Funds for the Village Board Meeting - December 6, 2016 Page 113 of 578 abatement come from multiple sources and include the BAB subsidy, home rule sales taxes (flood control) and the General Fund. Recommendation: It is recommended that the Village Board pass an ordinance abating the 2016 property tax levy. SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: GOVERNANCE: Financially sound, providing exceptional service. ATTACHMENTS: Description Type Upload Date File Name Abatement General Village—Levy_Abatement Ordinance - D Levy Ordinance 12/1/2016 2016.pdf Ordinance — Village Board Meeting - December 6, 2016 Page 114 of 578 ORDINANCE NO. AN ORDINANCE TO ABATE A PART OF THE TAXES LEVIED FOR CORPORATE AND MUNICIPAL PURPOSES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the day of , 2016 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the _ day of , 2016. Village Board Meeting - December 6, 2016 Page 115 of 578 ORDINANCE NO. AN ORDINANCE TO ABATE A PART OF THE TAXES LEVIED FOR CORPORATE AND MUNICIPAL PURPOSES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: Section One: The President and Board of Trustees of the Village of Mount Prospect find as follows: A. That pursuant to Village Ordinance No. 5772 adopted December 1, 2009 authorizing the issuance of general obligation bonds for financing a portion of the costs of constructing a replacement fire station, emergency operations center and public works expansion there was levied for the year 2016 the sum of $205,842.50 for bond interest payments. B. That pursuant to Village Ordinance No. 6090 adopted August 20, 2013 authorizing the issuance of general obligation bonds for financing the construction of various flood control projects throughout the village there was levied for the year 2016 the sum of $369,956.26 for bond interest payments. Section Two: It is hereby declared by the President and Board of Trustees of the Village of Mount Prospect that the amount of $205,842.50 levied for G.O. Bond principal and interest payments for the purpose of funding a portion of the costs of constructing a replacement fire station, emergency operations center and public works expansion pursuant to Ordinance No. 5772 be and the same is hereby abated in the amount of $42,000 leaving a balance of $163,842.50 as that amount levied for such bond principal and interest payments for the fiscal year commencing January 1, 2016 and ending December 31, 2016. Section Three: It is hereby declared by the President and Board of Trustees of the Village of Mount Prospect that the amount of $369,956.26 levied for G.O. Bond interest payments for the purpose of funding the construction of various flood control projects throughout the village pursuant to Ordinance No. 6090 be and the same is hereby abated in the amount of $369,956.26 being the entire amount levied for such bond interest payment purposes for the fiscal year commencing January 1, 2016 and ending December 31, 2016. Section Four: Village Ordinance Nos. 5772 and 6090 are hereby amended with respect to the tax abatements declared herein and set forth in Sections Two and Three of this Ordinance. Section Five: The Village Clerk of the Village of Mount Prospect is hereby authorized and directed to file a certified copy of this Ordinance with the County Clerk of Cook County, Illinois within the time specified by law. Village Board Meeting - December 6, 2016 1 Page 116 of 578 Section Six: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form and filing as provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of , 2016. Arlene A. Juracek, Mayor ATTEST: Karen Agoranos, Deputy Village Clerk Village Board Meeting - December 6, 2016 2 Page 117 of 578 Item X. E.: PZ -23-16: CODE AMENDMENTS TO CHAPTERS 5, 7, 9, 14, 15, 16, 21 AND DIVISION I OF THE APPENDIX OF THE VILLAGE CODE Department: Community Development —Planning Division Information: A public hearing was held on October 27, 2016 by the Planning & Zoning Commission to review the application by the Village of Mount Prospect (the "Petitioner') regarding proposed amendments to the following code sections: • Chapter 7: Sign Code • Chapter 9: Public Utilities, Pavement and Tree Regulations • Chapter 14: Zoning • Chapter 15: Subdivision, Development and Site Improvement Procedures • Chapter 16: Site Construction Standards • Chapter 21: Building Code The P&Z hearing was properly noticed in the October 12, 2016 edition of the Daily Herald Newspaper. Summary of Proposal Periodically, the Village performs amendments to the village code to better address current development trends within the community. The Community Development Department has been performing a review of these codes over the past year, with support and feedback from Public Works, Village Manager's Office, and the Village Attorney. The recommended modifications are in response to feedback from multiple community stakeholders and staff; the revisions resolve challenges in code interpretation due to internal conflicts or absence of regulation. The amendments will result in a code that is more easily understood and reflective of our current environment. Specifically, Chapters 7 and 14 require amendment as a result of recent legal and legislative decisions. Also included are adjustments to clarify, simplify, and better organize the Zoning Ordinance. Many of the amendments are a result of requests by residents to replace obsolete standards with provisions that are complimentary to today's housing and construction market. This continuous improvement approach is Village Board Meeting - December 6, 2016 Page 118 of 578 consistent with voai 5 of the Strategic Mian: vovernance. Looe amenaments are one method used to ensure we are proactive in identifying areas of customer service improvement and allows us to be responsive to local and regional changes in development. Amendments in other Chapters were also necessary to correct some conflicts and will result in a consistent Village Code as a whole. Although the "redline" versions seem to suggest a large amount of change, many of the proposed revisions are simply a rearrangement of current regulations — moving language to a new section, combining existing regulations, or clarifying existing language. This results in a code that's clearer and more concise. Chapter 7: Sign Code Replaced in its entirety due to chapter reorganization In response to the discussion at the September 13, 2016 Committee of the Whole meeting, staff has worked in conjunction with our Village Attorney to revise our Sign Regulations found in Chapter 7 of the Village Code. Minor changes discussed at that meeting have been incorporated in this new draft, such as allowing one real estate sign per street frontage for single-family residential properties. Guidelines regarding Electronic Message Centers (EMC) have been further researched. Just as we have eliminated "content -based" regulations for temporary or permanent signs, the EMC regulations found in Article III Section 7.302 H. have been revised to avoid restrictions on the information displayed, and instead limit the regulations to size, brightness, duration and message change or transition. The brightness level as recommended by the International Sign Association (ISA) has been incorporated into this draft; the ISA research behind that recommended brightness level is also attached for your review. Chapter 14: Zoning Article 111: General Provisions — replaced in its entirety due to chapter reorganization The General Provisions Article of Chapter 14 contains several proposed amendments that will greatly improve the readability and understanding of regulations for all users. Notable code and policy changes within this article: • Design Standards (14.304.1), Fences and Walls (14.318), and Permitted Obstructions (14.319) are each given their own code sections. This reorganization will allow for users to find the information they are looking for quickly, and the code is arranged in a logical fashion. Having section numbers will also allow for staff to link directly to that specific section, using Sterling Codifier's online web access. • Current code has lighting in two sections: one section devoted to overall site lighting, and one section for parking lots only. There were contradictions between the two sections related to illumination levels. The amendments proposed eliminate the contradictions and combine lighting into the General Provisions section, resulting in easier reference and clearer interpretation and enforcement of the regulations. ('i irronf roni dnfinnc fn normi#ori nhctri it-finnc nro r`i irronfhi nrronnori in n Village Board Meeting - December 6, 2016 Page 119 of 578 VI.A I GI Il I Gy. UICALlul 10 lu [JGI I I Il llGu V A/0ll U%- llul 10 QI G %-,Ul I GI Ill / CAI I CAI IyGu II 1 Q cumbersome text format, making it difficult to find a particular improvement. A permitted obstruction table is now proposed, resulting in easier reference. Additional permitted obstructions are added to the table based upon current development requests, including sport courts and "decorative outdoor structures" such as light posts or other small landscape features that are currently not regulated in the code. Clarification was also added to note where on a property these regulations shall apply. Articles VI: Land Use Table Unique Use as a Conditional Use has been added to the Business, Industrial and Office/Research Zoning Districts, with a definition of Unique Use added to Article XXV. Articles VIII, IX, X, XI: Bulk Regulations for Various Zoning Districts These code sections are modified to reflect a building height that would now be measured from finished grade to peak of the roof. See also: the amendment to the definition of Building Height noted in Chapter 21. Article XXII: Off-street Parking and Loading — replaced in its entirety due to chapter reorganization A significant portion of the proposed amendments to Article XXII are related to reorganization. This section contained several code "subsections" which were consolidated into a "General Provisions" section, 14.2202. Other modifications of note include: • Driveway and parking pad regulations were modified/added. Current driveway regulations are difficult for residents and contractors to understand as written, and they do not completely address the variety of driveway types in use today (example: side load garages). The revised text maintains many of the current regulations, but now allows for parking pads and provides regulations pertaining to side load garages. Pursuant to the feedback from the September 13th meeting, parking pads will be applicable to attached garage situations only. • A subsection now titled "Parking Lot Design" is proposed, 14.2206. This section compiled regulations which currently exist in various areas and puts them under one clear category. A modification to the existing language is included to ensure the regulations related to parking stall and drive aisle dimensions are easily interpreted. • Parking lot lighting is struck from this section of the code and regulations are proposed to be placed in Article III, General Provisions. This results in a code where all lighting regulations are in one location. In addition, contradictory language between lighting sections has been addressed. Article XXIII: Landscape Requirements — replaced in its entirety due to chapter reorganization After a thorouah analvsis and discussion of the current reaulations. it was clear that the Village Board Meeting - December 6, 2016 Page 120 of 578 landscaping section could be simplified without reducing the amount of landscape required for various development projects. There was a great amount of "overlap" or repetitiveness between subsections, and the applicability of the regulations was, in some cases, unclear. The proposed amendments also include the addition of prohibited and recommended plant lists. This results in a code that can be more easily reflected in a landscape plan, leading to efficient staff review of submissions. Article XXIV.Definitions Many of the proposed "additions" to this section of Chapter 14 are relocated from other articles within the chapter, i.e. terms related to personal wireless telecommunication facilities. Therefore, all definitions for Chapter 14 are found in one location. Other additions include new definitions for Unique Use, Temporary Structure, Parking Pad, and Outdoor Storage Cabinets. Modification to the definition of FAR (Floor Area Ratio) was made to accurately reflect the applicability of the regulation and to be clearer to the reader. Some outdated terminology was struck from the article, as it is no longer used elsewhere in the Village Code. Chapter 9: Public Utilities, Pavement and Tree Regulations Article III: Public Streets and Sidewalks The changes to this article include adding the term "drive aisle" for certain regulations regarding driveway and drive aisle aprons. This change results in consistency between Chapter 9 and Chapter 14. Driveways refer to single-family access while drive aisles refer to non -single family parking lot access. Chapter 15: Subdivision, Development and Site Improvement Procedures Article ll: Rules and Definitions This amendment includes definitions for driveway, drive aisle, and their associated aprons, with consistent application in Chapters 9 and 14. Chapter 16: Site Construction Standards Article III: Paving, Sidewalk, Curb and Gutter The amendments to this section result in consistency in regulations of parking lot striping found in Chapter 14. The proposed amendments also include clarification of drive aisle width requirements, which directly relates to parking lot design. Chapter 21: Building Code Article V.Definitions The proposed amendment to the definition of "Height of a Building" is included in this section. The use of this definition is carried throughout bulk regulations found in Chapter 14 (Zoning). Current language takes measurement of a building from base grade to the midpoint of a pitched roof. The proposed amendment takes the measurement to the peak of a roof, which results in greater understanding of the regulation and is easier to provide on building plans. The amended definition also makes reference to "finished grade", a term which more accurately describes how the overall height should be Village Board Meeting - December 6, 2016 Page 121 of 578 calculated — from averaged finished grade to peak of a roof. Changes to the overall height of a structure as a result of this proposed definition change are reflected throughout Chapter 14 (Zoning), so the overall heights of buildings will be consistent with today's regulations. Standards for Text Amendments Section 14.203 (D) lists standards for the P&Z to consider for text amendments to the Zoning Code. The standards relate to: • The general applicability of the amendment to the community, rather than an individual parcel; • Consistency of the amendment with objectives of the Zoning Code and Comprehensive Plan; • The degree to which the amendment would create non -conformity; • The degree to which the amendment would make the Zoning Code more permissive; and • Consistency of the amendment with Village policy as established by previous rulings. The proposed amendments to the Zoning Code would be applicable to the community as a whole and are not proposed in response to an individual parcel within the Village. The amendments are comprehensive in nature, and will have limited impact on creating additional nonconformities. The proposed amendments would not make the Zoning Code more permissive. The majority of the proposed changes are intended to reflect current Village objectives as outlined in the Comprehensive Plan and other accepted planning documents. The proposed amendments satisfy the standards for text amendments as required in the zoning code. The proposed text amendments to the zoning and subdivision codes are contained in the attached documents. Modifications to each the chapters are indicated as deletions, additions and relocations of existing regulations. For Chapter 7, these modifications are noted as delet'e ;s and relocations. Alternatives: 1. Approve ordinance adopting proposed text amendments. 2. Discretion of the Village Board. Budget t Impact: NA Recommendation: The Planning and Zoning Commission held a public hearing on October 27th and by a vote of 6-0 recommended approval of the following motion: Village Board Meeting - December 6, 2016 Page 122 of 578 "To approve the text amendments as outlined in the attached documents for case PZ - 23 -16 which would perform certain amendments to the text of both the Village's Zoning and Subdivision regulations." SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: GOVERNANCE: Financially sound, providing exceptional service. ATTACHMENTS: Description Type Upload File Name Date October 27, 2016 Planning & Zoning Exhibit 11/8/2016 PZ-23-16_Text Amendments.pdf Minutes ISA EMC Backup Recommendations Material 11/1/2016 ISA _EMC _Recommendations. pdf Supplement Redline- Chapter 7 Backup Material 11/30/2016 Chapt_7_Sign_Code_Final_Draft redline view (2).pdf — — D Final view Chapter Mater al Backu 11/30/2016 Chapt_7_Sign_Code_ Final _Draft final view (2).pdf ° Redline - Chapters Backup Redlines- 11/30/2016 Chapters_14_9_15_16_21_VB_Meeting_12-6- 9, 7, 14, 15, 16, 21 Material 16.pdf ordiance chapters D 5,9,14,15,16,21, Ordinance 12/1/2016 Ord inance_for_code_changes_Nov._2016.pdf 23 and appendix Village Board Meeting - December 6, 2016 Page 123 of 578 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -23-16 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: REQUEST: MEMBERS PRESENT MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: October 27, 2016 50 S. Emerson Street Village of Mount Prospect October 12, 2016 Text Amendments to Chapters: 7,9,14,15,16,21 & Division I of Appendix Agostino Filippone Thomas Fitzgerald William Beattie Keith Youngquist Norbert Mizwicki Joseph Donnelly, Chair Sharon Otteman Consuelo Arguilles-Deputy Director Community Development Janet Saewert-Neighborhood Planner Jason Shallcross-Development Review Planner Village of Mount Prospect I Chairman Donnelly called the meeting to order at 7:30 pm. Commissioner Youngquist made a motion to approve the minutes of the September 8, 2016 meeting Commissioner Filippone seconded the motion. The minutes were approved 4-0 with Commissioners Fitzgerald and Filippone abstaining. Chairman Donnelly introduced case PZ -23-16 and stated that the case was Village Board final. Mrs. Arguilles stated that Village Staff is presenting code amendments to Chapters 7,9,14,15,16 & 21 of the Village Code. She further explained the Community Development Department has been performing a review of these codes over the past year, with support and feedback from Public Works, Village Manager's office, and the Village Attorney. She stated that the changes were discussed at the September 13, 2016 Village Board and Planning & Zoning Commission joint meeting and that the information presented tonight addressed the feedback received at the joint meeting. Mrs. Arguilles summarized the reasons for the updates including- resolving conflicts or absence of regulation, and to address current development trends and feedback from community stakeholders. She also stated that the sign code needed to be amended to eliminate content based categories in response to a recent Supreme Court ruling. She introduced Neighborhood Planner, Janet Saewert, to explain the amendments to the sign code. Planning and Zoning Commission Meeting- October 27, 2016 PZ -23-16 Joseph Donnelly -Chair Village Board Meeting - December 6, 2016 Page 124 of 578 2 Mrs. Saewert stated that Article I still includes the General Purpose and Scope and combined the general comments. She explained that Article II contains information regarding Prohibited and Exempt Signs with no significant changes to the Prohibited Section. She further explained that Article II also includes all of the signs that do not need a permit; for instance, traffic control, public information, flags, window signs, and sidewalk signs. Category based signs were eliminated from the Exempt Section Mrs. Saewert explained that Article III contains the general guidelines for all signs that require a permit which include temporary and permanent signs. She mentioned the significant changes that were made in this Article. Category based signs were eliminated from the Temporary Sign Section. Regarding Permanent signs, she explained that the max area for a freestanding sign was changed to 75 square feet and 12 feet in height. She further stated, in this Article the special use permits were eliminated and the changeable copy boards and electronic message centers were combined allowing a maximum of 6 permanent items of information, 40% of the sign area can be changeable, static messages only, transition must be instant, and messages must be displayed at least 10 seconds. Mrs. Saewert gave a brief explanation on how the light from a sign is measured. Mrs. Saewert discussed some other significant changes to article III which included eliminating special area of control, and the current Article IV "Sign Design". She stated that signs allowed in the B5 zoning district are now included under "Projecting Signs". She summarized the following changes of Articles IV -VII: • Article IV- Illumination and Maintenance o Provided illumination guidelines for all signs in one section • Article V- Administration and Enforcement o Referred applicant to the permit application for submission requirements • Article VI- Appeals Variations and Text Amendments o Eliminated Special Use Permits • Article VII- Definitions and Illustrations o Updated definitions and illustrations Mrs. Saewert asked if there were any questions regarding Chapter 7. Hearing no questions from the board, Village Staff moved forward with Chapter 14. Mrs. Arguilles stated the notable code and policy changes within article III of Chapter 14 included providing own sections for design standards, fences and walls, and permitted obstructions to make it easier for the public to find in the code. She further explained that article III now combined the lighting sections into one. Also, a table was added to the article listing the permitted obstructions with some additional permitted obstructions based upon current development requests. She further explained that the sectional was clarified to note where on a property these regulations would apply. Mrs. Arguilles discussed the Land Use Table in Article VI was amended to include unique uses as a conditional use and added a definition of a unique use to Article XXV. She stated that a unique use would be anything that isn't clearly defined in the land use table. Planning and Zoning Commission Meeting- October 27, 2016 PZ -23-16 Joseph Donnelly -Chair Village Board Meeting - December 6, 2016 Page 125 of 578 3 She further explained that articles VIII, IX, X, XI regarding the bulk regulations for various zoning districts were modified to reflect that building height would be measured from finished grade to peak of the roof. Mrs. Arguilles summarized the modifications to Article XXII: Off-street parking and loading as the following: • Modified driveway and parking pad regulations • Added a subsection titled "Parking Lot Design" to help clarify regulations & standards • Removed the parking lot lighting from the section and combined with the lighting regulations provided in Article III- General Provisions. She further explained that Article XXIIL Landscape Requirements were simplified without reducing the amount of landscape required and reintroduced a list of prohibited and recommended plantings. Mrs. Arguilles stated that Article XXIV- Definitions contains some "additions" which are relocations from other articles within the chapter. Other additions include new definitions for Unique Use, Temporary Structure, Parking Pad, and Outdoor Storage Cabinets. She further explained the definition of FAR (Floor Area Ratio) was modified to accurately reflect the applicability of the regulation and to clearer to the reader. Also, outdated terminology was removed. Mrs. Arguilles summarized the minor changes to the following chapters: Chapter 9: Public Utilities, Pavement and Tree Regulations • Added the term "drive aisle" Chapter 15: Subdivision, development, and Site Improvement Procedures • Included definitions for driveway, drive aisle, and their associated aprons Chapter 16: Site Construction Standards • Amended to be consistent with parking lot striping found in Chapter 14 • Clarified drive aisle width requirements Chapter 21: Building Code • Amended definition of "height of a building" to be consistent with the bulk regulations found in Chapter 14 (Zoning) Mrs. Arguilles summarized the standards for the Planning and Zoning Commission to consider for text amendments to the Zoning Code as the following: • The general applicability of the amendment to the community, rather than an individual parcel; • Consistency of the amendment with objectives of the Zoning Code and Comprehensive Plan; • The degree to which the amendment would create non -conformity; • The degree to which the amendment would make the Zoning Code more permissive; and • Consistency of the amendment with Village policy as established by previous rulings. Mrs. Arguilles stated the proposed amendments satisfy the standards for text amendments as required in the zoning code. The proposed amendments would be applicable to the community as a whole and are not proposed in response to an individual parcel within the Village. The amendments are comprehensive Planning and Zoning Commission Meeting- October 27, 2016 PZ -23-16 Joseph Donnelly -Chair Village Board Meeting - December 6, 2016 Page 126 of 578 F in nature, and will have limited impact on creating additional nonconformities. The proposed amendments would not make the Zoning Code more permissive. The majority of the proposed changes are intended to reflect current Village objectives as outlined in the Comprehensive Plan and other accepted planning documents. Mrs. Arguilles stated that Staff recommends that the Planning and Zoning Commission make a recommendation to the Village Board to approve the text amendments as outlined in the documents for case PZ -23-16, which would perform certain amendments to the text of the Village Code. The Village Board's decision is final for this case. Commissioner Beattie thanked Staff for their time and effort for the significant amount of changes being proposed. Commissioner Youngquist asked if the height requirement being measured to the peak has been changed in all of the zoning districts. Mrs. Arguilles stated it was for the single-family residential districts and stated the change would not increase the height that is already permitted. The code sections were modified to reflect a building height as measured from finished grade to peak of the roof versus to the midpoint of the roof. Commissioner Mizwicki clarified that the temporary construction signs should be removed three days after the project is completed or after the final inspection. Mrs. Arguilles stated that the sign would be required to be removed three days after the project is complete. Mrs. Saewert stated only the exempt signs that measure up to sixteen square feet or less are limited to the three day period and clarified a permit would be required for temporary sign that is larger in size and could be up for a full year. Hearing no further questions, Commissioner Beattie made a motion seconded by Commissioner Youngquist to approve the following motion: "To approve the text amendments as outlined in the attached documents for case PZ -23-16 which would perform certain amendments to the text of both the Village's Zoning and Subdivision regulations." UPON ROLL CALL: AYES: Fitzgerald, Beattie, Youngquist, Mizwicki, Filippone, Donnelly NAYS: None The vote was approved 6-0 with a positive recommendation to the Village Board. Hearing no further questions or cases, Commissioner Beattie made a motion seconded by Commissioner Younquist and the meeting was adjourned. je vt vtc,. M 07C e Jenna Moder Administrative Assistant Planning and Zoning Commission Meeting- October 27, 2016 PZ -23-16 Joseph Donnelly -Chair Village Board Meeting - December 6, 2016 Page 127 of 578 VIII 111111 IIIIII IIIIII 111111 IIIIIIe s s .................... e v e PRODUCED BY: Lt.] . INTERNATIONAL SIGN ASSOCIATION Village Board Meeting - December 6, 2016 Page 128 of 578 Village Board Meeting - December 6, 2016 Page 129 of 578 CIN IIROID(JCIION ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, CASE SI(JIE)CI S ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4.... XCEC(.JIIVSES.J11'1l1MAI Y,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, l IE C 01M1MEI N �E) IE IE) IL.....AIS(.3(JAC3-E,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, SCX S I IE ISPS 11110 IR 1 C3 1111 IN IE SS II......IEVEI ......S `JVCIIL.....IIOPERA ICONAIL.....CONIN RO.l,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, C...I....I......II0(J...I....OPERA ...ICOINAIL..... CON ...I....IROII,,,,,,,,,,,,,,,,,,,,,,,,,,, II1 II... II...: AII Z' I' 4 0II Z' II.... A IB 0 U Ir II :. II'"',4 C The International Sign Association offers an Electronic Message Center (EMC) Resource Center, with resources on: • EMCs and traffic safety • A framework for developing EMC sign code language • The differences between EMCs and digital billboards www.signs.org/local A D MI Ir III 0 A II... S III G C 0 ID II,,,,II Z! II,,,, S 0 UII Z! C II,,,, S The International Sign Association has developed numerous tools to help communities develop better sign codes. All are housed at www.signs.org/local, including: • The Supreme Court ruling, Reed v. Town of Gilbert • Model sign codes • Best practices in regulating temporary and wayfinding signs • The Economic Impact of On -Premise Signs ISA's advocacy team is available to provide complimentary assistance on sign codes and sign -related issues. Contact Sign Help@signs.org or 703.836.4012. �-'A ILI "'I:;AI CII .... ....... ..... ................. Village Board Meeting - December 6, 2016 Page 130 of 578 I"",A ::l 1:::::: "",I AI'LCh...1 K L "Z 0 `4, II C `4 S S A G L C ",J "' S (IE III04 C s) Electronic message centers, or EMCs, continue to grow in popularity for business and community use. You may have heard EMCs being referred to as changeable message displays or digital signs. EMCs are not digital billboards, which advertise a good or service that is located away from the sign. Rather, EMCs are digital signs that are located on the premises, and that advertise goods and services that are available at the location. Electronic Message Center (EMC)llorpremise sign advertising a bank that is located on the .some premises as the .sign Digital b `F+`boord/affpremis`e sign advertising on automobile business `in another location There is often confusion regarding on- and off -premise digital signs. However, EMCs and digital billboards have very distinct capabilities and purposes, each targets a specific audience and each has traditionally been treated under separate legal and regulatory regimes, a zoning practice which was noted in the 2015 U.S. Supreme Court ruling in Reed v. the Town of Gilbert. For the purposes of this publication, we are focusing solely and exclusively on EMCs. EMCs that are too bright at night can be offensive and ineffective. Night-time EMC brightness is an issue where sign users, the sign industry, and local offices have a common goal: ensuring that EMCs are appropriately legible. We know the messages that these signs convey can be rendered unattractive and perhaps even unreadable if they are programmed too bright. That's why many sign companies recommend to their customers that in order for these signs to be most effective, their brightness be set at such a level to be visible, readable and conspicuous. 2 C irL'orinaLloinal ,Iger A ;o6aboir Village Board Meeting - December 6, 2016 Page 131 of 578 �-'A "'I:;AI CII The International Sign Association (ISA) retained noted lighting expert Dr. Ian Lewin of Lighting Sciences to help the industry develop scientifically - researched, understandable recommendations for EMC brightness. Dr. Lewin was a past chair of the Illuminating Engineering Society of North America (IES), and was greatly respected within the lighting field. His work for ISA was conducted with the input of experts within the sign industry. As a result of his research, Dr. Lewin recommended two different brightness settings based on whether the EMC was located in an area of high or low ambient light. After field testing and utilizing Dr. Lewin's recommendations, it was determined that using the more conservative recommendation is appropriate in areas of both low and high ambient light. In order to simplify Dr. Lewin's recommendations, and to take a more reasonable approach to ensure that EMCs are sufficiently visible but not overly bright, it is recommended that EMCs not exceed 0.3 footcandles over ambient lighting conditions when measured at the recommended distance, based on the EMC size. The research and the recommendations contained in this report pertain only to EMCs, not traditionally internally illuminated signs, such as these channel letter and neon signs below. EMCs use a different lighting technology than most of these types of signs, and as such the scientific approach differs. Community leaders should understand that, while it is recommended that brightness measurements be taken perpendicular to the sign, sign viewers rarely see the sign at that some perpendicular approach. At any viewing point away from or off the forward angle, the apparent brightness will be reduced. In other words, the measurements will capture the recommended brightness levels, but, unless viewers are looking at the sign directly perpendicular, they will not perceive the brightness at the full level. We have provided recommended statutory language and tips to measure brightness with and without control of the EMC. If you need further assistance, feel free to contact ISA, signhelp@signs.org or at (703) 836-4012 to answer any of your EMC questions. Village Board Meeting - December 6, 2016 Page 132 of 578 ISA 1::::,> 1:::::: �-I AI'LCi...I CASE STUDY: Cdluiiir6bus, GhioTI uE Cr,ry OF . COLUMBUS COMMUNITY ............ Columbus, Ohio POPULATION............ 836,000 LOCATION .............. As Ohio's largest city and state capitol, Columbus is the country's 15th largest city. SPECIFIC EMC ISSUE..... Crafting a reasonable, enforceable code that addresses complaints while preserving the ability for businesses to use what it termed automatic changeable copy signs. As automatic changing copy signs—as Columbus refers to EMCs—grew in use, so did community complaints. By 2011, city planners began to edit the graphics codes to limit special effects. The goal was to continue to allow for a variety of commercial graphics, "but not at the expense of neighborhoods," said Lisa Russell, the city's Planner II who facilitated the code development project. The city had in place certain limits on automatic changing copy signs, aka EMCs, in the graphics code, limiting their use to commercial and manufacturing zoning districts and requiring that only half of the sign could be used for the changeable copy. But signs lacked brightness limits and a hold time. Russell led a team to draft the new code, which incorporated a brightness limit for both on -premise and off -premise signs. The testing method also is included in the code. It was the result of much scientific discussion. "I believe that the best answer is revealed if you have enough information," Russell said. The committee included a community group leader who was an architect specializing in lighting and representatives from the sign and graphics industry. "When we started exploring brightness, it appeared the footcandle method was the way to go," Russell said. "However, some group members wanted us to explore the luminance method. ISA believed so strongly that the luminance method was problematic that they brought a demonstration to us." The demonstration included a field trip to visit a sign to show the impact of the two measurement methods. "They wanted to make sure that we didn't go down the wrong path. They rented a lift and showed us that with the luminance method you'd have to get up in the lift, raise it and shine the nit gun at the sign. With the footcandle meter, you can stand on the ground." Russell helped the group to see that the "members of the professional sign and graphics industry are not the some as end-users of signs, such as an owner of a carryout who wants to draw attention to his shop over others. We all had an interest in developing reasonable regulations instead of just banning these signs. We also did not want to take away the rights that businesses had to display electronic signs." The new code has significantly lessened complaints about sign brightness. And when a complaint is received, the code enforcement officers have a verifiable process for determining whether the sign complies with the code. Village Board Meeting - December 6, 2016 Page 133 of 578 COMMUNITY ........... Kitsap County, Washington POPULATION............ 260,000 LOCATION .............. Across the Puget Sound from Seattle and bordered by rural communities on the west. It is the third most densely populated county in the state. SPECIFIC EMC ISSUE..... Existing codes did not cover electronic signs. �-,A ILI ",I:;AI CII As a "transition" county between rural Washington and the metropolitan city of Seattle, Kitsap County had the challenges of creating regulations for electronic signs that fit the county's dual personalities. "The first step was to identify where these signs would be allowed," said Darren Gurnee, a planner with the county. "We wanted to make sure these were restricted to areas of increased density and primarily non-residential use such as industrial zones and commercial zones within the urban growth area." Previously, the county had allowed electronic signs "as a matter of interpretation," Gurnee said. Crafting more defined electronic sign regulations would provide a measure of stability—and help business owners know what was allowed and where. An added bonus: Gurnee felt the signs would be more attractive than the block letters signs that had to be changed manually. While the county wanted to make it easier for businesses to convert existing static monument signs into electronic signs, it also wanted to ensure that the regulations were not written in a way that would allow billboards to convert. "We were able to craft our regulations in a way that required signs be brought into conformance before any change could be made," Gurnee said. "Billboards were non -conforming, so that would not be an issue." ISA provided Gurnee with industry standards—contained in this publication—and some background on the technology that today's electronic signs offer, such as automatic dimming. It also incorporated some of the recommended language on animation, hold times and transitions. "The regulation is written in a way that it would be easy to enforce," Gurnee said, and easy to understand, without the ambiguities contained in the previous method. The ending code created a perfect fit for both of the community's personalities. ..... ....... ..... .................IIIIIIII�II Ii LurinaLlOnal Eky) A ,o6aboin 11 Village Board Meeting - December 6, 2016 Page 134 of 578 ISA 1::::,> 1:::::: �-I AI'LCh...1 WON, 49 lG+ M. Ill 11 1lG+ ' "' u ' COMMUNITY ........... Sparks, Nevada POPULATION............ 93,500 LOCATION .............. A rapidly growing community, Sparks is located near Lake Tahoe, California, and Reno, Nevada, and is Nevada's fifth largest city. SPECIFIC EMC ISSUE..... Existing regulations were difficult to enforce and outdated. Sparks, Nevada had existing regulations of electronic message centers—or electronic variable signs as the community deemed them. But "it wasn't very explicit," said senior planner Karen Melby. "The brightness standards were in lumens, which we didn't even know how to measure." The regulations were outdated as well—having been drafted in 2002. Technology had changed dramatically and the costs of EMCs had dropped, putting them in the range of more businesses' budgets. "We felt we could see more coming and felt that we needed to get a handle on it." As a first step, planners required that those seeking an EMC permit meet their standards before approval was granted, but nothing was written into the code. That method can create problems. So Melby led the city through the code revision process. She sought out industry expertise from both the planning community and the sign and graphics industry. For industry insight, she turned to ISA. ISA provided feedback on how other communities were regulating electronic message centers, and rec- ommendations on what was working for these communities. One outside group felt strongly that the standards should be regulated in nits, not footcandles. They brought in an expert who opposed the proposed regulations. But Melby held strong on the issue of footcandles. "In my research, it seems like footcandle is what you can see with your eyes while a nit is pinpointing a spot on a sign. When you look at a sign, you're looking at the whole thing, not just one small spot." The city adopted the widely recognized standard of 0.3 footcandles above ambient light, using the distance measurements outlined in this publication. Melby took that table, determined the formula and wrote the formula into the code. The community allows smaller signs—those under 32 square feet—to include scrolling, while those larger do not. The result has been a city that has successfully navigated the balance between business interests and community aesthetics. "We've had very few complaints," Melby said. "When we do get a complaint about a sign being too bright, we go out and measure it. When they bring it down to standards, we don't get complaints." Being able to use a simple light meter to measure brightness is for easier than simply guessing whether the sign is in compliance, Melby said. "The other method (measuring nits) was really based on opinion. What may seem bright to me may not seem bright to you. Now, we can say, 'This is what the meter says."' By having clear standards that are easier to enforce, both community and business win. 6 C I Lurinaboinal Sign A coclaboin Village Board Meeting - December 6, 2016 Page 135 of 578 �-,A ILI ",I:;AI CII This summary has been developed with an understanding that EMCs that are unreasonably bright are not effective for the communities or end users. This intends to help communities and stakeholders develop brightness standards for on -premise EMCs. The summary comprises: 1) An overview of the importance of ensuring appropriate brightness, 2) Technology utilized to ensure appropriate brightness, and 3) Recommended brightness standards 1. Overview of the importance of ensuring appropriate night-time brightness. EMCs that are too bright at night can be offensive and ineffective. There are significant advantages to ensuring than an electronic display is not overly bright. These advantages include: Conservation of energy Increased life expectancy of the electronic display components Building goodwill with the community Ensuring the legibility of the display It is in the best interest of all stakeholders to ensure that EMCs are sufficiently bright to ensure clear legibility, while at the same time avoiding a display that is overly bright. 2. Technology utilized to ensure appropriate brightness. Most EMCs are designed to produce sufficient brightness to ensure clear legibility during daylight hours. However, daytime brightness settings are usually inappropriate for night-time viewing. The following general methods are used to dim an EMC for appropriate night-time viewing: 1. Manual Dimming. Using this method, the sign operator dims the display in response to changing ambient light conditions. 2. Scheduled Dimming. Sunset -sunrise tables allow an EMC to be programmed to dim at the some time that the sun sets and rises. This method is generally acceptable, but is more effective when used as a backup to automatic dimming controls capability, such as photocell technology. 3. Photocell Technology. An EMC that utilizes photocell technology can automatically dim as light conditions change. A photocell sensor alerts the display to adjust brightness according to ambient light conditions. 3. Recommended night-time brightness standards. Dr. Lewin recommended the development of brightness criteria based on the Illuminating Engineering Society's (IES) well-established standards pertaining to light trespass, IES Publication TM -11-00. The theory of light trespass is based on the concept of determining the amount of light that can spill over (or "trespass") into an adjacent area without being offensive. In order to simplify Dr. Lewin's recommendations, and to take a more reasonable approach to ensure that EMCs are sufficiently visible but not overly bright, it is recommended that EMCs not exceed 0.3 footcandles over ambient lighting conditions when measured at the recommended distance, based on the EMC size. Email signhelp@signs.org to receive Dr. Lewin's original research. / /.°; A c,' , ., /' 1 l /' I' I c.;' /'"1 r, c,' 1:,4 ir" h c / % '% i °; / 1 o t !,„,'E'E' l J i lighting Com""fitloll.`.;'a i,//h !, ) %/It'r `.I///fw€' cit, thE! Gl%°' tcY)CEf l ..... ....... ..... ..................IIIIIIII�II Village Board Meeting - December 6, 2016 Page 136 of 578 IFA ::l 1:::::: FI AI'fCh...1 /r 1A 1A E N / / o ANGUAGE Electronic Message Center (EMC) Criteria: The night-time illumination of an EMC shall conform with the criteria set forth in this section. A. EMC Illumination Measurement Criteria: The illuminance of an EMC shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals. Illuminance shall be measured with the EMC off, and again with the EMC displaying a white image for a full color -capable EMC, or a solid message for a single -color EMC. All measurements shall be taken as close as practical to a perpendicular plane of the sign at the distance determined by the total square footage of the EMC as set forth in the accompanying Sign Area of a Sign versus Measurement Distance table. B. EMC Illumination Limits: The difference between the off and solid -message measurements using the EMC Measurement Criteria shall not exceed 0.3 footcandles at night. C. Dimming Capabilities: All permitted EMCs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements. D. Definition of EMC: A sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs or a flipper matrix. x inLorinaLloinal ,Iain A,'06a loin SIGN AREA VERSUS MEASUREMENT DISTANCE ' for .signs with an arca in .square feet other than those .specifically listed in the table (i.e., .l%..sq ft, 400 .sq ft, etc), the measurement distance may be calculated with the following farr ula: Measurement Distance V770f .5q. ft. x .100 Village Board Meeting - December 6, 2016 Page 137 of 578 �-'A ILI "'I:;AI CII (Note: This method can be completed by one individual, but requires operational control to shutoff the EMC) OBTAIN AN ILLUMINANCE METER. Purchase or otherwise procure an illuminance meter. Most city/county traffic departments have an illuminance meter, which are also referred to as lux or footcandle meters (lux is the metric measure of illuminance; footcandles is the English measure of illuminance). The illuminance meter must have the ability to provide a reading up to two decimal places and must be set to read footcandles. It is preferred to have an illuminance meter with a screw -mount that allows the sensor to be mounted on a tripod. A tripod ensures that the highly sensitive sensor is held perfectly still; otherwise it may be difficult to obtain an accurate reading. DETERMINE SQUARE FOOTAGE. Determine the square footage of the face of the electronic message sign (EMC) by multiplying the height and width of the EMC. This infor- mation may be available in a permit application, or can be determined by physically measuring the height and width of the EMC. Do not include the sign face square footage attributable to any additional static signs associated with the EMC (if applicable). DETERMINE THE MEASUREMENT DISTANCE. Using the total square footage found in Step 2, look up the measurement distance in the table provided in the Recommended Legislative Language on page 8, to determine the distance to measure the brightness of the EMC. The distance should be measured perpendicular to the EMC sign face. The use of a measuring wheel, laser finder or a smartphone app are the most convenient ways to measure the distance. ...... ....... ..... .................IIIIIIII�II Ii LurinaLlOnal E12in A '06aboin 3 Village Board Meeting - December 6, 2016 Page 138 of 578 ISA 1::::,> 1:::::: �-I AI'1Ch...1 PREPARE THE DISPLAY FOR TESTING. Ensure that the EMC is programmed to alternate between a solid white (or in the case of a monochrome display - the solid color of the display) message and a blank message. The community may require that the sign owner cooperate with testing by programming the EMC for testing upon written notice. f- ; USE AN ILLUMINANCE METER TO MEASURE THE BRIGHTNESS OF THE EMC. Mount the sensor of your illuminance meter to a tripod and orient the sensor directly towards the face of the EMC at the measurement distance determined in Step 2. Ensure that the illuminance meter is set to measure footcandles up to two decimal places. As the display alternates between a solid white message and an "off" message, note the range of values on the illuminance meter. If the difference between the readings is less than 0.3 footcandles, then the brightness of the display is in compliance. If not, the display will need to be adjusted to a lower brightness level using the manufacturer's recommended procedures. 10 I,)�LurinaLlOnal ky) A c,06aLloin ' 6 ENSURE THAT THE DISPLAY CAN ADJUST TO DIFFERENT AMBIENT CONDITIONS. Inspect the sign to ensure that it incorporates a photocell or other technology to ensure that the display can adjust according to ambient lighting conditions. th E! /. E:! 'f.,!E:!�) c1 �c"�-`ncc SS6c,c c' �,�7`�'�,�' ��c"1 �i �il' t ff.,}0r°e thcV) (�,�/ F�f.,,1(,l€�,c'1%�l�ffrea;. €hE:!ti ) €hE' ()ri thE! (,YiS ifcl� /.°;'a i) C0t[)P1i,,d/`lCG1 Village Board Meeting - December 6, 2016 Page 139 of 578 �-,A 111 ",I:;AI CII (Note: This method requires two individuals, but does not require operational control of the EMC.) There will be instances where the EMC illumination needs to be evaluated to ensure that it does not exceed the brightness levels established in the municipal sign ordinance. If the municipality is unable to obtain access to the sign controls or attempting to take the measurement after business hours, this method should be followed. Unlike the six -step process described previously, this process measures the difference in brightness between the sign in operation and when the sign is completely blocked from the illuminance meter. This proce- dure is extremely simple and requires only an illuminance meter and a piece of painted cardboard cut to the proper size. OBTAIN AN ILLUMINANCE METER. (See previous Step 1) DETERMINE SQUARE FOOTAGE. (See previous Step 2) ,,,f„, ' 3 DETERMINE THE MEASUREMENT DISTANCE. (See previous Step 3 or use (Area of Sign in Sq. Ft. x 100)) , ,,T" ,` POSITION THE TESTERS. Based on the size of the digital display, the person conducting the test should position themselves as close to directly in front of the digital display as practical, at the appropriate distance (calculated in Step 3). A helper should position themselves about 7 ft. to 10 ft. in front of the light meter and hold up an opaque, black sheet of material that is roughly 12 in. high by 40 in. wide. (Regular cardboard painted matte black works well for this.) The sheet should be positioned so it blocks all light from the EMC, but still allows the remaining ambient light to register on the illuminance meter. 24 ft2 49 ft 32 ft2 57 ft 50 ft2 71 ft 100 ft2 100 ft ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, This helper should use a cardboard sheet to block the EMC light from the footcandle meter. This will establish the baseline footcandle reading. �u� z ................................................................................................................................................................................................................................................................................................................................................................. w. I �IIIII mil uuuullllllllll luuumlllll � • After the cardboard block is held in place, a reading should be taken for theHose Com-6.1tights ambient light. Landscape Lights Lights Street Lights Traffic Lights • p "U, In this example, various light sources are impacting the photocell measuring 2.3 footcandles of ambient light. This is the baseline for the measurement. Write it down. ...... ....... ..... ..................IJ�I��I��I� I LurinaLlOnal E12in A ,o6aboin 11 Village Board Meeting - December 6, 2016 Page 140 of 578 ISA 1::::,> 1:::::: �-I AI'1Ci...I f- ;i USE AN ILLUMINANCE METER. The illuminance meter should be held at a height of about 5 ft. (which is approximately eye level) and aimed directly at the EMC. The illuminance meter will account for surrounding sources of light or the absence thereof. ............................................................................................................................................................................................................................................................................................................................................................... In this case our ambient light reading was 2.3 fc. The new light reading with the LED displaying a full white frame cannot read above 2.6 fc or 2.3 (ambient)+0.3 (threshold). If a full white frame cannot be arranged, watch the meter to see if any ad exceeds 2.6 fc. I lllllullllll�dlllllllllluuum T............................................................................................................................................................................................................................................................................................................................................................. At this point, readings should be taken from the illuminance meter to establish a baseline illumination level. (ISA recommends that the illuminance meter is capable of levels to 2 decimal places 0.00). Once the baseline level is established, add 0.3 footcandles to the baseline level to calculate the max brightness limit. (For example: Baseline reading is 3.15 footcandles. The max brightness level is 3.45 footcandles.) T,, ,6 DETERMINE THE BRIGHTNESS LEVEL. Remove the opaque sheet from blocking the EMC. Watch the foot- candle meter for 3 to 5 minutes to see if the max brightness level is exceeded by any of the images on the sign. If the readings do not exceed the max brightness levels, then the EMC illumination is in compliance. If any of readings consistently exceed the max brightness level, the lighting level is not in compliance. In this scenario, the municipality will need to inform the sign owner of noncompliance and take appropriate steps to ensure that the EMC be adjusted to a lower brightness level using the manufacturer's recommended procedures. %f E thE! %/A 1,'i° /%r%ght%)ff,'�"E!f, thE! f%gl)t%%)9 fE!� EY Village Board Meeting - December 6, 2016 Page 141 of 578 Village Board Meeting - December 6, 2016 Page 142 of 578 INTERNATIONAL SIGN ASSOCIATION 1001 N. Fairfax Street, Suite 301 Alexandria, VA 22314 703.836.4012 Ph 703.836.8353 Fax www.signs.org Village Board Meeting - December 6, 2016 Page 143 of 578 I` INTERNATIONAL SIGN ASSOCIATION 1001 N. Fairfax Street, Suite 301 Alexandria, VA 22314 703.836.4012 Ph 703.836.8353 Fax www.signs.org Village Board Meeting - December 6, 2016 Page 143 of 578 Article I G E N E RAL Til u I Comment []Sl]: Use Article I for general purpose and scope of this sign code 7.101: PURPOSE: 7.102: SCOPE: 7.101: PURPOSE: T11 The regulations of this Chapter are intended to coordinate the use, placement, physical dimensions, and design of all signs within the Village. The purpose of these regulations is to promote the public health, safety and welfare, and develop a satisfactory visual appearance with the Village by: A. Promoting the objectives, principles and standards identified in the Comprehensive Plan for commercial and industrial development; and B. Protecting the public from damage or injury caused by signs which are poorly designed or maintained and from distractions or hazards to pedestrians or motorists caused by the indiscriminate placement or use of signs; and C. Maintaining property values by eliminating signs that are incompatible with the surrounding land uses; and D. Encouraging a viable economic environment through uniform control of signs; and E. Facilitating effective communication between the public and the environment through signs which are appropriate for the type of street on which they are located; and F. Encouraging quality sign design to promote a better visual environment; and G. Enhancing the physical appearance of the Village through a program which ensures the removal of inadequately maintained, illegal and nonconforming signs within a reasonable time period. (QFd. 4519, 1 10 199 x) 7.102: SCOPE:'�' The regulations of this chapter shall govern and control the erection, alteration, relocation, maintenance, removal and desian of all sians within the village. �^��- 459 1 1Q 1QQ'Z\ �✓m Village Board Meeting - December 6, 2016 Page 144 of 578 Article II ,PROHIBITED AND EXEMPT SIGNS Icy 7.201: PROHIBITED SIGNS 7.2026: EXEMPT SIGNS: 7.201: PROHIBITED SIGNS:"J1 A. Traffic Hazard: Any sign which is determined !,by the director 0 constitute a traffic hazard by reason of size, location, design or type of illumination. B. Public Right Of Way: Any sign which is located in or which extends over the public right of way except as otherwise permitted under these regulations or authorized by the village board. C. Easements: Any permanent sign located over or upon a village utility or an easement without prior consent from the director of community development. D. Motion: Any sign which moves or assumes a nonstationary position by mechanical means except as otherwise permitted under these regulations or authorized by the village board, or under normal wind currents except as regulated herein. Example: feather signs, wavy inflatables or air dancers E. Portable: Portable signs as defined herein, except as otherwise permitted under these regulations or authorized by the village board. F. Painted Surfaces: Any sign painted directly on exterior building surfaces. G. Light Poles: Signs on light poles. H. Roof Signs: Signs which are attached or affixed to a roof and project above the ridgeline or parapet of a building. I. Pennants And Streamers: Pennants, streamers, tethered balloons, or stringed fringe . Comment []S2]: Article II covers all signs that do not require a permit Comment []S3]: Moved to Article I Comment []S4]: Introductory statement regarding this chapter being a "positive document'... Has been removed. This Section was moved from (existing)Article III Comment []SS]: Eliminated chief of police per Lance on 11/17/16 Village Board Meeting - December 6, 2016 Page 145 of 578 J. Inflatable Signs: Signs or other devices, which are inflated by cold air, hot air, or other inflatable gas. K. Signs On Parked Vehicles: Non -permanent signs placed on or affixed to vehicles and/or trailers which are parked on a public right of way, public property, or private property so as to be visible from a public right of way and used to attract attention to a business or activity located on the same or nearby property. 7.2026: EXEMPT SIGNS:° The following types of signs are exempted from the general provisions of this chapter and all permit requirements therein. See Article III for aAll other signs which shall be allowed only with permit and upon proof of compliance with Mount Prospect sign ordinance. A. Traffic Control: Signs for the control of traffic or other regulatory purposes including signs for the control of parking on private property, and official messages erected by, or on the authority of, a public officer in the performance of his duty. BG. Public Information,-- Non -Commercial, &Permanent: Signs required or specifically authorized by law or necessitated by public health or safety, in all zoning districts `"'hiGh identify FeStFeel`1 o 1hliG telepheReS . ffeVide iRstr IG-ti.,.,o FequiFed by to ., Ar ReAess4y, provided the sign does not exceed two (2) square feet pp y Comment []S6]: Added the option of approval in area or as approved b the director.l, by the director in cases like 1660 Wall, where the address would be larger than 2 sq ft. Examples: addresses, restroom identification, historical designation markers on a building ment []S7]: Intended to addressComea contractor signs, garage sal e signs C. Temporary: Signs located on the property, related to a temporary activity These signs will always be tied to an event commercial in nature taking place on the property, provided: 1. Single -Family Residential Properties: a. The sign does not exceed ten (10) square feet in area b. The sign does not exceed six feet (6') in height c. No more than one sign per street frontage d. The sign shall be removed within 3 days after the sign no longer meets its intended purpose. 2. Other Properties: a. The sign does not exceed sixteen (16) square feet in area Village Board Meeting - December 6, 2016 Page 146 of 578 b. The sign does not exceed six feet (6') in height from the finished floor elevation of any relevant space. c. No more than one sign per street frontage d. The sign shall be located on private property and not attached to any parking light pole or tree e. For signs that further or relate to the primary use of the property, no freestanding signs are allowed. f. Multi -tenant properties shall attach the sign to the wall of their establishment g. The sign shall be removed within 3 days after the sign no longer meets its intended purpose, but in any event shall be up no longer than one year. Examples: Transaction related signs such as: for sale/lease, help wanted, garage sales, contractor signs, Monday hotdog special, special sales, $1beers D,Non-Commercial Temporary: Signs located on the property provided: Single Family Residential Properties: a. Total area of all such signs on a lot does not exceed sixteen (16) square feet b. Are allowed for a period not to exceed 90 days c. Signs are removed within three (3) days after the conclusion of a special event , except as otherwise required by state or federal law d. Signs that do not meet the temporal requirements of this subsection shall require a permit. 2. Other Properties: a. The sign does not exceed sixteen (16) square feet in area b. The sign does not exceed six feet (6') in height from the finished floor elevation of any relevant space c. No more than one sign per street frontage d. The sign must be located on private property and not attached to any parking light pole or tree e. Multi -tenant properties shall attach the sign to the wall of their establishment f. The sign shall be removed within 3 days after the sign no longer meets its intended purpose, but in any event shall be up no longer than 90 days. Examples: park district, school or church events, political signs, proud union home, holiday decorations Comment []S8]: To eliminate signs connected to two poles Comment []S9]: Covers holiday decorations, political signs, union signs, church or school event signs, banners etc_ Special event signs are distinguished based on time rather than content. Outdoor lights (ie holiday lights) should be addressed in the Zoning Code under temporary lighting, instead of in the sign code Village Board Meeting - December 6, 2016 Page 147 of 578 1. Single Family Residential PropertiesDistrorts: A maximum of one flagpole, which shall not exceed twenty five feet (25) in height, shall be allowed per zoning lot. No more than two (2) flags shall be displayed on a single-family property at one time, and each flag shall not exceed a maximum size of three feet by five feet (3' x 5'). 2. Other Prope rtiesNIA-.,rosid- P_Rtial Distrirts: A maximum of three (3) flagpoles, with no more than two (2) flags on -a pole, shall be allowed per zoning lot. For flags flown from a flagpole, such flagpole shall be a minimum of four (4) times the length of the flag. The maximum height however allowed for a flagpole shall not exceed the district's height limitations for principal structures. 3. General Requirements: In addition to the preceding limitations eutlined aheve, the following restrictions —shall apply to flags and flagpoles within all zoning districts: a. Flagpoles shall maintain a minimum setback of five feet (5) from any property line and are not allowed within a required interior side yard. b. Flags shall not exceed fifty (50) square feet in area. c. Flags shall be displayed in such a manner that no portion of the flag shall project over any property line or contact any structure when fully extended. d. Flags shall not be mounted on roofs. e. Display of flags of the United States shall conform to all applicable federal statutes regarding the use and display of the United States flag. f. Flags shall be displayed only on flagpoles or staffs designed and constructed specifically and exclusively for flag display. g. No flag shall be displayed or attached in any manner to light poles, sign poles, trees, or similar structures or objects. These restrictions shall not apply to flags located within public rights of way. Village Board Meeting - December 6, 2016 Page 148 of 578 h. Wall mounted flags shall be displayed from flagpoles not to exceed ten feet (10') in length, and such poles shall not extend above the roofline. i. Flags shall be maintained in an orderly fashion and in good condition. Tattered or torn flags shall be removed or replaced. PG'itiGak Comment []S11]: Included under non- tal area � ^n a let de -es et + (16) . T#e��rrea��s��s+g„�v„-a-�sa�ex�eed sl�czee��re�e�eet; commercial temporary a+ad 2. Th e s+g„s-aFP_ -rer ed Within tep (1TrQ) days a#er the etesti GR, a,;;ess-loA- ated� resideptial ppepei4y. sappers- Banners applied papep, nlastir A_r fahrir ed- to r+^^nro+^ Ar attrart o++^n+inn to a h. join^oo ^o+ohGohrpe.pt 19 -Gated GR the n el4y, n Vir!^r! 1. The s+g„sape displayed OR ^ R inn with ^ tend GpeRiRg eeEehr A !ed- nn+ to ^ eed +hir+„ (30) days n The displayed in inn ^ fGF Gig z. nc Spesialsale sa'rr^cr R with a PeFi�G exr-,eedthii4y{30) days, 9 3. The GigRs a displayed n rpe.re +hon tWG (2) times n .moleR Jar y eap n oo+obloc; hrpppt 4The er shall h^ o Fel attach^.d to +h^ I. all of +h^ ^o+ohGohn ^.,+ fr o+on.JiRg pkiRg light 1^ to ,ree arat-rvr,��n s-o,--pa�-������pei4y. 5. QRP_ _hA_RrReF, Per street e, ^ oh^u ben mittedd u Heli,+^„ ci^n6 on,+ DeGGF +i„n6• I9igR6 nr ^^nr^+inner G stemapi1„ displayed in � Comment []S12]: Included under non- GGRj UR49R with ^ heli.day fnr ^ n iG d nn+ tG ^ ^^rl sixty (6 0) days commercial temporary ^f ideRtifyiRg of h6 ail.din.. of ^r^^+inn his+nri^ol infnrmo+inn Comment []S13]: Addressed in B Rame a date A_.r ether as ^.d by the .dir^^+nr F.I. '!Non -Commercial Notice Board& Sign affixed to a building and intended for Comment [JS14]: An example is at Village pedestrians in which the information is not changeable and presented without the "all entrance use of flashing, scintillating, chasing lights or otherwise moveable means-NiAtise beap ds fGF n6 1hliG n Feligin1 16 ino+it u+ieRs A_.r ether u uses as apppeved by the .direGtep anal n apily iRteR d^.d fGF pe destpiaRG Comment []S15]: Added reference to When PeFF ,i++^.d Win dGW GigRG Gid{. Windows: Signs on/in windows , provided the total electronic message centers section area of permanent and temporary window signs occupies no more than fiftye#y percent (540%) of the total window surface area., each GGVeFiRg Re rRGpe +h^n tWeR+„ n ^n+ (20,04) of+he ,.,in, AW o, dare area Changeable Copy/Electronic Message Center Signs must also comply with Section 7.302 H. Comment []S16]: Included with commercial temporary the Gigli 06 IGGate.d; 66 ^h GigRs .displayed ., +h^n +h Comment []S17]: Garage sale signs would I".Ahi^h PFGVi.ded ape Re GFe Fee (34 ' be covered by Commercial Temporary Signs on times n yeap eF .dW elliRg nit fGF ^ n ied- nn+ tG ^ eed +h Fee (3) days. Single Family Residential Properties_ The process of tracking garage sales is under review_ Sign guidelines may change based on M a^l,r�.,orrl I�pebnor.ds fer ath1���s mfr vara varcowr-acr,T the process Comment []S18]: Scoreboards would be considered wall or freestanding signs, need a permit and a Variation request for anything larger than allowed_ Village Board Meeting - December 6, 2016 Page 149 of 578 H9. Doors: Signs affixed to door glass which identify the name andler address, contact information or hours of an establishment. �P. G9,iTtFaotel'&: Tep�3eraf3��flofGF orS,revelOpero, a,Gr,.teStS, ,,�—rG-to Comment []S19]: Included with commercial exeeedzee (IQ) squape feet. SigR8 shall -eIPPe=Ped ,., WR thil4y (30) days temporary signs appp sol „f fiRal inSPeGti� nvr Ne Fpe.re thaR „ SigR shall be displayed p ppqpeI4�L. Comment []S20]: Removed, since the Village Fight of way of a FRajeF GF GR daFy a 4epial stpeet as .defiRe d by the Village does not handle bus shelter signs GGFRPFeheR6iVe plan and as a pai4 of a ppegpam GF GRtFaG+ n aRted by the village hAArd 4519, 1 19 1993; 19 00009Gpd. 5914, i 19. Commercial Sidewalk Sians lin non-residential districts: Sidewalk sians on public Comment [JS22]: No permit required property or private property are subject to the following conditions: 1. Purpose: Sidewalk signs may advertise only a business in a building that directly abuts the portion of the sidewalk where the sign is placed. 2. Location: a. Sidewalk signs located on public right of way shall be allowed only in the 13- 5 (central commercial) or B -5C (core central commercial) zoning districts. b. Sidewalk signs located on private property shall be allowed only in the B-3 (community shopping), B-4 (corridor commercial), B-5 (central commercial), or B -5C (core central commercial) zoning districts. Sidewalk signs on private property are placed at the sole risk of the sign owner and/or the owner of the business being advertised. c. The sidewalk sign shall not unreasonably interfere with pedestrian or vehicular traffic or with access to parked vehicles, shall not reduce the open portion of any sidewalk to less than five feet (5) in width, and shall comply with all IAC accessible route restrictions. Village Board Meeting - December 6, 2016 Page 150 of 578 d. The sidewalk sign shall be placed no more than one foot (1') from the wall of the building, unless the director of community development approves in writina another location due to other obstructions in the right of way. e. The sidewalk sian shall not be attached or affixed to the sidewalk, parkway poles, trees or any other public facilities. Such signs shall adhere to all vision clearance regulations as set forth in section7.302 G.7. of this chapter. 3. Size: A sidewalk sign shall not exceed four feet (4') in height and the sign area shall not exceed six (6) square feet per sign face with a maximum of two (2) faces per sign. 421. Number Of Signs: Only one sidewalk sign shall be allowed per business establishment, except that public service signs (i.e., signs indicating the curb location of valet parking) may be allowed in addition to the one sign -per business establishment. 54. Use Of Sians: Sidewalk signs may only be displayed during business hours and must be --removed at the close of each business day. Sidewalk signs may not be displayed during times of high winds, snow, or when sidewalks are congested and the placement of a sign may impede pedestrian movement. Comment []S23]: Moved to the top of this section Village Board Meeting - December 6, 2016 Page 151 of 578 66.. Illumination And Attention Getting Devices: Sidewalk signs shall not be illuminated. No attention aettina devices, such as balloons, may be attached to a sidewalk sign. 7�. Materials °eG& And Maintenance: Sidewalk sians shall be of high guality and professionally constructed of durable materials. Sidewalk signs shall be properly maintained as provided in section 7.402 of this chapter. k^,�=- 'Q -93: aRgd QFd titim 9 6 5: QFd 5650 9TH 7: OF ,-,-- titin nnno. n6444 47 47 Municipal Signs: any signs on Village owned property, or in the public right of way for Village sponsored and/or related events. Article III 'GENERAL SIGN GUIDELINES - All Signs Requiring a Permit --LES 7.301: TEMPORARY SIGNS 7.3026: PERMANENT ITTED 0—hl PRER412ES SIGNS: 7.2-10- CCCMITTCII OUTDOOR AIIVCCTIR-IN `_ SIG -WS -1 0 44TACT C/1C /'`_ /111 CIA1 CCIREMENT�P C€BYGRD /1 C7C7'�� __49!1- 8/1A111CCC (CCD CV ORD C7Cl1 7_94_9!1!10\ 7 225- RCr`1 AAIC- 77 44�Cr`IA1�rm- Comment []S24]: Article III becomes all signs that require a permit Comment []S25]: Moved to Article II with Exempt. ,Thio ..ham.,+or oh�ll ho G SideFe J tG be a oi+iVe .JGG IMeR+ WheFeiR 6igR6 et PFGhihited in the Yillag i Comment []S26]: This statement removed � Village Board Meeting - December 6, 2016 Page 152 of 578 7.301: TEMPORARY SIGNS: The following signs shall be permitted in the village, subject to all applicable standards: A€ 'Commercial Temporary Signsl: Signs located on the property, related to a temporary activity commercial in nature, taking place on the property, provided Comment []S27]: This section would now include banners larger than 16 sq ft Village Board Meeting - December 6, 2016 Page 153 of 578 1. Located on other than Single Family Residential Properties: R. poi.,^oo DuhGr, Or I.,ofifi S;mApo- T^m.,^rory i.Aoll r, Af o ^ ^.'+6v^ h. -oir,^oo u-hlir A—r no+it tir,.,o ArAAPM;zAtMAP Ar r,r, r,f o r r,o+r. infi^n PrAmprt oholl h^ ^ w,i++^r! fr,r p p ri ^vd PAt cccnvccvv.=r^c-�v�car a. No more than one a sign shall be displayed per street frontage per lot. b. !.���Siclns located within one hundred feet (100'1 of a residential property (lot) line shall not exceed thirty two (32) square feet in area or eight feet (8') in height from base,n;snea grade. C. Signs located more than one hundred feet (100') from any residential property (lot) line shall not exceed fifty (50) square feet in area or ten feet (10') in height from based grade. d. Thee,,,pffa, signs shall comply with all location requirements for wall or freestanding signs with the exception that temporary freestanding signs will be allowed closer than one hundred -feet (100') to a permanent freestandina sian. e. Temporary sale -A -r lease -signs may contain a maximum of fourteen (141 items of information displayed on the sign. "^ ^ i^^ fl^yihiloty fp,r d-eyeIr pe-po' r.-hi+^r+o' APdIAr hrr,L^ro' P f. Sign shall be removed within 3 days after the sign no longer meets its intended purpose, but in no event shall be up longer than one year. Examples: for sale/lease, special sales, identification of a prospective business, identification of a construction project, or,., "^^^^r ^r 46 quaF^ f ^+ T^w,PArory o o fqr ool^ I^oo^ rppt G-Ap+rAr'tAro .d vPlAppro orrhOteGto 2YV-TCE ^^ Ji., . +^., /I M o ^ f^^+ o w .,+ ,6eGtli P 7 7(1S r,f +hio Signs�iaes: 1e. Temporary Special Event Or r -r^^,- nr,^^i^^: 139alloon or Ssearchlight devices: shall be permitted in conjunction with a temporary special event ^r GlFaR for a total of four (4) events per year. a -b. Ground/Roof Secured Balloons: Ground/roof secured balloons shall be permitted provided they do not exceed forty feet (40') maximum height and Village Board Meeting - December 6, 2016 Page 154 of 578 twenty feet 20' maximum diameter, aft are limited to s heroid shape only, and without signage on the balloon(s).- Such temporary balloon Comment []s28]: If inflatable signs are display shall be limited to a maximum period of four (4) consecutive days. prohibited, balloons should not be used as signs bs. Ground/Vehicular Mounted Searchliahts: Ground/vehicular mounted searchlights may be displayed on private property for a maximum period of four (4) consecutive days. c4. Hours Of Operation: Illumination of balloons and searchlight devices shall be turned off between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. 2 22Qo u'ilk 2r2GQ v� Sidewalk n�o-ign shall G nhY With the -r cg61-1rao'ficrm., ..ho onfir.n 1-I .,f +h io oonfir.., 7.3026: PERMANENT oRRnniTTRn Ohl oRUnicMc SIGNS: ] EJ The following signs shall be permitted in the village , subject to all applicable standards: A& Wall Signs: 1. Number: There shall not be more than one wall sign for each principal tenant or use contained within a building except: a. Where a tenant or use abuts two (2) or more streets, additional wall signs, one oriented to each abutting street, shall be permitted. b. One wall sign may be permitted on walls not facing a street, provided the wall is at least fifty feet (50') from the nearest residential property line. c. One wall sign may be permitted on walls not facing a street provided the wall is adjacent to nonresidential property and is visible from the street. The sign may not encroach upon adjacent nonresidential property except as provided in subsection A5 of this section. d. The director may authorize additional wall signs for distinct uses within an establishment, provided there is a separate entrance from the exterior of the building. e. Wall signs may be permitted which identify the rear entrance of an establishment provided such sign does not exceed ten (10) square feet. f. Where a multi -tenant office -industrial building greater than two (2) stories in height seeks to install a wall sign(s) identifying a primary tenant, only one such tenant may display their identification on the building. Village Board Meeting - December 6, 2016 Page 155 of 578 g. Sign copy for a single tenant or business wall sign shall contain no more than ten (10) items of information. If the name of the tenant is longer than ten (10) words, then additional items of information are permitted to display the entire name of the tenant. 2. Area: The gross surface area of a wall sign shall not exceed ten percent (10%) of the area of a building wall adjacent to the business, including doors and windows, to which the sign is to be affixed or one hundred —fifty (150) square feet, whichever is smaller. The gross surface area of a wall sign may be increased to twenty percent (20%) if the sign consists of only individual, outlined alphabetic, numeric, and/or symbolic characters without background besides the building surface to which the sign is affixed, provided the increase in size does not exceed one hundred fifty (150) square feet in area. If the building is set back two hundred fifty feet (250') from the public right of way, the director of community development or his authorized representative may authorize the wall sign to exceed one hundred fifty (150) square feet, but measure no more than three hundred (300) square feet subject to compliance with the percentage requirements discussed above. 3. Projections: No wall sign shall project from the building wall more than twelve e`er inches (129") 4. A mansard sign shall be located on a decorative mansard and shall be single faced and be mounted directly vertical as a wall sign, with no visible angle iron, guywires, braces or secondary supports and all hardware concealed. No mansard sign shall extend above the highest point of the mansard structure. 55. Encroachment: In instances where an exterior wall sign encroaches less than one foot (1') -upon an abutting property, a sign permit may be permitted provided the abutting property owner —has granted written permission for the encroachment. B. Wall Signs in Shopping/Business centers: 1. Shopping/Business centers shall submit a written sign criteria identifying sign type, color and design to be used within the center to unify wall signage. Upon approval by the director, this criteria shall be used in addition to these guidelines to evaluate the design of all new signs in the shopping/business center. 2. In Shopping/Business centers where a written sign criteria has not been established, and a mixture of sign types, colors, and design has been utilized for Village Board Meeting - December 6, 2016 Page 156 of 578 existing wall signs, then the sign criteria for any future wall signs proposed for that shopping center shall be established by the maximum percentage of signs currently installed on the site. vFcJe6+.'cm^gg 9.'^gRG2-; Repealed. C. Logographs: In addition to other signs permitted under these regulations, wall mounted logographs shall be permitted provided: 1. No more than one logograph may be permitted per street frontage per establishment, except that a logograph may be permitted on a wall not facing a street, provided the wall is adjacent to nonresidential property and is visible from the street. The logograph may not encroach upon adjacent property except as provided in subsection 7.302 A.5 of this article. 2. Such logograph shall not exceed twenty five (25) square feet in area. 3. The area of any logograph, when located on the same building elevation as a wall sign, will be included in the maximum sign area. n nnar,sar,+ c,.r,s 1. NI-I;,ber: The.re shall net he rpe.re +hap a apd s R fer each r, r,al tefianupt Ar'- G;P GARtAiRISId Wi+hin a h6lildiRg VidPd RA calls s diFeGte J to the saw, street frer,+a..e 7 I esafier, A marsaFd sign Ishall he locate.- er, a .deserAtoy r, API;;ar.d AP Comment []S29]: Incorporated with wall sign s�uI-he-s+Rg,Ie��ed aaa-pd-'Rtedd,ir es�tly aas�aa I�.4a„llre+g„With Re section le I braces daily r+s ar,.J all har.J�.�are 4;,�-�,9,ea�ayw;-res���vrsesc3;�,���i�= G9Rsea�ed. Ne-rmansaFd e+g„ shall extepd- abePe the —hig est^ inti rRaRsa r.d s+r. sfi re 2 area; The g a of a rP ar.J SigR shall RGt ISIXG191191d ter, PerGeR+ (1904) Gf+he uFea of g all ir,s16 ding dGGr8 WiRdews, rRa sap- +e Whish the s 6 +e he A -AXP- J a h6 IRdFed fi#y (1 50) squape feet,rheuer spPalller. The gFGss sl-1area e—r saFd Sig„FRay be iRGreased tG tWeRty peFGeRt(20,0) Of the SigR GGRSOStS of er,l„ ir, Ji"i J al 91-Wi red alphabe+tiG,,�r'i'a'rneFOG,,-'rnRicdirGF Svyri h"�vGIOG A—harar-,te-Rs I.A.AithG61t haGkgFG ir,.J he ,, the ldiRg rfas I.Ahish +hes a#ixedyide.J the vc c�-trr� i-rcmg-Giirrave�" iP s+;zedeee-PAt exGeed APP h,—dpedfi#y (150) egtate feet OR -urea. Village Board Meeting - December 6, 2016 Page 157 of 578 D€. Awning and Canopy, °^G' Mapg6iee e;,.., r-a.,r,H aWRORg,Rd FR Ssigns shall be permitted subject to the following: 1. An Awning or Canopy Sign may be used as primary signage provided no wall signs are directed to the same street frontage. The area of such sign shall not exceed fifty percent (50%) of the exterior surface area of the awning, or face of the canopy, up to a maximum of one hundred fifty (150) square feet, whichever is less. 24. An Awning or ter -Canopy Ssigns may be used as secondary signage, in addition to appe-untedA-In thefa^ r,f the GaRGPY PFGPeF,ded Re wall Sig„S are dire6teC-� fte the sarp street frr,. tag. ;_;.The o r,f o, irh G Sig„ ShA- 11-nvt-P_XGeeEi f #y PeFGep+ (59%) Gf the afea +hefo^ r,f +hon y tG Whi^h the 'c to be fixed n r,f nno zrr c-wrnvrr-crTc�n�ozvvc-a-rn�c h6 lRdFed fi#y (1 50) o e foo+ WhiGho"or OR I000 CA'R py, o A-Rd- �Qee sig„s r�e�Geed;r,g- + a;ag<;reg�,to o urfar e o of fG ir (4 ) �T squape feetape exempt the ppe-vsiens G#this sGde.primary sign provided the area of the secondary sign does not exceed fifteen percent (15%) of the exterior surface area of the awning or face of the canopy, up to a maximum of four (4) square feet, whichever is less. 321. Under—Canopy Signs: An additional canopy sign may be mounted on the underside of a canopy, perpendicular to the building wall, provided no more than one such sign is installed per establishment. The area of such canopy sign shall not exceed four (4) square feet. 44. Projection: No canopy sign shall project more than twelve e`er inches (129") from the canopy proper. 54. Clearance: A clearance of eight feet (8') shall be maintained from base finished -grade to the lowest point on the sign. g ra.,A.,,o^ nr o .,.,;., .^:In a B-5 Zoning District: a. ter -Canopies or awnings permitted under these regulations may extend over the publicright of way the lesser of five feet (5') or to within two feet (2') of the curb line: provided no supporting posts, columns, or braces extend beyond the property line. Village Board Meeting - December 6, 2016 Page 158 of 578 ���IT.L�7GT.TWIT.It�fG1�G1�ILSiT'R�7f1T.�::1.T.1�l:TESStI�lC EF. Projecting Signs: 1. Number: One projecting sign per street frontage per establishment shall be permitted, provided no other signs for such establishment are located on the same bujlding wall, except as provided in subsection 7a of this section.-. Projecting —signs will not be permitted on industrial buildings or on street frontages of buildings located along -major arterial roadways. 2. Area: The area of a Droiectina sian may not exceed sixteen (16) sauare feet 3. Height: No projecting sign shall extend above the roofline of the building on which it is located or fourteen feet (14') from base fini-.;hpd grade, whichever is less. 4. Projection: No projecting sign shall project from the building wall more than four feet (4'). 5. Clearance: Projecting signs shall be located such that a clearance of eight feet (8') is maintained from based grade to the lower edge of the sign face. {9c 575n 7 221. 22nna 6. Indemnification/Insurance: Where a projecting sign authorized by this Code overhangs any portion of the Village's right of way, the owner of such sign shall execute an indemnification/insurance agreement in a form provided by the Community Development Director that indemnifies and defends the Village from any liability or legal claim arising out of the location and/or operation of such sign. Such indemnification shall be funded by insurance, naming the Village as an additional insured, in an amount to be determined by the Community Development Director. 7. In a B-5 zoning district: a. Number: One projecting sign shall be permitted per business establishment. A projecting sign and a wall sign may be placed on the same wall provided that the projecting sign complies with 1-5 above and the size of the wall sign does not exceed twenty five percent (25%) of the maximum size permitted by this code. b. Location: Projecting signs permitted under these regulations may extend over the public right of way four feet (4') or to within two feet (2') of the curb line, whichever is less. Village Board Meeting - December 6, 2016 Page 159 of 578 F. Directory Signs: Directory signs which identify only the names and locations of occupants or uses within a building or on a lot shall be permitted in addition to other signs permitted under these regulations. 1. No more than one directory sign per lot. 2. No directory sign shall exceed twenty (20) square feet in area or eight feet (8') in height from base grade. 3. No directory sign shall be located closer than fifty feet (50') to any property line. GA. Freestanding Signs: 1. Number: a. No more than one freestanding sign per street frontage per lot shall be permitted with the following exception: Freestanding identification signs in lieu of wall signs shall be permitted in a multi -tenant office or industrial building provided that each tenant has a separate at grade entrance. The sign shall be located at the entrance to the tenant's space. No sign shall exceed ten (10) square feet or six feet (6) in height from finished base grade. b. Sign copy for single tenant freestanding sign shall contain no more than ten (10) items of information. For changeable copy signage refer to subsection 7.302 H2SD of this article. c. Sign copy for a multi -tenant freestanding sign may contain the names of no more than six (6) tenants on a sign face for a retail or service business center. A maximum of eighteen (18) items of information is permitted. Changeable copy/Electronic Message Center signage shall not be combined with multi tenant signs. d. Freestanding signs on properties with multiple street frontages shall be oriented perpendicular to the street right of way. 2. Height: No freestanding sign shall exceed twelve feet (12') in height from base wed -grade. Berms shall not be considered based grade. If lesafed 'thm., dr f (I QQ'\ f o tial the height �;�-e,� �eet��re ep�per#,�� r�Re�„t PeF rr„tted Cu haRAt o eed teR foot (See section - 7.702495 of this chapter for illustration.) 3. Area: No freestanding sign for a commercial use shall exceed the maximum area of seventy five (75) square feet per sign face. FpeestandiRg SigRS fGF all ethor aha t exr.eed maximum arm f fi# ism a feet er „tee- Wises �,�-r,e� �� �r,�r�t � � If a freestandiRg s+ge,.,,fie —h, indeed feet (I nn residentia Village Board Meeting - December 6, 2016 Page 160 of 578 lino a ea e-FrPitcted- fer a free$+and-indr n shall e AT�P�Tm-rte r�c'm�i'rmri'a'm-rim � �vr-a--iT iurTc*TTc�� red-. ded- by tWeRty en+ (20%) 4. Business Identification: No freestanding sign shall be closer than fifty Aped feet (504-99') to another freestanding sign on the lot except as otherwise permitted in this article (temporary signs). 5. Setback: No freestanding signs shall be located closer than five feet (5) to ae exterie —property line. 6. Distance Measurement: The location of a freestanding sign shall be measured as the distance between the point of reference specified and the closest point on the sign. 7. Vision Clearance: No building, structure, sign, planting or other obstruction which is over three feet (3') in height, shall be located within a triangular area established at the intersection of 2 streets, or street and driveway, public walk, bike path or public walking path. Such triangle shall have legs of ten feet (10') along the property lines when two streets intersect or within 10' of the driveway, public walk, bike path or public walking path. In unique situations, the director shall determine the distance that is reasonable safe. Sight ;e4_- in height-. 8. Overhang: No freestanding sign may overhang any part of a structure, parking or loading space, driveway or maneuvering aisle. 9. Landscaping: All freestanding signs must be located in a landscaped area separated and protected from vehicular circulation and parking areas. A minimum of two (2) square feet of landscaping will be required for every one square foot of sign face required. When located in a parking area, perimeter curbing is required. Landscaping shall form an attractive, dense cluster at the base of the sign. 10. Single pole signs: shall have a pole skirt at least 'h of the width of the sign .CreestandiRg SigRS 6h96lId hAvpa a++rar+ive rArPh0RAtiGR of vele SmrFcT i;ri.J ' + + he in+e +he Ayerall hi+ +6 ire Iand-snaniRg and- +ened.ranhy v-Irrreg,=a:e�„c��i�rnv-mcv4carvr,*ce6 eFi the ?'ote. teriai used fGF pele skirts shall rpatGh the n w,o+oriel U tilizo.J A_R rve h6 gild-ind. er h6lild-ind.S they ideRti y BFink weed, nreaStrRaasG ,she galls a erhd treated- n•,e+al I.dII he a en+ahle rpaterials +e he sed- fer vele Si mrt�c 'R'St�c-vvmpaa+c'mblle ii+�Te�ate�o�l used in+hes n The hale d,f+he SigR moist he a rpip.imurp.of 14 the I.A.Aidth of the s 110. Gas Station: Changeable copy used in a gas station freestanding sign shall be included in the maximum sign area for allowable freestanding signs. Village Board Meeting - December 6, 2016 Page 161 of 578 HQ. Changeable Copy Sian/ Electronic Message Centers: Manual ghan fiffB& Sshall be permitted when incorporated into a I.^43" ^r freestanding sign subject to all applicable standards. 1. No more than six (6) permanent items of information will be allowed on a sign which incorporates changeable copy. The changeable copy portion of the sign shall be limited to less than forty percent (40%) of the total area of the sign face, and located below the permanent items of information. NOW 2. The changeable message format shall conform to the following requirements: a. The message will contain a static message only, and not have movement, or the appearance or optical illusion of movement during the static display period. b. The transition to change from one message to another shall be instant (a.k.a. slideshow) and not dissolve, fade, scroll, travel or have similar transitions. c. The message shall not change more frequently than once every ten (10) seconds. 3. All electronic message center signs must be equipped with a default mechanism that will stop the messaging or freeze the image in one position when a malfunction in electronic programming occurs. 4. See brightness guidelines in Article IV Section 7.401 Illumination. I. Directional Signs: 1. Sians which direct or regulate the movement of pedestrians or vehicles into or within a site provided: Village Board Meeting - December 6, 2016 Page 162 of 578 a. No more than one such sign is displayed per driveway entrance: and such signs are displayed within the interior of the lot as approved by the director. b. The sian does not exceed ten (10) square feet in area or six feet(6') in height from based grade for freestanding signs or fifteen feet (15') in height from base#Ri&h494 grade for wall signs. c. No more than ten percent (10%) of the area of the sian is used to identify any business, product or service. JG. Menu Board: One menu board for a drive-in restaurant or per drive-through lane r*crc�caaTa # shall be permitted in addition to other signs permitted under these regulations, provided such sian does not exceed forty=(4032) square feet in area or eight feet (8') in height from based grade, and light from the menu board is contained to the drive-through lane only. K€. Off Premises R- soneso Id_eR ,f,.a#&R Signs: The following standards shall apply: 1. The sian must direct attention to a business on a lot adjacent to the lot on which the sian is located. 2. The sian must be located on a lot which is adjacent to a major arterial street. 3. The number of freestanding signs permitted by this article shall not be increased by the placement of the off premises sjan. 4. The lot on which the business to be benefited by the off premises sian must not have any frontage on an arterial street. S Ano o.,+ Ar IOrPPoo rp -o+horpppt Af+ho Aff 56. The sian may contain changeable copy as provided for in subsection 7.302 H. 25D of this article. 6. A letter of consent from the property owner where the sign is to be placed, must be submitted with the sign permit application. L€. Development Identification Signs: 1. Size: a. Single-family (attached and detached) subdivision signs shall be a maximum of thirty five (35) square feet. Village Board Meeting - December 6, 2016 Page 163 of 578 b. Business and multi -family residential signs shall be a maximum of seventy five (75) square feet in area: provided, however, that in any development which exceeds seventy five (75) acres, an additional one square foot of sian area for each additional acre of such development shall be allowed, to a maximum of one hundred fifty (150) square feet in area. 2. Height: a. Single-family subdivision and multi -family residential signs shall be a maximum of eight feet (8') in height from established grade. b. Business signs shall not exceed twelve feet (12') in height from established rade ^ e foot /Q'\ fFe Rq f . oho J .ro Jo 3. Location: a. Single-family subdivision and multi -family residential signs shall be located a minimum of five feet (5') from any property line. —b. Business sians shall be located a minimum of twelve feet (12') from any roped The distance from the property line shall increase one foot (1') for each six and one-fourth (6.25) square feet of sign area over seventy five (75) square feet. Comment []S30]: Deleted this section_ Not sure why we would ever allow a sign on unimproved lots other than a temp sale/lease sign_ Village Board Meeting - December 6, 2016 Page 164 of 578 11:Mz= 11M frl•T•T :11 • M, 0 Comment []S31]: Eliminated "Special Signs" and dust grouped these signs with wall or freestanding types Comment []S32]: Changeable copy Signs and EMC now combined Village Board Meeting - December 6, 2016 Page 165 of 578 Village Board Meeting - December 6, 2016 Page 166 of 578 Village Board Meeting - December 6, 2016 Page 167 of 578 Comment []S35]: This section eliminated and signs from this section have been incorporated into Article III Sections +h^ g "ol .,hi^..+i.,^o eel liAP-d- i ^..fi^^o 7.101 and 7 77(1 Af this.; ..ho",+^" A CI^..+". ni.. AA^ooa^^ f`^",+^"o• I4.,., of^^ ..,i+h o.,., ..epy, g ""phi.o "display that Comment []S36]:EIectromc Message Center +h^ ^1^ ,.h^.,..^S h., ..+"^^i^ ^^h^.,i..ol "., .,h^., the ",hi..o .," display and Changeable Copy Boards have been ^ c ^^., "^ 1^combined o f,..^.J .,+i.,.,l^oo o.,.J ., .,floohi.,.. f.," a PeFied ef+hil4y (3(1) o RdS ., shall h^ A- oi.J^"^.J o ..haRgeohl^ .. .,/"^o.J^" h.,o".J and Ret Feq6l2Fe SpeG of t/T: :tlSd:LT.ST-T! \ G7^T17�� SLT�PI"- ------- -- ' - '-'-r - M-111, ftlffl.�.-. lights, eF R.A-ludeo o+ed Pi..+.,"iol g ph2G6; Village Board Meeting - December 6, 2016 Page 168 of 578 -7 WE m�:��rzrrrsrsr_rr.�rrsrs�:r_�ssr_rsrnr_resr_�s Village Board Meeting - December 6, 2016 Page 169 of 578 Comment []S37]: This section eliminated Signs for large scale development should be handled as part of a PUD Village Board Meeting - December 6, 2016 Page 170 of 578 ._ _ _ __l!'!9:!lt1.71,_T_7=lTLT_�T_!_T_7GlA/_7!T_E7T_lf1774/_T_!LT_T_�1�1T_�^iL^riif•Z • • • • Village Board Meeting - December 6, 2016 Page 171 of 578 Village Board Meeting - December 6, 2016 Page 172 of 578 r- a��.IL Village Board Meeting - December 6, 2016 Page 173 of 578 j 7 Village Board Meeting - December 6, 2016 Page 173 of 578 Ind 7 en1. GENIERAI PRINGIR6€R FEIN SIGN D€RIGNI:L r .tv ��o c��c�c Jill' 9111 111,11 IIJ :'i:' i.=, !f� ! . i NO This Comment []S38]: Eliminated this Article and all "Sign Design' that is subjective and difficult to enforce. A few Sections have been moved and incorporated with in Article III as comments indicate. Village Board Meeting - December 6, 2016 Page 174 of 578 alums Village Board Board Meeting - December 6, 2016 Page 175 of 578 Village Board Meeting - December 6, 2016 Page 176 of 578 I'd Ili ! 11'1111,11HII'lll'1 . 7,1510-W.1 111LIT I ai H:l J. j—k' I I'—�!11EA. :Il. i : -an *12t TNS This Village Board Meeting - December 6, 2016 Page 177 of 578 R � t " ■ :M 9a Village Board Meeting - December 6, 2016 Page 178 of 578 This Not This This Not This Comment []S40]: This same information is included under mansard signs Village Board Meeting - December 6, 2016 Page 179 of 578 #a m Y ! r y.l ,* TOTAL : 6 l MS =sW77�A.Tlr: This - :R'IXURANI 06'11�1'1(� / Not This TOTAL. = 4 Ir5W Comment []S41]: This information is included in Article III and in the definitions MAXIMUM OF TENT ITEMS 2' OR LARGER NO LIMIT TO THE NUMBER OF I'MMS OF INFORMATION SMALLER THAN 2" INCHES Village Board Meeting - December 6, 2016 Page 180 of 578 This � URj Not This W& =5 :. s_Ws 3 _'�' , Village Board Meeting - December 6, 2016 Page 181 of 578 J tiaiJ:ltil�Ll�Jl.t� � { 1 V �'..iiJI This Not This Village Board Meeting - December 6, 2016 Page 182 of 578 noun letters on metal raceway incompati:�le 'with natural wpvd 4inishes on facade Not This routed wood sign compatible with natural wood Finishes on facade __ This Village Board Meeting - December 6, 2016 Page 183 of 578 Not ThjS Village Board Meeting - December 6, 2016 Page 184 of 578 Not This This Comment []S42]: This information is included with the freestanding sign section Village Board Meeting - December 6, 2016 Page 185 of 578 :a:dscap lq tco sparse and poar V!3JZ-- Ca5a fZY Not This 5errn and foundatizin plar.tires to relate to b lding treatment F' LD(MaK.IS This Village Board Meeting - December 6, 2016 Page 186 of 578 This Comment []S43]: This information is included under multi tenant signs Village Board Meeting - December 6, 2016 Page 187 of 578 for the center as a whole and shall be adequately separated from one another. This Not This Comment []S44]: This information moved to Wall Signs Village Board Meeting - December 6, 2016 Page 188 of 578 hle f the fora Sl so tm�tchalf /� \ the total aFea sk��ea��eat a tkx, � ,�„-� � of that o'rvn fore tie Thi: This -'v 9 Not This Comment []S45]: This information is included with Changeable Copy/EMC signs Village Board Meeting - December 6, 2016 Page 189 of 578 Article IVV ILLUMINATION AND MAINTENANCE"?] u 7.4501: ILLUMINATION: 7.45025: MAINTENANCE: 7.4501: ILLUMINATION:6il El Any sign permitted under these regulations may be illuminated, provided such illumination complies with the following: A. Hours Of Operation: With the o ptie , „f opoGtFE)Ri Rtor all illuminated signs within one hundred feet (100') of any residential property (lot) line shall be turned off between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. unless the establishment is engaged in the operation of its business with employees on the premises during such period. B. Installation Or Application: Illumination shall be installed or applied such that: 1. The light source is contained within the sign and is visible only through a translucent surface or recessed into the sign structure; or 2. The light source is external to the sign and is directed to and concentrated on the sign; or 3. The light source is supplied by neon tubing. C. Glare: Illumination shall be prevented from striking or causing a glare on the street or nearby properties. D. Protection Of Light Source: Floodlights, gooseneck reflectors or other external sources of illumination shall be contained within a protective casing. E. Motion: Illumination shall be constant in intensity and color and shall not consist of flashing, animated, chasing or scintillating lights. Electronic message centers, as defined herein, shall not be considered "flashing" signs for the purposes of these regulations. F. Brightness Limitations: In no instance shall the lighting intensity of any sign, whether resulting from internal or external illumination, exceed seventy five (75) foot-candles when measured with a standard light meter perpendicular to the face of the sign Village Board Meeting - December 6, 2016 Page 190 of 578 from a distance equal to the narrowest dimension of the sign. (^rd. 4519, 1 19 1993; nrd 5750 7 21 20W G. Electronic message center signs must not exceed 0.3 footcandles over ambient lighting conditions when measured at the recommended distance, based on the electronic message center size. The recommended distance = area of sign sq ft x 100' m ill,,.Ainatie_n .,f five +he usand (5,000) R46 fi.,o h11Ad_FP_d (500) R46 (GaR eloo n squaFe o+or) hofiAie-eR .J--oL +., .Joy. XA as RAP-ERGUIPP-d- fFe Rq the 0 o fond o+ RR w, hrigh+.,000 H. All electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements.62gRS `hall have an w,hio.,+ light .. ni+„r that will � �+., w,o+i..-ally adjust the hright.,000 IeVelo h000.J A_ MbieRt light .. ndi+iens.; 7.45026: MAINTENANCE:! LIJ A. All signs authorized under this Code shall be properly maintained at all times. Proper maintenance includes, but is not limited to, keeping all materials, surfaces and lettering in good condition and physical appearance, as well as keeping any mechanical or illumination features in good working order and condition.Thp- ow=rp-P nd eFdeF'y .. ., rr.n o.,.J geed We*iRg .,�r.Jor o+ -all +ipAes Rd to ffevPHU +ho d eVel.,.,MeRt of aRY r o+ GeFFeGieR, r.,++iRg ., ether rJo+orir.ro+i.,., in the phySi..ol safety of 661..h o B. The Village, through an authorized inspector, shall have the authority to inspect any sign authorized under this Code to determine whether it is properly maintained. Any sign found not to be in good condition or working order as described in subsection A of the Section 7.402 shall be removed, repaired or replaced.Thp- ^wnp-r .,f '^„ SigR . .lated by thio ..hapteF Shall be r Fed to have n eF!y n Rted all .,or+o and suppei4s of+he said SigR YAP-, ., .,loon the same aFe galvanized ' A ethoP. rise tFeated to n .,+ rust .,r dete ro+i.,., //lr.J 4519 1 19 199Q\ C. Abandoned signs shall be removed when they have been found by the Director to be causing confusion to the public or pose a safety hazard. Village Board Meeting - December 6, 2016 Page 191 of 578 Village Board Meeting - December 6, 2016 Page 192 of 578 Village Board Meeting - December 6, 2016 Page 193 of 578 Article Vt ADMINISTRATION AND ENFORCEMENTI i iEi 7.5601: PERMITS: .61 6,0. SUBMISSION REQ ooERAIENT25- 7A10- DCMCC CIT CC- 7.6,lC- CTAN ARDR cQR Rmil RATAND APPROI/AI 7.6,9!1- INQUAINIFICATI/IAI 7..6,90 E- INSP`TIOAI- 76,411a AQAhl-DO-Aird SIG -1447 7.502635: NONCONFORMING SIGNS: 7.503640: ILLEGAL SIGN (BOTH TEMPORARY AND PERMANENT): 7.5601: PERMITS:° A. Unless otherwise exempted under this chapter, no sign shall be erected, altered or relocated without a permit for such sign, issued by the village with the approval of the director as required by this chapter. B. No sign permit shall be required for repainting, cleaning and other normal maintenance or repair of a sign structure for which a permit has been previously issued. C. Prior to the filing of an application for a sign permit the staff is available to meet with business owner, property owner, and/or sign company to review any concepts. (9 -Fd-. 4519 1 19 1993) D. See the Sign Permit Application for submission requirements. E. See Appendix A, Division II of the Village Code for sign permit fees 7.6-0-6- el lQRAISSIGN REQ ooEEITS- [_i The fell. Winr, r n+n aFe ReGessaFy to submit fee r A All cigRS, . s ,for eaGh sign reqHesfed. 2 CAR' c. onifna+i . n /n r .ion\ ole. n a. + S nifino+i . n nh .,i. . the fe �iree6ta RdiRg 62gR. ' 'Z Wind c+re, /4 /'`.,.,ion\� All .Joni..., .,lo.,n f.,r .,eW, .,+o.J ., GeRqpaRy that the n Rd all n n+n ho -VP- hoo., de6i. Red to Withstand a Village Board Meeting - December 6, 2016 Page 194 of 578 Village Board Meeting - December 6, 2016 Page 195 of 578 Comment []S46]: Located in Appendix A, Div 11 Comment []S47]: Located in Appendix A Div I Village Board Meeting - December 6, 2016 Page 196 of 578 Ed erta;RS to a use eF ostiVity Whish Re leRge plies shall ho rieew,eri to have been RhandAnpd Comment []S48]: Signs are no longer labeled Comment []S49]: This information moved to Maintenance Section Comment []SSO]: This Section deleted and will be addressed under "Maintenance" Village Board Meeting - December 6, 2016 Page 197 of 578 effig—RetiGe-efrl'r2R. in�T9119T� 7.502636: NONCONFORMING SIGNS:')) lEl , /17'\ 161+ Ret Rq a +haR o ghteeR foo+ /18'\ in height ybe .. RtiR61e J A-PARRtaiRe- -The owner or beneficial user of any legal, nonconforming sign shall maintain such sign in good -condition and repair, provided that said sign shall not be changed or altered in any manner other than replacing a face panel, iRG161 ,iRg face ^haRgeS; shall not be changed to another nonconformity; shall not be expanded; shall not be structurally altered to prolong its useful life; or shall not be moved in whole or part to any other location where it would remain nonconforming. of fi#y n R1 /FQUI .,f i+o ., .,+ �.ol��o oholl ho +orPA AR Pd i o.Jio+oly P` RY h n .,f.,rw,iAg be A- ., inued- until Ney h F 1996 Th ft v�crr�r- �vi�n "' zn'-rm--rvvvei�ive•r�, r �-rr2FG�a�r2f, ..h o gR oholl ho w,o.Jo to .. Rf.,rw, by RA .,f of+o rofir.n ., of n+i.,.. these + 1 f4 lanuary 1 (QFd 4�F1 1 1 �Q(�Q(s��e���;�ed�=a�;e,=tees-ers�esie�ses-anergy , '�99a�T9�9- �7 7.503640: ILLEGAL SIGN (BOTH TEMPORARY AND PERMANENT):'! LEI A sign installed without a permit and/or in conflict with the provisions of this chapter is a violation of the sign code and subject to penalty fees per day of violation as set forth in Village Board Meeting - December 6, 2016 Page 198 of 578 appendix A, division III of this code. Any permit fees associated with an illegal sign shall be paid at twice the normal fee requirements. (QFd. 4519 1 19 1993; amd. QFd. 5199, FF 1) Article Vlt APPEALS; VARIATIONS AND TEXT AMENDMENTS Qt Village Board Meeting - December 6, 2016 Page 199 of 578 7.67-01: SCOPE OF APPEALS, VARIATIONS AND R-PEQALJJeE AND TEXT AMENDMENT: 7.602: NOTICE REQUIREMENT: 7.603740: PROCESSING, NOTICE AND HEARING: 7.604: ACTION ON APPEAL, VARIATION OR SPECIAL USE: 720: RTAINI ARDR FOR cor=QiA�rm- 7.605: STANDARDS FOR VARIATIONS: 7.60658: STANDARDS FOR TEXT AMENDMENTS: 7.6-701: SCOPE OF APPEALS, VARIATIONS A"11113SPRCIA1 i RE AND TEXT AMENDMENT:'! CJ An appeal from a staff decision made in interpreting, applying and/or enforcing the regulations contained in this chapter may be taken to the planning and zoning commission. A variation may be requested from the height, area, and minimum distance requirements contained in this chapter. ° SpeGial use may be requested- - +„ au„,., fe- . d the e „ty eptie., and eff n S h ,oi.,000 id-P—AtifiGatieR SigRS. The planning and zoning commission shall hear text amendment requests and make a recommendation to the village board for final action. (GFd. 5750 7 21 2009) 7.6027416: NOTICE REQUIREMENT:Q ! (J A. An applicant shall file notice of such appeal, variation SpeGial 61se or text amendment forms provided by the director, who shall forward a copy without delay to the village clerk for processing and notice. B. The notice shall be published in the local newspaper not less than five (5) days prior to a public hearing before the planning and zoning commission. C. The notice of appeal, variation SpeGial use or text amendment shall contain the following information, as well as such additional information as may be prescribed by the planning and zoning commission. 1. A legal description of the subject property. 2. The commonly known location (address) of the subject property and property identification number (PIN). 3. A brief statement of the nature of the requested appeal or variation. Village Board Meeting - December 6, 2016 Page 200 of 578 4. The name(s) and address(es) of the legal and/or beneficial owner(s) of the property for which such appeal, variation, SpeGial use and text amendment is requested and the written approval —from the property owner to apply for such request. 5. The name(s) and address(es) of the petitioner(s). 6. The name of the legal representative of the petitioner, if any. D. At the time of filing, the notice of appeal, variation, SpeGial 61se or text amendment shall be accompanied by such plats and exhibits as may be reasonably necessary for a proper determination of the question presented for review. E. Fees as set forth in appendix A, division 11 of this code. (QFd. 4519, 1 10 1003; aRgd QFd. 5199515-2 1; QFd 5754 7 21 29W 7.603748: PROCESSING, NOTICE AND HEARING:]' lEl A. Upon receipt by the village a copy of the notice of appeal, variation, SpeGial 616e or text amendment that has been duly filed with the director, the village clerk shall assign the case and/or docket number to the petition and shall maintain a file for such petition, which file shall be open to the public for inspection during regular business hours. All documents pertinent to the case (application, evidence, exhibits, transcript or record of proceedings, etc.) shall be placed in said file by the village clerk. (QFd. 4510 1 10 1003) 7.604746: ACTION ON APPEAL OR; VARIATION ^R SPR I.AI 1_1!_;E.1T) LEI A. The planning and zoning commission shall, within fifteen (15) days after the hearing, decide the appeal made from such order, requirement, decision or determination made by the village staff in the administration and enforcement of this chapter. The planning and zoning commission shall use the physical parameters and dry +a,sguidelines included in this chapter as the standards for their decision. B. The planning and zoning commission shall, within fifteen (15) days after the hearing, decide the variation eF SpeGia' use requested from the standards and/or general objectives contained in this chapter. The planning and zoning commission shall recommend action to the village board on text amendment requests within fifteen (15) days of the hearing. The planning and zoning commission shall use the physical parameters and guidelines de6igR standincluded in this chapter as the standards for their decision or recommendation. Village Board Meeting - December 6, 2016 Page 201 of 578 C. No permit shall be issued during the pendency of an appeal, variation SpeGial 616e or text amendment before the planning and zoning commission, nor while litigation is pending in any court challenging the village's actions, nor while any appeal, variation SpeGial use or text amendment is pending from any court's action overriding or reversing the village's actions, nor during the time within which such appeal from a court's action can lawfully be taken. D. Nothing in this section shall be construed as abolishing any other regulation restricting the issuance of permits or the construction or alteration of buildings but is in addition thereto and declared to be an emergency measure and necessary for the immediate preservation of the public peace, health, safety and general welfare. (9 -Fd-. 4519119 1993; aRgd nr,t 5750 7 21 2909) 7 720- STAN ARDS FOR SPECIAl IIR Comment []SSI]: Special use permits eliminated A. ( The plaRRiRg andZeRiRg oholl .,.,t r Rd a gFaRt a SpeGial o that - Village Board Meeting - December 6, 2016 Page 202 of 578 f..h the 0 0l hos o hos ., g Rted shall 6AI�ir6S-16„--rThe ,-r� 'e6+ rpti=vpelty=�eF Whi by fi14hor fiRdiRgS of faGt a addi+ieRal a of p6lFsHaRt to Rddi+iARRI heaFiRgs�peal theFef„r. 519 1 19-1993; amd— nrd 5750 7 21 2049) 7.605: STANDARDS FOR VARIATIONS: TC A. The planning and zoning commission shall not recommend or grant a variation unless it shall make findings of fact based upon evidence presented at the hearing in any given case that: 1. The sign in question cannot reasonably identify the establishment if permitted to be used only under the conditions allowed by the regulations of the sign ordinance. 2. The plight of the owner is due to unique circumstances and the proposed variation will not merely serve as a convenience to the petitioner, but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations of this chapter were carried out and which particular hardship or practical difficulty is not generally applicable to other comparable signs or properties. 3. The alleged hardship has not been created by any person presently having a proprietary interest in the subject sign (or property). 4. The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood. 5. The proposed variation will not impair visibility to the adjacent property, increase the danger of traffic problems or endanger the public safety. 6. The proposed variation will not alter the essential character of the neighborhood; and 7. The proposed variation is in harmony with the spirit and intent of this chapter. B. The planning and zoning commission may impose such conditions and restrictions upon the subject sign and property, the location, the construction, design and use of the sign benefited by such a variation as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values, and ensure traffic safety. rOlT.HEAL^ri[:MiS[:Ti[:T:Tear.!T.milT.M— 411 risfrEf J iTiT:l Village Board Meeting - December 6, 2016 Page 203 of 578 A. When a text amendment is proposed, the planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: 1. The degree to which the proposed amendment has general applicability within the village at large and not intended to benefit specific property. 2. The consistency of the proposed amendment with the objectives of this chapter and the intent of the applicable sign regulation. 3. The degree to which the proposed amendment would create nonconformity. 4. The degree to which the proposed amendment would make this chapter more permissive. 5. The consistency of the proposed amendment with other plans and ordinances regulating property development. 6. The degree to which the proposed amendment is consistent with village policy as established in previous rulings on petitions involving similar circumstances. Village Board Meeting - December 6, 2016 Page 204 of 578 Article Vllt DEFINITIONS AND ILLUSTRATIONS'" 7.7801: DEFINITIONS: 7.7028": ILLUSTRATIONS: 7.7019": DEFINITIONS: 7fl APPEARANCE: The outward aspect visible to the public. AIRGHIT�`Tl to°l rnnirEPT- T#ehasiA aesthetiA idea „f a 16121diRg eF gFe6lp „f +ho or..hi+o..+rol ..horn..+or , ARCHITECTURAL STYLE: The characteristic form and detail, as of buildings of a particular historic period. ,°zT�TRACTW& milititios-th-o-+�-a;teaseand pr1easwe-iR +ho h seWer. AWNING: A rooflike structure made of cloth which projects from a building for the purpose of shielding a doorway or window. BANNER: A temporary sign applied to or constructed of paper, plastic or fabric of any kind with or without frame, used to identify or attract attention to a location, object, institution, product, service or business. Flags of nations, states, political subdivisions, businesses or institutions shall not be considered banners for purposes of this chapter. BUILDING WALL AREA: The area within a rectangle which encompasses a continuous portion of a building facade, unbroken by windows, doors, or major architectural interruptions of the building surface. For signs located completely within a gable, building wall area may be triangular in shape. CANOPY (MARQUEE): A permanent hood, awning or rooflike construction which projects from a building wall for the purpose of providing shelter or protection from the weather. CANOPY (MARQUEE) SIGN: Any sign that is fastened, affixed, or attached to and erected parallel to a canopy or marquee in such a manner that the canopy (FnaFquee) Village Board Meeting - December 6, 2016 Page 205 of 578 becomes the supporting structure or forms the background surface of the sign, and which does not project more than twelveei inches (129") from the canopy (rRapquee). CHANGEABLE COPY SIGN: Any sign that is designed or used so that characters, letters or symbols can be manually changed or rearranged without altering the surface of the sign. CODE: The village code of Mount Prospect, Illinois. COMMERCIAL SIGN: A sign that directs attention to a business, or to a service or commodity for sale and/or profit. DEVELOPMENT IDENTIFICATION SIGN: A sign which identifies the name of a development consisting of at least five (5) business establishments or a single-family subdivision when the development comprises a minimum of thirty (30) acres. DIRECTOR: The director of community development of the village of Mount Prospect, and/or his duly authorized agent(s). DIRECTORY SIGN: A sign which identifies only the names and locations of occupants or uses within a building or on a lot. ELECTRONIC MESSAGE CENTER: Any sign which uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and may be modified by electronic processes. ESTABLISHMENT: A. Any institution, business or industrial activity that is the sole occupant of one or more buildings having frontage on at least one public street, or B. Any institution, business or industrial activity that occupies a portion of a building such that the activity is a separate and distinct business from the other activities within the building. FLAG: A construction of fabric, plastic or paper depicting through symbols, characters, design or letters, a nation, political subdivision, institution or business when hung, without frame, from a staff or pole. FREESTANDING SIGN: Any sign placed upon or supported by structural members placed in the ground independently of any other structure on the lot. GRADE: The elevation above mean sea level used for establishing the following: Village Board Meeting - December 6, 2016 Page 206 of 578 A. Base Or Established Grade: The average elevation of the established curb extending the width of the front of a lot or, where no curb is established, the average elevation of the crown of the street adjacent to the front of a Iota. F 0 n is#ed G ra d P Tho Ar rAptA, yrs r 6 11tiRg fperp exravatiep 9F FlliRg a appFeved by the ILLUMINATED SIGN: Any sign lighted by or exposed to artificial lighting whether by lights on or within the sign or directed toward the sign. ITEM OF INFORMATION: A word, an abbreviation, a single number, a series of numbers, a symbol or a geometric shape greater than two inches (2") in height contained in a sign. A sign which combines several different geometric shapes or shapes of unusual configuration, is assessed one item of information for each noncontiguous plane. Punctuation marks and hyphenations are exempt. LANDSCAPING: Plant materials, topography, and other natural physical elements combined in relation to one another and to manmade structures. LOGOGRAPH: A sign which consists of symbols, words, pictures, letters or other graphic elements arranged in a generally recognizable fashion used to represent a particular trade, corporation, profession or business; including, but not limited to, corporate emblems, trademarks, logos and barbers' poles. Any words or letters included in a logograph shall be incidental to the graphic elements. Village Board Meeting - December 6, 2016 Page 207 of 578 LOT, THROUGH; °nY irRteFOnr In+ Inihinh has o paip of let linos alGRg tWG (2) �nh?tn�� papallol streets �� MANSARD: A roof having a steep slope, attached to the face and main structure of the building, which may extend above the parapet line or roofline of the building. MANSARD SIGN: A sign that is mounted on a mansard of a building. NON-COMMERCIAL SIGN- a sign that does not direct attention to a business, or to a service or commodity for sale and/or profit (e.g. political, religious, ideological or public information signs). nl Irnnno °n�iGorlelnlr� SIGN; °n„ Sign WhiGh diro,.+S +n on„ PFGFRn+inn b6lSiReSS +Y� is .� aGti"ity �.,hirh is nn+ nn.J� �Gted Seld n nfforpd nn +Ho let 61PGR WhiGh the s gR s In.o+o.J PORTABLE SIGN: Any sign designed to be moved from place to place or not securely attached to the ground or to any structure. PROJECTING SIGN: Any sign ether+hon o I 'A,a° Si^^mounted perpendicular to a wall that is fastened, affixed or attached directly to an outside wall of a44y building as permitted in Section 7.302 .PFGVided , RdeF SpeGiol apeas of ,.nn+rnl in this . hon+or ROOF SIGN: A sign erected or maintained in whole or in part upon, against or directly above the roof or parapet line of a building. ROOFLINE: The top of the parapet of a building with a flat roof, the deck line of a building with a mansard roof, or the eaves line of a building with a gable, gambrel or hip roof. SG I=F=; PFGP9140GRal-F2latiGRShip ef the size ef pai48 to ^Re-aanethe-Fan.+ to hu r„an fig6lFe. Village Board Meeting - December 6, 2016 Page 208 of 578 SHOPPING/BUSINESS CENTER: A commercial center developed under one ownership, with an integrated building and site arrangement and overall architectural concept. cHQRRINIG_ rGNTF=R; o g FG 61 P 9f PetA-i A -Rd- 6 .afh A A FR FRG R a G G e 6 6 A-n� GF a /ed by rR ept AF 91AARep,ship. Gpiteria shall RAt ho O., GARflirt With village standa--ds SIDEWALK SIGN: Any sign placed on a sidewalk which contains a message on one or both sides. Sidewalk signs may not be permanently attached to the ground or structure [ Il 11T TM A K I r4. A ____ __1_L 1:_1__J _111__ :..1......1:... _[1..._ /�X -_- SIGN: Any surface, object, device, display, structure or fabric which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means; including, but not limited to, words, figures, designs, symbols, fixtures, colors, illumination, projected images, or forms shaped to resemble any human, animal, product or object. SIGN AREA: The area of a sign, measured as follows: A. Freestanding or projecting signs shall be measured as the saf sign area a-resiaRgle GiFGIe ^r friaRg4e which encompasses the extreme limits of each and every sign face, including all advertising and background surfaces; but excluding structural members not forming an integral part of the display or pole covers which contain no advertising copy for double faced signs. The area of all such faces shall be totaled and such resultant area shall be divided by two (2) to -determine the total sign area. B. All other signs shall be measured as the the area w;thop TestARg;e, GMFG'e 9 tr+aagle—which encompasses all letters, words, symbols, or other graphic elements, plus any background —area which does not appear as a continuous portion of the building surface. SIGN FACE: The surface or surfaces used for the display of a sign message as seen from any one direction. Village Board Meeting - December 6, 2016 Page 209 of 578 STRF=€TS;CA REL The sseee-asprRay be ebsewed alGRg a n„hr,. stpeet9F wap TEMPORARY SIGN: Any sign intended for a limited period of display, the maximum length of which shall be one year. TEXT AMENDMENT: A change to a section or provision of the sign ordinance which requires final action by the village board of trustees following a recommendation and public hearing by the planning and zoning commission. VARIATION: A change from the regulations established in this chapter. Variations are granted upon documentation of a hardship, if the "standards for variations" outlined in section 7.60-725 of this chapter apply. VILLAGE: The village of Mount Prospect, Illinois. WALL SIGN: Any sign that is fastened, affixed or attached to and erected parallel to an exterior building wall in such a manner that the wall becomes the supporting structure or forms the background surface of the sign, and which does not project more than twelve ehteea inches (129") from the building. WINDOW: An opening in the wall of a building for admission of light containing transparent or translucent material such as glass. WINDOW SIGN: Any sign that is applied or attached to a window or is located within a building such that the sign is located to be viewed from the exterior of the building. WINDOW SURFACE AREA: The area of a building facade which is occupied by a window. (Gpd. 4519, 1 19 1993; amd Gpd 5759 5 21 a; Gpd 6111, 244-34 Village Board Meeting - December 6, 2016 Page 210 of 578 7.7028": ILLUSTRATIONS: Comment []S52]: Should be basic illustrations similar to the existing sign brochure Village Board Meeting - December 6, 2016 Page 211 of 578 Village Board Meeting - December 6, 2016 Page 212 of 578 rte. i• :.P. 4 a y 5I NGLT rAC d 0 SIGNS WIT -h Df,G4RA7WV TKI" du ; DKOKEN [ PLANES AfZ-L:A = A x D 51GN5 WITH POL-a covt�RS .,. 1. 6 GROUNIIIP Village Board Meeting - December 6, 2016 Page 213 of 578 Ii!LI I; _ �0 k-- & -- <1 GUNNED" S�GNS� (51Gu�enEA: Jt _ (9GN AgrA, A+ga G) Village Board Meeting - December 6, 2016 Page 214 of 578 ILLUSTRA310H ;. SIGHA61E AREA j1- � q6 5.0. FT - � l � ,�, x Z4• y r c ►�T�1RES 51Cy�1A15L_r-_ WINVOW A KF-A. 4.0 5Q. f �OoR� 30Y. Or 51 G NADLX- WALL A1I.EA WALL 51GN 46 -50. FT, �G 2Dr or 51CauAEs..E Icu I, NOCW AREA $ SQ. rT, Village Board Meeting - December 6, 2016 Page 215 of 578 USIRATION 5—SIGNS WrIHIN GABLES 'a16 kDL.ff t-WALL✓ AREA �lIJs(f-A7Ep SIrvWAHLE lWALt- AR A 5•t 54. FT. r� \ poor�� 5pS DFaIGN?,g>r� 27 Sa. FT. C 5oK 5fl `.31 GN Village Board Meeting - December 6, 2016 Page 216 of 578 Village Board Meeting - December 6, 2016 Page 217 of 578 Sign Types Sign Area- Wall A -6 I1 l Lett y rs Sign Area = A x B Sign Area- Freestanding Freestanding Sign Area = A x B SIGINS WITH 8 POLE A REE IIN Village Board Meeting - December 6, 2016 Page 218 of 578 Building Wall Area a A _. GWidth of tenant space r Base or Established Grade A A = 2` M ax Raised Berm 11111111"L Prr Established Grade Village Board Meeting - December 6, 2016 Page 219 of 578 Vision Clearance -i No sign over 3' in, height wthin this area Roadway W jrqzpILI, in e Village Board Meeting - December 6, 2016 Page 220 of 578 ru W jrqzpILI, in e Village Board Meeting - December 6, 2016 Page 220 of 578 Article GENERAL'I 7.101: PURPOSE: 7.102: SCOPE: 7.101: PURPOSE 'Z ICS The regulations of this Chapter are intended to coordinate the use, placement, physical dimensions, and design of all signs within the Village. The purpose of these regulations is to promote the public health, safety and welfare, and develop a satisfactory visual appearance with the Village by: A. Promoting the objectives, principles and standards identified in the Comprehensive Plan for commercial and industrial development; and B. Protecting the public from damage or injury caused by signs which are poorly designed or maintained and from distractions or hazards to pedestrians or motorists caused by the indiscriminate placement or use of signs; and C. Maintaining property values by eliminating signs that are incompatible with the surrounding land uses; and D. Encouraging a viable economic environment through uniform control of signs; and E. Facilitating effective communication between the public and the environment through signs which are appropriate for the type of street on which they are located; and F. Encouraging quality sign design to promote a better visual environment; and G. Enhancing the physical appearance of the Village through a program which ensures the removal of inadequately maintained, illegal and nonconforming signs within a reasonable time period. 7.102: SCOPE:'Z ICS The regulations of this chapter shall govern and control the erection, alteration, relocation, maintenance, removal and design of all signs within the village. Village Board Meeting - December 6, 2016 Page 221 of 578 Article 11 T„ PROHIBITED AND EXEMPT SIGNS 7.201: PROHIBITED SIGNS 7.202: EXEMPT SIGNS: 7.201: PROHIBITED SIGNS:Z EJ A. Traffic Hazard: Any sign which is determined by the director to constitute a traffic hazard by reason of size, location, design or type of illumination. B. Public Right Of Way: Any sign which is located in or which extends over the public right of way except as otherwise permitted under these regulations or authorized by the village board. C. Easements: Any permanent sign located over or upon a village utility or an easement without prior consent from the director of community development. D. Motion: Any sign which moves or assumes a nonstationary position by mechanical means except as otherwise permitted under these regulations or authorized by the village board, or under normal wind currents except as regulated herein. Example: feather signs, wavy inflatables or air dancers E. Portable: Portable signs as defined herein, except as otherwise permitted under these regulations or authorized by the village board. F. Painted Surfaces: Any sign painted directly on exterior building surfaces. G. Light Poles: Signs on light poles. H. Roof Signs: Signs which are attached or affixed to a roof and project above the ridgeline or parapet of a building. I. Pennants And Streamers: Pennants, streamers, tethered balloons, or stringed fringe . J. Inflatable Signs: Signs or other devices, which are inflated by cold air, hot air, or other inflatable gas. K. Signs On Parked Vehicles: Non -permanent signs placed on or affixed to vehicles and/or trailers which are parked on a public right of way, public property, or private Village Board Meeting - December 6, 2016 Page 222 of 578 property so as to be visible from a public right of way and used to attract attention to a business or activity located on the same or nearby property. 7.202: EXEMPT SIGNS:'Z�1.""' The following types of signs are exempted from the general provisions of this chapter and all permit requirements therein. See Article III for all other signs which shall be allowed only with permit and upon proof of compliance with Mount Prospect sign ordinance. A. Traffic Control: Signs for the control of traffic or other regulatory purposes including signs for the control of parking on private property, and official messages erected by, or on the authority of, a public officer in the performance of his duty. B. Public Information, Non -Commercial, Permanent: Signs required or specifically authorized by law or necessitated by public health or safety, in all zoning districts, provided the sign does not exceed two (2) square feet in area or as approved by the director. Examples: addresses, restroom identification, historical designation markers on a building C. Commercial Temporary: Signs located on the property, related to a temporary activity commercial in nature taking place on the property, provided - Single -Family Residential Properties: a. The sign does not exceed ten (10) square feet in area b. The sign does not exceed six feet (6') in height c. No more than one sign per street frontage d. The sign shall be removed within 3 days after the sign no longer meets its intended purpose. 2. Other Properties: a. The sign does not exceed sixteen (16) square feet in area b. The sign does not exceed six feet (6') in height from the finished floor elevation of any relevant space. c. No more than one sign per street frontage d. The sign shall be located on private property and not attached to any parking light pole or tree e. For signs that further or relate to the primary use of the property, no freestanding signs are allowed. f. Multi -tenant properties shall attach the sign to the wall of their establishment Village Board Meeting - December 6, 2016 Page 223 of 578 g. The sign shall be removed within 3 days after the sign no longer meets its intended purpose, but in any event shall be up no longer than one year. Examples: Transaction related signs such as: for sale/lease, help wanted, garage sales, contractor signs, Monday hotdog special, special sales, $1beers D. Non -Commercial Temporary: Signs located on the property provided: Single Family Residential Properties: a. Total area of all such signs on a lot does not exceed sixteen (16) square feet b. Are allowed for a period not to exceed 90 days c. Signs are removed within three (3) days after the conclusion of a special event , except as otherwise required by state or federal law d. Signs that do not meet the temporal requirements of this subsection shall require a permit. 2. Other Properties: a. The sign does not exceed sixteen (16) square feet in area b. The sign does not exceed six feet (6') in height from the finished floor elevation of any relevant space c. No more than one sign per street frontage d. The sign must be located on private property and not attached to any parking light pole or tree e. Multi -tenant properties shall attach the sign to the wall of their establishment The sign shall be removed within 3 days after the sign no longer meets its intended purpose, but in any event shall be up no longer than 90 days. Examples: park district, school or church events, political signs, proud union home, holiday decorations E. Flags: Single Family Residential Properties: A maximum of one flagpole, which shall not exceed twenty five feet (25') in height, shall be allowed per zoning lot. No more than two (2) flags shall be displayed on a single-family property at one time, and each flag shall not exceed a maximum size of three feet by five feet (3'x 5'). 2. Other Properties: A maximum of three (3) flagpoles, with no more than two (2) flags on a pole, shall be allowed per zoning lot. For flags flown from a flagpole, such flagpole shall be a minimum of four (4) times the length of the flag. The Village Board Meeting - December 6, 2016 Page 224 of 578 maximum height however allowed for a flagpole shall not exceed the district's height limitations for principal structures. 3. General Requirements: In addition to the preceding limitations, the following restrictions shall apply to flags and flagpoles within all zoning districts: a. Flagpoles shall maintain a minimum setback of five feet (5') from any property line and are not allowed within a required interior side yard. b. Flags shall not exceed fifty (50) square feet in area. c. Flags shall be displayed in such a manner that no portion of the flag shall project over any property line or contact any structure when fully extended. d. Flags shall not be mounted on roofs. e. Display of flags of the United States shall conform to all applicable federal statutes regarding the use and display of the United States flag. f. Flags shall be displayed only on flagpoles or staffs designed and constructed specifically and exclusively for flag display. g. No flag shall be displayed or attached in any manner to light poles, sign poles, trees, or similar structures or objects. These restrictions shall not apply to flags located within public rights of way. h. Wall mounted flags shall be displayed from flagpoles not to exceed ten feet (10') in length, and such poles shall not extend above the roofline. i. Flags shall be maintained in an orderly fashion and in good condition. Tattered or torn flags shall be removed or replaced. F. Non -Commercial Notice Board: Sign affixed to a building and intended for pedestrians in which the information is not changeable and presented without the use of flashing, scintillating, chasing lights or otherwise moveable means.. G. Windows: Signs on/in windows provided the total area of permanent and temporary window signs occupies no more than fifty percent (50%) of the total window surface area. Changeable Copy/Electronic Message Center Signs must also comply with Section 7.302 H. H. Doors: Signs affixed to door glass which identify the name address, contact information or hours of an establishment. Village Board Meeting - December 6, 2016 Page 225 of 578 Commercial Sidewalk Signs in non-residential districts: Sidewalk signs on public property or private property are subject to the following conditions: Purpose: Sidewalk signs may advertise only a business in a building that directly abuts the portion of the sidewalk where the sign is placed. 2. Location: a. Sidewalk signs located on public right of way shall be allowed only in the 13- 5 (central commercial) or B -5C (core central commercial) zoning districts. b. Sidewalk signs located on private property shall be allowed only in the B-3 (community shopping), B-4 (corridor commercial), B-5 (central commercial), or B -5C (core central commercial) zoning districts. Sidewalk signs on private property are placed at the sole risk of the sign owner and/or the owner of the business being advertised. c. The sidewalk sign shall not unreasonably interfere with pedestrian or vehicular traffic or with access to parked vehicles, shall not reduce the open portion of any sidewalk to less than five feet (5') in width, and shall comply with all IAC accessible route restrictions. d. The sidewalk sign shall be placed no more than one foot (1') from the wall of the building, unless the director of community development approves in writing another location due to other obstructions in the right of way. e. The sidewalk sign shall not be attached or affixed to the sidewalk, parkway poles, trees or any other public facilities. Such signs shall adhere to all vision clearance regulations as set forth in section7.302 G.7. of this chapter. 3. Size: A sidewalk sign shall not exceed four feet (4') in height and the sign area shall not exceed six (6) square feet per sign face with a maximum of two (2) faces per sign. 4. Number Of Signs: Only one sidewalk sign shall be allowed per business establishment, except that public service signs (i.e., signs indicating the curb location of valet parking) may be allowed in addition to the one sign per business establishment. 5. Use Of Signs: Sidewalk signs may only be displayed during business hours and must be removed at the close of each business day. Sidewalk signs may not be displayed during times of high winds, snow, or when sidewalks are congested and the placement of a sign may impede pedestrian movement. Village Board Meeting - December 6, 2016 Page 226 of 578 6. Illumination And Attention Getting Devices: Sidewalk signs shall not be illuminated. No attention getting devices, such as balloons, may be attached to a sidewalk sign. 7. Materials And Maintenance: Sidewalk signs shall be of high quality and professionally constructed of durable materials. Sidewalk signs shall be properly maintained as provided in section 7.402 of this chapter. J. Municipal Signs: any signs on Village owned property, or in the public right of way for Village sponsored and/or related events. Article III GENERAL SIGN GUIDELINES - All Signs Requiring a Permit 7.301: TEMPORARY SIGNS 7.302: PERMANENT SIGNS: 7.301: TEMPORARY SIGNS: The following signs shall be permitted in the village, subject to all applicable standards: A. Commercial Temporary Signs: Signs located on the property, related to a temporary activity commercial in nature, taking place on the property, provided: 1. Located on other than Single Family Residential Properties: a. No more than one sign shall be displayed per street frontage per lot. b. Signs located within one hundred feet (100') of a residential property (lot) line shall not exceed thirty two (32) square feet in area or eight feet (8') in height from base grade. c. Signs located more than one hundred feet (100') from any residential property (lot) line shall not exceed fifty (50) square feet in area or ten feet (10') in height from base grade. Village Board Meeting - December 6, 2016 Page 227 of 578 d. The sign shall comply with all location requirements for wall or freestanding signs with the exception that temporary freestanding signs will be allowed closer than one hundred feet (100') to a permanent freestanding sign. e. Temporary signs may contain a maximum of fourteen (14) items of information displayed on the sign. Sign shall be removed within 3 days after the sign no longer meets its intended purpose, but in no event shall be up longer than one year. Examples: for sale/lease, special sales, identification of a prospective business, identification of a construction project B. Balloon Or Searchlight Signs: Temporary Special Event Balloon or Searchlight devices: shall be permitted in conjunction with a temporary special event for a total of four (4) events per year. a. Ground/Roof Secured Balloons: Ground/roof secured balloons shall be permitted provided they do not exceed forty feet (40') maximum height and twenty feet (20') maximum diameter, are limited to spheroid shapes only, and without signage on the balloon(s). Such temporary balloon display shall be limited to a maximum period of four (4) consecutive days. b. GroundNehicular Mounted Searchlights: Ground/vehicular mounted searchlights may be displayed on private property for a maximum period of four (4) consecutive days. c. Hours Of Operation: Illumination of balloons and searchlight devices shall be turned off between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. 7.302: PERMANENT SIGNS:'Z LEI The following signs shall be permitted in the village, subject to all applicable standards: A. Wall Signs: 1. Number: There shall not be more than one wall sign for each principal tenant or use contained within a building except: a. Where a tenant or use abuts two (2) or more streets, additional wall signs, one oriented to each abutting street, shall be permitted. Village Board Meeting - December 6, 2016 Page 228 of 578 b. One wall sign may be permitted on walls not facing a street, provided the wall is at least fifty feet (50') from the nearest residential property line. c. One wall sign may be permitted on walls not facing a street provided the wall is adjacent to nonresidential property and is visible from the street. The sign may not encroach upon adjacent nonresidential property except as provided in subsection A5 of this section. d. The director may authorize additional wall signs for distinct uses within an establishment, provided there is a separate entrance from the exterior of the building. e. Wall signs may be permitted which identify the rear entrance of an establishment provided such sign does not exceed ten (10) square feet. f. Where a multi -tenant office -industrial building greater than two (2) stories in height seeks to install a wall sign(s) identifying a primary tenant, only one such tenant may display their identification on the building. g. Sign copy for a single tenant or business wall sign shall contain no more than ten (10) items of information. If the name of the tenant is longer than ten (10) words, then additional items of information are permitted to display the entire name of the tenant. 2. Area: The gross surface area of a wall sign shall not exceed ten percent (10%) of the area of a building wall adjacent to the business, including doors and windows, to which the sign is to be affixed or one hundred fifty (150) square feet, whichever is smaller. The gross surface area of a wall sign may be increased to twenty percent (20%) if the sign consists of only individual, outlined alphabetic, numeric, and/or symbolic characters without background besides the building surface to which the sign is affixed, provided the increase in size does not exceed one hundred fifty (150) square feet in area. If the building is set back two hundred fifty feet (250') from the public right of way, the director of community development or his authorized representative may authorize the wall sign to exceed one hundred fifty (150) square feet, but measure no more than three hundred (300) square feet subject to compliance with the percentage requirements discussed above. 3. Projections: No wall sign shall project from the building wall more than twelve inches (12") 4. A mansard sign shall be located on a decorative mansard and shall be single faced and be mounted directly vertical as a wall sign, with no visible angle iron, guywires, braces or secondary supports and all hardware concealed. No mansard sign shall extend above the highest point of the mansard structure. Village Board Meeting - December 6, 2016 Page 229 of 578 5. Encroachment: In instances where an exterior wall sign encroaches less than one foot (1') upon an abutting property, a sign permit may be permitted provided the abutting property owner has granted written permission for the encroachment. B. Wall Signs in Shopping/Business centers: 1. Shopping/Business centers shall submit a written sign criteria identifying sign type, color and design to be used within the center to unify wall signage. Upon approval by the director, this criteria shall be used in addition to these guidelines to evaluate the design of all new signs in the shopping/business center. 2. In Shopping/Business centers where a written sign criteria has not been established, and a mixture of sign types, colors, and design has been utilized for existing wall signs, then the sign criteria for any future wall signs proposed for that shopping center shall be established by the maximum percentage of signs currently installed on the site. C. Logographs: In addition to other signs permitted under these regulations, wall mounted logographs shall be permitted provided: 1. No more than one logograph may be permitted per street frontage per establishment, except that a logograph may be permitted on a wall not facing a street, provided the wall is adjacent to nonresidential property and is visible from the street. The logograph may not encroach upon adjacent property except as provided in subsection 7.302 A.5 of this article. 2. Such logograph shall not exceed twenty five (25) square feet in area. 3. The area of any logograph, when located on the same building elevation as a wall sign, will be included in the maximum sign area. D. Awning and Canopy Signs shall be permitted subject to the following: An Awning or Canopy Sign may be used as primary signage provided no wall signs are directed to the same street frontage. The area of such sign shall not exceed fifty percent (50%) of the exterior surface area of the awning, or face of the canopy, up to a maximum of one hundred fifty (150) square feet, whichever is less. 2. An Awning or Canopy Sign may be used as secondary signage, in addition to a primary sign provided the area of the secondary sign does not exceed fifteen percent (15%) of the exterior surface area of the awning or face of the canopy, up to a maximum of four (4) square feet, whichever is less. Village Board Meeting - December 6, 2016 Page 230 of 578 3. Under -Canopy Signs: An additional canopy sign may be mounted on the underside of a canopy, perpendicular to the building wall, provided no more than one such sign is installed per establishment. The area of such canopy sign shall not exceed four (4) square feet. 4. Projection: No canopy sign shall project more than twelve inches (12") from the canopy proper. 5. Clearance: A clearance of eight feet (8') shall be maintained from base grade to the lowest point on the sign. 6. In a B-5 Zoning District: a. Canopies or awnings permitted under these regulations may extend over the public right of way the lesser of five feet (5') or to within two feet (2') of the curb line; provided no supporting posts, columns, or braces extend beyond the property line. E. Projecting Signs: Number: One projecting sign per street frontage per establishment shall be permitted, provided no other signs for such establishment are located on the same building wall, except as provided in subsection 7a of this section. Projecting signs will not be permitted on industrial buildings or on street frontages of buildings located along major arterial roadways. 2. Area: The area of a projecting sign may not exceed sixteen (16) square feet. 3. Height: No projecting sign shall extend above the roofline of the building on which it is located or fourteen feet (14') from base grade, whichever is less. 4. Projection: No projecting sign shall project from the building wall more than four feet (4'). 5. Clearance: Projecting signs shall be located such that a clearance of eight feet (8') is maintained from base grade to the lower edge of the sign face. 6. Indemnification/Insurance: Where a projecting sign authorized by this Code overhangs any portion of the Village's right of way, the owner of such sign shall execute an indemnification/insurance agreement in a form provided by the Community Development Director that indemnifies and defends the Village from any liability or legal claim arising out of the location and/or operation of such sign. Such indemnification shall be funded by insurance, naming the Village as an additional insured, in an amount to be determined by the Community Development Director. Village Board Meeting - December 6, 2016 Page 231 of 578 7. In a B-5 zoning district: a. Number: One projecting sign shall be permitted per business establishment. A projecting sign and a wall sign may be placed on the same wall provided that the projecting sign complies with 1-5 above and the size of the wall sign does not exceed twenty five percent (25%) of the maximum size permitted by this code. b. Location: Projecting signs permitted under these regulations may extend over the public right of way four feet (4') or to within two feet (2') of the curb line, whichever is less. F. Directory Signs: Directory signs which identify only the names and locations of occupants or uses within a building or on a lot shall be permitted in addition to other signs permitted under these regulations. 1. No more than one directory sign per lot. 2. No directory sign shall exceed twenty (20) square feet in area or eight feet (8') in height from base grade. 3. No directory sign shall be located closer than fifty feet (50') to any property line. G. Freestanding Signs: 1. Number: a. No more than one freestanding sign per street frontage per lot shall be permitted with the following exception: Freestanding identification signs in lieu of wall signs shall be permitted in a multi -tenant office or industrial building provided that each tenant has a separate at grade entrance. The sign shall be located at the entrance to the tenant's space. No sign shall exceed ten (10) square feet or six feet (6') in height from base grade. b. Sign copy for single tenant freestanding sign shall contain no more than ten (10) items of information. For changeable copy signage refer to subsection 7.302 H of this article. c. Sign copy for a multi -tenant freestanding sign may contain the names of no more than six (6) tenants on a sign face for a retail or service business center. A maximum of eighteen (18) items of information is permitted. Changeable copy/Electronic Message Center signage shall not be combined with multi -tenant signs. d. Freestanding signs on properties with multiple street frontages shall be oriented perpendicular to the street right of way. Village Board Meeting - December 6, 2016 Page 232 of 578 2. Height: No freestanding sign shall exceed twelve feet (12') in height from base grade. Berms shall not be considered base grade. (See section 7.702 of this chapter for illustration.) 3. Area: No freestanding sign for a commercial use shall exceed the maximum area of seventy five (75) square feet per sign face. 4. Business Identification: No freestanding sign shall be closer than fifty feet (50') to another freestanding sign on the lot except as otherwise permitted in this article (temporary signs). 5. Setback: No freestanding signs shall be located closer than five feet (5') to a property line. 6. Distance Measurement: The location of a freestanding sign shall be measured as the distance between the point of reference specified and the closest point on the sign. 7. Vision Clearance: No building, structure, sign, planting or other obstruction which is over three feet (3') in height, shall be located within a triangular area established at the intersection of 2 streets, or street and driveway, public walk, bike path or public walking path. Such triangle shall have legs of ten feet (10') along the property lines when two streets intersect or within 10' of the driveway, public walk, bike path or public walking path. In unique situations, the director shall determine the distance that is reasonable safe. 8. Overhang: No freestanding sign may overhang any part of a structure, parking or loading space, driveway or maneuvering aisle. 9. Landscaping: All freestanding signs must be located in a landscaped area separated and protected from vehicular circulation and parking areas. A minimum of two (2) square feet of landscaping will be required for every one square foot of sign face required. When located in a parking area, perimeter curbing is required. Landscaping shall form an attractive, dense cluster at the base of the sign. 10. Single pole signs: shall have a pole skirt at least'/2 of the width of the sign . 11. Gas Station: Changeable copy used in a gas station freestanding sign shall be included in the maximum sign area for allowable freestanding signs. H. Changeable Copy Sign/ Electronic Message Center: Shall be permitted when incorporated into a freestanding sign subject to all applicable standards. 1. No more than six (6) permanent items of information will be allowed on a sign which incorporates changeable copy. The changeable copy portion of the sign Village Board Meeting - December 6, 2016 Page 233 of 578 shall be limited to less than forty percent (40%) of the total area of the sign face, and located below the permanent items of information. 2. The changeable message format shall conform to the following requirements: a. The message will contain a static message only, and not have movement, or the appearance or optical illusion of movement during the static display period. b. The transition to change from one message to another shall be instant (a.k.a. slideshow) and not dissolve, fade, scroll, travel or have similar transitions. c. The message shall not change more frequently than once every ten (10) seconds. 3. All electronic message center signs must be equipped with a default mechanism that will stop the messaging or freeze the image in one position when a malfunction in electronic programming occurs. 4. See brightness guidelines in Article IV Section 7.401 Illumination. I. Directional Signs: 1. Signs which direct or regulate the movement of pedestrians or vehicles into or within a site provided: a. No more than one such sign is displayed per driveway entrance; and such signs are displayed within the interior of the lot as approved by the director. b. The sign does not exceed ten (10) square feet in area or six feet (6') in height from base grade for freestanding signs or fifteen feet (15') in height from base grade for wall signs. c. No more than ten percent (10%) of the area of the sign is used to identify any business, product or service. J. Menu Board: One menu board for a drive-in restaurant or per drive-through lane shall be permitted in addition to other signs permitted under these regulations, provided such sign does not exceed forty (40) square feet in area or eight feet (8') in height from base grade, and light from the menu board is contained to the drive- through lane only. K. Off Premises Signs: The following standards shall apply: Village Board Meeting - December 6, 2016 Page 234 of 578 1. The sign must direct attention to a business on a lot adjacent to the lot on which the sign is located. 2. The sign must be located on a lot which is adjacent to a major arterial street. 3. The number of freestanding signs permitted by this article shall not be increased by the placement of the off premises sign. 4. The lot on which the business to be benefited by the off premises sign must not have any frontage on an arterial street. 5. The sign may contain changeable copy as provided for in subsection 7.302 H. of this article. 6. A letter of consent from the property owner where the sign is to be placed, must be submitted with the sign permit application. L. Development Identification Signs: 1. Size: a. Single-family (attached and detached) subdivision signs shall be a maximum of thirty five (35) square feet. b. Business and multi -family residential signs shall be a maximum of seventy five (75) square feet in area; provided, however, that in any development which exceeds seventy five (75) acres, an additional one square foot of sign area for each additional acre of such development shall be allowed, to a maximum of one hundred fifty (150) square feet in area. 2. Height: a. Single-family subdivision and multi -family residential signs shall be a maximum of eight feet (8') in height from established grade. b. Business signs shall not exceed twelve feet (12') in height from established grade 3. Location: a. Single-family subdivision and multi -family residential signs shall be located a minimum of five feet (5') from any property line. b. Business signs shall be located a minimum of twelve feet (12') from any property line. The distance from the property line shall increase one foot Village Board Meeting - December 6, 2016 Page 235 of 578 (1') for each six and one-fourth (6.25) square feet of sign area over seventy five (75) square feet. Article IV ILLUMINATION AND MAINTENANCETiU 7.401: ILLUMINATION: 7.402: MAINTENANCE: 7.401: ILLUMINATION:,, ICS Any sign permitted under these regulations may be illuminated, provided such illumination complies with the following: A. Hours Of Operation: all illuminated signs within one hundred feet (100') of any residential property (lot) line shall be turned off between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. unless the establishment is engaged in the operation of its business with employees on the premises during such period. B. Installation Or Application: Illumination shall be installed or applied such that: The light source is contained within the sign and is visible only through a translucent surface or recessed into the sign structure; or 2. The light source is external to the sign and is directed to and concentrated on the sign; or 3. The light source is supplied by neon tubing. C. Glare: Illumination shall be prevented from striking or causing a glare on the street or nearby properties. D. Protection Of Light Source: Floodlights, gooseneck reflectors or other external sources of illumination shall be contained within a protective casing. E. Motion: Illumination shall be constant in intensity and color and shall not consist of flashing, animated, chasing or scintillating lights. Electronic message centers, as defined herein, shall not be considered "flashing" signs for the purposes of these regulations. F. Brightness Limitations: In no instance shall the lighting intensity of any sign, whether resulting from internal or external illumination, exceed seventy five (75) foot-candles Village Board Meeting - December 6, 2016 Page 236 of 578 when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign. G. Electronic message center signs must not exceed 0.3 footcandles over ambient lighting conditions when measured at the recommended distance, based on the electronic message center size. The recommended distance = area of -sign sq f t x 100 H. All electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements. 7.402: MAINTENANCE:'' ..- 12 A. All signs authorized under this Code shall be properly maintained at all times. Proper maintenance includes, but is not limited to, keeping all materials, surfaces and lettering in good condition and physical appearance, as well as keeping any mechanical or illumination features in good working order and condition. B. The Village, through an authorized inspector, shall have the authority to inspect any sign authorized under this Code to determine whether it is properly maintained. Any sign found not to be in good condition or working order as described in subsection A of the Section 7.402 shall be removed, repaired or replaced. C. Abandoned signs shall be removed when they have been found by the Director to be causing confusion to the public or pose a safety hazard. Article V ADMINISTRATION AND ENFORCEMENT'S U 7.501: PERMITS: 7.502635: NONCONFORMING SIGNS: 7.503640: ILLEGAL SIGN (BOTH TEMPORARY AND PERMANENT): 7.501: PERMITS:'Z� 121 Village Board Meeting - December 6, 2016 Page 237 of 578 A. Unless otherwise exempted under this chapter, no sign shall be erected, altered or relocated without a permit for such sign, issued by the village with the approval of the director as required by this chapter. B. No sign permit shall be required for repainting, cleaning and other normal maintenance or repair of a sign structure for which a permit has been previously issued. C. Prior to the filing of an application for a sign permit the staff is available to meet with business owner, property owner, and/or sign company to review any concepts. D. See the Sign Permit Application for submission requirements. E. See Appendix A, Division II of the Village Code for sign permit fees 7.502: NONCONFORMING SIGNS:'• ° ICS The owner or beneficial user of any legal, nonconforming sign shall maintain such sign in good condition and repair, provided that said sign shall not be changed or altered in any manner other than replacing a face panel, shall not be changed to another nonconformity; shall not be expanded; shall not be structurally altered to prolong its useful life; or shall not be moved in whole or part to any other location where it would remain nonconforming. 7.503: ILLEGAL SIGN (BOTH TEMPORARY AND PERMANENT):' ICS A sign installed without a permit and/or in conflict with the provisions of this chapter is a violation of the sign code and subject to penalty fees per day of violation as set forth in appendix A, division III of this code. Any permit fees associated with an illegal sign shall be paid at twice the normal fee requirements. Article VI APPEALS VARIATIONS AND TEXT AMENDMENTS'Z lu 7.601: SCOPE OF APPEALS, VARIATIONS AND TEXT AMENDMENT: 7.602: NOTICE REQUIREMENT: 7.603: PROCESSING, NOTICE AND HEARING: 7.604: ACTION ON APPEAL, VARIATION OR SPECIAL USE: 7.605: STANDARDS FOR VARIATIONS: 7.606: STANDARDS FOR TEXT AMENDMENTS: Village Board Meeting - December 6, 2016 Page 238 of 578 7.601: SCOPE OF APPEALS, VARIATIONS AND TEXT AMENDMENT: Z ICS An appeal from a staff decision made in interpreting, applying and/or enforcing the regulations contained in this chapter may be taken to the planning and zoning commission. A variation may be requested from the height, area, and minimum distance requirements contained in this chapter. The planning and zoning commission shall hear text amendment requests and make a recommendation to the village board for final action. 7.602: NOTICE REQUIREMENT:1Z 111 A. An applicant shall file notice of such appeal, variation or text amendment forms provided by the director, who shall forward a copy without delay to the village clerk for processing and notice. B. The notice shall be published in the local newspaper not less than five (5) days prior to a public hearing before the planning and zoning commission. C. The notice of appeal, variation or text amendment shall contain the following information, as well as such additional information as may be prescribed by the planning and zoning commission. 1. A legal description of the subject property. 2. The commonly known location (address) of the subject property and property identification number (PIN). 3. A brief statement of the nature of the requested appeal or variation. 4. The name(s) and address(es) of the legal and/or beneficial owner(s) of the property for which such appeal, variation, and text amendment is requested and the written approval from the property owner to apply for such request. 5. The name(s) and address(es) of the petitioner(s). 6. The name of the legal representative of the petitioner, if any. D. At the time of filing, the notice of appeal, variation, or text amendment shall be accompanied by such plats and exhibits as may be reasonably necessary for a proper determination of the question presented for review. E. Fees as set forth in appendix A, division II of this code. Village Board Meeting - December 6, 2016 Page 239 of 578 7.603: PROCESSING, NOTICE AND HEARING :u A. Upon receipt by the village a copy of the notice of appeal, variation, or text amendment that has been duly filed with the director, the village clerk shall assign the case and/or docket number to the petition and shall maintain a file for such petition, which file shall be open to the public for inspection during regular business hours. All documents pertinent to the case (application, evidence, exhibits, transcript or record of proceedings, etc.) shall be placed in said file by the village clerk. 7.604: ACTION ON APPEAL OR VARIATION: TC U A. The planning and zoning commission shall, within fifteen (15) days after the hearing, decide the appeal made from such order, requirement, decision or determination made by the village staff in the administration and enforcement of this chapter. The planning and zoning commission shall use the physical parameters and guidelines included in this chapter as the standards for their decision. B. The planning and zoning commission shall, within fifteen (15) days after the hearing, decide the variation requested from the standards and/or general objectives contained in this chapter. The planning and zoning commission shall recommend action to the village board on text amendment requests within fifteen (15) days of the hearing. The planning and zoning commission shall use the physical parameters and guidelines included in this chapter as the standards for their decision or recommendation. C. No permit shall be issued during the pendency of an appeal, variation or text amendment before the planning and zoning commission, nor while litigation is pending in any court challenging the village's actions, nor while any appeal, variation or text amendment is pending from any court's action overriding or reversing the village's actions, nor during the time within which such appeal from a court's action can lawfully be taken. D. Nothing in this section shall be construed as abolishing any other regulation restricting the issuance of permits or the construction or alteration of buildings but is in addition thereto and declared to be an emergency measure and necessary for the immediate preservation of the public peace, health, safety and general welfare. 7.605: STANDARDS FOR VARIATIONS:'' 121 A. The planning and zoning commission shall not recommend or grant a variation unless it shall make findings of fact based upon evidence presented at the hearing in any given case that: Village Board Meeting - December 6, 2016 Page 240 of 578 1. The sign in question cannot reasonably identify the establishment if permitted to be used only under the conditions allowed by the regulations of the sign ordinance. 2. The plight of the owner is due to unique circumstances and the proposed variation will not merely serve as a convenience to the petitioner, but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations of this chapter were carried out and which particular hardship or practical difficulty is not generally applicable to other comparable signs or properties. 3. The alleged hardship has not been created by any person presently having a proprietary interest in the subject sign (or property). 4. The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood. 5. The proposed variation will not impair visibility to the adjacent property, increase the danger of traffic problems or endanger the public safety. 6. The proposed variation will not alter the essential character of the neighborhood; and 7. The proposed variation is in harmony with the spirit and intent of this chapter. B. The planning and zoning commission may impose such conditions and restrictions upon the subject sign and property, the location, the construction, design and use of the sign benefited by such a variation as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values, and ensure traffic safety. 7.606: STANDARDS FOR TEXT AMENDMENTS:'Z ICS A. When a text amendment is proposed, the planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: 1. The degree to which the proposed amendment has general applicability within the village at large and not intended to benefit specific property. 2. The consistency of the proposed amendment with the objectives of this chapter and the intent of the applicable sign regulation. 3. The degree to which the proposed amendment would create nonconformity. Village Board Meeting - December 6, 2016 Page 241 of 578 4. The degree to which the proposed amendment would make this chapter more permissive. 5. The consistency of the proposed amendment with other plans and ordinances regulating property development. 6. The degree to which the proposed amendment is consistent with village policy as established in previous rulings on petitions involving similar circumstances. Village Board Meeting - December 6, 2016 Page 242 of 578 Article VII DEFINITIONS AND ILLUSTRATIONS"t 7.701: DEFINITIONS: 7.702: ILLUSTRATIONS: 7.701: DEFINITIONS:Z ICS APPEARANCE: The outward aspect visible to the public. ARCHITECTURAL STYLE: The characteristic form and detail, as of buildings of a particular historic period. AWNING: A rooflike structure made of cloth which projects from a building for the purpose of shielding a doorway or window. BANNER: A temporary sign applied to or constructed of paper, plastic or fabric of any kind with or without frame, used to identify or attract attention to a location, object, institution, product, service or business. Flags of nations, states, political subdivisions, businesses or institutions shall not be considered banners for purposes of this chapter. BUILDING WALL AREA: The area within a rectangle which encompasses a continuous portion of a building facade, unbroken by windows, doors, or major architectural interruptions of the building surface. For signs located completely within a gable, building wall area may be triangular in shape. CANOPY : A permanent hood, awning or rooflike construction which projects from a building wall for the purpose of providing shelter or protection from the weather. CANOPY SIGN: Any sign that is fastened, affixed, or attached to and erected parallel to a canopy or marquee in such a manner that the canopy becomes the supporting structure or forms the background surface of the sign, and which does not project more than twelve inches (12") from the canopy . CHANGEABLE COPY SIGN: Any sign that is designed or used so that characters, letters or symbols can be manually changed or rearranged without altering the surface of the sign. CODE: The village code of Mount Prospect, Illinois. COMMERCIAL SIGN: A sign that directs attention to a business, or to a service or commodity for sale and/or profit. DEVELOPMENT IDENTIFICATION SIGN: A sign which identifies the name of a Village Board Meeting - December 6, 2016 Page 243 of 578 development consisting of at least five (5) business establishments or a single-family subdivision when the development comprises a minimum of thirty (30) acres. DIRECTOR: The director of community development of the village of Mount Prospect, and/or his duly authorized agent(s). DIRECTORY SIGN: A sign which identifies only the names and locations of occupants or uses within a building or on a lot. ELECTRONIC MESSAGE CENTER: Any sign which uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and may be modified by electronic processes. ESTABLISHMENT: A. Any institution, business or industrial activity that is the sole occupant of one or more buildings having frontage on at least one public street, or B. Any institution, business or industrial activity that occupies a portion of a building such that the activity is a separate and distinct business from the other activities within the building. FLAG: A construction of fabric, plastic or paper depicting through symbols, characters, design or letters, a nation, political subdivision, institution or business when hung, without frame, from a staff or pole. FREESTANDING SIGN: Any sign placed upon or supported by structural members placed in the ground independently of any other structure on the lot. GRADE: The elevation above mean sea level used for establishing the following: A. Base Or Established Grade: The average elevation of the established curb extending the width of the front of a lot or, where no curb is established, the average elevation of the crown of the street adjacent to the front of a lot. ILLUMINATED SIGN: Any sign lighted by or exposed to artificial lighting whether by lights on or within the sign or directed toward the sign. ITEM OF INFORMATION: A word, an abbreviation, a single number, a series of numbers, a symbol or a geometric shape greater than two inches (2") in height contained in a sign. A sign which combines several different geometric shapes or shapes of unusual configuration, is assessed one item of information for each noncontiguous plane. Punctuation marks and hyphenations are exempt. LANDSCAPING: Plant materials, topography, and other natural physical elements Village Board Meeting - December 6, 2016 Page 244 of 578 combined in relation to one another and to manmade structures. LOGOGRAPH: A sign which consists of symbols, words, pictures, letters or other graphic elements arranged in a generally recognizable fashion used to represent a particular trade, corporation, profession or business; including, but not limited to, corporate emblems, trademarks, logos and barbers' poles. Any words or letters included in a logograph shall be incidental to the graphic elements. MANSARD: A roof having a steep slope, attached to the face and main structure of the building, which may extend above the parapet line or roofline of the building. MANSARD SIGN: A sign that is mounted on a mansard of a building. NON-COMMERCIAL SIGN- a sign that does not direct attention to a business, or to a service or commodity for sale and/or profit (e.g. political, religious, ideological or public information signs). PORTABLE SIGN: Any sign designed to be moved from place to place or not securely attached to the ground or to any structure. PROJECTING SIGN: Any sign mounted perpendicular to a wall that is fastened, affixed or attached directly to an outside wall of a building as permitted in Section 7.302 .. ROOF SIGN: A sign erected or maintained in whole or in part upon, against or directly above the roof or parapet line of a building. ROOFLINE: The top of the parapet of a building with a flat roof, the deck line of a building with a mansard roof, or the eaves line of a building with a gable, gambrel or hip roof. SHOPPING/BUSINESS CENTER: A commercial center developed under one ownership, with an integrated building and site arrangement and overall architectural concept. SIDEWALK SIGN: Any sign placed on a sidewalk which contains a message on one or both sides. Sidewalk signs may not be permanently attached to the ground or structure. SIGN: Any surface, object, device, display, structure or fabric which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means; including, but not limited to, words, figures, designs, symbols, fixtures, colors, illumination, projected images, or forms shaped to resemble any human, animal, product or object. SIGN AREA: The area of a sign, measured as follows: Village Board Meeting - December 6, 2016 Page 245 of 578 A. Freestanding or projecting signs shall be measured as the sign area which encompasses the extreme limits of each and every sign face, including all advertising and background surfaces; but excluding structural members not forming an integral part of the display or pole covers which contain no advertising copy for double faced signs. The area of all such faces shall be totaled and such resultant area shall be divided by two (2) to determine the total sign area. B. All other signs shall be measured as the area which encompasses all letters, words, symbols, or other graphic elements, plus any background area which does not appear as a continuous portion of the building surface. SIGN FACE: The surface or surfaces used for the display of a sign message as seen from any one direction. TEMPORARY SIGN: Any sign intended for a limited period of display, the maximum length of which shall be one year. TEXT AMENDMENT: A change to a section or provision of the sign ordinance which requires final action by the village board of trustees following a recommendation and public hearing by the planning and zoning commission. VARIATION: A change from the regulations established in this chapter. Variations are granted upon documentation of a hardship, if the "standards for variations" outlined in section 7.605 of this chapter apply. VILLAGE: The village of Mount Prospect, Illinois. WALL SIGN: Any sign that is fastened, affixed or attached to and erected parallel to an exterior building wall in such a manner that the wall becomes the supporting structure or forms the background surface of the sign, and which does not project more than twelve inches (12") from the building. WINDOW: An opening in the wall of a building for admission of light containing transparent or translucent material such as glass. WINDOW SIGN: Any sign that is applied or attached to a window or is located within a building such that the sign is located to be viewed from the exterior of the building. WINDOW SURFACE AREA: The area of a building facade which is occupied by a window. Village Board Meeting - December 6, 2016 Page 246 of 578 7.702: ILLUSTRATIONS: '• -° Sign Types . .................. . . . ................ FV000/ Z' 00 AWNING n Sign Area- Wall Sign Area- Freestanding Freestanding Sign Area = A x B w 0 Village Board Meeting - December 6, 2016 Page 247 of 578 Building Wall Area U M CL C: "I 0 L ON W m V 19 C1 W a-+ C C �Yl a.+ 4— Q s L T a 4N A = Width of tenant space • Wall Area= A x1Y Base or Established Grade r Established Grade Village Board Meeting - December 6, 2016 Page 248 of 578 Vision Clearance No sign over 3' in height within this area Roadway Village Board Meeting - December 6, 2016 Page 249 of 578 Updated: Dto a e ...Il..4.9eptemlbea 2, 2016 Article III GENERAL PROVISIONSQt i 14.301:INTERPRETATION OF ZONING REQUIREMENTS: 14.302: SEPARABILITY: 14.303: TRANSITIONAL STANDARDS OF THIS ZONING ORDINANCE: 14.304: BULK REGULATIONS: 14.304.1 14111 :SII' 110 S""III"'A 11011':)X1 11)& TOWERS AND DISHES: 14.306: STANDARDS DOCCUPATIONS: 14.308: ` AND FAMILY COMMUNITY PROVISIONS 14.309: TEMPO' 14.310: STANDARDS FOR THE R-3 AND 4 . e; 14.311: OUTDOOR SALES AND STORAGE: 14.316: UNENCLOSED PORCHES IN THE REQUIRED FRONT YARD SETBACK: e,DEVELOPMENT 14.31& FENCES AND WALL& .. IPERMITTED, 14.301: INTERPRETATION OF ZONING REQUIREMENTS. In their interpretation and application, the requirements and provisions of this chapter shall be considered to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience, prosperity and general welfare of residents of the village. This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive, or impose a higher standard or requirements than such easements or other private agreements, the requirements of this chapter shall govern. All buildings erected hereafter, all uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings after adoption of this chapter shall be subject to all regulations of this chapter and the applicable zoning district. Chapter 14, Article III General Provisions Comment [NBS]: A new section should be added as design guidelines don't "fit' in bulk requirements Comment [IT2]: Name change to reflect the actual defined term in the code_ Village Board Meeting - December 6, 2016 Page 250 of 578 Updated: Q« to a e ...Il..4.9eptemlbea 2, 2016 Except for an "accessory use", as defined in this chapter, any use or potential use of land or a structure which is not specifically enumerated as a permitted use, conditional use or use in limited circumstances, within a particular district, shall be prohibited. This prohibition is subject to article IV of this chapter. (Ord. 4590, 9-21-1993) 14.302: SEPARABILITY:! LEJ It is the intention of the board of trustees that the individual provisions of this chapter are separable in accordance with the following: A. If any court shall judge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in said judgment. B. If any court shall judge invalid any application of any provision of this chapter for a particular property, building, or use of land, such judgment shall not affect the application of such provision to any other property, building, or use of land not specifically included in said judgment. (Ord. 4590, 9-21-1993) 14.303: TRANSITIONAL STANDARDS OF THIS ZONING ORDINANCE:Z1 Provisions governing the applicability of this chapter as it relates to the previous zoning ordinance are established as set forth below: A. Existing Permitted Uses: If a use which was classified as permitted prior to the effective date of this chapter is classified as a conditional use by this chapter, such use is hereby deeded a lawful conditional use for the purposes of this chapter. B. Existing Special Uses: 1. A special use approved prior to the effective date hereof shall be considered a legal conforming use if it is classified as a permitted use by this chapter. 2. A special use approved prior to the effective date hereof shall be considered a legal nonconforming use if it is not classified as a permitted or conditional use by this chapter. Such use shall be subject to the applicable nonconforming provisions of article IV of this chapter. Chapter 14, Article III General Provisions 2 Village Board Meeting - December 6, 2016 Page 251 of 578 Updated: Q« to a Gni ...Il..4.9eptemlbea 2, 2016 3. If the approval of a special use was subject to any governing conditions, those conditions shall continue in full force and effect unless a new conditional use is obtained. C. Uses Rendered Nonconforming: When a building, structure or lot or parcel is used for a purpose which was a lawful use before the effective date hereof, but such use is no longer classified as a permitted use or conditional use in the zoning district in which it is located, such use is hereby considered a nonconforming use and shall be regulated by the provisions of article IV of this chapter. D. Buildings, Structures And Lots Rendered Nonconforming: When any building or structure which existed on the effective date hereof does not meet all standards set forth in this chapter, such building or structure is hereby considered nonconforming and shall be regulated by the provisions of article IV of this chapter. E. Previously Issued Building Permits: When a building permit for a building or structure has been lawfully issued prior to the effective date hereof, and if such building or structure and proposed use of the building do not meet the requirements of this chapter, such building or structure may be completed in accordance with the plans on the basis of which the building permit was issued. However, such construction must begin within six (6) months of the date of the permit issuance, and pursued diligently to completion. Upon completion, such building or structure may be issued a certificate of occupancy for the use originally intended, subject to the applicable nonconforming provisions of this chapter. (Ord. 4590, 9-21-1993) 14.304: BULK REGULATIONS. i Bulk regulations shall be set forth in each zoning district for all buildings, structures, and uses of land. In addition, the following general standards shall supplement the specific requirements of each zoning district: A. Minimum Lot Size/Division Of Zoning Lots: Every lot created after the effective date hereof shall meet the minimum lot area and minimum lot width requirements of the zoning district within which it is located. In any zoning district, a building, structure or use of land may be established on any lot which is a lot of record or zoning lot on the effective date hereof, provided that all other bulk regulations of the zoning district are met. B. Yard Requirements: All yard requirements shall be set forth under each zoning district for all buildings, structures and uses of land. All required yards shall be located on the same lot as the building, structure or use of land for which such yard is required. The right of way for any public roadway, public alley which exists by dedication shall not be included as part of a required yard. Chapter 14, Article III General Provisions Village Board Meeting - December 6, 2016 Page 252 of 578 Updated: ei ...Il..4.9ep�temlba.IT�a 2, 2016 ate � « ta�a a C. Number Of Buildings On A Lot: Not more than one principal building shall be located on any zoning lot in a zoning district, except in the case of a PUD, where more than one principal building on a zoning lot shall be allowed as part of a PUD. ISI. IRG@:klta dlt:0 X1:6:,,4k-�k-epii:eo&=AF-111 a: 116', / Comment [IT3]: Moved to its own section �.� Ik���"����t=�������:�...���-t�i��-�������� ��-��•:�������� ��:������re���:����1�����" �-kk:::�����i������.::kl���;������,.:�����r��.^:�w;�,.re����i��1��:����� �� kl..�I"�i����re����*k��r�m����-����r�--�aldl����i��r�����-.^:�I��I��Idl�kk��:.�-���1����-�kl�°����r-t�r�����-��f�i���{F�i��.•::�k ����i�re�������ret�r II:�i��-�f�i�1y.--=t Chapter 14, Article III General Provisions Village Board Meeting - December 6, 2016 Page 253 of 578 Updated: Dto a Gni ...Il..4.9eptemlbea 2, 2016 ����r��{F�����ra���akl�����i����*�-����-��-�����r-��-����•����"�-.^:���I�����;����� ����al���.^:���aal�:�.���i����*�-�..^:������kdlkk� �����������r��kl���;�����kl��������� a�#il�������mm•�������dik ���k���-���������,.���������m���������������kik�°-���^�����������r����kl���ro�� Chapter 14, Article III General Provisions Village Board Meeting - December 6, 2016 Page 254 of 578 Updated: Dto a Gni ...Il..4.9eptemlbea 2, 2016 I�� -�� ��I��r�:������ �il�h�a'�����.���-����������a'�di��h-�-��•:�*���������µ��;����I"�h�-�������*�-��*����������������r-����������•::�:����1-�� �� ���� ��di�����i�������������h��i�-����o�.���ra�di����,�����•������V ���a�di�����������������di����� ��ii��°���������;-�d����-���i�dl�.������������mdh��-����� Chapter 14, Article III General Provisions Village Board Meeting - December 6, 2016 Page 255 of 578 Updated: Dto a Gni ...Il..4.9eptemlbea 2, 2016 Comment [NB4]: Moved to its own section 14 304 1 :::........ ...... . st; 1 :..^ , :....::::: "' ..'ham-� ........ ...� ....... ... ..... .:. �. ::::t Chapter 14, Article III General Provisions Village Board Meeting - December 6, 2016 Page 256 of 578 Updated: G� i ...II..4.°`�ep�teml:�a. r 2, 2016 ate � « ta�a a O.'.. n .. 9^ G..... -....,. ......::::::.........:::::............::...'.........:....:w . 14 :: .. .. .. ..'^ ..... .. . .... '� ..... .. per ......: :....... . ^ �".. , Chapter 14, Article III General Provisions Village Board Meeting - December 6, 2016 Page 257 of 578 Updated: Djobei,,149epb temer 2, 2016 kM4-14 14 30II )IlilSllll S I Standad& 4A. Downtown Desinn (-aiirleMines: Chapter 14, Article III General Provisions Village Board Meeting - December 6, 2016 Page 258 of 578 Updated: Djobei,,149epb temer 2, 2016 front or the ffias:::sin of the stru(,ture ....G..O.....a.d.dit.iiq.0....tq....anv windows and buildi entrances alo the fiacade. ................................................................... &cess: All buildin s with a total wi reater than fift :Ie have �a 1 iiinianurn of one ent at the front of the bu.ild.in i defined as the facade of ... I ........................................................................................ .................... ..................................................................................... .................... .............. ............ .......... ..................................................... the buildW which bac the front or exterior side lot ling. Build onstructed on . .... . .......................................................... -Qs c ............. .... .............. 53 MIMT itherthe Font or the exterior side. ......... .................................................................................................................................... have; a rninirnurn o two e n 3 the f,,.cade area:::f,,..3(.i:n a front or exterior side be d ey ol e d to be used as ................................................................. QQ:::::o buildin rnassm :::::::p ............................................. .................................................. . Chapter 14, Article III General Provisions 10 Village Board Meeting - December 6, 2016 Page 259 of 578 Updated: Djobei,,149eptember 2, 2016 QQJ:::::u::: ess walls are 0 e ( es s a t o t h e b uJ hdu ng..'s f.u.n.c.tion. ,,.-3rchite_ctur,,.-3l c.Jetails shall be included edto ,add ....... ........................................... . ............................................................................................................................................................................................................................................................................................................................................ :v::i:::s::::u:::a:::!:::::i:::n:::t:::e::::r::e:::s:::t::,:: fl I nes: Fhe roofline of a b :il :in should Include architectural details W hi h add to It$ Overall . d es ij . ..... uc.h as co.. rn. i.c. e s. —c. i o r r r i e r s . ..... or pgEaRW=WW�L IM i::a:: 1:s:::::::::Q::u.M.b... 1. P. ::jh.J.g---q .... . .... .. fm be used for facades which are visible frorn the street. IMaterials lo(,atedalong;;;;;P;;;;; harff:io:n::i:::o s:jn de icL 9 ....... ........... ::: ................ — ....... ........... ......................... Lshall L.P. Asually divided usin architectural details such as differirig--g materials or .. ...................... .............................................................................. .................. ......... ...................... ................................................................................ . .................................................................................... ......... st st floor to a- edestrian ....................................................................... ............................................................. 5 a I.Q., 4d. Site D jj[din form to section 14.905 of this Chap li P W .3 !� j� lots shall .............. .... .. ............ .......................................................... I a a - M isions found .....with t he g.: y ........................................................................ .......... ... .......................................................................................... :inar:ti(,IeXXI I I of this chap.jer. Fhe use ofIa:nd:s(,,ap ..... . ..... ::-------------------- g h a J b e e n o u.:.r.aq-eco Nn all Outc�00r areas where urlNc; — seatinareas. ............................................ .......................................... �:;. V�ec�e trNan l c;c;e :fill ruiilc�Nn� shall have clear d rian access from a. ................................................................................. .............................. .... . ..... .. ... .. .. . . ..... ....... . . .......... ....... p..[Q.RWL to be utilized b,/ thepublic shall be a rninirnurn Qf 5gyQo .... . ............................................................................................ IV ------------------- P-- jg��Un I n.. w:J:d::1:::h:::,: ).:::at[et t ca — — — — — — — — — — — — — — — — — — — — — — ... — A — ....... -)e irn - rovernent .............................. ............................................................. ........... ots::s h a I 1:::a I so:::p :W(::,cle racks on s d::pa..... g.......p:[ovied at a rninirnurn aIount o f .... je.n p (2, r q, a mvi d e d o In s il.e .. ......... Ll �5 h. to those installed by the villa ii�2. Additional D.e.s.l(In Standards: Fhe followinni dell an standards are ca e to . .................................. ............. ........................................................... Chapter 14, Article III General Provisions 11 Village Board Meeting - December 6, 2016 Page 260 of 578 Updated: Djobei"149epb temer 2, 2016 :p..oa �:::Ay �an. 0 ���jh shall be ............................. ... ................ .... c. ------------ :1.!2.t..,:::::o a . . ........ [::: ...... ......... ............. ....... ......... .s. I ou ( tura. 2b. Screenin Of Mechanical And Util yipmot 19 ted within the nHn(,�nnI t that is six fe __jC.....t [ITS]: Moved from 142308 All ,h will screening should be in one place - .10 s s I In h e.J. r...o..w ICY ........................................ the::::heig:ht::::Qf.:I.be::::U:mund based : ..... ............ ::::::: ............ .g.c. that �s taller I ler than ..... 0 5JZ f.p.9.1 ------------------- - I ---------------------------------------- ................................................................... view with an enclosure that is Constructed to be Consistent with the Inaterial of:the 9i euiqd te aGWeve a Ili4ght abeve gi ade Ilgette exp feet (,6'):te P9dUG@:d:19 V�Isua� HCRE"46t of the stuiCGUF8 QR 4:18 64ddlt�eR,,44X, lanrtuc ,4Rl shak Ilia REQYl ded a :QYRd 41 QUI P9 lc%RtS Q:f 69Gt�! 9 llq 14 2909 eEth IS Chapter 14, Article III General Provisions 12 Comment [NB6]: Struck per meeting discussion, overly burdensome for equipment not visible to the public_ VillageBoard Meeting - December 6, 2016 Page 261 of 578 Updated: Q« to a e ...Il..4.9eptemlbea 2, 2016 14.305: REGULATIONS FOR RADIO, SATELLITE AND TELEVISION ANTENNAS, TOWERS AND DISHES: Ti A. General Provisions: 1. Compliance With Requirements Of This Section: Antenna towers and dishes which do not comply with the requirements of this section may be authorized only in accordance with the procedures for conditional uses. All antenna towers and dishes shall be constructed to meet or exceed the minimum wind velocity and construction standards specified in the building code. 2. Satellite Dishes And Personal Wireless Service Facilities: Satellite dishes that are less than three feet (3') in diameter and personal wireless service facilities are not regulated by this section. 3. Amateur Radio Antennas: Antennas used for amateur radio purposes shall comply with the requirements in subsection D of this section. B. Ground Mounted Antenna Towers Or Dishes: 1. Number Permitted: There shall not be more than one ground mounted antenna tower or dish located on a zoning lot. 2. Location: Ground mounted antenna towers and dishes shall not be located in any required yard except for rear yards and shall be set back a minimum of five feet (5') from the lot line. 3. Height Restrictions: The height of all antenna towers or dishes shall include any accompanying base or support structures and shall be measured from finished grade to the highest point of the antenna. a. Residential zoning districts: (1) Antenna Towers: Federally licensed towers shall not exceed a maximum height of seventy feet (70'). (2) Dish Antennas: Ground mounted dish antennas shall not exceed fifteen feet (15') in height. b. Nonresidential zoning districts: (1) Antenna Towers: Ground mounted antenna towers shall not exceed seventy feet (70') in height, unless authorized by a conditional use permit. (2) Dish Antennas: Ground mounted dish antennas shall not exceed the height of the building by which they are located. Chapter 14, Article III General Provisions 13 Village Board Meeting - December 6, 2016 Page 262 of 578 Updated: Dto a Gni ...Il..4.9eptemlbea 2, 2016 4. Diameter: a. Residential Zoning Districts: (1) Ground mounted dish antennas shall not exceed ten feet (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. Screening: All ground mounted dish antennas must be screened with landscaping or fencing as determined appropriate by the community development director. C. Roof Mounted Antenna Towers And Dishes: 1. Number Permitted: a. Residential zoning district: There shall not be more than one roof mounted antenna tower or dish located on a zoning lot. b. Nonresidential zoning district: There shall not be more than one roof mounted antenna tower or dish for each separate establishment located within a zoning lot. 2. Location: Subject to structural approval, roof mounted antenna towers and dishes shall be located on the principal building to which they are an accessory. 3. Height Restrictions: a. Residential Zoning Districts: (1) Antenna Towers: Roof mounted 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. (2) Dish Antennas: Roof mounted dish antennas shall not project higher than the maximum height allowed for the building upon which they are located. b. Nonresidential Zoning Districts: Chapter 14, Article III General Provisions 14 Village Board Meeting - December 6, 2016 Page 263 of 578 Updated: Dto a Gni ...Il..4.9eptemlbea 2, 2016 (1) Antenna Towers: Roof mounted antenna towers shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located. (2) Dish Antennas: Roof mounted dish antennas shall not project higher than the maximum height allowed for the building upon which they are located. 4. Diameter: a. Residential Zoning Districts: Roof mounted dish antennas located on residential buildings shall not exceed three feet (3') in diameter. Roof mounted dish antennas located on educational, religious, or municipal buildings shall not exceed ten feet (10') in diameter. b. Nonresidential Zoning Districts: Roof mounted dish antennas shall not exceed fifteen feet (15') in diameter. 5. Screening: All roof mounted dish antennas larger than three feet (3') in diameter must be fully screened from view from adjacent roadways and properties (between grade level and 10 feet above grade level) with materials which are compatible with the building to which they are accessory. D. Amateur Radio Antennas: 1. 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. 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 fromIhbas@fin §h grade to the highest point of the antenna. 2. Roof Mounted Antennas: 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. Chapter 14, Article III General Provisions 15 Comment [NB7]: We measure from finished grade not base grade Village Board Meeting - December 6, 2016 Page 264 of 578 Updated: Q« to a Gni ...Il..4.9eptemlbea 2, 2016 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. (Ord. 4590, 9-21-1993; amd. Ord. 4925, 4-21-1998; Ord. 6112, 12-17-2013) 14.306: ACCESSORY STRUCTURES:Q ! LIJ A. General Requirements: The following restrictions on accessory buildings, structures and uses apply to all zoning districts: 1. Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the time of construction of a principal building. 2. Yard Requirements: No accessory building, structure or use shall be located in a required front yard, required side yard or exterior side yard, unless otherwise provided for in this chapter. 3. Height Requirements: a. Residential and Commercial Districts. No detached garage ol g„g�;2; „qua„ shall g teen feet (L5:127'). No other accessory exceed a maximum height of del �e ii building/structure shall exceed ten feet (10') in heightl.-(Comment[NB8]:This change istoreflect the new "peak' height measurements r 4. Separation Between Buildings: a. A detached accessory building or structure shall be located no closer to the principal building than three feet (3'). Detached garages located between three feet (3') and ten feet (10') from a principal building shall be provided with a five-eighths inch (5/$") drywall finish on the interior walls and ceiling. LADY Biu �P�u c V'..!L.p.t.:I! ..!I..p......I-i6ecs attached to the principal structu D2 l2ng2o cons Aged an ::)cc2ssoily stil u:4ctuile RLlsu ant to Ail f6 XXV of flNs Chapter 14, Article III General Provisions 16 Comment [NB9]: This is to clarify when people want to build pergolas on decks, gazebos on decks, etc_ They must meet the setbacks of the zoning district, FAR, etc_ Village Board Meeting - December 6, 2016 Page 265 of 578 Updated: GSI ...II.."`�.9ep�temlba.IT�a 2, 2016 ate � « ta�a a �.pnlp i l mind nllnnl.l..meet the Il)nik+..reglrementn...,of the zoiNnq dIstijlct for pjndlp a. CIi'"fit ItIwI�.is rwll�ptl�h`"�«'� «'Ilis.t�d as .Il 2�l- nl:tted �nll.) tlnc P:on lug sectl'on 14 319 , tIwIl�tlryC,"��, . . ling Il2�n��.ln, are permitted to attach to a &gid' d'e kw if �: �nnu...nllnln.' all required rear and side yard setbacks are met and the deck is designed with a gate between the deck and pool and access is provided to the yard from the deck. iLPergola support columns shall be located no closer to the principal building than three feet (3'). 5. Number Of Accessory Structures: The maximum number of accessory structures shall not exceed two (2) such structures per zoning lot. Swimming pools and structures listed as permitted obstructions in section 14J1319I are exempt from the -- Comment [IT10]: Permitted obstructions total number of accessory structures. should not be accessory structures_ 6. Shed Restrictions: A shed shall not be utilized to store motor vehicles or as office, work or living space. The storage of household items, equipment to maintain the property and small recreational equipment is permitted. 7. Roof Pitch: No accessory structure shall have a roof pitch of less than three to twelve (3:12). Pergolas, arbors„, and acgessoa njEg tures I',n the 11 Il Hmllted u nnilminl„ SII �dii n lmnpl�nn II �„ Im nil�nn , and IIS; Office Ili esearch , oij,n dIstlmlctd shall be exempt from this requirement. B. Restrictions In Residential Districts: 1. Maximum Size: a. A detached private garage may be no larger than six hundred seventy two (672) square feet. b. A shed, gazebo, pergola, greenhouse, or other similar accessory structure may be no larger than the smaller of the following: (1) Two percent (2%) of the lot area; or (2) Two hundred (200) square feet. 2. Bulk Restrictions. a. =0n lots fifty five feet (55') in width or less, detached accessory structures shall be set back three feet (3') from any interior side or rear lot line. b. On lots greater in width than fifty five feet (55'), detached accessory structures shall be set back five feet (5') from any interior side or rear lot line. Chapter 14, Article III General Provisions 17 Village Board Meeting - December 6, 2016 Page 266 of 578 Updated: Dto a Gni ...Il..4.9eptemlbea 2, 2016 c. 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. d. All sd� l'd roofed accessory structures, including gazebos, shall be included in any Floor Area Ratio calculation. 3. Lot Coverage. Accessory structures shall be included in any maximum lot coverage calculation. C. Restrictions In Business And Industrial Districts: 1. Maximum Area: Detached accessory building(s) or structure(s) shall occupy no more than thirty percent (30%) of the area of a required yard. 2. Yard Requirements: Accessory structures shall be set back six feet (6') from any side or rear lot line. 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. D. Regulations For Specific Accessory Structures And Uses: 1. Garbage Dumpsters And Recycling Containers: a. Required: All multi -family buildings utilizing centralized solid waste services shall provide a garbage dumpster and recycling container area which meets the minimum standards which have been established by the solid waste coordinator. b. Location: Outdoor designated garbage dumpsters and recycling containers shall maintain the same setbacks as parking lots. Dumpsters and containers that are located within covered parking areas shall be designed so that they do not conflict with required parking spaces or access drives. c. Screening: (1) Non Residential Districts. Such dumpsters and containers shall be screened on all sides by a solid wood fence or equivalent screening material to a height not less than six feet (6'). 2L -Multiple -family residential developments shall provide screening on no less than three (3) sides by a solid wood fence or equivalent screening material to a height not less than six 2. Accessory Commercial Uses Within Multi -Family Residences: Accessory commercial uses including restaurants, drugstores, retail food shops, valet services, beauty and barber shops, and physical fitness or health facilities shall be permitted within multi -family buildings provided that the accessory uses must be Chapter 14, Article III General Provisions 18 Village Board Meeting - December 6, 2016 Page 267 of 578 Updated: Dto a Gni ...Il..4.9eptemlbea 2, 2016 accessible to the public only through the lobby of the building; and no advertising or display related to the accessory use shall be visible from outside the building. 3. Accessory Uses Within Office Buildings: Accessory uses located within office buildings including cafeterias, restaurants, gift shops, flower shops, snack bars, drugstores, barbershops, beauty parlors, banks, daycare centers, and office supply stores (excluding sales of office machinery and furniture) shall be permitted provided that said accessory uses are conducted for the convenience of the employees, patients, patrons, or visitors. Said accessory uses shall be designed and located totally within the confines of the principal building and the primary access to any accessory retail use shall be from within the principal building. 4 ¢cif Street 11) lllwi'u�q II � ili.pi s„Prmll auqq Lets Aiqd AGG9SS11 beam :Parking lots and ails. .. shall not be subject to the restrictions of this subsection, t shall be subject to i nig i n u P ildl flip ili I� XX. and ilide XXI... of dfl' . SII.... 5. Signs: Signs shall not be subject to the restrictions of this subsection but shall be subject to the eggu e nems of CIIn ptei-..7 of dpe VdI 2 gd2:.§aqui ei:6 aigG@3 of 1h Vi44age. 6. Swimming Pools: The regulations of this subsection shall not apply to any pool having at every point a depth less than twenty five inches (25"). No out of doors swimming pool for the use of members and their guests of nonprofit club or organization, or limited to house residents of a multiple -dwelling unit, a block, a subdivision, neighborhood, or other community shall be permitted in an R- 1, R -A or R -X district. a. Location: Swimming pools shall be located entirely behind the rear line of the building of the principal structure on the lot in the R-1, R -A, R-2 and R -X districts. Swimming pools shall not be permitted in any required front, side or exterior side yards. Pools are permitted to encroach into the rear yard provided a minimum of fifteen feet (15') is maintained from the rear property line to the edge of the structure. b. Area: The surface area of the swimming pool shall be included in total lot coverage. c. Construction: All swimming pools shall be constructed according to the requirements of this code. 7. �Donationl Boxes: The following restrictions shall apply to all donation boxes located --I Comment [IT11]: Same wording, new order within the village: of items, per code enforcement feedback Chapter 14, Article III General Provisions 19 Village Board Meeting - December 6, 2016 Page 268 of 578 Updated: Dto a Gni ...Il..4.9eptemlbea 2, 2016 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. Comment [IT12]: State of IL requires letter of permission from property owner as a requirement. Chapter 14, Article III General Provisions 20 Village Board Meeting - December 6, 2016 Page 269 of 578 Updated: Dto a Gni ...Il..4.9eptemlbea 2, 2016 IE, t eriii*t d 4ostu"tu 4O1q lR Requ4red Yaii1196e Stu"t tL:lr . sI a 44 be...m44o d t Comment [NB13]: Moved to its own section, 14319, and reformatted to table format. 1.Il mueR St99PS and Gaiigep:ies #;at a 9 R94h@� k4r g9l:1 t 'sq 4i ht ;991 (tt) au a WkIt u and Vm...f@@t () auu d9p#:`l @XG, tudR IcH91: #:`l,4R tW@Rty t)Y1!: i:iR tug (4."), 4uewevei. uiiq uue Gas@ shale,.. RY SUGh 9b tPuGl1 eu bm t )G, t8d...44uauu tWml m IRG[18 (t2") 9:f 4 Pr"9I 91#y liR@.,,. 3. l a tae bay lG9 Rk) W99d &GkS S IcH 4 llqg II 99 Ib9,t 6I4ll ... Rd N4 ,'4P.1m IcHPS rH,'4y mRGr 9,4 h au a 019 1:89U:i',i 8 i eau yae d:...9 UGh.. 1 imUE46lP96 s:;a4 have..a r4iigq r rr ur:: R -gar ai4 Iadja eiq to a...Ipub4Guqaviigalble wateimway,.. p 4u RdGa i u° 1cHP IcR'' y eG ted ev i. 9upeiiq a i4gl::# of way 9...vakag e....uut44 ei!: aiiq 9u 9r:R9F t 44:1 Ut P149 G9RG@R:t 49r: 419 a @Gt9r:...9:f G91WRU114t q, 4rrq4uu ..uhs k) 49ws IIS r;.91!: !Rt9lli!9r SkI9 yards k:)4k:)p 1e..:thu ee :feet (31, ) i:!R ami 1h II rmq qt q ;@ ggyk : rneaRS et... GG@ 1 tllu9...lpp�Hm i ..91g4y 9:f:019 P9SkJ8u G9:1: 9th@u4!Se h d9 f:V8 f99t (51) I:!R WkJ#:u.. Q: r veways rna.-eigGi:9,,4Guu iuu:19 r99Yuu9d 49Rt i e,.. R i. ryaicds, �-����t ��t"u�-�uul.•:,t4.��-�€*���u���u�������-��ul-�-��u�ai�u���..ttu��:����u������uldi����*��iuur�u����4t�tl�*��t����,:��t�4tu��-�-��-����-� �u�-�uu�u�uu�uiuu�dit�a::�����-�tl����iuu��u��:::�,r��;u�������u�di�u���-��4��uu"ul-�ul4�*tur uuu��;dl������^����-��u��°u�u����-��• tl���u���u°���{�:�u�u��� 7. Stat! igai:y bask etbak Standai4s may...91IuGrm9aG[1 !Rt9 #18 r994!r 9(1 i1m9Rt 6i 49v and i mar:.. i s, Chapter 14, Article III General Provisions 21 Village Board Meeting - December 6, 2016 Page 270 of 578 Updated: tw « to a e ...I..4.9epte m lba. r 2, 2016 4W 4oil all d a&&:usspee of Ilqu44pg pell:M4. 0 cll'Ouius�surs,al{w-tis �Euusu,s1:,ssls iuss,dl Jks;�Is usmuaitt,s iu:•sutsuiir ssa�,:��s�-ss�,��ur-��urs1��.•:,�I����uiur�-1����irss=,l�-s��C�-t�-�����f?� �s��s�-(����)-s��s��ldl�air�s�-urs�u�.y-���u��l� ��s"�u�s�muaitt�,�-�ur� e �t�,urui��s �ssals"a y��irs6° �w�s���v�isl�as� t�rM�,�^:��ir�a �s��s"�,�rMsTM,s� v�is� �� �Isl�inMs�smss��lls",s� �PrMsTM,s���smm, ��ir if�s�urrMtuunM�1: ��uls",�.��- al����uie•1����s s s",als-����s��I�� Jk-�e � �=,s1��ri�w,s-�-v�iit�� �� ��s�s" � ars-t�sm���l�u�,�s �t:,�:,aiur�s,��t-:�r�s;��tsur����: ��ur�s1 4995:1: 011 666�4.,, 7 26 10001Clea. 66° .:1,7-24-4999:1: 4: 5:173v 2...6 200 .., 'Nle.,,. 2660, btu d 64 4 2v :12-47-20:13 14.307: STANDARDS FOR HOME OCCUPATIONS:II "Home occupations", as defined in section 14.2401 of this chapter, shall be governed by the following standards to ensure that they are conducted in a manner that does not have any adverse impact on a residential area, or infringe on the rights of adjoining property owners: A. There shall be no sign displayed in conjunction with a home occupation. The purpose of this standard is to assure that no commercial signs are displayed in residential areas. B. There shall be no separate entrance for use by a home occupation, or any exterior alteration to a dwelling unit that will indicate from the exterior that any part of the residence is being used for any purpose other than that of a dwelling. The entrance to any space devoted to a home occupation shall be from within the dwelling. The purpose of this standard is to prohibit any alterations to a dwelling solely to accommodate a home occupation. C. Storage or inventory maintained at a residence in conjunction with a home occupation shall not exceed one hundred (100) cubic feet. The purpose of this standard is to limit any storage to an amount that could readily be stored in a closet. D. There shall be no noise, odor, dust, vibration, smoke, glare, television signal interference or radio signal interference, electrical interference, fire hazard or any other hazard emanating from the dwelling. No home occupation shall involve the use or production of noxious, toxic or harmful materials. The purpose of this standard is to ensure that a home occupation has no adverse environmental impact on adjoining properties. Chapter 14, Article III General Provisions 22 Village Board Meeting - December 6, 2016 Page 271 of 578 Updated: Q« to a e ...Il..4.9eptemlbea 2, 2016 E. No person shall be employed other than a member of the immediate family residing in the dwelling unit, and no employees other than persons residing on the premises shall report to work at or near the premises, either for work to be completed within the residence or to be dispatched to work at another location. The purpose of this standard is to ensure that no nonresident comes to a dwelling for employment purposes, and to minimize the traffic generated by the home occupation. No routine attendance of employees associated with any home occupation shall be allowed at the premises of the home occupation. "Routine attendance" shall mean that the conduct of the home occupation requires nondomiciled persons to visit the premises of the home occupation as part of the regular conduct of the occupation, without regard to the number, frequency or duration of such visits. This standard shall apply irrespective of any business activity actually taking place at the dwelling unit. F. No home occupation shall generate customer, client or group visits of a greater frequency than what would be expected in a residential area where no home occupation exists. Any need for parking generated by a home occupation shall be provided on site and shall not exceed the required parking for a dwelling unit. The purpose of this standard is to limit the frequency of customer or client visits to an amount that is not disruptive to a neighborhood and eliminate congestion on public streets. G. The home occupation shall not utilize more than twenty five percent (25%) of the gross floor area of the dwelling unit. The purpose of this standard is to assure that the home occupation remains incidental to the residential use of the structure. H. No outside storage of any kind related to a home occupation shall be permitted. I. All vehicles utilized in conjunction with a home occupation shall comply with the regulations stipulated in section 14.2208 of this chapter. J. No contracting or service equipment or materials shall be stored on the premises, except in a permitted truck used for transporting equipment or materials between jobs. No loading or unloading of equipment or materials shall be done on the premises. No trailer used for commercial contracting or service uses shall be permitted for equipment storage in a residential area, nor shall it be parked on the premises. K. Private instruction as a home occupation is permitted, but is limited to no more than three (3) pupils at a time. (Ord. 4590, 9-21-1993; amd. Ord. 4825, 10-1-1996; Ord. 5426, 4-20-2004; Ord. 5685, 4-15-2008; Ord. 5751, 8-4-2009) 14.308: GROUP AND FAMILY COMMUNITY RESIDENCES; GENERAL PROVISIONS AND STANDARDS:Z1 LJ Group and family community residences shall be located as either a permitted or Chapter 14, Article III General Provisions 23 Village Board Meeting - December 6, 2016 Page 272 of 578 Updated: 2010 conditional use within all residential zoning districts in accordance with the provisions set forth listed insection 14.604ofthis chapter. (]rd.5751.O'4'2OOQ) �14.3DS:TEMPORARY USE:N Comment [NB14]: Legal helped draft this Tamponarybuihdingoorobuctureomoybao|lowadoubjaothodhafbUowingnagu|odono: A. Temporary construction trailers. 1. Temporary trailers orfacilities for approved construction projects are permitted subject hothe standards ofthe building code. 2.S4G#Te Her facilities shall balocated hoconform hothe applicable setback requirements ofthe zoning ordinance. oi|idaoshall baremoved upon completion ofthe construction project. B.Temporary classroom llroi|aro-and -rgc|tes. used ooclassrooms orsimilar uses that are ancillary hoon existing school use are permitted for uphoone year ofthe bui|dinocode. C. facilities shall be located to conform hothe applicable setback requirements ofthe zoning ordinance. 1.Du[atign._Spaoio|promotions such ootent sales oroutdoor meetings are permitted for operiod ofone week. Nomore than three (3)such promotions shall ba allowed in a calendar year. 2. Location., Any tent, bleachers or other installations used in conjunction with the promotion shall meet the applicable setback ofthe zoning ordinance. Temporary tructures located on a parking lot shall meet the required parking lot setbacks and shall not block fire lanes. All temporary tructures are standards of the buildinlcode. ysignage ordisplays used with ospecial promotion shall meet the provisions of . (]rd.45QO,Q'21 1993;omd.Ord.5034.7'20'1999) Chapter 14, Article III General Provisions 24 Village Board Meeting - December 6, 2016 Page 273 of 578 Updated: ei ...11.."`�.°`�ep�temlba.IT�a 2, 2016 ate � « ta�a a G'II"G"IIpg[gIIy§tlructU!II,;;G"§j, �ggb its tents dill sIiri"llN ll stiuctui s used mill Comment [NB15]: We feel we may need a definition of a temporary structure u�PauP�uu„pyumau�P, t:aaaumll,�ul�y, au „Pau��tta....V�u�uiaa„�, �:u IlaauumlPP�9 iau .:) Ilaaula�9 aiau� . Agagl , gind all g:: umaaP the :2ccessoiysf a ctu iie sefl,-ttallk uegy luaumaints of the zoinhig au6'um211ce ............................................... 14.310: STANDARDS FOR THE R-3 AND R-4 ZONING DISTRICTS?'"?] (Rep. by Ord. 5034, 7-20-1999) 14.311: OUTDOOR SALES AND STORAGE:Q ! LIJ A. Outdoor Sale And Service Of Seasonal Merchandise: The outside sale and service of seasonal merchandise at retail shall be permitted only under the following terms, conditions, restrictions and regulations in the commercial districts of this chapter: 1. Outdoor sales and storage shall only be allowed as an accessory use to the principal use of the property. However, outdoor Christmas tree sales shall be permitted with written approval of the property owner. 2. Outdoor sales and storage of items at retail shall be restricted to sales of seasonal merchandise during the time of the year when such items are normally used. 3. When merchandise is stored or displayed on pedestrian walkways, a minimum width of five feet (5') must be maintained free and clear of any storage, display or sales. 4. All outdoor sales and storage shall be restricted to private property, and no sales and storage shall be permitted on publicly owned property, except sidewalk sales in the central business district. 5. Outdoor sales and storage of merchandise in parking areas shall be approved by the director of community development. 6. All merchandise shall be kept in a neat, safe, sanitary and orderly fashion, free from garbage, rubbish and other debris. 7. There shall be no temporary or permanent storage of inventory in trailers. Chapter 14, Article III General Provisions 25 Village Board Meeting - December 6, 2016 Page 274 of 578 Updated: Dto a e ...Il..4.9eptemlbea 2, 2016 B. Outdoor Dining: Outdoor dining areas shall be permitted on the same zoning lot as and in conjunction with an established restaurant in the B-3, B-4, or B-5 district, subject to the following requirements: 1. The following criteria shall apply to all outdoor dining areas located on the same zoning lot as the established restaurant: a. Outdoor dining areas may be revoked by the village manager at any time on fourteen (14) days' notice for failure to comply with the regulations set forth in this section. b. All outdoor furniture and appurtenances shall be constructed in such a manner as to allow for their easy removal during winter months and/or if otherwise required by the village. c. All outdoor furniture and appurtenances shall be designed to withstand a minimum wind pressure of not less than thirty (30) pounds per square inch. d. Colors and materials of outdoor furniture and appurtenances shall be harmonious with the principal and adjacent structures. e. The sale and consumption of alcoholic beverages in the outdoor dining areas shall be subject to all requirements of chaster 13 of this code. f. The proprietor shall provide adequate facilities for refuse disposal, as determined by the environmental health division. g. The outdoor dining area shall not be detrimental to the health, safety, or welfare of nearby residents or persons working or shopping in the vicinity. h. Outdoor dining areas shall be exempt from applicable parking requirements. However, in the event that the outdoor dining area creates an overflow parking problem onto adjacent public streets, the permittee must make provisions for off site parking on nearby nonresidential properties. i. Advertising or promotional features in a permitted outdoor dining area shall be limited to umbrellas or canopies, and shall be limited to no more than fifteen percent (15%) of the surface area of a canopy or umbrella. j. Outdoor dining areas shall meet all applicable village and state health requirements. k. No music or other noises generated by the operation of the outdoor dining areas shall be audible on adjacent properties. Chapter 14, Article III General Provisions 26 Village Board Meeting - December 6, 2016 Page 275 of 578 Updated: Dto a e ...Il..4.9eptemlbea 2, 2016 I. In no event shall the outdoor dining area operate earlier than six o'clock (6:00) A.M. or later than eleven o'clock (11:00) P.M. 2. Outdoor dining areas shall be permitted on public property, subject to the following criteria: a. All regulations set forth in subsection 131 of this section. b. An application for the outdoor dining area permit must be submitted to the department of community development. The department will conduct an administrative review of the application and the director will either approve or deny the application within thirty (30) days from receipt. The application shall contain, at a minimum, the following information: (1) A site plan showing location of the outdoor dining area; (2) Plans and cut sheets demonstrating the type of barricades, landscaping and other features that will be utilized to define the outdoor dining area and enhance the aesthetic appeal of the area; (3) Distances of the outdoor dining area to all property lines; (4) Proposed hours of operation; (5) The clear width of all walkways and sidewalks adjacent to the outdoor dining area; (6) Photographs or other documentation showing the construction and appearance of all furniture and appurtenances to be used in the outdoor dining area, including materials and colors; and (7) Provisions for refuse disposal for the outdoor dining area. c. Approved permits for outdoor dining areas shall be effective for a period of one year from the date of approval. d. The use of public sidewalk space for outdoor furniture and appurtenances shall only be permitted incidental to the operation of a restaurant on private contiguous property. e. The applicant shall submit a written statement acknowledging responsibility for and agreeing to comply with the following: 1) the sidewalk area will be maintained in a clean and safe condition; 2) the required open portion of the sidewalk will be kept free from any obstructions or encroachments pertaining to the restaurant use; and 3) the proposed outdoor dining area will comply with all conditions of this section. Chapter 14, Article III General Provisions 27 Village Board Meeting - December 6, 2016 Page 276 of 578 Updated: Q« to a e ...Il..4.9eptemlbea 2, 2016 f. In no event shall the operation of the outdoor dining area reduce the open portion of the sidewalk to less than five feet (5') in width. g. Outdoor furniture and other appurtenances shall be constructed of durable materials, such as wrought iron. The applicant shall furnish the village with evidence of general liability insurance and dramshop insurance, if applicable, naming the village as an additional insured and insuring the village against any liability resulting from the uses permitted by the permit issued under this section. Minimum coverage for general liability insurance and dramshop insurance shall be as set forth in appendix A, division I of this code, and shall have no less than an "A" rating by the most recent A.M. Best insurance rating guide. i. The operator of the outdoor dining area shall be responsible for any damage to public property and shall restore the public sidewalk to its original state when the operation of the dining area ceases. j. In order to prevent the restaurant space from encroaching upon the front of another merchant's establishment, the outdoor dining area shall not extend laterally beyond the frontage of the permittee's establishment. C. Outdoor Storage On Residential Property: Outdoor storage on residential properties is prohibited except for the following: lawn and garden equipment and materials, garbage cans, grills and portable fireplaces, patio furniture, household tools, children's play equipment, and other items similar to the above as determined by the community development director. For regulations regarding the storage of commercial vehicles, or recreational vehicles and equipment, please refer to article XXII of this chapter. (Ord. 4590, 9-21-1993; amd. Ord. 5148, 10-17-2000; Ord. 5189, 5-15-2001; Ord. 5253, 5-21-2002; Ord. 5313, 3-18-2003; Ord. 5426, 4-20-2004; Ord. 5638, 7-17-2007; Ord. 5751, 8-4-2009) 14.312: ELIMINATION OF UNPERMITTED SECOND HOUSEKEEPING UNITS:1T] A. Prohibited Acts: Except for as provided in subsection B of this section, no person shall: 1. Enter into any lease or rental agreement of any kind or nature or otherwise maintain or permit for living purposes the use of an unpermitted second housekeeping unit. 2. Establish, install or construct an unpermitted second housekeeping unit within the corporate boundaries of the village. Chapter 14, Article III General Provisions 28 Village Board Meeting - December 6, 2016 Page 277 of 578 Updated: Dto a e ...Il..4.9eptemlbea 2, 2016 3. Subsequent to January 1, 2000, enter into any lease or rental agreement of any kind or otherwise maintain or permit the use, for living purposes, of an unpermitted second housekeeping unit. B. Exceptions: This section shall not be applicable to the following: 1. "Group community residence" as defined in section 14.2401 of this chapter. 2. "Family community residence" as defined in section 14.2401 of this chapter. 3. Housing provided for religious institutions maintaining a house of worship in Mount Prospect when the housing is for its ministry, outreach or program personnel, provided that such housing is not otherwise prohibited by Mount Prospect regulations or laws. 4. Residences constructed and/or modified as residential two (2) flat or two (2) apartment buildings prior to May 2, 1944, which have not been converted to a single dwelling unit residence. 5. Any residence which has been officially sanctioned by the village as a two (2) flat whether by variation, special use or other official legislative action of the president and board of trustees. 6. Otherwise permitted sleeping rooms or separate living quarters without second kitchen units. 7. Those units that have free and unlimited physical access to the rest of the dwelling unit. If there is an issue as to whether the residence was built as a two (2) flat prior to May 2, 1944, or as to whether the village has officially sanctioned the two (2) flat, then the burden of proof, by clear and convincing evidence, shall be on the owner. C. Realtors And Brokers: It shall be unlawful for any real estate broker, or agent or any other person or entity, to advertise, state or otherwise hold out to the public or any potential buyer that a residence may be used in any manner contrary to this section. D. Probable Cause To Inspect: A sworn complaint from a Mount Prospect resident that an unpermitted second housekeeping unit is in existence within the village in conjunction with any other single indication of the existence of such a unit shall constitute probable cause to permit a village official to obtain an administrative warrant to enter the premises as to which the complaint was filed to determine the actual existence of such a unit. Other indications of such a unit shall include, but not be limited to, vehicles at the residence registered to different parties, separate trash pick up, separate utility meters, prior knowledge of a village official of such a unit or Chapter 14, Article III General Provisions 29 Village Board Meeting - December 6, 2016 Page 278 of 578 Updated: Q« to a e ...Il..4.9eptemlbea 2, 2016 additional reports by other village residents. The foregoing shall not be the exclusive method of establishing probable cause to inspect. E. Irrebuttable Presumption: The following shall raise an irrebuttable presumption that there is not compliance with the requirement of "free and unlimited physical access" as defined in this chapter: 1. The existence of a lock or locks (whether used or not) on the only door or on all doors between an otherwise unpermitted second housekeeping unit and the remainder of the home. 2. Door hinges installed or maintained (whether a door is used or not) in the only passageway or on all passageways between the otherwise unpermitted second housekeeping unit and the rest of the home. F. Application Of Definition Of Family: Nothing in this section shall be construed as permitting more than one family to occupy a dwelling unit. G. Penalty; Persons Subject To Penalty: Persons violating any portion of this section shall be subject to a minimum mandatory penalty as set forth in appendix A, division III of this code. Each day that the violation continues shall be considered a separate violation. (Ord. 5751, 8-4-2009) 14.313: REGULATIONS FOR PERSONAL WIRELESS LS VICE FACILITIES ( ] Comment [IT16]: Changing the name to match the defined term in the code_ A. Purpose: The purpose of this section is to provide specific regulations for the placement, construction and modification of personal wireless telecommunication facilities. The provisions of this section are not intended and shall not be interpreted to prohibit or have the effect of prohibiting the provisions of personal wireless services, nor shall the provisions of this article be applied in such a manner as to unreasonably discriminate among the various companies that provide personal wireless services. To the extent that any provisions, or provisions of this section, are inconsistent or in conflict with any other provisions of this chapter, the provisions of this section shall control. B. Village Action: In reviewing any request, the village board shall act within a reasonable period of time after the request is filed with the village, taking into account the nature and scope of the request. Any decision to deny such a request Chapter 14, Article III General Provisions 30 Village Board Meeting - December 6, 2016 Page 279 of 578 Updated: Dto a e ...Il..4.9eptemlbea 2, 2016 shall be in writing and supported by substantial evidence contained in a written record. C. Petition For Amendment: Should the application of this section have the effect of prohibiting a person or entity from providing personal wireless service to all or a portion of the village, such provider may petition the village board for an amendment to this section. The village board, upon receipt of such a petition, shall promptly undertake review of the petition, taking into account the nature and scope of the petition. Any decision to deny such a petition shall be in writing and supported by substantial evidence contained in a written record. D. Application And Submittal Requirements: 1. No personal wireless service facility shall be erected, installed or maintained in the village unless a permit has been applied for and approved by the community development director. 2. All applications for a personal wireless service facility shall include the following documentation or information: a. A written report from a qualified professional engineer that is licensed by the state setting forth the following: (1) The facility's height and design including both a cross section and topical elevation; (2) The height above grade for all potential positions and the minimum separation distances between antennas; (3) The number and type of antennas that the facility can accommodate; (4) A map drawn to scale showing the lot lines, land uses and tree coverage, including average tree height of all properties within three hundred feet (300') of the proposed site; (5) Documentation from the manufacturer that the structure upon which the facility is located is sufficient from a structural engineering standpoint to bear the anticipated load. In instances of freestanding structures, this shall include a certificate that the foundation of the structure is built, constructed and engineered to take into account the existing soil conditions; (6) Certification that in the event of a fall or collapse, that the facility is designed and manufactured to fall entirely within the boundary lines of the lot on which it is located and that it has been erected in accordance with manufacturer's specifications; Chapter 14, Article III General Provisions 31 Village Board Meeting - December 6, 2016 Page 280 of 578 Updated: Dto a e ...Il..4.9eptemlbea 2, 2016 (7) Certification shall also state that the design complies with all local, state and federal regulations including, but not limited to, stormwater regulations; and (8) Such other documentation as the village may require. b. The application shall include "before and after" photos. The "before" photo should be a color photo of what can currently be seen from any public road within three hundred feet (300') and the "after" should have the facility superimposed on copies of these photos. c. The applicant shall demonstrate that the proposed personal wireless service facility will not interfere with any existing village public safety communication systems or residential or commercial application including, but not limited to, television and radio broadcast signals. d. The community development director may require review by a third party of the technical data submitted by the applicant. The applicant is responsible for the cost of such review and the applicant shall make full payment to the village. The village shall place these funds in an escrow account and make payment to the third party upon the completion of the technical review. Selection of the third party expert is at the discretion of the community development director. E. Placement Of Personal Wireless Service Facility: A personal wireless service facility may be erected or installed only in accordance with this section. The personal wireless service facility shall conform to all minimum setback, yard and height requirements and to all applicable federal laws and regulations concerning its use and operation. An easement or a lease is required for any new facility on property not owned by the applicant. The following chart shall govern the placement and hei ht of all personal wireless service facilities: Antenna Standards Height Setbacks Adjacent To Residential Not Adjacent To Zoni Struct Use Residential Use ng ure Distr Mono Latti Guy Moun Fro Sid Re Fro Inter Exter Re ict pole ce ed t' nt a ar nt for for ar -1 120' 120' 120' ,,,, 10' ,,,,,,,, NP,,,,, 100 ........100 NP 15 30' 20' 1-3, % % O/R hei hei ght ght B-3, 70' NP NP 10' NP 100 100 NP 10' 30' 20' Chapter 14, Article III General Provisions 32 Village Board Meeting - December 6, 2016 Page 281 of 578 Updated: Dto a e ...Il..4.9eptemlbea 2, 2016 B-4 % % hei hei ght ght B-5 NP NP NP 10' NP 100 100 NP 100 hei hei heig ght ght ht B -5C NP ......... NP NP ................................................ 10' ,,,,, NP 100 ........100 NP 100 hei hei heig ght ght ht C-R 70' ......... NP NP ................................................ 10' ,,,,, NP 100........100 NP 100 hei hei heig ght ght ht B-1, 70' NP NP 10' NP 100 100 NP 10' B-2 % % hei hei ght ght R -X, �NP NP NP 10,2 R-1, R -A, R-2, R-3, R-4 Notes: 1.1-leight above the existing structure. 2.No more than 1 per residential unit permitted. NP = Not permitted. F. Collocation Of Personal Wireless Service Facilities: 100 100 heigh hei t ght 100 100 heigh hei t ght 100 100 heigh hei t ght sIma Comment [IT17]: Modify Use Table to state "Structure Mounted", current table implies that monopoles are permitted until you review this section of the code- 1. ode_ 1. Placement: Comment [IT18]: We don't take collocations The village encourages toPzorVB collocation to minimize the proliferation of antenna supporting structures. Owners, lessees, or their representatives shall cooperate in good faith to achieve collocation Chapter 14, Article III General Provisions 33 Village Board Meeting - December 6, 2016 Page 282 of 578 Updated: Dto a e ...Il..4.9eptemlbea 2, 2016 when it is in the best interest of the village to do so. The village may require the execution of an agreement to permit collocation unless such collocation proves to be impractical. The village may grant access to municipal property and/or lower application fees to carriers locating two (2) or more users on a single tower. A proposal for a new personal wireless service facility shall not be approved unless the applicant provides written proof that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, structure, monopole that already exists within a one-fourth (1/4) mile radius of the proposed tower for one or more of the following reasons: a. The planned equipment would exceed the structural capacity of the existing or approved tower or structure, as certified by a qualified professional engineer that is licensed in the state, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate the additional facility at a reasonable cost; b. The planned equipment would cause interference materially affecting the usability of other existing or planned equipment at the tower or structures as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost; c. Existing or approved towers and structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as certified by a qualified and licensed professional engineer; d. Other unforeseen reasons that make it not feasible to locate the planned telecommunications equipment upon an existing or approved tower or structure as certified by an appropriate professional. 2. Structure Design: Any proposed guyed, lattice, or monopole tower shalll be designed structurally, electrically / Comment [IT19]: Roof mounted should be and, in all respects, to accommodate both the applicant's antennas and comparable excluded here, as its only for collocation antennas for at least two (2) additional users. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. G. Design Criteria: Antennas mounted on water towers shall not extend more than ten feet (10') beyond the height of the water tower. All antennas, except those mounted on monopoles, shall be designed to be compatible with neighboring buildings and uses, and shall match or blend with the structure to which they are attached so the antenna is virtually invisible to the casual observer. Antennas installed on buildings shall not extend more than ten feet (10') beyond bra} he height of the structure and shall be / Comment[IT20]: Nearly all of our structure painted to match the color of the building to which they are affixed. As such, monopoles mounted antennas project above roof height. and any accompanying equipment shall be painted a uniform, neutral color. Towers may not display logos or company colors. Chapter 14, Article III General Provisions 34 Village Board Meeting - December 6, 2016 Page 283 of 578 Updated: Dto a Gni ...Il..4.9eptemlbea 2, 2016 H. Screening: A combination of landscaping, berming, fences or other screening materials shall be utilized to maintain or enhance the existing character of the property surrounding a personal wireless service facility. All structure bases shall be completely screened from view. I. Abandoned Or Unused Facilities: Abandoned or unused facilities, towers, or portions of towers shall be removed as follows: All shall be removed within six (6) months of cessation of use or of notifying the FCC of intent to cease operations at the site, whichever comes first, unless a time extension is approved by the community development director. A copy of the relevant portions of a signed lease which require the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. Any tower and associated facilities not removed within six (6) months of the cessation of operations at a site shall be deemed a nuisance and may be abated according to the nuisance provisions of this code. 2. Unused portions of towers above a manufactured connection shall be removed within two (2) months of the time of the abandonment of that portion unless the village has specifically designated that portion for future collocation. J. Utility Buildings And Structures: All utility structures and structures accessory to a personal wireless service facility tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation. The maximum height for an accessory utility structure is twelve feet (12') and shall be no larger than six hundred (600) square feet. K. Signs And Advertising: The use of any portion of a tower for signs other than warning or equipment information is prohibited. L. Temporary Facilities: Temporary personal wireless service facilities shall conform to all of the setback and yard requirements of the district in which they are located. A temporary personal wireless service facility shall not exceed the height of the facility previously approved for the property, or one hundred feet (100') in the case of a special event. Only one temporary personal wireless service facility will be allowed per site at any one time, unless the approved facility on the subject site allows for collocation, in which case the permissible number of temporary facilities on that site shall be the number approved for that facility. A temporary personal wireless service facility must be located behind the front plane of any principal structure that is on the lot. A temporary personal wireless service facility may be allowed only in accordance with subsection E of this section. A request for a temporary personal wireless service facility may be granted only by the village manager in such reasonable numbers and with such reasonable conditions as the manager may deem appropriate. Any request for additional time Chapter 14, Article III General Provisions 35 Village Board Meeting - December 6, 2016 Page 284 of 578 Updated: Dto a e ...Il..4.9eptemlbea 2, 2016 beyond that set forth in this subsection L, shall be subject to review by the planning and zoning commission and approval of the village board. 1. Special Events: Temporary personal wireless service facilities shall be permitted for each licensed carrier for special events (temporary sporting or entertainment events) of a period of one week. No more than three (3) such promotions shall be allowed per carrier in a calendar year. 2. Repairs And Equipment Upgrading: If a permanent personal wireless service facility is under repair or equipment is being upgraded, a temporary facility shall be permitted for each licensed provider for a period of up to ninety (90) days. The owner of the facility must certify in writing the necessity for the repair or equipment upgrade. M. Insurance: The provider must tender to the community development director on an annual basis, proof of public liability insurance covering the facility in an amount not less than as set forth in appendix A, division I of this code. N. Compliance: All personal wireless service facilities must maintain compliance with the approved plans and specifications. If the personal wireless service facility becomes noncompliant with approved plans and specifications due to, but not limited to: discoloration, cracking, missing components, rusting, settling, damage or general disrepair; then the owners of the personal wireless service facility and the owner of the structure or lot on which the personal wireless service facility is located will be jointly and severally responsible for remedying the specific nonconformities. These nonconformities must be remedied within forty five (45) days after written notice, detailing these nonconformities, sent by the village to the owner of the personal wireless service facility and the owner of the structure or lot. Failure to remedy all of the cited nonconformities, within the forty five (45) day time period, shall be punishable by a fine not exceeding the amount as set forth in appendix A, division III of this code, each day that the violation continues. O. Certificate Of Completion: All personal wireless service facilities shall obtain a certificate of completion from the building division prior to facility operation. Carrier(s) must meet all village codes and provide copies of the following documentation prior to receiving a certificate of completion: 1. Federal aviation administration permit and the FAA reply; 2. Copy of the FCC permit and intermodulation interference report; 3. Copy of the annual filing to the FCC stating the carrier's compliance with all FCC rules and regulations. Chapter 14, Article III General Provisions 36 Village Board Meeting - December 6, 2016 Page 285 of 578 Updated: Dto a ei ...Il..4.9eptemlbea 2, 2016 ttNMII)�QNN a Comment [NB21]: These were moved to article XXIV II II t p.pR ::R4l N II 419 US@ 9f d@SIigRat@d e,44! 9ti 999@IqG" 6 9lmIl�Ylml 9596 of p4vate, R9RGernmei:G4a Gernmuu4G tlQR °.AcR t@Ytl aIqGlUd@S P@S9RG... 4h a Im9Gw e ttgRa� a1149 1:96t Iluq Fad q t@G[lliq q ye 69I I'Y.... adlln P9F69R,,4.... a and w ath9Yt d u:iia t Ilq GWuq:ia,Y all 9IP96 aR Il::44.0q9t aigGt u e GernrneGm !'!a' I Ili ead ast1!R Il�Yb4G Saf@t Gernrn uigaG t1QR 91!: P9f@.661iei1qI twe way ivadae se1m4Ges tae kR9WR G 11am ivadiel°.'.,,. P4:11:p NPl 6Y1m) t,m 49r:R e 4iGh 4149SS m 1e sa a au is crime sei# aiigd i9G@� qd IS a P99 S9Ru t..4i89SS S8PAG8:faG44Y::, AR:t81q1qa11...Gh96ukl..R9 b8.Ysed as...a Sy1q9Ryr:R:k)1: 11 t,9l4 X11 tp'tll p t pA peii2sOR owe.well,)away fl; aR p4;4Ga)u n bef9re the vlflaqqfbr m p griii t) fe11 � e s � a6 Nt I Comment [NB22]: This definition is unnecessary as it's used in the same manner p�Gll u�ll�w�wp www °� n nGdl V�CW�," �" throughout chp 14_ GQLLQGA�1IQN: l:pu use ef a swwt te IcH941# 9R 4:18 1:9Y1qd by r::R9halq 999 t"; 111 (Vegl:Gat t,949G tlQR) and/9im sev94 r:R9YRtS 9R...aR ex+&4ig4- - Q :::A See &41 tw R t II X91:69Rat W�pi @� ess 99PAGe IIa t,a 4yt w.tp.;)Y 1) R:..,.A iR9R 9P98 9 k t1awwe..,ewei h t a tl'8d t9 #18 g 1!:9YRd 91!:9:018em p::Tp Q11: :OWEIIS.:A g :9Y ii d i:R96l Rt9d S46lGt lig th t as se 4-s ullppe4e iiq w4h multallplq pt,) t 11 p:::t type of giceyiqd i:R96lRt8 tPU tw 9th t.1 69l - YII�P914t:R 44; u im ayed wit #u@ 1eIp:: V91#t Gat ww9k9G ta9RS-e te11q have aicim s a IRt9i:inedaa e II�9S49R G44'Rti ti E 14 9 11 14 ✓d t.: 11 4 99...94 RVd Q II ¢ d 11 d Il li".... II d ue 11p4aiiq � 9U.:iPr::R 11 t..0 u�� Il�em��Il� I t).; au�ww4 w aur 1b6l1 R9:t 41c 1 @ d9 Galb4@Gv e ar9 G9R(i411 6ut"1 IIpedes 4 ,; aRt9 iga6, t9l9G;,9 R RARw!w ata9RG awt....A p ee6� Rai was@, 96 e nuc" e" c"btad:w) tl. iia a psq ggivat i Ie: k)1: °.'G84 64 91, auq 9e !Ra1 G8 a uqd qdl 91: qGyr eigt , t 14 5 11 14 Wd E.: 4 ... 4 p d¢ 4 . w rw rw m1m ,a t rw p:, It l'19 681:: tt,9 , twwqI4t"8869 4:149SS S@rNAG@S, all d t,91cH1n9R t aR:'@i-...4486 9xGhw wqm aGGess 6913 Ges: p 14 p p¢ II p p-14 t Il\AQ P p t p:) SII' p 4:::::44NA� A 64YGW- @ rneui4ed a1#9RRa..as typ!Ga y 9Gat8d 91l1q... t1:6lG1t P9 Gtww:h a tmi 1i;ewe%,..Ytataty..Ilpee u 11q ' Chapter 14, Article III General Provisions 37 Village Board Meeting - December 6, 2016 Page 286 of 578 Updated: t_ « to a e i ...I..4.9epte m lba. r 2, 2016 4J��L: G NS tftfll'''''tl i i 21 i' 121 2... ou uuTueueauu� uTuol+i�e..seuY ioee. ill uut ouuuu VVI di AI:4NA� -A hI ,R Fod tIhattllgea ms a R d Feeeines a su2na n uud ii:eotioRs,...(0rd. 4925, 4-21-1998; amd. Ord. 5189, 5-15-2001; Ord. 5219, 11-6-2001; Ord. 5751, 8-4- 2009; Ord. 6029, 9-18-2012; Ord. 6122, 12-17-2013) 14.314: OUTDOOR LIGHTING REGULATIO (I'll IEl AIS eu:4doeu 1491#R2, exoell t foF stueett ght6 ...shy 34 be subeon to the...foko4p 2ene4' uequ:4 emen#s. 2uci!4t' opaul uepuulu44s fou Il9 311:kii�g fop..-kgh:6in2. uuue inok4ded fn A Gen„eiau II Al1Ling I' „22uuiueilrients SII o0doou ligLfing, 2L2tpt a.!I spueepli tll Ps „Il ull be nu:4bjggt to pllfe follownng u22ggiieirnents,. . Glare Onto Adjacent Properties Electric lighting used to illuminate outdoor areas shall be directed in such a way as to prevent light trespass or direct glare onto adjacent properties and rights of way. ,..t.......... Fixture Design,,: Outdoor lighting fixtures ' shall comply with the following limitations, which the exception of single-family residential f.t„t. Full cutoff luminaries with a total cutoff angle of not more than ninety degrees (90°) shall be used. The director of community development may approve cutoff angles greater than ninety degrees (90°) or the use of fixtures without full cutoff luminaries upon submission of information conclusively demonstrating that the proposed lighting will not cause glare on adjacent properties. 2IIfp. All lighting mounted under a canopy, including, but not limited to, luminaries mounted on or recessed into the lower surface of a canopy, shall be full cutoff. 2. Flat lenses are required for all lighting fixtures. 1.u9. Wall lights, where used, shall be full cutoff and fully shielded. e5. Task focused lighting is permitted at gas stations, ATM drive-throughs, and similar uses as approved by the director of community development, and must include an internal louver so the light focuses directly on the task area and does not spill onto the pavement. Chapter 14, Article III General Provisions 38 Comment [NB23]: This section is combined with Section 142219 Parking Lot Lighting, So all lighting standards are in one place_ Comment [IT24]: Change requires mult- family to comply with full cutoff requirements_ Comment [NB25]: Moved from item 6 below Village Board Meeting - December 6, 2016 Page 287 of 578 Updated: GSI ...II.."`�.9ep�temlba.IT�a 2, 2016 ate � « ta�a a GI II r1iC Comment [NB26]: Moved from 142219 Q �Nr NNr h 1 And ate ll naNN N nY i 1i n pi 1p Ilii IIIA N Parking Lot Lighting, same regulations res �ocated iii '2" .. �' ' I'u��;�lurtlu� plln�� 2��1.,� r �u����l�� aiu�IN.:: au�rN I6. ul�lnl�ni Ilnlln �allnlli� �' i�. the IsIVIY`,^.p pd I p„p 1Ii,jt r.1„I,. a I'Ylla„IlilltJl6'Yll r� i pll�`�`....d d p' .:.11 ' "v"�° pl',t.° pd tr"d l I'.. ., ss ...II Irlln..p n ac c ��Il�.pall2lf2 tg tllnf2 vllll f2. sllnll Il��r constructed ofI ...I.��ial� ��I.� other I::nlai��l I.... 2!nog2EYYQQd...VgI s arg pImgNnl'Il l rt.. ” Fours Of YeratNon: All Ili htNn shall....be reduced to sec;ur�ty levels c�urNno hours of -- --- nono eratllon G)t the nn("Y a a ie CYn a rC7 eY I. Comment [NB27]: Moved, was 14 314 F „ LV hf9n Ran_ e ulY N he bUIIIcLm k.LYI It �i LLr Yll� cion tG)r 1ny nG)nrt iYG�k ntlla � Comment [NB28]: Moved, was 14 314 E dev lorar�Yent or Y�Yultll taY�Ylily residentllal develo r�Yent shall �nc;lude a IN htling la an ..: ... .:.. ...... .W...n.... G.....n.G.....sea .1..G.... r.............:...rc:...c.n..l......n..I..n..eer...:a..n.c�....In....c:,.l..u.din.. ata rJYlinimur�Y.....th... y ...... doHow : ....IL...N .v.6. s 1 Light Intensity Levels At Lot Lines: All illumination level readings shall be taken at ground level no more than six inches (6") above grade and shall be subject to the following maximum foot-candles at the lot line II n le ri g,O.L.e.I'.�Le.n..p ....o.f...p:.�::n.L .....N' ,-)se.�..�.pLon Chapter 14, Article III General Provisions 39 Village Board Meeting - December 6, 2016 Page 288 of 578 Updated: Dto a Gni ...Il..4.9eptemlbea 2, 2016 nllnn..l a �nP ll2l22n 12 Dggi i.es Widdin the Ili n and....11t 5C zoiNng n„intiic tn...th t rile tl''.n. Il tip a odn Dnp gqy iin t:. e Il�...,�...o Ilt n.... ninti i�,Y .' �ingjg..11 an n.L.In Residential te wcesild igt.4P nn� i cl' a ti l..:tn a �n� em nin�u 1iI IR lti 11 iniln„ Bf22 dend,n.l. 1...The i 8 .01:8i neilgt of t4n sybS9Gt1 nR... 11 n tl uq9 Ilnlpn e tint 4ige !#;� uq the.. 11 t -n aiqd l:::: t -5Q Z9R� llq g nl'64e ! ,1n that dai@G:tln 4byt aR9th@ :9P@ 4Y i:iR #18 -5 nim E3 5 Q II' . Maximum Averagf2 Illumination Levels II 3.n....u...U.nn: The following table summarizes the maximum average illumination levels for a variety of uses: Outdoor sports lighting Park, school, institutional, and industrial uses Lighting for uses other than those listed in the above table shall be reviewed by the Chapter 14, Article III General Provisions 40 Comment [N1330]: New heading for clarity Comment [N1331]: Changes to Illumination levels to correct existing conflicts within the code and are consistent with nearby communities_ Village Board Meeting - December 6, 2016 Page 289 of 578 Updated: GSI ...II.."`�.9ep�temlba.IT�a 2, 2016 ate � « tai a community development director to ensure the proposed illumination levels are appropriate for the property and surrounding area. Comment [NB32]: Moved from 142219 (Off Street Parking) s ,> s �" Comment [NB33]: From Article XXII_ cce> xan rl��n ti> llti> ti�N� l� conn I rrotN� N� r ua�a ac�rati� �� t c.l'� ....ti� ti� ctuc�n. Fhe dollowin criteria for Inlinirrium illumination „nil a�Yaxi�rYua�Y.:: r ua . iIluf�Yllnatllon, au rt aRaiimelaahll LeaYet for all arkin lots;. Comment [NB36]: Moved to 14 314 A4 n above Chapter 14, Article III General Provisions 41 Village Board Meeting - December 6, 2016 Page 290 of 578 IIS ii uru ii Irn �� Irn vvulm g,v PIIIS: imuurru, Maximum v` �vra e 111111 6:em 111 qua III'oo0.: II / e Of IDevell Call[udlleIFgQj&j44VW n;, Comment[NB34]: These levels were adjusted to provide a�Y IMuIti: taIII re �dentllal 0A J, 4 consistence within the code and are in-line with surroundingcommunities_ Uniformity levels are aWa f"all k struck as they are not necessary; using a maximum and minimum level results in uniformity on a site - J!::52:6 Commercial CD. .„45.0 3 .::p. r�a1.2 0. 3:05 Comment [NB35]: Revised to be consistent with average illumination levels for the entire property, (table above) ad , 5gimd and V,nsdtuPbnal, CD. 45.0 �. IaiCal"aliai llw',;; allqrt aW�aI"allk� �aliltlllr.1'a�42 A°. Comment [NB36]: Moved to 14 314 A4 n above Chapter 14, Article III General Provisions 41 Village Board Meeting - December 6, 2016 Page 290 of 578 Updated: Dto a Gni ...Il..4.9eptemlbea 2, 2016 1. Upward aimed building facade lighting shall not exceed nine hundred (900) lumens (60 watt incandescent or 13 watt compact fluorescent bulb). All upward aimed light shall be fully shielded, fully confined from projecting into the sky by eaves, roofs or overhangs, and mounted as flush to a wall as possible. 2. Building facade light exceeding nine hundred (900) lumens shall be fully shielded, aimed downward, and mounted as flush to a wall as possible. 3. Building facade lighting shall be fully contained within the vertical surface of the wall being illuminated. 4. Building facade lighting that is measurable at the ground level shall be included in the maximum allowable light levels. Chapter 14, Article III General Provisions 42 Village Board Meeting - December 6, 2016 Page 291 of 578 Updated: Q« to a e ...Il..4.9eptemlbea 2, 2016 u.i. Exceptions: The standards of this section shall not apply to the following types of exterior lighting: 1. Ornamental Lighting: Low voltage (12 volts or less), low wattage ornamental landscape lighting fixtures, ouutdoau cflnincj g Ihtlnc and solar operated light fixtures have self-contained rechargeable batteries, where any single fixture does not exceed one hundred (100) lumens. 2. Seasonal Lighting Displays: Lighting displays, which are installed for less than seventy five (75) days over any continuous twelve (12) month period. 3. Lighting For Safety Or Security: Upon finding by the police department that outdoor lighting in specific areas of the community, that otherwise meets the requirements of this section, is not adequate and additional lighting is necessary to improve safety or security for the property or its occupants. (Ord. 5380, 11-4-2003; amd. Ord. 5546, 2-7-2006; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013) IJonconforrr7inc: i.....i .Patin .: An li . h.tinc: that does not conform to tyle re ulations g...............g.......................90....................................................................................................................................................................................................................0 oukli„ned ab�rve sl�a�ll be rr7�ade ko,conforrr7 by rr7eans of alteraklon no �u:�eu �I�au:w�a. 14.315: CONVERSION OF SINGLE-FAMILY RESIDENTIAL ATTACHED GARAGES: tl The conversion of a single-family residential attached garage into living space shall be permitted subject to the following conditions and all other applicable regulations within this code: -4))® ...............A new garage space equal to or greater than the amount to be converted shall be provided. The new garage space shall provide sufficient space to park the same number of vehicles as exists in the garage space to be converted into living space. B. Jhe garage door that provides access to the area that is to be converted into living space shall be removed and replaced with exterior materials similar in style and color to the home's exterior. C. tThe existing driveway which serves the garage area to be converted into living space shall be removed and a driveway serving the new garage shall be provided in conformance with section 14.2215 of this chapter. (Ord. 5426, 4-20-2004) 14.316: UNENCLOSED PORCHES IN THE REQUIRED FRONT YARD SETBACK: II J Chapter 14, Article III General Provisions 43 Village Board Meeting - December 6, 2016 Page 292 of 578 Updated: Dto a Gni ...Il..4.9eptemlbea 2, 2016 A. Action By Director Of Community Development: The director of community development shall hear and decide as final administrative authority, petitions for unenclosed porches in the required front yard setback. Petitions which require review by the planning and zoning commission for additional relief shall be decided by the planning and zoning commission. B. Petitions: With respect to petitions for unenclosed porches in the required front yard setback, the director of community development shall make findings of fact based on the petition and public input according to the following standards: 1. Whether a site line obstruction will be created. 2. Whether materials used in construction of the porch will be consistent with the remainder of the structure. 3. Whether the design blends with the existing structure and neighboring homes. 4. Whether the proposed porch is in character with the neighborhood. C. Filing Of Applications: An application for an unenclosed front porch in the required front yard setback shall be filed with the director of community development on forms obtained from the community development department. Such form shall include all information necessary for processing the request, including, but not limited to, legal description of subject property, survey, site plan, description of building materials, appropriate proof of ownership or other authority to file the application. The application shall be filed with the appropriate fee as set forth in appendix A, division II of this code. D. Hearings: Administrative hearings shall be held only for unenclosed porches in the required front yard setback and must be in compliance with the provisions of this section. 1. Upon receipt of an application for unenclosed porches in the required front yard setback, the director of community development shall review the application for completeness and assign a case number to the request. 2. For all applications for an unenclosed porch in the required front yard setback, the department of community development shall notify all owners of record of property lying within one hundred feet (100'), of the subject property. The applicant shall attest in writing that the list of property owners is true and accurate. 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 request, the Chapter 14, Article III General Provisions 44 Village Board Meeting - December 6, 2016 Page 293 of 578 Updated: Dto a Gni ...Il..4.9eptemlbea 2, 2016 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 unenclosed porches in the required front yard setback, the director of community development shall also cause one or more signs to be posted on the subject property. 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. That an administrative hearing that affects the subject property will be held, with direction to interested members of the general public to call the community development department 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. E. Standards: No front porch in the required front yard shall be approved by the director of community development unless it is found: 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; 2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located; 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; 4. That the porch as designed is unenclosed and does not encroach more than five feet (5) into the required front yard; 5. That no site line obstruction will be created; 6. That building materials will be consistent with the remainder of the structure; 7. That the design blends with the existing structure and neighboring homes; and Chapter 14, Article III General Provisions 45 Village Board Meeting - December 6, 2016 Page 294 of 578 Updated: 0« to a e ...Il..4.9eptemlbea 2, 2016 8. That the proposed porch is in character with the neighborhood. F. Appeal Of Director Of Community Development Decision: Any individual may file an appeal of the decision of the director of community development regarding an administrative conditional use 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. G. Conditions And Guarantees: In all cases where an administrative conditional use is granted, and conditions regulating the use are established as described in subsection E of this section the director of community development shall require such evidence and guarantees as it may deem necessary as proof that the conditional use complies with all regulating conditions. H. Conditional Use Revocation: 1. In any case where the construction of an approved front porch encroaching into the required front yard setback is not substantially underway, or building commenced within one year from the date of approval, and completed within eighteen (18) months, then, without further action by the village board, the conditional use or authorization shall be null and void. 2. This conditional use may be revoked by the director of community development if the porch constructed on the site does not conform to the established conditions for approval. Any decisions by the director of community development may be appealed to the planning and zoning commission as prescribed in subsection 14.20263 of this chapter. (Ord. 5639, 7-17-2007; amd. Ord. 6144, 5-20- 2014) 14.317: ENVIRONMENTALLY SENSITIVE DEVELOPMENT TECHNIQUES:( Il IEl The village of Mount Prospect is committed to encouraging the use of environmentally sensitive development techniques in order to improve the quality of life and environmental health of the community as a whole. Green building design is a technique which incorporates design principles and strategies that limit the energy demands of buildings and also create healthier living environments within them. Green building techniques may include, but are not limited to, green roofs, reflective white roofs, permeable paving, stormwater harvesting, use of landscaping to reduce thermal demand, and use of reusable energy sources. This section provides direction on common green building design practices. While not a comprehensive list of all potential green initiatives, the village encourages property owners to follow green design principles. A. Wind Energy Conversion Systems: The village of Mount Prospect has found wind energy conversion systems (WECS) to be a viable and useful method of localized Chapter 14, Article III General Provisions 46 Village Board Meeting - December 6, 2016 Page 295 of 578 Updated: Dto a Gni ...Il..4.9eptemlbea 2, 2016 energy generation. Conditional use permits to authorize WECS are allowed in all zoning districts. Due to the specialization and technical nature of WECS, the following criteria have been established as minimum standards for the recommendation and approval of such permits. 1. No more than one WECS shall be permitted per zoning lot. More than one WECS may be permitted for commercial and industrial properties, subject to the approval of the village board. 2. Rooftop mounted WECS: a. Shall be set back at least twenty feet (20') from front or exterior building lines, and at least ten feet (10') from side building lines. Setbacks shall be measured to the widest point of blade rotation or to the side of the WECS, whichever is greater. b. Shall be limited to a height of no more than fifteen feet (15') above the roof peak or top of a parapet wall, whichever is greater. Total height shall be measured from the highest point of blade rotation or the highest point of the WECS, whichever is greater. c. Shall comply with all noise regulations of the village of Mount Prospect. d. Shall be safely and securely attached to the rooftop in compliance with the village of Mount Prospect building code. 3. Tower mounted WECS: a. Shall not be permitted in single-family residential districts. b. The WECS tower or any associated structure shall comply with the minimum setback requirements of the zoning district in which the WECS is located or be set back a distance equal to 111 times the total height of the structure from any property line, whichever distance is greater. Total structure height shall be measured from the highest point of blade rotation to the ground. c. A WECS tower shall be set back a minimum of twenty feet (20') from any principal structure on the property. d. The maximum permissible height of a WECS tower shall not exceed eighty feet (80'). e. Rotor blades or airfoils must maintain at least twelve feet (12') of clearance between their lowest point of rotation and the ground. Chapter 14, Article III General Provisions 47 Village Board Meeting - December 6, 2016 Page 296 of 578 Updated: Gni ...II.."`�.9ep�temlba.IT�a 2, 2016 ate � « ta�a a f. All climbing apparatus affixed to a WECS tower shall terminate twelve feet (12') short of ground level. g. All WECS facilities shall be enclosed within a building or surrounded by a six foot (6') high safety fence. h. All WECS towers shall be constructed with an approved concrete foundation. 4. All WECS structures, including roof mounted, towers, and accessory buildings, shall conform to the appropriate village related rules and regulations pertaining to their construction, design, operation and maintenance. 5. WECS shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot. 6. The applicant shall submit documentation that the proposed WECS will not create a nuisance to adjacent uses. In no event shall the noise level produced by a WECS continuously exceed sixty five (65) decibels as measured at the property line. 7. No WECS shall cause electromagnetic degradation in performance of other electromagnetic radiators, receptors, or generators of quality and proper design. The village reserves the right to revoke any conditional use permit for a WECS system whenever electromagnetic interference from the WECS is evident and cannot be corrected. 8. WECS shall not be artificially lighted, except to the extent required by the FAA or other applicable government authority. 9. All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components. B. Solar Energy Conversion Systems: The village of Mount Prospect has found solar energy conversion systems (SECS) to be a viable and useful method of localized energy generation. SECS shall be permitted in all zoning districts in accordance with the following minimum standards: 1. Rooftop mounted SECS: a. Shall not project higher than the maximum building height permitted for the zoning district. If mounted on an accessory structure, the SECS shall not project higher than the maximum height permitted for that structure. b. 11Lnou n.. �nu� j. Cnhall be mounted flush With the sloDe of the roof V��nint &P' S xllhaH not ext��u��....Il �nn� i!u liu� ry of i�u ���ni P „iii p��ni'u�.p... �aerr�at Chapter 14, Article III General Provisions 48 Comment [NB38]: Removed restriction on area due to research of neighboring communities_ Village Board Meeting - December 6, 2016 Page 297 of 578 Updated: tw « to a e i ...I..4.9epte m lber„ 2, 2016 1e a r:Rax :Rumurrrr...of #y..Ile9l:G aRC...(33°r`a)...9:f #18 rm99:f SU4aGe aea eim eige theuacand t, Q03)...squuaira fee:t, aautulGhevei is X866v rf rrrr9UR part eiiq aur aRg9d i!:9 :f aurd... r il,trr tr9r:rrr ad,O ,9ur1 emeadw y aRat/9Ili1"9p@4k)&..11N9 r:RaX :RUrrrr,:eWrerag.ra be m99uuui i pry rf rr eurugted 9iiq a r-ee..s9 #:u at se au ..a -pays aP9 G9rurlpl9t9ly...cu,r @@Red :tP914; V I ew viia a pacapet wall 9P uwo'i'lRu 9US GGP9rR c. Shall be safely and securely attached to the rooftop in compliance with the village of Mount Prospect building code. 2. Ground mounted SECS: a. Shall not be permitted in residential zoning districts. b. Shall satisfy the applicable setback requirements for an accessory structure on the zoning lot. c. Shall be limited to a maximum of one hundred (100) square feet in size. d. All ground based utilities associated with the SECS shall be appropriately screened in accordance with the requirements of section 14.304 of this article. e. A maximum of two (2) ground mounted SECS shall be permitted per acre per property. 3 GT Iur3.pa atu :i':ions of tllue...so aiu e iD2 u:t.�uur� u�. sy° e s slln 11 Il, -)e ess:,g 2d tg my �uurY ung... u y2d 31u u„ra or re ll.e talon onto 'la eurP...112i-02�i len aura... y° r V I uu�riiri u��uu.,.. .� .xis ii��u nuulm:u a nlluu 11 have non e l�au;YPve iliNsh and nlhaH Ilr� cdor coordinated ted to .......................................................................................................................................................................................................................................................................................................................................... u lmin�uuri,wr rii�u roof in praimi In and �� flier at��ulmn nart u;��ul'ors of die structure .................................................................................................................................................................................................................................................................................................................................. All SECS structures, including roof mounted, towers, and accessory buildings, shall conform to the appropriate village related rules and regulations pertaining to their construction, design, operation and maintenance. (Ord. 5751, 8-4-2009) 1lRaM:fila #erii&] ear ]I errr,4�&Airid W@alal& 1 C.: eirIIQ)Ir l Ilm irQuuruuauQuiryua Ilt uah4lHll Ike uurylla wfi, ll tQu u,Quristruuu,t, eine ,t Quer ira;pllgge auryy tt;ryge nuutltyQuuut tuirurt Qulkuta :r1j:ri au �,na;irirruut tirQuiruu tltya; u,Quiruuiruuuuiryuty uta ura;IlQulruiru;ua;iryt uta;�uauirtiruua;iryt 1 Itya; peirirruut irnauy Ikea; girarited Quirylly ut the prQup(u used ferice us in u,Qunulrulluaurice Wtlhi the I�uirQnuruu�uQuiry�ua Qat tlty�uua u,Quuta; IIm Quer tlty�a; yuuuir��uQuuaa;;a Qat tlty�iiu� u�a;u,tuQuiry�, tira;u;uatauiry�utuiryi� nuaullll.r ualty�aullll Ikea. a,Q:nriskieired ferices. �a II.Na;u�lty�t y�iry�ut II Qna,�utuQniry� Chapter 14, Article III General Provisions 49 Comment [N1339]: New section, double underlined text is unchanged from current code_ Village Board Meeting - December 6, 2016 Page 298 of 578 Updated: ry « to a e i ...I..4.9epte m lber„ 2, 2016 Comment [N1341]: The exhibit in 142501 is incorrect and Section 14.304D1 b does not currently exist. U) II~ ear And Iliritei cQ it E3ki ; ristallHed in the hear and uriteidn�nr n lde yards, IpirnnwuninTd array ferice us IlcncatedIknehidrnd the firnn�irnt Ilurie r��flIhe �nrnrna,u mull Iknuuulln uirn nrtiruuctuuiro II � a feirice us ricA IIQnu;r ted rullcnirn ru nirQn nn;ir y Iluirnn;, thein suuffk,lieirnt rua,n,ess innuunrt Ik e Ipircwu ied tcn the acre a Ibetweei n ferice ai nd pirQpeirty Ilurie �Qn ruIIIIQn�r �QDIr �nirQn��nn;ir irnnruuirn�n;irnruirna,n; �: > ruirnnirnnuirn� IIm QnQnll II n;irna,n;n n;irna,n;nr ruiryn 4.u�n;nr at Ikeast �QDUuIr n;n;� " : Iknuu� irnQn� � irn;ru�t,;ir tIhai n fuwn; feet °" urn Ib6go� nj ccgnnplbldy 5uu[[cwrid nrW niirjr]g pQ nll,r QAlher tharn. nrWi nnirnnuirnum nrruused neck at Ikeast kmirirnnruy Ilene I�,nlla-ua,n;n� rear �QnIIIIQn�r,r ��� ��IIQ,nirn �I�nn,,�nn;rnrnnn;�n;r Qn� �I�y�n; ��nQnQnll.nwrulllk ruirr��un� Qnir R�L Ak?irig tbg2 pn;rnirnieteir Qj the IIIA as (jesa,rnik ed in suulknnrn;cbco rn 651E)2e Qj tlhnua .. sn;a,bcQ irn. Chapter 14, Article III General Provisions 50 Village Board Meeting - December 6, 2016 Page 299 of 578 Updated: ry « to a e i ...I..4.9epte m lber„ 2, 2016 (L yylQne;irn alta ce d Wlthlrn QIQne; j� R[cQ ae;irt aarn area Qe;rice; irnen Ilenrige;r thaarn e;ooIhtee;irn feet (18V) in Ik;rnoQlhn jpircwkied that uQ us ene,aaQeae Withdrn tIQne; ira;aair yaaire�:. �(a�L Whim p@l ,e d aallenrig QIQne; irear enr e xte;irnenr sloe; IIIA Iluirne; WIQne;rn nauue,IQn irear enir. e xte;irnenir sloe; IIIA Iluirne; abuts aarn aarte;r4l rcod as eJe;Qiirne d Ikny QIQne; e,enirnipire;IQne;irnnauye;'. I�alla-airs enQ QIQne; urulllla-ale; aairne� �airenurlie�e;e� QIQnaaQ as enirne QenenQ �� � nae;Qlknaae,lk una irnnaauirnQaauirne;e� Qirenirnn the irear enir e xte;irnenir sloe; IIIA Iluirne; aalbuuQrurng the; aarte;rnaall rcod rnohit enQ way,, Qlrenlrnn Ikra �k �� ii uu llr =a==a � _ �n Qn� �I�yu; �u;rya,u; II Qna baa . urya,lluuu iiiry� a au net, uuaau spe ce flc alllly QeDlr suuppca rfirig as Qe;rice; rnnay exceed d QIQne; aarapllk aalknik;IQne;u' ht Iluirniut Ikny a?! nnaa>cuirnnuuirnn enQ e;u IQnQ uirne,IQne;n "" „ 1 Ione; ir� e uuuira;e n e; aaairaaQuenirn Re Dir dr6rnaa e; jaMgse;na nalh4lll ricA Ilene; e,enu.urite d kmaard the Qe;rice; IQne;oght Ilurniutaadce rune 1 4�QulluQy„II.. anae;irnne;irnQn IIQne; e,enirnn Qiruue,Quenirn enQ Qe;rice;na in uuQulluQy e;ranae;irnne;irnQna us nauulknpe;e,Q Qe„D the; e,e:nrneTdco irn enQ QIQne; e;aanae;rnne;rt ra ;QaQ ai a aairny r ar uurr e rearnQ ya ire �uuralkn amalrbe ir4ra enr Qir aal14;4aar H~rnaay rui(A gx'G4 a d ar k aaa IknQ ea auaylknQ as aQ �” Bair as WaidQlkn eaf yearn 4,44 044) amaroid bga riles rrnenr4a Qlknamari QWaaru y �uarra �aaarrne�irnQ ��u�a��`e� en�aarr�uuaa 1 I. , IIRe;e,ra aabcnr4ll 11 b(Jol Ql r"rlpgo rnne;nalQn e,lh61rnllurnik Qe;rice;na up !q QWe;iry!y [get (�QQ") in Qye;uIQnQ irtnaay Ilene; �ae;irirrnuQre;e ; uuirirenuuirneuirn� ira;e,ire;aaQuenirnaall Qaae,ulluQue;na nauue,IQn aan Qe;irnirnuna e,enuuirQnr,: Chapter 14, Article III General Provisions 51 Comment [N1342]: The exhibit in 142501 is incorrect and Section 14.304D1 b does not currently exist. Comment [N1343]: We measure fence height from finished grade_ Comment [NB44]: Relocate to accessory structurelpermitted obstruction sections_ Arbors are different than trellises and they are not fences_ Village Board Meeting - December 6, 2016 Page 300 of 578 Updated: 2010 is subirn�tted :e :1 Q:122= Chapter 14, Article III General Provisions 52 Village Board Meeting - December 6, 2016 Page 301 of 578 Updated: G� ...II.."`�.9ep�temlba.IT�a 2, 2016 ate � « ta�a a Y, d���,...II !A:1 I'2 � G imnn eoi 2tlln��l...asso ated reggj2ji ns, inudinn those iPllfl sd,-)se t„lon s 14„ 319 I::3 and C...d4n Open stoops and canopies no larger than 8'x 5', excluding steps Eves, gutters, chimneys, bay windows encroaching not more than 24", no closer than 12" to a lot line Patios, Balconies, and Decks with a minimum setback of 15' from the rear lot line* and oGts.ld.e...:p.U..n.e....1.me.11.g.1.1..e.1j.....:,de n.,Ed Boat slips, when adjacent to a navigable waterway Handicap ramps in side yards, encroaching no more than 50% of 15" from the rear lot l line and e et iioln...iln 1 �i'�IoP Ii'D„ .. 2.n.n.1n.gLdp.e.d....e.g.L.!.1p.1` e.in.p....L.11.h. as Il.-)as[ked,-e standards Service walks, sidewalks, steps, and handicap ramps up to 8' in width; when n II wGGudliund dlreGt and . Flu ndu uWii� eW" lGe waflks, sndewal k , . steps, ,.awed handlGallpaaw ll,)aullpto 5' uuw... wdtlw Service walks, sidewalks, steps, and handica ram s u to 3' in width Driveways,... n„nll)l:2 t 12...11.l.1....L:1.d.dl.dp:!.1n.l.n noted I'nAi-tilde XII I ......................................................................................... Stationary basketball standards, when ad—La —(11 � —N 1 Y auw i Yl'G dimer Ga Landscape terraces and retaining walls, subject to approval by the engineering division and issuance of a building permit JldaxlimUIII of l OU'(4) Rain barrels irDer P 1 P 1 P 1 P I P 1 P Chapter 14, Article III General Provisions 53 Comment [N1346]: "Direct” is vague and difficult to enforce_ Comment [NB47]: Any sidewalk in a required front or exterior side yard can be up to 8' in width_ Lot Coverage maximums control front yard coverage_ Village Board Meeting - December 6, 2016 Page 302 of 578 P P P l) P P P P P P P PP P I:).. p p Chapter 14, Article III General Provisions 53 Comment [N1346]: "Direct” is vague and difficult to enforce_ Comment [NB47]: Any sidewalk in a required front or exterior side yard can be up to 8' in width_ Lot Coverage maximums control front yard coverage_ Village Board Meeting - December 6, 2016 Page 302 of 578 Updated: Djobei"149eptember 2, 2016 .bt up to!100�� gallons in size 22�2!1 §gNeg! lo fllg [29!AlE2M2 4:41 GGIP88114iRg v� la a k4Rd6G,4ll)9d hedge 91plaRt!Rgai ea, S4�l@Gt t9th@ P9901:@1cH@1l4tS Off street lIaijl ing ads ..subiect to the regulations noted in Article XAll )ecorative outdoor structures:1 max�lmum footpjnt of four (4) �gg2Ef2 fbgt:l "Daxlmum of two (2) structures p 2 I2p,,Ltl,.n a maxlmum ll 16911t 2f 2�lgbi [22t 1) ll) ll) ll) ll) a�nets, sWl-)lf2gj tg Outdoor storag2 g 2 E2UIlses, not to exceed elgj]t ��21 &1) i inh6gIlnt and a totalMdth of ten feet i -uctures 191 L. nuiln of two (2) �ti R!C,� t. ll) ll) !�j2g'S, Dot to exceed a Width of Nve !�22t a d2hree feet (3'):, 2!ld a t f !22�i A� 9 2IIA1t fb2l (g'):, Wth a imI;INI�num set�,-)ack of three feet Q') from sI:,de 1ot lines Central air conditioning units, generators, and similar mechanical equipment, sUl-)lett to the reaOrements Iln C of tNls sUl-)secdon P 1 � xc2Qjbns I l ot Coveragg and II jg2E Area lRatlo Permitted obstructions shall comply with requirements for impervious surface and floor area ratio as defined in this chapter s:, rain ll p excepjon of outdoor storage gal21nets, decorat1ye outdoor structw e , ii i �Egj� 2L, aE�ors and treHlses. 2 a ��ll lalAlng Permi s. A building permit is not required for the following permitted obstructions: outdoor st�orae cabinets:, -)as[keH,-)aH stai dards:1 decoratllve outdoor structures ralln L)ai-r6s ai1l-)ors and trellises. as defined in this chapter. " IIleImmltted on,-)structllons as Ilnted In secdon 14 1319 nllnall not conte-iI,-)Ute to the total numl,-)ei- of a2�= ntId2ta!L2n pf2I u�ltted IIx 121 an E2gfated In secdon 14 306 of j�s chapj2�:: C AM, anal IIl'Reg0li-ements o IIlerrriiltted Ul-)strucdons Chapter 14, Article III General Provisions 54 Comment [NB48]: This is to comply with our free rail barrel program Comment[NB49]: Struck different regulations] for exterior side yards — they are required to be screened as noted in C-1- below Village Board Meeting - December 6, 2016 Page 303 of 578 Updated: G� ...I.."�.`"°eptemlberr 2, 2016 ate ry « ta�a a ...4....... . l�I---- �r°_ I�lr� IIq�I �I �I��d SII mI I") screened �°ardnlc;,, ap2d Comm ent [NB50]: This is covered in the table 11f2dg2,Jarybairlrs�t�llIbe e(�U d I����aIrttryrlrt�tr� r�tat rlestlruo airld above �DlrQnnlluu, c�lrll QD\1Q;Ir�IIQD ;w1;wtQ;'Ir%� tQD tlllrt;¢;t Q;7CQMQ;aw;w Irc�lllrllc�tQ;lr c�c� �IfQDIr%� tltllt,' frDr1r%nc�l[ knuulllkTrlo artlruuctuulrt; x Outdoor...x.p tx.I:...2...g..IIa.Ln e is n xl l nu.ul nl...o onr�ry...( gnu nP :.�n�nl nt2 x t:II Iru P I'x px l nlp„t x px is Int.. S ��"rll�.e �ut�Woo Mtora f” c"�IIt„III�I�"tn nlnr" H Inot"�xt �"`e oneInl ull�dred(1 )� t�g� 2l t feet Comment [NB51]: Verify size restrictions i nI tl�i...«"�Ind shah not exceed Intl I 'p.t C11ntl tl D (K) f22 t.. c II int bion Outdoor xtoragg..t, II2IInettx sIl4I'p of Il, -)e �ocated...in a reglred ii',olnt or xteiJ �olr slide x lmlds On gats xftx five !del (55') in Wdth or � xn, Outdoor ntolrag n llxlinets nII'r fl be net IIoack three feed 3 frons ainv interior node or rear drat Miro On �ojs g[gat lr in re lldth than fifty five feel (55'), gg1darms, sjoEggg nxullxllnets nlhafl be net oack five," (feet N frGInii aninterior SING or II"C;ar bt dine Comment [NB52]: Same distance from lot line as other accessory structures 98 Gh,4u nt@ 21 ori ttulx t,„9& CJt tttln t;n�t d„"''' x. .9 t Ru llx. i „ 9f:d1lx t,9&t Chapter 14, Article III General Provisions 55 Comment [NB53]: The sections are referenced in the regulation so a footnote is no longer needed_ Village Board Meeting - December 6, 2016 Page 304 of 578 .Q..g. gt :............ veru..IIS.:.!L:....1.....a.....0..1... Article VI ZONING DISTRICTS' � 121 14.601: DISTRICTS: 4 .602: ZONING MAP: 14.604: l; USE TABLES: 14.601: DISTRICTS:'Z 111 For purposes of this chapter, the village is hereby divided into the following zoning districts: A. Residential districts: C-R Conservation recreation R -X Single-family residence R-1 Single-family residence R -A Single-family residence R-2 Attached single-family residence R-3 Low-density residence R-4 Multi -family residence B. Office and business and industrial districts: B-1 Business office B-2 Neighborhood shopping B-3 Community shopping B-4 Corridor commercial B-5 Central commercial B -5C Core central commercial O/R Office research 1-1 Limited industrial 1-3 Solid waste handling (Ord. 4590, 9-21-1993; amd. Ord. 5589, 9-19-2006; Ord. 5751, 8-4-2009; Ord. 6029, 9-18-2012) 14.602: ZONING MAP:'' ..-U Ej A. The location and boundaries of districts established by this chapter, are shown on the zoning map of the village, incorporated herein as part of this chapter and as amended from time to time by the corporate authorities of the village. Village Board Meeting - December 6, 2016 Page 305 of 578 .Q..g. gt :............ vein.IIS.:.!L:....1.....a.....0..1... B. The following rules shall apply with respect to the boundaries of the various districts as shown on the zoning map: 1. District boundaries shall either be the centerlines of highways, streets, alleys or easements. District boundaries shall also be the section, division of section, tract or lot lines of a parcel. Boundaries indicated as approximate shall be considered to meet the above provisions. 2. The zoning ordinance and map shall be available at the village hall. (Ord. 4590, 9-21-1993; amd. per correspondence dated 6-16-1994) 14.603: ZONING OF ANNEXED LAND 'Z 111 On land annexed to the village, after adoption of this chapter, no building or structure shall be erected, enlarged or moved, and no change in the use of land or existing buildings shall be made until an ordinance designating the zoning classification of such land is adopted by the village board. Unless subject to the terms of a preannexation agreement, all properties annexed to the village shall automatically be classified an R -X single-family residence district, until such time an application is filed to amend the zoning classification of such land. (Ord. 4590, 9-21-1993) 14.604: LAND USE TABLES:�"''' The following tables provide direction on land uses which may hereafter be established in the associated zoning districts as either permitted or conditional uses. Land use table 1 of this section regulates land uses located within the C-R, R -X, R-1, R -A, R-2, R-3, and R-4 zoning districts and land use table 2 of this section regulates land uses which are located within the B-1, B-2, B-3, B-4, B-5, B -5C, O/R, 1-1, and 1-3 zoning districts. For the following two (2) tables, permitted uses shall be identified by a "P" and conditional uses shall be identified by a "C". If a space is left blank the use is not permitted in the respective zoning district. LAND USE TABLE 1 RESIDENTIAL AND RECREATIONAL ZONING DISTRICTS 111,11111 111,11, "I'll, 111,11111 C- R- R- R- R- R- R 11 - houses of worship Village Board Meeting - December 6, 2016 Page 306 of 578 .Q..V...:t:..............!I..IIS.:.!L:....1.....a.....0..1... Circular/dual frontage driveways C C C C Colleges and universities C C C C Community centers C Conservatories C Convalescent homes/nursing homes C Cultural institutions C C C C Daycare center C C C C C Daycare home P P P P P P Detention or retention facilities C Dormitory accommodations C C C C C Elementary schools P1 P1 P1 P1 P1 Family community residence (located at least P P P P P P 1,000 feet from another family community residence) Family community residence (located within 1,000 C C C C C C feet of another family community residence) Foster care homes P P P P P P Garages for arkin of commercial vehicles g parking ... C C Golf courses P Group community residence C C C CC C High schools P1 P1 P1 P1P1 Home occupations P ..... P .... P P P ........ P Libraries C C C C C Lighted ball fields C More than 1 garage C C C C -family dwellings P .......Multi P Municipal buildings P1 P1 P1 P1 P1 Village Board Meeting - December 6, 2016 Page 307 of 578 .Q..g. gt :............ vein.IIS.:.!L:....1.....a.....0..1... Museums C C C C C C Nature preservation areas P Parks and playgrounds P Planned unit developments C Personal Wireless Service Facilities, Structure P P P P P P P Mounted Private or parochial schools 1 1 P1 P1 P1 Public recreational facilities P Recreational complexes C Rehabilitation homes C C C C C C Residential planned unit developments C C C C C Senior housing when approved as part of a PUD C C Single-family detached dwellings P P P P P Studios C Tennis courts, swimming pools, volleyball courts, P and similar recreational facilities Two-family dwellings P P Unenclosed front porches attached to a single- C C C CC �.... C family residence Unlighted ball fields l P Notes: 1.Permitted in limited circumstances. A conditional use shall be required if the following circumstances apply: a.A residential dwelling unit is being converted to the proposed use so as to be the principal use of the structure; or b.A new building or structure is to be constructed on property less than 40,000 square feet not currently in use for the proposed use. LAND USE TABLE 2 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Village Board Meeting - December 6, 2016 Page 308 of 578 .Q..V...:t:..............!I..IIS.:.!L:....1.....a.....0..1... Village Board Meeting - December 6, 2016 Page 309 of 578 B- B- B- B- B- B- I- 11- Land Use 1 2 3 4 5 5C O/R 1 3 Accessory structures P.... P P P P P P P.. P Accessory uses (10 percent retail of P permitted uses) Amusement establishment C C Amusement establishment 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, sculptor, and composer studios P P P P Art shops or galleries (not auction P P P P rooms) Automobile accessory stores P P P P Automobile fueling stations C P C C C Automobile garages P C C C Automobile leasing/rental agencies P P P Automobile maintenance and service C P C C C center Automobile sales, new or used (with 2 C acres or less) Automobile sales, new or used (with C P C C over 2 acres) Bakeries P P P P P P Banks and financial institutions C P P P P P Village Board Meeting - December 6, 2016 Page 309 of 578 .Q..g. gt :............ veinIIS.:.!L:....1.....a.....0..1... 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 P P P P developing 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 retail stores P P P P P 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 P P P P accessories Concrete fabrication C Village Board Meeting - December 6, 2016 Page 310 of 578 .Q..g. gt :............ veinIIS.:.!L:....1.....a.....0..1... Contractors', architects' and engineers' P P P P P P offices Contractors', architects' and engineers' C. storage yards 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 Daycare 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, located above the first C P P floor Dwelling units on ground floor C C Exterminating services P Floor covering store P P P P Florist P P P P P Food store, grocery store, meat market P P P P P and delicatessen Funeral homes C C C Furniture store P P P P Furrier shops L L P L P Village Board Meeting - December 6, 2016 Page 311 of 578 .Q..V...:t:..............!I..IIS.:.!L:....1.....a.....0..1... Gift shop P P P P P Hardware store P P P P P Health services, clubs, recreation P P P P centers, or gymnasiums Hearing aid stores P P P P Heliports C C Home improvement center (no outdoor P P P P storage) Home improvement center with outdoor C C storage 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 only P P P P P Lawn and garden equipment and supply P P P P Leather goods and luggage stores P P P P Libraries P P P P P Light assembly and repair P P Liquor stores, packaged goods P P P P Locksmith shop P P P P Machinery sales C Mail order, catalog stores P P P P Mail order houses P Village Board Meeting - December 6, 2016 Page 312 of 578 .Q..g. gt :............ veinIIS.:.!L:....1.....a.....0..1... Manufacturing heavyC Manufacturing, light P Martial arts school P P P P Massage establishments C C C C Medical or dental offices .... P P P P P P.. Miniwarehouse P P Motorcycle, snowmobile, or personal C watercraft sales 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 P P P P P P Optical, orthopedic and medical P P P P appliance sales Outside display and sales C C Outside service areas C C Paint and wallpaper stores P P P P Parking lots, other than accessory C C P C C P parking Party supply stores P P P P Personal Wireless Service Facilities P P P P P P P P P Pet shops and grooming establishments P P P P Petroleum tank farm and related C accessory uses Photo developing and image transfer L L P L P Village Board Meeting - December 6, 2016 Page 313 of 578 .Q..g. gt :............ veinIIS.:.!L:....1.....a.....0..1... Photography studios P P P 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 P yards and related facilities Radio and television stations, studios C P C C P and towers Recycling collection centers C P Religious institutions C Repair, rental and servicing of any article P P P P of which is permitted use in the district Research laboratories and testing P P facilities Restaurants P P P P P C C Restaurants, including entertainment P P P P C and dancing Secondhand stores and rummage shops P P P P Shoe stores P P P P Sporting goods stores P P P P Sports training and teaching C C C establishments Stadiums, auditoriums and arenas C C Tailor shops iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillilliillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillI P P P P P Village Board Meeting - December 6, 2016 Page 314 of 578 .Q..V...:t:.............7.!I..IIS.:.!L:....1.....a.....0..1... Tanning salon P P P P P Taverns and cocktail lounges P P P P Taxi dispatch centers C C P Theaters P P P P ...Theaters, drive-in ..._C Ticket agencies P P P P Tobacco shops P P P P Towing agencies P ...Toy shops......... P ....P P P Trade or vocational schools (excluding P C cosmetology) Trailer and camper sales and rental C Transfer stations for refuse disposal C Travel agencies P P P P P Truck sales, rental and repair C Tutoring center P P P P Warehouse, distribution and storage P P facilities Watchman's quarters P P P P P Wholesale establishment P P (Ord. 5751, 8-4-2009; amd. Ord. 6029, 9-18-2012; Ord. 6112, 12-17-2013; Ord. 6147, 7-15-2014) 0 Village Board Meeting - December 6, 2016 Page 315 of 578 Updated: November 17, 2016 14.805: BULK REGULATIONS: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R -X district: 1. Residential Buildings: The maximum height of a residential building shall not exceed ....five feet (L09,5'). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed 2u,ty l#'ty Tuve feet (L035') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. 14.905 BULK REGULATIONS: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-1 district: 1. Residential Buildings: The maximum height of a residential building shall not exceed„IliipIT„ IL f v v' feet ( a '). :....... �. 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed 2u,ty l#'ty Tuve feet (L035') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. Village Board Meeting - December 6, 2016 Page 316 of 578 Updated: November 17, 2016 14.1005: BULK REGULATIONS: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R -A district: 1. Residential Buildings: The maximum height of a residential building shall not exceed„IliipIT„ f vetwv'v feet ( a '). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed 2u,ty l#'ty Tuve feet (L035') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. 14.1105: BULK REGULATIONS: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-2 district: 1. Residential Buildings: The maximum height of a residential building shall not exceed„IliipIT„ v vfeet ( '). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed 2u,ty l#'ty Tuve feet (L035') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. Village Board Meeting - December 6, 2016 Page 317 of 578 Article XXII — Off Street Parking and Loading - Updated @/@,� It1...0.L.Lo.Ib.GIT:If...'14,...20,1L.6 Article XXII OFF STREET PARKING AND LOADINGZI LJ 14.2201: SCOPE OF REGULATIONS: 14.2202. OIL ill11l, 16tAlll 161OA11'SII'O116S 1� I IANQ1 OF U&!;; .......................................................................................................................................................................................® 16 2256 IIL..AIIIG°11111111NG 114�!!!AIIIZKl1NG ANN III OAIIilI1NG III'''''AOIIII.I°'I°°IIII S.w. t4 22C6 PIII IIIZMISSIAIII u'AIII'''Zl I N G AI6111I LOX';;; 44C, I ACII::IIII II S..w. t4 22C6: III..IAMAGIII.... IIIt IIIII..S°IIIItIIC°I°°IOI6: t4 22C6: OI III'' SI I III tlll MOTE PARKING FAG IIIIII ITIIII S.w. ::1472207!w PAI'' III ING Altlll A I'IIII SIGI6w 1"2 III SI/E_w_Aw 1 -CSSIBLE PARKING REQUIREMENTS: 2212 LAM'') II tAI"t„41NG„ 14;;2213!1 U OI..:IIL I AIII IAI CII"tOAI IIO°I7A'I 14;;2214!1 U O 1N S I R U°C I II 01N ..,°A Int D .................................................................................................................................................................................................. Comment [NBI]: Although the Section is deleted, the content is kept and moved under "General Provisions This is consistent with modern zoning ordinances throughout the area_ Comment [NB2]: Combined to one section 142203 Comment [NB3]: Moved to general provisions Comment [NB4]: Driveways are for single- family residential properties only - Comment [NBS]: All regulations related to parking lot design are in this section_ Such as Sections 2217, 2218, 2220 2221 and 2223 14,;;;2219!11 CAI f116II tO III O III I IOI I III II tO Comment [NB6]: Moved to Article III 1 2226 U UII,'' 9S AND OU I°°'I II I1C'I 11"121!11! IIItI°IIIIIO'. 6222 6 I III I61„O :li ( Comment [NB7]: In General Provisions IAAIII IIL........ 44;;2223!1SQZ&II NII"^1°G AND ..I AII"^ DSCAl l:NG'I 140226"'1'U' : OFF STREET PARKING REQUIREMENTS: 14.220724.1: CENTRAL AA PARKING REGULATIONS: 14.220825: OFF STREET LOADING: 14.2201: SCOPE OF REGULATIONS:Iil El A. The off street parking and loading provisions of this article shall apply as follows: For all buildings and structures erected and all uses of land, accessory parking and loading facilities shall be provided as required below. However, where a building permit has been issued prior to the effective date hereof, and provided that construction is begun within six (6) months of such effective date and diligently executed to completion (completion to be accomplished within 18 months of the effective date hereof), parking and loading facilities in the amounts required for the issuance of said building permit may be provided in lieu of any different amounts required by this chapter. When the intensity of use of any building, structure or premises is increased through Village Board Meeting - December 6, 2016 Page 318 of 578 Article XXII — Off Street Parking and Loading - Updated @/@,'I11...0.L.Lo.Ib.GIT:If...'14,...20,1L.6 additional dwelling units, gross floor area, seating capacity, or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. (Ord. 4590, 9-21-1993) 14.2202: GHANG OC4JAIlAI lul l':1AIl I�I:R AI&ONS: .................................................................................................................. A11]g,I!"g2....2..%Use Whenever the existing use of a building or structure which has been provided with the required number of off street parking and loading spaces of this chapter shall be changed to a new use, parking or loading facilities shall be required for the new use. If the building or structure was erected prior to the effective date of these parking standards, additional parking or loading facilities are required. Such additional parking shall be calculated using the regulations of this chapter to determine the amount of parking the new use would exceed the parking requirements of the previous use. (Ord. 4590, 9-21-1993) n 14:::2204 II XII° 11114A IIAl11I414114A ANDOAII':1I114A u„iu 1 6iPis...Off street parking or loading facilities which were in existence on the effective date hereof or were provided voluntarily after such effective date shall not hereafter be reduced below the requirements of this chapter for a similar new building or use. (Ord. 4590, 9-21-1993) 14.44.2.1 2u I RWSS&VE 4AIII I I"1G A'4Q II... AI )N4G.. i AAi 11 d I l i U rw I ILJ. ull�i:ng 2nd II .22611 1 6tes Nothing in this chapter shall be deemed to prevent the voluntary establishment of off street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, improvement and operation of such facilities are adhered to. (Ord. 4590, 9-21-1993) 14:::2205 DAMAGE OR II )E ETRU4:TI011"^1 Z Imo. u CU......... ����„4....2.p::....L...)„2„2..fi u,ct„ o„1! For any conforming or legally nonconforming building or use ........I which is in existence on the effective date hereof which subsequently thereto is damaged or partially destroyed to the extent of less than fifty percent (50%) of its replacement value by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired, off street parking or loading facilities need not be provided, except that parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in the event the principal building or structure is damaged or destroyed by any means of fifty percent (50%) or more of its replacement value, it shall be necessary to provide parking or loading facilities as required by this chapter for equivalent new uses or construction; provided, however, that if the principal building or structure contains more than one use, parking and loading facilities, as required by this chapter, need be provided only for those uses which have been damaged or destroyed to the extent of fifty percent (50%) or more of their replacement value. (Ord. 4590, 9-21-1993) 14:::4204 04111'' 411 '1 40 Illi II2AII111411110A FAG I[II II °I 11R4 Village Board Meeting - December 6, 2016 Page 319 of 578 Article XXII — Off Street Parking and Loading - Updated @/@,'IL1...`.L.L.o.Ib.GIT:Ir...'14,...20,1L.6 Off Site Leurnaie aaijkk ng 1 L.L..OLI.!..p.1.0„ In cases where parking facilities are permitted on Land other than the zoning lot in which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which parking facilities are accessory. Such possession may either be by deed or long term lease, the term of such lease is subject to the approval of the planning and zoning commission and filed with the director of community development. The deed for the off site parking shall require such owner or heirs to maintain the required number of parking spaces for the duration of the use served or the term of the lease, whichever shall terminate sooner. The village board shall have final authority for these lease or deed approvals. Also, leases for off site parking should be limited to no more than one thousand feet (1,000') of the use served in the central business district, and no more than five hundred feet (500') from the use served outside the central business district. (Ord. 4590, 9-21-1993; amd. Ord. 5219, 11-6-2001) 44;2207II24I4KI II O AML A Ih'1L IIO110 i LEI Iasi SLI 1 Su 119 2[22 desigL ], It shall be the responsibility of the community development director to review plans for all p4fl4an1L eLu ee_L LeuIl. 1�eNNNLNee �o — comment [He8]: Use the more ensure compliance with the parking section of these regulations and his approval must a°°ompassingterm be obtained before building permit issuance. The arrangement, character, extent, width, grade and location of all parking areas shall be considered in relation to existing and planned streets, to reasonable circulation to traffic within and adjacent to parking areas, to separation of parking, loading, and drive -up stacking, to topographical conditions, to runoff of stormwater, public convenience and safety, and in their appropriate relations to the proposed uses of the area to be served. All traffic intersections and confluences must encourage safe and efficient traffic flow. Any such submission must comply with the requirements of this chapter and the site construction specifications contained in chapter 16 of this code. I4!aFk4in0 4tLrf a tPuttt p :)il II�J ng rLlcHtes and u::iooesses ch v0. Laieles shall be designed so as to discourage use of same as shortcuts and/or bypasses when located between major arterial roadways. Wherever feasible, shared interconnects and shared d114vewn :i y: drive with adjoining properties shall be comment [NB9]: Drive aisle is the proper provided. (Ord. 5751, 8-4-2009) term 11 ��;22111 REPAIR AND St:RVJ NL: i Com. ..... LepgL ii and SeiMce No uumuratoll VEwlr7uadEl irawlC aauir eraauk Of as G011umuiru1Ea 1ra,4a inaaluauEw ;all]141l Ir EE C �irirriuullawul uin a;a in uainclJoin wHIl7 aall Iirawawl ll aairlic'iiina Iaaa;ulluluaw 1 ula uuLawuL :)( iraL �:aQLQL, cL 01 1 QLQL;I) 14;2222!! 1 AI1N0Tt:NAN Gt.. T] lJ. Mg�ilt naun N.Lpg a;gjalploJoin:l a U1lfanaaRasinFO airarvamaq,arrsPueeP naaiikkin raaeiliPie sl741 Ir EE 1C�niraaL�na�wirlly uuuaauin�Ia:auin�a�wuL aaI aallll Iuirumua�w;a, erulll7�aaual L�uaa�;ll7�aalla�w;a� I�airaalica�win� a;uairlrauinial aair aalll7�a".ir uirira�walu�Ilaairulua�w;r )( ird d 5l)QL cL 21::l:::99:3): 14;2212!!! KLAN D f AN 111 1N00 l �-1. I. Village Board Meeting - December 6, 2016 Page 320 of 578 Article XXII — Off Street Parking and Loading - Updated @/@, "I ...0.L.Lo.Ib.GIT:If...a.4......20,1L.6 1I4."t. CtI Ik:I,m.II C t"tVN� NP!R V451QlW 1 . ........ m 1 p f O Comment [NB10]: Should we add an element I y a�1u�� I"�IYnn�u�unnll�� (�1I ^� IIYa amIaIYICIIl11Q �'fiat� II II�IIG �tlY GatlYat�G 4 G tI11 �I11G tlYm mmmmmmm _(toaccountfordifferinghoursofoperation? ruua a kala If ua uul .u1 a,a Illla.a,Iu ally 'ii1 IliYla. WIa� Inlu n-ll:b:EE :1[-:::01 a �,a.Jf lY uu Q: c6I::E: ,IllVEjY !iS not IE.SS IIYlalnl IliYlESU1111 01 Il111E� SE[ 811-8tEI[-Ew a 11-&111&nits lbll EE3(,Jli SUGhll USES and ]pirovu&l d that a1 awa a Ila Iua lnl a a awlYlnlulnla Ila a;a Iua lnl a 1 a a;a;�w a lY aC a lYliculnla a a;aw ulnl uawla fioinl Ian IIYIQ USQ SQ11-VQd @11-Q aulh unwul Ian c ua1 aQIQI Q1 1 1QIQ''I;I 1I4 14 GQgSTFWGPtt N4 AMD QESiI IlN! Z V-1 < A011Y ill U cf OlII.. SPtgI iI A 011 i PII i Comment [NB11]: Layout is regulated in this ��au II�Iun� iaaIIIPl2� ;�IiYla�llll a;a�lnlla�lYlY� � IiYl�w � a�InI;�IIYu�I Iua�lnl re���-��� a��� a�1 I1YIaI, ���uR�sunFa ala�la 1.. 1 rima Ian 8 SultEw coinsIuu ct,I �lnl sIj c a tIuoins coinllalInEd ulnl a;hYla 21r�wIr. chapter, not 16 16 o IIY!lis a,o&l :: Q[� � 14.22092203: IIaAIwlb,l 4G OF GOM M��4' G iAL VE I4 G I A V121 I I IIV RESIDENTIAL DISTRICTS gal A. Coirnirn& GaaI l' V lN6es The location and condition of commercial vehicles in ................................................................................................................. residential districts shall be permitted as prescribed hereinafter. The following shall not apply to commercial vehicles conducting business at a location within a residential . ccs::::::::::::fi::::::r...:district, a. kI f.................................. ~::::::::::.:. e. �.r.„.... n.cr... a . „ Permitted Number Of Commercial Vehicles: No more than one commercial vehicle, as permitted herein, shall be parked on a single-family detached residential zoning lot. No more than one commercial vehicle per residential unit shall be permitted in a multiple -family residential development. lilll. Location Of Commercial Vehicle Parking: Commercial vehicles shall be parked „I!n 2 CuuII'Ia` tD21„2.„2.d....1.LL.p.:IlL.1.2..,....2.p in the rear or side yard only, except that a vehicle may be permitted in the front yard if the property is developed in a manner that would physically prohibit parking in the rear or side yard. If front yard storage is required, the vehicle shall be parked as near the front of the garage as is physically possible. In all cases, commercial vehicles shall be parked on an approved hard surface. Village Board Meeting - December 6, 2016 Page 321 of 578 Article XXII — Off Street Parking and Loading - Updated @/@,'I ...`.�...L.o.Ib.GIT:If...'14,...20,1L.6 C°, Size Of Commercial Vehicles: No commercial vehicles that exceed any of the following size criteria may be parked in a residential district: 4 a. Seven feet (7') in height when measured from the ground to the top of the roof; SII;,'). Seven feet (7') in width when measured from the widest point of the vehicle (mirrors are not included within the 7 foot width limitation); and 3c. Nineteen feet six inches (19'6") in length when measured from the front bumper to back bumper, excluding snowplow blades as permitted herein. 94. Exterior Storage On Commercial Vehicles: Storage on the exterior of commercial vehicles which are parked within a residential district shall comply with the following restrictions: 4 a. Rear: Trailers or other attachments shall be prohibited on the rear of a commercial vehicle when parked in a residential district. L). Front: Snowplows shall be permitted on the front of commercial vehicles during the winter season. 3c. Sides: No storage of any equipment, storage racks or materials shall be permitted on the sides of commercial vehicles. Extension of trailer side walls and pickup truck side walls shall be prohibited. .. Top: Storage racks not exceeding eighteen inches (18") in height, inclusive of ladders and other equipment, shall be permitted on commercial vehicles so long as the overall height of the commercial vehicle does not exceed eight feet (8') when measured from the ground to the top of the storage rack, inclusive of equipment stored on said racks. e. Pickup Truck Bed: Equipment (other than a permanently attached tool box) visible above the top of the trailer and pickup truck bed shall be prohibited. Storage of landscaping material or other loose debris in the trailer or bed of a truck shall be prohibited. . Commercial Vehicle Signage: Signage located on the exterior of commercial vehicles shall be limited to the front door panels only of a commercial vehicle. Commercial vehicles parked within a garage will not be regulated with regards to signage. ... I heu.ee fter, 66ld; �giga eshafl be a 'e te.. eucif9ru i by iiieaRG o:f ak&12ati9R 9112 (Comment [NB12]: No longer needed in code Village Board Meeting - December 6, 2016 Page 322 of 578 Article XXII — Off Street Parking and Loading - Updated gJq�'Iq...`.L.L.o.Ib.GIT:Ir...'14,...20,1L.6 . Prohibited Commercial Vehicle Storage: Parking of a commercial vehicle containing a refrigeration unit or other motorized compressor or a commercial vehicle with more than four (4) wheels shall be prohibited within a residential district unless the vehicle is parked within a garage in such a manner that the refrigeration unit is not audible outside the garage. The foregoing is intended to be applicable to those vehicles which use a refrigeration unit or compressor to further the commercial purpose of the vehicle and does not apply to air conditioner units used for the comfort of the driver and passengers. .7.. Commercial Trailer Storage Limitations: All commercial trailers parked or stored on a �oill Rq lot in a residential district shall, at all times, be parked in a fully enclosed garage. r,,,p.. Application Of Home Occupation Standards: The standards for home occupation as set forth in section 14.307 of this chapter shall be applicable to the parking of commercial vehicles in a residential district, provided that if there is a conflict between section 14.307 of this chapter and this section, then this section shall apply. (Ord. 4590, 9-21-1993; amd. Ord. 4825, 10-1-1996; Ord. 5426, 4-20-2004) q ap„ irnei6[ I Il lql ai[rll PyI e u I q„Ii II IPPc 9 to P,ue p ull�er9 au IP au wau`II 2� 2� 2 rovided:k.a'1.a.:k...r�..�r.....��..L.c.6�a......v.e..6�a..i.c....l..e.....��..6�a..a..l..l......be......:....�.r.k....e.d.....fir.r......rr]or...e....:k..6�a.�.r�.....:k..e.r�....... 10 V h .... p p 4;22g3 IA DIRI'.,� lulu. III ��I��; RiII�I �. reational vehicles and eauioment as defined herein. automobiles motorcycles, trucks, vans, and vehicle trailers may be permitted to park only upon an approved driveway or parking pad constructed to the required standards of the site construction specifications contained in chapter 16 of this code. (Ord. 5447, 7-19-2004) u A �ulvewgma I;,ReS lq„M4 Resq deii.li:« I II I',I! �I i p, lly gnu d gttach„ rg drivewp.y` Shall conform '[o [he followin re,g::u..j..r...e.rn e..rl:ls arkinc: ad and «faall cro:,; t[ae re aired front or exterior «ide=ord in a rnanner e.`;se.n.:lI.a..I..I.. :...e.0 endicular'[o t[ae ,[ree[ averr7ent. uucu Vau u. qu�al um u a ..............::........................................................................................................................................................................................................ Comment [NB13]: This section is for commercial vehicles that are not owned by the person living on site_ Comment [NB14]: Regulation which states that cars must be parked on a driveway or approved parking pad_ Comment [NB15]: Moved to general provisions G_ Comment [NB16]: New Sections are Noted_ Strike old code and insert this section, as it's reordered and edited extensively_ Comment [NB17]: Repetitive_ Noted in General Provisions, Construction Standards 142202 K_ Comment [NB18]: This coincides with the required off-street parking requirement and addresses the setback previously required per 142207 "In Yards"_ This is generally accomplished within a garage_ Village Board Meeting - December 6, 2016 Page 323 of 578 Article XXII — Off Street Parking and Loading - Updated @/@,�I@ D�.Lober '14, 20,1�6 2 Minil driveway width shall be ej�� ................................. ....................................................................................................... OUt§de edqe and shafl Ii111C Ude the width between strilDs of pavenient walks and P. atlio VVlslide. ;@1q for diivew s located wl P 1 2�,- -gg��red exteiJor ..... .... 5 All drivewa s shall be unobstructed from an encroachment such as chl, fi - - - Qjy2y�ays serviling 2ttag�n2d gaEag2ImH not exceed twenty vl�x feet in Wdtll ii i uiNess otheiMise reaUated 6s where lin Il chaixter the front IrDNane of the IlIOUse. with Iexeelrxtliorn of poqjtted l2op, code QDLrViv2eAgy§=§gnM2=three Car atta(gg� nq e eagL(width p§ the JEot to exceed a niax�1171UIII Width of fillijyzjb�,eg fegt g!]d sllafl be W In = :::: L v2iyliilg d2l2gmH nceed �12d ga�agf2� ��ot extwenfb t ty ��,x e in i Wdtl I, yiNess otll lei-W:se reggI21f2d tl ler e lin tll fls 1',hapjf2h a l )ijveway.� !!i ront of l Houses No dirlshall enc;roac;h a�Yore than three feet �n2y �f2 the same dill l as the gulag 21 1v 9 v v 2M,YiIil 9 d2i2gNi2d 9,9l992v2 and s�l IaH ��,-)e t2QgEgd tg g A�dtll l no g eater d lan twenty���X feet (M) Wtll flin 2gbtg2l!�"�2t ugl) 2 ng ggEgg2l's front 6evatlon II" axil measurement slhaH i -aHV to -)e talkgn] fEoiln ggl'agg'v edge fgqj)g§t from the sllde �o� 1ng gaEgg2 fiKade i nn 8 VeN:c�e l urnaround l��Iads Driveway 'a- ays frontline Uiade 0 efined in.. ya - an p _D ji]gy p��'ov��de a v6jc�e tL:fl]�ai3OL:vDd pgd Hell to the front lot Hine and ten feet 10 lino width as ImeaSUre 1 Deii DenjCWair to the front lot Hine N Ihe v6lNc�e tUrnall'QUIld liDag' shafl Ilbe located entllrt VI on th ; Din; l t xeii endICWar to Comment [NB19]: Clarification added - Comment [NB20]: Clarification added_ Comment[NB21]: For This is to simplify the code, same regulation, to prevent parking in front of the house_ Comment[NB22]: NEW: Nearly all side load garages are in the front plane of the house_ Comment [NB23]: NEW: Changed from 15' to 18 feet, but made the taper FINISH at the 18 foot mark instead of START at the 15' mark. Comment[NB24]: NEW: This was simplified to the most common result. Using the "garage door width" as a way to determine driveway width is not possible when looking at a plat of survey_ Village Board Meeting - December 6, 2016 Page 324 of 578 Article XXI|-Off Street Parking and Loading the drivew N and at ieast fifteeni '115 � frorn thi Drfincl-!11 structure Comment [NB25]: Same regulations, modified for simplicity - turnaround pad may not exceed twenty 2�x feet (29') in Wdth Measweirrients roil ch �vew�:)y �yAth shaH ��,-�e �: Minimum Tu of [he drive a a mini Comment [NB26]: AKA at the 28' mark, not mark - Comment [No27]:Stuck the Conditional Use Requirement, per approval history of these driveway types- Lot width requirement still applies - not included- Width at the garage was noted in illustration - Comment [NB29]: NEW regulation- We reference parking pads but we don't define them - Comment [NB30]: Define parking pads as "off street parking area that separate from, yet has direct access to a driveway, but not a garage, used to store class 1 motor vehicles" Comment [NB31]: This permits a 10'x 20' Comment [NB32]: This is to prevent people making a larger parking surface and calling it separate things - considered drive ais�es and sihafl 'neet the DarkfinQ iot desinin standards of the code ( Comment [NB33]: New- Clarification - ACCESSIBLE PARKING f� REK%U|REK8ENTS:-~EJ 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 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 Village Board Meeting - December 6, 2016 Page 325 of 578 Article XXII — Off Street Parking and Loading - Updated @/@,'I...y�.�...L.o.Ib.GIT:If...'14,...20,1L.6 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 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. �9RG sIlhell be VRIw eel6y mounted on a pest or e.. ell at f1120114 eenter of the Ilperkliigg Il,)eee, i no mere flha n it e feet (d.°) herw zeu"nta4y #GM V19 #9Rt of the lieu24i nd.. paG9.,and ..,eet fewi2 feet (4°)..:#9 m4i44:;ed (Ord. 6112, 12-17-2013} ( Comment [NB34]: Propose to have us follow the state code, rather than repeat portions of it Village Board Meeting - December 6, 2016 Page 326 of 578 Article XXII — Off Street Parking and Loading - Updated@/@,IS...N�`.�...L.o.b.GIT:If...a.4......20,1L.6 ire s fsssTM,�afsms asNrsssNlNl ssll°�sa NI�r��ss�s=, �a�ir ��s�a�NtN���nls�Nl dls�s�ls� ��ir�a�.� �71u�,NP71 �su��y^ Nk�s",: ����inl�«s=,its=ash �a� �I�r�ir�i�nl� ����Ildls;�������,alb-aiNltNass;-��-�t��Nl.�r���ss����� sm���s��s��,s;s�-{I�s�=�~~��i�,s-�•��Nldls"s�,t����,al-ais�-sr�a�t Nls",�s��:•:�ir�s��r�-t-��ss; ��s��s��:�-Nl'; t""�ssilMs, ss sssis,ssm�s,as sas s,sNPss,s ss;s ss•sssaia,s sss .sNlNl s,ssNl.ssssssssss,s sds Ils-ss,�s��ssirs �sNl�s�,�s���s�s�s�•:,Nl��s�lilssi�s��s�{I��s�,s �i�s-s=s",Nles��ssirs-t-sa,.tJPss�,-ssss, �ss���,s-��s�ls�,-�ss�NPss�ss�,s-�-��s ����r�s-�,,m 11 �,2'.4,•"sNll�s=��"� �:��NI4N� ���,��::�"� LJ: Niss�,-s��sairss�Nsss�,fNi t sairs-�ses:::ascasafsa � so�l�ssil ssidrs�:,s-sts�sss,,,s�s�irs s�s�ss�ts-s�s„.:��sts;��sss��ss�s,�ssa�s NI s�sNl s m mm t saN sdi s sass, •: ( ss1 &;�W:4, 1 , „ <� �s;���iNl�isrs��sairss�-s,smairs��s�i�rss” s� �i�rs s ... (Ord. 5253, 5-21-2002; amd. Ord. 5447, 7-19-2004; Ord. 5547, 2-7-2006; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013) AIN dii4ve a iii G9Rfowu-o to the lequs ileii-nei#s :sed foFth fR the er,te eop.&:W:4e 4i A I wRe 4ew t4 .. Reedei#aN d114veways iR th.o..l I.w -A R f.. I w - cN stFt eto...sh 3 N oei#ou u -o to he foNGo*pg il:equsaueu eu#e. N 1::4u lluew....0u e dFw ve usy..-m ::i y be peuu4tted pe F mtv w4h a u uss imssm of ou�e ossui ess :to the St eek Ilgavemept llgeldFw ve u:iy. Qileu:4aF oill cNssa4liell4age cWve u:iy it use be w �u iw ssw �usu a liw a uscN us of fi fteei� feet (f d ).. d elve...:feet (f.. ). five feet (75") olpw eu:iteF: See fipssIll f of tN;1e.., Be etou iNl''uStF stRg m ii aii-nu m uequss emeR:ts: Comment [11411335]: See Section 142204 for modifications to driveway regulations_ The "new" regulations for driveways will be shown in Section 142204 Village Board Meeting - December 6, 2016 Page 327 of 578 Article XXII — Off Street Parking and Loading - Updated"J...`....a„I.GIT:.If...a.........:.U... 2. LGa:ti9R:....Q1:A9 UyU i:RUU1 I9U ..to Mq.WMd 94 Met ...IIUUhR..SmAGMS) UR....W PaVeMeu 1i: 3 WkIth 1)l:Agway..Whit Iln... 11 a 1b@...Ga1GU1ated by.:i' R G�Ud n Rg aabU1 llgg.11�aR4 8 Uh 9 U4U UuoI IIpat�es W;eiq �9Gat@ 44;iq a i. gUaim@... fl!:9R:t y im :: ✓:: 9iq k�Gate . bUt'tR IIeR!4 I...sWewa U and...paths = am eeigU4.usted Of the same mateimia and G94: as that of the dhveway, ui;[I UIIbU1 Iq PUemuak@� GkJ9Wa4,G...and IIpatleU the deQR and use of d4veways WWR h�s Gede I )..aIbu#iqg pUi u° PI4 skiewU4,U UUU IUMNS We G9R64.UGt9d of f:49m lot rU G:eimia�s ei!:Of the same Imateimia� but U fkgm iq:t wkI:d; bUt..shak be G9RSkmI @...skiewa&U and...pathS.. Rd be...UUII�9G1: to a4 IIUpk;U!Ke SWeWa&...and IIpatle 1m9 Uk4tk)IRS W44R thb3 G9d9: iaemeIlUI ws, and bay4R&W6 II)eaUeways IcHay..be h9a4ed and Maktaked...0 :....II)i iveway d4; shak .be 44:ted to # n4ty )aUe. Ipeimiq (95)/e) of the. e:t wkJ#; . U Rl@aGUIm9 U1 019 1:894�9 )i 9Rt Uetba k 4IR Sim aI4 Rss w4h vydths of Uhx4yG4 () ) iR..Wkith...shak IIn ve a i:Rax4rr ur:R i vewa y WkJ:dn Of W@R:ty U�U.feet 41141 UUrU dl iveway Wdd; Cer- a4 ihrig�@-fa U y is@Gki9IgG@U...shak be 4g� l4)e , � }, b:....II)i ivewayU U9emsRg aeag@Sw. : ; a w4th ieatei. tha 1heRla a filth peii itte wb;� iq UWbU@Gt, 9R Aga ofthaS S9Gtk)R may b the ..same ...wk14n as the aFage W RWAGR feet (1 ) e) t o gae g U :f 911q:t @bb V tk)R:: Ui u° 9 kith bU d9t9i:r:4 d by i neasui*gg the wkith of the.. i e deeics....IIU�UU h aMpkaNe, the UeIIUUmu ain 1betw eiq the r,: e deeics, thus two feet (2)...OR a�lln�rm U Ue1 )ei#lln Iln9rm9auqab9U9., 4&ed ga4wge that AWS OR U PUII::hG raght AUC Wayv R9 P914k)R 9:r thei veway . WEAN.. o the...PeimirU&W WIhe) Slay aigteimiei:..of the f'e:t (as opposed e Pll e edgy AUC the &vew~).G, eG@St to the pggi Icngtgi. bit 411%) may exte.uUl i Ueim9 thauq thm@ )eE ( ) IIU@~ eRd d:I9 edge of dnq pi igi;apaU l UtimUdUi,, UgU-1 . C..C)imaW eavayU to Pis llqg q far:44 l)y imgskl 8llq:t a I Pi"eIIe914 )U Wh [I l!:eR1 elite a iRa,b)i 4e hi' ceadwa) U de4qed by the ..Wc)I.U.Ger:Rpmh9igsA@ IIUI uq, sl::44 be pei:icn4ted te Village Board Meeting - December 6, 2016 Page 328 of 578 Article XXI|—Off Street Parking and Loading G� OtheF� A4 e*eiil uses shak have d114vew�:iys oftwei#y fou ii::: :feet (2,41) �R W491 (Q? :feet All parking stalls and dI�ve aisles shall have the minimum dimenoiono, as set forth in figure 1 of this oaodon, provided that the overhang ofnot greater than two feet (2')may baincluded install depth calculations where such overhang does not extend beyond the property line, encroach on the minimum width of the sidewalk, or encroach upon a required setback. Comment we want the ability m review any other angles mbesure they are � feasible- Village � ��3 Drive Ais�e Dimensions � he drive ais�e width shafl ��De adeg�gte to 'naineuver afl H ��De twent four feet 2d' fin Article XXII — Off Street Parking and Loading - Updated @/@, "I ...`.L.L.o.Ib.GIT:If...'14,...20,1L.6 WNa[tII�I 'f�� ��� �aau. Vaud N�'DuNaaa� au�V� WII�IN�II�I �axaa�a�a[ tWu�It tu�u �� ��' Nu�I WNa[tII�I �II�IaVV eau �Ing " �t aNI SIze........IR„ .duI„ Pi„ „In An industrial, commuter, long term business office or ... multi -family residential use may request a reduction to eight and one-half feet (81/2') in stall width. Such request shall be approved by the director of community development and must be accompanied by such documentation and evidence which shall justify the parking lot safety. D. Parallel Parking Stalls.',off-street parallel parking spaces shall conform to the following requirements: 1. Stall width measured perpendicular to the drive aisle shall be a minimum of ten feet (10'). 2. Stall length measured parallel to the drive aisle shall be a minimum of twenty-four feet (24'). 3. Minimum drive aisle requirements: twelve feet (12') for one-way access and twenty- four feet (24') for two-way access. tOIll gall %IIIc.I�.....:..p:......ll2...!.....L.OCE .�..p.l..........:.. Comment [NB37]: This is a modified regulation, reviewed by CD and PW, to be sure there's no confusion on "left turn" lanes, etc_ Comment [NB38]: NEW: we do not have dimensions for parallel spaces but some exist in the village_ Comment [NB39]: 1 a and b Formerly �CN,I a aC� section 142217 "In Yards" as onresid,en[ial DisIricks;.00iIu of I u1ul lu f rkin.[. lot u "fa 11 kre e.rrr7ikted..wikfain ke.rl.. teak (t0"rJ [[se rrfrer#y„ine unleuu ad�acen[ kir„uinc�le-arr7ily reuiders„kcal diukric[". Of i y � P rkin� lo[" Ia 1P r9 111 Iro uulll r9 1:�111a[ III II 1110 1r9 1 oII P Pa lilt a l faaoD H,y IIesAeIijaal 6stiiIIcts, aall kre profaikri[ed Iu uo uulu rl uluaff [II u1[ u1110 1c[fuf ou [ [ a Pu Fie:widen[:ial c disIrl[�”. Off M» ee[ p ulullrall afP�rkir�c: lots” located in reg"idential di utrict" :6�a..�!..I..I.....�].eg.:I...:1.a:I..�..... g.....u..l..rgd..-seIback.s...9.?�...:[.a:l..g...-�;,lyeci�ic dig"trio. q ...:.............:......:...........:....:........... . 2 OuuIrP�u and Ouutt �Ir:.1I ��2 2'�20 01��1IIIN[� S AND �11a�11..1 �� 1� ! C�.(IoIrrlIbliInIa fioInI coInIGIIEflEc IRad u"rg[2�2g1 ess dialsles sh aH have a flNity f22t ( '..) Egdr 1i on a tuulrns Conciet Isla[u r9 aP.p„uuPPlu [ II[III Py r9 [u a 1i aull�lu Pull „Ilf all Il ars a flr faaP Q II ar9!I on a etuii ins ................................................ Village Board Meeting - December 6, 2016 Page 330 of 578 Article XXI|—Off Street Parking and Loading 14;2221! &PRIPING21 Parking garages shall have ominimum vertical clearance ofseven feet six inches (7'G^). localions where vehicle slackin( item 6- In 142216 shall be measured a[ a dis[ance of [wenh, so forth. Stacking F�GLJRE :1 Village Board Meeting - December 6, 2016 Page 331 of 578 Article XXI|—Off Street Parking and Loading Formatted: Left, Space After: 10 pt Formatted: Left, Space After: 10 pt Comment [NB41]: This table is being struck entirely for the one added at the beginning of section - Formatted: Comment [m :n°ewammmeanu"re. / recommend using amodified version used m the /onrManual 14,22192 LEI: Comment [NB43]: MOVED to article III Village Board Meeting - December 6, 2016 Page 332 of 578 '---'-------''----'-----�'----'----- � Formatted: Left, Space After: 10 pt Formatted: Left, Space After: 10 pt Comment [NB41]: This table is being struck entirely for the one added at the beginning of section - Formatted: Comment [m :n°ewammmeanu"re. / recommend using amodified version used m the /onrManual 14,22192 LEI: Comment [NB43]: MOVED to article III Village Board Meeting - December 6, 2016 Page 332 of 578 Article XXII — Off Street Parking and Loading - Updated @/@,'I...���:.�:.L.oIb.G:IT:f::l4::2:.L:.6 �e! k hq tgtau l Il;et 11 # of 4g mi fXi'wwi @Gv tlllwwledtllqC th GUPP91$ fXWd 9 v llgd Comment [NB44]= These items on this page 14ated 994!pi"nIeigt� b@ I41"4t9t9:019 19 diSt1"IGi X14t 91" w"k^ d"Ru x+44w-R� are moved to article III :1 4y f@9t(3 )... Iluam„kn Wr�1 b� �@Ss. b.pes ell:44 Ib9 G9RSti:YGi9 9 e” etu k 9ether Irm atei au l m,m,@kw table @ t9:019 v44age.eiiggaiigee.i Weed Ipebk s... 1-a Ilpi:Ekmall�ted,, Gkai @ GI49 AdjaG@111mt P Im9P914aee. ImehIll;ted II:: ght1 iiqg used ie Ilky"411 e1e 9:ff6489 pad!Rg armee and im e... askes 4: i edd ate y aGGess4ig Ipai!4 arig st k s sl::44 be Gea:te a R4!S 11 G II 1 ok9W� 11q4Ulc rRatIQR sta dai!4s sha4be a.I:!Rt9RSe:i y... t a leet 4icle abut1lRe i@Se!&Rt4t pimeIpei#y..ekm kl II 9 G: @XG9 :k. k )et Gaiclde. p ...L: ga :u1 I:!Rt9RSe:i y... t a leet 4icle a kmmet1lRe..ug9RI @Sk J@Rt4l pimelpei#y ei!: imgh 9:f way sI:: a kl' R9:t G...::'p he 1"mile " uaIbU1 Iqg aR a 1fi Mink 6488t d@:f l I:!R G R au tt@9ft4:6 G9d9) emaght 9f Way Il::4 R9:t Gi9SG aGGgee te 1by#1 :R 9amm ue1 4m U69e Skald R9:t @XG41 k )et Gaicldee.. -5r- Z9Ru I1q 4164e ! , G that tai @Gtt y 4byt R9418� pl:9P94Y I:!R #18 -5 and k' 5r- . 3 1:9:t9Gtk)R¢ Ck:::::!4::P!R II'� 1u1m��,...11:::J4::4 P99eI:!R a pad�!Rg 1et Ilu 11 Ibe...II�1:99Gt9 Ci 9r V4::1aG, @e by m,Yimkmmed leu 11qeGall 9 I'slandG 9 GYY b@d kandG aP9 m ar:R9RdS: ::: Ile Of...geeelllell mmmew,# 4u -ka4y i@Gkl9 44 M ax 1umein; d 3cn A:::eeell4 w idlecr) Ulrmmfem`mmmm]U Formatted: Left, Indent: Left: 0.17", Hanging: 0.17", Space Before: Auto, After: 10 pt 4.5 4 A �I Formatted: Indent: Left: 0.17", Hanging: (wave 4I11 R,) 0.17", Space Before: Auto, After: 10 pt Village Board Meeting - December 6, 2016 Page 333 of 578 Article XXII — Off Street Parking and Loading - Updated @/@,'I ...`.�...L.o.b.GIT:If...'14,...20,1L.6 I'Gopooi#oll li 11l g L �qht q: Ally oss4ts i�g IlgaiikaI�g 4ot kghtai�g that does u�ot oopfoFm to these Ile usk:itaops... ha44 be 11 ado..:40 ooi#owll-o by of u34eiiii:atlop woo 4 teii th :i Formatted: Indent: Left: 0.17", Hanging: 0.17", Space Before: Auto, After: 10 pt Formatted: Indent: Left: 0.17", Hanging: 0.17", Space Before: Auto, After: 10 pt Formatted: Indent: Left: 0.17", Hanging: 0.17", Space Before: Auto, After: 10 pt mem 1N AComment [NB45]: Moved to Parking Lot Specifications �s�ss�4k-�s�r���til��lr�-��-�Ir�s�iws�4�,-�,-s�i�l��-�.�os�s�s�44:os ��s�����lr��,�s�,4o,::����l�s�ssm��::-�,-s�s�Jk-�-�Is�:•:s�,s���ils,s-�-��s���s�irss-44r�o, s�ilhs=a�,ta�� ��� ����I��mirssmirs�s�lMut�^::sus=,s=,��14�ssmus�,�nM4 tir7Mu�s ss=�ss�shs"assmi�,�nM4 �smu��y^::4k�o s�s;�sm"^ss�as� ��� t4r7Ms", r�s�,�.� ,.f Comment [NB46]: Moved to Parking Lot Specifications 4s�144�s�rs��s�� t�4ss",.:,44���sm,ss��s"ss�4��s�s����-4s-�s;s��s�rsos",���,-�s-��ssl���il�rs��..s{4��s��ls�:•:ss",s�s��ls,s-����rss���4rs��41d14�so,:-s.�, Ips"s�,sm�l�s���sm�s�s�s�s�,s-�• 4si144�4i�rs�t ���s��,�.��,-�s-��ssl���il�rs�t..s�{4s��,o-��4r�ss4ldl 4�so4f�s�s�rs4o,s-�•4s�-s",aldls--��s�-4rsdto,.:;, s.�s�-ass=o��dV�soos�-s����s�dh4�s����ss�s��s-k=s-{4�s�o4il�rs��.ms-a�st�os�-���rss��-asp-�dlsos-�s.��ss�sil�rs��s;-�����asl�s� fl4Pss.�4:, Village Board Meeting - December 6, 2016 Page 334 of 578 45 .. 4.. (Il ssw /ii4p ) Goll-nmell4u34 0 17 2. 4. 42 .. 4.. (Il ssw JIii4p° °) 45 .. 4.. (Il ssw JIii4p° °) 42s:slb4o seii4:ssslb4o u:ipd! 0 17 2. �11vs � 44tolivat (a, v 4N1`11IN"i); 42 .. 4.. (Il ssw JIii4p° °) I'Gopooi#oll li 11l g L �qht q: Ally oss4ts i�g IlgaiikaI�g 4ot kghtai�g that does u�ot oopfoFm to these Ile usk:itaops... ha44 be 11 ado..:40 ooi#owll-o by of u34eiiii:atlop woo 4 teii th :i Formatted: Indent: Left: 0.17", Hanging: 0.17", Space Before: Auto, After: 10 pt Formatted: Indent: Left: 0.17", Hanging: 0.17", Space Before: Auto, After: 10 pt Formatted: Indent: Left: 0.17", Hanging: 0.17", Space Before: Auto, After: 10 pt mem 1N AComment [NB45]: Moved to Parking Lot Specifications �s�ss�4k-�s�r���til��lr�-��-�Ir�s�iws�4�,-�,-s�i�l��-�.�os�s�s�44:os ��s�����lr��,�s�,4o,::����l�s�ssm��::-�,-s�s�Jk-�-�Is�:•:s�,s���ils,s-�-��s���s�irss-44r�o, s�ilhs=a�,ta�� ��� ����I��mirssmirs�s�lMut�^::sus=,s=,��14�ssmus�,�nM4 tir7Mu�s ss=�ss�shs"assmi�,�nM4 �smu��y^::4k�o s�s;�sm"^ss�as� ��� t4r7Ms", r�s�,�.� ,.f Comment [NB46]: Moved to Parking Lot Specifications 4s�144�s�rs��s�� t�4ss",.:,44���sm,ss��s"ss�4��s�s����-4s-�s;s��s�rsos",���,-�s-��ssl���il�rs��..s{4��s��ls�:•:ss",s�s��ls,s-����rss���4rs��41d14�so,:-s.�, Ips"s�,sm�l�s���sm�s�s�s�s�,s-�• 4si144�4i�rs�t ���s��,�.��,-�s-��ssl���il�rs�t..s�{4s��,o-��4r�ss4ldl 4�so4f�s�s�rs4o,s-�•4s�-s",aldls--��s�-4rsdto,.:;, s.�s�-ass=o��dV�soos�-s����s�dh4�s����ss�s��s-k=s-{4�s�o4il�rs��.ms-a�st�os�-���rss��-asp-�dlsos-�s.��ss�sil�rs��s;-�����asl�s� fl4Pss.�4:, Village Board Meeting - December 6, 2016 Page 334 of 578 Article XXII — Off Street Parking and Loading - Updated @/@,� I ...`.L.L.o.Ib.GIT:If...'14,...20,1L.6 mem, °'i Comment [NB47]: Moved to General Provisions Comment [NB48]: Moved to Parking Lot Specifications Aldl����-����I�-���m���lk�dl�,-t����i��i�r���.,.��1���«�-��I���i�r�da�t r����-���,-IIr����-t�����1-��:•t���ill��i�r���.�����,a=,-Ir����IIdI�I�, 14.22d' 2d: OFF STREET PARKING REQUIREMENTS:6ril IEl The required number of off street parking spaces shall be calculated as listed below: TABLE OF OFF STREET PARKING REQUIREMENTS Parking Requirements 2 spaces per dwelling unit 2 spaces per dwelling unit Convalescent home, nursing home Village Board Meeting - December 6, 2016 Page 335 of 578 Article XXII — Off Street Parking and Loading - Updated @/@,'I ...`.�...L.o.Ib.GIT:If...'14,...20,1L.6 Commercial, retail, services: Freestanding stores and shopping centers (up to 30,000 square feet) Shopping center (30,000 - 150,000 square feet) Shopping center (more than 150,000 square feet) Furniture I Auto sales Restaurants without a bar I Restaurant with a bar Dance/music/vocational/trade schools employee 4 spaces per 1,000 square feet of gross floor area. (Restaurants as tenants require separate parking calculations.) 4.5 spaces per 1,000 square feet gross floor area 4 spaces per 1,000 square feet gross floor area 2 spaces per 1,000 square feet gross floor area 1 space per 1,000 square feet plus those spaces required for service bays 12 spaces per 1,000 square feet of floor area 12 spaces per 1,000 square feet of floor area plus 1 space for every 3 seats in the bar area 12 spaces per 1,000 square feet of floor area plus 8 stacking spaces for the first window and 2 stacking spaces for each additional window 1 space per employee plus 2 spaces per service bay 1 space per employee plus 5 spaces per service bay 1 space per bay plus 2 stacking spaces per bay Stacking spaces for 20 minutes of waiting plus 1 space per employee. (3 minutes average per car, plus 1 space per employee.) 2 spaces per 3 employees plus 1 space per maximum number of students as Comment [NB49]: Take-out only restaurants under 4 per 1,000 per a policy interpretation_ Is this still OK? Village Board Meeting - December 6, 2016 Page 336 of 578 Article XXII — Off Street Parking and Loading - Updated @/@,'I ...`.�...L.o.Ib.GIT:If...'14,...20,1L.6 Village Board Meeting - December 6, 2016 Page 337 of 578 Article XXII — Off Street Parking and Loading - Updated @/@,� I ...`.L.L.o.Ib.GIT:If...'14,...20,1L.6 Amusement establishments Arena/stadium Bowling alley Club/lodge Cultural institutions and museums Golf course Gym/health club Swimming pool Tennis club Theater Industrial: Manufacturing, research and development, utility Miniwarehouse (Ord. 4590, 9-21-1993; amd. Ord. 5034, 7-20-1999; Ord. 5751, 8-4-2009; Ord. 6029, 9- 18-20121; Ord. 6112, 12-17-2013; Ord. 6147, 7-15-2014) 14.220"'24.1: CENTRAL AREA PARKING REGULATIONS l Village Board Meeting - December 6, 2016 Page 338 of 578 Article XXII — Off Street Parking and Loading - Updated @/@,� I ...`.L.L.o.Ib.GIT:If...'14,...20,1L.6 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 4 stacking spaces for each window plus those required for the facility principal use Library 2 spaces per 1,000 square feet of gross floor area Multi -family .... .... .... .... .... .... .... .... ........ dwellings: Efficiency and 1 space per unit 1 bedroom 2 bedroom 11/2 spaces per unit 3 bedroom 2 spaces per unit Office: 5 spaces per 1,000 square feet in excess of 2,500 square medical/dental feet of floor area Office/retail 4 spaces per 1,000 square feet in excess of 2,500 square feet of floor area Restaurant, sit 4 spaces per 1,000 square feet in excess of 2,500 square down feet of floor 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 provided at 50 percent in number as required elsewhere (Ord. 6112, 12-17-2013) 14.22d,13 I'5: OFF STREET LOADING i ii IEl A. Location And Screening: All loading berths shall be located on the same zoning lot as the use served. All loading areas shall be hidden from street view or from adjacent residential areas. All motor vehicle loading berths abutting residential areas shall be Village Board Meeting - December 6, 2016 Page 339 of 578 Article XXII — Off Street Parking and Loading - Updated @/@,'I ...`.�...L.o.Ib.GIT:If...'14,...20,1L.6 screened by building walls, or by a uniformly painted solid noncombustible fence, wall, or door, or densely planted mature shrubbery or any combination thereof, not less than six feet (6') in height. Such required screening shall be immediately adjacent to the loading area and in addition to transitional screening requirements elsewhere in this chapter. In all districts, no loading berths shall be located in a required front, corner side or side yard. Loading berths located in a required rear yard may be open to the sky. B. Size: This chapter provides for two (2) sizes of loading berths, short berths and long berths. The vertical clearance of all berths shall be not less than fifteen feet (15'). The size of short and long loading berths shall conform to the following: Short Berths: The size of berths, maneuvering aprons, and access aisles shall be as follows: a. Berth Size: Short berths shall have a minimum width of twelve feet (12') and a minimum length of thirty five feet (35'). b. Maneuvering Apron: A maneuvering apron of sixty feet (60') shall be provided. c. Access Aisles: A width of at least twelve feet (12') shall be provided for one-way aisles and twenty two feet (22') for two-way aisles. Long Berths: The size of berths, maneuvering aprons, and access aisles shall be as follows: a. Berth Size: Long berths shall have a minimum width of twelve feet (12') and a minimum length of fifty feet (50'). b. Maneuvering Apron: A maneuvering apron of sixty feet (60') shall be provided. c. Access Aisles: A width of at least fourteen feet (14') shall be provided for one- way aisles and twenty four feet (24') for two-way aisles. C. Access: Each off street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, and shall be subject to approval by the director of community development. D. Surfacing: All open off street loading berths shall be paved with asphalt, concrete or other dustless all weather material capable of bearing a live load of two hundred (200) pounds per square foot. Village Board Meeting - December 6, 2016 Page 340 of 578 Article XXII — Off Street Parking and Loading - Updated @/@,'I ...`.�...L.o.Ib.GIT:If...'14,...20,1L.6 E. Repair And Service: No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any district, except that: 1. Emergency repair service necessary to start vehicles shall be permitted in all districts. F. Utilization: Space allocated to any off street loading use shall not, while so allocated, be used to satisfy the space requirement for any off street parking facilities or portions thereof. G. Central Loading: Central loading facilities may be substituted for loading berths on individual zoning lots provided the following conditions are fulfilled: 1. Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade by means of a ramp or tunnel. 2. Total off street loading berths provided shall meet the minimum requirements herein specified, based on the sum of the several types of uses served. (Area of types of uses may be totaled before computing number of loading berths.) 3. No zoning lot served shall be more than five hundred feet (500') removed from the central loading area. 4. The tunnel or ramp connecting a central loading area with the zoning lot serviced shall be not less than twelve feet (12') in width and have a clearance of not less than twelve feet (12'). H. Minimum Facilities: Uses for which off street loading facilities are required herein, but which are located in buildings with less paved area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities, accessible by motor vehicles off any adjacent alley, service drive, or open space on the same zoning lot. (Ord. 4590, 9-21-1993; amd. Ord. 5751, 8-4-2009) Village Board Meeting - December 6, 2016 Page 341 of 578 Updated g ptembe 2,.2 II 0�:Ao b i....:II.4:.....20,1:I.6 Article XXIII LANDSCAPE REQUIREMENTSQt i 14.2301: INTENT AND PURPOSE: 14.2302: LANDSCAPE PLAN REQUIREMENT: 14.2303: CONTENT OF LANDSCAPE PLAN: 14.2304: DESIGN CRITERIA: 14.2305: RIGHT OF WAY LANDSCAPING: 14.2306: PARKING LOT LANDSCAPING: 14.2307: FOUNDATION LANDSCAPING: 14.2308: PERIMETER LANDSCAPING: 14.2309: TREE PRESERVATION: 14.2310II 16'1OIR III II ti III II 4 A113II':1 14 II i.. OIII III 14 I..113II' II 14 II'°VIII. A1N III" IIL......II' ""III ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 14.2301: INTENT AND PURPOSE?� ]i El The purpose of these landscape requirements is to promote, protect and preserve the general health and safety of the people of the community and, as part of the general welfare, ensure aesthetic compatibility among land uses within the community. These regulations are intended to minimize the harmful or nuisance effects resulting from noise, dust, debris, motor headlight glare, artificial light intrusions, objectionable sights or activities, or similar incompatible impacts conducted or created by adjoining or nearby land use. It is also the purpose of these regulations to safeguard the environmental quality and aesthetic character of the community by limiting the removal and ensuring replacement of trees upon private property within the village. These regulations are intended to preserve insofar as practical, existing vegetation and topographical features by limiting unnecessary clearing and modification of land, encouraging the retention of existing mature trees, requiring the replacement of indigenous trees with approved species, and encouraging the energy efficient operation of land uses in the public interest. Landscaping required by this chapter shall be a condition to the issuance of a certificate of occupancy for any improvements built on the subject property. (Ord. 4590, 9-21- 1993) 14.2302: LANDSCAPE PLAN REQUIREMENT: 6?] A landscape plan shall be required and approved by the director of community development for the following: A. Any nonresidential development of any parcel of land involving the construction of any new building(s), structure(s) or parking facilities, or Village Board Meeting - December 6, 2016 Page 342 of 578 Updated gepternber 2,.2 II 0�: Uob i....:II.4:.....20,1:I.6 B. Any multi -family residential development and/or residential PUD, or C. Any development involving expansion by more than twenty five percent (25%) of an existing structures uk9iing (2„2tp„ p t, excluding single-family residences, if constructed after the effective date hereof. The plan shall be completed by a landscape architect or a person capable of fulfilling all requirements set forth in this chapter. Requests for relief or revisions to these requirements of this chapter may be submitted to the village manager for his consideration. (Ord. 5751, 8-4-2009; amd. Ord. 6112, 12-17-2013) 14.2303: CONTENT OF LANDSCAPE PLAN.0 �1 El Comment [NBS]: Change to reflect existing practice_ We don't require a preliminary/final, just final_ .. . 6 ( Comment [NB2]: Moved to new item A 4 2 duuciae use11e elu!uuuueteu crCsuu22esteci Il iuuu4 uuuuteuiuulscr be uu:sei (i.e. shade duos, Comment [NB3]: Struck, not needed as this information is required in the planting schedule new section B_ - �- Comment [NB4]: Moved to new item A 3 ,'&#e:lCIe.i tt.tltiY t4t],.#.t•�lt#1�]'imk�ff ( Comment [NB5]'.Moved to new item A 11 1 bo:4deFs, Neek euul:ell epppqs wtli" d isti:l ?airn � — COmment [N66] Struck, generally not applicable 9 I Isu ei s... f A d iki- a� Landscape Plan Content 2urrients: Locations of existing and proposed improvements, as deP;al..L2.d....P.,-.e.1..ow: 2.IIS.i.�..Ll....P.,-2e...!.!1n..c�.1..2.�.�..ted 2n the .Euuldseu12e Rign. ddii.l.2naiIn..:auurnaii'2n, i116aciulg i2eLDiea.... u iauu2„atPon, 2.glnp!22:, detaHs gnd/au..Il II aPa u::V 11 s ofrnateila/ s to Put a sed, may P"u.y P]g dkeePau of 22oDu21„p1ity d2Y2l22! u„2u1t. iueestancfl Comment [NB7]: Combines old sections B_ 1, 4, 5, and 11 k:4aVCiau 2 euutkpes, uusa�lh eu tl:u2 uuu�d eX4Ilgeiugle� (comment[NBs]=stmck,coved by item A 1 2 �„�2v2d su:�urgge2.,. iun6 cfln � sAe ulll�s,....h l u 2us... uu 9 ull�iu f'2Ps uill�iu I212 uue2u2. Piously en6 suues) slhaH P,-ue noted on PIIS _ Comment [NB9]: Combines old sections B_ 6, 10, 13, 14 Village Board Meeting - December 6, 2016 Page 343 of 578 Updated gepternber 2, .2 II D:Ao b r....:I." :.....20,1:.6 . Existing Comment [NBSO]: Existing item 9 is split for existing and proposed plant material_ 4. Wu lff . S1: e the Proposed location of all new plant materials as identified according to the planting schedule. ( Comment [NB11]: Previously item A 1 } J 7. 3- Location of exterior liahtina, including parking lot lighting. 2__a:: Irrigation plan, required for commercial, industrial and multi -family residential r0 eCtS. ( Comment [NB17]: Previously under D 2 a 10 h:2: Grading and drainage plan, showing spot elevations and/or cross sectionsl. ( Comment [NB18]: Previously under D 2 b 11. Proposals to protect and preserve existing trees during and after construction.) -( Comment [NB19]: Previously under A 4 1 Comment [NB20]: Items 5 — 15 shown as struck are incorporated into new items 1 -11 above_ . 1 44:ung...4e8,46..(spaG9c... @41g9u 19 :RGA Y iung...haigd: ,'4pl�9 ...cpaG9 .,..GUi bG) E 44 . i R 19G,4ta9R& 1 ....11'' �ulb2lIG rmi ht of ~gay/easeIH@R:tG i��GwUdR 64891 Wk#hc, 1 &...II'::W use...d'aslpesau imaas, 14. . „. 1 5.ii!2 29ll�914Y li%c.,,. Village Board Meeting - December 6, 2016 Page 344 of 578 Updated g ptembe 2,.2 Il(iD:Aob r....:I.":.....20,1:.6 Q 3. Planting Schedule II he (oIIoWn �I mH ll, -)e In Puded I'in...:the pjaDtl'n �gj]gd'u ll] ' SUI.).mlii2d 1. Plant material schedule, listing: botanical names; common names; caliper or height; and quantity. 2. Plant material schedule of all trees (4 inch caliper and above) to be removed, listing: botanical names; common names; caliper or height; and quantity. 3. Planting data box which shall include the required and proposed calculations for the following: a eIngj, n (In fd.. It1 �p O"p"k" II "O - - - Comment [ NB21]: Ad ded text, to help aid in the plan review process- Adag I)P to pgll, I ,.q.11 ni gf vv ,. Comment [NB22]: "Total Areas" Struck. Our requirements are linear in nature_ LE- one tree every 75' of frontage_ b� The94� q u l a ee:t a uqd II�91!:G Rtag9 of ;9 ales b4iRqI' uands �; p ed, The total number of trees required and proposed p;; 4- The total number of shrubs required and proposed; sgyaie feet and i@Ge.ligtage Gf th �al!441gg 4t a lm9u ..p @, :!Rg �Ift��t-0? 1°v �t-0�Ift'���r alilt�N? E;;N�-0vIIN I� �If?v td11f-0H"I uN alp H�d6 dNV Comment [NB23]: Moved to item A 11 I ] KSG9 pu N"MQTQi WS1� - Comment [NB24]: These elements were incorporated into dem A above Village Board Meeting - December 6, 2016 Page 345 of 578 Updated o ptembe 2,.2 II D:Ao b r....:I.4:.....20,1:.6 . I'IIIIIII: Title Block: 1. Name and address of property owner. 2. Name of landscape architect. 3. Firm name and address. 4. Scale data. 5. North arrow. 6. Date. Natwi2al I eatwi2e Qet4 & Ppav�de..the folio ing:...elevofiow S, GFG66 G9GfiOIq6, seiliill,Ae: Comment [NB25]: Stuck for Simplicity_ This list seems unnecessary as these items are included in B above_ I:aR(IGGoPeioo�. imael,. I'eR41n3...:iR i4ate l'G 9 IIbY44:!RgS., Maigroade II eatuimo...Il 9ta4s:: PI:9V�d@ #ne9P9W� un5 t@G[n :!Gal aigk)i:r:RatiQ sempl eS., 1 1:: 311 n1 Standai4.& B@Iq h@S.: I''''.@RG9S. 4-44a4s- 5 &gRa30. Village Board Meeting - December 6, 2016 Page 346 of 578 Updated gepternber 2,.29Il@0�:Aob I....:II.4:.....20,1:I.6 3. &:ifety tdll#Rq:: Comment [114111326]: Stuck for Simplicity _ This list seems unnecessary as these items are included in B above_ 14.2304: DESIGN CRITERIA I' A. Scale .:f u And Nature oOf Landscape Material: The scale and nature of landscape material shall be appropriate to the site and structures. B. Selection of Plant Material.' 1 °ha iaotei: 6tlos..P241#pq Ilwrva teiii4abs used kII" ooli#oll114;3IIVC " vs"4h the p°Iilev »IS3ps of RNs Comment [NB27]:This iscovered by our Gt 11 i l of n shi 34 bei Plant List in the appendix u: fdood uuu:ik of uu..ol eo.00 Relll giliewp aur istem d1kpols b G a 9 b o of v lthstaii do iiu d the ext uoliouoo of IR dIv4u:uuul olio lioulouo:4;u :t , d 4 ai 11 oli�aou ...to the deco pug, and of good uuppeaFapceo o dui oouufouuvuuuuoo w4 the a ooh ouulluou t veFslou ofthe ° ll ollaouup... tapcaFd d ou P4u wools`:;tookA451;..Z6f]f..,. 1. Trees'-- to be installed shall meet the minimum criteria: SCat�; — - i�inll n°-:S� — �- -- --- — n � - foss'°°° �nll he al f ilio wtll'Cwt (Comment [NB28]: Current Regulation, Ever .. a minimurn of six Meet (6 � in seveiily fld:4pdile � (700) reworded I�olw�a I��w�cic.�reen ree � shall e.. (4 91o. tw000.ohu:l4 bo.oVowgwooRo ui. Pb 4/4) ornamental fees olhgH ifue a minimum of two inch (2") caliper or five feet (5') clump form, ou -e I 1/2)..o hade trees a minimum of two and one-half inch (2t/2") caliper. 3. Shrubs ...;o ifue Iunsta ed olhgH Ilneet the uvlunlllvu irn ouiteii uu u2t Pfuno of funsta gfon': .................................................................................................................................................................................................................................................................................................................. �If .... po...nllhllu:llq...,ollhuul4 be P4apted :foF eveFyouuo huuli�dFed flfty...(fd ) squuallo foot of 4uupdsoaped all Fifty percent (50%) of the shrubs shall be deciduous and fifty percent (50%) evergreen. Comment [114111329]: This section is for criteria, not regulation_ Regulations are all in the next section of code_ This resolves common confusion and potential conflicts when designing a landscape plan_ Village Board Meeting - December 6, 2016 Page 347 of 578 Updated geptarnmber 2,.2 IltiD:Ao b r....:II.":.....20,1:I.6 For shrubs that mature at less than five feet (5) 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: 1 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. �...Wr�a1r�nptul� plan�x2�xnn�t,n�dly2s��1dl�orvrr�sr����Ir�' �����������"����r-pl�x^�w��.^�lirin-�������������t�ll�������-������������lr�����-�����i�r:•=II �n� 'ae���,�r�em.a� l��em�ll:r '�11rr�ema�"w� 1:r cnaaig1 iq aA schedule of prohibited and permissible plant materials 1'n„ pxEgyn i, '„e.....LIIn....p;Uh appgnn�lx to p t e V..up C odg tri ° yd” dtmn�n° p�nub�4sS:;e updated 1igd d"w"nw"�td V4Iabp e to Comment [NB30]: Plant List Located in the i � nd Obn 4!G:: Appendix See attachment n ,V heire wnweirltx ad Irwwnwweir IIIIIrles uuxunrt, wnlr,flln tlruTuTs that have a Irnatuulre IhuToght wA twwei nt�y hues s nrlh(wx lld Ibe ja[aulrnWS uulrnqu;Irlrnu;autltn, m2 E22� 2gn "uIlxle...Ilnn DjaDliig Iln2n'x, lqu l.au]dxn:O.IIx ngi22m 1gg2ted 1'up...the front 1 n ss ..:IIl)ewra c 2�n1 �i��112�n1 .n �� !',mw�� �Ilnl. m2 E22� 2gn "uIlxle...Ilnn Dl phi Ilg Iln2k Il..9u1dxn:p 1pxii Imes 1ocated 1'up...the n 1 Itl a ll�litl�l"12w11 Slw�tl� 2 � I «hd,""....Sn« r„e SCw1ddtld or Se.eded... 5 Il urvnt mate11 1x i orvnsta lie ' 10 n . t!]2 22�r m11 n� eirs of px«xI,mllw np E22x u n I l 11 np� gL Yn ay shah Ilre salt Ihardw. D. Maintenance Of Plant Materials: The owner of the premises shall be responsible for the maintenance, repair and replacement of all landscaping p„I„0„Dt materials and baim ei:s16ated structures, , including Il -)up not III"n ted to refuse disposal areas, walls, 0„P fences, las may be required by the village. When any existing landscaping materials are removed from a nonsingle-family residential property, the removed and [22i,9922Tient materials must be ImapxaG@d aun 444:IlOrid aiqd au u#1nnll]11 12 PlP[2 y2d I y P� e da ren toi of o mi,nu.uurvnity dew6oprient. A means of irrigating plant material shall be provided. E. Planting Beds: �exlst1 g 2l2] 1'nnx, iPng eM2iN g P,planting beds shall be mulched in their entirety with 9..i'mn„ .p p„ p,;2n„gE:1 shredded bark or other similar material. Wa4s Aiiqd..-p @RG9S 112p oqt...rrra ei!:i' pS Ghal be Px aG d IRt&:I4#91114pn agaaiqst I9Rg Comment [NB31]: Added items 4, 5, and 6 here in this section to avoid repeating it in every following sub -section, since it applies to all plantings_ Comment [NB32]: Struck as screening requirements are addressed in Article III of Chapter 14. Village Board Meeting - December 6, 2016 Page 348 of 578 Updated a ptembe 2,.2 IltiD:Ao b r....:I.":.....20,1:.6 G. Detention/Retention Basins And Ponds: Areas.......I:.R.mo..In..LI!n....:p: etention/retention basins and ponds eieas shall be planted e the Ihu'.L.p......water ...l.l..n„p. Such plantings shall include shade and ornamental trees, evergreens, shrubbery, hedges and/or panting materials along the perimeter of the basin or pond. e, 9:f Ra live - Comment [NB33]: Addressed in the P other i U! iel'1e1s I;S°ek G96ll1"w"kg@d d'896 „ n° I� Illg9' t;;�9RS� t CSIYd :ii -91 led"I�wak @ gI:iRkg9 it 8d�„ recommended plant list (appendix) e11q ...ulluepp b@ PpeR@d ,4b9V@ 118 Ilea pu WRt@ p uul' IIR8,,. 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. 1 99Gt :!dU9Yu 4eeu ulluimull:2u eRdV.:iR@S up 9U2u d d9 the seut:; a iiqd west...sad es of bu1 ' iiggs and ppaza meas e pievu :ide shady dyue llu g #;e...uummelm euqn 4iru11en...Shad 8 '' EV9g 89RS 4Rd etheim..paR i:Ra ei l4.6...upu94..lb9 t,9RGeicl4ated 9R 018 R94h Sad@ of b0441iggs 41 a maRlruul:4:1l G[l nauul'pe es 018 8#9G' of W11#91: 4Rd 9144R E a4[l 8llq bei Rs uuqn aigGui Dee ated I u 12u 0 uu pandG ,ep 9 p.Imue1 ru,eu 1 b914:R6 cRUS r%&t #18 Comment [NB34]: Struck. Berms are require engineering review and approval and would be a part of a grading plan, not landscaping plan_ euun' u11 11y o p u 1 1�uen uep b � 8691 @d and tie :;e ���W ep2u�iu�rr � p ,, .@19p9n..M94PGeCa9R 9:p epuegt aphy may 1be apl2e ed wl1u@.u@ aC G2uu4tim bYteS 19 'th@ '486tIn&11t, 99,44 n 9:f 'th@ u11e: II imGt@Gta9R Of RaRt..11 Rt@4e Alban/Q m II eeppu IR �9t,e119Ru wu:; i:@ paR r:Ra eim atle eu d/ei!: P99Pp a W4..be uuut:, llu allele. 2u auupuin Iuuupupl ellulpuielpi:1,ae...Guibs 4@9 uai!4s ei!:.eChe 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, ue... 1 aver ,...and cobbles I n..`2`. be used when demonstrated to the d p�i-e;;, to o a,2u1�n1�nuu�ulin n'��2rg!Q2 II21mg� li that the area "0111 not nulpp gq 112r�� II2Iai] I�DajgIjae s. Carefully selected plant material shall be combined with such materials where possible. Village Board Meeting - December 6, 2016 Page 349 of 578 kghts� eto� the I Comment [NB37]: Screening is in Articil III 14.2305: RIGHT OF WAY LANDSCAPING: Z' Where oparcel abuts odedicated public right ofway, parkway trees shall baprovided in accordance with subsection Y{i50%2 Eand sections Y{i{K}Qand 1{890%2ofthis code. A. Graded And Sodded: All unpaved areas within the right of way shall be graded and sodded in accordance with section 16.904 of this code. (Ord. 5253, 5-21-2002) 14.2306:Comment [NB38]: Renamed to apply to all All parking lots designed for four (4) or more required parking spaces shall be planted in accordance with the provisions of this article. Comment [NB39]: Our landscaped island requirements will result in this amount if not more than 5% - 12� Planting Areas:: :::a,Aplanting island ofotleast one hundred twenty (120) square feet in area, and at least seven feet (7') in width, as measured back of curb to back of curb shall be provided for every seventeen (17) parking opooao .Aplanting island shall barequired otthe end ofeach row of Village Board Meeting - December 6, 2016 Page 350 of 578 Updated g ptembe 2, .2 Il(iD:Ao b r....:I." :.....20,1:.6 . The px 4::Rai:y Pk4RUa11nq matei:labc...US@d uR x,44 11gg 4ts shale be sl:;ade 4@9& Imun rx, unU U...UI ....shn yNb@Pyv h9dg96Rd 9019im II 8 pxtaRtallgg Imatei:lals r::Ray.be used e Gypll er:Re.igt #;@ 4@9 Pkaigtl:Rq IIbu hu 11 lllg9 b9..019 S98 nw914t4bY`t )R t9Ulln9 R&Gapxaigg., U aRtS ~ Il `lk)h..I 4V9 Il im9V9R t9 bethe i Rest 1ieee Ii# of sau U... i=a Im9n 9r:R :R91gd d I X1968 41G�yde Ib ybeimiy .imYgexu ....Icese dwa4K4R Ill nw..and Ile99 yq9RYr:R b, One shade tree shall be provided for every one hundred twenty (120) square feet of area in a landscape planting island. There shall be at least fifty percent (50%) live coverage. Live coverage shall consist of a mixture of planting material, including evergreens, shrubs and perennials. y dl : xlha l pxpxy jo !bo Perimeter Landscaping!, I II�c a y�ui�n�uy.p�nx �n� �Il�ux x�ullxy.cc�u�au�n I area defined anon an ad acent Ict Hine xtendlin to ail or a l of the 1�a� exterior cUuJlxluncx of a xxnurklinIck yurlvo xnuxlcx cur Icxnylinycckx and xnun Ilx�.ulilyliun . U W�p dafion..Ixnndsc nllx ng EogL: lg!! ons sha l Ippl y.. xundo c tedu.iin Secfion 14 2307. 1 II n ImIIn i Imp Il xpilunq „lin uni nix Iungl, Inl'.I Ilyesx'denil l IUse ..IIhe i�xl4o i nq un „ten pxl'unq Is Iey„yIIe y along 121 Hines that are ad�2 gi]t gxI II2!AtP:Iny y. �lIngjg ra nlDH'yres�:dend,4 use :I . Front aAnd Gei a nes xterl ,or Side Yards: GI:96I x I~ esu ideu#4' Pi:9p e4 (U )I... Where a pxu em iRg 1et b; located across a street from Px 9p9Iyy ZGR9d Cem residential use, continuous landscaping shall be provided G.I:9Sx 999 h6lIgdI: d px9eG9R` (p..GGO/e) 9 Ulln9 s4eetthe frontage to a height of three feet (3'). SUGh I igdsG Ilxlgg sl::44 G9Rcl'' 1i Rd/axe 94184x9Ilpfal :Rg r:Ratei4 �24I'I' Shade trees shall be provided at the equivalent of flipy&nveR�y feet (5Q75') apart along the abutting Ilpi:epxe4y Igt line. Comment [NB40]: Preferred species are in the plant list (appendix)_ The primary trees will always be shade trees due to the requirement of one per island_ Comment [NB41]: We have combined the regulations for parking lot and perimeter landscaping to help simplify the code, and to eliminate guesswork on where one regulation starts and another begins_ The slightly more restrictive parking lot landscaping has been applied_ Comment [NB42]: Defining the "area' where these regulations would apply_ II"9R:t 4Rd n e� iiI ei!: sIide yai ds II 44 °II:"fie yey Comment [NB43]: Language moved 142305 C 4 dl.). Rear a nd I nterior Side Yards: a p al!4 :Rg 1E4... 11bUtG IIx1:9lx8 y , Hell n8d 4ImgskJ @Rt4U .. use, I iigdsG llxAgg sl::44 be pxicevIided s.x k)4ewc 04I'. Thescreen/buffer ai�aa b8tW89un #;@ IIpaickaligg IeU...and 1h@.I9xay'@Rt4U ', x1:9p @4y Ulux9 shall be Il EoV:ded at a minimum of six feet (6') in height. ,',,�24 Shade trees shall be provided at the equivalent of uq9 i ex e 1haiq fifty feet (50') apart a l gl q j!]2 '....2.l2.�'!.p..p .p .3....L2.p....l..n.e.: Village Board Meeting - December 6, 2016 Page 351 of 578 Updated aeptei bea 2,.29Il@0G:tob 1....:II.4:.....20,1:l.6 ,, (( Other planting material, including ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials shall be provided at intermittent locations, covering at least seventy five percent (75%) of the l.!.!ly.q.�21,: frontage. ( Comment [114113144]: 142304 C 5 Abutting/9I„sell P P„ Non „iuEmHy leily I' :esidentlalucrll eu�yile; ” e.ICau-neteu's.... . Wheue a::i 9u:ukiu g latabuts pilepeFty Zoped foill a &,....I'Il,andscaping shall be provided across fifty percent (50%) of thI :it IlDDoF:tlan of the abutting the lot„ line to a minimum height of three feet (3) 4 oil lot Runes geaP a than ( in In��Plly..... Ooh i �ndso::Ip: is p shl 34 eaub,abet of beu a e ...shl :ide au�....11�u�u��9u.e.�9 ieeP/) e .. u:unci crwnu:imepta: tileee, eveugueeub& IhFw :4bbeuy, hedges, aind/qiil otheF kve pk:ii#Rq m:iteF4& Rplantings 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 12 IlnFopeu ty line. J, -Q-. Shade trees shall be provided at the equivalent of seventy five feet (75') apart along the abutting jgj line. LeII III2PIaIIls,, II E)ill dsca ping peg,u llre!irneInts it may b �: ved by PIIS eaII�II�u II P „ Ud III in 2II1...tIle t C 1eIIe SII ti„VIII t qne 0S II' Comment [114113145]: This allows flexblitfor areas along drive aisles, throughout the B5 zoning district, etc_ where a setback may not be required- u311ci ooFii eu..., acti'e Yu3114IISak Ilue edded:: ASI pteFaoF &lde a:nci eail you:wd..peil4meteF �andBoa P� llv g utN eGt.S..eha4 Ige Sod ded o F 6 eed e4 (0 ii:::d it -2:14 993, wtN1 d Nle:: Comment [114113146]: 142304 C 4 and 5 14.2307: FOUNDATION LANDSCAPING: IT] [ A. Setback: landscaping area a minimum of den ;auto;... set (40,4') in width shall be located, around the peil4meteF ivant t2nd ext ulau side rgce2de of all buildings; decorative, year round planter boxes and pots may be an acceptable alternative subject to approval of the community development director. B. Coverage: Required foundation landscaping areas shall remain open and free of all paving except where walks to buildings and other similar paving is required. C. Landscaping Materials: °oV:4pdatton 4lII°&Gwapl il"II; I shi'i4 be pilovkded ielill u:i l "ut44pg - Comment [NB47]:Addressed inA above Such landscaping shall consist of�''�e 1 �rnamental trees, evergreens, Comment [114113148]: Shade trees are not shrubbery, hedges, and/or other live planting materials. Particular attention shall be appropriate for foundation landscaping paid toward screening mechanical equipment,, b�GYGle DaF4ng aweaec, land loading Comment [NB49]:Why would wescreen a bike parking area from view? Village Board Meeting - December 6, 2016 Page 352 of 578 dock; softening large expanses of building walls; and accenting entrances and architectural features. Comment [114111350]: These regulations are not incol into Site Andscalpiny noted alwe- 4, Shade Uses shik be px&dad at *e equ4��i�ept of sevepty4ve feet (75!!) apmt use salt My Waits and shaW be sodded I ARNmd exinn We ym4s, A4 -6� pepeky 4Re Village Board Meeting - December 6, 2016 Page 353 of 578 Updated Septembep I use W My WeNts and shaW be sodded I QM and ouRw sWe ymcls, All MKOF side and Few yaW pKii-neteill k!iirdsou�iispq aFeas shu�i4 be sodded oill e� tauquu4apl e Famaly ReWenhal kspeky; Whwe mulpWInny ;ssidenhK 1:r epeky abWs 4, Shade Uses shik be pavidad M hhe equbelent of nO Fuen thain seymoty lye :feet (75 ) apak aleng the ebulng Ilcllcrilceuiy kpeu44 tiees shak be spaGed Wneahy:: Othell: EiRdGOEils*g WeOaQ NeWding bwms&f "abble, ememen4K lwesv eveFgFeepsv shil�:4qeFyv hedge sv eh;Wx sthel&W waMhg PmAAAs 4W be proveded aL nLerniifteinL locaLloins across NfLy. peroenL (501%) of Lhe ak+uftling projoerLy hne 6 h Fu be an a W be Ilcluueed I R o lu Man ee M5 R � iir 9 a Il:4 sill ii -nu ii: -n of s eve iir (7) s h lu be pelf: ab:4#ka g pFopeilltyki�e:: use Ga4 dlhuuudy ii-nateFk�ile and shall be sodded pfilypt aj4d OOF114eF e4e All MKOF side and Few yaW pKii-neteill k!iirdsou�iispq aFeas shu�i4 be sodded oill -6� SGI:s�,9411 gOf Refuse DFsposaFeu�iw Me:44se dFsposa�� EiFees shk be smsened OR Comment [11411351]: This regulation is covered aR WUF (4) sides by a sWW Ymed feRee OF an equbkept soFeeppg :to a in Article HL hisght OfeX :feet (61 OF height Qpmpmed Mae c4sposu�il ecru tak�eFsrlNoheveiil b, j5slis�e4lg� Of GFOURd Based U:W4�eG; M gFOURd based My boxa, W&IRawsv Comment [11411352]: This regulation is covered in Article HL vlew u:W4pq eveFgFeeiir lapdsouuiphg whi,sh 44 pmWe the W of -the Wswd based u:64tyGFound based =Nes 4c exoess Of Glx :feet (6!!) lR helght sha4 be bAWNg on hhe 41 OF ca heF mateF4� as appmved by the d4eWOF and appFOPFlate lapdsoape mateF4& to soileeir :the eirokrGuFe(04: 6:14 2V :12-47-20:13) 14.2309: TREE PRESERVATION: IT] [E] This section provides standards for protection of trees on private property. Chapter 9, article V11 of this code provides standards for protection of trees on public property. A. Tree Removal Procedure: Village Board Meeting - December 6, 2016 Page 354 of 578 Updated g ptembe 2,.2 II D:Ao b r....:I.4:.....20,1:.6 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. 2. The application for a tree removal permit shall be accompanied by: 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 Aad of this section shall be accompanied by a report from a certified arborist if requested by the department of community development. 3. The village shall approve an application for a tree removal permit if one or more of the following conditions is present: a. It is necessary to remove a tree which poses a safety hazard to pedestrian or vehicular traffic or threatens to cause disruption of public safety. b. It is necessary to remove a tree which poses a safety hazard to structures. c. It is necessary to remove a tree which is diseased or has been weakened by age, storm, fire or other injury. d. It is necessary to observe good forestry practice, i.e., the number of healthy trees a given parcel of land will support. 4. When a tree removal is occasioned by any development or land use requiring the submission of a site plan, or subdivision plan, the said plan shall, upon approval by the village, constitute a tree removal permit. 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. Village Board Meeting - December 6, 2016 Page 355 of 578 Updated g ptembe 2,.2 II D:Ao b r....:I.4:.....20,1:.6 B. Protection Of Existing Trees: The following materials are required for all development activity requiring site plan review: 1. A tree survey indicating the location, size, and species of all trees located on the parcel with a caliper of four inches (4") or greater. 2. Every reasonable effort shall be made to retain existing trees on the aforementioned tree survey through the integration of those trees surveyed into the site and landscaping plans for a proposed development. 3. A tree preservation plan indicating, at a minimum, the location of those trees to be preserved and the methods which are to be used to preserve such trees. This tree preservation plan shall specify the following: a. The following preservation techniques shall be employed: (1) All grading and construction equipment shall be forbidden from encroaching within the drip line of a tree. (2) Crushed limestone, hydrocarbons and other materials detrimental to trees shall not be dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivably affect the health of the tree. (3) Snow fencing shall be temporarily installed at the periphery of the tree's drip line. (4) No grade changes shall be allowed under drip line of any trees located on the tree survey. b. The methods which are to be used to preserve those trees shall be clearly specified. If, in the opinion of the village, the necessary precautions as specified in the tree preservation plan were not undertaken before or maintained during construction, the land development permit for the parcel shall not be issued or, if previously issued, shall be revoked until such time as these precautions have been complied with. 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: a. Such trees shall be replaced with new trees in accordance with the following: fff� uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuCmaimimupmeu muuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuumNuuuuuumumbmem muumOufuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu IIL Village Board Meeting - December 6, 2016 Page 356 of 578 Updated geptei baa 2,.2 II D:Ao b r....:I.4:.....20,1:.6 Replacement Trees 6 5 For the above, in the event of a fraction of an inch, if a fraction is less than one-half inch (1/2"), the lower full number listed above shall be used. If a fraction is one-half inch (1/2") or greater, the higher number shall be used. b. 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, division 11 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. 7. Removal of trees designated for preservation shall be allowed only by amending the landscape plan. The amended landscape plan shall indicate the location, species, and size of all replacement trees. (Ord. 4590, 9-21-1993; amd. Ord. 5253, 5-21-2002; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013) 14.2310: PROHIBITED AND RECOMMENDED PLANT LIST II � II � II' III II Il a II II II II 1� ""II''"`II X14 II I IL..II �""II''"` t tainucMlIINau°mea* ur�ur� u,,°2 Il au°mea* w.G....GIT!.I.�.�.G:':l Village Board Meeting - December 6, 2016 Page 357 of 578 Updated gepternber 2,.2 IltiD:Uob r'1420,1�6 N�er swjharin�:aM SHver mgpI� Mainflius alLlsslima ree of IIheaven II G-!glg I2apyffer °NLe )Inh Jgggg!2g� g!2ggsffoH Russlan ohve I Ll:a � �pe�ies A�L �pG:?2!es gliikz) )Hoba, fgimae GinIsgG) (fgMgjg gUly) pgMffera Osagg gLgUgg !02�,g�Pggg uuudll G":I ly .(gl �pGJ(;es) Ig U �pe�ies ,2 Co ttonwG�)od (SII p(Ies) g" 2hnla o(usL `ug�lx 2aby�g!2ka Weg:phng AiHow (gpt I in aim AG:A areas) Moua� ntn ash Uhmus aimG:,rkana Aim,:,rk.an ehm pud�2]Ha SberIan ehm ANII IS Use of 21,9u]ts not luno uded on the recommended 2�2Dt I I�st i, nay Il2f2 l�22E2]l�tted Wth the i app�,ova� of the d,rector SII 111 3,l::: Y1,11 i i I ii n u ii n KK uzc, at incitaHafloin 2 jn6�2 2gjj,j2!2E) E� otainlcM Naimc, Collylin o i q a ii Y i c,::, Dseudol� latainus buy aimc)ile imapg N�er x freeimani Le e im a 10 im a p I g Z�2uL 1 E!�G� M g l2 � e Village Board Meeting - December 6, 2016 Page 358 of 578 Updated gepternber 2, 291(iDAober '1420,1�6 N�er sw�harum suggL =2I2 Z�gzA:flu:as gjg!,a OhIo owkeyg Aes(Uus N2poG astanum k)rse « heshnut Egj!d Ig Ili IgI,a �R�ver )ln�ch ggL2[ nus oehflusLgL!2�22g�2] Qgag !,gdffoirim ',lLteirnut hk.�sm ggag 222tg Ce�tls ox,6:;nLahs Coimim)n hwkbeDry gLg]a.�ffoha Aimt:vkn oe&'�h 22g(':Jh gIiikz) )Hoba GinIsgG) (I2]gg gI]jy) GedItsla ti,iw��anflhos vair neirimls �� hoirn�ess honey�22�:��t gyIj]2�:�Iadus dIokas Kenhxd ky ¢ off eQ:alfa e Judepl Ili ��.ineirea [3utteirinut air�x 6UAua [Ja E111 airIx Iairk« Ina Aimt:vk�aIle Ian« h Lmd daim2air styLg2Ifua Sw:,et gUjM 0, uen�%s aba WNte oak 0, uens okmbir SA&222 vvbI te oak ,2 0, uens mwiroair�'a [�Iuoak ak 0, uen�%s robur [��;nq��sh oak 0, uen�%s rubira �Red oak LLgg g4j!dlrensis Ja2g!2g§!2 tree Hw�� Ldingg PG'llsmG".I] : CIIIICt Hw�� 2igG IVjM dstkjhum ad d (ypiress Village Board Meeting - December 6, 2016 Page 359 of 578 Updated gepternber 2,.2 Iltitw`a:Aob r'1420,1�6 ha AimG:vi«: ang Collylin o i q a ii y i c,::, Aimg:rkan II 3asswood ��)ilway )k.ea gjg:d(g �Y�]Ite spnxe ha «,ordata Sei,LIgu WeG eaf ndt:�n Cobrado sprw�'e in s Daryffora Ja[Jgn§vv]1te ptn� ha ewbra Ia2eru whh 2D9 Redim')nd 111 6211n &mkt h 2i111e ps:Wdojsajgg n2nzie �)§ „%1Lsii �DugjgL Ila toimenLosa Canadan heimb���k SHvern6:n ua �p«�:�ies�Iimp�,oved res�stant va11etIes ::: �,::: �q , t ME:: �RG �R E::,E:: t ;taHafloin 6Fc(, E� ota11a1cM Naimc, Collylin o i q a ii y i c,::, ���Ik�ea abe� ��)ilway )k.ea gjg:d(g �Y�]Ite spnxe e a oimG:)i,H(a Sei,LIgu 2u199!2§ Cobrado sprw�'e in s Daryffora Ja[Jgn§vv]1te ptn� ,1Inus strobus Ia2eru whh 2D9 )1Inus sy�y':t„",Lijs &mkt h 2i111e ps:Wdojsajgg n2nzie �)§ „%1Lsii �DugjgL LQ9 2�Dg�n�s Canadan heimb���k ,::: Iq � :z �I c a Q�Z14AIWE::]AL (jnjinhnuin ci�zc: at instaHafloin 2 1111 h 2 [JERE 2u tt 2 21902.9 f2l"in at fttfl E� ota11a1cM Nainc: Coininoin Nainc: Zaa2g L g i in in a La Aim�:Jir mapjg 1 2gMpest1e N:'dgG 2]a"aple Z�22L 21�YgLg ma�21e Village Board Meeting - December 6, 2016 Page 360 of 578 Updated gepternber 2,.2 Ilt2D:Aob r'1420,1�6 N�er tatark�um artLan ima[2�G Z�gzu:flu:JsI2avia ed loud« Iseyg fl 111 u du u.dL'1nosa =u opII]aI6:�r Ai22 aimNer ahnffoha Saskatooiu servkebeny Aim:, aimher arborea )Tawny §gvkebenly Aimd aim�Ner IaevIs MegLa':', I]y ��G Eykebeily Aim�:��aim�her x gLg�]��fora Au.22�g �gLyk�ebei Ey II G !glg Natyp�]yjjg WNte ohn�.h ggI p[ nus (..arohnI ana Aim:vkan hoIII beam Cens G.aIII adt:,,Ilsis E��astenn redbud Connus (ousa Kousa dogvvgg� t Itvar nenm�s co���ksp�:�L LgYAL2LD 2'9!929! § ±22!m2yl,um WashI n22jg!2 LgyALgL!2 II aD2��a x sg:fl��Ig2lg Swx�er iag]2��a II gD2��a steHata Stail imaqn2��a Q§L9 YIML21 AimkI an hop1112LD�M heHo62ndron aimurens�::, Aimgrkan ¢.orktree Irunus aimG2n�ana Md �) 2JDJ§ ZME21g Coimim)n ( hoke,hheilily tea trffohata C 0 M M I 10 211.:.GIT!2 `^r22�12L�22oni���a iapgnG §Gr, 2aCtIee `;rLingg LgtkUata Ja2g!2g§!2 tree II w�� Village Board Meeting - December 6, 2016 Page 361 of 578 Updated gepternber 2, 291(iDAober '1420,1�6 : ) :3�uuuo- t III GI, �A,:::CH� UOUS 2JHRO! S Ji fnAkmsa ndmb�:h aim)r2ha ggphaanthus oG6:'nLahs COIMIM��)Iin ouRonbush Connus aHoa atarIan dogAG)od Connus aItennffoha 4, �ggAggG� Connus imas Connehan (�Jhenry GUggvvgga:� Connus rw�.eimG�)sa Gray �2qvv22� Connus serk�ea �'ted���g§Ier dogvvggG ��2]Vi« ana Aim�:vkn IIhazehinut Cotoneaster wuffohus GIT lc ng �. gtoneaster Cotoneasteir dvairkatus S2�rgg��iiig (oLoIli easLeir Cotoneasteir wAus k,dgg !,gtoneasteir a oton a"astG; i ImIualtl oirus Many�gA�:ved ��otoneasteir aIaWs )Wairf 3u:willng 2L�yflNa x nteirim�:�d�a �:�Ioir6:�ir foirsyHha LyflNa vIirIdIssima Gireensteim foirsyHha �aimaim" :Os veirinahs VeirnaI wikh haze� �aimaim�:* § 2EMD21 oimimG;)n wik��h haze� Hex veirLkHHaLa Coimim)n whnLG eiriry gDuffohus Coimim:)n inlnebairk gI 4ra SimG )oLIli sumw�% L2L]� I `uIo"agb2�rn sumw�� Village Board Meeting - December 6, 2016 Page 362 of 578 Updated gepternber 2,.2 Iltitw`n:Uob r'1420,1�6 Saimbw%s anada:�nsis �Abenry A im�:;laim�her sLolonffera IV �Runiiing keleny aimarlx raim)sss�ima staim�:;n taimar�x Wouninum 621nLatum Arrowwood vHounm:Jim Wouninum anLana Wayfgl,lng tree yHouninum Wouninum entaqG�) 'qannyI� LLy yHouninum WouIli um 0 2u a l u.a a,,,,,,,,, ;Jwo2ggq] « ilanbenly yHounnum Wouninum PJrudllnffoIIu. m [�',w�.khaw vHounnum Wouninum LI,Hobum Aima:,IIIK2in ilanbenly yHouninum Wouninum x oulw:)o& [1,urkwood vHounnum Wouninum x rhy!ldophyljg6s I antanaphyllgM yHouninum ypeu�es WGIT?.!qGIT? g I yll II II II II�q I R 3 null I mull � staHafloin 5 fctc:,L� ul: S t A�IGE:: E� otainucM Naine Coininoin Naine ISG r YlML219 Eastenn red �Gar ]�j�g g�:x�6:�nLahs ArborvAae SIOI lull,:::GHDUOUS S, 1:M!:3S Y III I au'll YI 2tjg,21 g,t inci, t a ailoIl1 1 ...................... 2 4 .......... E� otainlcM Nainc: Coininoin Nainc: A im�:;laim�her sLolonffera IV �Runiiing keleny Aronp a ImeI2no2all a « hokebenr Village Board Meeting - December 6, 2016 Page 363 of 578 Updated gepternber 2, 291(iDAober '1420,1�6 Aronp a arbuffoha :Red «�Jhokebenry erberIs thunberm Ja2g!2g§!2 I g±gLLy ]I,erber�s x mentorens�s 10 1) 11 Mentoi ai� eny Ceonothus aim�2n���anus �"qew J�::::,i sey igg Cethira ahnffoha Sumimt:vsm:NA �,eflhira Coto neasteir app Uata Cranberry « otoneasteir Coto neasteL gy2Lg§�uj§ Ciree2hn2 oto neasteir Cotou easter IIhoirIzonahs I :Ro.I six «.otoneasteir spG..2!.GIT?yOI'SyHha �pies dyGtLauggg NYIDenum spec ,ie s St JohW)I t.... Hex vei,LkHHaLa CoimimG:)n whnLer�2enry �H2es a�pu= Ap�ne ���unrant `Rhus aroimatk Gro Iowsumw�� imisa Cutleaf stephanandra LL92 mugI'I MeygL Hw�% :.uLingg 29!u:9�g %ss 6m Hw�� Wouninum (':ailes�� 2warf Korean vHounnum Wouninum sargentl,,,l Sailgg!2L vlbunnum Wouninum LI,Hobum AimG,rI n « anbenly yHounnum Wouninum x �!AL Judd vHouIli um �NggG Ig WeggIg Village Board Meeting - December 6, 2016 Page 364 of 578 Updated gepternbe 2,.2 Il(iD:Uob r....:I.4:.....20,1:.6 IllO11 S, I II UIII3 uy�uu up:y�uuu � Ilia*udII W aW p„u s allll �u u� uu)6l2 : "u). I pu.d ,us (o e Ilia X ",GI, impp 6 VI IfQ, ui`,.... Ittu IIS ' L.. l p„1)xw” )G,)G: "� G I"i1., 1� G I `u` I I G... Ili„ d �;a"%I"il I"il. G':)II%o G"%XVu"C) G"%,,,,,,,,,, ',w u.d X�,ds I"ill«4.. G"%I�iy a.... d ..ittG G a...,'....�aG"%xvu`CaG"%..... §2,1,2G,. „ a, s+G (yI;)„I,�G ': Hex x IitGrysG:vveaGIT:: Lw.Luu.GIT?....L.:kt:Hy �' u.d 111.p a d....�%JN1,1,1,G,"1,1n s1 �...I1.1..!D GIT. '.2....L.!!1L2.21 �u.dDlperus iG"%I I zG"%Ilit all .... CL Mll g 2:Jn2 a 1.L.I G I ua 2,ot udl it c,e uta,... J., 2ggL1 41!2 Iluj!222L EII uJs I"ilud92„y9 I"il'..,u,;J G.) ud G) �II1nG",1, " ' ' ` �, 'e iG"iG G"%G G„IIiG fG"%III � JG". Q;,I G'. �+,, "IliG"%GuG 6,:u ,111GuP"G” n 'l.. .... GRASS:::& t tainucall IINau°mea* ...................................................................... a)uacuaaa)u�°� Il�au°maa* .................................................................... 'aget::Gdg�a,�§��G¢:�Lu�� ...1"r�c I Gia„t1� � �G:.�; IG d„ aura 1 � 1..::.G .a.9.!l:l tgt . g�,ass Village Board Meeting - December 6, 2016 Page 365 of 578 Updated gepternber 2,.2 IltiD:Aob r'14� 20,1�6 N,,imeroHIS SI2e�ies )aylljy ygLIetIes erennI faIse spI aea vanetIes udd�e�a dav�& �g§jg §2g2�es LL [Iu effy u.d§b §pG 2Ies irLs varLetLes Gai,6:�n Imu m and day yIetIes I L [Ieaid ongu& �DggUI g �peies kkseG2d varIetIes erovskI a pG1gg wG,U�gn gg"t spG (�ies k.entra spe(IG s �ea ng aIG LIes :;w,,,,,G �b2gI,L vr A in a e a s i�D e e s I Conefow�:v varIetIes N,,imeroHIS SI2e�ies )aylljy ygLIetIes k' :d IIIera CoraI oeHs varIetIes �g§jg §2g2�es ���anta�n Hy yg�,�et�es L]§ ':pe��ries irLs varLetLes G' in s te im in dgtahs I L [Ieaid ongu& �DggUI g �peies EggG I]y varIeLIes erovskI a pG1gg wG,U�gn gg"t spG (�ies ConefowQ:v varIetIes Ak:agg eptgn� :Ieai Gzy 01, 61111IH611111kk Asairum eurgpggg�2]Eggpgg�1] v0d 2!29L ��mrd�foha 2�, L�gLt IG 2GLgAlla. Village Board Meeting - December 6, 2016 Page 366 of 578 Updated gepternber 2,.29Il(iD:Aob r....:I.4:.....20,1:.6 Carex x IG)Vrk7b"v'I„I kG da"rlll¢ G"ITk r[Jrllla^^"I a �G'dgW u.d.ylllyl ]gu.a.,y foijuneI y2g!2 §!2 Vu"IIIILG r„¢ G G'["gE °v" 1111„( as ril l lll„G"%„I,r..... 1..;:Ill.y.LIs III....Ly.y I �4! IIG"IbG"ru orIentaks eInt Illi ros7 :;! N G'':.u, « Ili G ...�y2.g.2.!.g§ :C. !.1�r..l.lba.��?..H s C Ilidyjua..% var, I G I a In da C„I,�G G 2!2ep,,,,,,,,pu d lli l G I, Jud111I��G"Ir p�-o«�%imbens I Iwt~arf pgpylllG sI : gg-dG::,n IIS:dnI er Lh`Io2�pki ata CrG G 2illlep Illy uuar„i Mk�robiota 6: « ssata. Sb, gol «;�YpJ-es y ..r IIG CpL Iliy [J r( Illy rlllG�I r„ tenmInahs y„p2 g VlG §G ” arr�lG IIID"%( I.. „ .dllll"� dG iG V„II ylllll� (. rG G 2L alrtIIGIIII InoG� I su: ss Ii k u ssI I �alt I w"OSuLOJJII ivy Iima CIIfgirgen °pG7IvsLk;;hu.m w"r rG"sLkI IG"16 Chi-Istimas fenill Village Board Meeting - December 6, 2016 Page 367 of 578 SeLm lyl"ilud"� "�G,u,lf[JyVd6iV r`Ifa a �JtIIICp,�lyl"i14,". °v" 1111„( as ril l lll„G"%„I,r..... �...a"%I"% im.I : II ....p.GIT!.-I w .IIn.kLGIT!...... ,,G� �G IIIiI LennaLa I , aI I G Ill sbrawberry.... Village Board Meeting - December 6, 2016 Page 367 of 578 DEFINITIONS'Zi 1111 14.2401: PURPOSE: it 121 In the construction of this chapter, the definitions contained in this article shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions and rules of word use shall apply. Words contained in this chapter and not defined hereinafter, shall assume definitions as prescribed in Webster's unabridged dictionary (1979 edition). ABUTTING: Having a common border width, or being separated from such a common border by a right of way, alley or easement. ACCESSORY STRUCTURE: A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of a principal structure. Said structures may include, but are not limited to, garages and sheds, as further defined by this code. ACCESSORY USE: A use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary, incidental and subordinate to the conduct of the principal use. ALLEY: A public or private way permanently reserved as a secondary means of access to abutting properties. AMA...II...II: QII: II: IIX II he use of de§gogted ra6 freggeogfoil,2 u,p [ pL�va un nc a imei,64c u imunicaLon. "Aimaleur" iin6ludes Persons litlh aurecrea ona�al inleresl in ra6o te6hnIPIIy ktlhpLsgogl gliiim and litlhout 6rect 2 gg]iau inlerest,and IIIIII ui odude IlsuiliuIlsllli afiuuuiiiiiu uuliull .. L...................................................................................................................................................... L................................................................ AMUSEMENT DEVICE: Any machine, game, table or device which is designed, intended or used as a test of skill and may be operated by the public upon insertion of coin, or token, or the use of which is made available for any viable consideration and is operated by the manipulation of buttons, dials, trigger devices or electrical impulses. ANTENNA: A system of wires, poles, rods, reflecting disk, or similar devices used for Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 368 of 578 the transmission or reception of electromagnetic rays, external to or attached to the exterior of any structure. Il ...11.. II II �hie suiiface from Ih6h Wr6ess uiu uli� Ihsuull Bull u�lililllii . ""uiuu"" Ihll ui Ihs 5......5.......!..!2...iiT....f.!I"....V.u.O:.l.11.....!L:It'..V:u.. APPLICANT: Refer to section 15.202 of this code. APRON: Refer to section 16.202 of this code. 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. AUTOMOBILE GARAGE: A business establishment which shall include major repair of motor vehicles, including the rebuilding of engines, or major reconditioning or reconstruction of worn or damaged motor vehicles or parts thereof, body, frame or fender straightening, or reconstruction and painting of vehicles or parts thereof. AUTOMOBILE MAINTENANCE AND SERVICE CENTER: A business establishment which shall include incidental or minor repair of motor vehicles, including the replacement of worn or damaged parts in minor motor or tune up services, but not including the sale of gasoline products or any operation included within the definition of "automobile garage". AWNING: A rooflike structure made of cloth which projects from a building for the purpose of shielding a doorway or window from the elements. BASEMENT: Refer to section 21.501 of this code. BEAUTY SHOP: A business establishment where cosmetology services are provided. This includes, but is not limited to, hair, nail, and skin care, and other spa services not including massage therapy. Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 369 of 578 BENCH MARK: Refer to section 16.202 of this code. BLOCK: A tract of land bounded by streets, or combination of streets and public parks, cemeteries, railroad rights of way, waterway shorelines, or boundary lines of municipalities. BUILDING: Refer to section 21.501 of this code. BUILDING, EXISTING: Any structure erected prior to the adoption of the appropriate code, or one for which a legal building permit has been issued. BUILDING LINE (Also Referred To As BUILDING SETBACK LINE): The line established by law, beyond which a building shall not be erected or extend, except as specifically provided by law. BUILDING, PRINCIPAL: The primary structure or building located on the lot which houses the permitted use or conditional use within the zoning district. 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. CERTIFICATE OF COMPLETION: Refer to section 15.202 of this code. CERTIFICATE OF OCCUPANCY: Refer to section 15.202 of this code. a s,li on II 2 u D 2 a2 . u s u Iles,y u 1lh a n one ca ri e r � u li Il s II II s i li s u u s u vu S II u s u i s u a li i li a Iles li 11 li a Iles u s u ill a u o ii .............................................................................................................................................................................................................................................................................................................0........................................0................................................................................................ COMMERCIAL/BUSINESS SCHOOL: An establishment which offers specific courses of classroom instruction, for profit, to the general public, in business, trade, industry or other trained skills; but does not offer academic instruction equivalent to the standards prescribed by the school code of Illinois. COMMERCIAL TRAILER: Any trailer: a) carrying work equipment such as ladders, Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 370 of 578 snowplows, hand or mechanical tools; b) carrying work machinery on or affixed to the outside of the trailer; c) containing a refrigeration unit or other motorized compressor; or d) being used for storage shall be considered commercial trailers. None of the following shall be considered a commercial trailer: a) a recreation trailer that is not included in the above categories; and b) Mount Prospect police or fire trailers. COMMERCIAL VEHICLE: Any vehicle with a class designation other than passenger, or trailer carrying work equipment such as ladders, snowplows, hand or mechanical tools, or machinery on the outside of t eve Ice..................:.:.......L....:::::.....,"-..!Ii-.............:...:..................::........................ containing a refrigeration unit or other motorized compressor, not including air conditioner units used for the comfort of the driver and passengers; or any vehicle or trailer containing a name, logo, or any other signage for any business enterprise visible from the outside of the vehicle; or any vehicle used for public transportation purposes capable of carrying more than seven (7) persons, excluding vehicles used as commuter vans as defined by the Illinois motor vehicle code. Government police and fire vehicles falling within the size criteria set forth in this chapter, pickup trucks with class B designation, passenger vans with class B designation, and recreation vehicles not fitting within the above criteria shall not be considered commercial vehicles. COMMON OPEN SPACE: A parcel or parcels of land intended to provide light and air, and designed and intended for the common use or enjoyment of the residents or occupants of the development. COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis, or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. COMPREHENSIVE PLAN: The plan for the long range growth and development of the village including graphic and written proposals and supporting or implementing documents, as are adopted and amended from time to time. CONDITIONAL USE: A use that, owing to some unique characteristics attendant to its operation or installation, is permitted in a district subject to approval of the village board, and subject to special requirements, different from those usual requirements for the zoning district in which the conditional use may be located. CONTROL OR OWNERSHIP: Any person, agent, firm or corporation having a legal or Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 371 of 578 equitable interest in the property or having the legal authority to act on behalf of all owners, which shall be evidenced by deed, contract or other written guarantee. CUL-DE-SAC: A local street, one end of which is closed and consists of a circular turnaround. DAMAGE: Any direct loss of property by fire, windstorm, flooding or act of God. DAYCARE CENTER: A nonfamily home that regularly provides daycare for less than twenty four (24) hours per day for more than three (3) children. Daycare centers shal meet all applicable village, county and state regulations. DAYCARE HOME: A family home which receives more than three (3) and up to a maximum of twelve (12) children for less than twenty four (24) hours per day, provided the mix of the children's ages does not require an assistant pursuant to the Illinois department of children and family services' licensing standards for daycare homes. The maximum of twelve (12) children includes the family's natural, foster or adopted children and all other persons under the age of twelve (12). Daycare homes shall meet all applicable village, county and state regulations. DENSITY: The number of dwelling units permitted per acre of land excluding land area occupied by public or private streets. DETENTION: Refer to section 15.202 of this code. DEVELOPMENT: Refer to subsection 15.10313 of this code. DEVELOPMENT SCHEDULE: Refer to section 15.202 of this code. DEVELOPMENTAL DISABILITY: A disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or similar physical or mental conditions which are manifested in the early stages of life and expected to continue indefinitely. DIRECTOR: The "director of community development" as defined in section 15.202 of this code. DONATION BOX: An outdoor container or receptacle used for collecting donated household items such as clothing, shoes, and books. DRIVE-IN RESTAURANT AND DRIVE-IN FOOD ESTABLISHMENT: A food service Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 372 of 578 establishment with or without interior facilities for eating which caters to and permits the consumption of food either in customers' automobiles parked on the premises, or in any other designated area on the premises, outside the establishment where the food is prepared. DWELLING: A building, or portion thereof designed or used exclusively for residential occupancy. Not included are hotels, motels, rooming, boarding or lodging houses. Multiple -Family: A building, or portion thereof consisting of three (3) or more dwelling units. Single -Family, Attached: A building, structure or portion thereof containing three (3) or more attached single-family dwellings where the units are primarily connected horizontally. Single -Family, Detached: A building containing a single dwelling unit only, which is separated from all other dwellings by open space. Two -Family: A building consisting of two (2) dwelling units which have been attached. DWELLING UNIT: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate bathroom and facilities for cooking and sleeping. EASEMENT: Refer to section 15.202 of this code. FAMILY: One or more persons related by blood, marriage or adoption or a group of not more than five (5) persons not so related, maintaining a common household in a dwelling unit. FAMILY COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of no more than eight (8) unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. FAMILY HOME: The location, or portion of the location, where the person to be licensed as the primary caregiver in the daycare home resides and is domiciled. FENCE, AREA: A fence located immediately adjacent to a permitted patio, deck or similar accessory structure. FENCE, OPEN: A fence, including gates, designed and constructed with at least fifty Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 373 of 578 i�UU� II��uinlluIT `i �..„ U�°i .. ��Ulic� CI�i�wIIuIT �.�°U5 percent (50%) of its surface area as open space of uniform distribution, when viewed from a right angle. FENCE, PERIMETER: A fence located on or within six inches (6") of a property line. FENCE, SOLID: A fence, including gates, designed and constructed with greater than fifty percent (50%) of its surface area as opaque material of uniform distribution, when viewed from a right angle. FENCE/WALL: 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. FLOOR AREA: The sum of the gross horizontal area of all floors of a building, including principal an Ilu.::::.p„ accessory structures aiiid sterage areas as measured from the exteriorw.n.11..11..sfOOU2l pjnl. Floor area shall exclude: A. Areas used for storage of building, mechanical and HVAC equipment; „. Basements in single-family dwellings with a ceiling height less than three feet (3') as measured from the :�.G..!I .!L .IIh grade; D. Attic spaces in single-family dwellings with a ceiling height less than seven feet (7'); 2 Unen6l u'Cb U 2s' god ggogpli as definedin 1l11l 6hapU E 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. FLOOR AREA RATIO (FAR): Determined by dividing the number of square feet of floor area in all buildings on a lot by the square feet of area of that lot. FREE AND UNLIMITED PHYSICAL ACCESS: The existence of at least one unobstructed passageway from the second housekeeping unit to the entire remainder of the dwelling unit. To conform to this definition, the passageway may have a door, but the door shall not have any locking mechanism of any kind whether the lock is used or not. The passageway shall clearly permit all persons on the premises to have access to the entirety of the premises. A lock on a separate bedroom door within the second housekeeping unit shall be permitted pursuant to this definition. FRONTAGE: The narrowest portion of a lot or parcel which abuts a public street. Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 374 of 578 FULL CUTOFF FIXTURE: A luminaire, or light fixture, that allows no emission of light above horizontal. GARAGE: A structure designed to house motor vehicles and to store items and equipment necessary to maintain and keep up the primary structure and the property that it is located upon. GAZEBO: A freestanding roofed structure that is at least twenty five percent (25%) open sided and is designed for recreational use. GLARE: Light emitting from a luminaire that causes reduced vision or momentary blindness. GRADE: Refer to section 16.202 of this code. GREENHOUSE: A structure constructed primarily of glass or other translucent material which is devoted to the protection or cultivation of flowers or other plants. GROUP COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of nine (9) to fifteen (15) unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. GUARANTEE: A form of security, including cash escrow, letter of credit, or surety bond, acceptable by the village to assure that required improvements are completed, operating properly and/or adequately maintained. II R A 11101110 II a 11.........................................[gjj,ice ...................i. .........................0 ........i...11 ..............i......l.i..g..........1led to ..................................i...11...... .......... ... ................................... .a ...........i....11 .............0.....................0face. .......................... II2........!LS.O..o..5.11.....5.11'.IL..: HARDSHIP: A practical difficulty in meeting the requirements of this chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances. HEIGHT, BUILDING: Refer to section 21.501 of this code. HEIGHT, FENCE: The vertical distance as measured from .ii.9.R....grade level to the highest point of the fence, excluding the required drainage separation area as further defined in this chapter. HOME OCCUPATION: An accessory use conducted completely within a dwelling unit Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 375 of 578 and clearly incidental and secondary to the use of the dwelling for residential purposes. No home occupation or part of any home occupation shall be conducted in a garage. A home occupation may include a for profit home business or a home office for a resident who may work for another employer, or contract or consult with another company or individual. Any home occupation or home business is subject to the appropriate standards of this chapter. HOTEL/MOTEL/MOTOR INN: 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 maid service, linen service, telephone and desk service, and the use and upkeep of furniture. Said establishments shall exclude boarding or lodging houses, and apartment hotels. IMPERVIOUS SURFACE: Refer to section 16.202 of this code. IMPROVEMENT, PRIVATE: Refer to section 15.202 of this code. IMPROVEMENT, PUBLIC: Refer to section 15.202 of this code. IMPROVEMENTS: Refer to section 15.202 of this code. KITCHEN UNIT: Refer to section 21.501 of this code. f....4...11......11...11Il: ...IL.. : II:: ,uu uui iuiu ilhi lig II...uliu liilh uIliliIl 0.......................................................................................................................................................................................................................I L.....I L.............................0........................................................ V........g and cross Il )ra61n . gf Iruclu all sle6l. II....NI... W&I..... (;I...I...... The GIass�fuGatu0111 fu: and Use as dateFR41,19d gthe SinRnw 1....nR Use God.ii0 MaRUal°",Ilquir .a f...Il949l G.roads, depaFtmeRt Gf G0Mi'n91:Ge, 1965, as .0 9R ed c.ii: ....p .9....0 c:t......ii�c.II .11:i.:�.9....cc.5.9..........dete.rim.l w�. .....lp�s.......p .....5.ii.F9 k)11... f:...GGR4 R4 ilR II II 9V40Pw w i, IIf awe aIppipi i:eifat9 code 5 9RC) 9X�St w it "Staiiidard I. and Use ..C;�u'l5 LIGHT TRESPASS: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. LOT AREA: The horizontal area within the lot lines of a lot, measured in feet. LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection. LOT DEPTH: The average horizontal distance, measured in feet, between the front and rear lot lines. The distance shall be measured from the midpoint of the front lot line to the midpoint of the rear lot line. LOT, FLAG: A lot with access provided to the bulk of the lot by means of a narrow corridor. Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 376 of 578 LOT, INTERIOR: A lot other than a corner lot. LOT LINE: A recorded property boundary line of any single lot which divides one lot from another lot or from a right of way. LOT LINE, EXTERIOR: A recorded property boundary line which divides a lot from a road right of way. LOT LINE, FRONT: A recorded property boundary line separating the front yard from a road right of way. LOT LINE, INTERIOR: A recorded property boundary line which divides one lot from another lot. LOT LINE, REAR: A recorded property line boundary that does not intersect a front lot line and is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line. LOT LINE, SIDE: Any recorded property boundary line other than a front or rear lot line. LOT OF RECORD: A designated parcel of land identifiable as a single separate tract which is part of a subdivision, the plat or deed of which has been recorded or registered with the appropriate county office or the deed to which has been recorded or registered with the appropriate county office pursuant to 765 Illinois Compiled Statutes 205, and which is intended to be used, developed or built upon as a unit. LOT, THROUGH: Any interior lot which has a pair of lot lines along two (2) substantially parallel streets. LOT, UNIMPROVED: Any lot or tract of land which is unoccupied by any building or aboveground structure and upon which no construction has commenced. LOT WIDTH: The horizontal distance between side lot lines, measured in feet, at the required front setback line. LOT, ZONING: A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. The single tract of land may or may not coincide with a lot of record. LUMINAIRE: A complete lighting unit consisting of the lamp or lamps and ballast(s) together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. MANUFACTURING, HEAVY: The assembly, fabrication or processing of goods and Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 377 of 578 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. MASSAGE ESTABLISHMENT: Refer to section 11.3901 of this code. MINIWAREHOUSE: A storage or warehousing service within a building for individuals to store personal effects and for businesses to store materials for operation of an industrial or commercial enterprise elsewhere. But in no case may storage spaces in a miniwarehouse facility function as an independent retail, wholesale, business or service use. Spaces may not be used for workshops, hobby shops, manufacturing or similar uses. Human occupancy is limited to that required to transport, arrange and maintain store materials. A l . u' u� u n truclurilhhai lis II[.§gpp u±In . Ii h a liu .IIS .V..............................0......................................................................................................................................................................................................................V V.............................0.........................................................0........... Ihi a ft o f . sleell oi, coiiicii,ele aiiid a............. .i..............2E§) .. .......... ..u.......1... .0 21 . ............i. . tbg 12a: ypftcall co�locations often Ih have ari'ay§ gl nter a 2g§[�ons our ilhh iii. ..!I2..I..II,1 U ...IL..IC::0 0II: S...IL.. II: CAIh "II II Ih ...11...:A s t ru c I re s li uiim a u lo Ih) u I s iim a II IIe u I h a in a s h . u u .....0.......ILu......lh...s...0........i.........112.2.0 2.... 2L L.........0..."..lh..."..................II..I.I,,y...........................................J,2.... Ig i i Ih lh ll L................................................................................................ 9........:fi"..!IT.....:1.I'.......IL.!IT...n.:l.:. OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property. PARK: An area open to the general public and reserved for recreational, educational, cultural, or scenic purposes. PARK, COMMUNITY: A park by size, program, and location which provides space and Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 378 of 578 recreation activities for a defined service area or a significant geographic segment of the community. Such facilities may provide both outdoor and indoor recreational areas including open space, athletic fields, public pools, community centers, recreational centers, or similar uses and their related off street parking facilities. PARK, NEIGHBORHOOD: A park by size, program, and location which provides space and recreation activities for residents and businesses located within a one mile radius. Such facilities shall be limited to primarily outdoor recreation areas including open space, athletic fields, tot lots, public pools, or similar uses. PARKING LOT: Refer to section 15.202 of this code. and recreational vehicles, with primary access from a driveway. PARKWAY: Refer to section 15.202 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. `II n6u6u .. I gt nci Illiu lii to:: cal, ll . iiu . c un ni . duds. t ill . golpoog esti: o� c guy illi a a�� uteogioc used i, i Ilse used .t iu, iisim i u c iiv . ii -)ule L............................................................................................................................................................................................................................................ u vli r offer 16ecoimimun�callons services,as furflier defined in illi i 11 c u imunicallon act Y u u 11 Bu 11 u�li lilllii illi a n uli i Leri for ....................................................................................11......................................................................................................................................................................................................................I L.....I L................ L.......................................................................... "c II II lii "" liin u� linanc and tlher ffi6 11 c mems Coimimei,64l amoI,)He r li uv li c . un11 lcensed lin 11 a�ii . g,0,dcornimon cari er Wr6ess ex6hang,2rvvc . PETITIONER: Any person filing for any variation, conditional use permit, zoning amendment and/or appeal, change in the comprehensive plan and/or subdivision. PLANNED UNIT DEVELOPMENT: A parcel of land, or contiguous parcels of land of a size sufficient to create its own character which is planned and developed as a single entity, containing two (2) or more principal structures or uses, with appurtenant common areas and which is under single ownership or control. The plan does not necessarily correspond in lot size, bulk, type of dwelling, use, lot coverage or required open space to the site's designated zoning district classification. The site may be planned and developed as a whole in a single development operation or in planned development stages. PLANNING AND ZONING COMMISSION: Refer to section 15.202 of this code. Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 379 of 578 PLAT: Refer to section 15.202 of this code. PLAT, FINAL: Refer to section 15.202 of this code. PLAT OF SURVEY: Refer to section 15.202 of this code. PRINCIPAL BUILDING: A building or buildings in which the primary use on a lot on which the structure(s) is located is conducted. PRINCIPAL USE: The main use of land or structures, as distinguished from a secondary or accessory use. PUBLIC UTILITY: Refer to section 15.202 of this code. PUBLICLY NAVIGABLE WATERS: Refer to section 22.102 of this code. RECREATION CENTER: A building, buildings, or use of land operated on a profit basis, with or without membership requirements, for the provision of entertainment, sport, or health/exercise facilities directly to the consumer; including, and limited to, racquet facilities, swimming pool, exercise and weightlifting facilities, basketball courts, jogging track, sauna, whirlpool, suntan booth and accessory uses. RECREATIONAL EQUIPMENT: Every vehicle or other transportation equipment designed to be used primarily for recreational purposes, including, but not limited to, the following: Boat: Any vessel used for water travel. A trailer upon which a boat is mounted shall be deemed to be a boat for purposes of this chapter and when such a boat is maintained on a trailer the two (2) shall be considered as one vehicle. Camping Trailer: A trailer constructed with partial side walls which fold for towing and unfold to provide temporary living quarters for recreational camping or travel use and of a size or weight not requiring an oversize permit when towed on a highway. Motor Home, Mini -Motor Home Or Van Camper: A self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk-through access to the living quarters from the driver's seat. Such vehicles must include at least four (4) of the following: A cooking facility with an onboard fuel source; A gas or electric refrigerator; A toilet with exterior evacuation; A heating or air conditioning system with an onboard power or fuel source separate Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 380 of 578 from the vehicle engine; or A potable water supply system that includes at least a sink, faucet, and a water tank with an exterior service supply connection. Off The Road Vehicle: A vehicle intended principally for recreational off road use, such as a dune buggy, go-cart, ATV or snowmobile. Racing Car Or Cycle: A vehicle intended to be used in racing competition, such as a racecar, stock car or racing cycle. Travel Trailer: A trailer designed to provide living quarters for recreational, camping or travel use, and of a size or weight not requiring an oversize permit when towed on a highway. Truck Camper: A truck, not used commercially, when equipped with a portable unit designed to be loaded onto the bed which is constructed to provide temporary living quarters for recreational, travel or camping use. Vehicle Trailer: A vehicle without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. Other Recreational Equipment: Other wheeled items which are designed for recreational use but do not meet the exact definitions of items defined herein. RECREATIONAL VEHICLE TRAILER: A vehicle with or without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle, or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. REHABILITATION HOME: Any residential facility located in a dwelling, under federal, state or municipal licensing, which provides a home environment with room and board and recreational personal counseling or other rehabilitative services, generally of nonmedical nature, to not more than twenty five (25) individuals who require specialized assistance in order to achieve personal independence. A rehabilitation home is limited to mentally ill, chemically dependent, or alcohol dependent individuals and abused individuals. RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research investigation, testing or experimentation, development or research of products or of new and emerging technology, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory or as otherwise permitted in this chapter. Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 381 of 578 i�i� Il�e�euinlleuIT `i �..„ 2��°i .. ��lie� Cel�i�ewIleuIT �.�°i5 RESIDENTIAL CARE HOME: Any residential facility which under state or municipal licensing, provides a home environment with services or treatment to persons with certain physical, mental, or social disabilities while functioning as a single unit. A residential care home shall include the following: family care home, group care home, and rehabilitation home. ISESTA U I IN :p:: GLASS II (Go llFV. IIFtIGRaei S4...DGWR) re ae�l estagl� ls h m eRt w h uce fee5 and & Rk eine Il .iicelpare i and SeFV9d to be GGiFswrned at a ieb.i.e or ece11'4e11....GIR the qicerrFses.. eR...eeFee5. Ilgic04ar�u . GlIc UlDGIR a ()Rdb l OSabie eORta4lers ul ...eeFVeuR0 Of elleellhGke....beverages ...sha4 Ilse uRGdeRta�l ie ire eeFViRg ef...4)e ., ISESTA U P4AII :p:: G LA 9S II IL. -(p pub)!. u2e�� a�e l e �t.ab Isllh'n9Rt where both ...toe d... -a d iuqueu2..e.re Il911epeu e all'id Served ie be eeuFeeue OR ffew�eeG and seue' p4ueu ui �11'1 C)112 epeu; 11'1911'16spossab1e....e .R.t.a. iF.e.0 .. ISI S I U II II :p:: GLASS II IIL. (Takeout)!....a e���� 4 eet�e�bksh erit Il:iere food Is preparedawed seFved gi204aruwR bel9()Sabe eeu')ie ReFS fe.12. eeRSew ptk)IR eff...premb;es.,, ::: I �L....SI U 4A N T , 0 LS S IIS SII t I ). A reteui eetellqll�ehweR It W Il;eue dee d ewe d d w�uFll4 � Ilii epeu e all'id Served pFuinarfly uR OF ePeR 6epeeebie ee44uRew feu eeR6eupi4uF e�ilheu GIF 91: ...e#...pFe.ii ..ii..s.es.. RESUBDIVISION: The division or consolidation of a previously divided lot or parcel; including alteration of public rights of way, easements and other changes of the subdivision. RETAIL ESTABLISHMENT: Any building or use where the primary occupation is the sale of merchandise and services directly to and for use by consumers, except not institutional, commercial and industrial consumers or for resale. RETAINING WALL: A freestanding structure designed and constructed to support a mass of earth or resist lateral earth pressures. RETENTION (WET BOTTOM): Refer to section 15.202 of this code. RIGHT OF WAY: Refer to section 15.202 of this code. SENIOR HOUSING: Housing in which all dwelling units are intended, designed, maintained, and operated exclusively for occupancy by persons sixty two (62) years of Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 382 of 578 age or older. SHED: Small accessorybuilding,,, Il u . u Ilh ain ain i u Sto . gIh2 u i whether or g. 0............................................................................................................................................0........................ not placed on a permanent foundation, that is designed to store household items and equipment necessary to maintain and keep up the primary structure and the property that it is located upon. SHOPPING CENTER: A business development containing four (4) or more indoor retail stores, connected by party walls, developed under one ownership, with an integrated building arrangement having an aggregate floor area of more than twenty thousand (20,000) square feet, which developed with its off street accessory parking facilities shall be considered as a single unit. Shopping centers shall include all retail sales and service facilities except drive-in and/or automotive sales and service. SHOPPING CENTER, REGIONAL: A business development containing ten (10) or more indoor retail stores connected by party walls and developed under one ownership, with an integrated building arrangement, having an aggregate floor area of more than one hundred thousand (100,000) square feet and located on a lot at least twenty (20) acres in size with off street accessory parking facilities. The development shall be considered as a single unit. 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. SITE PLAN: Refer to section 15.202 of this code. SOLAR ENERGY CONVERSION SYSTEM: A solar photovoltaic device that converts solar energy into electricity or mechanical energy that can be used to power machinery, appliances, or generators. STOOP: A platform at the entrance to a building with a maximum dimension of eight feet (8') in width and five feet (5') in depth. STREET: Refer to section 15.202 of this code. STRUCTURAL ALTERATIONS: Any change in the supporting members of a structure, including bearing walls, columns, beams and/or girders. Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 383 of 578 STRUCTURE: Refer to section 15.202 of this code. S...IL..II: 11 ...IL..u1II: II:MOUI14...IL..II: 11:::1 II A structureamounited antenna is .t ................��III...I .I L ....... ............................................ n structures nnnlh as nlreeHli . II1In [Lgff1n g[eL I [s gjlilllty gigs gu]d nudes and roofs... 2.:f....II')..L.ILU....m�i, SII IIRi1II i1M uI tuu.s.tu.su .F tllrt n o t g Eun g u2 2 01lly IIt.F II..F a ffix.F n the SII it lis or Ilr r�:r it lig untended t II II . SUBDIVISION: Refer to subsection 15.103A of this code. TAVERN: For purposes of the zoning ordinance only, a tavern is a building or portion of a building where alcoholic beverages are sold to be consumed on the premises. Such facilities would not include restaurants where the principal business is serving food. TERRACE: A landscape treatment of mounded earth, rock wall, railroad tie wall, or other retaining device used to modify steep grade differences on a lot. A terrace shall not include a patio or deck surface. THEATER: Any building or structure designed for the enactment of dramatic or of musical performances and/or showing of motion pictures with audience seating and open to the general public without age restrictions. A dinner theater shall be deemed a restaurant. TRELLIS- A decorative feature, linearly constructed of latticed or patterned materials, often used to support climbing plants, that is no more than 25 opaque. 112.!IT..1.2.11"d.L tu, lllllin n used to s0122i 2 n nn null nllnuntn nggb nn 12M912 nn . n u- Iles nn n ll tu'nu n nll null unit Il ,)e con§dered to ll ll lin n tau Ill nr u n n n t Ill u . r�llntli nn r�tlllin 'lion S ctli it ................................................................................................................................................................................................................... I L............... I L...............................................................................L...................................................................................................................................................... 14 319 of..:ltIh1ii.....II1..d.1.:t.2.IC.: TRUCK TERMINAL: Either end of a carrier line orjunction joint with other lines having classifying yards or dock facilities, management offices, storage sheds and freight and passenger stations for state licensed trucks. UNENCLOSED PORCH: A roofed, open structure, without walls, screens, or windows, attached to and part of a structure, with direct access to and from the structure. Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 384 of 578 UNIFORMITY RATIO: The average or maximum level of illumination in relation to the lowest level of illumination for a given area. U I14 .... II II: ILII: II: :SII: If.... II: Ss u u .. u l ..Al..[lh i ........IL...0 ..i ......................................................................................................................................0.... u] 2 �c imam fregggo2gs 900,bgl , ou, a2ggd ung federa11 c u rnunicatlon c u u li li a :: Il cense for a6Ih c6II i1e. UNPERMITTED SECOND HOUSEKEEPING UNIT: Any living quarters, located in a single-family residential zoning district that: A. Is within the walls of another dwelling unit or physically connected to a detached single-family home; and B. Contains its own kitchen unit that is in addition to the main kitchen unit in the residence; and C. Does not have free and unlimited physical access to the remainder of the dwelling unit. � II II � II�IIIIIIIII� � �II�IIIIIIIII�A use un l Illi sled as a jerimllled use, &je64l use or con6llonall use wltlhln USE: Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied. Also, any activity, occupation, business or operation carried on, or intended to be carried on, in or on a structure or on a tract of land. VARIATION: A dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property which, because of unusual or unique circumstances, is denied by this code. VEHICLE TRAILER: A wheeled vehicle, including a recreational vehicle trailer, without its own motor power, that is designed to transport any material, object or objects and that is designed so that it is eligible to be licensed or registered for highway use. VILLAGE: The village of Mount Prospect. VILLAGE MANAGER: Refer to section 15.202 of this code. WAREHOUSE, STORAGE: A business that receives and stores goods of others for compensation or profit. h....l II II: II ...IL..II: II II [l,J i n rod 1lh a Ih,)eaiims and urec6 v ali I u� � II II li u � i li u 0........................................................................................................... WHOLESALE ESTABLISHMENT: Any building, business or use where the primary occupation is the sale of merchandise in gross for resale to the retail dealers and/or use or resale of merchandise by institutional, commercial, and/or industrial businesses. Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 385 of 578 WIND ENERGY CONVERSION SYSTEM: An apparatus for converting the energy available in the wind to electricity or mechanical energy that can be used to power machinery, appliances, or generators. YARD: The required minimum open space on a lot between a lot line and building setback line which is unoccupied and unobstructed from grade upward, except as provided in the general provisions of this chapter. Exterior Side: A side yard abutting a street. Front: A yard extending along the full width of the front lot line between the side lot lines and the front building setback line. Interior Side: A side yard adjacent to another lot or tract of land. Rear: A yard extending along the full width of the rear lot line between the side lot lines and the rear building setback line. Side: A yard extending along the side lot line from the front yard to the rear yard and measured between the side lot and building setback line of the property. ZONE: A mapped area of the village of Mount Prospect, exclusive of streets, alleys and other public ways, within which certain uses of land, premises and buildings are permitted when constructed and used in accordance with this code. (Ord. 5253, 5-21- 2002; amd. Ord. 5290, 11-19-2002; Ord. 5304, 2-4-2003; Ord. 5380, 11-4-2003; Ord. 5426, 4-20-2004; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013; Ord. 6147, 7-15-2014) Copied 11/18/15 Village Board Meeting - December 6, 2016 Page 386 of 578 Updated November 17, 2016 Article III PUBLIC STREETS AND SIDEWALKST:i ir 9.303: OPENINGS: ... SIDEWALK9.305: PRIVATE USE: 9.306: PROHIBITED ACTS: 9.307: COMMERCIAL USE OF SPACE,P F R (REP. BY ORD. 5313, 3-18-20 9.308: EXISTING OBSTRUCTIONS WITHIN SIGHT TRIANGLES; VIOLATIONS; 9.301: CONSTRUCTION SPECIFICATIONS. ' �� 121 All street, sidewalk and alley pavement shall be constructed in conformity with the specifications as detailed in chapter 1, article III of this code. (Ord. 5253, 5-21-2002) 9.302: OBSTRUCTIONS AND ENCROACHMENTS REGULATED: 'Z I12 It shall be unlawful for any person, firm or corporation to erect, construct, cause, create or maintain any obstruction or encroachment on any street, alley, sidewalk, any other public right of way or on any public property except as such obstruction or encroachment may be authorized by this section, by special permit under section 14.311 of this code or by any other ordinance or provision of this code. A. Encroachments Prohibited: 1. It shall be unlawful for any person to install, construct or maintain any "encroachment" (as defined in section 9.201 of this chapter) within the roadway right of way of Golf Road, as improved, by the state of Illinois, division of highways, between Mount Prospect Road and the westerly corporate limits of the village, under the project known as Golf (Evanston -Elgin) Road (FA Route 58) SBI state section 582-R and 582-R.1. 2. It shall be unlawful for any person to erect or cause to be erected, to retain or to be retained, any "encroachment" (as defined in section 9.201 of this chapter) within the existing rights of way at the intersection of U.S. Route 14 (FAP Route 20) and Central Road (FAS 124), state section 27 -CS. 3. It shall be unlawful for any person to erect or cause to be erected, to retain or to be retained, any "encroachment" (as defined in section 9.201 of this chapter) Village Board Meeting - December 6, 2016 Page 387 of 578 Updated November 17, 2016 within the roadway rights of way of Illinois Route 83, (FAS Route 124) as improved, by the state of Illinois, division of highways, between Evergreen Avenue and Central Road (FAS Route 128) in the village, under the project known as Mount Prospect section 44 -CS, MFT. 4. It shall be unlawful for any person to erect or cause to be erected, or to retain or cause to be retained, any "encroachment" (as defined in section 9.201 of this chapter) within the roadway rights of way of Euclid Avenue throughout the jurisdiction and the corporate limits of the village as said Euclid Avenue is improved by the state of Illinois, division of highways, in the village, under the project known as "Section 111-0608-M.F.T.". 5. It shall be unlawful for any person to erect, or cause to be erected, install or maintain any "encroachment" (as defined in section 9.201 of this chapter) within the roadway rights of way of Route 45 (River Road) at its intersection with Willow Road and Kensington Road (Foundry Road), under project FAP Route 124, state section 1983-028N, village section 83 -00076 -00 -TL. 6. It shall be unlawful for any person to erect, or cause to be erected, installed or maintained any "encroachment" (as defined in section 9.201 of this chapter) within the roadway right of way of Route 83 (Elmhurst Road/Main Street) between Northwest Highway and Camp McDonald Road, under project FAP Route 872, state section (9713 and 3192) RS -83, village section 83 -00075 -00 -TL. B. Mailboxes As Exceptions: United States postal service approved mailboxes are permitted within a public right of way under the following conditions: 1. The front face of the mailbox, once mounted, shall be twelve inches (12") from the back of the curb, or if no curb is present, shall be twenty four inches (24") from the road pavement. 2. The distance from grade to the bottom surface of the mailbox shall be forty eight inches (48"). 3. The mailbox may be mounted on a mounting structure of the following sizes and materials, and no others: a. A wood post of which the area of an average cross section may not be more than sixteen (16) square inches. b. A metal post not more than two and one-half inches (21/2") in outside diameter. 4. Permitted mounting structures may be affixed to a concrete slab; if said slab does not exceed the existing grade in height and is not larger than twenty four inches by twenty four inches (24" x 24") square and eighteen inches (18") deep. Village Board Meeting - December 6, 2016 Page 388 of 578 Updated November 17, 2016 5. Residents should take all necessary precautions to prevent damage to any existing utilities located in the parkway. 6. Any nonconforming mailbox or mailbox mounting structure shall be brought into compliance with the terms of this subsection B within twelve (12) months of its adoption. C. Entrance Markers As Exceptions: Entrance markers privately owned, maintained, and installed on public rights of way in existence on October 1, 1997, as set forth on a schedule kept by the village clerk, shall be considered an exception to the prohibited encroachments, subject to: 1. The entrance marker shall be maintained by and at the sole expense of the homeowners or business owners whose property or subdivision is delineated by the entrance marker. 2. No entrance marker located solely on a public right of way may be expanded in any manner. Work on such entrance marker shall be limited to maintaining the entrance marker in a state of good repair consistent with the very same design and structure as existed on October 1, 1997. 3. No existing landscaping planted as part of an entrance marker shall be permitted that violates the regulations governing sight obstructions as defined in section 9.30E of this article. All new landscaping within the public right of way, including the replacement of existing landscaping, shall be subject to the restrictions contained in section 9.709 of this chapter. 4. If an entrance marker is damaged, the village may assist the appropriate association, neighborhood or subdivision representative in obtaining reimbursement for repair or replacement. 5. In the event an entrance marker on the public right of way falls into disrepair, the village may, in its sole discretion, declare the entrance marker a nuisance which may be abated in the manner provided by law. Notice of the declaration of a nuisance may be given by posting the entrance marker for five (5) consecutive days with a sign stating the village's intent to remove the entrance marker. In order to repair an entrance marker, a permit must be obtained from the village. D. Use Of Streets For Building Purposes: 1. It shall be unlawful to cause an excavation to be made in a street, parkway or alley, or to occupy any portion of any street or alley for the storage of building materials intended for use in the construction or remodeling of a building or structure unless a street obstruction permit has first been obtained from the director of community development. The permit shall terminate upon the completion of the building. Village Board Meeting - December 6, 2016 Page 389 of 578 Updated November 17, 2016 2. No such building material shall be so placed as to render inaccessible any fire hydrant, water valve, manhole or obstruct the natural water drainage of any street, nor shall more than one-half (1/2) of the width of the street immediately in front of the property be so obstructed. The extent of the use of the streets or alleys for this purpose shall be at the discretion of the director of public works. 3. It shall be unlawful to mix mortar, concrete or any other materials upon the surface of sidewalks or street pavement. 4. Any person to whom a street or alley obstruction permit is issued shall place sufficient lighted warning lanterns and barricades as determined by the director of public works clearly showing any excavation or pile of material to the public, and shall maintain such lanterns during the whole of every night for as long as the street is used for storage of any material. Such warning lanterns and barricades shall also be maintained in connection with the moving of a building. 5. As determined by the director of public works, any person who shall cause any excavation to be made in any street, parkway, alley or within six feet (6') of a street, sidewalk or alley shall erect and maintain a substantial barricade railing around same and place sufficient light warning lanterns clearly showing the barricade to the public and maintain them during the whole of every night for as long as excavation exists. 6. In the event that sufficient warning lanterns are not provided or properly maintained around such material, excavation or building that is being moved, the department of public works may place and maintain the required lanterns, charging for this service at the rate set forth in appendix A, division II of this code. This charge shall be deducted from deposits as required in subsection 15.E02C of this code. E. Other Obstructions: 1. Drains: It shall be unlawful to obstruct any drain in any public street or alley. 2. Poles And Wires: It shall be unlawful to erect any poles or wires or maintain any poles or wires over any public street, place, alley or other public way without having first secured permission from the director of public works. 3. Gas Pumps: It shall be unlawful to maintain or erect any gasoline pump or tank in any public street, alley or sidewalk. F. Street Obstruction Permit Fees; Deposits: No street, alley, parkway or other public property shall be obstructed without a special permit first having been secured from the director of community development. Village Board Meeting - December 6, 2016 Page 390 of 578 Updated November 17, 2016 1. The fee for such street, alley or parkway obstruction permit shall be as set forth in appendix A, division II of this code. 2. Upon the discontinuance of the use of such street, alley or parkway, the amount due for the special obstruction permit shall be deducted from the deposit and the difference returned. 3. The validity of such permit shall not exceed ninety (90) days after the date of issuance of same. 4. Said permit may be renewed for an additional thirty (30) days with the approval of the director of community development, and in such event the applicant shall pay an additional fee as set forth in appendix A, division II of this code. 5. The permit fee for the opening of a street, sidewalk or alley for the purpose of making connections to the sewer, water, gas or electric piping shall be as set forth in appendix A, division II of this code. (Ord. 5253, 5-21-2002) 9.303: OPENINGS: Z IC-] It shall be unlawful to construct or maintain any opening or stairway in any public street or alley or sidewalk or other public place without a permit from the director of community development and director of public works. All such lawfully maintained openings shall be guarded by a suitable strong cover or railing, to the approval of the director of community development and director of public works. (Ord. 5253, 5-21-2002) 9.304: DRIVEWAY II"III'' IIIIIII'°IIII III II II'°IIII Y ! IU It shall be unlawful to construct or maintain any driveway gip„ 'p„iii „ ai§ 511 p„ p1 in or across any public walk in the village where this necessitates any interference with or change in the grade of any public sidewalk, curb or parkway without having first obtained a permit from the director of community development as detailed in chapter 15 of this code. All driveways o..p„� gipii „ 5ii „11 5p p„� ,0, shall be constructed in conformance with the construction specifications detailed in section 16.306 of this code. The fee for such permit shall be as required in section 15.803 of this code, and as set forth in appendix A, division II of this code. It shall be the responsibility of the owner of the property which the driveway or......pjve cul... serves to maintain said driveway g,L L„ ,........................... „ 5ii „11 5p p2,0,. Maintenance responsibilities include, but are not limited to, the following: A. Keeping the drv.eway.5p. ,22 pavement in good repair. B. Keeping theu2li 9 g112[ -p ,p , free from snow and ice or any obstruction. Village Board Meeting - December 6, 2016 Page 391 of 578 Updated November 17, 2016 C. Keeping any culverts underneath the rvewaYg Il p„ p in good repair and free of any debris. (Ord. 5253, 5-21-2002) 9.305: PRIVATE USE: T' ..- 12 It shall be unlawful for any person to use any street, sidewalk or other public place as space for the display of goods or merchandise; or to write or mark any signs or advertisements on any such pavement; or for any other commercial purposes, except where such private use is authorized by special permit under section 14.311 of this code. (Ord. 5253, 5-21-2002) 9.306: PROHIBITED ACTS: Z 111 A. Damage To Pavements: It shall be unlawful to walk upon or drive any vehicle or animal upon, or damage any newly laid street or alley pavement while the same is guarded by a warning sign or barricade; or to knowingly injure any street, sidewalk or alley pavement. B. Deposits On Streets: It shall be unlawful to deposit on any street, any material which may be harmful to the pavement thereof, or any waste material, or any glass, or other articles which may cause injury to any person, animal or property. C. Deposits On Sidewalks: It shall be unlawful to deposit on any public sidewalk any material, which may be harmful to the pavement thereof, or any waste material, or any glass or other articles which might cause injury to persons, animals or property. Merchandise or other articles may be deposited on sidewalks preparatory to delivery, provided that the usable width of the sidewalk is not thereby reduced to less than four feet (4'); and provided that no such article shall remain on such walk for more than one-half (1/2) hour. (Ord. 5253, 5-21-2002) 9.307: COMMERCIAL USE OF SIDEWALK SPACE, SPECIAL PERMIT: � C (Rep. by Ord. 5313, 3-18-2003) 9.308: EXISTING OBSTRUCTIONS WITHIN SIGHT TRIANGLES; VIOLATIONS; HEARINGS: Zi 1111 After December 1, 1992, no berming, planting of evergreens or shrubs, or placement of any objects on public property along a street shall be permitted, except as authorized elsewhere in this code. It is recognized, however, that certain existing plantings and berms may be retained on public property. The following regulations shall apply to those obstructions installed or constructed prior to, and which remain: Village Board Meeting - December 6, 2016 Page 392 of 578 Updated November 17, 2016 A. Sight Triangle Determined: 1. Stopping Sight Distance: Adequate visibility is to be provided along the approaches of two (2) streets at an intersection and across their included corners for a distance sufficient to allow drivers, approaching simultaneously, to see each other in time to prevent a collision. Stopping sight distance is the sum of the distance traversed by a vehicle from the instant the driver sights an object necessitating a stop to the instant the brakes are applied and the distance required to stop the vehicle from the instant brake application begins. Factors include the vehicle speed, reaction time of the driver, friction factor between tires and roadway, and grade of the roadway. The stopping sight distance shall meet the requirements of the following equation: SSD = 1.47*V*t + (V2)/[30(f.g)] SSD = stopping sight distance, feet V = vehicle speed, mph t = reaction time, sec f = friction factor g = grade on the approach, decimal equivalent The equation comes from "A Policy On Geometric Design Of Highways And Streets", AASHTO. Using the above equation, the following table depicts stopping sight distances. Assumptions include t = 2.5 sec, f = 0.5, level terrain, eye height of 3.5 feet, object height of 4.25 feet, passenger cars only and dry pavement. When able to be obtained, the vehicle speed shall be the measured 85th percentile speed. Else, the posted speed limit is to be used. Village Board Meeting - December 6, 2016 Page 393 of 578 Stopping Vehicle Sight Speed Distance (mph) Feet 20 100 25 130 30 170 35 210 40 250 45 300 50 350 Village Board Meeting - December 6, 2016 Page 393 of 578 Updated November 17, 2016 Longer stopping sight distances may be required for locations which deviate from these assumptions. For special circumstances, the appropriate stopping sight distance shall be determined using "A Policy On Geometric Design Of Highways And Streets" as a guideline along with the approval of the director of public works. 2. Intersection Sight Distance: Adequate visibility is to be provided for a driver to make a safe departure from a stopped position on the minor street and complete the turning maneuver onto or travel through the major street. Intersection sight distance is the distance measured along the major street of the driver's visibility of traffic conditions along the major street when stopped on the minor street. The stop position of the driver is a point four feet (4') behind the stop bar or four feet (4') behind the stop sign or closest traffic signal if a stop bar is not present. The intersection sight distance shall meet those requirements shown on the following table: Speed Intersection On Major Sight Street Distance (mph) Feet 20 230 25 300 30 380 35 480 40 590 45 710 50 840 55 990 The intersection sight distances are derived from "A Policy On Geometric Design Of Highways And Streets", AASHTO. Assumptions include level terrain, two (2) lane major street, stop control on minor street, eye height of 3.5 feet, object height of 4.25 feet, passenger cars only and dry pavement. When able to be Village Board Meeting - December 6, 2016 Page 394 of 578 Updated November 17, 2016 obtained, the vehicle speed shall be the measured 85th percentile speed. Else, the posted speed limit is to be used. Intersection sight distances shall be interpolated for speeds that are not indicated on the above table. Longer intersection sight distances may be required for locations which deviate from these assumptions. For special circumstances, the appropriate intersection sight distance shall be determined using "A Policy On Geometric Design Of Highways And Streets" as a guideline along with the approval of the director of public works. 3. Sight Triangle: At an uncontrolled or yield controlled intersection, the legs of the triangle shall be the minimum stopping sight distance for each street. The measurement along the street shall commence at the edge of the travel lane on the cross street closest to the approaching vehicle and be measured along the center of the travel lane for which the stopping sight distance applies. At a stop controlled or signalized intersection, the leg of the triangle along the major street shall be the minimum intersection sight distance. The measurement along the major street shall commence at the edge of the travel lane on the minor street closest to the approaching vehicle and be measured along the center of the travel lane for which the intersection sight distance applies. For multilane major streets, the through lane closest to the centerline shall apply as the travel lane for approaching vehicles to the right of the minor street and the curb lane shall apply as the travel lane for approaching vehicles to the left of the minor street. The leg of the triangle along the minor street shall be the distance from the edge of the travel lane on the major street closest to the vehicle on the minor street to a point four feet (4') behind the stop bar or four feet (4') behind the stop sign or closest traffic signal if a stop bar is not present. The measurement shall be made along the center of the travel lane on the minor street. At the intersection of a street and driveway the leg of the triangle along the major street shall be the minimum intersection sight distance. The measurement along the street shall commence at the edge of the driveway closest to the approaching vehicle and be measured along the center of the travel lane for which the intersection sight distance applies. For multilane streets, the through lane closest to the centerline shall apply as the travel lane for approaching vehicles to the right of the driveway and the curb lane shall apply as the travel lane for approaching vehicles to the left of the driveway. The leg of the triangle along the driveway shall be the distance from the edge of the travel lane on the street closest to the vehicle on the driveway to a point ten feet (10') from the pavement edge of the street. The measurement shall be made along the center of the d riveway. 4. Definitions: For the purposes of determining intersection sight distances and sight triangles, the following definitions shall apply: Village Board Meeting - December 6, 2016 Page 395 of 578 Updated November 17, 2016 MAJOR STREET: The cross street to a vehicle stopped at an intersection. MINOR STREET: The roadway on which a vehicle is stopped at an intersection. B. Sight Triangles Regulated: Within a sight triangle, the area from three feet (3') to six feet (6') above the top of the curb, or edge of the pavement on a street with no curbs, shall be kept free and clear of any obstruction. A single stemmed tree shall be considered to be an obstruction only if its trunk, as measured six inches (6") above the ground exceeds three inches (3") in diameter and the lowest growth from its branches is lower than six feet (6') above the top of the curb or edge of the pavement. An obstruction within a sight triangle that is identified by village staff or a resident as being unsafe shall be inspected by the director of public works according to the standards in this section. If the director of public works determines that the planting or berm constitutes a sight obstruction, a written order to prune or remove the obstruction shall be served on the property owner by regular mail. If the obstruction is not eliminated or an appeal filed within thirty (30) days of such notice, the village reserves the right to cause such obstruction to be pruned, modified or removed and to bill the owner for the cost of the work. A property owner may appeal the order to prune or remove by filing with the director of public works a written request for review by the village transportation safety commission. The request for review must be filed within thirty (30) days of mailing of the order. The decision of the transportation safety commission shall be binding unless appealed to the president and board of trustees of the village by filing a written notice of appeal with the village manager within fourteen (14) days of the transportation safety commission's decision. In any hearing before the transportation safety commission or review by the president and board of trustees, it shall be the burden of the person desiring to keep the planting, berm or object to prove by clear and convincing evidence that such does not constitute a sight obstruction. The inquiry of the transportation safety commission and/or the president and board of trustees shall be limited to: 1. Whether the plantings or berms violate a regulation of article VII of this chapter; or 2. Whether the plantings, objects or berms actually limit the view of motorists, cyclists or pedestrians. For regulatory purposes, the sight triangle shall not include private property. Village Board Meeting - December 6, 2016 Page 396 of 578 Updated November 17, 2016 C. Assumption Of Risk: Any berming or any planting or keeping of evergreen trees or shrubs, or objects on public property, a right of way or easement is done at the risk of the adjacent property owner. The village shall not be responsible for the replacement of any planting or berm or repair of any object of any kind or nature maintained by any person or private property owner within a public right of way or easement. Additionally, by the act of berming, planting or keeping of evergreen trees or shrubs or placement of any object on public property the person so doing covenants and implies consent to defend and hold the village harmless against any claims by any party for damages or injury that allegedly resulted from the evergreen trees, shrubs, berms or objects. (Ord. 5253, 5-21-2002; amd. Ord. 5867, 7-19-2011). Village Board Meeting - December 6, 2016 Page 397 of 578 UPDATED November 17, 2016 Article II RULES AND DEFINITIONS'Z U 15.201: RULES: 15.201: RULES 'I C The following rules of construction apply to the text of this chapter: A. Words used in the present tense shall include the future, and the words used in the singular number shall include the plural number, and the plural the singular. B. The word "shall" is mandatory and not discretionary. C. The word "may" is permissive. D. The word "person" includes an individual, partnership, firm, corporation, association, or other legal entity. E. In the case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control. F. Terms not herein defined shall have the meanings customarily assigned to them, or, if questioned, as defined in Webster's unabridged dictionary. (Ord. 5253, 5-21- 2002) 15.202: DEFINITIONS:'I= The following definitions shall apply in the interpretations and enforcement of this chapter: ABUTTING: Having a common border with, or being separated from such a common border by a right of way, alley or easement. ADMINISTRATIVE SUBDIVISION: A subdivision that may be approved by the director of community development and does not require a public meeting before the planning and zoning commission or approval by the board of trustees. ALLEY: A public or private way permanently reserved as a secondary means of access to abutting properties. APPLICANT: The property owner or his/her authorized representative proposing that a Village Board Meeting - December 6, 2016 Page 398 of 578 UPDATED November 17, 2016 parcel of land be subdivided, developed, rezoned, and/or receive approval for a conditional use, text amendment, exception, variation or change in the comprehensive plan. BLOCK: Refer to section 14.2401 of this code. BUILDING: Refer to section 21.501 of this code. BUILDING DIVISION: The building division of the department of community development. BUILDING PERMIT: A permit issued by the village of Mount Prospect for the construction of any building, development, site improvement or maintenance. BUILDING SETBACK LINE: See definition of Building Line in section 14.2401 of this code. CCHD: The Cook County highway department. CERTIFICATE OF COMPLETION: The certificate issued by the director of community development which permits the use site construction (excluding construction of a new building), or of minor remodeling of an occupied building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit. CERTIFICATE OF OCCUPANCY: The certificate issued by the director of community development which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit. CHARITABLE ORGANIZATION: Any not for profit corporation, association or foundation organized and operated exclusively for charitable purposes that qualifies for tax exemption status under section 501(c)(3) of the internal revenue code. COMPREHENSIVE PLAN: Refer to section 14.2401 of this code. CONTROL OR OWNERSHIP: Any person, agent, firm or corporation having a legal or equitable interest in the property or having the legal authority to act on behalf of all owners, which shall be evidenced by deed, contract or other written guarantee. CUMULATIVE: The summation of work performed since this ordinance became effective. DAMAGE: Any direct loss of property by fire, windstorm, flooding, vandalism, accident Village Board Meeting - December 6, 2016 Page 399 of 578 UPDATED November 17, 2016 or act of God. DEDICATION: A plat that designates an area of land for public uses. DENSITY: Refer to section 14.2401 of this code. DEPARTMENT OF COMMUNITY DEVELOPMENT: The department of community development of the village of Mount Prospect. DEPARTMENT OF FINANCE: The department of finance of the village of Mount Prospect. DEPARTMENT OF PUBLIC WORKS: The department of public works of the village of Mount Prospect. DETENTION (DRY STORAGE): The temporary on site storage of stormwater runoff, which does not include any permanent water surface. DEVELOPMENT: Refer to subsection 15.103B of this chapter. DEVELOPMENT CODE: The "village of Mount Prospect development code" including this chapter and chapters 14 and 16 of this code. DEVELOPMENT PLAN: The documentation, both written and diagrammatic, which sets forth the improvements proposed for any given or proposed subdivision or resubdivision. DEVELOPMENT REGULATIONS: Those regulations pertaining to development. Refer to section 15.401 of this chapter. DEVELOPMENT SCHEDULE: A specific construction program detailing the phases, stages and timing of a construction project. DIRECTOR OF COMMUNITY DEVELOPMENT: The director of community development of the village of Mount Prospect, or the director's duly authorized agent(s). DIRECTOR OF FINANCE: The director of finance of the village of Mount Prospect, or the director's duly authorized agent(s). DIRECTOR OF PUBLIC WORKS: The director of public works of the village of Mount Prospect, or the director's duly authorized agent(s). II &h.... II:: Il hat gu,fi n of a p g E�. II I for Hiemoveimenl of v6hI6es II &h.... II: Ih: II II Jh,a t 22 'fi n of a dijve aI§e IIocated on a Ih s 11 li c J,2,h2 ,h f vvgy, Village Board Meeting - December 6, 2016 Page 400 of 578 UPDATED November 17, 2016 11 1V11: Y A 2gypd sgqaceused for access .t a §ngIg���fgu'nHy lidenL 11 2u,ope u I11 I C -:...!1'.1L'2' .'!.....1... gy': II: II 11: 11hat Dorfiion sof a diJvewav IIocaled in His iiDuLflkc irlaIhl ofwav. DWELLING: A building, or portion thereof, designed or used exclusively for residential occupancy. Not included are hotels, motels, rooming, boarding or lodging houses. EASEMENT: An authorization or grant by the property owner of one or more of the property rights for the use by another person or entity for a specific purpose. EXCEPTION: A dispensation permitted as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property which, because of unusual or unique circumstances, is denied by this code. FIRE CHIEF: The fire chief of the village of Mount Prospect or the fire chief's duly authorized agent(s). FRONTAGE: The narrowest portion of a lot or parcel which abuts a public street. GUARANTEE: A form of security, including cash escrow, letter of credit, or similar instrument acceptable by the village to assure that required improvements are completed, operating properly, or adequately maintained. HARDSHIP: A practical difficulty in meeting the requirements of this chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances. IDOT: The Illinois department of transportation. IMPROVEMENT REGULATIONS: Those regulations pertaining to improvements to a property. Refer to this chapter. IMPROVEMENTS: Any building, structure, object or change to the natural state of the land on which they are situated which increases its utility, value, or habitability. Private: Any such improvement for which the responsibility of ownership and maintenance will be retained by the property owner, lessee, or association of owners. Public: Any such improvement for which the responsibility of ownership and maintenance will be assumed by the village, another governmental unit, or a public utility, or which is constructed for general public use or benefit. INSTITUTIONAL: Any public or private school, library, hospital, church, or any other place of public assembly. Village Board Meeting - December 6, 2016 Page 401 of 578 UPDATED November 17, 2016 LOCAL GOVERNMENTAL BODY: Any of the following governmental bodies: county, township, municipality, municipal corporation, school district, forest preserve district, park district, fire protection district, sanitary district, library systems and all other local governmental bodies. LOT, CORNER: Refer to section 14.2401 of this code. LOT DEPTH: Refer to section 14.2401 of this code. LOT, FLAG: Refer to section 14.2401 of this code. LOT, INTERIOR: Refer to section 14.2401 of this code. LOT LINE: Refer to section 14.2401 of this code. LOT (LOT OF RECORD): Refer to section 14.2401 of this code. LOT, THROUGH: Refer to section 14.2401 of this code. LOT, UNIMPROVED: Refer to section 14.2401 of this code. LOT WIDTH: Refer to section 14.2401 of this code. MWRD: Metropolitan water reclamation district of greater Chicago. MAINTENANCE: Refer to subsection 15.103D of this chapter. NET ACRE: The total land area remaining on a development site after all rights of way are dedicated. NONPROFIT ORGANIZATION: An organization subject to and organized under the Illinois general not for profit corporation act of 1986, for any one or more of the following or similar purposes: charitable, benevolent, educational, civic, patriotic, religious, social, athletic, or scientific. OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property. PARK: Refer to section 14.2401 of this code. Village Board Meeting - December 6, 2016 Page 402 of 578 UPDATED November 17, 2016 PARKING LOT: PARKING LOT: An open area other than a street or public way, used for the storage of first division motor vehicles as defined in Chapter 18 of the Village Code, for limited periods of time. Such storage may be free, for compensation, or as an accessory use for customers and employees of a business, or residents and guests of a multi -family development. Parking Lots with storage of second division motor vehicles may occur as accessory uses only, when such storage is directly associated with the principal use. Parking lots by definition shall include drive aisles immediately accessing parking stalls. PARKWAY: That part of the public right of way not occupied by the street pavement and located between the back of the curb, or edge of pavement on streets with no curbs, and the right of way line, as well as the raised dividing strip of a roadway. (Where a sidewalk exists, the right of way line is often, but not always, 1 foot behind the sidewalk.) The exact location of the right of way line shall be as indicated on a plat of survey. PLANNED UNIT DEVELOPMENT: Refer to section 14.2401 of this code. PLANNING AND ZONING COMMISSION: The commission of appointed officials authorized by the village board to review subdivision plats and associated code exception requests from this chapter and chapters 14 and 16 of this code, and other duties assigned by the village board. PLAT: A map or chart of a parcel(s) of land. Final Plat: A map of all or part of a subdivision or resubdivision and any supporting documentation, providing substantial conformance with the engineering and site plans. Plat Of Survey: A map of a parcel or lot depicting boundaries of the property, and the location of all buildings, structures, and improvements with precise dimensions indicated. Preliminary Plat: A tentative map indicating the proposed layout and showing all required details of a subdivision. PUBLIC UTILITY: Any person(s), firm, corporation, municipality, or other public authority providing natural gas, electricity, water, telephone, telegraph, storm sewer, sanitary sewer, cable television, transportation, or other services of a similar nature. RESUBDIVISION: The division or consolidation of a previously divided lot or parcel, including alteration of public rights of way included in a subdivision. RETENTION (WET BOTTOM): The permanent on site storage of stormwater runoff. Village Board Meeting - December 6, 2016 Page 403 of 578 UPDATED November 17, 2016 RIGHT OF WAY: A strip of land acquired by or dedicated to benefit the public and occupied or intended to be occupied by a street, walkway, railroad, public utility, parkway trees, or other similar use. SIGHT TRIANGLE: Refer to section 14.2401 of this code. SITE PLAN: A plan, prepared to scale, showing accurately, and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses, parking, landscaping, and principal site development features proposed for a specific parcel of land. STREET: An area which provides for vehicular and pedestrian access to abutting land or to other streets. A street includes the entire right of way and any improvements which may be located within the right of way. Streets may be classified as "arterial", "collector" or "local" as defined in section 18.133 of this code. Many arterial streets are also under the jurisdiction of IDOT or CCHD. These are listed below: Streets under IDOT jurisdiction: Algonquin Road (Route 62) Busse Road - Golf to Tollway (1-90) Central Road, except between Rand and Wolf Dempster Street - Redwood to Algonquin Golf Road (Route 58) Northwest Highway (Route 14) Oakton Street Rand Road (Route 12) River Road Route 83 Streets under CCHD jurisdiction: Busse Road - Central to Golf Camp McDonald Road Dempster Street; except between Redwood and Algonquin Euclid Avenue Mount Prospect Road In addition, streets may fall under the following classifications - Cul -De -Sac- A local street, one end of which is closed and consists of a circular turnaround or other village approved turnaround design. Frontage Road: A street parallel and adjacent to an arterial designed to provide direct access to abutting properties or local streets and with controlled access to the arterial. Village Board Meeting - December 6, 2016 Page 404 of 578 UPDATED November 17, 2016 Private Street: For purposes of this chapter, a private street is defined as an undedicated street which is privately owned and maintained. Also see section 18.133 of this code. Public Street: A street which has been formally dedicated to and accepted by a public body. STRUCTURE: An object that can be built and is permanently located in or upon the land and/or permanently affixed to such an object. SUBDIVIDER: Any individual(s), firm, corporation, trust, or other legal entity having an interest in land that is the subject of a subdivision or resubdivision. SUBDIVISION: Refer to subsection 15.103A of this chapter. USE: Refer to section 14.2401 of this code. VILLAGE: The village of Mount Prospect, Cook County, Illinois. VILLAGE ENGINEER: The village engineer of the village of Mount Prospect, or other person designated by the director of public works. VILLAGE MANAGER: The village manager of the village of Mount Prospect, or the village manager's duly authorized agent(s). YARD: Refer to section 14.2401 of this code. ZONING ORDINANCE Prospect, Illinois. (Ord. 2015) Chapter 14 of the municipal code of the village of Mount 5253, 5-21-2002; amd. Ord. 5426, 4-20-2004; Ord. 6206, 7 -7 - Village Board Meeting - December 6, 2016 Page 405 of 578 Updated November 17, 2016 Article III PAVING, SIDEWALK, CURB AND GUTTER' u r GUTTER:16.3n5: CURB AND 16.306: DRIVEWAYS: 16.307: SIDEWALK: 16.308: FIRE LANES: 16.309: BIKE PATHS: 16.310: MAINTENANCE OF TRAFFIC: 16.301: GENERAL:Z IU The arrangement, character, extent, width, grade and location of all streets to be dedicated to the public, all parking lots and all private streets shall be compatible and complimentary to existing and planned streets, to reasonable circulation of traffic within any development and adjoining lands, to topographical conditions, to runoff of storm water, to public convenience and safety, and in their relations to the proposed uses of the area to be served. All traffic intersections and confluences must encourage safe and efficient traffic flow. (Ord. 5253, 5-21-2002) 16.302: DESIGN REFERENCES: 121 All pavements shall be designed in accordance with one or more of the following references as they apply: A. "Standard Specifications For Road And Bridge Construction", Illinois department of transportation, latest edition. B. "Manual For Structural Design Of Portland Cement Concrete Pavement", Illinois department of transportation, latest edition. C. "Manual Of Instruction For The Structural Design Of Bituminous Pavements On Projects Involving MFT And FAS Funds", Illinois department of transportation, latest edition. D. "Design Manual", Illinois department of transportation, latest edition. E. "Transportation And Traffic Engineering Handbook", Institute of Transportation Engineers, latest edition. Village Board Meeting - December 6, 2016 Page 406 of 578 Updated November 17, 2016 F. "Manual On Uniform Traffic Control Devices", U.S. department of transportation, latest edition. G. The village of Mount Prospect zoning code. H. The village of Mount Prospect subdivision and site improvement standards. I. The village of Mount Prospect site construction standards. (Ord. 5253, 5-21-2002) 16.303: STREET PAVEMENT:'Zi 111 A. Structural Requirements: All street pavement, both public and private, shall be designed in accordance with the previously referenced specifications and manuals. The design thickness shall be dependent on the soil support value, Illinois bearing ratio (IBR), and the projected traffic factor; however, in no case shall the structural numbers be less than those shown in table III -1 of this section. A copy of all design assumptions and computations shall be submitted to the director of public works for review and approval. TABLE III -1 STRUCTURAL REQUIREMENTS B. IBR Values: All subgrade material shall have a minimum IBR of 3.0. The soil support IBR values selected for use by the design engineer shall represent a minimum value for the soil to be used. Copies of the test for IBR values for each material used shall be submitted to the director of public works. Village Board Meeting - December 6, 2016 Page 407 of 578 Structural Number 1BR Major arterial 5.00 3.0 Collector streets within w 3.00 3.0 residential districts Collector streets in all 4.00 3.0 other districts Cul-de-sacs and local streets 2.50 3.0 within residential districts Cul-de-sacs and local streets 3.50 3.0 in all other districts B. IBR Values: All subgrade material shall have a minimum IBR of 3.0. The soil support IBR values selected for use by the design engineer shall represent a minimum value for the soil to be used. Copies of the test for IBR values for each material used shall be submitted to the director of public works. Village Board Meeting - December 6, 2016 Page 407 of 578 Updated November 17, 2016 C. Allowable Pavement Construction Materials: Allowable pavement construction material, strength requirements, and minimum thickness requirements be as indicated in table III -2 of this section. In addition, all bituminous binder and surface shall conform to the current IDOT specifications for superpave mixes and testing. TABLE III -2 ALLOWABLE PAVEMENT CONSTRUCTION MATERIALS (minimum 28 day design compressive strength = 3,500 psi) D. Grades: Minimum gradient on streets shall be six -tenths percent (0.6%). Maximum gradients on streets shall be: 1. Local streets, including cul-de-sacs: Seven percent (7%). 2. All other streets: Five percent (5%). E. Vertical Curves: Vertical curves shall be constructed at all changes in street gradient where the algebraic difference in gradients is greater than or equal to one and one-half percent (11/2%). The length of the vertical curve shall be one hundred feet (100'), plus fifty feet (50') for each one percent (1.0%) that the algebraic difference in gradients exceeds one and one-half percent (11/2%). F. Horizontal Curves: Horizontal curves may be permitted. The minimum radius for horizontal curves shall be two hundred feet (200') for minor streets and four hundred feet (400') for all other streets. Minimum one hundred foot (100') tangents shall be introduced between reverse curves on all streets. G. Materials Testing: 1. At least one standard Proctor density test performed in accordance with AASHTO T99, shall be taken on each type of material used for embankment or encountered in the subgrade. Village Board Meeting - December 6, 2016 Page 408 of 578 Updated November 17, 2016 2. Density tests performed by a qualified soils engineer in accordance with AASHTO T191 or by other methods approved by the director of public works shall be done at a maximum fifty foot (50') spacing. Embankments and subgrade shall be compacted to not less than ninety five percent (95%) of the standard laboratory density. Copies of all density tests results shall be submitted to the director of public works. 3. Upon completion of the compaction of the embankment and subgrade a roll test with a fully loaded single rear axle six (6) wheel truck shall be done at the direction of the director of public works prior to placing any type of curb and gutter or base material. 4. A density test on base course and surface course materials shall be performed by an approved soils and materials consultant. The density test shall be taken at maximum one hundred foot (100') spacings. Copies of all density test results shall be submitted to the director of public works. Upon completion of the compaction of the base course a roll test with a full loaded single rear axle six (6) wheel truck shall be done at the direction of the director of public works. 5. Class I binder course shall be constructed after the director of public works has approved the base course construction. 6. All materials shall meet the requirements of the "Standard Specifications For Road And Bridge Construction", Illinois department of transportation, latest edition. Concurrent with the construction of any pavement the developer shall furnish the director of public works with copies of the certificates of testing from the Illinois department of transportation bureau of materials or an approved testing laboratory. H. Pavement Markings: All pavement markings on public streets shall conform to the "Manual On Uniform Traffic Control Devices", and shall be marked with thermoplastic unless otherwise directed by the director of public works. (Ord. 5253, 5-21-2002) 16.304: PAVEMENT ON PRIVATE PROPERTY: i C All construction on private property in a subdivision or development shall conform to the requirements stated herein. No private improvements may be considered for future acceptance by the village unless constructed in accordance with section 16.303 of this article. A. Parking Lots: 1. All parking lots shall be designed in conformance with chapter 14, article 22 `IIII of this code. ........................... Village Board Meeting - December 6, 2016 Page 409 of 578 Updated November 17, 2016 2. All parking lot pavement shall be designed in conformance with: a. The minimum structural number for bituminous concrete pavement shall be 2.0 for parking stalls areas and a minimum structural number of 2.5 for aisles and fire lanes; b. The minimum thickness for concrete pavement shall be six inches (6") 3. Combination concrete curb and gutter type B6:12 or concrete barrier curb type B shall be constructed around the perimeter of all parking lots and around all islands within parking lots. 4. Striping of the pavement surface to define each parking stall is required and shall be a minimum of four inches (4") wide for the length of the stall pp p,e6ficaLonlion Ih apl 1 g1,i6l II II. All areas designated as fire lanes ...........................................................................................................p...................................... g and/or "No Parking" shall be painted with yellow stripes. 5. Any location within parking lots intended for storage of trash containers shall be constructed of concrete rather than bituminous surface and shall be enclosed with an approved screen or enclosure. B. Private Streets: All streets that serve as access or frontage to subdivided lots shall be dedicated to the public unless specific approval is granted by the village board. When any private streets are constructed the following shall apply: 1. Design: Private streets shall conform to the requirements for public streets as stated in section 15.405 of this code regarding general layout and design and intersections and offsets. 2. Construction: Private streets shall conform to the requirements for public streets as stated in section 16.303 of this article regarding pavement design and specifications. 3. Sidewalks: Sidewalks shall be constructed along private streets and where necessary to provide access from parking areas to buildings. Sidewalks shall have a minimum clear width of five feet (5') where separated from the curb by a grass parkway of at least two feet (2') in width. Where the sidewalk abuts the back of curb, or the grass parkway is less than two feet (2') wide, the sidewalk shall have a clear width of seven feet (7'). 4. Bike Paths: Whenever constructed, bike paths shall comply with the requirements stated in section 16.309 of this article. Village Board Meeting - December 6, 2016 Page 410 of 578 Updated November 17, 2016 5. Easements: Easements shall be required for any development in order to provide for placement of public utilities, protection of residential uses, continuity of waterways, and pedestrian access. Easements shall be located whenever necessary to ensure these objectives and shall be subject to the use, design, and location conditions stated in subsection 15.305D of this code. (Ord. 5253, 5-21- 2002) 16.305: CURB AND GUTTER: lti C Curbs and gutters shall be constructed in accordance with the village standard details, including the following specifications: A. Combination curb and gutter type 136:12 shall be constructed on both sides of all streets. Depressed curbs shall be provided at all driveways. Intersection sidewalk crossings shall be ramped for the handicapped. B. Two (2) number 4 reinforcing bars shall be placed continuously between expansion joints. Expansion joints shall be doweled and spaced at no more than sixty feet (60') on center and at tangent points of all radii. Control joints shall be provided at fifteen feet (15') on center and shall consist of a saw cut minimum of one and one-half inches (11/2") deep. (Ord. 5253, 5-21-2002) 16.306: DRIVEWAYS a ICS A. General: 1. Design: All driveway designs shall be consistent with the projected traffic volume, type of traffic, and type of roadway, and shall be subject to the review and approval of the village. All driveways shall meet the minimum standards of the zoning ordinance and this chapter. 2. Distance And Number: Driveway access to arterials shall be kept to a minimum. Whenever possible adjacent uses shall share common driveway access to arterials. The minimum distance between driveways on arterials shall be three hundred feet (300'), unless otherwise permitted upon review by the director of community development and the director of public works. 3. Driveway Apron: It is the responsibility of the owner to properly maintain the driveway apron. 4. Use Of Wire Mesh: Wire mesh shall not be permitted in the public right of way. Wire mesh may be installed in a driveway on private property only. Village Board Meeting - December 6, 2016 Page 411 of 578 Updated November 17, 2016 5. Driveway Removal: Any driveway removal must include the stone base, as well as the driveway pavement, within the limits of the public right of way. All disturbed grass areas within the right of way shall then be restored with topsoil and sod in accordance with section 16.904 of this chapter. B. Single -Family Driveways: 1. Driveway pavement (including aprons) shall be constructed of: a. Minimum s five inch (.:6") concrete with a minimum two inch (2") compacted aggregate base course, or b. Minimum two inch (2") class I bituminous surface with a minimum eight inch (8") compacted aggregate base course. c. Brick or exposed aggregate 06ii0P".6::6 base driveways are permitted, subject to the requirements detailed in subsection D of this section. 2. Driveway aprons for single-family residential buildings shall b.....n.....0 ..ii.41,nu .....of uRiRe 1991 (9') iisR WbItil fc)r GIR9 Gar 6s Weways.arid..shall Ihei*l.,se....be the width of the driveway as permitted by the zoning ordinance and shall be three feet (3') wider at the curb. This additional width at the curb shall not be considered when determining the maximum driveway width. iiiixcepj�ons l lileminiimuim apu, n d,[l u a s u s � Iles Ill�u redo° of ss 11 sllli s u 11 .I a� li a 11 .............................IL.....IL...................................................................................................................................IL....................................................................................................................L...................................... s°o Il,)trucLo ills . C. Il 4-Fai#ily, (;044449112Gu4, ARd 14Rdustr4 L.. ru v9wa "4,o,n Suu 6ll 2 II iii ully Il ..pJve X§es and .....:p .p"6.o - 1. 9 a.11.v.e ..ys 2Jve Ali§esOn d46q.A.ii......p::::: it ..ii.l. G.cM R49.it cii.n.l....... R.6.....IL.IR6., .:1.Fl4ll" s° ul... SIus6JL6.......... L.:.O.IIT.,iill Property Diruveways....II ..ijve....0!L ,II6„ within a site shall be constructed to parking lot specifications at a minimum. : irue....:. uJu6.....O.pIlse with high ...........::::........... volume of truck traffic shall increase the structural strength of the pavement. u II II u 1ti tau al.l , MmerGu4 all ue..S4u2.i4 drWeway.a ��cs���.s�.uIngle fgu,nHy dujve...ai§e....ap, "L ....shall have a width equal to the approved 6u Wewa6... p„ iii„6 Oii „116 width at the property line. 91iii...9way....E.p ve 0i e design shall be based upon a width of twelve feet (12') per lane. Any &w -e. u u�6....0.!L.IL6....designed for three (3) or more lanes.,. 6,11"...„II"IL.6. al§es . Egl u, Illlaun Iw6ve feel 16° u� li lulu 2 u, Ilgo shall be striped or divided � II p as approved by the village. The dru veway apprc)aG1ii..!I".!L .6....0.!L .L6.....O.p p2,0, shall have a minimum fifteen foot (15') radius return at the street. D. Brick Driveway Aprons: Brick driveway aprons or exposed aggregate 06ii 0„P„6„6, may be installed by the property owner, subject to the following conditions: Village Board Meeting - December 6, 2016 Page 412 of 578 Updated November 17, 2016 1. The brick driveway shall be gapped around the public sidewalk. 2. It shall be the responsibility of the property owner to pay for the repair or replacement of brick or exposed aggregate „p„p driveway aprons when damaged or in need of repair as a result of the repair of public utilities, streets or sidewalks. (Ord. 5253, 5-21-2002) 16.307: SIDEWALK: ii U A. General: Sidewalks shall be provided within all developments. Sidewalks shall be constructed along both sides of all streets and shall be five feet (5') in width except in the B-5 and B -5C zoning districts, where they shall be seven feet (7') in width. Sidewalks shall be located within the public right of way one foot (1') from the right of way line. Brick sidewalks shall only be permitted in nonresidential zoned districts. B. Construction: 1. Sidewalks shall conform to the requirements of section 624, Portland cement concrete sidewalk; "Standard Specifications For Road And Bridge Construction"; Illinois department of transportation, latest edition, and the village development code. 2. Sidewalks within the public right of way shall be a minimum of five inches (5") thick, except at driveways where the thickness shall be a minimum of six inches (6"). 3. Sidewalks on private property, outside of areas designated for vehicle traffic, may have a minimum thickness of four inches (4"). 4. Three (3) number 5 reinforcing bars ten feet (10') long shall be placed in the sidewalk at all trench crossing locations. 5. Construction joints shall be placed at five foot (5') spacing. 6. Sidewalks shall be placed on a two inch (2") well compacted CA -6 stone base course. C. Handicapped Ramps: Handicapped ramps shall be installed within all developments to provide a safe pedestrian crossing where streets intersect and where the director of public works determines said ramps are needed. The design and construction of all ramps must be approved by the director of public works and in conformance with local state and federal codes. (Ord. 5253, 5-21-2002) 16.308: FIRE LANES TC 121 Village Board Meeting - December 6, 2016 Page 413 of 578 Updated November 17, 2016 Fire lanes shall be provided for in accordance with the requirements detailed in section 24.103 of this code. (Ord. 5253, 5-21-2002) 16.309: BIKE PATHS Z ICS Whenever constructed within the village, public bike paths shall conform to the following standards: A. Bike paths shall be a minimum of eight feet (8') in width to provide for two-way traffic. B. The minimum construction of any bike path shall consist of a six inch (6") type B aggregate base course, placed on an acceptable subgrade approved by the director of public works, with a two inch (2") bituminous surface course. C. Bike paths shall have removable posts placed at all locations necessary to prevent vehicular traffic from entering the paths. D. Construction of any bike path shall conform to the "Standard Specifications For Road And Bridge Construction", Illinois department of transportation, latest edition and this article. (Ord. 5253, 5-21-2002) 16.310: MAINTENANCE OF TRAFFIC:1Z ICS A. Streets: All construction activities requiring the use or opening of any portion of street pavement shall provide traffic control in accordance with the following: 1. Streets under state or county jurisdiction shall provide traffic control devices as prescribed in the IDOT standards for traffic control. 2. Streets under village jurisdiction shall provide control devices as prescribed in the "Manual Of Uniform Traffic Control Devices", current edition. B. Sidewalks And Bike Paths: Any person installing or repairing any sidewalk, bike path, or other public place or making an excavation in the same, shall maintain suitable barricades to prevent injury of any person or vehicle by reason of the work; such barricades shall be protected by suitable lights at nighttime. C. Interference With Barricades: It shall be unlawful to disturb or interfere with any barricade or lights lawfully placed to protect or mark any new pavement or excavation or opening in any public street, alley or sidewalk. (Ord. 5253, 5-21-2002) Village Board Meeting - December 6, 2016 Page 414 of 578 Updated November 17, 2016 Article V DEFINITIONS'w i U 21.501: DEFINITIONS OF WORDS AND PHRASES:Z ICS Whenever in this chapter the following words and phrases are used, they shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this article, except when the context in which they are used indicates otherwise: AGGRIEVED PARTY: One suffering from an alleged infringement or denial of his legal rights by reason of a decision or ruling of the director of community development. ALCOVE: A recess connected with or at the side of a larger room, with an unobstructed opening into such room equal to at least twenty percent (20%) of the entire wall surface of the alcove. ALLEY: A public way within a block, generally giving access to the rear of lots of buildings and not used for general traffic circulation. ALTERATION: As applied to a building or structure, a change or rearrangement of rooms or spaces, the structural parts, the means of egress, or an enlargement whether by extending a side or by increasing the heights, or the moving from one location or position to another. APARTMENT: A room or suite of two (2) or more rooms in an apartment building occupied as a family domicile where provision is made for living, sleeping, cooking and eating within the room or suite of two (2) or more rooms. APARTMENT BUILDING: Any building which contains apartments. APPROVED: Approved by the director of community development under the provisions of this chapter, or by other authority designated by this code to give approval or to be used as a standard in the matter in question. APPROVED MASONRY: Masonry constructed of brick, stone, concrete, hollow block, solid block or combination of these materials, or other materials approved by the director of community development. AREA: A. Building Dimensions: As applied to the dimensions of a building, the maximum horizontal area of the building at or above grade. Village Board Meeting - December 6, 2016 Page 415 of 578 Updated November 17, 2016 B. Floor Surface: As applied to floor surface measurement, the horizontal projected floor area inside of exterior enclosure walls or between exterior walls and firewalls. C. Pool Area: The apron immediately adjacent to a swimming pool extending to a minimum of five feet (5') from the said pool. ATTIC: The space between the ceiling beams of the top story, and the roof rafters, and containing no habitable room. AUTOMATIC USE: Automatic as applied to fire protection devices, automatic refers to a device or system that provides an emergency function without the necessity of human intervention and activates as a result of a predetermined temperature rise, or rate of temperature rise or increase in the level of combustion products, such as is incorporated in an automatic sprinkler system, automatic fire door, etc. BASEMENT: That portion of a building having no more than three feet (3') of its floor to ceiling height above the average level of the adjoining finished grade. BATHROOM: A room containing a tub, shower compartment or other facilities for bathing. BEARING WALL: A wall which supports any load in addition to its own weight. BOARD OF TRUSTEES: The board of trustees of the village of Mount Prospect. BOILER ROOM: A room containing the fuel burning equipment and/or fuel storage for a heating or power generating system. BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy. BUILDING, BUSINESS: A building occupied for the transaction of business, for the rendering of professional services, for the display and sale of goods, wares and merchandise, for the supplying of food, drink or other bodily needs or comforts, or for the performance of certain work or labor, including, among others, office buildings, stores, markets, restaurants, not excluding factories, storage or warehouse buildings. BUILDING, FRAME: Buildings having a wood frame or having brick, stone or stucco veneering on a wood frame which wholly or partly serves as the structural support of the building or its load. BUILDING, INSTITUTIONAL: A building in which persons are harbored to receive medical, charitable or other care or treatment; or in which persons are held or detained by reason of public or civic duty or for correctional purposes, including, among others, Village Board Meeting - December 6, 2016 Page 416 of 578 Updated November 17, 2016 hospitals, asylums, sanitariums, firehouses, police stations and jails. BUILDING LINE: The line established by deed or law, beyond which a building shall not extend, except as specifically provided for in the zoning code or other ordinance of the village. BUILDING, PUBLIC: A building in which persons congregate for civic, political, educational, religious, social or recreational purposes, including, among others, courthouses, schools, colleges, libraries, museums, exhibition buildings, lecture halls, churches, assembly halls, lodge rooms and dance halls. BUILDING, SKELETON: A building composed of only structural framework, or a rigid supportive or protective structure or shell. BULKHEAD: A raised portion of floor construction and the partition enclosing it, which provides headroom for a stair flight or, when in connection with store show windows, provides a means for light and ventilation to the basement space below. CEILING: The overhead covering of a room. CEILING HEIGHTS: The clear vertical distance from the finished floor to the finished ceiling. CEMENT FLOOR: A floor not less than four inches (4") in thickness of concrete composed of one part Portland cement, three (3) parts of sand and five (5) parts of crushed stone or gravel. CEMENT LIME MORTAR: A mixture of one part of hydrated lime to not more than six (6) parts of sand, proportioned by volume, with an addition of not less than ten percent (10%) of Portland cement to the lime by volume. CEMENT MORTAR: A mixture of one part of Portland cement and not more than three (3) parts of sand, proportioned by volume, with an allowable addition of hydrated lime not to exceed twenty percent (20%) of cement volume. CERTIFICATE OF COMPLETION: Refer to section 15.202 of this code. CERTIFICATE OF OCCUPANCY: Refer to section 15.202 of this code. CHIMNEY OR FLUE: A vertical, or approximately vertical, conduit through which smoke and/or gases of combustion escape to the outer air. CLERK OR VILLAGE CLERK: The village clerk of the village. CLOSET: A nonhabitable room used for storage. Village Board Meeting - December 6, 2016 Page 417 of 578 Updated November 17, 2016 CONCRETE: A. Except when otherwise specifically provided, "concrete" shall mean a mixture of one part of Portland cement and not more than three (3) parts of sand and five (5) parts of crushed stone or gravel, all proportioned by volume. B. "Reinforced concrete" means Portland cement concrete in which steel is embodied in such a manner that the two (2) materials act together in resisting forces. DEAD LOADS: The weight of all permanent structural and nonstructural components of a building, such as walls, floors, roofs, ceilings, stairways and fixed service equipment. DEPARTMENT OF COMMUNITY DEVELOPMENT: Refer to section 15.202 of this code. DEPARTMENT OF FINANCE: Refer to section 15.202 of this code. DEPARTMENT OF PUBLIC WORKS: Refer to section 15.202 of this code. DIRECTOR OF COMMUNITY DEVELOPMENT: The director of community development of the village of Mount Prospect, or the director's duly authorized agent(s). DIRECTOR OF FINANCE: Refer to section 15.202 of this code. DIRECTOR OF PUBLIC WORKS: Refer to section 15.202 of this code. DISTRICTS: The zoning districts as described in the zoning ordinance of the village of Mount Prospect. DWELLING: Any building which contains one or two (2) "dwelling units" used, intended, or designed to be built, used, rented or leased, which are occupied for living purposes. DWELLING, UNIT: Refer to section 14.2401 of this code. EGRESS: A means or route of exit from a room or building including a doorway, passage, corridor, stairway or fire escape. ELEVATOR: A hoisting and lowering mechanism equipped with a car or platform which moves in guides for the transportation of individuals or freight in a substantially vertical direction through successive floors or levels of a building or structure. ENCLOSING WALLS: A wall separating the interior of a building from the exterior. Such walls may act as bearing walls, enclosing walls or curtain walls. EXIT: That portion of a means of egress which is separated from all other spaces of a Village Board Meeting - December 6, 2016 Page 418 of 578 Updated November 17, 2016 building or structure by construction and opening protectives as required for exits to provide a protected way of travel to the exit discharge. Exits include exterior exit doors, exit stairways, exit passageways and horizontal exits. FAMILY: An individual, two (2) or more persons related by blood, marriage or law, or a group of not more than any five (5) persons living together in a dwelling unit. Servants having common housekeeping facilities with a family consisting of an individual, or two (2) or more persons related by blood, marriage or law, are part of the family for this code. FENCE: Refer to section 14.2401 of this code. FLOOR: A horizontal or approximately horizontal system, other than a ceiling, used to support loads within a building (see also definition of Story). FLOOR AREA: Refer to section 14.2401 of this code. FLOOR AREA RATIO: Refer to section 14.2401 of this code. FOOTING: A construction supported directly on the ground which supports walls, piers and columns. FOUNDATION WALL: A wall or pier extending to or below frost level serving as support for a wall, pier, column or other structural part of a building. FURRING: A construction of wood, metal, masonry or other material, the sole purpose of which is to obtain a plane or contour for other surface materials. GARAGE: A building, shed or enclosure, or a part thereof, in which a motor vehicle is stored, housed or kept. GARAGE, PRIVATE: A garage for not more than three (3) motor vehicles in which no business or industry connected directly or indirectly with motor vehicles is carried on. GARAGE, PUBLIC: A garage not included within the term "private garage". &III...II..... II....I.....II.....II.....A w efew eRee Il9lleRe a epw eseu,4uu,I0 average ()ffijjqu.C,l:;9d gRAIRd ieeei e jc�11RRg..ill e Ilse 4iri0 at e.i.i..e erk)II ellie:: Wheirl greurid ieeell...slopes away from lwe e eror wafls,the..wefereRee.I Ileo'1e ehelli Il99 eetab,sdl:: e b k) est po urit. ut4ri he area ...be weeri the Il9eu4Rg alR the k)t Ririe or, WheRthe k)t iuwRe i 44C)Pe halli') etx. feet .......0........fre.iim....:��.lp..e....p� ufll '. l l g.......betWeeR 9441,1g ....aili.....n..... .� 11'#......h....feet ......0.........f.rc)m....�lp e 9eli4tlg0, HABITABLE ROOM: A room designed and intended for use and/or occupied by one or more persons for living, sleeping, eating or cooking; includes kitchens serving dwelling units, but does not include bathrooms, water closet compartments, laundries, pantries, Village Board Meeting - December 6, 2016 Page 419 of 578 Updated November 17, 2016 storage rooms or below grade recreation rooms. HEIGHT OF BUILDING: The vertical distance of a building or structure as measured in feet, from the ...... u " m. .....f,ii,i! ..IL .II, ..... .....p....... Il�gase grade to the highest point of the roof or .. v ............ parapet, if a flat roof, or the ..c.ii 4t....ii .. dw .y pa Ili....b.:t. W...R lPdkl i 11 R.....n.R..nv.9.....i.l R e. if a hip, gable, mansard or gambrel roof. ..11...Ih llI"v u f 1Ih1111,2 h , u Ih 11 11 hs umeasured from 1lhe 1 �2_02E R20f tlhe zwl1 n . gII 1 to tlhe front IIso Illi111and lisu li IIsI Illiu lid a s slllill-sllIlsliu s . su Iss Ilio s°usull. Mechanical L....L................2111..............,,... ellI......2111,.......................................11............................................11............ 11................................................. penthouses, chimneys and steeples shall not be included in measuring the height of buildings. HOLLOW BLOCK: A cellular building block of burnt clay or concrete in which cellular spaces within the blocks exceed twenty five percent (25%) of the gross cubic content of the block. KITCHEN: A room or an alcove containing cooking facilities and in which food may be prepared. LIME MORTAR: A mixture of one part slacked lime or hydrated lime not more than four (4) parts of sand proportioned by volume. LINTEL: A beam placed over an opening or recess in a wall which supports the construction above. LIVE LOAD: Those loads produced by the use and occupancy of the building, not including environmental loads such as wind loads, snow loads, earthquake loads or dead loads. MANAGER OR VILLAGE MANAGER: The village manager of the village of Mount Prospect. NEW CONSTRUCTION: An existing structure shall be considered as new construction and shall meet all of the provisions of this code and all other adopted codes and standards for new construction when either of the following conditions exist: A. The linear feet measurement of demolished exterior walls is greater than fifty percent (50%) of the total linear feet of the existing exterior walls (perimeter of the existing walls). For the purpose of this definition a wall is considered to be demolished when, in the opinion of the village engineer, the structural integrity of the wall has been compromised (no longer capable of supporting the structure) or when two (2) or more components of the wall are removed; or B. The square footage of the structure is increased by one hundred fifty percent (150%) of the existing structure's square footage. In single-family homes and townhomes the habitable square footage shall be used as a basis for determining the percentage of square footage increase. Village Board Meeting - December 6, 2016 Page 420 of 578 Updated November 17, 2016 NONCOMBUSTIBLE: Any material which will not sustain fire. NONCOMBUSTIBLE CONSTRUCTION: A construction in which all materials used in the construction and finish are noncombustible to the point that the construction will not sustain fire. OCCUPIED: As applied to a building shall be construed as though followed by the words "or intended, arranged or designed to be occupied". OFFICE: A place where clerical work, writing or drafting is done, where clients are interviewed, professional services are rendered or where business is transacted without an immediate transfer of goods. OPEN AREA: With respect to fences, open area shall be determined so that any given square foot of such fence shall consist of not more than fifty percent (50%) fencing material including posts and rails. PANTRY: A space accessory to a dining room or kitchen for storage of dishes or food or for a preparation of food without the use of heat. PARAPET: A wall of approved masonry projecting above the roofline to prevent the spread of fire. �_1:7:���V:\'A:Z�i - • - • •►•511110.50 PARTIAL CERTIFICATE OF OCCUPANCY: A certificate of occupancy issued for a portion of a building or structure prior to completion of the entire building or structure. PARTY WALL: A wall of approved masonry used or adapted for joint use between two (2) buildings and shall comply with wall thickness as provided for under masonry construction. PATIO: A recreation area that adjoins a dwelling, is often paved, and is adapted especially to outdoor dining. PATIO ENCLOSURE: A screened seasonal leisure area which is attached to the principal structure, unheated and which is not intended to be used as a habitable room. PATIO SCREENING: A screen, preferably decorative, natural or artificial, which screen is placed adjacent to a patio for the purpose of concealing such patio. PERMITTEE: That person or persons authorized by the authority having jurisdiction to perform specific activity. PERSON: Every natural person, firm, copartnership, association or corporation. Village Board Meeting - December 6, 2016 Page 421 of 578 Updated November 17, 2016 PETITIONER: Refer to section 14.2401 of this code. REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of maintenance. Repair does not include work that would affect the structural safety of the building or that would affect or change required exit facilities or that would affect the vital element of an elevator, plumbing, gas piping, wiring or heating installation, or that would be in violation of a provision of this code. SOLID ROCK: A building block of burnt clay or stone, gravel or cinder concrete in which cellular spaces within the block do not exceed in the aggregate twenty five percent (25%) of the gross cubic content of the block. SPRINKLERED: Equipped with an approved automatic sprinkler system containing an arrangement of piping and sprinklers designed to operate automatically by the heat of fire and to discharge water upon such fire. STAIRWAY: One or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one floor to another; including risers, treads, floor landings, stair platforms, supporting members, handrails, newel posts, balustrades and the enclosure of such stairs from the required exit to the exit door of the building or grade. A. Flight: A series of steps between successive landings and platforms. B. Landing: The floor space immediately adjoining the top or bottom of a flight. For an enclosed stair, the landing is the floor space within the enclosure. C. Open Stair: A stair without a complete enclosure. D. Step: A rise and adjoining tread. E. Tread: The horizontal width of a step not including the nosing. F. Width: The clear width of a stair between parallel required handrails or between a required handrail and a wall. An unrequired handrail shall not be considered in measuring stair width. STOP ORDER: An order, written or oral, to cease and desist any and all construction activities, which order is issued by the director of community development. STORY: That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. STREET: Refer to section 15.202 of this code. STRUCTURE: Any construction, or any production or place of work artificially built up or Village Board Meeting - December 6, 2016 Page 422 of 578 Updated November 17, 2016 composed of parts joined together in some definite manner; including, but not limited to, stadia, gospel and circus tents, reviewing stands, platforms, radio towers, air conditioning compressor units, coal bins, fences, display of signs and poles connected by wires for the transmission of electricity. SWIMMING POOL: An artificial or semiartificial receptacle or other container for a body of water having a depth at any point of more than two feet (2') whether located indoors or outdoors, used or intended to be used for public, semipublic or private swimming by adults or children or both adults and children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any "person" as defined elsewhere in this article, whether he be an owner, lessee, operator, licensee or concessionaire and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of same; including, but not limited to, the following: Hot Tub: A large tub usually wooden and normally filled with heated water used by adults and/or children to soak in. Swimming Pool, Excavated: Any swimming pool being constructed in whole or in part below the grade level and out of doors. Swimming Pool, Indoor: Any swimming pool so constructed as to be located in whole or in part within a structure or building in such manner as to become part of the real estate. Swimming Pool, Portable: Any prefabricated swimming pool which has a depth at any point of more than two feet (2'), which pool may be utilized without an excavation and which has an empty weight of less than two hundred (200) pounds, which weight shal be inclusive of all the appurtenances of the said pool. Swimming Pool, Public And Semipublic: All swimming pools operated and maintained in conjunction with or by clubs, motels, hotels, multi -unit buildings housing more than three (3) families, and community associates, and shall include any swimming pool other than a private residential swimming pool. Swimming Pool, Raised Deck: Any "swimming pool" as defined in this article being constructed in such manner as to have a flat floor, roofless area resting above the grade level, which raised deck shall lie immediately adjacent to and surrounding the upper edge of said pool which shall not be an excavated pool. Swimming Pool, Residential Private: A swimming pool located in any residentially zoned district used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it without payment of any fee. UNPROTECTED METAL CONSTRUCTION: Applies to buildings in which the structural supports are metal and in which the roofing and walls or other enclosures are of sheet metal or other incombustible materials, or of masonry deficient in thickness or otherwise Village Board Meeting - December 6, 2016 Page 423 of 578 Updated November 17, 2016 and not conforming to approved masonry. VILLAGE ATTORNEY: The village attorney of the village of Mount Prospect. VILLAGE ENGINEER: The village engineer of the village of Mount Prospect, or other person designated by the director of public works. (Ord. 5339, 6-17-2003; amd. Ord. 53847 11-18-2003; Ord. 5426, 4-20-2004; Ord. 5746, 6-16-2009) Village Board Meeting - December 6, 2016 Page 424 of 578 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 5 "BOARDS AND COMMISSIONS," 7 "SIGN REGULATIONS," 9 "PUBLIC UTILITIES, PAVEMENT AND TREE REGULATIONS," 14 "ZONING", 15 "SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES," 16 "SITE CONSTRUCTION STANDARDS," 21 "BUILDING CODE," 23 "OFFENSES AND MISCELLANEOUS REGULATIONS" AND APPENDIX A OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Village of Mount Prospect is a home rule municipality as defined by Article VII, § 6 of the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire to make certain amendments to the Village Code of Mount Prospect as set forth below; and WHEREAS, pursuant to the authority granted under the Illinois Municipal Code and in accordance with home rule authority granted to home rule municipalities, the President and Board of Trustees of the Village of Mount Prospect approve the amendments as set forth below. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 5.504(E) "Jurisdiction" to Chapter 5 "Boards and Commissions" to Article V "Planning and Zoning" of the Mount Prospect Village Code shall be amended to read in its entirety as follows: E. To hear and decide all requests for variations and appeals pursuant to the village sign ordinance, chapter 7 of this code. SECTION 2: Chapter 7 "Sign Regulations" to the Mount Prospect Village Code shall be removed in its entirety and shall be replaced in its entirety as follows: Article I GENERAL 7.101: PURPOSE: The regulations of this Chapter are intended to coordinate the use, placement, physical dimensions, and design of all signs within the Village. The purpose of these regulations is to promote the public health, safety and welfare, and develop a satisfactory visual appearance with the Village by: 372461_2 Village Board Meeting - December 6, 2016 Page 425 of 578 A. Promoting the objectives, principles and standards identified in the Comprehensive Plan for commercial and industrial development; and B. Protecting the public from damage or injury caused by signs which are poorly designed or maintained and from distractions or hazards to pedestrians or motorists caused by the indiscriminate placement or use of signs; and C. Maintaining property values by eliminating signs that are incompatible with the surrounding land uses; and D. Encouraging a viable economic environment through uniform control of signs; and E. Facilitating effective communication between the public and the environment through signs which are appropriate for the type of street on which they are located; and F. Encouraging quality sign design to promote a better visual environment; and G. Enhancing the physical appearance of the Village through a program which ensures the removal of inadequately maintained, illegal and nonconforming signs within a reasonable time period. 7.102: SCOPE: The regulations of this chapter shall govern and control the erection, alteration, relocation, maintenance, removal and design of all signs within the village. Article II PROHIBITED AND EXEMPT SIGNS 7.201: PROHIBITED SIGNS: A. Traffic Hazard: Any sign which is determined by the director to constitute a traffic hazard by reason of size, location, design or type of illumination. B. Public Right Of Way: Any sign which is located in or which extends over the public right of way except as otherwise permitted under these regulations or authorized by the village board. C. Easements: Any permanent sign located over or upon a village utility or an easement without prior consent from the director of community development. D. Motion: Any sign which moves or assumes a nonstationary position by mechanical means except as otherwise permitted under these regulations or authorized by the village board, or under normal wind currents except as regulated herein. Example: feather signs, wavy inflatables or air dancers 372461_2 Village Board Meeting - December 6, 2016 Page 426 of 578 E. Portable: Portable signs as defined herein, except as otherwise permitted under these regulations or authorized by the village board. F. Painted Surfaces: Any sign painted directly on exterior building surfaces. G. Light Poles: Signs on light poles. H. Roof Signs: Signs which are attached or affixed to a roof and project above the ridgeline or parapet of a building. I. Pennants And Streamers: Pennants, streamers, tethered balloons, or stringed fringe. J. Inflatable Signs: Signs or other devices, which are inflated by cold air, hot air, or other inflatable gas. K. Signs On Parked Vehicles: Non -permanent signs placed on or affixed to vehicles and/or trailers which are parked on a public right of way, public property, or private property so as to be visible from a public right of way and used to attract attention to a business or activity located on the same or nearby property. 7.202: EXEMPT SIGNS: The following types of signs are exempted from the general provisions of this chapter and all permit requirements therein. See Article III for all other signs which shall be allowed only with permit and upon proof of compliance with Mount Prospect sign ordinance. A. Traffic Control: Signs for the control of traffic or other regulatory purposes including signs for the control of parking on private property, and official messages erected by, or on the authority of, a public officer in the performance of his duty. B. Public Information, Non -Commercial, Permanent: Signs required or specifically authorized by law or necessitated by public health or safety, in all zoning districts, provided the sign does not exceed two (2) square feet in area or as approved by the director. Examples: addresses, restroom identification, historical designation markers on a buildin C. Commercial Temporary: Signs located on the property, related to a temporary activity commercial in nature taking place on the property, provided: 1. Single -Family Residential Properties: a. The sign does not exceed ten (10) square feet in area b. The sign does not exceed six feet (6') in height c. No more than one sign per street frontage d. The sign shall be removed within 3 days after the sign no longer meets its intended purpose. 2. Other Properties: 372461_2 Village Board Meeting - December 6, 2016 Page 427 of 578 a. The sign does not exceed sixteen (16) square feet in area b. The sign does not exceed six feet (6') in height from the finished floor elevation of any relevant space. c. No more than one sign per street frontage d. The sign shall be located on private property and not attached to any parking light pole or tree e. For signs that further or relate to the primary use of the property, no freestanding signs are allowed. f. Multi -tenant properties shall attach the sign to the wall of their establishment g. The sign shall be removed within 3 days after the sign no longer meets its intended purpose, but in any event shall be up no longer than one year. Examples: Transaction related signs such as: for sale/lease, help wanted, garage sales, contractor signs, Monday hotdog special, special sales, $1beers D. Non -Commercial Temporary: Signs located on the property provided: 1. Single Family Residential Properties: a. Total area of all such signs on a lot does not exceed sixteen (16) square feet b. Are allowed for a period not to exceed 90 days c. Signs are removed within three (3) days after the conclusion of a special event , except as otherwise required by state or federal law d. Signs that do not meet the temporal requirements of this subsection shall require a permit. 2. Other Properties: a. The sign does not exceed sixteen (16) square feet in area b. The sign does not exceed six feet (6') in height from the finished floor elevation of any relevant space c. No more than one sign per street frontage d. The sign must be located on private property and not attached to any parking light pole or tree e. Multi -tenant properties shall attach the sign to the wall of their establishment f. The sign shall be removed within 3 days after the sign no longer meets its intended purpose, but in any event shall be up no longer than 90 days. Examples: park district, school or church events, political signs, proud union home, holiday decorations E. Flags: 1. Single Family Residential Properties: A maximum of one flagpole, which shall not exceed twenty five feet (25') in height, shall be allowed per zoning lot. No more than two (2) flags shall be displayed on a single-family property at one time, and each flag shall not exceed a maximum size of three feet by five feet (3'x 5'). 372461_2 Village Board Meeting - December 6, 2016 Page 428 of 578 2. Other Properties: A maximum of three (3) flagpoles, with no more than two (2) flags on a pole, shall be allowed per zoning lot. For flags flown from a flagpole, such flagpole shall be a minimum of four (4) times the length of the flag. The maximum height however allowed for a flagpole shall not exceed the district's height limitations for principal structures. 3. General Requirements: In addition to the preceding limitations, the following restrictions shall apply to flags and flagpoles within all zoning districts: a. Flagpoles shall maintain a minimum setback of five feet (5) from any property line and are not allowed within a required interior side yard. b. Flags shall not exceed fifty (50) square feet in area. c. Flags shall be displayed in such a manner that no portion of the flag shall project over any property line or contact any structure when fully extended. d. Flags shall not be mounted on roofs. e. Display of flags of the United States shall conform to all applicable federal statutes regarding the use and display of the United States flag. f. Flags shall be displayed only on flagpoles or staffs designed and constructed specifically and exclusively for flag display. g. No flag shall be displayed or attached in any manner to light poles, sign poles, trees, or similar structures or objects. These restrictions shall not apply to flags located within public rights of way. h. Wall mounted flags shall be displayed from flagpoles not to exceed ten feet (10') in length, and such poles shall not extend above the roofline. i. Flags shall be maintained in an orderly fashion and in good condition. Tattered or torn flags shall be removed or replaced. F. Non -Commercial Notice Board: Sign affixed to a building and intended for pedestrians in which the information is not changeable and presented without the use of flashing, scintillating, chasing lights or otherwise moveable means. G. Windows: Signs on/in windows provided the total area of permanent and temporary window signs occupies no more than fifty percent (50%) of the total window surface area. Changeable Copy/Electronic Message Center Signs must also comply with Section 7.302 H. H. Doors: Signs affixed to door glass which identify the name address, contact information or hours of an establishment. Commercial Sidewalk Signs in non-residential districts: Sidewalk signs on public property or private property are subject to the following conditions: 372461_2 Village Board Meeting - December 6, 2016 Page 429 of 578 1. Purpose: Sidewalk signs may advertise only a business in a building that directly abuts the portion of the sidewalk where the sign is placed. 2. Location: a. Sidewalk signs located on public right of way shall be allowed only in the B-5 (central commercial) or B -5C (core central commercial) zoning districts. b. Sidewalk signs located on private property shall be allowed only in the B-3 (community shopping), B-4 (corridor commercial), B-5 (central commercial), or 13- 5C (core central commercial) zoning districts. Sidewalk signs on private property are placed at the sole risk of the sign owner and/or the owner of the business being advertised. c. The sidewalk sign shall not unreasonably interfere with pedestrian or vehicular traffic or with access to parked vehicles, shall not reduce the open portion of any sidewalk to less than five feet (5') in width, and shall comply with all IAC accessible route restrictions. d. The sidewalk sign shall be placed no more than one foot (1') from the wall of the building, unless the director of community development approves in writing another location due to other obstructions in the right of way. e. The sidewalk sign shall not be attached or affixed to the sidewalk, parkway poles, trees or any other public facilities. Such signs shall adhere to all vision clearance regulations as set forth in section 7.302 G.7. of this chapter. 3. Size: A sidewalk sign shall not exceed four feet (4') in height and the sign area shall not exceed six (6) square feet per sign face with a maximum of two (2) faces per sign. 4. Number Of Signs: Only one sidewalk sign shall be allowed per business establishment, except that public service signs (i.e., signs indicating the curb location of valet parking) may be allowed in addition to the one sign per business establishment. 5. Use Of Signs: Sidewalk signs may only be displayed during business hours and must be removed at the close of each business day. Sidewalk signs may not be displayed during times of high winds, snow, or when sidewalks are congested and the placement of a sign may impede pedestrian movement. 6. Illumination And Attention Getting Devices: Sidewalk signs shall not be illuminated. No attention getting devices, such as balloons, may be attached to a sidewalk sign. 7. Materials And Maintenance: Sidewalk signs shall be of high quality and professionally constructed of durable materials. Sidewalk signs shall be properly maintained as provided in section 7.402 of this chapter. J. Municipal Signs: any signs on Village owned property, or in the public right of way for Village sponsored and/or related events. 372461_2 Village Board Meeting - December 6, 2016 Page 430 of 578 Article III GENERAL SIGN GUIDELINES - All Signs Requiring a Permit 7.301: TEMPORARY SIGNS: The following signs shall be permitted in the village, subject to all applicable standards: A. Commercial Temporary Signs: Signs located on the property, related to a temporary activity commercial in nature, taking place on the property, provided: 1. Located on other than Single Family Residential Properties: a. No more than one sign shall be displayed per street frontage per lot. b. Signs located within one hundred feet (100') of a residential property (lot) line shall not exceed thirty two (32) square feet in area or eight feet (8') in height from base grade. c. Signs located more than one hundred feet (100') from any residential property (lot) line shall not exceed fifty (50) square feet in area or ten feet (10') in height from base grade. d. The sign shall comply with all location requirements for wall or freestanding signs with the exception that temporary freestanding signs will be allowed closer than one hundred feet (100') to a permanent freestanding sign. e. Temporary signs may contain a maximum of fourteen (14) items of information displayed on the sign. f. Sign shall be removed within 3 days after the sign no longer meets its intended purpose, but in no event shall be up longer than one year. Examples: for sale/lease, special sales, identification of a prospective business, identification of a construction project B. Balloon Or Searchlight Signs: 1. Temporary Special Event Balloon or Searchlight devices: shall be permitted in conjunction with a temporary special event for a total of four (4) events per year. a. Ground/Roof Secured Balloons: Ground/roof secured balloons shall be permitted provided they do not exceed forty feet (40') maximum height and twenty feet (20') maximum diameter, are limited to spheroid shapes only, and without signage on the balloon(s). Such temporary balloon display shall be limited to a maximum period of four (4) consecutive days. 372461_2 Village Board Meeting - December 6, 2016 Page 431 of 578 b. Ground/Vehicular Mounted Searchlights: Ground/vehicular mounted searchlights may be displayed on private property for a maximum period of four (4) consecutive days. c. Hours Of Operation: Illumination of balloons and searchlight devices shall be turned off between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. 7.302: PERMANENT SIGNS: The following signs shall be permitted in the village, subject to all applicable standards: A. Wall Signs: 1. Number: There shall not be more than one wall sign for each principal tenant or use contained within a building except: a. Where a tenant or use abuts two (2) or more streets, additional wall signs, one oriented to each abutting street, shall be permitted. b. One wall sign may be permitted on walls not facing a street, provided the wall is at least fifty feet (50') from the nearest residential property line. c. One wall sign may be permitted on walls not facing a street provided the wall is adjacent to nonresidential property and is visible from the street. The sign may not encroach upon adjacent nonresidential property except as provided in subsection A5 of this section. d. The director may authorize additional wall signs for distinct uses within an establishment, provided there is a separate entrance from the exterior of the building. e. Wall signs may be permitted which identify the rear entrance of an establishment provided such sign does not exceed ten (10) square feet. f. Where a multi -tenant office -industrial building greater than two (2) stories in height seeks to install a wall sign(s) identifying a primary tenant, only one such tenant may display their identification on the building. g. Sign copy for a single tenant or business wall sign shall contain no more than ten (10) items of information. If the name of the tenant is longer than ten (10) words, then additional items of information are permitted to display the entire name of the tenant. 2. Area: The gross surface area of a wall sign shall not exceed ten percent (10%) of the area of a building wall adjacent to the business, including doors and windows, to which the sign is to be affixed or one hundred fifty (150) square feet, whichever is smaller. The gross surface area of a wall sign may be increased to twenty percent (20%) if the sign consists of only individual, outlined alphabetic, numeric, and/or symbolic characters without background besides the building surface to which the sign is affixed, provided 372461_2 Village Board Meeting - December 6, 2016 Page 432 of 578 the increase in size does not exceed one hundred fifty (150) square feet in area. If the building is set back two hundred fifty feet (250') from the public right of way, the director of community development or his authorized representative may authorize the wall sign to exceed one hundred fifty (150) square feet, but measure no more than three hundred (300) square feet subject to compliance with the percentage requirements discussed above. 3. Projections: No wall sign shall project from the building wall more than twelve inches (12") 4. A mansard sign shall be located on a decorative mansard and shall be single faced and be mounted directly vertical as a wall sign, with no visible angle iron, guywires, braces or secondary supports and all hardware concealed. No mansard sign shall extend above the highest point of the mansard structure. 5. Encroachment: In instances where an exterior wall sign encroaches less than one foot (1') upon an abutting property, a sign permit may be permitted provided the abutting property owner has granted written permission for the encroachment. B. Wall Signs in Shopping/Business centers: 1. Shopping/Business centers shall submit a written sign criteria identifying sign type, color and design to be used within the center to unify wall signage. Upon approval by the director, this criteria shall be used in addition to these guidelines to evaluate the design of all new signs in the shopping/business center. 2. In Shopping/Business centers where a written sign criteria has not been established, and a mixture of sign types, colors, and design has been utilized for existing wall signs, then the sign criteria for any future wall signs proposed for that shopping center shall be established by the maximum percentage of signs currently installed on the site. C. Logographs: In addition to other signs permitted under these regulations, wall mounted logographs shall be permitted provided: 1. No more than one logograph may be permitted per street frontage per establishment, except that a logograph may be permitted on a wall not facing a street, provided the wall is adjacent to nonresidential property and is visible from the street. The logograph may not encroach upon adjacent property except as provided in subsection 7.302 A.5 of this article. 2. Such logograph shall not exceed twenty five (25) square feet in area. 3. The area of any logograph, when located on the same building elevation as a wall sign, will be included in the maximum sign area. D. Awning and Canopy Signs shall be permitted subject to the following: 372461_2 Village Board Meeting - December 6, 2016 Page 433 of 578 1. An Awning or Canopy Sign may be used as primary signage provided no wall signs are directed to the same street frontage. The area of such sign shall not exceed fifty percent (50%) of the exterior surface area of the awning, or face of the canopy, up to a maximum of one hundred fifty (150) square feet, whichever is less. 2. An Awning or Canopy Sign may be used as secondary signage, in addition to a primary sign provided the area of the secondary sign does not exceed fifteen percent (15%) of the exterior surface area of the awning or face of the canopy, up to a maximum of four (4) square feet, whichever is less. 3. Under -Canopy Signs: An additional canopy sign may be mounted on the underside of a canopy, perpendicular to the building wall, provided no more than one such sign is installed per establishment. The area of such canopy sign shall not exceed four (4) square feet. 4. Projection: No canopy sign shall project more than twelve inches (12") from the canopy proper. 5. Clearance: A clearance of eight feet (8') shall be maintained from base grade to the lowest point on the sign. 6. In a B-5 Zoning District: a. Canopies or awnings permitted under these regulations may extend over the public right of way the lesser of five feet (5) or to within two feet (2') of the curb line; provided no supporting posts, columns, or braces extend beyond the property line. E. Projecting Signs: 1. Number: One projecting sign per street frontage per establishment shall be permitted, provided no other signs for such establishment are located on the same building wall, except as provided in subsection 7a of this section. Projecting signs will not be permitted on industrial buildings or on street frontages of buildings located along major arterial roadways. 2. Area: The area of a projecting sign may not exceed sixteen (16) square feet. 3. Height: No projecting sign shall extend above the roofline of the building on which it is located or fourteen feet (14') from base grade, whichever is less. 4. Projection: No projecting sign shall project from the building wall more than four feet (4'). 5. Clearance: Projecting signs shall be located such that a clearance of eight feet (8') is maintained from base grade to the lower edge of the sign face. 6. Indemnification/Insurance: Where a projecting sign authorized by this Code overhangs any portion of the Village's right of way, the owner of such sign shall execute an indemnification/insurance agreement in a form provided by the Community Development 372461_2 Village Board Meeting - December 6, 2016 Page 434 of 578 Director that indemnifies and defends the Village from any liability or legal claim arising out of the location and/or operation of such sign. Such indemnification shall be funded by insurance, naming the Village as an additional insured, in an amount to be determined by the Community Development Director. 7. In a B-5 zoning district: a. Number: One projecting sign shall be permitted per business establishment. A projecting sign and a wall sign may be placed on the same wall provided that the projecting sign complies with 1-5 above and the size of the wall sign does not exceed twenty five percent (25%) of the maximum size permitted by this code. b. Location: Projecting signs permitted under these regulations may extend over the public right of way four feet (4') or to within two feet (2') of the curb line, whichever is less. F. Directory Signs: Directory signs which identify only the names and locations of occupants or uses within a building or on a lot shall be permitted in addition to other signs permitted under these regulations. 1. No more than one directory sign per lot. 2. No directory sign shall exceed twenty (20) square feet in area or eight feet (8') in height from base grade. 3. No directory sign shall be located closer than fifty feet (50') to any property line. G. Freestanding Signs: 1. Number: a. No more than one freestanding sign per street frontage per lot shall be permitted with the following exception: Freestanding identification signs in lieu of wall signs shall be permitted in a multi -tenant office or industrial building provided that each tenant has a separate at grade entrance. The sign shall be located at the entrance to the tenant's space. No sign shall exceed ten (10) square feet or six feet (6') in height from base grade. b. Sign copy for single tenant freestanding sign shall contain no more than ten (10) items of information. For changeable copy signage refer to subsection 7.302 H of this article. c. Sign copy for a multi -tenant freestanding sign may contain the names of no more than six (6) tenants on a sign face for a retail or service business center. A maximum of eighteen (18) items of information is permitted. Changeable copy/Electronic Message Center signage shall not be combined with multi -tenant signs. 372461_2 Village Board Meeting - December 6, 2016 Page 435 of 578 d. Freestanding signs on properties with multiple street frontages shall be oriented perpendicular to the street right of way. 2. Height: No freestanding sign shall exceed twelve feet (12') in height from base grade. Berms shall not be considered base grade. (See section 7.702 of this chapter for illustration.) 3. Area: No freestanding sign for a commercial use shall exceed the maximum area of seventy five (75) square feet per sign face. 4. Business Identification: No freestanding sign shall be closer than fifty feet (50') to another freestanding sign on the lot except as otherwise permitted in this article (temporary signs). 5. Setback: No freestanding signs shall be located closer than five feet (5) to a property line. 6. Distance Measurement: The location of a freestanding sign shall be measured as the distance between the point of reference specified and the closest point on the sign. 7. Vision Clearance: No building, structure, sign, planting or other obstruction which is over three feet (3') in height, shall be located within a triangular area established at the intersection of 2 streets, or street and driveway, public walk, bike path or public walking path. Such triangle shall have legs of ten feet (10') along the property lines when two streets intersect or within 10' of the driveway, public walk, bike path or public walking path. In unique situations, the director shall determine the distance that is reasonably safe. 8. Overhang: No freestanding sign may overhang any part of a structure, parking or loading space, driveway or maneuvering aisle. 9. Landscaping: All freestanding signs must be located in a landscaped area separated and protected from vehicular circulation and parking areas. A minimum of two (2) square feet of landscaping will be required for every one square foot of sign face required. When located in a parking area, perimeter curbing is required. Landscaping shall form an attractive, dense cluster at the base of the sign. 10. Single pole signs: shall have a pole skirt at least'/2 of the width of the sign. 11. Gas Station: Changeable copy used in a gas station freestanding sign shall be included in the maximum sign area for allowable freestanding signs. H. Changeable Copy Sign/ Electronic Message Center: Shall be permitted when incorporated into a freestanding sign subject to all applicable standards. 1. No more than six (6) permanent items of information will be allowed on a sign which incorporates changeable copy. The changeable copy portion of the sign shall be limited to less than forty percent (40%) of the total area of the sign face, and located below the permanent items of information. 372461_2 Village Board Meeting - December 6, 2016 Page 436 of 578 2. The changeable message format shall conform to the following requirements: a. The message will contain a static message only, and not have movement, or the appearance or optical illusion of movement during the static display period. b. The transition to change from one message to another shall be instant (a.k.a. slideshow) and not dissolve, fade, scroll, travel or have similar transitions. c. The message shall not change more frequently than once every ten (10) seconds. 3. All electronic message center signs must be equipped with a default mechanism that will stop the messaging or freeze the image in one position when a malfunction in electronic programming occurs. 4. See brightness guidelines in Article IV Section 7.401 Illumination. I. Directional Signs: 1. Signs which direct or regulate the movement of pedestrians or vehicles into or within a site provided: a. No more than one such sign is displayed per driveway entrance; and such signs are displayed within the interior of the lot as approved by the director. b. The sign does not exceed ten (10) square feet in area or six feet (6') in height from base grade for freestanding signs or fifteen feet (15') in height from base grade for wall signs. c. No more than ten percent (10%) of the area of the sign is used to identify any business, product or service. Menu Board: One menu board for a drive-in restaurant or per drive-through lane shall be permitted in addition to other signs permitted under these regulations, provided such sign does not exceed forty (40) square feet in area or eight feet (8') in height from base grade, and light from the menu board is contained to the drive-through lane only. K. Off Premises Signs: The following standards shall apply: 1. The sign must direct attention to a business on a lot adjacent to the lot on which the sign is located. 2. The sign must be located on a lot which is adjacent to a major arterial street. 3. The number of freestanding signs permitted by this article shall not be increased by the placement of the off premises sign. 4. The lot on which the business to be benefited by the off premises sign must not have any frontage on an arterial street. 372461_2 Village Board Meeting - December 6, 2016 Page 437 of 578 5. The sign may contain changeable copy as provided for in subsection 7.302 H. of this article. 6. A letter of consent from the property owner where the sign is to be placed must be submitted with the sign permit application. L. Development Identification Signs: 1. Size: a. Single-family (attached and detached) subdivision signs shall be a maximum of thirty five (35) square feet. b. Business and multi -family residential signs shall be a maximum of seventy five (75) square feet in area; provided, however, that in any development which exceeds seventy five (75) acres, an additional one square foot of sign area for each additional acre of such development shall be allowed, to a maximum of one hundred fifty (150) square feet in area. 2. Height: a. Single-family subdivision and multi -family residential signs shall be a maximum of eight feet (8') in height from established grade. b. Business signs shall not exceed twelve feet (12') in height from established grade 3. Location: a. Single-family subdivision and multi -family residential signs shall be located a minimum of five feet (5') from any property line. b. Business signs shall be located a minimum of twelve feet (12') from any property line. The distance from the property line shall increase one foot (1') for each six and one-fourth (6.25) square feet of sign area over seventy five (75) square feet. Article IV ILLUMINATION AND MAINTENANCE 7.401: ILLUMINATION: Any sign permitted under these regulations may be illuminated, provided such illumination complies with the following: A. Hours Of Operation: All illuminated signs within one hundred feet (100') of any residential property (lot) line shall be turned off between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. unless the establishment is engaged in the operation of its business with employees on the premises during such period. B. Installation Or Application: Illumination shall be installed or applied such that: 372461_2 Village Board Meeting - December 6, 2016 Page 438 of 578 1. The light source is contained within the sign and is visible only through a translucent surface or recessed into the sign structure; or 2. The light source is external to the sign and is directed to and concentrated on the sign; or 3. The light source is supplied by neon tubing. C. Glare: Illumination shall be prevented from striking or causing a glare on the street or nearby properties. D. Protection Of Light Source: Floodlights, gooseneck reflectors or other external sources of illumination shall be contained within a protective casing. E. Motion: Illumination shall be constant in intensity and color and shall not consist of flashing, animated, chasing or scintillating lights. Electronic message centers, as defined herein, shall not be considered "flashing" signs for the purposes of these regulations. F. Brightness Limitations: In no instance shall the lighting intensity of any sign, whether resulting from internal or external illumination, exceed seventy five (75) foot-candles when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign. G. Electronic message center signs must not exceed 0.3 footcandles over ambient lighting conditions when measured at the recommended distance, based on the electronic message center size. The recommended distance = area o f sign sq ft x 100 H. All electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements. 7.402: MAINTENANCE: A. All signs authorized under this Code shall be properly maintained at all times. Proper maintenance includes, but is not limited to, keeping all materials, surfaces and lettering in good condition and physical appearance, as well as keeping any mechanical or illumination features in good working order and condition. B. The Village, through an authorized inspector, shall have the authority to inspect any sign authorized under this Code to determine whether it is properly maintained. Any sign found not to be in good condition or working order as described in subsection A of the Section 7.402 shall be removed, repaired or replaced. C. Abandoned signs shall be removed when they have been found by the Director to be causing confusion to the public or pose a safety hazard. Article V ADMINISTRATION AND ENFORCEMENT 372461_2 Village Board Meeting - December 6, 2016 Page 439 of 578 7.501: PERMITS: A. Unless otherwise exempted under this chapter, no sign shall be erected, altered or relocated without a permit for such sign, issued by the village with the approval of the director as required by this chapter. B. No sign permit shall be required for repainting, cleaning and other normal maintenance or repair of a sign structure for which a permit has been previously issued. C. Prior to the filing of an application for a sign permit the staff is available to meet with business owner, property owner, and/or sign company to review any concepts. D. See the Sign Permit Application for submission requirements. E. See Appendix A, Division 11 of the Village Code for sign permit fees 7.502: NONCONFORMING SIGNS: The owner or beneficial user of any legal, nonconforming sign shall maintain such sign in good condition and repair, provided that said sign shall not be changed or altered in any manner other than replacing a face panel, shall not be changed to another nonconformity; shall not be expanded; shall not be structurally altered to prolong its useful life; or shall not be moved in whole or part to any other location where it would remain nonconforming. 7.503: ILLEGAL SIGN (BOTH TEMPORARY AND PERMANENT): A sign installed without a permit and/or in conflict with the provisions of this chapter is a violation of the sign code and subject to penalty fees per day of violation as set forth in appendix A, division III of this code. Any permit fees associated with an illegal sign shall be paid at twice the normal fee requirements. Article VI APPEALS VARIATIONS AND TEXT AMENDMENTS 7.601: SCOPE OF APPEALS, VARIATIONS AND TEXT AMENDMENT: An appeal from a staff decision made in interpreting, applying and/or enforcing the regulations contained in this chapter may be taken to the planning and zoning commission. A variation may be requested from the height, area, and minimum distance requirements contained in this chapter. The planning and zoning commission shall hear text amendment requests and make a recommendation to the village board for final action. 7.602: NOTICE REQUIREMENT: A. An applicant shall file notice of such appeal, variation or text amendment forms provided by the director, who shall forward a copy without delay to the village clerk for processing and notice. B. The notice shall be published in the local newspaper not less than five (5) days prior to a public hearing before the planning and zoning commission. 372461_2 Village Board Meeting - December 6, 2016 Page 440 of 578 C. The notice of appeal, variation or text amendment shall contain the following information, as well as such additional information as may be prescribed by the planning and zoning commission. 1. A legal description of the subject property. 2. The commonly known location (address) of the subject property and property identification number (PIN). 3. A brief statement of the nature of the requested appeal or variation. 4. The name(s) and address(es) of the legal and/or beneficial owner(s) of the property for which such appeal, variation, and text amendment is requested and the written approval from the property owner to apply for such request. 5. The name(s) and address(es) of the petitioner(s). 6. The name of the legal representative of the petitioner, if any. D. At the time of filing, the notice of appeal, variation, or text amendment shall be accompanied by such plats and exhibits as may be reasonably necessary for a proper determination of the question presented for review. E. Fees as set forth in appendix A, division 11 of this code. 7.603: PROCESSING, NOTICE AND HEARING: A. Upon receipt by the village a copy of the notice of appeal, variation, or text amendment that has been duly filed with the director, the village clerk shall assign the case and/or docket number to the petition and shall maintain a file for such petition, which file shall be open to the public for inspection during regular business hours. All documents pertinent to the case (application, evidence, exhibits, transcript or record of proceedings, etc.) shall be placed in said file by the village clerk. 7.604: ACTION ON APPEAL OR VARIATION: A. The planning and zoning commission shall, within fifteen (15) days after the hearing, decide the appeal made from such order, requirement, decision or determination made by the village staff in the administration and enforcement of this chapter. The planning and zoning commission shall use the physical parameters and guidelines included in this chapter as the standards for their decision. B. The planning and zoning commission shall, within fifteen (15) days after the hearing, decide the variation requested from the standards and/or general objectives contained in this chapter. The planning and zoning commission shall recommend action to the village board on text amendment requests within fifteen (15) days of the hearing. The planning and zoning commission shall use the physical parameters and guidelines included in this chapter as the standards for their decision or recommendation. 372461_2 Village Board Meeting - December 6, 2016 Page 441 of 578 C. No permit shall be issued during the pendency of an appeal, variation or text amendment before the planning and zoning commission, nor while litigation is pending in any court challenging the village's actions, nor while any appeal, variation or text amendment is pending from any court's action overriding or reversing the village's actions, nor during the time within which such appeal from a court's action can lawfully be taken. D. Nothing in this section shall be construed as abolishing any other regulation restricting the issuance of permits or the construction or alteration of buildings but is in addition thereto and declared to be an emergency measure and necessary for the immediate preservation of the public peace, health, safety and general welfare. 7.605: STANDARDS FOR VARIATIONS: A. The planning and zoning commission shall not recommend or grant a variation unless it shall make findings of fact based upon evidence presented at the hearing in any given case that: 1. The sign in question cannot reasonably identify the establishment if permitted to be used only under the conditions allowed by the regulations of the sign ordinance. 2. The plight of the owner is due to unique circumstances and the proposed variation will not merely serve as a convenience to the petitioner, but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations of this chapter were carried out and which particular hardship or practical difficulty is not generally applicable to other comparable signs or properties. 3. The alleged hardship has not been created by any person presently having a proprietary interest in the subject sign (or property). 4. The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood. 5. The proposed variation will not impair visibility to the adjacent property, increase the danger of traffic problems or endanger the public safety. 6. The proposed variation will not alter the essential character of the neighborhood; and 7. The proposed variation is in harmony with the spirit and intent of this chapter. B. The planning and zoning commission may impose such conditions and restrictions upon the subject sign and property, the location, the construction, design and use of the sign benefited by such a variation as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values, and ensure traffic safety. 7.606: STANDARDS FOR TEXT AMENDMENTS: 372461_2 Village Board Meeting - December 6, 2016 Page 442 of 578 A. When a text amendment is proposed, the planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: 1. The degree to which the proposed amendment has general applicability within the village at large and not intended to benefit specific property. 2. The consistency of the proposed amendment with the objectives of this chapter and the intent of the applicable sign regulation. 3. The degree to which the proposed amendment would create nonconformity. 4. The degree to which the proposed amendment would make this chapter more permissive. 5. The consistency of the proposed amendment with other plans and ordinances regulating property development. 6. The degree to which the proposed amendment is consistent with village policy as established in previous rulings on petitions involving similar circumstances. Article VII DEFINITIONS AND ILLUSTRATIONS 7.701: DEFINITIONS: APPEARANCE: The outward aspect visible to the public ARCHITECTURAL STYLE: The characteristic form and detail, as of buildings of a particular historic period. AWNING: A rooflike structure made of cloth which projects from a building for the purpose of shielding a doorway or window. BANNER: A temporary sign applied to or constructed of paper, plastic or fabric of any kind with or without frame, used to identify or attract attention to a location, object, institution, product, service or business. Flags of nations, states, political subdivisions, businesses or institutions shall not be considered banners for purposes of this chapter. BUILDING WALL AREA: The area within a rectangle which encompasses a continuous portion of a building facade, unbroken by windows, doors, or major architectural interruptions of the building surface. For signs located completely within a gable, building wall area may be triangular in shape. CANOPY : A permanent hood, awning or rooflike construction which projects from a building wall for the purpose of providing shelter or protection from the weather. CANOPY SIGN: Any sign that is fastened, affixed, or attached to and erected parallel to a canopy or marquee in such a manner that the canopy becomes the supporting structure or forms the background surface of the sign, and which does not project more than twelve inches (12") from the canopy. 372461_2 Village Board Meeting - December 6, 2016 Page 443 of 578 CHANGEABLE COPY SIGN: Any sign that is designed or used so that characters, letters or symbols can be manually changed or rearranged without altering the surface of the sign. CODE: The village code of Mount Prospect, Illinois. COMMERCIAL SIGN: A sign that directs attention to a business, or to a service or commodity for sale and/or profit. DEVELOPMENT IDENTIFICATION SIGN: A sign which identifies the name of a development consisting of at least five (5) business establishments or a single-family subdivision when the development comprises a minimum of thirty (30) acres. DIRECTOR: The director of community development of the village of Mount Prospect, and/or his duly authorized agent(s). DIRECTORY SIGN: A sign which identifies only the names and locations of occupants or uses within a building or on a lot. ELECTRONIC MESSAGE CENTER: Any sign which uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and may be modified by electronic processes. ESTABLISHMENT: A. Any institution, business or industrial activity that is the sole occupant of one or more buildings having frontage on at least one public street, or B. Any institution, business or industrial activity that occupies a portion of a building such that the activity is a separate and distinct business from the other activities within the building. FLAG: A construction of fabric, plastic or paper depicting through symbols, characters, design or letters, a nation, political subdivision, institution or business when hung, without frame, from a staff or pole. FREESTANDING SIGN: Any sign placed upon or supported by structural members placed in the ground independently of any other structure on the lot. GRADE: The elevation above mean sea level used for establishing the following: A. Base Or Established Grade: The average elevation of the established curb extending the width of the front of a lot or, where no curb is established, the average elevation of the crown of the street adjacent to the front of a lot. ILLUMINATED SIGN: Any sign lighted by or exposed to artificial lighting whether by lights on or within the sign or directed toward the sign. ITEM OF INFORMATION: Aword, an abbreviation, a single number, a series of numbers, a symbol or a geometric shape greater than two inches (2") in height contained in a sign. A sign which combines several different geometric shapes or shapes of unusual configuration, is assessed one item of information for each noncontiguous plane. Punctuation marks and 372461_2 Village Board Meeting - December 6, 2016 Page 444 of 578 hyphenations are exempt LANDSCAPING: Plant materials, topography, and other natural physical elements combined in relation to one another and to manmade structures. LOGOGRAPH: A sign which consists of symbols, words, pictures, letters or other graphic elements arranged in a generally recognizable fashion used to represent a particular trade, corporation, profession or business; including, but not limited to, corporate emblems, trademarks, logos and barbers' poles. Any words or letters included in a logograph shall be incidental to the graphic elements. MANSARD: A roof having a steep slope, attached to the face and main structure of the building, which may extend above the parapet line or roofline of the building. MANSARD SIGN: A sign that is mounted on a mansard of a building NON-COMMERCIAL SIGN- a sign that does not direct attention to a business, or to a service or commodity for sale and/or profit (e.g. political, religious, ideological or public information signs). PORTABLE SIGN: Any sign designed to be moved from place to place or not securely attached to the ground or to any structure. PROJECTING SIGN: Any sign mounted perpendicular to a wall that is fastened, affixed or attached directly to an outside wall of a building as permitted in Section 7.302. ROOF SIGN: A sign erected or maintained in whole or in part upon, against or directly above the roof or parapet line of a building. ROOFLINE: The top of the parapet of a building with a flat roof, the deck line of a building with a mansard roof, or the eaves line of a building with a gable, gambrel or hip roof. SHOPPING/BUSINESS CENTER: A commercial center developed under one ownership, with an integrated building and site arrangement and overall architectural concept. SIDEWALK SIGN: Any sign placed on a sidewalk which contains a message on one or both sides. Sidewalk signs may not be permanently attached to the ground or structure. SIGN: Any surface, object, device, display, structure or fabric which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means; including, but not limited to, words, figures, designs, symbols, fixtures, colors, illumination, projected images, or forms shaped to resemble any human, animal, product or object. SIGN AREA: The area of a sign, measured as follows A. Freestanding or projecting signs shall be measured as the sign area which encompasses the extreme limits of each and every sign face, including all advertising and background surfaces; but excluding structural members not forming an integral part of the display or pole covers which contain no advertising copy for double faced signs. The area of all such faces 372461_2 Village Board Meeting - December 6, 2016 Page 445 of 578 shall be totaled and such resultant area shall be divided by two (2) to determine the total sign area. B. All other signs shall be measured as the area which encompasses all letters, words, symbols, or other graphic elements, plus any background area which does not appear as a continuous portion of the building surface. SIGN FACE: The surface or surfaces used for the display of a sign message as seen from any one direction. TEMPORARY SIGN: Any sign intended for a limited period of display, the maximum length of which shall be one year. TEXT AMENDMENT: A change to a section or provision of the sign ordinance which requires final action by the village board of trustees following a recommendation and public hearing by the planning and zoning commission. VARIATION: A change from the regulations established in this chapter. Variations are granted upon documentation of a hardship, if the "standards for variations" outlined in section 7.605 of this chapter apply. VILLAGE: The village of Mount Prospect, Illinois. WALL SIGN: Any sign that is fastened, affixed or attached to and erected parallel to an exterior building wall in such a manner that the wall becomes the supporting structure or forms the background surface of the sign, and which does not project more than twelve inches (12") from the building. WINDOW: An opening in the wall of a building for admission of light containing transparent or translucent material such as glass. WINDOW SIGN: Any sign that is applied or attached to a window or is located within a building such that the sign is located to be viewed from the exterior of the building. WINDOW SURFACE AREA: The area of a building facade which is occupied by a window. 7.702: ILLUSTRATIONS: Sign Types 372461_2 Village Board Meeting - December 6, 2016 Page 446 of 578 WII G Sign Area- Wall VIIIFUUMIIIID 372461_2 Sign Area- Freestanding Freestanding i Area = A x IM N " N Village Board Meeting - December 6, 2016 Page 447 of 578 Building Wall Area a A = Width of tenant space a BuildingWallArea 1r Base or Established Grade 372461_2 r Established Grade Village Board Meeting - December 6, 2016 Page 448 of 578 Vision Clearance No sign Over ' in height within this area —i � \_1 ��-/ rr Roadway p.Pir C1li? '�- ._, I ~s I SECTION 3: Section 9.304 "Driveways" to Article III "Public Streets and Sidewalks" to Chapter 9 "Public Utilities, Pavement and Tree Regulations" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: 9.304: DRIVEWAYS AND DRIVE AISLE APRONS: It shall be unlawful to construct or maintain any driveway or drive aisle apron in or across any public walk in the village where this necessitates any interference with or change in the grade of any public sidewalk, curb or parkway without having first obtained a permit from the director of community development as detailed in chapter 15 of this code. All driveways or drive aisle aprons shall be constructed in conformance with the construction specifications detailed in section 16.306 of this code. The fee for such permit shall be as required in section 15.803 of this code, and as set forth in appendix A, division 11 of this code. It shall be the responsibility of the owner of the property which the driveway or drive aisle serves to maintain said driveway or drive aisle apron. Maintenance responsibilities include, but are not limited to, the following: A. Keeping the driveway apron pavement in good repair. B. Keeping the dFiveway apron free from snow and ice or any obstruction. 372461_2 Village Board Meeting - December 6, 2016 Page 449 of 578 C. Keeping any culverts underneath the driveway apron in good repair and free of any debris. (Ord. 5253, 5-21-2002) SECTION 4: Article III "General Provisions" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be removed in its entirety and shall be replaced in its entirety as follows: 14.301: INTERPRETATION OF ZONING REQUIREMENTS: In their interpretation and application, the requirements and provisions of this chapter shall be considered to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience, prosperity and general welfare of residents of the village. This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive, or impose a higher standard or requirements than such easements or other private agreements, the requirements of this chapter shall govern. All buildings erected hereafter, all uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings after adoption of this chapter shall be subject to all regulations of this chapter and the applicable zoning district. Except for an "accessory use", as defined in this chapter, any use or potential use of land or a structure which is not specifically enumerated as a permitted use, conditional use or use in limited circumstances, within a particular district, shall be prohibited. This prohibition is subject to article IV of this chapter. (Ord. 4590, 9-21-1993) 14.302: SEPARABILITY: It is the intention of the board of trustees that the individual provisions of this chapter are separable in accordance with the following: A. If any court shall judge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in said judgment. B. If any court shall judge invalid any application of any provision of this chapter for a particular property, building, or use of land, such judgment shall not affect the application of such provision to any other property, building, or use of land not specifically included in said judgment. (Ord. 4590, 9-21-1993) 14.303: TRANSITIONAL STANDARDS OF THIS ZONING ORDINANCE: Provisions governing the applicability of this chapter as it relates to the previous zoning ordinance are established as set forth below: A. Existing Permitted Uses: If a use which was classified as permitted prior to the effective date of this chapter is classified as a conditional use by this chapter, such use is hereby deeded a lawful conditional use for the purposes of this chapter. 372461_2 Village Board Meeting - December 6, 2016 Page 450 of 578 B. Existing Special Uses: 1. A special use approved prior to the effective date hereof shall be considered a legal conforming use if it is classified as a permitted use by this chapter. 2. A special use approved prior to the effective date hereof shall be considered a legal nonconforming use if it is not classified as a permitted or conditional use by this chapter. Such use shall be subject to the applicable nonconforming provisions of article IV of this chapter. 3. If the approval of a special use was subject to any governing conditions, those conditions shall continue in full force and effect unless a new conditional use is obtained. C. Uses Rendered Nonconforming: When a building, structure or lot or parcel is used for a purpose which was a lawful use before the effective date hereof, but such use is no longer classified as a permitted use or conditional use in the zoning district in which it is located, such use is hereby considered a nonconforming use and shall be regulated by the provisions of article IV of this chapter. D. Buildings, Structures And Lots Rendered Nonconforming: When any building or structure which existed on the effective date hereof does not meet all standards set forth in this chapter, such building or structure is hereby considered nonconforming and shall be regulated by the provisions of article IV of this chapter. E. Previously Issued Building Permits: When a building permit for a building or structure has been lawfully issued prior to the effective date hereof, and if such building or structure and proposed use of the building do not meet the requirements of this chapter, such building or structure may be completed in accordance with the plans on the basis of which the building permit was issued. However, such construction must begin within six (6) months of the date of the permit issuance, and pursued diligently to completion. Upon completion, such building or structure may be issued a certificate of occupancy for the use originally intended, subject to the applicable nonconforming provisions of this chapter. (Ord. 4590, 9-21-1993) 14.304: BULK REGULATIONS: Bulk regulations shall be set forth in each zoning district for all buildings, structures, and uses of land. In addition, the following general standards shall supplement the specific requirements of each zoning district: A. Minimum Lot Size/Division Of Zoning Lots: Every lot created after the effective date hereof shall meet the minimum lot area and minimum lot width requirements of the zoning district within which it is located. In any zoning district, a building, structure or use of land may be established on any lot which is a lot of record or zoning lot on the effective date hereof, provided that all other bulk regulations of the zoning district are met. B. Yard Requirements: All yard requirements shall be set forth under each zoning district for all buildings, structures and uses of land. All required yards shall be located on the same lot as the building, structure or use of land for which such yard is required. The right of way for any public roadway, public alley which exists by dedication shall not be included as part of a required yard. 372461_2 Village Board Meeting - December 6, 2016 Page 451 of 578 C. Number Of Buildings On A Lot: Not more than one principal building shall be located on any zoning lot in a zoning district, except in the case of a PUD, where more than one principal building on a zoning lot shall be allowed as part of a PUD. 14.304.1: DESIGN STANDARDS: A. Downtown Design Guidelines: 1. Purpose: The downtown design guidelines contained herein shall serve the built environment within the downtown by promoting the use of high quality materials; supporting a unified pedestrian oriented environment, a mix of land uses, and thriving public spaces; and promoting and enhancing the character of the downtown. The downtown design guidelines shall be in addition to code requirements found elsewhere in this chapter. For the purposes of this section, the "downtown" shall be defined as: a. Properties located in the B-5 and B -5C zoning districts. b. Properties located along Prospect Avenue from Central Avenue to William Street. c. Properties located along East Lincoln Street from Maple Street to William Street. 2. Applicability: The downtown design guidelines shall be applicable to the following projects within the downtown: a. Construction of new buildings. b. Additions to existing buildings. c. Facade improvements to existing buildings. Facade improvements solely consisting of replacement of windows and doors of like size and location are exempt from the guidelines of this section. 3. Building Design: The architectural design and details of the building shall meet the following objectives: a. Linear Massing: Facades fifty feet (50') or greater in length facing a front or exterior side lot line shall vary the depth of the structure, by way of recesses and projection within the building's architecture. These details shall break up the massing of the structure in addition to any windows and building entrances along the facade. b. Access: All buildings with a total width greater than fifty feet (50') shall have a minimum of one entryway at the front of the building, defined as the facade of the building which faces the front or exterior side lot line. Buildings constructed on a corner lot may choose the building's orientation; access may be from either the front or the exterior side. c. Windows And Doors: The first floor of buildings shall have a minimum of twenty five percent (25%) of the facade area facing a front or exterior side be devoted to glass windows and/or doors. Windows and doors should be used as an opportunity to provide architectural interest which breaks up building massing and supports a pedestrian friendly 372461_2 Village Board Meeting - December 6, 2016 Page 452 of 578 environment. If solid, windowless walls are necessary to the building's function, architectural details shall be included to add visual interest. d. Rooflines: The roofline of a building should include architectural details which add to its overall design, such as cornices, dormers, or parapet walls. e. Materials: Durable, high quality building materials which do not require frequent maintenance, such as brick, stone, and glass, shall be used for facades which are visible from the street. Materials located along a single facade shall be harmonious in design and color. f. Vertical Massing Of Multi -Story Buildings: Multi -story buildings shall be visually divided using architectural details such as differing building materials or stepbacks to reduce the sense of mass and highlight the first floor to a pedestrian scale. 4. Site Design: a. Building Setbacks And Parking Lots: Building setbacks shall conform to section 14.905 of this chapter when applicable. Where possible, parking lots shall not be located between the street and the building's front facade. b. Landscaping: Sites shall comply with the landscape provisions found in article XXIII of this chapter. The use of landscape planters, decorative fencing and similar treatments shall be encouraged in all outdoor areas where public gathering is desired, such as patio dining or other outdoor seating areas. c. Pedestrian Access: All buildings shall have clear pedestrian access from a public walkway to the entrance(s) of the building. Sidewalks located on private property, to be utilized by the public, shall be a minimum of seven feet (7') in width. d. Streetscape Improvements: Areas located immediately adjacent to village right of way shall blend into the village's existing streetscape improvement program where applicable. e. Bicycle Facilities: Properties which incorporate parking lots shall also provide bicycle racks on site. Bicycle parking shall be provided at a minimum amount of ten percent (10%) of the vehicle parking provided on site. U-shaped racks, similar to those installed by the village, are the preferred design. B. Additional Design Standards: The following design standards are applicable to the entire village: 1. Visual Expanse: Any structure over two hundred feet (200') in length shall be designed so as to stagger the building facades which face a right of way, parking lot, or adjacent residential property, in order to break up the visual expanse of the structure. 2. Screening Of Mechanical And Utility Equipment: a. When feasible, mechanical equipment should be located within the principal structure in order to minimize exterior visual impacts. 372461_2 Village Board Meeting - December 6, 2016 Page 453 of 578 b. All rooftop mechanical equipment shall be hidden when viewed from ground level as viewed from the public right-of-way or property line of any adjacent residentially zoned property. If screening is required, it shall be a continuous, permanent, sound attenuating and noncombustible screen of a color compatible with the principal structure. For new construction, the screen should be designed as an architectural component of the structure in the form of a parapet wall. The addition or modification of rooftop equipment on existing buildings shall be screened to the extent that is feasible, as determined appropriate by the community development director. If structural modifications are required to accommodate screening of mechanical equipment, it shall comply with the building code in effect at the time modifications are made. c. All ground mounted mechanical and utility equipment that is six feet (6) or less in height shall be screened from view utilizing landscaping which will grow to the height of the ground based utility. Ground mounted mechanical and utility equipment taller than six feet (6) in height that is visible from the right-of-way or adjacent residential property shall be screened from view with an enclosure that is constructed to be consistent with the material of the principal structure, as determined appropriate by the community development director. d. Screening of mechanical equipment shall be required when new equipment is installed and in such cases shall be provided around both new and existing mechanical equipment in order to provide visual continuity where feasible and practical, as determined by the community development director. Normal maintenance of mechanical equipment shall not mandate the screening requirement. (Ord. 4590, 9-21-1993; amd. Ord. 4678, 10-4-1994; Ord. 4866, 6-17-1997; Ord. 5034, 7-20-1999; Ord. 5173, 3-6- 2001; Ord. 5220, 11-6-2001; Ord. 5253, 5-21-2002; Ord. 5426, 4-20-2004; Ord. 5751, 8- 4-2009; Ord. 6112, 12-17-2013) 14.305: REGULATIONS FOR RADIO, SATELLITE AND TELEVISION ANTENNAS, TOWERS AND DISHES: A. General Provisions: 1. Compliance With Requirements Of This Section: Antenna towers and dishes which do not comply with the requirements of this section may be authorized only in accordance with the procedures for conditional uses. All antenna towers and dishes shall be constructed to meet or exceed the minimum wind velocity and construction standards specified in the building code'. 2. Satellite Dishes And Personal Wireless Service Facilities: Satellite dishes that are less than three feet (3') in diameter and personal wireless service facilities are not regulated by this section. 3. Amateur Radio Antennas: Antennas used for amateur radio purposes shall comply with the requirements in subsection D of this section. B. Ground Mounted Antenna Towers Or Dishes: 1. Number Permitted: There shall not be more than one ground mounted antenna tower or dish located on a zoning lot. 372461_2 Village Board Meeting - December 6, 2016 Page 454 of 578 2. Location: Ground mounted antenna towers and dishes shall not be located in any required yard except for rear yards and shall be set back a minimum of five feet (5') from the lot line. 3. Height Restrictions: The height of all antenna towers or dishes shall include any accompanying base or support structures and shall be measured from finished grade to the highest point of the antenna. a. Residential zoning districts: (1) Antenna Towers: Federally licensed towers shall not exceed a maximum height of seventy feet (70'). (2) Dish Antennas: Ground mounted dish antennas shall not exceed fifteen feet (15') in height. b. Nonresidential zoning districts: (1) Antenna Towers: Ground mounted antenna towers shall not exceed seventy feet (70') in height, unless authorized by a conditional use permit. (2) Dish Antennas: Ground mounted dish antennas shall not exceed the height of the building by which they are located. 4. Diameter: a. Residential Zoning Districts: (1) Ground mounted dish antennas shall not exceed ten feet (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. Screening: All ground mounted dish antennas must be screened with landscaping or fencing as determined appropriate by the community development director. C. Roof Mounted Antenna Towers And Dishes: 1. Number Permitted: a. Residential zoning district: There shall not be more than one roof mounted antenna tower or dish located on a zoning lot. b. Nonresidential zoning district: There shall not be more than one roof mounted antenna tower or dish for each separate establishment located within a zoning lot. 2. Location: Subject to structural approval, roof mounted antenna towers and dishes shall be located on the principal building to which they are an accessory. 372461_2 Village Board Meeting - December 6, 2016 Page 455 of 578 3. Height Restrictions: a. Residential Zoning Districts: (1) Antenna Towers: Roof mounted 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. (2) Dish Antennas: Roof mounted dish antennas shall not project higher than the maximum height allowed for the building upon which they are located. b. Nonresidential Zoning Districts: (1) Antenna Towers: Roof mounted antenna towers shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located. (2) Dish Antennas: Roof mounted dish antennas shall not project higher than the maximum height allowed for the building upon which they are located. 4. Diameter: a. Residential Zoning Districts: Roof mounted dish antennas located on residential buildings shall not exceed three feet (3') in diameter. Roof mounted dish antennas located on educational, religious, or municipal buildings shall not exceed ten feet (10') in diameter. b. Nonresidential Zoning Districts: Roof mounted dish antennas shall not exceed fifteen feet (15') in diameter. 5. Screening: All roof mounted dish antennas larger than three feet (3') in diameter must be fully screened from view from adjacent roadways and properties (between grade level and 10 feet above grade level) with materials which are compatible with the building to which they are accessory. D. Amateur Radio Antennas: 1. 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. 372461_2 Village Board Meeting - December 6, 2016 Page 456 of 578 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 finished grade to the highest point of the antenna. 2. Roof Mounted Antennas: 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. (Ord. 4590, 9-21-1993; amd. Ord. 4925, 4-21-1998; Ord. 6112, 12-17-2013) 14.306: ACCESSORY STRUCTURES: A. General Requirements: The following restrictions on accessory buildings, structures and uses apply to all zoning districts: 1. Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the time of construction of a principal building. 2. Yard Requirements: No accessory building, structure or use shall be located in a required front yard, required side yard or exterior side yard, unless otherwise provided for in this chapter. 3. Height Requirements: a. Residential and Commercial Districts. No detached garage or gazebo shall exceed a maximum height of fifteen feet (15'). No other accessory building/structure shall exceed ten feet (10') in height. b. Industrial, Office Research and Conservation Recreation Districts. No accessory building/structure shall exceed twenty feet (20') in height 4. Separation Between Buildings: 372461_2 Village Board Meeting - December 6, 2016 Page 457 of 578 a. A detached accessory building or structure shall be located no closer to the principal building than three feet (3'). Detached garages located between three feet (3') and ten feet (10') from a principal building shall be provided with a five-eighths inch (5/8") drywall finish on the interior walls and ceiling. b. Any structure permanently attached to the principal structure is no longer considered an accessory structure pursuant to Article XXV of this chapter and shall meet the bulk requirements of the zoning district for principal structures, unless otherwise listed as a permitted obstruction in section 14.319. c. Above -ground swimming pools are permitted to attach to a deck if all required rear and side yard setbacks are met and the deck is designed with a gate between the deck and pool and access is provided to the yard from the deck. d. Pergola support columns shall be located no closer to the principal building than three feet (3'). 5. Number Of Accessory Structures: The maximum number of accessory structures shall not exceed two (2) such structures per zoning lot. Swimming pools and structures listed as permitted obstructions in section 14.1319 are exempt from the total number of accessory structures. 6. Shed Restrictions: A shed shall not be utilized to store motor vehicles or as office, work or living space. The storage of household items, equipment to maintain the property and small recreational equipment is permitted. 7. Roof Pitch: No accessory structure shall have a roof pitch of less than three to twelve (3:12). Pergolas, arbors, and accessory structures in the 11 Limited Industrial, CR Conservation Recreation, and OR Office Research zoning districts shall be exempt from this requirement. B. Restrictions In Residential Districts: 1. Maximum Size: a. A detached private garage may be no larger than six hundred seventy two (672) square feet. b. A shed, gazebo, pergola, greenhouse, or other similar accessory structure may be no larger than the smaller of the following: (1) Two percent (2%) of the lot area; or (2) Two hundred (200) square feet. 2. Bulk Restrictions. a. On lots fifty five feet (55') in width or less, detached accessory structures shall be set back three feet (3') from any interior side or rear lot line. 372461_2 Village Board Meeting - December 6, 2016 Page 458 of 578 b. On lots greater in width than fifty five feet (55'), detached accessory structures shall be set back five feet (5') from any interior side or rear lot line. c. 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. d. All solid -roofed accessory structures, including gazebos, shall be included in any Floor Area Ratio calculation. 3. Lot Coverage. Accessory structures shall be included in any maximum lot coverage calculation. C. Restrictions In Business And Industrial Districts: Maximum Area: Detached accessory building(s) or structure(s) shall occupy no more than thirty percent (30%) of the area of a required yard. 2. Yard Requirements: Accessory structures shall be set back six feet (6') from any side or rear lot line. 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. D. Regulations For Specific Accessory Structures And Uses: 1. Garbage Dumpsters And Recycling Containers: a. Required: All multi -family buildings utilizing centralized solid waste services shall provide a garbage dumpster and recycling container area which meets the minimum standards which have been established by the solid waste coordinator. b. Location: Outdoor designated garbage dumpsters and recycling containers shall maintain the same setbacks as parking lots. Dumpsters and containers that are located within covered parking areas shall be designed so that they do not conflict with required parking spaces or access drives. c. Screening: (1) Non -Residential Districts. Such dumpsters and containers shall be screened on all sides by a solid wood fence or equivalent screening material to a height not less than six feet (6'). (2) Multiple -family residential developments shall provide screening on no less than three (3) sides by a solid wood fence or equivalent screening material to a height not less than six feet (6'). 2. Accessory Commercial Uses Within Multi -Family Residences: Accessory commercial uses including restaurants, drugstores, retail food shops, valet services, beauty and barber shops, and physical fitness or health facilities shall be permitted within multi -family buildings provided that the accessory uses must be accessible to the public only through 372461_2 Village Board Meeting - December 6, 2016 Page 459 of 578 the lobby of the building; and no advertising or display related to the accessory use shall be visible from outside the building. 3. Accessory Uses Within Office Buildings: Accessory uses located within office buildings including cafeterias, restaurants, gift shops, flower shops, snack bars, drugstores, barbershops, beauty parlors, banks, daycare centers, and office supply stores (excluding sales of office machinery and furniture) shall be permitted provided that said accessory uses are conducted for the convenience of the employees, patients, patrons, or visitors. Said accessory uses shall be designed and located totally within the confines of the principal building and the primary access to any accessory retail use shall be from within the principal building. 4. Off Street Parking Facilities: Parking lots and drive aisles shall not be subject to the restrictions of this subsection, but shall be subject to the requirements within Article XXII and Article XXIII of this Chapter. 5. Signs: Signs shall not be subject to the restrictions of this subsection but shall be subject to the requirements of Chapter 7 of the Village Code. 6. Swimming Pools: The regulations of this subsection shall not apply to any pool having at every point a depth less than twenty five inches (25"). No out of doors swimming pool for the use of members and their guests of nonprofit club or organization, or limited to house residents of a multiple -dwelling unit, a block, a subdivision, neighborhood, or other community shall be permitted in an R-1, R -A or R -X district. a. Location: Swimming pools shall be located entirely behind the rear line of the building of the principal structure on the lot in the R-1, R -A, R-2 and R -X districts. Swimming pools shall not be permitted in any required front, side or exterior side yards. Pools are permitted to encroach into the rear yard provided a minimum of fifteen feet (15') is maintained from the rear property line to the edge of the structure. b. Area: The surface area of the swimming pool shall be included in total lot coverage. c. Construction: All swimming pools shall be constructed according to the requirements of this code. 7. Donation Boxes: The following restrictions shall apply to all donation boxes located within the village: a. Location Requirements: (1) Donation boxes are permitted as an accessory use to an institutional or nonprofit use only. (2) Donation boxes shall not be located in a required parking space. 372461_2 Village Board Meeting - December 6, 2016 Page 460 of 578 (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. b. Number Allowed: No more than one donation box shall be located on any lot. c. Size: A donation box shall not exceed six and one-half feet (6.5') in height. The box footprint shall be no greater than twenty five (25) square feet. 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. f. All donation box placement shall be in accordance with all additional state or county law. 14.307: STANDARDS FOR HOME OCCUPATIONS: "Home occupations", as defined in section 14.2401 of this chapter, shall be governed by the following standards to ensure that they are conducted in a manner that does not have any adverse impact on a residential area, or infringe on the rights of adjoining property owners: A. There shall be no sign displayed in conjunction with a home occupation. The purpose of this standard is to assure that no commercial signs are displayed in residential areas. B. There shall be no separate entrance for use by a home occupation, or any exterior alteration to a dwelling unit that will indicate from the exterior that any part of the residence is being used for any purpose other than that of a dwelling. The entrance to any space devoted to a home occupation shall be from within the dwelling. The purpose of this standard is to prohibit any alterations to a dwelling solely to accommodate a home occupation. C. Storage or inventory maintained at a residence in conjunction with a home occupation shall not exceed one hundred (100) cubic feet. The purpose of this standard is to limit any storage to an amount that could readily be stored in a closet. D. There shall be no noise, odor, dust, vibration, smoke, glare, television signal interference or radio signal interference, electrical interference, fire hazard or any other hazard emanating from the dwelling. No home occupation shall involve the use or production of noxious, toxic or harmful materials. The purpose of this standard is to ensure that a home occupation has no adverse environmental impact on adjoining properties. E. No person shall be employed other than a member of the immediate family residing in the dwelling unit, and no employees other than persons residing on the premises shall report to work at or near the premises, either for work to be completed within the residence or to be dispatched to work at another location. The purpose of this standard is to ensure that no nonresident comes to a dwelling for employment purposes, and to minimize the traffic 372461_2 Village Board Meeting - December 6, 2016 Page 461 of 578 generated by the home occupation. No routine attendance of employees associated with any home occupation shall be allowed at the premises of the home occupation. "Routine attendance" shall mean that the conduct of the home occupation requires nondomiciled persons to visit the premises of the home occupation as part of the regular conduct of the occupation, without regard to the number, frequency or duration of such visits. This standard shall apply irrespective of any business activity actually taking place at the dwelling unit. F. No home occupation shall generate customer, client or group visits of a greater frequency than what would be expected in a residential area where no home occupation exists. Any need for parking generated by a home occupation shall be provided on site and shall not exceed the required parking for a dwelling unit. The purpose of this standard is to limit the frequency of customer or client visits to an amount that is not disruptive to a neighborhood and eliminate congestion on public streets. G. The home occupation shall not utilize more than twenty five percent (25%) of the gross floor area of the dwelling unit. The purpose of this standard is to assure that the home occupation remains incidental to the residential use of the structure. H. No outside storage of any kind related to a home occupation shall be permitted. I. All vehicles utilized in conjunction with a home occupation shall comply with the regulations stipulated in section 14.2208 of this chapter. J. No contracting or service equipment or materials shall be stored on the premises, except in a permitted truck used for transporting equipment or materials between jobs. No loading or unloading of equipment or materials shall be done on the premises. No trailer used for commercial contracting or service uses shall be permitted for equipment storage in a residential area, nor shall it be parked on the premises. K. Private instruction as a home occupation is permitted, but is limited to no more than three (3) pupils at a time. (Ord. 4590, 9-21-1993; amd. Ord. 4825, 10-1-1996; Ord. 5426, 4-20-2004; Ord. 5685, 4-15-2008; Ord. 5751, 8-4-2009) 14.308: GROUP AND FAMILY COMMUNITY RESIDENCES; GENERAL PROVISIONS AND STANDARDS: Group and family community residences shall be located as either a permitted or conditional use within all residential zoning districts in accordance with the provisions set forth listed in section 14.604 of this chapter. (Ord. 5751, 8-4-2009) 14.309: TEMPORARY USES: Temporary buildings or structures may be allowed subject to the following regulations: A. Temporary construction trailers. 1. Temporary trailers or facilities for approved construction projects are permitted subject to the standards of the building code. 372461_2 Village Board Meeting - December 6, 2016 Page 462 of 578 2. Temporary trailers or facilities shall be located to conform to the applicable setback requirements of the zoning ordinance. 3. All temporary trailers or facilities shall be removed upon completion of the construction project. B. Temporary classroom trailers and facilities. 1. Temporary trailers used as classrooms or similar uses that are ancillary to an existing school use are permitted for up to one year and are subject to the standards of the building code. 2. Temporary classroom trailers or facilities shall be located to conform to the applicable setback requirements of the zoning ordinance. C. Temporary structures located on non -single-family residential properties. 1. Duration. Special promotions such as tent sales or outdoor meetings are permitted for a period of one week. No more than three (3) such promotions shall be allowed in a calendar year. 2. Location. Any tent, bleachers or other installations used in conjunction with the promotion shall meet the applicable setback requirements of the zoning ordinance. Temporary structures located on a parking lot shall meet the required parking lot setbacks and shall not block fire lanes. All temporary structures are subject to the standards of the building code. 3. Signs. Any signage or displays used with a special promotion shall meet the provisions of Chapter 7 of the village code. (Ord. 4590, 9-21-1993; amd. Ord. 5034, 7-20-1999) D. Temporary structures on single-family residential properties. 1. Temporary structures, such as tents or similar structures used for entertainment, assembly, or storage purposes, are permitted for a period of one week, and shall meet the accessory structure setback requirements of the zoning ordinance. 14.310: STANDARDS FOR THE R-3 AND R-4 ZONING DISTRICTS: (Rep. by Ord. 5034, 7-20-1999) 14.311: OUTDOOR SALES AND STORAGE: A. Outdoor Sale And Service Of Seasonal Merchandise: The outside sale and service of seasonal merchandise at retail shall be permitted only under the following terms, conditions, restrictions and regulations in the commercial districts of this chapter: 1. Outdoor sales and storage shall only be allowed as an accessory use to the principal use of the property. However, outdoor Christmas tree sales shall be permitted with written approval of the property owner. 372461_2 Village Board Meeting - December 6, 2016 Page 463 of 578 2. Outdoor sales and storage of items at retail shall be restricted to sales of seasonal merchandise during the time of the year when such items are normally used. 3. When merchandise is stored or displayed on pedestrian walkways, a minimum width of five feet (5) must be maintained free and clear of any storage, display or sales. 4. All outdoor sales and storage shall be restricted to private property, and no sales and storage shall be permitted on publicly owned property, except sidewalk sales in the central business district. 5. Outdoor sales and storage of merchandise in parking areas shall be approved by the director of community development. 6. All merchandise shall be kept in a neat, safe, sanitary and orderly fashion, free from garbage, rubbish and other debris. 7. There shall be no temporary or permanent storage of inventory in trailers. B. Outdoor Dining: Outdoor dining areas shall be permitted on the same zoning lot as and in conjunction with an established restaurant in the B-3, B-4, or B-5 district, subject to the following requirements: 1. The following criteria shall apply to all outdoor dining areas located on the same zoning lot as the established restaurant: a. Outdoor dining areas may be revoked by the village manager at any time on fourteen (14) days' notice for failure to comply with the regulations set forth in this section. b. All outdoor furniture and appurtenances shall be constructed in such a manner as to allow for their easy removal during winter months and/or if otherwise required by the village. c. All outdoor furniture and appurtenances shall be designed to withstand a minimum wind pressure of not less than thirty (30) pounds per square inch. d. Colors and materials of outdoor furniture and appurtenances shall be harmonious with the principal and adjacent structures. e. The sale and consumption of alcoholic beverages in the outdoor dining areas shall be subject to all requirements of chapter 13 of this code. f. The proprietor shall provide adequate facilities for refuse disposal, as determined by the environmental health division. g. The outdoor dining area shall not be detrimental to the health, safety, or welfare of nearby residents or persons working or shopping in the vicinity. h. Outdoor dining areas shall be exempt from applicable parking requirements. However, in the event that the outdoor dining area creates an overflow parking problem onto 372461_2 Village Board Meeting - December 6, 2016 Page 464 of 578 adjacent public streets, the permittee must make provisions for off site parking on nearby nonresidential properties. i. Advertising or promotional features in a permitted outdoor dining area shall be limited to umbrellas or canopies, and shall be limited to no more than fifteen percent (15%) of the surface area of a canopy or umbrella. j. Outdoor dining areas shall meet all applicable village and state health requirements. k. No music or other noises generated by the operation of the outdoor dining areas shall be audible on adjacent properties. I. In no event shall the outdoor dining area operate earlier than six o'clock (6:00) A.M. or later than eleven o'clock (11:00) P.M. 2. Outdoor dining areas shall be permitted on public property, subject to the following criteria: a. All regulations set forth in subsection 131 of this section. b. An application for the outdoor dining area permit must be submitted to the department of community development. The department will conduct an administrative review of the application and the director will either approve or deny the application within thirty (30) days from receipt. The application shall contain, at a minimum, the following information: (1) A site plan showing location of the outdoor dining area; (2) Plans and cut sheets demonstrating the type of barricades, landscaping and other features that will be utilized to define the outdoor dining area and enhance the aesthetic appeal of the area; (3) Distances of the outdoor dining area to all property lines; (4) Proposed hours of operation; (5) The clear width of all walkways and sidewalks adjacent to the outdoor dining area; (6) Photographs or other documentation showing the construction and appearance of all furniture and appurtenances to be used in the outdoor dining area, including materials and colors; and (7) Provisions for refuse disposal for the outdoor dining area. c. Approved permits for outdoor dining areas shall be effective for a period of one year from the date of approval. d. The use of public sidewalk space for outdoor furniture and appurtenances shall only be permitted incidental to the operation of a restaurant on private contiguous property. 372461_2 Village Board Meeting - December 6, 2016 Page 465 of 578 e. The applicant shall submit a written statement acknowledging responsibility for and agreeing to comply with the following: 1) the sidewalk area will be maintained in a clean and safe condition; 2) the required open portion of the sidewalk will be kept free from any obstructions or encroachments pertaining to the restaurant use; and 3) the proposed outdoor dining area will comply with all conditions of this section. f. In no event shall the operation of the outdoor dining area reduce the open portion of the sidewalk to less than five feet (5') in width. g. Outdoor furniture and other appurtenances shall be constructed of durable materials, such as wrought iron. h. The applicant shall furnish the village with evidence of general liability insurance and dramshop insurance, if applicable, naming the village as an additional insured and insuring the village against any liability resulting from the uses permitted by the permit issued under this section. Minimum coverage for general liability insurance and dramshop insurance shall be as set forth in appendix A, division I of this code, and shall have no less than an "A" rating by the most recent A.M. Best insurance rating guide. i. The operator of the outdoor dining area shall be responsible for any damage to public property and shall restore the public sidewalk to its original state when the operation of the dining area ceases. j. In order to prevent the restaurant space from encroaching upon the front of another merchant's establishment, the outdoor dining area shall not extend laterally beyond the frontage of the permittee's establishment. C. Outdoor Storage On Residential Property: Outdoor storage on residential properties is prohibited except for the following: lawn and garden equipment and materials, garbage cans, grills and portable fireplaces, patio furniture, household tools, children's play equipment, and other items similar to the above as determined by the community development director. For regulations regarding the storage of commercial vehicles, or recreational vehicles and equipment, please refer to article XXII of this chapter. (Ord. 4590, 9-21-1993; amd. Ord. 5148, 10-17-2000; Ord. 5189, 5-15-2001; Ord. 5253, 5-21-2002; Ord. 5313, 3-18-2003; Ord. 5426, 4-20-2004; Ord. 5638, 7-17-2007; Ord. 5751, 8-4-2009) 14.312: ELIMINATION OF UNPERMITTED SECOND HOUSEKEEPING UNITS: A. Prohibited Acts: Except for as provided in subsection B of this section, no person shall: 1. Enter into any lease or rental agreement of any kind or nature or otherwise maintain or permit for living purposes the use of an unpermitted second housekeeping unit. 2. Establish, install or construct an unpermitted second housekeeping unit within the corporate boundaries of the village. 3. Subsequent to January 1, 2000, enter into any lease or rental agreement of any kind or otherwise maintain or permit the use, for living purposes, of an unpermitted second housekeeping unit. 372461_2 Village Board Meeting - December 6, 2016 Page 466 of 578 B. Exceptions: This section shall not be applicable to the following: 1. "Group community residence" as defined in section 14.2401 of this chapter. 2. "Family community residence" as defined in section 14.2401 of this chapter. 3. Housing provided for religious institutions maintaining a house of worship in Mount Prospect when the housing is for its ministry, outreach or program personnel, provided that such housing is not otherwise prohibited by Mount Prospect regulations or laws. 4. Residences constructed and/or modified as residential two (2) flat or two (2) apartment buildings prior to May 2, 1944, which have not been converted to a single dwelling unit residence. 5. Any residence which has been officially sanctioned by the village as a two (2) flat whether by variation, special use or other official legislative action of the president and board of trustees. 6. Otherwise permitted sleeping rooms or separate living quarters without second kitchen units. 7. Those units that have free and unlimited physical access to the rest of the dwelling unit. If there is an issue as to whether the residence was built as a two (2) flat prior to May 2, 1944, or as to whether the village has officially sanctioned the two (2) flat, then the burden of proof, by clear and convincing evidence, shall be on the owner. C. Realtors And Brokers: It shall be unlawful for any real estate broker, or agent or any other person or entity, to advertise, state or otherwise hold out to the public or any potential buyer that a residence may be used in any manner contrary to this section. D. Probable Cause To Inspect: A sworn complaint from a Mount Prospect resident that an unpermitted second housekeeping unit is in existence within the village in conjunction with any other single indication of the existence of such a unit shall constitute probable cause to permit a village official to obtain an administrative warrant to enter the premises as to which the complaint was filed to determine the actual existence of such a unit. Other indications of such a unit shall include, but not be limited to, vehicles at the residence registered to different parties, separate trash pick up, separate utility meters, prior knowledge of a village official of such a unit or additional reports by other village residents. The foregoing shall not be the exclusive method of establishing probable cause to inspect. E. Irrebuttable Presumption: The following shall raise an irrebuttable presumption that there is not compliance with the requirement of "free and unlimited physical access" as defined in this chapter: 1. The existence of a lock or locks (whether used or not) on the only door or on all doors between an otherwise unpermitted second housekeeping unit and the remainder of the home. 372461_2 Village Board Meeting - December 6, 2016 Page 467 of 578 2. Door hinges installed or maintained (whether a door is used or not) in the only passageway or on all passageways between the otherwise unpermitted second housekeeping unit and the rest of the home. F. Application Of Definition Of Family: Nothing in this section shall be construed as permitting more than one family to occupy a dwelling unit. G. Penalty; Persons Subject To Penalty: Persons violating any portion of this section shall be subject to a minimum mandatory penalty as set forth in appendix A, division III of this code. Each day that the violation continues shall be considered a separate violation. (Ord. 5751, 8-4-2009) 14.313: REGULATIONS FOR PERSONAL WIRELESS SERVICE FACILITIES: A. Purpose: The purpose of this section is to provide specific regulations for the placement, construction and modification of personal wireless telecommunication facilities. The provisions of this section are not intended and shall not be interpreted to prohibit or have the effect of prohibiting the provisions of personal wireless services, nor shall the provisions of this article be applied in such a manner as to unreasonably discriminate among the various companies that provide personal wireless services. To the extent that any provisions, or provisions of this section, are inconsistent or in conflict with any other provisions of this chapter, the provisions of this section shall control. B. Village Action: In reviewing any request, the village board shall act within a reasonable period of time after the request is filed with the village, taking into account the nature and scope of the request. Any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record. C. Petition For Amendment: Should the application of this section have the effect of prohibiting a person or entity from providing personal wireless service to all or a portion of the village, such provider may petition the village board for an amendment to this section. The village board, upon receipt of such a petition, shall promptly undertake review of the petition, taking into account the nature and scope of the petition. Any decision to deny such a petition shall be in writing and supported by substantial evidence contained in a written record. D. Application And Submittal Requirements: 1. No personal wireless service facility shall be erected, installed or maintained in the village unless a permit has been applied for and approved by the community development director. 2. All applications for a personal wireless service facility shall include the following documentation or information: a. A written report from a qualified professional engineer that is licensed by the state setting forth the following: (1) The facility's height and design including both a cross section and topical elevation; 372461_2 Village Board Meeting - December 6, 2016 Page 468 of 578 (2) The height above grade for all potential positions and the minimum separation distances between antennas; (3) The number and type of antennas that the facility can accommodate; (4) A map drawn to scale showing the lot lines, land uses and tree coverage, including average tree height of all properties within three hundred feet (300') of the proposed site; (5) Documentation from the manufacturer that the structure upon which the facility is located is sufficient from a structural engineering standpoint to bear the anticipated load. In instances of freestanding structures, this shall include a certificate that the foundation of the structure is built, constructed and engineered to take into account the existing soil conditions; (6) Certification that in the event of a fall or collapse, that the facility is designed and manufactured to fall entirely within the boundary lines of the lot on which it is located and that it has been erected in accordance with manufacturer's specifications; (7) Certification shall also state that the design complies with all local, state and federal regulations including, but not limited to, stormwater regulations; and (8) Such other documentation as the village may require. b. The application shall include "before and after" photos. The "before" photo should be a color photo of what can currently be seen from any public road within three hundred feet (300') and the "after" should have the facility superimposed on copies of these photos. c. The applicant shall demonstrate that the proposed personal wireless service facility will not interfere with any existing village public safety communication systems or residential or commercial application including, but not limited to, television and radio broadcast signals. d. The community development director may require review by a third party of the technical data submitted by the applicant. The applicant is responsible for the cost of such review and the applicant shall make full payment to the village. The village shall place these funds in an escrow account and make payment to the third party upon the completion of the technical review. Selection of the third party expert is at the discretion of the community development director. E. Placement Of Personal Wireless Service Facility: A personal wireless service facility may be erected or installed only in accordance with this section. The personal wireless service facility shall conform to all minimum setback, yard and height requirements and to all applicable federal laws and regulations concerning its use and operation. An easement or a lease is required for any new facility on property not owned by the applicant. The following chart shall govern the placement and height of all personal wireless service facilities: ....................................................... ........................................................................................................................................................................... Antenna Standards Height 372461_2 Setbacks Village Board Meeting - December 6, 2016 Page 469 of 578 Notes: 1. Height above the existing structure. 2.No more than 1 per residential unit permitted. NP = Not permitted. F. Collocation Of Personal Wireless Service Facilities: 372461_2 Rea u 20' 100 heig ht 100 heig ht 100 heig ht 20' Village Board Meeting - December 6, 2016 Page 470 of 578 Adjacent ........................................................................... To ................................................................................................ Not Adjacent To Zoni Struct Residential Use Residential Use ng ure Distr Monop Latti Guy Mount Fro Sid Rea Fro Interi Exter ict ole ce ed ' nt e r nt or for 1-1, 1- 120' 120' 120' 10' NP 100 100 NP 15' 30' 3, % % O/R heig heig ht ht B-3, 70' NP NP 10' NP 100 100 NP 10' 30' B-4 % % heig heig ht ht B-5 NP NP NP 10' NP 100 100 NP 100 100% % % % height heig heig heigh ht ht t B-5C NP NP NP 10' NP 100 100 NP 100 100% % % % height heig heig heigh ht ht t u C-R 70' NP NP 10' NP 100 100 NP 100 100% % % % height heig heig heigh ht ht t B-1, 70' NP NP 10' NP 100 100 NP 10' 30' B-2 % % heig heig ht ht R-X, NP NP NP 10w 2 R-1, R-A, R-2, R-3, R-4 Notes: 1. Height above the existing structure. 2.No more than 1 per residential unit permitted. NP = Not permitted. F. Collocation Of Personal Wireless Service Facilities: 372461_2 Rea u 20' 100 heig ht 100 heig ht 100 heig ht 20' Village Board Meeting - December 6, 2016 Page 470 of 578 Placement: The village encourages collocation to minimize the proliferation of antenna supporting structures. Owners, lessees, or their representatives shall cooperate in good faith to achieve collocation when it is in the best interest of the village to do so. The village may require the execution of an agreement to permit collocation unless such collocation proves to be impractical. The village may grant access to municipal property and/or lower application fees to carriers locating two (2) or more users on a single tower. A proposal for a new personal wireless service facility shall not be approved unless the applicant provides written proof that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, structure, monopole that already exists within a one-fourth (1/4) mile radius of the proposed tower for one or more of the following reasons: a. The planned equipment would exceed the structural capacity of the existing or approved tower or structure, as certified by a qualified professional engineer that is licensed in the state, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate the additional facility at a reasonable cost; b. The planned equipment would cause interference materially affecting the usability of other existing or planned equipment at the tower or structures as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost; c. Existing or approved towers and structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as certified by a qualified and licensed professional engineer; d. Other unforeseen reasons that make it not feasible to locate the planned telecommunications equipment upon an existing or approved tower or structure as certified by an appropriate professional. 2. Structure Design: Any proposed guyed, lattice, or monopole tower shall be designed structurally, electrically and, in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. G. Design Criteria: Antennas mounted on water towers shall not extend more than ten feet (10') beyond the height of the water tower. All antennas, except those mounted on monopoles, shall be designed to be compatible with neighboring buildings and uses, and shall match or blend with the structure to which they are attached so the antenna is virtually invisible to the casual observer. Antennas installed on buildings shall not extend more than ten feet (10') beyond the height of the structure and shall be painted to match the color of the building to which they are affixed. As such, monopoles and any accompanying equipment shall be painted a uniform, neutral color. Towers may not display logos or company colors. H. Screening: A combination of landscaping, berming, fences or other screening materials shall be utilized to maintain or enhance the existing character of the property surrounding a personal wireless service facility. All structure bases shall be completely screened from view. 372461_2 Village Board Meeting - December 6, 2016 Page 471 of 578 I. Abandoned Or Unused Facilities: Abandoned or unused facilities, towers, or portions of towers shall be removed as follows: All shall be removed within six (6) months of cessation of use or of notifying the FCC of intent to cease operations at the site, whichever comes first, unless a time extension is approved by the community development director. A copy of the relevant portions of a signed lease which require the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. Any tower and associated facilities not removed within six (6) months of the cessation of operations at a site shall be deemed a nuisance and may be abated according to the nuisance provisions of this code. 2. Unused portions of towers above a manufactured connection shall be removed within two (2) months of the time of the abandonment of that portion unless the village has specifically designated that portion for future collocation. Utility Buildings And Structures: All utility structures and structures accessory to a personal wireless service facility tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation. The maximum height for an accessory utility structure is twelve feet (12') and shall be no larger than six hundred (600) square feet. K. Signs And Advertising: The use of any portion of a tower for signs other than warning or equipment information is prohibited. L. Temporary Facilities: Temporary personal wireless service facilities shall conform to all of the setback and yard requirements of the district in which they are located. A temporary personal wireless service facility shall not exceed the height of the facility previously approved for the property, or one hundred feet (100') in the case of a special event. Only one temporary personal wireless service facility will be allowed per site at any one time, unless the approved facility on the subject site allows for collocation, in which case the permissible number of temporary facilities on that site shall be the number approved for that facility. A temporary personal wireless service facility must be located behind the front plane of any principal structure that is on the lot. A temporary personal wireless service facility may be allowed only in accordance with subsection E of this section. A request for a temporary personal wireless service facility may be granted only by the village manager in such reasonable numbers and with such reasonable conditions as the manager may deem appropriate. Any request for additional time beyond that set forth in this subsection L, shall be subject to review by the planning and zoning commission and approval of the village board. 1. Special Events: Temporary personal wireless service facilities shall be permitted for each licensed carrier for special events (temporary sporting or entertainment events) of a period of one week. No more than three (3) such promotions shall be allowed per carrier in a calendar year. 2. Repairs And Equipment Upgrading: If a permanent personal wireless service facility is under repair or equipment is being upgraded, a temporary facility shall be permitted for 372461_2 Village Board Meeting - December 6, 2016 Page 472 of 578 each licensed provider for a period of up to ninety (90) days. The owner of the facility must certify in writing the necessity for the repair or equipment upgrade. M. Insurance: The provider must tender to the community development director on an annual basis, proof of public liability insurance covering the facility in an amount not less than as set forth in appendix A, division I of this code. N. Compliance: All personal wireless service facilities must maintain compliance with the approved plans and specifications. If the personal wireless service facility becomes noncompliant with approved plans and specifications due to, but not limited to: discoloration, cracking, missing components, rusting, settling, damage or general disrepair; then the owners of the personal wireless service facility and the owner of the structure or lot on which the personal wireless service facility is located will be jointly and severally responsible for remedying the specific nonconformities. These nonconformities must be remedied within forty five (45) days after written notice, detailing these nonconformities, sent by the village to the owner of the personal wireless service facility and the owner of the structure or lot. Failure to remedy all of the cited nonconformities, within the forty five (45) day time period, shall be punishable by a fine not exceeding the amount as set forth in appendix A, division III of this code, each day that the violation continues. O. Certificate Of Completion: All personal wireless service facilities shall obtain a certificate of completion from the building division prior to facility operation. Carrier(s) must meet all village codes and provide copies of the following documentation prior to receiving a certificate of completion: 1. Federal aviation administration permit and the FAA reply; 2. Copy of the FCC permit and intermodulation interference report; 3. Copy of the annual filing to the FCC stating the carrier's compliance with all FCC rules and regulations. (Ord. 4925, 4-21-1998; amd. Ord. 5189, 5-15-2001; Ord. 5219, 11-6-2001; Ord. 5751, 8-4-2009; Ord. 6029, 9-18-2012; Ord. 6122, 12-17-2013) 14.314: OUTDOOR LIGHTING REGULATIONS: A. General Lighting Requirements. All outdoor lighting, except for streetlights, shall be subject to the following requirements: 1. Glare Onto Adjacent Properties. Electric lighting used to illuminate outdoor areas shall be directed in such a way as to prevent light trespass or direct glare onto adjacent properties and rights of way. 2. Fixture Design. Outdoor lighting fixtures shall comply with the following limitations, with the exception of single-family residential properties and Architectural Fagade Lighting: a. Full cutoff luminaries with a total cutoff angle of not more than ninety degrees (900) shall be used. The director of community development may approve cutoff angles greater than 372461_2 Village Board Meeting - December 6, 2016 Page 473 of 578 ninety degrees (900) or the use of fixtures without full cutoff luminaries upon submission of information conclusively demonstrating that the proposed lighting will not cause glare on adjacent properties. b. All lighting mounted under a canopy, including, but not limited to, luminaries mounted on or recessed into the lower surface of a canopy, shall be full cutoff. c. Flat lenses are required for all lighting fixtures. d. Wall lights, where used, shall be full cutoff and fully shielded. e. Task focused lighting is permitted at gas stations, ATM drive-throughs, and similar uses as approved by the director of community development, and must include an internal louver so the light focuses directly on the task area and does not spill onto the pavement. f. Pole Height And Material. The total height of light fixtures located in parking lots, 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. Light poles shall be constructed of metal, or other material acceptable to the village engineer. Wood poles are prohibited. 3. Hours Of Operation: All lighting shall be reduced to security levels during hours of nonoperation of the principal use on a property. 4. Lighting Plan Required: The building permit submission for any nonresidential development or multi -family residential development shall include a lighting plan signed and sealed by a professional engineer and including, at a minimum, the following: a. All property lines, building locations, dimensions of paved areas, and location of all curbs; b. Fixture locations; c. Fixture details and height; d. Photometric data for all paved areas at a spacing of not greater than twenty feet (20') and not greater than six inches (6") above the pavement surface; e. Photometric data at all property lines at a spacing of not greater than fifty feet (50') and not greater than six inches (6") above grade; f. Scale of not less than one inch to fifty feet (1" = 50'); g. Details of the proposed light poles and foundations; h. Existing and proposed utilities on the subject property and in rights of way adjacent to the subject property; i. Other information, as required. 372461_2 Village Board Meeting - December 6, 2016 Page 474 of 578 B. Lighting Illumination Levels. 1. Light Intensity Levels At Lot Lines: All illumination level readings shall be taken at ground level no more than six inches (6") above grade and shall be subject to the following maximum foot-candles at the lot line. The requirements of this subsection shall not apply to properties within the B-5 and B -5C zoning districts that directly abut another property in the B-5 or B -5C district. Arterial Right -of -Way Other Right -of -Way 2. Maximum Average Illumination Levels By Use: The following table summarizes the maximum average illumination levels for a variety of uses: Type Of Use Auto dealerships (display areas only) Business districts Commercial and industrial canopy lighting Loading/unloading platform (dock) Outdoor sports lighting Park, school, institutional, and industrial uses Lighting for uses other than those listed in the above table shall be reviewed by the community development director to ensure the proposed illumination levels are appropriate for the property and surrounding area. 3. Parking Lot Minimum and Maximum Average Illumination Levels. All parking lots with more than four (4) required spaces shall provide lighting. Artificial lighting used to illuminate 372461_2 Village Board Meeting - December 6, 2016 Page 475 of 578 any parking lot and drive aisles immediately accessing parking stalls shall comply with the regulations as set forth in this section. The following criteria for minimum illumination and maximum average illumination shall be met for all parking lots: C. Architectural Lighting: 1. Upward aimed building facade lighting shall not exceed nine hundred (900) lumens (60 watt incandescent or 13 watt compact fluorescent bulb). All upward aimed light shall be fully shielded, fully confined from projecting into the sky by eaves, roofs or overhangs, and mounted as flush to a wall as possible. 2. Building facade light exceeding nine hundred (900) lumens shall be fully shielded, aimed downward, and mounted as flush to a wall as possible. 3. Building facade lighting shall be fully contained within the vertical surface of the wall being illuminated. 4. Building facade lighting that is measurable at the ground level shall be included in the maximum allowable light levels. D. Exceptions: The standards of this section shall not apply to the following types of exterior lighting: 1. Ornamental Lighting: Low voltage (12 volts or less), low wattage ornamental landscape lighting fixtures, outdoor dining lighting, and solar operated light fixtures have self- contained rechargeable batteries, where any single fixture does not exceed one hundred (100) lumens. 2. Seasonal Lighting Displays: Lighting displays, which are installed for less than seventy five (75) days over any continuous twelve (12) month period. 3. Lighting For Safety Or Security: Upon finding by the police department that outdoor lighting in specific areas of the community, that otherwise meets the requirements of this section, is not adequate and additional lighting is necessary to improve safety or security for the property or its occupants. (Ord. 5380, 11-4-2003; amd. Ord. 5546, 2-7-2006; Ord. 5751, 8- 4-2009; Ord. 6112, 12-17-2013) 372461_2 Village Board Meeting - December 6, 2016 Page 476 of 578 E. Nonconforming Lighting: Any lighting that does not conform to the regulations outlined above shall be made to conform by means of alteration. 14.315: CONVERSION OF SINGLE-FAMILY RESIDENTIAL ATTACHED GARAGES: The conversion of a single-family residential attached garage into living space shall be permitted subject to the following conditions and all other applicable regulations within this code: A. A new garage space equal to or greater than the amount to be converted shall be provided. The new garage space shall provide sufficient space to park the same number of vehicles as exists in the garage space to be converted into living space. B. The garage door that provides access to the area that is to be converted into living space shall be removed and replaced with exterior materials similar in style and color to the home's exterior. C. The existing driveway which serves the garage area to be converted into living space shall be removed and a driveway serving the new garage shall be provided in conformance with section 14.2215 of this chapter. (Ord. 5426, 4-20-2004) 14.316: UNENCLOSED PORCHES IN THE REQUIRED FRONT YARD SETBACK: A. Action By Director Of Community Development: The director of community development shall hear and decide as final administrative authority, petitions for unenclosed porches in the required front yard setback. Petitions which require review by the planning and zoning commission for additional relief shall be decided by the planning and zoning commission. B. Petitions: With respect to petitions for unenclosed porches in the required front yard setback, the director of community development shall make findings of fact based on the petition and public input according to the following standards: 1. Whether a site line obstruction will be created. 2. Whether materials used in construction of the porch will be consistent with the remainder of the structure. 3. Whether the design blends with the existing structure and neighboring homes. 4. Whether the proposed porch is in character with the neighborhood. C. Filing Of Applications: An application for an unenclosed front porch in the required front yard setback shall be filed with the director of community development on forms obtained from the community development department. Such form shall include all information necessary for processing the request, including, but not limited to, legal description of subject property, survey, site plan, description of building materials, appropriate proof of ownership or other authority to file the application. The application shall be filed with the appropriate fee as set forth in appendix A, division II of this code. D. Hearings: Administrative hearings shall be held only for unenclosed porches in the required front yard setback and must be in compliance with the provisions of this section. 372461_2 Village Board Meeting - December 6, 2016 Page 477 of 578 1. Upon receipt of an application for unenclosed porches in the required front yard setback, the director of community development shall review the application for completeness and assign a case number to the request. 2. For all applications for an unenclosed porch in the required front yard setback, the department of community development shall notify all owners of record of property lying within one hundred feet (100'), of the subject property. The applicant shall attest in writing that the list of property owners is true and accurate. 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 request, 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 unenclosed porches in the required front yard setback, the director of community development shall also cause one or more signs to be posted on the subject property. 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. That an administrative hearing that affects the subject property will be held, with direction to interested members of the general public to call the community development department 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. E. Standards: No front porch in the required front yard shall be approved by the director of community development unless it is found: 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; 2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located; 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; 372461_2 Village Board Meeting - December 6, 2016 Page 478 of 578 4. That the porch as designed is unenclosed and does not encroach more than five feet (5) into the required front yard; 5. That no site line obstruction will be created; 6. That building materials will be consistent with the remainder of the structure; 7. That the design blends with the existing structure and neighboring homes; and 8. That the proposed porch is in character with the neighborhood. F. Appeal Of Director Of Community Development Decision: Any individual may file an appeal of the decision of the director of community development regarding an administrative conditional use 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. G. Conditions And Guarantees: In all cases where an administrative conditional use is granted, and conditions regulating the use are established as described in subsection E of this section the director of community development shall require such evidence and guarantees as it may deem necessary as proof that the conditional use complies with all regulating conditions. H. Conditional Use Revocation: 1. In any case where the construction of an approved front porch encroaching into the required front yard setback is not substantially underway, or building commenced within one year from the date of approval, and completed within eighteen (18) months, then, without further action by the village board, the conditional use or authorization shall be null and void. 2. This conditional use may be revoked by the director of community development if the porch constructed on the site does not conform to the established conditions for approval. Any decisions by the director of community development may be appealed to the planning and zoning commission as prescribed in subsection 14.20263 of this chapter. (Ord. 5639, 7-17- 2007; amd. Ord. 6144, 5-20-2014) 14.317: ENVIRONMENTALLY SENSITIVE DEVELOPMENT TECHNIQUES: The village of Mount Prospect is committed to encouraging the use of environmentally sensitive development techniques in order to improve the quality of life and environmental health of the community as a whole. Green building design is a technique which incorporates design principles and strategies that limit the energy demands of buildings and also create healthier living environments within them. Green building techniques may include, but are not limited to, green roofs, reflective white roofs, permeable paving, stormwater harvesting, use of landscaping to reduce thermal demand, and use of reusable energy sources. This section provides direction on common green building design practices. While not a comprehensive list of all potential green initiatives, the village encourages property owners to follow green design principles. A. Wind Energy Conversion Systems: The village of Mount Prospect has found wind energy conversion systems (WECS) to be a viable and useful method of localized energy 372461_2 Village Board Meeting - December 6, 2016 Page 479 of 578 generation. Conditional use permits to authorize WECS are allowed in all zoning districts. Due to the specialization and technical nature of WECS, the following criteria have been established as minimum standards for the recommendation and approval of such permits. 1. No more than one WECS shall be permitted per zoning lot. More than one WECS may be permitted for commercial and industrial properties, subject to the approval of the village board. 2. Rooftop mounted WECS: a. Shall be set back at least twenty feet (20') from front or exterior building lines, and at least ten feet (10') from side building lines. Setbacks shall be measured to the widest point of blade rotation or to the side of the WECS, whichever is greater. b. Shall be limited to a height of no more than fifteen feet (15') above the roof peak or top of a parapet wall, whichever is greater. Total height shall be measured from the highest point of blade rotation or the highest point of the WECS, whichever is greater. c. Shall comply with all noise regulations of the village of Mount Prospect. d. Shall be safely and securely attached to the rooftop in compliance with the village of Mount Prospect building code. 3. Tower mounted WECS: a. Shall not be permitted in single-family residential districts. b. The WECS tower or any associated structure shall comply with the minimum setback requirements of the zoning district in which the WECS is located or be set back a distance equal to 1.1 times the total height of the structure from any property line, whichever distance is greater. Total structure height shall be measured from the highest point of blade rotation to the ground. c. A WECS tower shall be set back a minimum of twenty feet (20') from any principal structure on the property. d. The maximum permissible height of a WECS tower shall not exceed eighty feet (80'). e. Rotor blades or airfoils must maintain at least twelve feet (12') of clearance between their lowest point of rotation and the ground. f. All climbing apparatus affixed to a WECS tower shall terminate twelve feet (12') short of ground level. g. All WECS facilities shall be enclosed within a building or surrounded by a six foot (6') high safety fence. h. All WECS towers shall be constructed with an approved concrete foundation. 372461_2 Village Board Meeting - December 6, 2016 Page 480 of 578 4. All WECS structures, including roof mounted, towers, and accessory buildings, shall conform to the appropriate village related rules and regulations pertaining to their construction, design, operation and maintenance. 5. WECS shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot. 6. The applicant shall submit documentation that the proposed WECS will not create a nuisance to adjacent uses. In no event shall the noise level produced by a WECS continuously exceed sixty five (65) decibels as measured at the property line. 7. No WECS shall cause electromagnetic degradation in performance of other electromagnetic radiators, receptors, or generators of quality and proper design. The village reserves the right to revoke any conditional use permit for a WECS system whenever electromagnetic interference from the WECS is evident and cannot be corrected. 8. WECS shall not be artificially lighted, except to the extent required by the FAA or other applicable government authority. 9. All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components. B. Solar Energy Conversion Systems: The village of Mount Prospect has found solar energy conversion systems (SECS) to be a viable and useful method of localized energy generation. SECS shall be permitted in all zoning districts in accordance with the following minimum standards: 1. Rooftop mounted SECS: a. Shall not project higher than the maximum building height permitted for the zoning district. If mounted on an accessory structure, the SECS shall not project higher than the maximum height permitted for that structure. b. If mounted on a pitched roof, shall be mounted flush with the slope of the roof and shall not extend further than twelve inches (12") from the roof surface at any point. SECS shall not extend beyond the ridgeline of the roof at any point. c. Shall be safely and securely attached to the rooftop in compliance with the village of Mount Prospect building code. 2. Ground mounted SECS: a. Shall not be permitted in residential zoning districts. b. Shall satisfy the applicable setback requirements for an accessory structure on the zoning lot. c. Shall be limited to a maximum of one hundred (100) square feet in size. 372461_2 Village Board Meeting - December 6, 2016 Page 481 of 578 d. All ground based utilities associated with the SECS shall be appropriately screened in accordance with the requirements of section 14.304 of this article. e. A maximum of two (2) ground mounted SECS shall be permitted per acre per property. 3. Glare. Installation of the solar energy conversion systems shall be designed to avoid glare or reflection onto adjacent properties and adjacent roadways. Exterior surface shall have a non -reflective finish and shall be color -coordinated to harmonize with roof materials and other dominant colors of the structure. 4. All SECS structures, including roof mounted, towers, and accessory buildings, shall conform to the appropriate village related rules and regulations pertaining to their construction, design, operation and maintenance. (Ord. 5751, 8-4-2009) 14.318: FENCES AND WALLS 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 this code. For the purposes of this section, freestanding walls shall be considered fences. A. Height And Location: 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 finished grade to provide for adequate drainage. Fences located across drainage swales shall be a maximum of six inches (6") above finished 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. 2. 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. 3. Encroachment: All fences shall be entirely on private property. Fences may not encroach on adjoining lots or public rights of way. 4. 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. 5. Five Foot Fences: Fences up to five feet (5) in height will be permitted as follows: a. 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. 372461_2 Village Board Meeting - December 6, 2016 Page 482 of 578 b. 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. 6. Swimming Pool Fences: Fences and gates at least four feet (4'), but not greater than five feet (5), 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: a. Along the perimeter of the pool walk areas; or b. Along the perimeter of the lot as described in subsection A5 of this section. 7. Six Foot Fences: Fences and gates up to six feet (6') in height will be permitted as follows: a. 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. b. 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. c. When placed between adjacent residential uses and nonresidential uses along side or rear lot lines. d. When placed between single-family residential and multi -family residential uses along side or rear lot lines. 8. Eight Foot Fences: Fences up to eight feet (8') in height will be permitted as follows: a. In industrial and commercial districts when used for the purpose of screening accessory building material, equipment or vehicle storage yard uses. b. In residential zoning districts, along rear or side property lines contiguous to railroad rights of way. c. Public swimming pools, along the perimeter of the pool area. 9. Method For Determining Fence Height: Fence height shall be measured vertically from finished 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 toward the fence height limitations. 372461_2 Village Board Meeting - December 6, 2016 Page 483 of 578 10. Utility Easements: The construction of fences in utility easements is subject to the condition of the easement. 11. Recreational Facilities: Open mesh chainlink 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. B. Construction: 1. Fences may be constructed of wood, chainlink, 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. 2. 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. 3. Fences used for the purpose of screening outdoor storage, mechanical or utility equipment 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. All other fences may be open style except where adjacent to residential property, in which case, the fence must be a solid style. 4. 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. 5. 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 14.319: PERMITTED OBSTRUCTIONS A. Permitted Obstructions In Required Yards. Permitted obstructions in the CR district are regulated in Article VII of this chapter. For all other zoning districts, the following regulations shall be applicable to structures located within the required yards. For structures located within the buildable area (outside of the required yards), bulk, lot coverage and other associated regulations within this chapter shall apply. 372461_2 Village Board Meeting - December 6, 2016 Page 484 of 578 Eves, gutters, chimneys, bay windows encroaching not more than 24", no closer than 12" to a lot line P P P P Patios, Balconies, and Decks with a minimum setback of 15' from the rear lot line* and outside the required side yard P Boat slips, when adjacent to a navigable waterway P Handicap ramps in side yards, encroaching no more than 50% P Sport courts - with a minimum setback of 15' from the rear lot line and a minimum 5 feet from the side lot line, including associated equipment such as basketball standards. P Service walks, sidewalks, steps, and handicap ramps up to 8' in width. P P Service walks, sidewalks, steps, and handicap ramps up to 3' in width P P Driveways subject to the regulations noted in Article XXII P P P P Stationary basketball standards, when adjacent to an existing driveway P P P P Landscape terraces and retaining walls, subject to approval by the engineering division and issuance of a building permit P P P P Maximum of Four (4) Rain barrels per lot, up to 55 gallons in size each, subject to the requirements in C. of this subsection P P P Off-street Parking Pads subject to the regulations noted in Article XXII P P Decorative outdoor structures, maximum footprint of four (4) square feet, maximum of two (2) structures per lot, with a maximum height of eight feet (8') P P P P Outdoor storage cabinets, subject to requirements in C. of this subsection P Trellises, not to exceed eight feet (8') in height and a total width of ten feet (10'), maximum of two (2) structures per lot P P Arbors, not to exceed a width of five feet (5), a depth of three feet (3'), and a height of eight feet (8'), with a minimum setback of three feet (3') from side lot lines P P 372461_2 Village Board Meeting - December 6, 2016 Page 485 of 578 Central air conditioning units, generators, and similar mechanical equipment, subject to the requirements in C. of this subsection P B. Exceptions. 1. Lot Coverage and Floor Area Ratio. Permitted obstructions shall comply with requirements for impervious surface and floor area ratio as defined in this chapter with exception of outdoor storage cabinets, decorative outdoor structures, rain barrels, arbors and trellises. 2. Building Permits. A building permit is not required for the following permitted obstructions: outdoor storage cabinets, basketball standards, decorative outdoor structures, rain barrels, arbors and trellises, as defined in this chapter. 3. Permitted obstructions as listed in section 14.1319 shall not contribute to the total number of accessory structures permitted per lot as regulated in section 14.306 of this chapter. C. Additional Requirements for Permitted Obstructions 1. Rain barrels located in exterior side yards shall be screened via landscaped hedge. Rain barrels shall be equipped with a screen to prevent insect nesting and provide an overflow system to direct excess rainwater away from the primary building structure. 2. 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 units 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. 3. Outdoor storage cabinets. a. A maximum of one (1) outdoor storage cabinet is permitted per lot. b. Size. Outdoor storage cabinets shall not exceed one hundred (100) cubic feet in size, and shall not exceed a height of seven (7) feet. c. Location. Outdoor storage cabinets shall not be located in a required front or exterior side yards. On lots fifty five feet (55') in width or less, outdoor storage cabinets shall be set back three feet (3') from any interior side or rear lot line. On lots greater in width than fifty five feet (55'), outdoor storage cabinets shall be set back five feet (5') from any interior side or rear lot line. 372461_2 Village Board Meeting - December 6, 2016 Page 486 of 578 SECTION 5: Article VI "Zoning Districts" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be removed in its entirety and shall be replaced in its entirety as follows: 14.601: DISTRICTS: For purposes of this chapter, the village is hereby divided into the following zoning districts: A. Residential districts: C-R Conservation recreation R -X Single-family residence R-1 Single-family residence R -A Single-family residence R-2 Attached single-family residence R-3 Low-density residence R-4 Multi -family residence B. Office and business and industrial districts: B-1 Business office B-2 Neighborhood shopping B-3 Community shopping B-4 Corridor commercial B-5 Central commercial B -5C Core central commercial O/R Office research 1-1 Limited industrial 1-3 Solid waste handling (Ord. 4590, 9-21-1993; amd. Ord. 5589, 9-19-2006; Ord. 5751, 8-4-2009; Ord. 6029, 9-18- 2012) 14.602: ZONING MAP: A. The location and boundaries of districts established by this chapter, are shown on the zoning map of the village, incorporated herein as part of this chapter and as amended from time to time by the corporate authorities of the village. B. The following rules shall apply with respect to the boundaries of the various districts as shown on the zoning map: 1. District boundaries shall either be the centerlines of highways, streets, alleys or easements. District boundaries shall also be the section, division of section, tract or lot lines of a parcel. Boundaries indicated as approximate shall be considered to meet the above provisions. 2. The zoning ordinance and map shall be available at the village hall. (Ord. 4590, 9-21-1993; amd. per correspondence dated 6-16-1994) 14.603: ZONING OF ANNEXED LAND: 372461_2 Village Board Meeting - December 6, 2016 Page 487 of 578 On land annexed to the village, after adoption of this chapter, no building or structure shall be erected, enlarged or moved, and no change in the use of land or existing buildings shall be made until an ordinance designating the zoning classification of such land is adopted by the village board. Unless subject to the terms of a preannexation agreement, all properties annexed to the village shall automatically be classified an R -X single-family residence district, until such time an application is filed to amend the zoning classification of such land. (Ord. 4590, 9-21- 1993) 14.604: LAND USE TABLES: The following tables provide direction on land uses which may hereafter be established in the associated zoning districts as either permitted or conditional uses. Land use table 1 of this section regulates land uses located within the C-R, R -X, R-1, R -A, R-2, R-3, and R-4 zoning districts and land use table 2 of this section regulates land uses which are located within the B- 1, B-2, B-3, B-4, B-5, B -5C, O/R, 1-1, and 1-3 zoning districts. For the following two (2) tables, permitted uses shall be identified by a "P" and conditional uses shall be identified by a "C". If a space is left blank the use is not permitted in the respective zoning district. LAND USE TABLE 1 RESIDENTIAL AND RECREATIONAL ZONING DISTRICTS = M1 M1 M1 M1 M1 nz Land Use R X 1 A 2 3 4 Accessory structures P P P P P P P Accessory structures greater than 30 feet in height C Assisted living facility when approved as part of a PUD C C Attached single-family homes P Churches, synagogues, mosques, or other houses of P' P' P' P' P' worship Circular/dual frontage driveways C C C C 9 Colleges and universities C C C C Community centers C Conservatories C Convalescent homes/nursing homes C Cultural institutions C C C C Daycare center C C C C C 372461_2 Village Board Meeting - December 6, 2016 Page 488 of 578 Daycare home P P P P P Detention or retention facilities C Dormitory accommodations C C C C C Elementary schools P' P' P' P' P' Family community residence (located at least 1,000 feet P P P P P from another family community residence) Family community residence (located within 1,000 feet C C C C C of another family community residence) Foster care homes P P P P P Garages for parking of commercial vehicles C C Golf courses P Group community residence C C C C C High schools P' P' p' P1 P1 Home occupations P P P P P Libraries C C C C C Lighted ball fields C More than 1 garage C C C C Multi-family dwellings P Municipal buildings P' P' p' P1 P1 Museums C C C C C C Nature preservation areas P Parks and playgrounds P Planned unit developments C Personal Wireless Service Facilities, Structure Mounted P P P P P P Private or parochial schools P' P' P' P' P' Public recreational facilities Recreational complexes C Rehabilitation homes 372461_2 C L C L C L C L C C C Village Board Meeting - December 6, 2016 Page 489 of 578 Notes: 1. Permitted in limited circumstances. A conditional use shall be required if the following circumstances apply: a.A residential dwelling unit is being converted to the proposed use so as to be the principal use of the structure; or b.A new building or structure is to be constructed on property less than 40,000 square feet not currently in use for the proposed use. LAND USE TABLE 2 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS 372461_2 Village Board Meeting - December 6, 2016 Page 490 of 578 Land Use 1 2 3 4 5 5C O/R 1 Accessory structures P P P P P P P P Accessory uses (10 percent retail of permitted P uses) Amusement establishment C C Amusement establishment 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 372461_2 Village Board Meeting - December 6, 2016 Page 490 of 578 �Art and woodcraft studios P P P P Art, sculptor, and composer studios P P P P Art shops or galleries (not auction rooms) P P P P Automobile accessory stores P P P P Automobile fueling stations C P C C C Automobile garages P C C C Automobile leasing/rental agencies P P P Automobile maintenance and service center C P C C C Automobile sales, new or used (with 2 acres C or less) Automobile sales, new or used (with over 2 C P C C acres) 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 P P P P developing 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 372461_2 Village Board Meeting - December 6, 2016 Page 491 of 578 Children's recreation centers P P P P China and glassware stores P P P P Clothing and apparel retail stores P P P P P 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' offP ices P P P P P Contractors', architects' and engineers' C storage yards 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 Daycare 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 372461_2 Village Board Meeting - December 6, 2016 Page 492 of 578 Dwelling units, located above the first floor C P P Dwelling units on ground floor C C Exterminating services P Floor covering store P P P P Florist P P P P P Food store, grocery store, meat market and P P P P P delicatessen 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 P P P P gymnasiums Hearing aid stores P P P P Heliports C C Home improvement center (no outdoor P P P P storage) Home improvement center with outdoor C C storage 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 only P P P P P Lawn and garden equipment and supply P P P P 372461_2 Village Board Meeting - December 6, 2016 Page 493 of 578 Leather goods and luggage stores P P P P Libraries P P P P P Light assembly and repair P P Liquor stores, packaged goods P P P P Locksmith shop P P P P Machinery sales C Mail order, catalog stores P P P P Mail order houses P Manufacturing, heavy C Manufacturing, light P Martial arts school P P P P Massage establishments C C C C Medical or dental offices P P P P P P Miniwarehouse P Motorcycle, snowmobile, or personal C watercraft sales 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 P P P P P P Optical, orthopedicand medical appliance P P P P sales Outside display and sales C C Outside service areas C C Paint and wallpaper stores 372461_2 Village Board Meeting - December 6, 2016 Page 494 of 578 Parking lots, other than accessory parking C C P C C P Party supply stores P P P P Personal Wireless Service Facilities P P P P P P P P P Pet shops and grooming establishments P P P P Petroleum tank farm and related accessory C uses Photo developing and image transfer P P P P Photography studios P P P 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 P and related facilities Radio and television stations, studios and C P C C P towers Recycling collection centers C P Religious institutions C Repair, rental and servicing of any article of P P P P which is permitted use in the district Research laboratories and testing facilities P P Restaurants P P P P P C C Restaurants, including entertainment and P P P P C dancing Secondhand stores and rummage shops P P P P Shoe stores P P P P 372461_2 Village Board Meeting - December 6, 2016 Page 495 of 578 Sporting 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 P P P P Theaters, drive-in C Ticket agencies P P P P Tobacco shops P P P P Towing agencies P Toy shops P P P P Trade or vocational schools (excluding P C cosmetology) 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 Unique Use C C C C C C C C C Warehouse, distribution and storage facilities P P Watchman's quarters P P P P P Wholesale establishment P P SECTION 6: Section 14.805(D) "Bulk Regulations" to Article VIII "R -X Single -Family Residence District" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: 372461_2 Village Board Meeting - December 6, 2016 Page 496 of 578 D. Height Limitations: The following height limitations apply to principal buildings constructed in the R -X district: 1. Residential Buildings: The maximum height of a residential building shall not exceed fortyt4i feet (40 5'). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed forty +h;��ty fivefeet (405') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. SECTION 7: Section 14.905(D) "Bulk Regulations" to Article IX "R-1 Single -Family Residence District" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-1 district: 1. Residential Buildings: The maximum height of a residential building shall not exceed thirty fivetWeRty eight feet 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed forty #4444+feet (40 5') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. 372461_2 Village Board Meeting - December 6, 2016 Page 497 of 578 SECTION 8: Section 14.1005(D) "Bulk Regulations" to Article X "R -A Single -Family Residence District" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R -A district: 1. Residential Buildings: The maximum height of a residential building shall not exceed thirty five+Went, ty- eight feet (3529'). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed forty+h t feet (40 5') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. SECTION 9: Section 14.1105(D) "Bulk Regulations" to Article XI "R-2 Attached Single - Family Residence District" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-2 district: 1. Residential Buildings: The maximum height of a residential building shall not exceed thirty fivetWeRty eight feet (352 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed forty thirty five feet (40:5') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. 372461_2 Village Board Meeting - December 6, 2016 Page 498 of 578 c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. SECTION 10: Article XXII "Off Street Parking and Loading" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be removed in its entirety and shall be replaced in its entirety as follows: 14.2201: SCOPE OF REGULATIONS: A. The off street parking and loading provisions of this article shall apply as follows: For all buildings and structures erected and all uses of land, accessory parking and loading facilities shall be provided as required below. However, where a building permit has been issued prior to the effective date hereof, and provided that construction is begun within six (6) months of such effective date and diligently executed to completion (completion to be accomplished within 18 months of the effective date hereof), parking and loading facilities in the amounts required for the issuance of said building permit may be provided in lieu of any different amounts required by this chapter. When the intensity of use of any building, structure or premises is increased through additional dwelling units, gross floor area, seating capacity, or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. (Ord. 4590, 9-21-1993) 14.2202: GENERAL PROVISIONS: A. Change of Use. Whenever the existing use of a building or structure which has been provided with the required number of off street parking and loading spaces of this chapter shall be changed to a new use, parking or loading facilities shall be required for the new use. If the building or structure was erected prior to the effective date of these parking standards, additional parking or loading facilities are required. Such additional parking shall be calculated using the regulations of this chapter to determine the amount of parking the new use would exceed the parking requirements of the previous use. (Ord. 4590, 9-21-1993) B. Existing Parking and Loading Facilities. Off street parking or loading facilities which were in existence on the effective date hereof or were provided voluntarily after such effective date shall not hereafter be reduced below the requirements of this chapter for a similar new building or use. (Ord. 4590, 9-21-1993) C. Permissive Parking and Loading Facilities. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, improvement and operation of such facilities are adhered to. (Ord. 4590, 9-21-1993) D. Damage or Destruction. For any conforming or legally nonconforming building or use which is in existence on the effective date hereof which subsequently thereto is damaged or partially destroyed to the extent of less than fifty percent (50%) of its replacement value by fire, collapse, 372461_2 Village Board Meeting - December 6, 2016 Page 499 of 578 explosion or other cause, and which is reconstructed, reestablished or repaired, off street parking or loading facilities need not be provided, except that parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in the event the principal building or structure is damaged or destroyed by any means of fifty percent (50%) or more of its replacement value, it shall be necessary to provide parking or loading facilities as required by this chapter for equivalent new uses or construction; provided, however, that if the principal building or structure contains more than one use, parking and loading facilities, as required by this chapter, need be provided only for those uses which have been damaged or destroyed to the extent of fifty percent (50%) or more of their replacement value. (Ord. 4590, 9-21-1993) E. Off Site Remote Parking Facilities. In cases where parking facilities are permitted on land other than the zoning lot in which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which parking facilities are accessory. Such possession may either be by deed or long term lease, the term of such lease is subject to the approval of the planning and zoning commission and filed with the director of community development. The deed for the off site parking shall require such owner or heirs to maintain the required number of parking spaces for the duration of the use served or the term of the lease, whichever shall terminate sooner. The village board shall have final authority for these lease or deed approvals. Also, leases for off site parking should be limited to no more than one thousand feet (1,000') of the use served in the central business district, and no more than five hundred feet (500') from the use served outside the central business district. (Ord. 4590, 9-21-1993; amd. Ord. 5219, 11-6-2001) F. Off street parking area design. It shall be the responsibility of the community development director to review plans for all off street parking facilities to ensure compliance with the parking section of these regulations and his approval must be obtained before building permit issuance. The arrangement, character, extent, width, grade and location of all parking areas shall be considered in relation to existing and planned streets, to reasonable circulation to traffic within and adjacent to parking areas, to separation of parking, loading, and drive -up stacking, to topographical conditions, to runoff of stormwater, public convenience and safety, and in their appropriate relations to the proposed uses of the area to be served. All traffic intersections and confluences must encourage safe and efficient traffic flow. Any such submission must comply with the requirements of this chapter and the site construction specifications contained in chapter 16 of this code. Off street parking facilities and drive aisles shall be designed so as to discourage use of same as shortcuts and/or bypasses when located between major arterial roadways. Wherever feasible, shared interconnects and shared drive aisles with adjoining properties shall be provided. (Ord. 5751, 8-4-2009) G. Repair and Service. No motor vehicle repair work of a commercial nature shall be permitted in conjunction with off street parking facilities provided. (Ord. 4590, 9-21-1993) H. Maintenance. Upon completion, all off street parking facilities shall be properly maintained at all times, without potholes, broken curbing or other irregularities. (Ord. 4590, 9-21-1993) I. Land Banking. Any development that has a requirement for one hundred fifty (150) parking spaces or more may request up to a thirty percent (30%) reduction in the required parking spaces. Such request shall be approved by the director of community development and shall be accompanied by such documentation and evidence justifying the reduction. Such requests shall also provide for additional land area which may be converted to parking and shall be 372461_2 Village Board Meeting - December 6, 2016 Page 500 of 578 accompanied by a covenant running with the land to restrict the use of the land for future parking. Such covenant shall specify the authority of the village to require additional parking be installed if and when deemed necessary and to enforce said order upon the ownership. (Ord. 4590, 9-21-1993) J. Collective Provisions. Off street parking facilities for separate uses on the same lot may be provided collectively if the total number of spaces provided collectively is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces in relation to the use served are adhered to. (Ord. 4590, 9- 21-1993) K. Construction Specifications. The construction of off street parking facilities shall conform to all site construction specifications contained in chapter 16 of this code. (Ord. 5253, 5-21-2002) 14.2203: PERMITTED PARKING IN RESIDENTIAL DISTRICTS: A. Commercial Vehicles. The location and condition of commercial vehicles in residential districts shall be permitted as prescribed hereinafter. The following shall not apply to commercial vehicles conducting business at a location within a residential district. 1. Permitted Number Of Commercial Vehicles: No more than one commercial vehicle, as permitted herein, shall be parked on a single-family detached residential zoning lot. No more than one commercial vehicle per residential unit shall be permitted in a multiple -family residential development. 2. Location Of Commercial Vehicle Parking: Commercial vehicles shall be parked in a fully enclosed garage, or in the rear or side yard only, except that a vehicle may be permitted in the front yard if the property is developed in a manner that would physically prohibit parking in the rear or side yard. If front yard storage is required, the vehicle shall be parked as near the front of the garage as is physically possible. In all cases, commercial vehicles shall be parked on an approved hard surface. 3. Size Of Commercial Vehicles: No commercial vehicles that exceed any of the following size criteria may be parked in a residential district: a. Seven feet (7') in height when measured from the ground to the top of the roof; b. Seven feet (7') in width when measured from the widest point of the vehicle (mirrors are not included within the 7 foot width limitation); and c. Nineteen feet six inches (19'6") in length when measured from the front bumper to back bumper, excluding snowplow blades as permitted herein. 4. Exterior Storage On Commercial Vehicles: Storage on the exterior of commercial vehicles which are parked within a residential district shall comply with the following restrictions: a. Rear: Trailers or other attachments shall be prohibited on the rear of a commercial vehicle when parked in a residential district. 372461_2 Village Board Meeting - December 6, 2016 Page 501 of 578 b. Front: Snowplows shall be permitted on the front of commercial vehicles during the winter season. c. Sides: No storage of any equipment, storage racks or materials shall be permitted on the sides of commercial vehicles. Extension of trailer side walls and pickup truck side walls shall be prohibited. d. Top: Storage racks not exceeding eighteen inches (18") in height, inclusive of ladders and other equipment, shall be permitted on commercial vehicles so long as the overall height of the commercial vehicle does not exceed eight feet (8') when measured from the ground to the top of the storage rack, inclusive of equipment stored on said racks. e. Pickup Truck Bed: Equipment (other than a permanently attached tool box) visible above the top of the trailer and pickup truck bed shall be prohibited. Storage of landscaping material or other loose debris in the trailer or bed of a truck shall be prohibited. 5. Commercial Vehicle Signage: Signage located on the exterior of commercial vehicles shall be limited to the front door panels only of a commercial vehicle. Commercial vehicles parked within a garage will not be regulated with regards to signage. 6. Prohibited Commercial Vehicle Storage: Parking of a commercial vehicle containing a refrigeration unit or other motorized compressor or a commercial vehicle with more than four (4) wheels shall be prohibited within a residential district unless the vehicle is parked within a garage in such a manner that the refrigeration unit is not audible outside the garage. The foregoing is intended to be applicable to those vehicles which use a refrigeration unit or compressor to further the commercial purpose of the vehicle and does not apply to air conditioner units used for the comfort of the driver and passengers. 7. Commercial Trailer Storage Limitations: All commercial trailers parked or stored on a lot in a residential district shall, at all times, be parked in a fully enclosed garage. 8. Application Of Home Occupation Standards: The standards for home occupation as set forth in section 14.307 of this chapter shall be applicable to the parking of commercial vehicles in a residential district, provided that if there is a conflict between section 14.307 of this chapter and this section, then this section shall apply. (Ord. 4590, 9-21-1993; amd. Ord. 4825, 10-1-1996; Ord. 5426, 4-20-2004) 9. Commercial vehicles of all types are permitted to be parked on-site for work purposes provided that no such vehicle shall be parked for more than ten (10) consecutive hours and under no circumstances shall be parked overnight. B. Other Vehicles. Recreational vehicles and equipment as defined herein, automobiles, motorcycles, trucks, vans, and vehicle trailers may be permitted to park only upon an approved driveway or parking pad constructed to the required standards of the site construction specifications contained in chapter 16 of this code. (Ord. 5447, 7-19-2004) 14.2204: RESIDENTIAL DRIVEWAYS: 372461_2 Village Board Meeting - December 6, 2016 Page 502 of 578 A. Driveways. All single-family and attached single-family driveways shall conform to the following requirements: 1. A minimum of two (2) parking spaces shall meet the required setbacks of the specific zoning district. Driveways shall lead to an off street parking space(s) or parking pad and shall cross the required front or exterior side yard in a manner essentially perpendicular to the street pavement. Circular or dual frontage driveways, or driveways serving side load garages are exempt from this requirement. 2. Minimum driveway width shall be eight feet (8'). 3. Parallel paving strips shall be permitted as alternatives to paved driveway surfaces. Driveway width measurements shall be made from the pavement's outside edge and shall include the width between strips of pavement. 4. Driveway width shall be calculated by including all abutting parallel sidewalks and patios for driveways located within a required front or required exterior side yard. 5. All driveways shall be unobstructed from any encroachment such as chimneys, fireplaces, and bay windows. 6. Driveways serving attached garages shall not exceed twenty-six feet (26') in width unless otherwise regulated elsewhere in this chapter. a. Driveways In Front of Houses. No driveway shall encroach more than three feet (3') beyond the garage toward the front plane of the house, with exception of circular or dual frontage driveways and driveways serving side -load garages as permitted per code. b. Driveways serving three car attached garages may be the same width as the garage, not to exceed a maximum width of thirty-three feet (33'), and shall be tapered to a width no greater than no greater than twenty-six feet (26') within eighteen feet (18') of the garage's front elevation. 7. Driveways serving detached garages shall not exceed twenty-six feet (26') in width, unless otherwise regulated elsewhere in this chapter. a. Driveways In Front of Houses. No driveway shall encroach more than three feet (3') beyond the garage toward the front plane of the principal structure (house). b. Driveways serving detached garages may be the same width as the garage and shall be tapered to a width no greater than twenty-six feet (26') within eighteen feet (18') of the garage's front elevation. Maximum measurement shall be taken from garage's edge farthest from the side lot line, running parallel to the garage fagade. 8. Vehicle Turnaround Pads. Driveways fronting onto a major arterial street, as defined in the village's comprehensive plan, may provide a vehicle turnaround pad no larger than twelve feet (12') in depth as measured parallel to the front lot line, and ten feet (10') in width as measured perpendicular to the front lot line. The vehicle turnaround pad shall be located entirely on the property, perpendicular to the driveway, and at least fifteen feet (15') from 372461_2 Village Board Meeting - December 6, 2016 Page 503 of 578 the principal structure. The turnaround pad may be in addition to the overall permitted driveway width. 9. Driveways serving side -load garages. Driveways serving side -load garages shall not exceed twenty-six feet (26') in width. Measurements for driveway width shall be taken parallel to the front lot line, no closer to the right of way than two feet (2') from the required front yard setback line. 10. Circular and dual -frontage driveways. Circular or dual frontage driveways for lots with a lot width of seventy-five feet (75') or greater shall meet these minimum requirements: a. Minimum Turning Radius: The circular drive portion of the driveway shall have a minimum turning radius of fifteen feet (15'); b. Width: The circular drive portion of the driveway shall have a minimum width of twelve feet (12') and a maximum allowable driveway width of twenty-six feet (26'), as measured both at the lot line and at the entrance to the garage. B. Parking Pads. 1. Parking pads are subject to the following requirements. a. Parking pads shall be accessible via a driveway serving an attached garage and may encroach into required yards. b. Parking pads shall be a minimum of eight feet (8') in width and shall not exceed 200 square feet in area. All adjacent flatwork (sidewalks, patios) shall be calculated into the parking pad's total area. c. Parking pads shall be included in any maximum driveway width calculation, measured at the point where the parking pad meets the driveway. C. Driveways serving multi -family residential lots shall be considered drive aisles and shall meet the parking lot design standards of the code. 14.2205: 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 372461_2 Village Board Meeting - December 6, 2016 Page 504 of 578 76-100 101 -150 151 -200 201 -300 301 -400 401 -500 501 -1,000 1,001 and over 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. (Ord. 6112, 12-17-2013) (Ord. 5253, 5-21-2002; amd. Ord. 5447, 7-19-2004; Ord. 5547, 2-7-2006; Ord. 5751, 8-4- 2009; Ord. 6112, 12-17-2013) 14.2206: PARKING LOT DESIGN A. Parking Stall and Drive Aisle Dimensions. All parking stalls and drive aisles shall have the minimum dimensions, as set forth in figure 1 of this section, provided that the vehicle overhang of not greater than two feet (2') may be included in stall depth calculations where such overhang does not extend beyond the property line, encroach on the minimum width of the sidewalk, or encroach upon a required setback. Angle Stall Width Stall Length Aisle Width Total Bay Size — Measured Measured Two parking Parallel to Drive Perpendicular rows and drive Aisle to Drive Aisle aisle 372461_2 Village Board Meeting - December 6, 2016 Page 505 of 578 45 12.7 17.5 13 43.6* 60 10.4 19 17 52* 90 9 18 24(two-way) 60 *Total Bay Size reflective of interior parking rows of same angle with one-way drive aisle Dimension for parking with angles other than what is indicated in the chart above shall be figured proportionately and approved by the community development director. B. Drive Aisle Dimensions. The drive aisle width shall be adequate to maneuver all vehicle types in and out of the site. Drive aisle widths shall be twenty four feet (24') in width (12 feet per lane). Drive aisles which exceed twenty four feet (24') in width shall be approved by the director of community development and be striped to provide for safe vehicular movement. C. Parking Stall Size Reductions. An industrial, commuter, long term business office or multi- family residential use may request a reduction to eight and one-half feet (81/2') in stall width. Such request shall be approved by the director of community development and must be accompanied by such documentation and evidence which shall justify the parking lot safety. D. Parallel Parking Stalls. Off-street parallel parking spaces shall conform to the following requirements: 1. Stall width measured perpendicular to the drive aisle shall be a minimum of ten feet (10'). 2. Stall length measured parallel to the drive aisle shall be a minimum of twenty-four feet (24'). 3. Minimum drive aisle requirements: twelve feet (12') for one-way access and twenty-four feet (24') for two-way access. E. Parking Lot Specifications 1. Setbacks. a. Nonresidential Districts: Parking lots shall be permitted within ten feet (10') of the property line unless adjacent to single-family residential districts. Parking lots located in required yards, which are adjacent to single-family residential districts, shall be prohibited. b. Residential districts. Parking lots located in residential districts shall meet the required setbacks of the specific district. 2. Curb and Gutter: Combination concrete curb and gutter or concrete barrier curb is required around the perimeter of all parking lots and around all islands, provided that with approval of the director of community development this requirement may be deferred for the area adjacent to any future expansion as part of a staged development. Where alternatives to concrete curb and gutter are demonstrated to be more appropriate and recommended by the village engineer, said alternatives may be approved by the director of community development. (Ord. 4590, 9-21-1993) 3. Radii. Ingress/egress drive aisles shall have a thirty foot (30') radii on returns. Concrete islands abutting ninety degree parking stalls shall have a five foot (5) radii on returns. 372461_2 Village Board Meeting - December 6, 2016 Page 506 of 578 4. Striping. Striping of the pavement surface to define each parking space is required and shall be a minimum of four inches (4") in width from the length of each space. Striping for each parking space shall be painted in yellow or white. Thermoplastic pavement markings are an acceptable alternative. All areas designated as fire lanes shall be marked by posting of signs and/or yellow markings, provided that signs shall be used wherever feasible. (Ord. 4590, 9-21- 1993) 5. Wheel Guards. Parking spaces shall be provided with wheel guards or bumper guards where concrete curbs are not required so that no part of parked vehicles will encroach on an adjacent sidewalk. Bumper guards are not required for interior stalls or in locations where a concrete curb exists. (Ord. 5751, 8-4-2009) 6. Parking Garage Clearance. Parking garages shall have a minimum vertical clearance of seven feet six inches (7'6"). 7. Drive Through Stacking. Stacking for vehicles in drive-through lanes, or other locations where vehicle stacking is required, shall be measured at a distance of twenty feet (20') from the front bumper of the first vehicle in the queue to the front bumper of the second vehicle in the queue, and so forth. Stacking lanes shall be separated from primary parking areas via a landscaped median. 8. Protection Of Lighting Fixtures: Light poles in a parking lot shall be protected from vehicles by curbed landscape islands. 9. Screening and Landscaping. All open parking lot areas containing more than four (4) required parking spaces shall be effectively screened as per the requirements contained in the landscape section of the development code. (Ord. 4590, 9-21-1993) 14.2207: OFF STREET PARKING REQUIREMENTS: The required number of off street parking spaces shall be calculated as listed below: TABLE OF OFF STREET PARKING REQUIREMENTS 372461_2 Village Board Meeting - December 6, 2016 Page 507 of 578 1 space for every 10 required parking spaces 3/4 space per dwelling unit 1 space per dwelling unit 1 space per guestroom plus 1 space per employee on peak shift. (Restaurants and lounges require separate parking calculations.) 1 space per 4 residents plus 1 space per employee 372461_2 Village Board Meeting - December 6, 2016 Page 508 of 578 372461_2 Village Board Meeting - December 6, 2016 Page 509 of 578 ................ ................................................................................................................................................................................ ........................................ Amusement establishments Arena/stadium Bowling alley Club/lodge Cultural institutions and museums Golf course Gym/health club Swimming pool Tennis club Theater Industrial: Manufacturing, research and development, utility Miniwarehouse (Ord. 4590, 9-21-1993; amd. Ord. 5034, 7-20-1999; Ord. 5751, 8-4-2009; Ord. 6029, 9-18- 20121; Ord. 6112, 12-17-2013; Ord. 6147, 7-15-2014) 14.2207.1: 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. 372461_2 Village Board Meeting - December 6, 2016 Page 510 of 578 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: B. Size: This chapter provides for two (2) sizes of loading berths, short berths and long berths. The vertical clearance of all berths shall be not less than fifteen feet (15'). The size of short and long loading berths shall conform to the following: 372461_2 Village Board Meeting - December 6, 2016 Page 511 of 578 1. Short Berths: The size of berths, maneuvering aprons, and access aisles shall be as follows: a. Berth Size: Short berths shall have a minimum width of twelve feet (12') and a minimum length of thirty five feet (35'). b. Maneuvering Apron: A maneuvering apron of sixty feet (60') shall be provided. c. Access Aisles: A width of at least twelve feet (12') shall be provided for one-way aisles and twenty two feet (22') for two-way aisles. 2. Long Berths: The size of berths, maneuvering aprons, and access aisles shall be as follows: a. Berth Size: Long berths shall have a minimum width of twelve feet (12') and a minimum length of fifty feet (50'). b. Maneuvering Apron: A maneuvering apron of sixty feet (60') shall be provided. c. Access Aisles: A width of at least fourteen feet (14') shall be provided for one-way aisles and twenty four feet (24') for two-way aisles. C. Access: Each off street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, and shall be subject to approval by the director of community development. D. Surfacing: All open off street loading berths shall be paved with asphalt, concrete or other dustless all weather material capable of bearing a live load of two hundred (200) pounds per square foot. E. Repair And Service: No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any district, except that: 1. Emergency repair service necessary to start vehicles shall be permitted in all districts. F. Utilization: Space allocated to any off street loading use shall not, while so allocated, be used to satisfy the space requirement for any off street parking facilities or portions thereof. G. Central Loading: Central loading facilities may be substituted for loading berths on individual zoning lots provided the following conditions are fulfilled: 1. Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade by means of a ramp or tunnel. 2. Total off street loading berths provided shall meet the minimum requirements herein specified, based on the sum of the several types of uses served. (Area of types of uses may be totaled before computing number of loading berths.) 372461_2 Village Board Meeting - December 6, 2016 Page 512 of 578 3. No zoning lot served shall be more than five hundred feet (500') removed from the central loading area. 4. The tunnel or ramp connecting a central loading area with the zoning lot serviced shall be not less than twelve feet (12') in width and have a clearance of not less than twelve feet (12'). H. Minimum Facilities: Uses for which off street loading facilities are required herein, but which are located in buildings with less paved area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities, accessible by motor vehicles off any adjacent alley, service drive, or open space on the same zoning lot. (Ord. 4590, 9- 21-1993; amd. Ord. 5751, 8-4-2009) SECTION 11: Article XXIII "Landscape Requirements" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be removed in its entirety and shall be replaced in its entirety as follows: 14.2301: INTENT AND PURPOSE: The purpose of these landscape requirements is to promote, protect and preserve the general health and safety of the people of the community and, as part of the general welfare, ensure aesthetic compatibility among land uses within the community. These regulations are intended to minimize the harmful or nuisance effects resulting from noise, dust, debris, motor headlight glare, artificial light intrusions, objectionable sights or activities, or similar incompatible impacts conducted or created by adjoining or nearby land use. It is also the purpose of these regulations to safeguard the environmental quality and aesthetic character of the community by limiting the removal and ensuring replacement of trees upon private property within the village. These regulations are intended to preserve insofar as practical, existing vegetation and topographical features by limiting unnecessary clearing and modification of land, encouraging the retention of existing mature trees, requiring the replacement of indigenous trees with approved species, and encouraging the energy efficient operation of land uses in the public interest. Landscaping required by this chapter shall be a condition to the issuance of a certificate of occupancy for any improvements built on the subject property. (Ord. 4590, 9-21-1993) 14.2302: LANDSCAPE PLAN REQUIREMENT: A landscape plan shall be required and approved by the director of community development for the following: A. Any nonresidential development of any parcel of land involving the construction of any new building(s), structure(s) or parking facilities, or B. Any multi -family residential development and/or residential PUD, or C. Any development involving expansion by more than twenty five percent (25%) of an existing structure's building footprint, excluding single-family residences, if constructed 372461_2 Village Board Meeting - December 6, 2016 Page 513 of 578 after the effective date hereof. The plan shall be completed by a landscape architect or a person capable of fulfilling all requirements set forth in this chapter. Requests for relief or revisions to these requirements of this chapter may be submitted to the village manager for his consideration. (Ord. 5751, 8-4-2009; amd. Ord. 6112, 12-17-2013) 14.2303: CONTENT OF LANDSCAPE PLAN: A. Landscape Plan Content Requirements: Locations of existing and proposed improvements, as detailed below, shall be indicated on the landscape plan. Additional information, including technical information, samples, details and/or photographs of materials to be used, may be requested by the director of community development. 1. Principal and accessory structures, including fencing and screening walls, and freestanding signs. 2. Paved surfaces, including sidewalks, plazas, and parking lots. Parking lots areas shall have parking spaces and curbs delineated. Garbage and recycling areas (trash enclosures) shall be noted on the plan. 3.. Existing plant material to remain, including identification of trees, shrubs and ground cover. 4. Proposed location of all new plant materials as identified according to the planting schedule. 5. Proposed treatment of all ground surfaces (ground covers, sod, seed and/or plantings). 6. Location of public right-of-way, lot lines, easements and utility appurtenances. 7. Location of exterior lighting, including parking lot lighting. 8. Methods to be used to protect plants and planted areas (curbs, ties, walls, etc.). 9. Irrigation plan, required for commercial, industrial and multi -family residential projects. 10. Grading and drainage plan, showing spot elevations and/or cross sections. 11. Proposals to protect and preserve existing trees during and after construction. B. Planting Schedule: The following shall be included in the planting schedule and submitted with any landscape plan. 1. Plant material schedule, listing: botanical names; common names; caliper or height; and quantity. 372461_2 Village Board Meeting - December 6, 2016 Page 514 of 578 2. Plant material schedule of all trees (4 inch caliper and above) to be removed, listing: botanical names; common names; caliper or height; and quantity. 3. Planting data box which shall include the required and proposed calculations for the following: a. Length (in feet) for each lot line: i. Adjacent to public right-of-way. ii. Adjacent to non -residentially zoned property. iii. Adjacent to residential property. b. The total number of trees required and proposed. c. The total number of shrubs required and proposed. C. Title Block: 1. Name and address of property owner. 2. Name of landscape architect. 3. Firm name and address. 4. Scale data. 5. North arrow. 6. Date. 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. Trees to be installed shall meet the minimum criteria: a. Evergreen trees shall be a minimum of six feet (6') in height. b. Ornamental trees shall be a minimum of two inch (2") caliper or five feet (5) clump form. c. Shade trees a minimum of two and one-half inch (21/2") caliper. 372461_2 Village Board Meeting - December 6, 2016 Page 515 of 578 3. Shrubs to be installed shall meet the minimum criteria at time of installation: a. Fifty percent (50%) of shrubs shall be deciduous and fifty percent (50%) evergreen. b. For shrubs that mature at less than five feet (5) in height, minimum installation size shall be two feet (2'). c. For shrubs that mature taller than five feet (5) in height, minimum installation size shall be three feet (3'). C. Installation Of Plant Materials: 1. 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. 2. A schedule of prohibited and permissible plant materials is provided in section 14.2309 of this chapter. 3. Where overhead power lines exist, only trees that have a mature height of twenty feet (20') or less should be planted underneath. 4. Except areas occupied by planting beds, all landscaping areas located in the front or exterior side yards shall be sodded. 5. Except areas occupied by planting beds, all landscaping areas located in the interior side or rear yards shall be sodded or seeded. 6. Plant materials installed along the perimeters of parking areas and rights-of-way shall be salt hardy. D. Maintenance Of Plant Materials: The owner of the premises shall be responsible for the maintenance, repair and replacement of all landscaping plant materials and related structures, including but not limited to refuse disposal areas, walls, and fences as may be required by the village. When any existing landscaping materials are removed from a nonsingle-family residential property, the removed and replacement materials shall be approved by the director of community development. A means of irrigating plant material shall be provided. E. Planting Beds: Outside of existing plantings, the remaining planting beds shall be mulched in their entirety with ground cover, shredded bark or other similar material. F. Detention/Retention Basins And Ponds: Areas surrounding detention/retention basins and ponds shall be planted above the high water line. 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. 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. 372461_2 Village Board Meeting - December 6, 2016 Page 516 of 578 G. 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, and cobbles) may be used when demonstrated to the director of community development that the area will not support live plant materials. Carefully selected plant material shall be combined with such materials where possible. 14.2305: RIGHT OF WAY LANDSCAPING: Where a parcel abuts a dedicated public right of way, parkway trees shall be provided in accordance with subsection 15.502 E and sections 15.808 and 16.902 of this code. A. Graded And Sodded: All unpaved areas within the right of way shall be graded and sodded in accordance with section 16.904 of this code. (Ord. 5253, 5-21-2002) 14.2306: SITE LANDSCAPING: A. Parking Lot Landscape Islands. All parking lots designed for four (4) or more required parking spaces shall be planted in accordance with the provisions of this article. 1. Landscape Island Planting Areas. A planting island of at least one hundred twenty (120) square feet in area, and at least seven feet (7') in width, as measured back of curb to back of curb shall be provided for every seventeen (17) parking spaces in a parking row. A planting island shall be required at the end of each row of parking stalls regardless of the number of parking stalls in the row. 2. Landscape Island Planting Materials. One shade tree shall be provided for every one hundred twenty (120) square feet of area in a landscape planting island. There shall be at least fifty percent (50%) live coverage. Live coverage shall consist of a mixture of planting material, including evergreens, shrubs and perennials. B. Perimeter Landscaping. The regulations of this subsection B shall apply to the area defined along an adjacent lot line, extending to any or all of the following: exterior curblines of a parking lot; drive aisles or loading docks; and any building. Foundation landscaping regulations shall apply as indicated in Section 14.2307. 1. Perimeters Abutting/Adjacent to Single -Family Residential Uses: The following landscaping is required along lot lines that are adjacent or abutting a single-family residential use. a. Front and Exterior Side Yards: i. Where located across a street from a residential use, continuous landscaping shall be provided the frontage to a height of three feet (3'). ii. Shade trees shall be provided at the equivalent of fifty feet (50') apart along the abutting lot line. b. Rear and Interior Side Yards: 372461_2 Village Board Meeting - December 6, 2016 Page 517 of 578 i. A screen/buffer shall be provided at a minimum of six feet (6') in height. ii. Shade trees shall be provided at the equivalent of fifty feet (50') apart along the abutting lot line. iii. Other planting material, including ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials shall be provided at intermittent locations, covering at least seventy five percent (75%) of the linear frontage. 2. Perimeters Abutting/Adjacent to Non -Single -Family Residential Uses: a. Landscaping shall be provided across fifty percent (50%) of the abutting lot line to a minimum height of three feet (3'). For lot lines greater than one hundred feet (100') in length, 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 lot line. b. Shade trees shall be provided at the equivalent of seventy five feet (75') apart along the abutting lot line. 3. Exemptions. Landscaping requirements may be waived by the community development director for instances where no or little setback is required or provided, resulting in an area where plant material will not prosper. 14.2307: FOUNDATION LANDSCAPING: A. Setback: A landscaping area a minimum of four feet (4') in width shall be located, around the front and exterior side facade of all buildings; decorative, year round planter boxes and pots may be an acceptable alternative subject to approval of the community development director. B. Coverage: Required foundation landscaping areas shall remain open and free of all paving except where walks to buildings and other similar paving is required. C. Landscaping Materials: Such landscaping shall consist of ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials. Particular attention shall be paid toward screening mechanical equipment and loading docks; softening large expanses of building walls; and accenting entrances and architectural features. 14.2308: TREE PRESERVATION: This section provides standards for protection of trees on private property. Chapter 9, article VII of this code provides standards for protection of trees on public property. A. Tree Removal Procedure: 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 372461_2 Village Board Meeting - December 6, 2016 Page 518 of 578 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. 2. The application for a tree removal permit shall be accompanied by: 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 A3d of this section shall be accompanied by a report from a certified arborist if requested by the department of community development. 3. The village shall approve an application for a tree removal permit if one or more of the following conditions is present: a. It is necessary to remove a tree which poses a safety hazard to pedestrian or vehicular traffic or threatens to cause disruption of public safety. b. It is necessary to remove a tree which poses a safety hazard to structures. c. It is necessary to remove a tree which is diseased or has been weakened by age, storm, fire or other injury. d. It is necessary to observe good forestry practice, i.e., the number of healthy trees a given parcel of land will support. 4. When a tree removal is occasioned by any development or land use requiring the submission of a site plan, or subdivision plan, the said plan shall, upon approval by the village, constitute a tree removal permit. 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. B. Protection Of Existing Trees: The following materials are required for all development activity requiring site plan review: 1. A tree survey indicating the location, size, and species of all trees located on the parcel with a caliper of four inches (4") or greater. 2. Every reasonable effort shall be made to retain existing trees on the aforementioned tree survey through the integration of those trees surveyed into the site and landscaping plans for a proposed development. 372461_2 Village Board Meeting - December 6, 2016 Page 519 of 578 3. A tree preservation plan indicating, at a minimum, the location of those trees to be preserved and the methods which are to be used to preserve such trees. This tree preservation plan shall specify the following: a. The following preservation techniques shall be employed: (1) All grading and construction equipment shall be forbidden from encroaching within the drip line of a tree. (2) Crushed limestone, hydrocarbons and other materials detrimental to trees shall not be dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivably affect the health of the tree. (3) Snow fencing shall be temporarily installed at the periphery of the tree's drip line. (4) No grade changes shall be allowed under drip line of any trees located on the tree survey. b. The methods which are to be used to preserve those trees shall be clearly specified. If, in the opinion of the village, the necessary precautions as specified in the tree preservation plan were not undertaken before or maintained during construction, the land development permit for the parcel shall not be issued or, if previously issued, shall be revoked until such time as these precautions have been complied with. 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: a. Such trees shall be replaced with new trees in accordance with the following: For the above, in the event of a fraction of an inch, if a fraction is less than one-half inch (1/2"), the lower full number listed above shall be used. If a fraction is one-half inch (1/2") or greater, the higher number shall be used. b. 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 372461_2 Village Board Meeting - December 6, 2016 Page 520 of 578 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, division I I 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. 7. Removal of trees designated for preservation shall be allowed only by amending the landscape plan. The amended landscape plan shall indicate the location, species, and size of all replacement trees. (Ord. 4590, 9-21-1993; amd. Ord. 5253, 5-21-2002; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013) 14.239: PROHIBITED AND RECOMMENDED PLANT LIST: PROHIBITED TREE LIST Botanical Name Common Name Acer negundo Box elder Acer saccharinum Silver maple Ailanthus altissima Tree of heaven Betula papyrifera White birch Elaeagnus angustifolia Russian olive Fraxinus species Ash species Ginkgo biloba, female Ginkgo (female only) Maclura pomifera Osage orange Morus species Mulberry (all species) Populus species Cottonwood (all species) Robinia pseudoacacia Black locust Salix babylonica Weeping willow 372461_2 Village Board Meeting - December 6, 2016 Page 521 of 578 RECOMMENDED PLANT LIST Use of plants not included on the recommended plant list may be permitted with the approval of the director. SHADE TREES (minimum size at installation — 2 % inch caliper): Botanical Name (except in large wet areas) Sorbus species Mountain ash Ulmus americana American elm Ulmus pumila Siberian elm RECOMMENDED PLANT LIST Use of plants not included on the recommended plant list may be permitted with the approval of the director. SHADE TREES (minimum size at installation — 2 % inch caliper): Botanical Name Common Name Acer pseudoplatanus Sycamore maple Acer x freemani Freeman maple Acer rubrum Red maple Acer saccharum Sugar maple Aesculus glabra Ohio buckeye Aesculus hippocastanum Horse chestnut Betula nigra River birch Carpinus betulus European hornbeam Carya cordiformis Bitternut hickory Carya ovata Shagbark hickory Celtis occidentalis Common hackberry Fagus grandifolia American beech Fagus sylvatica European beech Ginkgo biloba Ginkgo (male only) Gleditsia triacanthos var. inermis Thornless honeylocust 372461_2 Village Board Meeting - December 6, 2016 Page 522 of 578 Gymnocladus dioicus Kentucky coffeetree Juglans cinerea Butternut Larix decidua European larch Larix laricina American larch Liquidambar styraciflua Sweet gum Quercus alba White oak Quercus bicolor Swamp white oak Quercus macrocarpa Bur oak Quercus robur English oak Quercus rubra Red oak Syringa amurensis Japanese tree lilac Syringa pekinensis Peking lilac Taxodium distichum Bald cypress Tilia Americana American Basswood Tilia cordata Littleleaf linden Tilia euchlora Redmond linden Tilia tomentosa Silver linden Ulmus species Improved DED resistant varieties EVERGREEN TREES (minimum height at installation - 6 feet): Botanical Name Common Name Picea abies Norway spruce Picea glauca White spruce Picea omorika Serbian spruce Picea pungens Colorado spruce 372461_2 Village Board Meeting - December 6, 2016 Page 523 of 578 Pinus parviflora Japanese white pine Pinus strobus Eastern white pine Pinus sylvestris Scotch pine Pseudotsuga menziesii Douglas fir Tsuga canadensis Canadian hemlock ORNAMENTAL TREES (minimum size at installation - 2 inch caliper or be a clump form at a minimum height of 5 feet): Botanical Name Common Name Acer ginnala Amur maple Acer campestre Hedge maple Acer miyabe Miyabi maple Acer tataricum Tartarian maple Aesculus pavia Red buckeye Alnus glutinosa European black alder Amelanchier alnifolia Saskatoon serviceberry Amelanchier arborea Downy serviceberry Amelanchier laevis Allegheny serviceberry Amelanchier x grandiflora Apple serviceberry Betula platyphylla White birch Carpinus caroliniana American hornbeam Cercis canadensis Eastern redbud Cornus kousa Kousa dogwood Crataegus crusgalli var. inermis Cockspur hawthorn Crataegus phaenopyrum Washington hawthorn Magnolia x soulangiana Saucer magnolia 372461_2 Village Board Meeting - December 6, 2016 Page 524 of 578 Magnolia stellata Star magnolia Malus species Flowering crabapple Ostrya virginiana American hophornbeam Phellodendron amurense American corktree Prunus americana Wild plum Prunus virginiana Common chokecherry Ptelea trifoliata Common hoptree Sophora japonica Japanese pagoda tree Syringa reticulata Japanese tree lilac LARGE DECIDUOUS SHRUBS (minimum height at installation - 3 feet): Botanical Name Common Name Amorpha fruticosa Indigobush amorpha Cephalanthus occidentalis Common buttonbush Cornus alba Tatarian dogwood Cornus alternifolia Pagoda dogwood Cornus mas Cornelian cherry dogwood Cornus racemosa Gray dogwood Cornus sericea Red -osier dogwood Corylus americana American hazelnut Cotoneaster acutifolius Peking cotoneaster Cotoneaster divaricatus Spreading cotoneaster Cotoneaster Iucidus Hedge cotoneaster Cotoneaster multiflorus Many flowered cotoneaster Euonymous alatus compactus Dwarf burning bush 372461_2 Village Board Meeting - December 6, 2016 Page 525 of 578 Forsythia x intermedia Border forsythia Forsythia viridissima Greenstem forsythia Hamamelis vernalis Vernal witch -hazel Hamamelis virginiana Common witch -hazel Hydrangea paniculata Panical hydrangea Ilex verticillata Common winterberry Physocarpus opulifolius Common ninebark Rhus glabra Smooth sumac Rhus typhina Staghorn sumac Sambucus canadensis Elderberry Syringa species Lilac Tamarix ramosissima Five stamen tamarix Viburnum dentatum Arrowwood viburnum Viburnum lantana Wayfaring tree viburnum Viburnum lentago Nannyberry viburnum Viburnum opulus European cranberry viburnum Viburnum prunifolium Blackhaw viburnum Viburnum trilobum American cranberry viburnum Viburnum x burkwoodii Burkwood viburnum Viburnum x rhytidophylloides Lantanaphyllum viburnum Weigela species Weigela LARGE EVERGREEN SHRUBS (minimum height at installation - 5 feet): Botanical Name Common Name Juniperus species Upright juniper 372461_2 Village Board Meeting - December 6, 2016 Page 526 of 578 Juniperus virginiana Eastern red -cedar Thuja occidentalis Arborvitae SMALL DECIDUOUS SHRUBS (minimum height at installation - 24 inches): Botanical Name Common Name Amelanchier stolonifera Running serviceberry Aronia melonocarpa Black chokeberry Aronia arbutifolia Red chokeberry Berberis thunbergii Japanese barberry Berberis x mentorensis Mentor barberry Ceonothus americanus New Jersey tea Clethra alnifolia Summersweet clethra Cotoneaster apiculata Cranberry cotoneaster Cotoneaster adpressus Creeping cotoneaster Cotoneaster horizonalis Rockspray cotoneaster Forsythia species Forsythia Hydrangea species Hydrangea Hypericum species St. John's wort Ilex verticillata Common winterberry Myrica pennsylvanica Bayberry Ribes alpinum Alpine currant Rhus aromatica Gro -low sumac Rosa species Rose Stephanandra incisa Cutleaf stephanandra Syringa meyeri Meyer lilac 372461_2 Village Board Meeting - December 6, 2016 Page 527 of 578 Syringa patula Miss kim lilac Viburnum carlesii Dwarf Korean viburnum Viburnum sargentii Sargent viburnum Viburnum trilobum American cranberry viburnum Viburnum x juddii Judd viburnum Weigela species Weigela SMALL EVERGREEN SHRUBS (minimum height at installation - 24 inches) Botanical Name Common Name Buxus koreana x sempervirens Boxwood Buxus sempervirens Common boxwood Buxus microphylla Littleleaf boxwood Chamaecyparis species Falsecypress Ilex glabra Inkberry Ilex x meserveae Blue Holly Juniperus chinensis Chinese juniper Juniperus horizontalis Creeping juniper Juniperus procumbens Japgarden juniper Pinus mugo var. mugo Mugo Pine Rhododendron species Rhododendron Taxus media Dense yew ORNAMENTAL GRASSES: Botanical Name Common Name Calamagrostis species Feather reed grass species 372461_2 Village Board Meeting - December 6, 2016 Page 528 of 578 Miscanthus species Maiden grass species Panicum species Switch grass species Pennisetum setaceum Fountain grass PERENNIAL PLANTS: Botanical Name Common Name Astilbe species Perennial false spiraea varieties Buddleia davidii Butterfly bush Chrysanthemum species Garden mum and daisy varieties Coreopsis species Tickseed varieties Dicentra species Bleeding heart varieties Echinacea species Coneflower varieties Hemerocallis species Daylily varieties Heuchera species Coral bells varieties Hosta species Plantain lily varieties Iris species Iris varieties Penstemon digitalis Beard tongue Peonia species Peony varieties Perovskia species Russian sage Rudbeckia species Coneflower varieties GROUNDCOVER PLANTS: Botanical Name Common Name Ajuga reptans Ajuga Arctostaphylos uva-ursi Bearberry or kinnikinnick 372461_2 Village Board Meeting - December 6, 2016 Page 529 of 578 Asarum europaeum European wild ginger Bergenia cordifolia Pigsqueak or heart -leaf bergenia Carex morrowii Ice dance Japanese sedge Euonymous fortunei Japanese winter creeper Hedera helix English ivy Helleborus orientalis Lenten -rose Heuchera species Coralbells Iberis sempervirens Candytuft Juniper communis var. repanda Creeping juniper Juniper procumbens Dwarf japanese garden juniper Liriope spicata Creeping lily -turf Mahonia repens Creeping mahonia Microbiota decussate Siberian cypress Pachysandra procumbens Allegheny pachysandra Pachysandra terminalis Japanese pachysandra Parthenocissus quinquefolia Virginia creeper Parthenocissus tricuspidata Boston ivy Paxistima canbyi Cliff -green Polystichum acrostichoides Christmas fern Sedum species Sedum Thymus serpyllum Creeping thyme Vinca minor Common periwinkle Waldsteinia ternata Barren strawberry 372461_2 Village Board Meeting - December 6, 2016 Page 530 of 578 SECTION 12: Section 14.2401 "Purpose" to Article XXIV "Definitions" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be removed in its entirety and shall be replaced in its entirety as follows: 14.2401: PURPOSE: In the construction of this chapter, the definitions contained in this article shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions and rules of word use shall apply. Words contained in this chapter and not defined hereinafter, shall assume definitions as prescribed in Webster's unabridged dictionary (1979 edition). ABUTTING: Having a common border with, or being separated from such a common border by a right of way, alley or easement. ACCESSORY STRUCTURE: A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of a principal structure. Said structures may include, but are not limited to, garages and sheds, as further defined by this code. ACCESSORY USE: A use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary, incidental and subordinate to the conduct of the principal use. ALLEY: A public or private way permanently reserved as a secondary means of access to abutting properties. AMATEUR RADIO: The use of designated radio frequencies for purposes of private, noncommercial 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". AMUSEMENT DEVICE: Any machine, game, table or device which is designed, intended or used as a test of skill and may be operated by the public upon insertion of coin, or token, or the use of which is made available for any viable consideration and is operated by the manipulation of buttons, dials, trigger devices or electrical impulses. ANTENNA: A system of wires, poles, rods, reflecting disk, or similar devices used for the transmission or reception of electromagnetic rays, external to or attached to the exterior of any structure. 372461_2 Village Board Meeting - December 6, 2016 Page 531 of 578 ANTENNA, WIRELESS SERVICE: The surface from which wireless radio signals are sent and received by a personal wireless service facility. "Antenna" should not be used as a synonym for "cell site". APPLICANT: Refer to section 15.202 of this code. APRON: Refer to section 16.202 of this code. ARBOR: A latticework bower or archway supported by three or more non-linear posts, typically intertwined with climbing vines and flowers. 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. AUTOMOBILE GARAGE: A business establishment which shall include major repair of motor vehicles, including the rebuilding of engines, or major reconditioning or reconstruction of worn or damaged motor vehicles or parts thereof, body, frame or fender straightening, or reconstruction and painting of vehicles or parts thereof. AUTOMOBILE MAINTENANCE AND SERVICE CENTER: A business establishment which shall include incidental or minor repair of motor vehicles, including the replacement of worn or damaged parts in minor motor or tune up services, but not including the sale of gasoline products or any operation included within the definition of "automobile garage". AWNING: A rooflike structure made of cloth which projects from a building for the purpose of shielding a doorway or window from the elements. BASEMENT: Refer to section 21.501 of this code. BEAUTY SHOP: A business establishment where cosmetology services are provided. This includes, but is not limited to, hair, nail, and skin care, and other spa services not including massage therapy. BENCH MARK: Refer to section 16.202 of this code. BLOCK: A tract of land bounded by streets, or combination of streets and public parks, cemeteries, railroad rights of way, waterway shorelines, or boundary lines of municipalities. BUILDING: Refer to section 21.501 of this code. BUILDING, EXISTING: Any structure erected prior to the adoption of the appropriate code, or one for which a legal building permit has been issued. 372461_2 Village Board Meeting - December 6, 2016 Page 532 of 578 BUILDING LINE (Also Referred To As BUILDING SETBACK LINE): The line established by law, beyond which a building shall not be erected or extend, except as specifically provided by law. BUILDING, PRINCIPAL: The primary structure or building located on the lot which houses the permitted use or conditional use within the zoning district. 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. CERTIFICATE OF COMPLETION: Refer to section 15.202 of this code. CERTIFICATE OF OCCUPANCY: Refer to section 15.202 of this code. COLLOCATION: The use of a single mount on the ground by more than one carrier (vertical collocation) and/or several mounts on an existing building by more than one carrier. COMMERCIAL/BUSINESS SCHOOL: An establishment which offers specific courses of classroom instruction, for profit, to the general public, in business, trade, industry or other trained skills; but does not offer academic instruction equivalent to the standards prescribed by the school code of Illinois. COMMERCIAL TRAILER: Any trailer: a) carrying work equipment such as ladders, snowplows, hand or mechanical tools; b) carrying work machinery on or affixed to the outside of the trailer; c) containing a refrigeration unit or other motorized compressor; or d) being used for storage shall be considered commercial trailers. None of the following shall be considered a commercial trailer: a) a recreation trailer that is not included in the above categories; and b) Mount Prospect police or fire trailers. COMMERCIAL VEHICLE: Any vehicle with a class designation other than passenger, or trailer carrying work equipment such as ladders, snowplows, hand or mechanical tools, or machinery on the outside of the vehicle or trailer; any vehicle or trailer containing a refrigeration unit or other motorized compressor, not including air conditioner units used for the comfort of the driver and passengers; or any vehicle or trailer containing a name, logo, or any other signage for any business enterprise visible from the outside of the vehicle; or any vehicle used for public transportation purposes capable of carrying more than seven (7) persons, excluding vehicles used as commuter vans as defined by the Illinois motor vehicle code. Government police and fire vehicles falling within the size criteria set forth in this chapter, pickup trucks with class B designation, passenger vans with class B designation, and recreation vehicles not fitting within the above criteria shall not be considered commercial vehicles. COMMON OPEN SPACE: A parcel or parcels of land intended to provide light and air, and 372461_2 Village Board Meeting - December 6, 2016 Page 533 of 578 designed and intended for the common use or enjoyment of the residents or occupants of the development. COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis, or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. COMPREHENSIVE PLAN: The plan for the long range growth and development of the village including graphic and written proposals and supporting or implementing documents, as are adopted and amended from time to time. CONDITIONAL USE: A use that, owing to some unique characteristics attendant to its operation or installation, is permitted in a district subject to approval of the village board, and subject to special requirements, different from those usual requirements for the zoning district in which the conditional use may be located. CONTROL OR OWNERSHIP: Any person, agent, firm or corporation having a legal or equitable interest in the property or having the legal authority to act on behalf of all owners, which shall be evidenced by deed, contract or other written guarantee. CUL-DE-SAC: A local street, one end of which is closed and consists of a circular turnaround. DAMAGE: Any direct loss of property by fire, windstorm, flooding or act of God. DAYCARE CENTER: A nonfamily home that regularly provides daycare for less than twenty four (24) hours per day for more than three (3) children. Daycare centers shall meet all applicable village, county and state regulations. DAYCARE HOME: A family home which receives more than three (3) and up to a maximum of twelve (12) children for less than twenty four (24) hours per day, provided the mix of the children's ages does not require an assistant pursuant to the Illinois department of children and family services' licensing standards for daycare homes. The maximum of twelve (12) children includes the family's natural, foster or adopted children and all other persons under the age of twelve (12). Daycare homes shall meet all applicable village, county and state regulations. DENSITY: The number of dwelling units permitted per acre of land excluding land area occupied by public or private streets. DETENTION: Refer to section 15.202 of this code. DEVELOPMENT: Refer to subsection 15.1036 of this code. 372461_2 Village Board Meeting - December 6, 2016 Page 534 of 578 DEVELOPMENT SCHEDULE: Refer to section 15.202 of this code. DEVELOPMENTAL DISABILITY: A disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or similar physical or mental conditions which are manifested in the early stages of life and expected to continue indefinitely. DIRECTOR: The "director of community development" as defined in section 15.202 of this code. DONATION BOX: An outdoor container or receptacle used for collecting donated household items such as clothing, shoes, and books. DRIVE-IN RESTAURANT AND DRIVE-IN FOOD ESTABLISHMENT: A food service establishment with or without interior facilities for eating which caters to and permits the consumption of food either in customers' automobiles parked on the premises, or in any other designated area on the premises, outside the establishment where the food is prepared. DWELLING: A building, or portion thereof designed or used exclusively for residential occupancy. Not included are hotels, motels, rooming, boarding or lodging houses. Multiple -Family: A building, or portion thereof consisting of three (3) or more dwelling units. Single -Family, Attached: A building, structure or portion thereof containing three (3) or more attached single-family dwellings where the units are primarily connected horizontally. Single -Family, Detached: A building containing a single dwelling unit only, which is separated from all other dwellings by open space. Two -Family: A building consisting of two (2) dwelling units which have been attached. DWELLING UNIT: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate bathroom and facilities for cooking and sleeping. EASEMENT: Refer to section 15.202 of this code. FAMILY: One or more persons related by blood, marriage or adoption or a group of not more than five (5) persons not so related, maintaining a common household in a dwelling unit. FAMILY COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of no more than eight (8) unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. FAMILY HOME: The location, or portion of the location, where the person to be licensed as the primary caregiver in the daycare home resides and is domiciled. 372461_2 Village Board Meeting - December 6, 2016 Page 535 of 578 FENCE, AREA: A fence located immediately adjacent to a permitted patio, deck or similar accessory structure. FENCE, OPEN: A fence, including gates, designed and constructed with at least fifty percent (50%) of its surface area as open space of uniform distribution, when viewed from a right angle. FENCE, PERIMETER: A fence located on or within six inches (6") of a property line. FENCE, SOLID: A fence, including gates, designed and constructed with greater than fifty percent (50%) of its surface area as opaque material of uniform distribution, when viewed from a right angle. FENCE/WALL: 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. FLOOR AREA: The sum of the gross horizontal area of all floors of a building, including principal and solid -roofed accessory structures as measured from the exterior footprint. Floor area shall exclude: A. Areas used for storage of building, mechanical and HVAC equipment; B. Basements in single-family dwellings with a ceiling height less than three feet (3') as measured from the finished grade; C. Attic spaces in single-family dwellings with a ceiling height less than seven feet (7'); D. Unenclosed porches, stoops, and canopies, as defined in this chapter; 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. FLOOR AREA RATIO (FAR): Determined by dividing the number of square feet of floor area in all buildings on a lot by the square feet of area of that lot. FREE AND UNLIMITED PHYSICAL ACCESS: The existence of at least one unobstructed passageway from the second housekeeping unit to the entire remainder of the dwelling unit. To conform to this definition, the passageway may have a door, but the door shall not have any locking mechanism of any kind whether the lock is used or not. The passageway shall clearly permit all persons on the premises to have access to the entirety of the premises. A lock on a separate bedroom door within the second housekeeping unit shall be permitted pursuant to this definition. FRONTAGE: The narrowest portion of a lot or parcel which abuts a public street. FULL CUTOFF FIXTURE: A luminaire, or light fixture, that allows no emission of light above horizontal. 372461_2 Village Board Meeting - December 6, 2016 Page 536 of 578 GARAGE: A structure designed to house motor vehicles and to store items and equipment necessary to maintain and keep up the primary structure and the property that it is located upon. GAZEBO: A freestanding roofed structure that is at least twenty five percent (25%) open sided and is designed for recreational use. GLARE: Light emitting from a luminaire that causes reduced vision or momentary blindness. GRADE: Refer to section 16.202 of this code. GREENHOUSE: A structure constructed primarily of glass or other translucent material which is devoted to the protection or cultivation of flowers or other plants. GROUP COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of nine (9) to fifteen (15) unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. GUARANTEE: A form of security, including cash escrow, letter of credit, or surety bond, acceptable by the village to assure that required improvements are completed, operating properly and/or adequately maintained. GUYED TOWER: A monopole or lattice tower that is tied to the ground or other surface by diagonal cables. HARDSHIP: A practical difficulty in meeting the requirements of this chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances. HEIGHT, BUILDING: Refer to section 21.501 of this code. HEIGHT, FENCE: The vertical distance as measured from grade level to the highest point of the fence, excluding the required drainage separation area as further defined in this chapter. HOME OCCUPATION: An accessory use conducted completely within a dwelling unit and clearly incidental and secondary to the use of the dwelling for residential purposes. No home occupation or part of any home occupation shall be conducted in a garage. A home occupation may include a for profit home business or a home office for a resident who may work for another employer, or contract or consult with another company or individual. Any home occupation or home business is subject to the appropriate standards of this chapter. HOTEL/MOTEL/MOTOR INN: 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 maid service, linen service, telephone and desk service, and the use and upkeep of furniture. Said establishments shall exclude boarding or lodging houses, and apartment hotels. IMPERVIOUS SURFACE: Refer to section 16.202 of this code. 372461_2 Village Board Meeting - December 6, 2016 Page 537 of 578 IMPROVEMENT, PRIVATE: Refer to section 15.202 of this code. IMPROVEMENT, PUBLIC: Refer to section 15.202 of this code. IMPROVEMENTS: Refer to section 15.202 of this code. KITCHEN UNIT: Refer to section 21.501 of this code. LATTICE TOWER: A ground mounted structure that is self-supporting with multiple legs and cross bracing of structural steel. LIGHT TRESPASS: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. LOT AREA: The horizontal area within the lot lines of a lot, measured in feet. LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection. LOT DEPTH: The average horizontal distance, measured in feet, between the front and rear lot lines. The distance shall be measured from the midpoint of the front lot line to the midpoint of the rear lot line. LOT, FLAG: A lot with access provided to the bulk of the lot by means of a narrow corridor. LOT, INTERIOR: A lot other than a corner lot. LOT LINE: A recorded property boundary line of any single lot which divides one lot from another lot or from a right of way. LOT LINE, EXTERIOR: A recorded property boundary line which divides a lot from a road right of way. LOT LINE, FRONT: A recorded property boundary line separating the front yard from a road right of way. LOT LINE, INTERIOR: A recorded property boundary line which divides one lot from another lot. LOT LINE, REAR: A recorded property line boundary that does not intersect a front lot line and is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line. LOT LINE, SIDE: Any recorded property boundary line other than a front or rear lot line. LOT OF RECORD: A designated parcel of land identifiable as a single separate tract which is part of a subdivision, the plat or deed of which has been recorded or registered with the appropriate county office or the deed to which has been recorded or registered with the appropriate county office pursuant to 765 Illinois Compiled Statutes 205, and which is intended to be used, developed or built upon as a unit. LOT, THROUGH: Any interior lot which has a pair of lot lines along two (2) substantially parallel 372461_2 Village Board Meeting - December 6, 2016 Page 538 of 578 streets. LOT, UNIMPROVED: Any lot or tract of land which is unoccupied by any building or aboveground structure and upon which no construction has commenced. LOT WIDTH: The horizontal distance between side lot lines, measured in feet, at the required front setback line. LOT, ZONING: A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. The single tract of land may or may not coincide with a lot of record. LUMINAIRE: A complete lighting unit consisting of the lamp or lamps and ballast(s) together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. 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. MASSAGE ESTABLISHMENT: Refer to section 11.3901 of this code. MI NIWAREHOUSE: A storage or warehousing service within a building for individuals to store personal effects and for businesses to store materials for operation of an industrial or commercial enterprise elsewhere. But in no case may storage spaces in a miniwarehouse facility function as an independent retail, wholesale, business or service use. Spaces may not be used for workshops, hobby shops, manufacturing or similar uses. Human occupancy is limited to that required to transport, arrange and maintain store materials. MONOPOLE: A type of ground mounted structure that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top. Vertical collocations often have arrays at intermediate positions on the monopole. 372461_2 Village Board Meeting - December 6, 2016 Page 539 of 578 OUTDOOR STORAGE CABINET: A structure similar to but smaller than a shed, made from prefabricated panels or purchased fully assembled, used to protect household goods from the elements. OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property. PARK: An area open to the general public and reserved for recreational, educational, cultural, or scenic purposes. PARK, COMMUNITY: A park by size, program, and location which provides space and recreation activities for a defined service area or a significant geographic segment of the community. Such facilities may provide both outdoor and indoor recreational areas including open space, athletic fields, public pools, community centers, recreational centers, or similar uses and their related off street parking facilities. PARK, NEIGHBORHOOD: A park by size, program, and location which provides space and recreation activities for residents and businesses located within a one mile radius. Such facilities shall be limited to primarily outdoor recreation areas including open space, athletic fields, tot lots, public pools, or similar uses. PARKING LOT: Refer to section 15.202 of this code PARKING PAD: An open, paved area used by the owner or tenant of a residential property to store automobiles, motorcycles, trucks, vans, recreational vehicle trailers and recreational vehicles, with primary access from a driveway. PARKWAY: Refer to section 15.202 of this code. PERGOLA: A freestanding, open roofed structure that is open to the elements, consisting of columns supporting girders and cross rafters upon which vines and other climbing plants may grow. PERSONAL WIRELESS SERVICE FACILITY: The plant, equipment and property, including, but not limited to: cables, wires, conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services, as further defined in the telecommunications act. A personal wireless service facility is the appropriate term for "cell site" in ordinances and other official documents. PERSONAL WIRELESS SERVICES: Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services. PETITIONER: Any person filing for any variation, conditional use permit, zoning amendment and/or appeal, change in the comprehensive plan and/or subdivision. PLANNED UNIT DEVELOPMENT: A parcel of land, or contiguous parcels of land of a size sufficient to create its own character which is planned and developed as a single entity, containing two (2) or more principal structures or uses, with appurtenant common areas and which is under single ownership or control. The plan does not necessarily correspond in lot size, 372461_2 Village Board Meeting - December 6, 2016 Page 540 of 578 bulk, type of dwelling, use, lot coverage or required open space to the site's designated zoning district classification. The site may be planned and developed as a whole in a single development operation or in planned development stages. PLANNING AND ZONING COMMISSION: Refer to section 15.202 of this code. PLAT: Refer to section 15.202 of this code. PLAT, FINAL: Refer to section 15.202 of this code. PLAT OF SURVEY: Refer to section 15.202 of this code. PRINCIPAL BUILDING: A building or buildings in which the primary use on a lot on which the structure(s) is located is conducted. PRINCIPAL USE: The main use of land or structures, as distinguished from a secondary or accessory use. PUBLIC UTILITY: Refer to section 15.202 of this code. PUBLICLY NAVIGABLE WATERS: Refer to section 22.102 of this code. RECREATION CENTER: A building, buildings, or use of land operated on a profit basis, with or without membership requirements, for the provision of entertainment, sport, or health/exercise facilities directly to the consumer; including, and limited to, racquet facilities, swimming pool, exercise and weightlifting facilities, basketball courts, jogging track, sauna, whirlpool, suntan booth and accessory uses. RECREATIONAL EQUIPMENT: Every vehicle or other transportation equipment designed to be used primarily for recreational purposes, including, but not limited to, the following: Boat: Any vessel used for water travel. A trailer upon which a boat is mounted shall be deemed to be a boat for purposes of this chapter and when such a boat is maintained on a trailer the two (2) shall be considered as one vehicle. Camping Trailer: A trailer constructed with partial side walls which fold for towing and unfold to provide temporary living quarters for recreational camping or travel use and of a size or weight not requiring an oversize permit when towed on a highway. Motor Home, Mini -Motor Home Or Van Camper: A self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk-through access to the living quarters from the driver's seat. Such vehicles must include at least four (4) of the following: A cooking facility with an onboard fuel source; A gas or electric refrigerator; A toilet with exterior evacuation; A heating or air conditioning system with an onboard power or fuel source separate from the 372461_2 Village Board Meeting - December 6, 2016 Page 541 of 578 vehicle engine; or A potable water supply system that includes at least a sink, faucet, and a water tank with an exterior service supply connection. Off The Road Vehicle: A vehicle intended principally for recreational off road use, such as a dune buggy, go-cart, ATV or snowmobile. Racing Car Or Cycle: A vehicle intended to be used in racing competition, such as a racecar, stock car or racing cycle. Travel Trailer: A trailer designed to provide living quarters for recreational, camping or travel use, and of a size or weight not requiring an oversize permit when towed on a highway. Truck Camper: A truck, not used commercially, when equipped with a portable unit designed to be loaded onto the bed which is constructed to provide temporary living quarters for recreational, travel or camping use. Vehicle Trailer: A vehicle without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. Other Recreational Equipment: Other wheeled items which are designed for recreational use but do not meet the exact definitions of items defined herein. RECREATIONAL VEHICLE TRAILER: A vehicle with or without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle, or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. REHABILITATION HOME: Any residential facility located in a dwelling, under federal, state or municipal licensing, which provides a home environment with room and board and recreational personal counseling or other rehabilitative services, generally of nonmedical nature, to not more than twenty five (25) individuals who require specialized assistance in order to achieve personal independence. A rehabilitation home is limited to mentally ill, chemically dependent, or alcohol dependent individuals and abused individuals. RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research investigation, testing or experimentation, development or research of products or of new and emerging technology, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory or as otherwise permitted in this chapter. RESIDENTIAL CARE HOME: Any residential facility which under state or municipal licensing, provides a home environment with services or treatment to persons with certain physical, mental, or social disabilities while functioning as a single unit. A residential care home shall include the following: family care home, group care home, and rehabilitation home. 372461_2 Village Board Meeting - December 6, 2016 Page 542 of 578 RESUBDIVISION: The division or consolidation of a previously divided lot or parcel; including alteration of public rights of way, easements and other changes of the subdivision. RETAIL ESTABLISHMENT: Any building or use where the primary occupation is the sale of merchandise and services directly to and for use by consumers, except not institutional, commercial and industrial consumers or for resale. RETAINING WALL: A freestanding structure designed and constructed to support a mass of earth or resist lateral earth pressures. RETENTION (WET BOTTOM): Refer to section 15.202 of this code. RIGHT OF WAY: Refer to section 15.202 of this code. SENIOR HOUSING: Housing in which all dwelling units are intended, designed, maintained, and operated exclusively for occupancy by persons sixty two (62) years of age or older. SHED: Small accessory building, larger than an Outdoor Storage Cabinet, whether or not placed on a permanent foundation, that is designed to store household items and equipment necessary to maintain and keep up the primary structure and the property that it is located upon. SHOPPING CENTER: A business development containing four (4) or more indoor retail stores, connected by party walls, developed under one ownership, with an integrated building arrangement having an aggregate floor area of more than twenty thousand (20,000) square feet, which developed with its off street accessory parking facilities shall be considered as a single unit. Shopping centers shall include all retail sales and service facilities except drive-in and/or automotive sales and service. SHOPPING CENTER, REGIONAL: A business development containing ten (10) or more indoor retail stores connected by party walls and developed under one ownership, with an integrated building arrangement, having an aggregate floor area of more than one hundred thousand (100,000) square feet and located on a lot at least twenty (20) acres in size with off street accessory parking facilities. The development shall be considered as a single unit. 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. SITE PLAN: Refer to section 15.202 of this code. SOLAR ENERGY CONVERSION SYSTEM: A solar photovoltaic device that converts solar energy into electricity or mechanical energy that can be used to power machinery, appliances, 372461_2 Village Board Meeting - December 6, 2016 Page 543 of 578 or generators. STOOP: A platform at the entrance to a building with a maximum dimension of eight feet (8') in width and five feet (5') in depth. STREET: Refer to section 15.202 of this code. STRUCTURAL ALTERATIONS: Any change in the supporting members of a structure, including bearing walls, columns, beams and/or girders. STRUCTURE: Refer to section 15.202 of this code. STRUCTURE MOUNTED ANTENNA: A structure mounted antenna is typically located on structures such as streetlights, traffic lights, water towers, utility poles and sides and roofs of buildings. STRUCTURE, TEMPORARY: Any structure that is not permanently located, placed, or affixed in the place where it is or where it is intended to be placed. SUBDIVISION: Refer to subsection 15.103A of this code. TAVERN: For purposes of the zoning ordinance only, a tavern is a building or portion of a building where alcoholic beverages are sold to be consumed on the premises. Such facilities would not include restaurants where the principal business is serving food. TERRACE: A landscape treatment of mounded earth, rock wall, railroad tie wall, or other retaining device used to modify steep grade differences on a lot. A terrace shall not include a patio or deck surface. THEATER: Any building or structure designed for the enactment of dramatic or of musical performances and/or showing of motion pictures with audience seating and open to the general public without age restrictions. A dinner theater shall be deemed a restaurant. TRELLIS: A decorative feature, linearly constructed of latticed or patterned materials, often used to support climbing plants, that is no more than 25% opaque. Temporary trellises used to support seasonal plants, such as tomato cages or bean pole frames, shall not be considered trellises for the purposes of the regulations outlined in Section 14.319 of this chapter. TRUCK TERMINAL: Either end of a carrier line or junction joint with other lines having classifying yards or dock facilities, management offices, storage sheds and freight and passenger stations for state licensed trucks. UNENCLOSED PORCH: A roofed, open structure, without walls, screens, or windows, attached to and part of a structure, with direct access to and from the structure. UNIFORMITY RATIO: The average or maximum level of illumination in relation to the lowest 372461_2 Village Board Meeting - December 6, 2016 Page 544 of 578 level of illumination for a given area. 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. UNPERMITTED SECOND HOUSEKEEPING UNIT: Any living quarters, located in a single- family residential zoning district that: A. Is within the walls of another dwelling unit or physically connected to a detached single- family home; and B. Contains its own kitchen unit that is in addition to the main kitchen unit in the residence; and C. Does not have free and unlimited physical access to the remainder of the dwelling unit. UNIQUE USE: A use not listed as a permitted use, special use or conditional use within any zoning district. USE: Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied. Also, any activity, occupation, business or operation carried on, or intended to be carried on, in or on a structure or on a tract of land. VARIATION: A dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property which, because of unusual or unique circumstances, is denied by this code. VEHICLE TRAILER: A wheeled vehicle, including a recreational vehicle trailer, without its own motor power, that is designed to transport any material, object or objects and that is designed so that it is eligible to be licensed or registered for highway use. VILLAGE: The village of Mount Prospect. VILLAGE MANAGER: Refer to section 15.202 of this code WAREHOUSE, STORAGE: A business that receives and stores goods of others for compensation or profit. WHIP ANTENNA: A thin rod that beams and receives a signal in all directions. WHOLESALE ESTABLISHMENT: Any building, business or use where the primary occupation is the sale of merchandise in gross for resale to the retail dealers and/or use or resale of merchandise by institutional, commercial, and/or industrial businesses. WIND ENERGY CONVERSION SYSTEM: An apparatus for converting the energy available in the wind to electricity or mechanical energy that can be used to power machinery, appliances, or generators. YARD: The required minimum open space on a lot between a lot line and building setback line 372461_2 Village Board Meeting - December 6, 2016 Page 545 of 578 which is unoccupied and unobstructed from grade upward, except as provided in the general provisions of this chapter. Exterior Side: A side yard abutting a street. Front: A yard extending along the full width of the front lot line between the side lot lines and the front building setback line. Interior Side: A side yard adjacent to another lot or tract of land. Rear: A yard extending along the full width of the rear lot line between the side lot lines and the rear building setback line. Side: A yard extending along the side lot line from the front yard to the rear yard and measured between the side lot and building setback line of the property. ZONE: A mapped area of the village of Mount Prospect, exclusive of streets, alleys and other public ways, within which certain uses of land, premises and buildings are permitted when constructed and used in accordance with this code. (Ord. 5253, 5-21-2002; amd. Ord. 5290, 11- 19-2002; Ord. 5304, 2-4-2003; Ord. 5380, 11-4-2003; Ord. 5426, 4-20-2004; Ord. 5751, 8-4- 2009; Ord. 6112, 12-17-2013; Ord. 6147, 7-15-2014) SECTION 13: Article II "Rules and Definitions" to Chapter 15 "Subdivision, Development and Site Improvement Procedures" to the Mount Prospect Village Code shall be removed in its entirety and shall be replaced in its entirety as follows: 15.201: RULES: The following rules of construction apply to the text of this chapter: A. Words used in the present tense shall include the future, and the words used in the singular number shall include the plural number, and the plural the singular. B. The word "shall" is mandatory and not discretionary. C. The word "may" is permissive. D. The word "person" includes an individual, partnership, firm, corporation, association, or other legal entity. E. In the case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control. F. Terms not herein defined shall have the meanings customarily assigned to them, or, if questioned, as defined in Webster's unabridged dictionary. (Ord. 5253, 5-21-2002) 15.202: DEFINITIONS: 372461_2 Village Board Meeting - December 6, 2016 Page 546 of 578 The following definitions shall apply in the interpretations and enforcement of this chapter ABUTTING: Having a common border with, or being separated from such a common border by a right of way, alley or easement. ADMINISTRATIVE SUBDIVISION: A subdivision that may be approved by the director of community development and does not require a public meeting before the planning and zoning commission or approval by the board of trustees. ALLEY: A public or private way permanently reserved as a secondary means of access to abutting properties. APPLICANT: The property owner or his/her authorized representative proposing that a parcel of land be subdivided, developed, rezoned, and/or receive approval for a conditional use, text amendment, exception, variation or change in the comprehensive plan. BLOCK: Refer to section 14.2401 of this code. BUILDING: Refer to section 21.501 of this code BUILDING DIVISION: The building division of the department of community development BUILDING PERMIT: A permit issued by the village of Mount Prospect for the construction of any building, development, site improvement or maintenance. BUILDING SETBACK LINE: See definition of Building Line in section 14.2401 of this code. CCHD: The Cook County highway department. CERTIFICATE OF COMPLETION: The certificate issued by the director of community development which permits the use site construction (excluding construction of a new building), or of minor remodeling of an occupied building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit. CERTIFICATE OF OCCUPANCY: The certificate issued by the director of community development which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit. CHARITABLE ORGANIZATION: Any not for profit corporation, association or foundation organized and operated exclusively for charitable purposes that qualifies for tax exemption status under section 501(c)(3) of the internal revenue code. COMPREHENSIVE PLAN: Refer to section 14.2401 of this code CONTROL OR OWNERSHIP: Any person, agent, firm or corporation having a legal or equitable interest in the property or having the legal authority to act on behalf of all owners, which shall be 372461_2 Village Board Meeting - December 6, 2016 Page 547 of 578 evidenced by deed, contract or other written guarantee. CUMULATIVE: The summation of work performed since this ordinance became effective. DAMAGE: Any direct loss of property by fire, windstorm, flooding, vandalism, accident or act of God. DEDICATION: A plat that designates an area of land for public uses. DENSITY: Refer to section 14.2401 of this code. DEPARTMENT OF COMMUNITY DEVELOPMENT: The department of community development of the village of Mount Prospect. DEPARTMENT OF FINANCE: The department of finance of the village of Mount Prospect. DEPARTMENT OF PUBLIC WORKS: The department of public works of the village of Mount Prospect. DETENTION (DRY STORAGE): The temporary on site storage of stormwater runoff, which does not include any permanent water surface. DEVELOPMENT: Refer to subsection 15.103B of this chapter. DEVELOPMENT CODE: The "village of Mount Prospect development code" including this chapter and chapters 14 and 16 of this code. DEVELOPMENT PLAN: The documentation, both written and diagrammatic, which sets forth the improvements proposed for any given or proposed subdivision or resubdivision. DEVELOPMENT REGULATIONS: Those regulations pertaining to development. Refer to section 15.401 of this chapter. DEVELOPMENT SCHEDULE: A specific construction program detailing the phases, stages and timing of a construction project. DIRECTOR OF COMMUNITY DEVELOPMENT: The director of community development of the village of Mount Prospect, or the director's duly authorized agent(s). DIRECTOR OF FINANCE: The director of finance of the village of Mount Prospect, or the director's duly authorized agent(s). DIRECTOR OF PUBLIC WORKS: The director of public works of the village of Mount Prospect, or the director's duly authorized agent(s). DRIVE AISLE: That portion of a parking lot used for the movement of vehicles. DRIVE AISLE APRON: That portion of a drive aisle located in a public right of way. DRIVEWAY: A paved surface used for access to a single-family residential property from the public right of way. 372461_2 Village Board Meeting - December 6, 2016 Page 548 of 578 DRIVEWAY APRON: That portion of a driveway located in the public right of way. DWELLING: A building, or portion thereof, designed or used exclusively for residential occupancy. Not included are hotels, motels, rooming, boarding or lodging houses. EASEMENT: An authorization or grant by the property owner of one or more of the property rights for the use by another person or entity for a specific purpose. EXCEPTION: A dispensation permitted as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property which, because of unusual or unique circumstances, is denied by this code. FIRE CHIEF: The fire chief of the village of Mount Prospect or the fire chiefs duly authorized agent(s). FRONTAGE: The narrowest portion of a lot or parcel which abuts a public street. GUARANTEE: A form of security, including cash escrow, letter of credit, or similar instrument acceptable by the village to assure that required improvements are completed, operating properly, or adequately maintained. HARDSHIP: A practical difficulty in meeting the requirements of this chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances. IDOT: The Illinois department of transportation. IMPROVEMENT REGULATIONS: Those regulations pertaining to improvements to a property. Refer to this chapter. IMPROVEMENTS: Any building, structure, object or change to the natural state of the land on which they are situated which increases its utility, value, or habitability. Private: Any such improvement for which the responsibility of ownership and maintenance will be retained by the property owner, lessee, or association of owners. Public: Any such improvement for which the responsibility of ownership and maintenance will be assumed by the village, another governmental unit, or a public utility, or which is constructed for general public use or benefit. INSTITUTIONAL: Any public or private school, library, hospital, church, or any other place of public assembly. LOCAL GOVERNMENTAL BODY: Any of the following governmental bodies: county, township, municipality, municipal corporation, school district, forest preserve district, park district, fire protection district, sanitary district, library systems and all other local governmental bodies. LOT, CORNER: Refer to section 14.2401 of this code. 372461_2 Village Board Meeting - December 6, 2016 Page 549 of 578 LOT DEPTH: Refer to section 14.2401 of this code. LOT, FLAG: Refer to section 14.2401 of this code. LOT, INTERIOR: Refer to section 14.2401 of this code. LOT LINE: Refer to section 14.2401 of this code. LOT (LOT OF RECORD): Refer to section 14.2401 of this code. LOT, THROUGH: Refer to section 14.2401 of this code. LOT, UNIMPROVED: Refer to section 14.2401 of this code. LOT WIDTH: Refer to section 14.2401 of this code. MWRD: Metropolitan water reclamation district of greater Chicago. MAINTENANCE: Refer to subsection 15.103D of this chapter. NET ACRE: The total land area remaining on a development site after all rights of way are dedicated. NONPROFIT ORGANIZATION: An organization subject to and organized under the Illinois general not for profit corporation act of 1986, for any one or more of the following or similar purposes: charitable, benevolent, educational, civic, patriotic, religious, social, athletic, or scientific. OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property. PARK: Refer to section 14.2401 of this code. PARKING LOT: An open area other than a street or public way, used for the storage of first division motor vehicles as defined in Chapter 18 of the Village Code, for limited periods of time. Such storage may be free, for compensation, or as an accessory use for customers and employees of a business, or residents and guests of a multi -family development. Parking Lots with storage of second division motor vehicles may occur as accessory uses only, when such storage is directly associated with the principal use. Parking lots by definition shall include drive aisles immediately accessing parking stalls. PARKWAY: That part of the public right of way not occupied by the street pavement and located between the back of the curb, or edge of pavement on streets with no curbs, and the right of way line, as well as the raised dividing strip of a roadway. (Where a sidewalk exists, the right of way line is often, but not always, 1 foot behind the sidewalk.) The exact location of the right of 372461_2 Village Board Meeting - December 6, 2016 Page 550 of 578 way line shall be as indicated on a plat of survey. PLANNED UNIT DEVELOPMENT: Refer to section 14.2401 of this code. PLANNING AND ZONING COMMISSION: The commission of appointed officials authorized by the village board to review subdivision plats and associated code exception requests from this chapter and chapters 14 and 16 of this code, and other duties assigned by the village board. PLAT: A map or chart of a parcel(s) of land. Final Plat: A map of all or part of a subdivision or resubdivision and any supporting documentation, providing substantial conformance with the engineering and site plans. Plat Of Survey: A map of a parcel or lot depicting boundaries of the property, and the location of all buildings, structures, and improvements with precise dimensions indicated. Preliminary Plat: A tentative map indicating the proposed layout and showing all required details of a subdivision. PUBLIC UTILITY: Any person(s), firm, corporation, municipality, or other public authority providing natural gas, electricity, water, telephone, telegraph, storm sewer, sanitary sewer, cable television, transportation, or other services of a similar nature. RESUBDIVISION: The division or consolidation of a previously divided lot or parcel, including alteration of public rights of way included in a subdivision. RETENTION (WET BOTTOM): The permanent on site storage of stormwater runoff. RIGHT OF WAY: A strip of land acquired by or dedicated to benefit the public and occupied or intended to be occupied by a street, walkway, railroad, public utility, parkway trees, or other similar use. SIGHT TRIANGLE: Refer to section 14.2401 of this code. SITE PLAN: A plan, prepared to scale, showing accurately, and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses, parking, landscaping, and principal site development features proposed for a specific parcel of land. STREET: An area which provides for vehicular and pedestrian access to abutting land or to other streets. A street includes the entire right of way and any improvements which may be located within the right of way. Streets may be classified as "arterial", "collector", or "local" as defined in section 18.133 of this code. Many arterial streets are also under the jurisdiction of IDOT or CCHD. These are listed below: Streets under IDOT jurisdiction: Algonquin Road (Route 62) Busse Road - Golf to Tollway (1-90) Central Road, except between Rand and Wolf Dempster Street - Redwood to Algonquin 372461_2 Village Board Meeting - December 6, 2016 Page 551 of 578 Golf Road (Route 58) Northwest Highway (Route 14) Oakton Street Rand Road (Route 12) River Road Route 83 Streets under CCHD jurisdiction: Busse Road - Central to Golf Camp McDonald Road Dempster Street; except between Redwood and Algonquin Euclid Avenue Mount Prospect Road In addition, streets may fall under the following classifications Cul -De -Sac: A local street, one end of which is closed and consists of a circular turnaround or other village approved turnaround design. Frontage Road: A street parallel and adjacent to an arterial designed to provide direct access to abutting properties or local streets and with controlled access to the arterial. Private Street: For purposes of this chapter, a private street is defined as an undedicated street which is privately owned and maintained. Also see section 18.133 of this code. Public Street: A street which has been formally dedicated to and accepted by a public body. STRUCTURE: An object that can be built and is permanently located in or upon the land and/or permanently affixed to such an object. SUBDIVIDER: Any individual(s), firm, corporation, trust, or other legal entity having an interest in land that is the subject of a subdivision or resubdivision. SUBDIVISION: Refer to subsection 15.103A of this chapter. USE: Refer to section 14.2401 of this code. VILLAGE: The village of Mount Prospect, Cook County, Illinois. VILLAGE ENGINEER: The village engineer of the village of Mount Prospect, or other person designated by the director of public works. VILLAGE MANAGER: The village manager of the village of Mount Prospect, or the village manager's duly authorized agent(s). YARD: Refer to section 14.2401 of this code. 372461_2 Village Board Meeting - December 6, 2016 Page 552 of 578 ZONING ORDINANCE: Chapter 14 of the municipal code of the village of Mount Prospect, Illinois. (Ord. 5253, 5-21-2002; amd. Ord. 5426, 4-20-2004; Ord. 6206, 7-7-2015) SECTION 14: Section 15.305(D)(5) "Subdivision Standards" to Article III "Subdivision Procedures and Standards" to Chapter 15 "Subdivision, Development and Site Improvement Procedures" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: 5. No building, structure or other obstruction shall be constructed upon any easement, with the exception of accessory structures as set forth in sectiona 14.306 and 7 305 of this code. The director of community development may require that the applicant execute an indemnification/hold harmless agreement and provide written authorization from the applicable utility companies. (Ord. 5253, 5-21-2002; amd. Ord. 6113, 12-17-2013) SECTION 15: Section 16.304 "Pavement on Private Property" to Article III "Paving, Sidewalk, Curb and Gutter" to Chapter 16 "Site Construction Standards" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: 16.304: PAVEMENT ON PRIVATE PROPERTY: All construction on private property in a subdivision or development shall conform to the requirements stated herein. No private improvements may be considered for future acceptance by the village unless constructed in accordance with section 16.303 of this article. A. Parking Lots: 1. All parking lots shall be designed in conformance with chapter 14, article 22-XXII of this code. 2. All parking lot pavement shall be designed in conformance with: a. The minimum structural number for bituminous concrete pavement shall be 2.0 for parking stalls areas and a minimum structural number of 2.5 for aisles and fire lanes; b. The minimum thickness for concrete pavement shall be six inches (6") 3. Combination concrete curb and gutter type 136:12 or concrete barrier curb type B shall be constructed around the perimeter of all parking lots and around all islands within parking lots. 372461_2 Village Board Meeting - December 6, 2016 Page 553 of 578 4. Striping of the pavement surface to define each parking stall is required and shall be a minimum of four inches (4") wide for the length of the stall per specifications in Chapter 14, article XXII. All areas designated as fire lanes and/or "No Parking" shall be painted with yellow stripes. 5. Any location within parking lots intended for storage of trash containers shall be constructed of concrete rather than bituminous surface and shall be enclosed with an approved screen or enclosure. B. Private Streets: All streets that serve as access or frontage to subdivided lots shall be dedicated to the public unless specific approval is granted by the village board. When any private streets are constructed the following shall apply: 1. Design: Private streets shall conform to the requirements for public streets as stated in section 15.405 of this code regarding general layout and design and intersections and offsets. 2. Construction: Private streets shall conform to the requirements for public streets as stated in section 16.303 of this article regarding pavement design and specifications. 3. Sidewalks: Sidewalks shall be constructed along private streets and where necessary to provide access from parking areas to buildings. Sidewalks shall have a minimum clear width of five feet (5') where separated from the curb by a grass parkway of at least two feet (2') in width. Where the sidewalk abuts the back of a curb, or the grass parkway is less than two feet (2') wide, the sidewalk shall have a clear width of seven feet (7'). 4. Bike Paths: Whenever constructed, bike paths shall comply with the requirements stated in section 16.309 of this article. 5. Easements: Easements shall be required for any development in order to provide for placement of public utilities, protection of residential uses, continuity of waterways, and pedestrian access. Easements shall be located whenever necessary to ensure these objectives and shall be subject to the use, design, and location conditions stated in subsection 15.305 D of this code. (Ord. 5253, 5-21-2002) SECTION 16: Section 16.306 "Driveways" to Article III "Paving, Sidewalk, Curb and Gutter" to Chapter 16 "Site Construction Standards" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: 16.306: DRIVEWAYS: A. General: 1. Design: All driveway designs shall be consistent with the projected traffic volume, type of traffic, and type of roadway, and shall be subject to the review and approval of the village. All driveways shall meet the minimum standards of the zoning ordinance and this chapter. 372461_2 Village Board Meeting - December 6, 2016 Page 554 of 578 2. Distance And Number: Driveway access to arterials shall be kept to a minimum. Whenever possible adjacent uses shall share common driveway access to arterials. The minimum distance between driveways on arterials shall be three hundred feet (300'), unless otherwise permitted upon review by the director of community development and the director of public works. 3. Driveway Apron: It is the responsibility of the owner to properly maintain the driveway apron. 4. Use Of Wire Mesh: Wire mesh shall not be permitted in the public right of way. Wire mesh may be installed in a driveway on private property only. 5. Driveway Removal: Any driveway removal must include the stone base, as well as the driveway pavement, within the limits of the public right of way. All disturbed grass areas within the right of way shall then be restored with topsoil and sod in accordance with section 16.904 of this chapter. B. Single -Family Driveways: 1. Driveway pavement (including aprons) shall be constructed of: a. Minimums five inch (56") concrete with a minimum two inch (2") compacted aggregate base course, or b. Minimum two inch (2") class I bituminous surface with a minimum eight inch (8") compacted aggregate base course. c. Brick or exposed aggregate concrete base driveways are permitted, subject to the requirements detailed in subsection D of this section. 2. Driveway aprons for single-family residential buildings shall be a minim, rn „f Aine foo+ (9') OR Width f„r A -Re ,.,r dFivewayG aAd shall ethepyico he the width of the driveway as permitted by the zoning ordinance and shall be three feet (3') wider at the curb. This additional width at the curb shall not be considered when determining the maximum driveway width. Exceptions to the minimum apron width may be approved by the director of public works to avoid parkway obstructions. C Multi Camily, GGmmornial, RGI Ir,Gl„9s+rial nri„o,.,Non-Single Family Drive Aisles and Aprons: 1. Drove ays_ rive Aisles On Multi Family, ('nmmornial 4RGI IRGI iNon-Single Family Property: Drove aisles within a site shall be constructed to parking lot specifications at a minimum. DrivTDrive aisles with high volume of truck traffic shall increase the structural strength of the pavement. 2 Driveway Apprea,.hoC Drive Aisle Aprons: ^n, ilfi_f!Rmilli 0 �nnmmornil AAAI iAdl ic4ri�l Non -single family drive aisle aprons shall have a width equal to the approved drove mjL- rive aisle width at the property line. Droveay- rive aisle design shall be based upon a width of twelve feet (12') per lane. Any dFive mj-drive aisle 372461_2 Village Board Meeting - December 6, 2016 Page 555 of 578 designed for three (3) or more lanes, or drive aisles greater than twelve feet (12') in width per lane, shall be striped or divided, as approved by the village. The driveway aedrive aisle apron shall have a minimum fifteen foot (15') radius return at the street. D. Brick Driveway Aprons: Brick driveway aprons or exposed aggregate concrete may be installed by the property owner, subject to the following conditions: 1. The brick driveway shall be gapped around the public sidewalk. 2. It shall be the responsibility of the property owner to pay for the repair or replacement of brick or exposed aggregate concrete driveway aprons when damaged or in need of repair as a result of the repair of public utilities, streets or sidewalks. (Ord. 5253, 5-21- 2002) SECTION 17: Section 21.501 "Definitions of Words and Phrases" to Article V "Definitions" to Chapter 21 "Building Code" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: 21.501: DEFINITIONS OF WORDS AND PHRASES: Whenever in this chapter the following words and phrases are used, they shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this article, except when the context in which they are used indicates otherwise: AGGRIEVED PARTY: One suffering from an alleged infringement or denial of his legal rights by reason of a decision or ruling of the director of community development. ALCOVE: A recess connected with or at the side of a larger room, with an unobstructed opening into such room equal to at least twenty percent (20%) of the entire wall surface of the alcove. ALLEY: A public way within a block, generally giving access to the rear of lots of buildings and not used for general traffic circulation. ALTERATION: As applied to a building or structure, a change or rearrangement of rooms or spaces, the structural parts, the means of egress, or an enlargement whether by extending a side or by increasing the heights, or the moving from one location or position to another. APARTMENT: A room or suite of two (2) or more rooms in an apartment building occupied as a family domicile where provision is made for living, sleeping, cooking and eating within the room or suite of two (2) or more rooms. APARTMENT BUILDING: Any building which contains apartments. APPROVED: Approved by the director of community development under the provisions of this chapter, or by other authority designated by this code to give approval or to be used as a standard in the matter in question. APPROVED MASONRY: Masonry constructed of brick, stone, concrete, hollow block, solid 372461_2 Village Board Meeting - December 6, 2016 Page 556 of 578 block or combination of these materials, or other materials approved by the director of community development. A. Building Dimensions: As applied to the dimensions of a building, the maximum horizontal area of the building at or above grade. B. Floor Surface: As applied to floor surface measurement, the horizontal projected floor area inside of exterior enclosure walls or between exterior walls and firewalls. C. Pool Area: The apron immediately adjacent to a swimming pool extending to a minimum of five feet (5') from the said pool. ATTIC: The space between the ceiling beams of the top story, and the roof rafters, and containing no habitable room. AUTOMATIC USE: Automatic as applied to fire protection devices, automatic refers to a device or system that provides an emergency function without the necessity of human intervention and activates as a result of a predetermined temperature rise, or rate of temperature rise or increase in the level of combustion products, such as is incorporated in an automatic sprinkler system, automatic fire door, etc. BASEMENT: That portion of a building having no more than three feet (3') of its floor to ceiling height above the average level of the adjoining finished grade. BATHROOM: A room containing a tub, shower compartment or other facilities for bathing. BEARING WALL: Awall which supports any load in addition to its own weight. BOARD OF TRUSTEES: The board of trustees of the village of Mount Prospect. BOILER ROOM: A room containing the fuel burning equipment and/or fuel storage for a heating or power generating system. BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy. BUILDING, BUSINESS: A building occupied for the transaction of business, for the rendering of professional services, for the display and sale of goods, wares and merchandise, for the supplying of food, drink or other bodily needs or comforts, or for the performance of certain work or labor, including, among others, office buildings, stores, markets, restaurants, not excluding factories, storage or warehouse buildings. BUILDING, FRAME: Buildings having a wood frame or having brick, stone or stucco veneering on a wood frame which wholly or partly serves as the structural support of the building or its load. BUILDING, INSTITUTIONAL: A building in which persons are harbored to receive medical, charitable or other care or treatment; or in which persons are held or detained by reason of public or civic duty or for correctional purposes, including, among others, hospitals, asylums, 372461_2 Village Board Meeting - December 6, 2016 Page 557 of 578 sanitariums, firehouses, police stations and jails. BUILDING LINE: The line established by deed or law, beyond which a building shall not extend, except as specifically provided for in the zoning code or other ordinance of the village. BUILDING, PUBLIC: A building in which persons congregate for civic, political, educational, religious, social or recreational purposes, including, among others, courthouses, schools, colleges, libraries, museums, exhibition buildings, lecture halls, churches, assembly halls, lodge rooms and dance halls. BUILDING, SKELETON: A building composed of only structural framework, or a rigid supportive or protective structure or shell. BULKHEAD: A raised portion of floor construction and the partition enclosing it, which provides headroom for a stair flight or, when in connection with store show windows, provides a means for light and ventilation to the basement space below. CEILING: The overhead covering of a room. CEILING HEIGHTS: The clear vertical distance from the finished floor to the finished ceiling. CEMENT FLOOR: A floor not less than four inches (4") in thickness of concrete composed of one part Portland cement, three (3) parts of sand and five (5) parts of crushed stone or gravel. CEMENT LIME MORTAR: A mixture of one part of hydrated lime to not more than six (6) parts of sand, proportioned by volume, with an addition of not less than ten percent (10%) of Portland cement to the lime by volume. CEMENT MORTAR: A mixture of one part of Portland cement and not more than three (3) parts of sand, proportioned by volume, with an allowable addition of hydrated lime not to exceed twenty percent (20%) of cement volume. CERTIFICATE OF COMPLETION: Refer to section 15.202 of this code. CERTIFICATE OF OCCUPANCY: Refer to section 15.202 of this code. CHIMNEY OR FLUE: A vertical, or approximately vertical, conduit through which smoke and/or gases of combustion escape to the outer air. CLERK OR VILLAGE CLERK: The village clerk of the village. CLOSET: A nonhabitable room used for storage. CONCRETE: A. Except when otherwise specifically provided, "concrete" shall mean a mixture of one part of Portland cement and not more than three (3) parts of sand and five (5) parts of crushed stone or gravel, all proportioned by volume. B. "Reinforced concrete" means Portland cement concrete in which steel is embodied in such a manner that the two (2) materials act together in resisting forces. 372461_2 Village Board Meeting - December 6, 2016 Page 558 of 578 DEAD LOADS: The weight of all permanent structural and nonstructural components of a building, such as walls, floors, roofs, ceilings, stairways and fixed service equipment. DEPARTMENT OF COMMUNITY DEVELOPMENT: Refer to section 15.202 of this code. DEPARTMENT OF FINANCE: Refer to section 15.202 of this code. DEPARTMENT OF PUBLIC WORKS: Refer to section 15.202 of this code. DIRECTOR OF COMMUNITY DEVELOPMENT: Refer to section 15.202 of this code. DIRECTOR OF FINANCE: Refer to section 15.202 of this code. DIRECTOR OF PUBLIC WORKS: Refer to section 15.202 of this code. DISTRICTS: The zoning districts as described in the zoning ordinance of the village of Mount Prospect. DWELLING: Any building which contains one or two (2) "dwelling units" used, intended, or designed to be built, used, rented or leased, which are occupied for living purposes. DWELLING, UNIT: Refer to section 14.2401 of this code. EGRESS: A means or route of exit from a room or building including a doorway, passage, corridor, stairway or fire escape. ELEVATOR: A hoisting and lowering mechanism equipped with a car or platform which moves in guides for the transportation of individuals or freight in a substantially vertical direction through successive floors or levels of a building or structure. ENCLOSING WALLS: A wall separating the interior of a building from the exterior. Such walls may act as bearing walls, enclosing walls or curtain walls. EXIT: That portion of a means of egress which is separated from all other spaces of a building or structure by construction and opening protectives as required for exits to provide a protected way of travel to the exit discharge. Exits include exterior exit doors, exit stairways, exit passageways and horizontal exits. FAMILY: An individual, two (2) or more persons related by blood, marriage or law, or a group of not more than any five (5) persons living together in a dwelling unit. Servants having common housekeeping facilities with a family consisting of an individual, or two (2) or more persons related by blood, marriage or law, are part of the family for this code. FENCE: Refer to section 14.2401 of this code. FLOOR: A horizontal or approximately horizontal system, other than a ceiling, used to support loads within a building (see also definition of Story). FLOOR AREA: Refer to section 14.2401 of this code. FLOOR AREA RATIO: Refer to section 14.2401 of this code. 372461_2 Village Board Meeting - December 6, 2016 Page 559 of 578 FOOTING: A construction supported directly on the ground which supports walls, piers and columns. FOUNDATION WALL: A wall or pier extending to or below frost level serving as support for a wall, pier, column or other structural part of a building. FURRING: A construction of wood, metal, masonry or other material, the sole purpose of which is to obtain a plane or contour for other surface materials. GARAGE: A building, shed or enclosure, or a part thereof, in which a motor vehicle is stored, housed or kept. GARAGE, PRIVATE: A garage for not more than three (3) motor vehicles in which no business or industry connected directly or indirectly with motor vehicles is carried on. GARAGE, PUBLIC: A garage not included within the term "private garage". HABITABLE ROOM: A room designed and intended for use and/or occupied by one or more persons for living, sleeping, eating or cooking; includes kitchens serving dwelling units, but does not include bathrooms, water closet compartments, laundries, pantries, storage rooms or below grade recreation rooms. HEIGHT OF BUILDING: The vertical distance of a building or structure as measured in feet, from the average finished grade to the highest point of the roof or parapet, if a flat roof, or the peak if a hip, gable, mansard, or gambrel roof. The average of the finished grade shall be measured from the two corner points of the building closest to the front lot line, and exterior side lot line if applicable, excluding open stoops, stairs or porches. Mechanical penthouses, chimneys and steeples shall not be included in measuring the height of buildings. HOLLOW BLOCK: A cellular building block of burnt clay or concrete in which cellular spaces within the blocks exceed twenty five percent (25%) of the gross cubic content of the block. KITCHEN: A room or an alcove containing cooking facilities and in which food may be prepared. LIME MORTAR: A mixture of one part slacked lime or hydrated lime not more than four (4) parts of sand proportioned by volume. LINTEL: A beam placed over an opening or recess in a wall which supports the construction above. LIVE LOAD: Those loads produced by the use and occupancy of the building, not including environmental loads such as wind loads, snow loads, earthquake loads or dead loads. MANAGER OR VILLAGE MANAGER: The village manager of the village of Mount Prospect. NEW CONSTRUCTION: An existing structure shall be considered as new construction and shall meet all of the provisions of this code and all other adopted codes and standards for new construction when either of the following conditions exist: 372461_2 Village Board Meeting - December 6, 2016 Page 560 of 578 A. The linear feet measurement of demolished exterior walls is greater than fifty percent (50%) of the total linear feet of the existing exterior walls (perimeter of the existing walls). For the purpose of this definition a wall is considered to be demolished when, in the opinion of the village engineer, the structural integrity of the wall has been compromised (no longer capable of supporting the structure) or when two (2) or more components of the wall are removed; or B. The square footage of the structure is increased by one hundred fifty percent (150%) of the existing structure's square footage. In single-family homes and townhomes the habitable square footage shall be used as a basis for determining the percentage of square footage increase. NONCOMBUSTIBLE: Any material which will not sustain fire. NONCOMBUSTIBLE CONSTRUCTION: A construction in which all materials used in the construction and finish are noncombustible to the point that the construction will not sustain fire. OCCUPIED: As applied to a building shall be construed as though followed by the words "or intended, arranged or designed to be occupied". OFFICE: A place where clerical work, writing or drafting is done, where clients are interviewed, professional services are rendered or where business is transacted without an immediate transfer of goods. OPEN AREA: With respect to fences, open area shall be determined so that any given square foot of such fence shall consist of not more than fifty percent (50%) fencing material including posts and rails. PANTRY: A space accessory to a dining room or kitchen for storage of dishes or food or for a preparation of food without the use of heat. PARAPET: A wall of approved masonry projecting above the roofline to prevent the spread of fire. PARKWAY: Refer to section 15.202 of this code. PARTIAL CERTIFICATE OF OCCUPANCY: A certificate of occupancy issued for a portion of a building or structure prior to completion of the entire building or structure. PARTY WALL: A wall of approved masonry used or adapted for joint use between two (2) buildings and shall comply with wall thickness as provided for under masonry construction. PATIO: A recreation area that adjoins a dwelling, is often paved, and is adapted especially to outdoor dining. PATIO ENCLOSURE: A screened seasonal leisure area which is attached to the principal structure, unheated and which is not intended to be used as a habitable room. PATIO SCREENING: A screen, preferably decorative, natural or artificial, which screen is placed adjacent to a patio for the purpose of concealing such patio. PERMITTEE: That person or persons authorized by the authority having jurisdiction to perform specific activity. 372461_2 Village Board Meeting - December 6, 2016 Page 561 of 578 PERSON: Every natural person, firm, copartnership, association or corporation. PETITIONER: Refer to section 14.2401 of this code. REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of maintenance. Repair does not include work that would affect the structural safety of the building or that would affect or change required exit facilities or that would affect the vital element of an elevator, plumbing, gas piping, wiring or heating installation, or that would be in violation of a provision of this code. SOLID ROCK: A building block of burnt clay or stone, gravel or cinder concrete in which cellular spaces within the block do not exceed in the aggregate twenty five percent (25%) of the gross cubic content of the block. SPRINKLERED: Equipped with an approved automatic sprinkler system containing an arrangement of piping and sprinklers designed to operate automatically by the heat of fire and to discharge water upon such fire. STAIRWAY: One or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one floor to another; including risers, treads, floor landings, stair platforms, supporting members, handrails, newel posts, balustrades and the enclosure of such stairs from the required exit to the exit door of the building or grade. A. Flight: A series of steps between successive landings and platforms. B. Landing: The floor space immediately adjoining the top or bottom of a flight. For an enclosed stair, the landing is the floor space within the enclosure. C. Open Stair: A stair without a complete enclosure. D. Step: A rise and adjoining tread. E. Tread: The horizontal width of a step not including the nosing. F. Width: The clear width of a stair between parallel required handrails or between a required handrail and a wall. An unrequired handrail shall not be considered in measuring stair width. STOP ORDER: An order, written or oral, to cease and desist any and all construction activities, which order is issued by the director of community development. STORY: That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. STREET: Refer to section 15.202 of this code. STRUCTURE: Any construction, or any production or place of work artificially built up or composed of parts joined together in some definite manner; including, but not limited to, stadia, gospel and circus tents, reviewing stands, platforms, radio towers, air conditioning compressor units, coal bins, fences, display of signs and poles connected by wires for the transmission of 372461_2 Village Board Meeting - December 6, 2016 Page 562 of 578 electricity. SWIMMING POOL: An artificial or semiartificial receptacle or other container for a body of water having a depth at any point of more than two feet (2') whether located indoors or outdoors, used or intended to be used for public, semipublic or private swimming by adults or children or both adults and children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any "person" as defined elsewhere in this article, whether he be an owner, lessee, operator, licensee or concessionaire and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of same; including, but not limited to, the following: Hot Tub: A large tub usually wooden and normally filled with heated water used by adults and/or children to soak in. Swimming Pool, Excavated: Any swimming pool being constructed in whole or in part below the grade level and out of doors. Swimming Pool, Indoor: Any swimming pool so constructed as to be located in whole or in part within a structure or building in such manner as to become part of the real estate. Swimming Pool, Portable: Any prefabricated swimming pool which has a depth at any point of more than two feet (2'), which pool may be utilized without an excavation and which has an empty weight of less than two hundred (200) pounds, which weight shall be inclusive of all the appurtenances of the said pool. Swimming Pool, Public And Semipublic: All swimming pools operated and maintained in conjunction with or by clubs, motels, hotels, multi -unit buildings housing more than three (3) families, and community associates, and shall include any swimming pool other than a private residential swimming pool. Swimming Pool, Raised Deck: Any "swimming pool" as defined in this article being constructed in such manner as to have a flat floor, roofless area resting above the grade level, which raised deck shall lie immediately adjacent to and surrounding the upper edge of said pool which shall not be an excavated pool. Swimming Pool, Residential Private: A swimming pool located in any residentially zoned district used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it without payment of any fee. UNPROTECTED METAL CONSTRUCTION: Applies to buildings in which the structural supports are metal and in which the roofing and walls or other enclosures are of sheet metal or other incombustible materials, or of masonry deficient in thickness or otherwise and not conforming to approved masonry. VILLAGE ATTORNEY: The village attorney of the village of Mount Prospect. VILLAGE ENGINEER: The village engineer of the village of Mount Prospect, or other person designated by the director of public works. (Ord. 5339, 6-17-2003; amd. Ord. 5384, 11-18-2003; Ord. 5426, 4-20-2004; Ord. 5746, 6-16-2009) 372461_2 Village Board Meeting - December 6, 2016 Page 563 of 578 SECTION 18: Section 23.1904 "Signs" to Article XIX "Garage Sales" to Chapter 23 "Offenses and Miscellaneous Regulations" to the Mount Prospect Village Code shall be deleted in its entirety. SECTION 19: Appendix A, Section 7.620 "Indemnification" to Division I "Bonds, Salaries, Insurance and Miscellaneous" to Chapter 7 "Sign Regulations" to the Mount Prospect Village Code shall be deleted in its entirety. SECTION 20: Appendix A, Section 7.610 "Permit Fees" to Division I I "Fees, Rates and Taxes" to Chapter 7 "Sign Regulations" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: Section 7.6-10: PERMIT FEES, 7.501: PERMITS A. Minimum nonrefundable deposit: $ 25 .00 Special event (balloon, searchlight) signs �'50 .00 SECTION 21: Appendix A, Section 7.705 "Notice Requirement" to Division 11 "Fees, Rates and Taxes" to Chapter 7 "Sign Regulations" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: Section 7.602: NOTICE REQUIREMENT: 372461_2 Village Board Meeting - December 6, 2016 Page 564 of 578 E. Fees: Appeal $250.00 Variation 200.00 inn nn Text amendment 250.00 SECTION 22: Appendix A, Section 7.640 "Illegal Sign (Both Temporary and Permanent)" to Division III "Penalties and Fines" to Chapter 7 "Sign Regulations" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: Section 7.640503: ILLEGAL SIGN (BOTH TEMPORARY AND PERMANENT): Fine: Not less than $50.00 nor more than $200.00 per day of violation. SECTION 23: 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: NAYS: ABSENT: PASSED AND APPROVED this day of , 2016 Arlene A. Juracek, Village President ATTEST: Village Clerk 372461_2 Village Board Meeting - December 6, 2016 Page 565 of 578 Item X. F.: A RESOLUTION IN SUPPORT OF WIRE FORMERS INC, 500 CARBOY ROAD, MOUNT PROSPECT, IL MAKING APPLICATION FOR AN EXTENSION OF A COOK COUNTY CLASS 6B TAX ABATEMENT Department: Community Development Information: Attached to this memorandum is a resolution that would grant approval of a renewal of a Class 6b property tax incentive for Wireformers Inc. for their property located at 500 W. Carboy Road. The renewal would be for an additional 12 years and would enable Wireformers to maintain their operations in Mount Prospect. The Village has granted several Cook County Class 6b tax incentives to attract and retain businesses. The 6b incentive reduces the assessment level for qualified manufacturing and warehouse/distribution facilities from 25% to 10% for the first 10 years, 15% for year 11 and 20% in year 12. After year 12, the assessment level returns to the full 25% for the benefitting property. The 6b incentive can also be renewed for additional 12 year terms if supported by the Village. Wireformers currently employs 12 individuals at their facility. They are requesting the Class 6b abatement to maintain their taxes at around $1.30 per square foot for their property. If the extension is not granted they estimate that their tax bill would rise to $3.45 per square foot. Similar properties in nearby Lake and DuPage County range from $1 to $1.50 per square foot. Please forward this memorandum to the Village Board for their review and consideration at their meeting on December 6th. Staff will be present at that meeting to further discuss this matter. Alternatives: 1. Approve the resolution supporting the Class 6b extension. 2. The discretion of the Village Board. Budget Impact: Village Board Meeting - December 6, 2016 Page 566 of 578 NA Recommendation: Staff recommends that the Village Board approve the attached resolution. SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: BUSINESS: Strong local economy, support for innovation, entrepreneurialism and small business ATTACHMENTS: Description Type Upload Date File Name D Class 6b Backup 11/28/2016 Wireformers_Class_6b_Extn_Ap_Signed_11- application Material 10-16.pdf D Cover letter Backup 11/28/2016 Wireformers cover Ietter.pdf Material — — D Wireformers Ordinance 6B renewal 11/30/2016 Classb_500_carboy_(2).pdf Village Board Meeting - December 6, 2016 Page 567 of 578 NOV-1U-2Ulb(lHU) Ib:dy k GQ.f `- COOK COUNTY ASSESSOR JOSEPH BERRIOS I7N01 r. uuc:tuu r COOK COUNTY ASSESSOR's OMCE 118 NoFzm CLARK STREET, CHCCAGO, IL 60602 PHONE: 312,443,7550 FAx:312.603,3352 WWW,COOKCOUN-rYASSESSQR. COM CLASS 613/8 Control Number RENEWAL APPLICATION s1s1s A certified copy of the resolution or ordinance obtained from the municipality In which the real estate Is located, or from the Cook County Board of Commissioners if located in an unincorporated area, must accompany this Renewal Application. This application, resolution and a filing fee of $500.00 must be filed. For assistance in preparing this Renewal Application, please contact the Cook County Assessor's Office Development Incentives Department at (312) 603-7529. I. Identification of Applicant Name: Eva Lischk,? lPresidear wlrefarmcrs mc. Telephone: ( 674 � 7iB-i82G Address: 3001.8r170Y Road City, State: Mount Praspoct,IL Zip Code: mme, Email Address: LOalsLeWreformers.com, Santogtarenrlalkw.com Agent/Representative (if any) Name: Santo TerenziajasePh t avotio Telephone: { ) 6311.233-0621/522.233.0101 x236 Address: 19Don carlas Dr / 734 N.wslls & City, State: NanoverParx, lr. / cnlcago, Zip Code: salssi sass Email Address: santooterenrlotaw.com / )flllWamari-locallo.com 11, Description of Subject Property Street address: 500 W. CarbOY Rd. City, State: maunt Pmzpam tL Zip Code: 60oso Permanent Real Estate Index Number (s): os -234111-o12 Township: axr-Rovt_ Village Board Meeting - December 6, 2016 Page 568 of 578 NOV-10-2016(THU) 16;29 III. Identification of Persons or„Entities Having an Interest P. UUJ/UU7 Attach a current and complete list of all owners, developers, occupants and other interested parties (including all beneficial owners of a land trust) identified by names and addresses, and the nature and extent of their interest. Attach legal description, site dimensions and square footage, and building dimensions and square footage. IV. Property Use Attach a current and detailed description of the precise nature and extent of the use of the subject property, specifying in the case of multiple uses the relative percentages of each use. If there have been any changes from the original application, include current copies of materials which explain each occupant's business, including corporate letterhead, brochures, advertising material, leases, photographs, etc. V. Nature of Development Indicate the nature of the original development receiving the Class 61318 designation [xA New Construction [ ] Substantial Rehabilitation E j Occupation of Abandoned Property - No Special Circumstance [. ] Occupation of Abandoned Property - With Special Circumstance VI. Employment How many permanent full-time and part-time employees do you now employ? On -Site: Full-time: 1.2 Part-time; In Cook County: Full-time: r? Part-time: VII. Local Approval A certified copy of a resolution or ordinance from the municipality in which the real estate is located (or the County Board, if the real estate is located in an unincorporated area) must accompany this renewal. The ordinance or resolution must expressly state that the municipality supports and consents to this Class 6131$ Renewal and has determined that the industrial use of the property is necessary and beneficial to the local economy. 2 Village Board Meeting - December 6, 2016 Page 569 of 578 NOV-10-2016(THU) 16;29 V. UUa/UU r EVA USGiIKO 1, the undersigned, certify that t have read this Renewal Application and that the statements set forth in this Renewal Application and in the attachments hereto are true and correct, except as those matters stated to be on information and belief and as to such matters the undersigned certifies that he/she believes the same to be true, X 1 Signature EVA LISCHKC, Print Name Date PRESIDENT WIREFORMS INWRUSTEE LISCHKO TRUSTS Title 3 Ruvkud NOVam8or 4, 2014 Village Board Meeting - December 6, 2016 Page 570 of 578 NUV-IU-bUlb(IHU) Ib:�y V.UU5/UUf INCENTIVES CLASS LIVING WAGE ORDINANCE AFFIDAVIT EVAuscrixO as agent for the applicant set forth below, who is seeking a classification incentive as referenced below, I do hereby state under oath as follows: 1. As the agent for the applicant set forth below, I have personal knowledge as to the facts stated herein. 2. The property identified by PIN(s) with commonly known address(es), listed in Exhibit A attached and herein incorporated, are/is the subject of a pending /renewal (circle as appropriate) for one of the following development incentives provided by the Code of Ordinances of Cook County, Chapter 74, Article 11, Division 2, The Cook County Real Property Assessment Classification Ordinance, Sec.74-60 et seq., as amended: xx Class 6b Class 8 (industrial property) _ Class 9 3. The Cook County Assessor's Office has issued the following control number regarding . this application/renewal (circle as appropriate), erste 4. 1 have reviewed the Code of Ordinances of Cook County, Cook County Living Wage Ordinance, as amended (the "Ordinance"), and certify that the applicant is in compliance with the above referenced Cook County Living Wage Ordinance, due to one of the following options (check as appropriate), xx Applicant is currently paying a livinvge to its employees, as defined in the Ordinance. NE — Applicant is not required to pay a living wage, pursuant to the Ordinance. Furter affiant sayeth not. gan s Signature 500 W CARBOY, MT. PROSPECT, It, non a Mallinti AddreF.$ EVA LISCNICO/YYIREFORMERS INC, pp ican s Name santnc�torcnxler�w.cem Applicant's e-mail address 911A L1SCN1[O, PRESIDENT WIREFORME'RS. INC. psn s Name Z,e 847 718 1920 Agent's a op ono um or $00 W. CARBOY. MT. PROSPECT, IL 90056 pp cans MQKCrass ,I-,- Ao JSubscribed a dd sworn before me this �day of 1, 4_ , 20 l 6 1180115 4 =7PUSLIC L ZIO OF ILLINOIS ESA 1/18/19 Village Board Meeting - December 6, 2016 Page 571 of 578 NOV-10-2016(THU) 16:29 PIN(s) asasaor-azs Village Board Meeting - December 6, 2016 EXHIBIT A (Please types or Print) Common Address 500 W. Carboy, Wath Praseact !L 80058 N. UUb/UU f Page 572 of 578 NOV-10-2016(THU) 16:29 I This is page is blank intentionally ] F. uu f/UU f Village Board Meeting - December 6, 2016 Page 573 of 578 SANTO P. TERENZIO ATTORNEY AT LAW P.C. 19 Don Carlos Drive Hanover Park, IL 60133 Tel. 630.233.0621 Fax 630.233.8400 or 630.672-7177 spterenzio «sbcglobal.net _.�............................................._............................. Of Counsel: European Of Counsel: John Lagattuta Hassan A. Abbas Attorney at Law/Avocat/Advocate Hoveniersstraat 2, Suite 232-B.344 Antwerpen 2018 Belgium November 1, 2016 2 pages_ VIA Email: comdevdept(a-,mountprospect.org & Regular _& Cell°ti ed Mail Village of Mount t Prospect c/o Mr. William Cooney, AICP 50 S. Emerson St. Mount Prospect, IL 60056 Re: Renewal of Class 6B Real Estate Tax Incentive Property Address: 500 W. Corboy Rd., Mount Prospect, IL 60056 PIN: 08-23-401-012-0000 Petitioner: Owner: Eva Lischko, Trustee Lischko Trust/Tenant: Wireformers, Inc. Dear Mr. William Cooney, Please be advised that I am the attorney for Eva Lischko, individually, and as Trustee of Lischko Trusts, as owner and General Counsel of Wireformers, Inc., Eva Lischko, President, as tenant, all of on behalf of whom I am sending this letter requesting an extension of the existing 613 R.E. Tax Incentive on the subject property referenced above.. I, on direction of my clients, do formally request a Municipal Resolution from the Village of Mount Prospect which will expressly authorize and support the renewal of the 613 real estate tax incentive on the subject property. It is my understanding that I must request that the Village pass a resolution expressly stating that the "Village of Mount Prospect supports and consents to this Class 613 Renewal and has determined that the industrial/manufacturing use of the property is necessary and beneficial to the local economy." and for any other assistance available from the Village in regards petitioning the Cook County Assessor in to granting the continuance of the benefits of this incentive. The continuing or renewal of the 613 incentive is required in order to maintain the occupancy of the building, and the survival of Wireformers, Inc. as a viable business in Mount Prospect and Cook County. If the incentive is not renewed, continuing occupancy of the parcel by Wireformers, Inc. is unlikely, as the substantial increase in the R.E. Tax burden which will occur will make the location unsustainable. Renewal of the 613 incentive will insure that Wireformers, Inc. a 40 -year-old family owned business founded and continuously operated in Cook County will continue to employee approximately 15- 20 individuals, including the founder's children and his surviving spouse. The renewal of the 613 incentive will insure that Wireformers, Inc. remains in the building, and likely results in the tax levy and collected real estate taxes remain consistent. The certainty of continuing with the 613 incentive property taxes will increase Village Board Meeting - December 6, 2016 Page 574 of 578 SANTO P. TERENZIO ATTORNEY AT LAW P.C. Page 2 of 2 November 1, 2016 Letter to William Cooney Renewal of Class 613 Real Estate Tax Incentive Property Address: 500 W. Corboy Rd., Mount Prospect, IL 60056 the likelihood of Wireformers survival, which will hopefully result in the Company's expansion, with the possibility of future job growth. If the renewal is not granted, the building is likely to become vacant in the near future. The vacant building without the 6B incentive is likely to result in in lower tax revenue, and result in a negative impact to Mount Prospect and the community. Wireformers is a family owned manufacturing company. The founder of Wireformers, Inc., Louis Lischko passed away in 2014, followed quickly by the death of a key employee and Vice President, his son in law Horst Lang. The remaining family members and the widow of Mr. Lischko, Eva Lischko, have struggled with the transition required due to these losses of family member, in addition to the macroeconomic struggles confronting American Manufacturing in general. It is not certain that anyone other than a founder or his heirs is likely to put this property to its highest and best use as a manufacturing plant. Loss of Wireformers, and its employees, some of whom live in Mount Prospect, and all of whom regularly contribute to the local economy by frequenting other small businesses in Mount Prospect as part of their work week, is not likely to be easily replaced. Please inform at your earliest convenience as to whether there is any other information I can provide in support of this request. I thank you in advance for your kind assistance, and ask you to endeavor to prioritize the presentation of this request to the Village Board for formal resolution as soon as possible. Please acknowledge receipt and inform if you require anything else. Sincere, nt. Terenzio, as Attorney and Counsel for Eva Lischko & Wireformers, Inc. SPT/cl Cc: Eva Lischko, Wireformers, Inc. Village Board Meeting - December 6, 2016 Page 575 of 578 RESOLUTION NO. A RESOLUTION IN SUPPORT OF WIREFORMERS INC., 500 W. CARBOY ROAD, MOUNT PROSPECT, ILLINOIS, MAKING APPLICATION FOR A RENEWAL OF COOK COUNTY CLASS 6B TAX ABATEMENT WHEREAS, the Village of Mount Prospect encourages community development to provide for economic growth and career opportunities; and WHEREAS, through property tax incentives offered by Cook County, various opportunities exist for industrial properties in the Village of Mount Prospect, Cook County; and WHEREAS, without the Cook County property tax incentives, the Village of Mount Prospect is at a competitive disadvantage with the neighboring counties of Lake and DuPage in attracting industrial development; and WHEREAS, Wireformers Inc., has requested the Village of Mount Prospect support its application for renewal of the Class 6B Real Estate Property Classification at 500 W. Carboy Road, Mount Prospect, Cook County (Property); and WHEREAS, the corporate authorities of the Village of Mount Prospect believe that their request is in the best interest of the economic development in the Village of Mount Prospect. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect do herby support and consent to the application for the Class 6B Renewal from Cook County for the Property located at 500 W. Carboy Road and legally described as: LOT 6 IN ELMHURST-ALGONQUIN INDUSTRIAL PARK UNIT NUMBER 2, BEIN A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AS PER THE PLAT THEREOF RECORDED FEBRUARY 20, 1968AS DOCUMENT NUMBER 20409121, IN COOK COUNTY, ILLINOIS. PIN: 08-23-401-012-0000 SECTION TWO: That the Village of Mount Prospect supports industrial growth, increased employment and economic development and the "property' is in furtherance of this goal. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT Village Board Meeting - December 6, 2016 Page 576 of 578 PASSED and APPROVED this 6th day of December, 2016. Arlene A. Juracek Mayor Karen M. Agoranos Deputy Village Clerk Village Board Meeting - December 6, 2016 Page 577 of 578 Item XI. A.: Status Department: SUPPORTS THE FOLLOWING STRATEGIC PLAN GOALS: ATTACHMENTS: Description 4.nWatta ,Ihirrne nts A wilillablle Type Upload Date File Name Village Board Meeting - December 6, 2016 Page 578 of 578