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Agenda Item Details
Meeting
Apr 18, 2017 - REGULAR MEETING OF THE VILLAGE BOARD - 7:00 p.m.
Category
6. OLD BUSINESS
Subject
6.1 PZ -02-17 TEXT AMENDMENTS TO CHAPTER 14 OF THE VILLAGE CODE - 2ND READING OF AN
7'
ORDINANCE AMENDING CHAPTER 14, "ZONING" (Fences and Walls) OF THE VILLAGE CODE OF
Rolling Meadows
MOUNT PROSPECT, ILLINOIS;
Access
Public
Type
Action
Preferred Date
Apr 05, 2017
Absolute Date
Apr 05, 2017
Fiscal Impact
No
Recommended
Approve text amendments amending the Zoning Ordinance (Chapter 14) of the Village Code.
Action
6'
Goals
04. Zoning Ordinance: Revision
Public Content
6'
Information
The Community Development Department is seeking approval of text amendments to the zoning ordinance (Chapter 14)
of the Village Code. The proposed text amendments are outlined below:
Article III, Section 14.318 Fences and Walls
The Village Code limits the height of fences in residential zoning districts to five feet (5') (with some exceptions allowing
for 6'). However, the majority of fences available at home improvement stores come in standard four (4) or six (6) feet in
height. This has required residents to custom order a fence or cut six foot (6') tall fence sections down by one foot in
order to meet Village Code.
Staff researched the fence regulations in ten surrounding communities and found the majority allowed six foot (6') tall
fences. The table below indicates the permitted fence height in the surrounding communities:
Maximum Residential Fence Height in Surrounding Communities
Municipality
Exterior side
Interior Side
Rear
Glenview
4' and 50% open
7'
7'
Rolling Meadows
6.5'
6.5'
6.5'
Palatine
6'
6'
6'
Prospect Heights
6'
6'
6'
Wheeling
6'
6'
6'
Elk Grove Village
6'
6'
6'
Wood Dale
6'
6'
6'
Barrington
6'
6'
6'
Des Plaines
4'
6'
6'
Downers Grove*
4' or 6'
6'
6'
Wheaton*
4' or 6'
6'
6'
Elmhurst**
3', 4', or 6'
6'
6'
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Crystal Lake
3' 6' 6'
Buffalo Grove***
5' or 6' 5' or 6' 5' or 6'
Schaumburg
5' 5' 5'
Arlington Heights
5' 5' 5'
Park Ridge
5' 5' 5'
Lake Zurich
3' 5' 5'
*Four feet tall if it is adjacent to a front yard, six feet tall if it is adjacent to another exterior side
yard
**Three feet if it is a
privacy fence adjacent to a front yard, four feet if it is an open -style fence
adjacent to a front yard,
and six feet if it is adjacent to an exterior side yard
***Five feet tall if it is a privacy fence, six feet tall if it is an open -style fence
****Five foot wood privacy
fences cost 20-25% more than six foot wood privacy fences
Staff is recommending increasing the permitted residential fence height from five feet (5') to six feet (6'). This
would alleviate the extra cost and/or work required of homeowners to comply with code and would bring the Village fence
regulations in line with the majority of surrounding communities.
Article XXIV: Definitions
Staff is recommending modifying the sight -triangle definition to better define the area that is considered a sight -triangle
and remove any reference to what structures or landscaping can be located within the sight -triangle. Fence and landscape
regulations are provided in Chapter 14 and in Chapter 9 of the Village Code. Staff is not recommending any changes to
the code provisions.
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, February 23, 2017
and by a vote of 4-1, the Planning and Zoning Commission recommended denial of the proposed code update to Article
III, Section 14.318 Fences and Walls. Comments included:
Commissioner Youngquist indicated 5' fences have been allowed for a long time and are found throughout the
Village. He was concerned that allowing a 6' tall fence would result in homeowners adding an additional foot on top
of their existing 5' fences resulting in patched fences. He expressed concern the proposed provisions would
not stop that from happening.
Former Mayor Skip Farley commented that 5' fences have served the community well. He indicated the 5' rule has
been prevalent in the Village as long as he can remember. He stated he understood the desire for a 6' tall fence
but pointed out that it may have an impact on interior properties that have no fences; they would be enclosed in if
all of the adjacent lots install fences. He also indicated that a 6' fence is not as friendly as a 5' fence because most
people can't see over a 6'tall fence. He asked the Commission to consider the impact the proposed change would
have on homeowners who do not desire a 6' fence and on the community that is known for friendliness. He
indicated he was not supportive of the proposed change.
By a vote of 5-0, the Planning and Zoning Commission recommended denial of the proposed code update to Article XXIV:
Definitions: Comments included:
Commissioner Beattie indicated there were Facebook posts concerned about the existing Code language and
whether it was a regulation or not. He indicated there were safety concerns for cyclists and runners at
intersections. He referenced the vehicular tragedies that have occurred in or around Mount Prospect and voiced his
concern with the removal of the reference to plantings.
The homeowner of 210 S. Wille, Joseph Plata, attended the meeting to discuss landscaping within sight triangles
and to speak on behalf of Kenneth L Brey, who submitted comments via email. Mr. Plata indicated he was a safety
engineer and agreed with Mr. Brey's comments. He said he was confused as to why a recommendation to remove
language from the definition was proposed instead of adding provisions to ensure landscaping and fencing were not
within sight -triangles. Mr. Plata provided an alternative definition. Commissioner Youngquist indicated Mr. Brey's
proposed definition unfortunately falls to the same issue found with the existing definition.
Chairman Donnelly stated the Village Board should consider adding language to the Village Code to address
the issues raised.
Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the
attached minutes.
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Planning & Zoning Commission Meeting February 23, 2017
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:
1. 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. Six Foot Fences: Fences up to six feet (6') 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.
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.
Chapter 14, Article III General Provisions
Planning & Zoning Commission Meeting February 23, 2017
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. 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.
8. 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.
9. Utility Easements: The construction of fences in utility easements is subject to
the condition of the easement.
10. 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:
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.
Chapter 14, Article III General Provisions 2
Planning & Zoning Commission Meeting February 23, 2017
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.
Chapter 14, Article III General Provisions 3
Planning & Zoning Commission Meeting February 23, 2017
14.504: STANDARDS FOR PLANNED UNIT DEVELOPMENTS:' ..:u
Except as provided below, no planned unit development shall be approved unless the development
meets the standards for conditional uses, and the standards set forth in this section:
A. General Standards:
1. Except as modified by and approved in the final planned unit development plan, the proposed
development complies with the regulations of the district or districts in which it is to be located.
2. The principal use in the proposed planned unit development is consistent with the
recommendations of the comprehensive plan of the village for the area containing the subject
site.
3. The proposed planned unit development is in the public interest and is consistent with the
purposes of this zoning ordinance.
4. The streets have been designed to avoid:
a. Inconvenient or unsafe access to the planned unit development;
b. Traffic congestion in the streets which adjoin the planned unit development;
c. An excessive burden on public parks, recreation areas, schools, and other public facilities
which serve or are proposed to serve the planned unit development.
B. Standards For Planned Unit Developments With Use Exceptions: The ordinance approving the
final development plan for the planned unit development may provide for uses in the planned
development not allowed in the underlying district, provided the following conditions are met:
1. Proposed use exceptions enhance the quality of the planned unit development and are
compatible with the primary uses.
2. Proposed use exceptions are not of a nature, nor are located, so as to create a detrimental
influence in the surrounding properties.
3. Proposed use exceptions shall not represent more than forty percent (40%) of the total floor
area. However, in a residential planned unit development area no more than ten percent
(10%) of the site area or the total floor area shall be devoted to commercial use. No industrial
use shall be permitted within a residential planned unit development.
C. Standards For Planned Unit Developments With Other Exceptions: The village board may
approve planned unit developments which do not comply with the requirements of the underlying
zoning district's regulations governing lot area, lot width, bulk regulations, parking and sign
regulations, or which require modification of the subdivision design standards when such
approval is necessary to achieve the objectives of the proposed planned unit development, but
only when the board finds such exceptions are consistent with the following standards:
1. Any reduction in the requirements of this chapter is in the public interest.
Planning & Zoning Commission Meeting February 23, 2017
2. The proposed exceptions would not adversely impact the value or use of any other property.
3. Such exceptions are solely for the purpose of promoting better development which will be
beneficial to the residents or occupants of the planned unit development as well as those of
the surrounding properties.
4. In residential planned unit developments the maximum number of dwelling units allowed per
acre shall not exceed forty eight (48) units per acre for developments incorporating senior
housing or assisted living facilities.
5. All buildings are to be located within the planned unit development in such a way as to
dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the
occupants of such buildings and shall conform to the following:
a. The front, side or rear yard setbacks on the perimeter of the development shall not be less
than that required in the abutting zoning district(s) or the zoning district underlying the
subject site, whichever is greater.
b. All transitional yards and transitional landscape yards of the underlying zoning district are
complied with.
c. If required transitional yards and transitional landscape yards are not adequate to protect
the privacy and enjoyment of property adjacent to the development, the planning and
zoning commission shall recommend either or both of the following requirements:
(1) All structures located on the perimeter of the planned unit development must be set
back by a distance sufficient to protect the privacy and amenity of adjacent existing uses;
(2) All structures located along the entire perimeter of the planned unit development must
be permanently screened with sightproof screening in a manner which is sufficient to
protect the privacy and amenity of adjacent existing uses.
d. The area of open space provided in a planned unit development shall be at least that
required in the underlying zoning district.
D. Open Space Requirements For Residential Planned Unit Developments: A minimum of forty
percent (40%) of the total lot coverage of a residential planned unit development in the R-1, R-2,
R-3, R-4 zoning districts, shall be devoted to open space. Open space shall be limited to the
following items:
1. Recreation open space, as follows:
a. Swimming pools;
b. Tennis courts;
c. Recreation buildings;
d. Natural water features, wetlands and conservation areas;
Planning & Zoning Commission Meeting February 23, 2017
e. Stormwater management areas, such as retention/detention ponds which are accessible to
occupants via nature trails, boardwalks and/or walkways. Such stormwater management
areas shall be designed as natural water features and landscaped to meet the village's
landscape requirements specified in section 14.2304 of this chapter;
f. Playgrounds;
g. Walking orjogging trails;
h. Other recreation spaces requiring permanent structures on the property other than principal
buildings. May include, but are not limited to, gazebos, pergolas and patios.
2. Private yards and courts adjoining residential yards.
3. The combined area of retention ponds, natural water features, wetlands, and conservation
areas shall not exceed fifty percent (50%) of the required open space coverage of a
residential planned unit development.
4. Buffer open space:
a. Buffer yard areas around the perimeter of adjoining properties.
b. Interior and perimeter parking lot open space.
E. Changes In The Planned Unit Development: A planned unit development shall be developed only
according to the approved and recorded final plan and all supporting data. The recorded final
plan and supporting data together with all recorded amendments shall be binding on the
applicants, their successors, grantees and assigns and shall limit and control the use of
premises (including the internal use of buildings and structures) and location of structures in the
planned unit development as set forth therein.
Major Changes: Changes which alter the concept or intent of the planned unit development
including increases in the density, change in location and types of nonresidential land uses,
increases in the height of buildings, reductions of proposed open space, changes in proportion
of housing types, changes in road standards or changes in the final governing agreements,
provisions, or covenants, may be approved only by submission of a new preliminary plan and
supporting data, and following the preliminary approval steps and subsequent amendment of
the final planned unit development plan.
2. Minor Changes: The village manager, after recommendation from the community development
director, may approve changes in the planned unit development which do not change the
concept or intent of the development, without going through the "preliminary approval" steps.
"Minor changes" are defined as any change not defined as a major change. Minor changes
may include, but are not limited to, items like revisions in landscape plans, building elevations
or utility plans. The village manager may also choose to schedule the minor change for review
by the village board.
F. Schedule Of Construction: The village board shall consider the planned unit development subject
to revocation if construction falls more than one year behind the schedule filed with the final plan,
or exceeds five (5) years. The developer shall be notified prior to any revocation action. It shall
be considered notification if notice is sent via registered or certified mail to developer's last
Planning & Zoning Commission Meeting February 23, 2017
known address. Extensions in the building schedule may be granted by the village board. (Ord.
4590, 9-21-1993; amd. Ord. 5000, 3-16-1999; Ord. 5219, 11-6-2001; Ord. 5751, 8-4-2009; Ord.
6112, 12-17-2013)
Planning & Zoning Commission Meeting February 23, 2017
14.604: LAND USE TABLES:'t'
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
C- R- R- R- R- R- R -
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
C
height
Assisted living facility when approved as part of a
C
C
PUD
L Attached single-family homes
P
Churches, synagogues, mosques, or other
P1
P'
P1
P'
P'
houses of worship
Churches, synagogues, mosques, or other
C
C
C
C
C
houses of worship planned unit developments
Colleges and universities
C
C
C
C
Community centers
C
L Conservatories
C
Convalescent homes/nursing homes
C
L Cultural institutions
C
C
C
C
L Daycare center ....
C
C
C
C
C ....
L Daycare home
P
P
P
P...
P....
P.
Planning & Zoning Commission Meeting February 23, 2017
Detention or retention facilities
C
Dormitory accommodations
C
C
C
C
C
Elementary schools
P'
P'
P
P1
P1
Family community residence (located at least
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
feet 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
Pi
Pi
P
P1
P,....
Home occupations
P
P
P
P
P
Libraries
C
C
C
C
C
L Lighted ball fields
C
L More than 1 garage
C
C
C.
C....
L Multi -family dwellings
P ..
Municipal buildings
P1
P1
P1
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
P
P
P
P
P
P
Mounted
Private or parochial schools
P1
P1
P1
P'
P'
Public recreational facilities
L Recreational complexes
C
C
C
Planning & Zoning Commission Meeting February 23, 2017
Rehabilitation homes
B-
C
C
C
C
C
C
Residential planned unit developments
Land Use
C
C
C
C
C
5C
Senior housing when approved as part of a PUD
1
Accessory structures
P
P
P
C
C
Single-family detached dwellings
P
P
P
P
P
P
...Studios .... .... .... .... .... .... ....
... C
....
....
permitted uses)
...
....
Tennis courts, swimming pools, volleyball courts,
P
Amusement establishment
and similar recreational facilities
C
Amusement establishment indoor only
Two-family dwellings
C
P
C
C
P
P
Animal daycare center and kennels
Unenclosed front porches attached to a single-
C
C
C
C
C
C
family residence
L Unlighted ball fields
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
0
B-
B-
B-
B-
B-
B-
(-
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
P
permitted uses)
Amusement establishment
C
C
Amusement establishment indoor only
C
P
C
C
Animal daycare center and kennels
C
C
C
C
0
Planning & Zoning Commission Meeting February 23, 2017
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
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
Planning & Zoning Commission Meeting February 23, 2017
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
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
Planning & Zoning Commission Meeting February 23, 2017
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
P
P
P
P
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)
Planning & Zoning Commission Meeting February 23, 2017
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
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
P
Motorcycle, snowmobile, or personal
C
watercraft sales
Planning & Zoning Commission Meeting February 23, 2017
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
Pet shops and grooming establishments
P
P
P
P
Petroleum tank farm and related
C
accessory 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
Plastics processing
C
Post office
P
P
P
P
Printing and duplicating
P
P
P
P
Printing and publishing establishments
P
IN
C
Planning & Zoning Commission Meeting February 23, 2017
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
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
Planning & Zoning Commission Meeting February 23, 2017
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
P
P
facilities
Watchman's quarters
P
P
P
P
P
Wholesale establishment
P
P
Planning & Zoning Commission Meeting February 23, 2017
14.2205: ACCESSIBLE PARKING REQUIREMENTS:'t'
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 and Markings: Each accessible parking stall shall measure sixteen feet (16')
wide, including either an eight -foot (8') or five-foot (5') wide diagonally striped access
aisle. The access aisle shall be located on either side of the vehicle space except for
angled parking spaces, which shall have the access aisle located on the passenger
side of the vehicle space. High-quality yellow paint, manufactured especially for
pavement striping, must be used. Adjacent accessible parking spaces cannot share
access aisles. The standard length of accessible parking stalls shall be the same as
all other parking stalls.
B. Number: All parking lots required by this chapter shall provide the following number
of accessible parking stalls:
TABLE 1
Total Number Of Total Minimum Number Of
Parking Spaces Provided Accessible Parking Spaces Required
1 -25
1
26-50
2
51 -75
3
76-100
4
101 -150
5
151 -200
6
201 -300
7
301 -400 .... ....
....
.... .... .... ..8 .... .... .... ....
401 -500
9
501 -1,000
2 percent total parking provided
1,001 and over
20 plus 1 for each 100 over 1,000
Planning & Zoning Commission Meeting February 23, 2017
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)
Planning & Zoning Commission Meeting February 23, 2017
DEFINITIONSu
14.2401: PURPOSE:
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 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.
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
Planning & Zoning Commission Meeting February 23, 2017
the transmission or reception of electromagnetic rays, external to or attached to the
exterior of any structure.
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.
Planning & Zoning Commission Meeting February 23, 2017
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.
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
Planning & Zoning Commission Meeting February 23, 2017
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 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.
Planning & Zoning Commission Meeting February 23, 2017
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 15.1038 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
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
Planning & Zoning Commission Meeting February 23, 2017
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
percent (50%) of its surface area as open space of uniform distribution, when viewed
from a right angle.
Planning & Zoning Commission Meeting February 23, 2017
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.
GARAGE: A structure designed to house motor vehicles and to store items and
Planning & Zoning Commission Meeting February 23, 2017
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
Planning & Zoning Commission Meeting February 23, 2017
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.
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
Planning & Zoning Commission Meeting February 23, 2017
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
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.
Planning & Zoning Commission Meeting February 23, 2017
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.
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.
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.
Planning & Zoning Commission Meeting February 23, 2017
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 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, 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.
Planning & Zoning Commission Meeting February 23, 2017
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 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
Planning & Zoning Commission Meeting February 23, 2017
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.
Planning & Zoning Commission Meeting February 23, 2017
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. Such a triangle shall have legs of ten feet (10') along the rights
Planning & Zoning Commission Meeting February 23, 2017
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.
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
Planning & Zoning Commission Meeting February 23, 2017
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 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.
Planning & Zoning Commission Meeting February 23, 2017
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 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)
Planning & Zoning Commission Meeting February 23, 2017
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.
�5.1 i " v ix Foot Fences: Fences up to 4v& -.six -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.
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.
Chapter 14, Article III General Provisions
Comment []Sl]: This amendment would
change the standard permitted fence height in
the Village from five feet (5') tall to six feet (6')
tall. Six foot (6') tall fences are standard at
hardware stores: building a five-foot (5) tall
fence comes at an added expense because to
do so requires cutting a six foot (6') tall fence
down to size or a custom order.
Planning & Zoning Commission Meeting February 23, 2017
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.
.s-. . r .-yai,
Comment []S2]: This section is no longer
needed, resulting in every section hereafter
being appropriately renumbered.
v+tl rr v' eine (i " kis -Gf
--er-PeaaF --Names-
T. -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.
fig. 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.
94-0. Utility Easements: The construction of fences in utility easements is subject to
the condition of the easement.
Chapter 14, Article III General Provisions
Planning & Zoning Commission Meeting February 23, 2017
.10-1-1. 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.
Chapter 14, Article III General Provisions
Planning & Zoning Commission Meeting February 23, 2017
14.504: STANDARDS FOR PLANNED UNIT DEVELOPMENTS: ....:ii lEJ
Except as provided below, no planned unit development shall be approved unless the development
meets the standards for conditional uses, and the standards set forth in this section:
A. General Standards:
1. Except as modified by and approved in the final planned unit development plan, the proposed
development complies with the regulations of the district or districts in which it is to be located.
2. The principal use in the proposed planned unit development is consistent with the
recommendations of the comprehensive plan of the village for the area containing the subject
site.
3. The proposed planned unit development is in the public interest and is consistent with the
purposes of this zoning ordinance.
4. The streets have been designed to avoid:
a. Inconvenient or unsafe access to the planned unit development;
b. Traffic congestion in the streets which adjoin the planned unit development;
c. An excessive burden on public parks, recreation areas, schools, and other public facilities
which serve or are proposed to serve the planned unit development.
B. Standards For Planned Unit Developments With Use Exceptions: The ordinance approving the
final development plan for the planned unit development may provide for uses in the planned
development not allowed in the underlying district, provided the following conditions are met:
1. Proposed use exceptions enhance the quality of the planned unit development and are
compatible with the primary uses.
2. Proposed use exceptions are not of a nature, nor are located, so as to create a detrimental
influence in the surrounding properties.
3. Proposed use exceptions shall not represent more than forty percent (40%) of the total floor
area. However, in a residential planned unit development area no more than ten percent
(10%) of the site area or the total floor area shall be devoted to commercial use. No industrial
use shall be permitted within a residential planned unit development.
C. Standards For Planned Unit Developments With Other Exceptions: The village board may
approve planned unit developments which do not comply with the requirements of the underlying
zoning district's regulations governing lot area, lot width, bulk regulations, parking and sign
regulations, or which require modification of the subdivision design standards when such
approval is necessary to achieve the objectives of the proposed planned unit development, but
only when the board finds such exceptions are consistent with the following standards:
1. Any reduction in the requirements of this chapter is in the public interest.
Planning & Zoning Commission Meeting February 23, 2017
2. The proposed exceptions would not adversely impact the value or use of any other property.
3. Such exceptions are solely for the purpose of promoting better development which will be
beneficial to the residents or occupants of the planned unit development as well as those of
the surrounding properties.
4. In residential planned unit developments the maximum number of dwelling units allowed per
acre shall not exceed eii..:
r acre..... .. e.....diMir.i.c:t.... -forty eight (48) units
per acre for developments incorporating senior housing or assisted living facilities.
5. All buildings are to be located within the planned unit development in such a way as to
dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the
occupants of such buildings and shall conform to the following:
a. The front, side or rear yard setbacks on the perimeter of the development shall not be less
than that required in the abutting zoning district(s) or the zoning district underlying the
subject site, whichever is greater.
b. All transitional yards and transitional landscape yards of the underlying zoning district are
complied with.
c. If required transitional yards and transitional landscape yards are not adequate to protect
the privacy and enjoyment of property adjacent to the development, the planning and
zoning commission shall recommend either or both of the following requirements:
(1) All structures located on the perimeter of the planned unit development must be set
back by a distance sufficient to protect the privacy and amenity of adjacent existing uses;
(2) All structures located along the entire perimeter of the planned unit development must
be permanently screened with sightproof screening in a manner which is sufficient to
protect the privacy and amenity of adjacent existing uses.
d. The area of open space provided in a planned unit development shall be at least that
required in the underlying zoning district.
D. Open Space Requirements For Residential Planned Unit Developments: A minimum of forty
percent (40%) of the total lot coverage of a residential planned unit development in the R-1, R-2,
R-3, R-4 zoning districts, shall be devoted to open space. Open space shall be limited to the
following items:
1. Recreation open space, as follows:
a. Swimming pools;
b. Tennis courts;
c. Recreation buildings;
d. Natural water features, wetlands and conservation areas;
Planning & Zoning Commission Meeting February 23, 2017
e. Stormwater management areas, such as retention/detention ponds which are accessible to
occupants via nature trails, boardwalks and/or walkways. Such stormwater management
areas shall be designed as natural water features and landscaped to meet the village's
landscape requirements specified in section ,14„2304 of this chapter;
f. Playgrounds;
g. Walking orjogging trails;
h. Other recreation spaces requiring permanent structures on the property other than principal
buildings. May include, but are not limited to, gazebos, pergolas and patios.
2. Private yards and courts adjoining residential yards.
3. The combined area of retention ponds, natural water features, wetlands, and conservation
areas shall not exceed fifty percent (50%) of the required open space coverage of a
residential planned unit development.
4. Buffer open space:
a. Buffer yard areas around the perimeter of adjoining properties.
b. Interior and perimeter parking lot open space.
E. Changes In The Planned Unit Development: A planned unit development shall be developed only
according to the approved and recorded final plan and all supporting data. The recorded final
plan and supporting data together with all recorded amendments shall be binding on the
applicants, their successors, grantees and assigns and shall limit and control the use of
premises (including the internal use of buildings and structures) and location of structures in the
planned unit development as set forth therein.
Major Changes: Changes which alter the concept or intent of the planned unit development
including increases in the density, change in location and types of nonresidential land uses,
increases in the height of buildings, reductions of proposed open space, changes in proportion
of housing types, changes in road standards or changes in the final governing agreements,
provisions, or covenants, may be approved only by submission of a new preliminary plan and
supporting data, and following the preliminary approval steps and subsequent amendment of
the final planned unit development plan.
2. Minor Changes: The village manager, after recommendation from the community development
director, may approve changes in the planned unit development which do not change the
concept or intent of the development, without going through the "preliminary approval" steps.
"Minor changes" are defined as any change not defined as a major change. Minor changes
may include, but are not limited to, items like revisions in landscape plans, building elevations
or utility plans. The village manager may also choose to schedule the minor change for review
by the village board.
F. Schedule Of Construction: The village board shall consider the planned unit development subject
to revocation if construction falls more than one year behind the schedule filed with the final plan,
or exceeds five (5) years. The developer shall be notified prior to any revocation action. It shall
be considered notification if notice is sent via registered or certified mail to developer's last
Planning & Zoning Commission Meeting February 23, 2017
known address. Extensions in the building schedule may be granted by the village board. (Ord.
4590, 9-21-1993; amd. Ord. 5000, 3-16-1999; Ord. 5219, 11-6-2001; Ord. 5751, 8-4-2009; Ord.
6112, 12-17-2013)
Planning & Zoning Commission Meeting February 23, 2017
14.604: LAND USE TABLES: 'I EA
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
C- I R- R- R I R- I R- I R -
Comment []Si]: This would require PUD
approval for more than one principal building on
a lot.
Comment []S2]: Circular/dual frontage
driveways are permitted by right in Section
14.2204.A.10 of the Village Code as long as
certain minimum requirements are met. This
land use table needs to be updated to reflect
that.
Planning & Zoning Commission Meeting February 23, 2017
Daycare home
P
P
FP_
P
P
P
Detention or retention facilities
C
Dormitory accommodations
C.
CFC.
C
C
Elementary schools
P'
. P'
P
_ P'
P'
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
FP
P
P
P
Garages for parking of commercial vehicles
FC
C
Golf courses
P
F
......
Group community residence
C
CFC
C
C
C
High schools
P1....
P1
C P
P1
P1
Home occupations
P
P
FP_
P
P
P
Libraries .... .... .... .... .... ....
....
C
C
FC
C
C
........
Lighted ball fields
C
More than 1 garage
C
C
C
C
Multi -family dwellings
r
P
P.
Municipal buildings
P1....
P1
C P'
P1
P1
Museums
C
C.
CFC_
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
P1
. P'
P'
P'
P'
Public recreational facilities
C
P
Planning & Zoning Commission Meeting February 23, 2017
Recreational complexes
C
Rehabilitation homes
C....
CFC_
C
C
C
Residential planned unit developments
C
CFC
C
C
Senior housing when approved as part of a PUD
C
C
Single-family detached dwellings
P
P
FP
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
C
C
C
family residence
.....
Unlighted ball fields
P
F
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
Planning & Zoning Commission Meeting February 23, 2017
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
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
Planning & Zoning Commission Meeting February 23, 2017
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
Computer offices and facilities
P
P
P
P
P
P
P
Computer sales, service and
P
P
P
P
accessories
Concrete fabrication
C
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
Planning & Zoning Commission Meeting February 23, 2017
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
P
P
P
P
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
storage)
Planning & Zoning Commission Meeting February 23, 2017
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
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
watercraft sales
Planning & Zoning Commission Meeting February 23, 2017
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
Pet shops and grooming establishments
P
P
P
P
Petroleum tank farm and related
C
accessory 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
Plastics processing
C
Post office
P
P
P
P
Printing and duplicating
P
P
P
P
Printing and publishing establishments
Planning & Zoning Commission Meeting February 23, 2017
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
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
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
Planning & Zoning Commission Meeting February 23, 2017
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
Unique Use
C
C
C
C
C
C
C
C
Warehouse, distribution and storage
P
P
facilities
Watchman's quarters
P
P
P
P
P
Wholesale establishment
P
P
Planning & Zoning Commission Meeting February 23, 2017
14.2205: ACCESSIBLE PARKING REQUIREMENTS: !l l
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:
Size_ and Markin : Each accessible parking stall shall measure sixteen feet (16')
{
wide, ee- includin. eitherGf an eight --foot (8') wide or five-foot (5')
wide diagonally striped access aisle. The
access aisle shall be located on either side of the vehicle space except for an led
parking spaces, which shall have the access aisle located on the passenger side of
the vehicle sace, Adjacent accessible parking spaces cannot share access aisles.
The standard length of accessible parking stalls shall be the same as all other
parking stalls.
B. Number: All parking lots required by this chapter shall provide the following number
of accessible parking stalls:
TABLE 1
Total Number Of
Total Minimum Number Of
Parking Spaces Provided
Accessible Parking Spaces Required
1 -25
1
26-50
2
51 -75
3
76- 100
4
101 -150
5
151 -200
6
201 -300
7
301 -400
8
401 -500
9
501 -1,000
2 percent total parking provided
1,001 and over 20 plus 1 for each 100 over 1,000
Comment []S1]: The proposed amendments
to this section would bring our code in line with
size and marking standards set by the Illinois
Accessibility Code.
Planning & Zoning Commission Meeting February 23, 2017
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,
5-4-2009; Ord. 6112, 12-17-2013)
Planning & Zoning Commission Meeting February 23, 2017
DEFINITIONS' ulLEJ
14.2401: PURPOSE:
14.2401: PURPOSE:t lIEJ
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.
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
Planning & Zoning Commission Meeting February 23, 2017
the transmission or reception of electromagnetic rays, external to or attached to the
exterior of any structure.
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.
Planning & Zoning Commission Meeting February 23, 2017
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.
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
Planning & Zoning Commission Meeting February 23, 2017
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 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.
Planning & Zoning Commission Meeting February 23, 2017
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 15.1038 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
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
Planning & Zoning Commission Meeting February 23, 2017
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
percent (50%) of its surface area as open space of uniform distribution, when viewed
from a right angle.
Planning & Zoning Commission Meeting February 23, 2017
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.
FENCEIWALL: 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.
GARAGE: A structure designed to house motor vehicles and to store items and
Planning & Zoning Commission Meeting February 23, 2017
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
Planning & Zoning Commission Meeting February 23, 2017
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.
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
Planning & Zoning Commission Meeting February 23, 2017
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
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.
Planning & Zoning Commission Meeting February 23, 2017
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.
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.
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.
Planning & Zoning Commission Meeting February 23, 2017
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 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, 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.
Planning & Zoning Commission Meeting February 23, 2017
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 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
Planning & Zoning Commission Meeting February 23, 2017
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.
Planning & Zoning Commission Meeting February 23, 2017
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 .....ii..v:. ng4g.i aGrow
Planning & Zoning Commission Meeting February 23, 2017
s �e ash 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.
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
Planning & Zoning Commission Meeting February 23, 2017
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 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.
UNIFORMITY RATIO: The average or maximum level of illumination in relation to the
lowest 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
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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 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)
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ -02-17
PROPERTY ADDRESS:
PETITIONER:
PUBLICATION DATE:
REQUEST:
MEMBERS PRESENT
MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
INTERESTED PARTIES:
Hearing Date: February 23, 2017
50 S. Emerson Street
Village of Mount Prospect
February 8, 2017
Code Amendments to Chapter 14 of the Village Code
Agostino Filippone
William Beattie
Keith Youngquist
Norbert Mizwicki
Joseph Donnelly, Chair
Sharon Otteman
Thomas Fitzgerald
Consuelo Arguilles- Deputy Director of Community
Development
Jason Shallcross- Development Review Planner
Consuelo Arguilles- Deputy Director of Community
Development
Jason Shallcross- Development Review Planner
Chairman Donnelly called the meeting to order at 7:30. Commissioner Beattie made a motion seconded
by Commissioner Youngquist to approve of the minutes from the Planning and Zoning Commission
meeting on January 26, 2017. The minutes were approved 4-0 with Commissioner Mizwicki abstaining.
Mr. Shallcross stated that the Village is proposing several text amendments to the Zoning Ordinance of
the Village Code.
He explained the first amendment to Article V, Section 14.504 -Planned Unit Developments. He stated
that Zoning Ordinance currently limits the maximum density in the B5C district to 80 units per acre
regardless of the size of the dwelling unit. This regulation applies to condominium units that are typically
over 1,000 square feet in size; however, Staff feels this would significantly limit the construction of rental
apartments in the downtown district as rental apartments typically include units as small as 500 square
feet per unit. Staff is recommending eliminating the maximum permitted density in the B5C zoning
district. A project's density would be reviewed on a case by case basis as Planned Unit Developments.
Mr. Shallcross stated the next proposed text amendment is to Article VI: Land Use Table L He stated the
residential land use table currently does not include planned unit developments for religious institutions.
However, it is not uncommon for religious institutions to consist of more than one principal building.
Many religious institutions throughout the Village have multiple buildings on a lot. Staff is
Planning and Zoning Commission- February 23, 2017 PZ -02-17
Joseph Donnelly- Chair
2
recommending adding a line item to the land use table to make it clear that religious institutions
consisting of more than one principle structure on a zoning lot requires conditional use approval for a
planned unit development (PUD). This would be consistent with the general provisions of the Zoning
Ordinance which indicate that more than one principal building on a lot is not permitted, except in the
case of a PUD.
He further explained another change to the land use table that is needed as a result of the code updates
that took place last year. The land use table still indicates conditional use approval is required for circular
driveways in residential districts when conditional use approval is no longer required. The requirement
for conditional use approval was eliminated in last year's code updates. Circular/dual frontage driveways
are permitted by right in Section 14.2204.A.10 of the Village Code as long as certain minimum
requirements are met; therefore the land use table needs to be amended to eliminate the conditional use
requirement.
Mr. Shallcross explained the next proposed text amendment to Article 111, Section 14.318 Fences and
Walls. He stated the Village Code limits the height of fences in residential zoning districts to five feet
(5'), with some exceptions allowing for 6'. However, the majority of fences available at home
improvement stores come in standard four feet (4') or six feet (6') tall sections. This has required
residents to custom order a fence or cut six foot (6') tall fence sections down by one foot in order to meet
Village Code. Staff is recommending increasing the permitted residential fence height from five feet (5')
to six feet (6'). This would alleviate the extra cost and/or work required of homeowners to comply with
code.
Mr. Shallcross further stated that during his research he spoke to the managers at the home improvement
stores in Mount Prospect regarding the price increase of custom fence orders and the cost of cutting six
foot (6') fence sections down to five feet (5'). He further explained, that he found the price increases
about twenty-five percent (25%) for these orders; and that about eighty percent (80%) of the fence orders
are custom orders or orders of six foot sections needing to be cut down to five feet.
Mr. Shallcross showed a table consisting of surrounding municipalities and their fence height
requirements. Majority of the municipalities have a six foot (6') fence height requirement.
The next proposed text amendment is to Article XXIL• Off Street Parking and Loading. Mr. Shallcross
stated the accessible parking requirements currently require an eight foot (8') wide access aisle as part of
the sixteen foot (16') wide accessible parking space. Staff is recommending updating this regulation to
allow for either an eight foot (8') wide access aisle or a five foot (5') wide access aisle. This would be
consistent with the Illinois Accessibility Code, which allows for either.
Mr. Shallcross stated the next proposed text amendment is to Article XXIV: Definitions. He stated, Staff
is recommending modifying the sight -triangle definition to better define the area that is considered a
sight -triangle and remove any reference to what structures or landscaping can be located within the sight -
triangle. Fence and landscape regulations are provided in Chapter 14 and in Chapter 9 of the Village
Code. Staff is not recommending any changes to the code provisions.
Mr. Shallcross stated the standards for Text Amendments including 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
Planning and Zoning Commission- February 23, 2017 PZ -02-17
Joseph Donnelly- Chair
• Consistency of the amendment with Village policy as established by previous rulings.
Mr. Shallcross stated that 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
proposed changes are intended to reflect current Village objectives as outlined in the Comprehensive
Plan, other accepted planning documents, and the goals outlined in the strategic plan. The proposed
amendments satisfy the standards for text amendments as required in the zoning code.
He further explained, Staff finds that the proposed text amendments meet the standards contained in
Section 14.203 (D) of the Zoning Ordinance and that granting such request would be in the best interest
of the Village. Based on these findings, Staff recommends that the Planning and Zoning Commission
make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and
recommend approval of the following motion:
"To approve the proposed text amendments to the Village Zoning Ordinance."
He started that the Village Board's decision is final for this case.
Commissioner Beattie asked Staff to clarify the language regarding fence and landscape regulations that
is provided in Chapter 14 & Chapter 9 and how it relates to the site triangle definition being proposed.
Mrs. Arguilles stated that the landscape provisions within Chapter 14 pertain to non -single family
residential lots such as commercial or multi -family developments and they require landscape
requirements which are explained in Chapter 14 but don't apply to single family residential lots. She
further stated the there are other chapters in the Village Code that explain the landscape requirements for
single family residential lots. She stated that the proposed amendment is a clean-up item to the definition.
Commissioner Beattie said he understood; however he wants to know the regulations regarding
landscaping and fences. He is concerned that the proposed amendment is taking away the regulations the
height of plantings in the site triangles.
Mrs. Arguilles explained that regulatory provisions are provisions within an article versus in the
definition and the proposed is just a clean-up item. She further explained within Chapter 14 there aren't
any landscape provisions for single family lots that limit the height of landscaping on private property.
Mrs. Arguilles continued to comment that it is very common to see plantings within site triangles on
single family lots within the Village of Mount Prospect. She further explained that the Village regulates
fence height within the site triangle which is limited to three (3) feet when there is a driveway and
walkway on private property. This aspect of the code is not changing.
Mrs. Arguilles stated that in the future the Village will be looking to see if the code needs to be amended
to address concerns; however, there is existing language in Chapter 9 that regulate plantings in public
right of way areas within site triangles which also has its own separate definition of a site triangle which
is different from the definition in Chapter 14.
Commissioner Beattie asked what the regulations are for the plantings.
Mrs. Arguilles stated that the regulations in Chapter 14 don't pertain to single family lots.
Planning and Zoning Commission- February 23, 2017 PZ -02-17
Joseph Donnelly- Chair
4
Chairman Donnelly clarified that the proposed amendment is to clean up the current definition to be
consistent; however, the requirements are different for single family lots and other properties. The single
family homes don't have a limitation for landscape within the site triangle.
Mrs. Arguilles stated that the regulations in Chapter 14 only apply to fence height not landscaping on
single family lots.
Chairman Donnelly clarified that changing the definition doesn't change the current requirements.
Mrs. Arguilles stated that was correct.
Commissioner Beattie asked Staff to address the concerns from the public.
Mrs. Arguilles stated that Staff received concerns regarding the site triangle and those comments will be
forwarded on to the Village Board for further discussion but from a zoning perspective, Staff is looking to
better define "site triangle" within Chapter 14. If changes need to be made to the regulations, it would
have to be done in the future.
Commissioner Youngquist stated that he concerned residents will increase their five foot (5') fences to six
foot (6') if the proposed amendment is passed.
Mrs. Arguilles stated that a permit would be required and Staff would take a look at the proposals as part
of the building permit process.
There was general discussion between board members about the concern of residents adding additional
material to their already existing five (5) foot fences in order to make them six feet (6').
Commissioner Filippone asked if Commissioner Youngquist's concerns could be addressed at the
meeting and how it would the voting process proceed.
Mrs. Arguilles stated that the proposed amendment is only related to the fence height. She further
explained that the Commission can vote on what is being proposed or amend the motion to include a
condition prohibiting alterations of existing fences in order to make them six feet (6').
Commissioner Youngquist explained that he would like the Village Board to hear his concern about the
issue before they make the final decision.
Hearing no further questions for Staff from the Commission, Chairman Donnelly opened the hearing to
the public.
Chairman Donnelly swore in Gerald Farley, 116 North Emerson Street Mount Prospect, Illinois.
Mr. Farley stated his concerns in regards to increasing the fence height to six feet (6'). He stated that six
foot fences aren't as "friendly" as five foot fences and those interior lots could be enclosed by six foot
fences which may not be desirable to the homeowners. He stated that the current regulations have served
the community well and that the current code allows six foot fences along major roadways or parking lots.
Mr. Farley further stated that the untreated side of the fence usually faces out towards other properties and
the treated side faces in towards the homeowners yard.
He thanked the commissioners for their time and consideration.
Chairman Donnelly swore in Joseph Plato 210 S. Wille Street, Mount Prospect, Illinois.
Planning and Zoning Commission- February 23, 2017 PZ -02-17
Joseph Donnelly- Chair
Mr. Plato spoke on behalf of Iden Brae who emailed his concerns regarding the site triangle to the
Commission for review. He was unable to attend the meeting.
Mr. Plato stated that he is a safety engineer and is confused as to why the Village wants to remove
language from the definition without fixing the provision first to ensure that the language isn't lost in the
code. He stated that it would make more sense if the process was reversed and a provision was added that
would make landscaping and fencing equal in the site triangle area and then remove the language from
the definition.
Mr. Plato read Mr. Brae's proposed version of the site triangle definition as follows:
"Triangular area established at the intersection of two streets or a street and a driveway which is
established to provide visibility around the corner to pedestrians, cyclists and motorists. Such triangle
should have legs of ten feet (10') along the rights of way when two streets intersect or when a right of
way or driveway intersect."
Mr. Plato further asked why the Village is not enforcing the current height regulations in the site triangles
and will removing the definition help enforce it.
Mrs. Arguilles reiterated that the provisions within the chapters are different from the definition. She
stated the item before the Commission is strictly the definition within Chapter 14 which needs to be
"cleaned up" to be consistent of how it has been used. Chapter 14 doesn't have provisions pertaining to
private property on single family lots.
Mrs. Arguilles further explained that the concerns of the public regarding provisions of regulations are
worthy of further discussion but the item before the commission is strictly the definition in Chapter 14.
Chairman Donnelly asked if there were any discussions of including regulations of Chapter 14 for site
triangle in single family lots.
Mrs. Arguilles stated there have been some internal discussions with staff regarding the comments
received about the site triangle. She stated that more in depth discussions need to take place before any
changes can be proposed and that currently just the definition needs to be cleaned up.
Commissioner Beattie asked Staff how the Village can address the concerns of the public.
Mrs. Arguilles stated that the Village's traffic engineer has sent letters to homeowners who have
landscaping obstructing visibility in the site triangle.
Mr. Plato stated that there should be consistency for both fence height and planting height.
Mrs. Arguilles stated that the Commission can decide to make separate motions regarding each item if
they don't want to make a decision on all of the proposed text amendments together as a whole.
Commissioner Youngquist stated he understands why the legal reason the language is being removed
from the definition regarding landscaping and obstructions.
Mrs. Arguilles stated that there will be representation from the Village's legal department at the Village
Board Meeting.
There was some general discussion between the commission members regarding the difficulty of
regulating landscaping on private property.
Planning and Zoning Commission- February 23, 2017 PZ -02-17
Joseph Donnelly- Chair
Commissioner Filippone asked for clarification about the voting process since there is significant concern
about the site triangle item.
Chairman Donnelly stated the motion can be approved regarding the definition and have Staff work on
recommendations for requirements which will have to be requested by Village Board.
Commissioner Youngquist stated that Mr. Brae's proposed definition has similar issues as the current
definition.
Mr. Plato stated his overall goal is to clarify the regulations and fix the issue.
Commissioner Youngquist stated the Planning and Zoning Commission can only recommend approval or
denial and that Village Board has the final decision.
Hearing no further questions from the public Chairman Donnelly closed the public portion of the meeting
and brought the discussion back to the board.
Mrs. Arguilles stated that the Commission can vote as the motion has been presented or individually.
Chairman Donnelly stated they will vote on each one individually.
Commissioner Beattie made a motion seconded by Commissioner Filippone to approve the following
motion:
"To approve the text amendment to Article V, Section 14.504 —Planned Unit Developments."
UPON ROLL CALL AYES: Beattie, Youngquist, Filippone, Mizwicki, Donnelly
NAYS: None
The motion was approved 5-0 with a positive recommendation to Village Board.
Commissioner Beattie made a motion seconded by Commissioner Mizwicki to approve the following
motion:
"To approve the text amendment to Article VI: Land Use Table I."
UPON ROLL CALL AYES: Beattie, Youngquist, Filippone, Mizwicki, Donnelly
NAYS: None
The motion was approved 5-0 with a positive recommendation to Village Board.
Commissioner Filippone made a motion seconded by Commissioner Beattie to approve the following
motion:
"To approve the text amendment to Article XXII: Off-street Parking and Loading."
UPON ROLL CALL AYES: Beattie, Youngquist, Filippone, Mizwicki, Donnelly
NAYS: None
The motion was approved 5-0 with a positive recommendation to Village Board.
Planning and Zoning Commission- February 23, 2017 PZ -02-17
Joseph Donnelly- Chair
Commissioner Beattie made a motion seconded by Commissioner Youngquist to approve the following
motion:
"To approve the text amendment to Article XXIV: Definitions."
There was general discussion regarding the need for additional regulations to be defined in the code
regarding site triangles in single family lots. It was decided between Staff and the Commission that the
motion presented will have to be voted on and that Staff will include the comments to Village Board that
were discussed at the hearing regarding the provisions needed.
UPON ROLL CALL AYES: None
NAYS: Beattie, Youngquist, Filippone, Mizwicki, Donnelly
The motion was disapproved 5-0 with a negative recommendation to Village Board.
Commissioner Beattie made a motion seconded by Commissioner Youngquist to approve the following
motion:
"To approve the text amendment to Article 111, Section 14.318 Fences and Walls."
There was general discussion between the board regarding the concern of increasing the height of fences
to six feet (6'). They stated it would increase the separation between neighbors.
UPON ROLL CALL AYES: Beattie
NAYS: Youngquist, Filippone, Mizwicki, Donnelly
The motion was disapproved 4-1 with a negative recommendation to Village Board.
Hearing no further discussion or citizens to be heard, Commissioner Beattie made a motion seconded by
Commissioner Filippone and the meeting was adjourned at 8:30 pm.
Jenna Moder
Administrative Assistant
Planning and Zoning Commission- February 23, 2017 PZ -02-17
Joseph Donnelly- Chair
Village of Mount Prospect
Community Development Department
MEMORANDUM
TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION
JOSEPH P. DONNELLY, CHAIRPERSON
FROM: CONSUELO ARGUILLES, DEPUTY COMMUNITY DEVELOPMENT DIRECTOR
DATE: FEBRUARY 13, 2017
HEARING DATE: FEBRUARY 23, 2017
SUBJECT: PZ -02-17 / TEXT AMENDMENTS TO CHAPTER] 4 OF THE VILLAGE CODE /
VILLAGE OF MOUNT PROSPECT - APPLICANT
BACKGROUND
A public hearing has been scheduled for the February 23, 2017 Planning & Zoning Commission meeting to
review the application by the Village of Mount Prospect (the "Petitioner") regarding proposed amendments to the
Zoning Ordinance (Chapter 14) of the Village Code.
The P&Z hearing was properly noticed in the February 8, 2017 edition of the Daily Herald Newspaper.
SUMMARY OF PROPOSAL
To meet the strategic goals and needs of the community while fostering a business -friendly environment, the
Community Development Department is recommending the following text amendments to the zoning ordinance
of the Village Code:
Article III, Section 14.318 Fences and Walls
The Village Code limits the height of fences in residential zoning districts to five feet (5'), with some exceptions
allowing for 6'. However, the majority of fences available at home improvement stores come in standard four
feet (4') or six feet (6') tall sections. This has required residents to custom order a fence or cut six foot (6') tall
fence sections down by one foot in order to meet Village Code. Staff is recommending increasing the permitted
residential fence height from five feet (5') to six feet (6'). This would alleviate the extra cost and/or work
required of homeowners to comply with code.
Article V, Section 14.504 Planned Unit Developments
The Zoning Ordinance currently limits the maximum density in the 135C district to 80 units per acre regardless of
the size of the dwelling unit. This regulation applies well to condominium units that are typically over 1,000
square feet in size but would significantly limit the construction of rental apartments in the downtown district as
rental apartments typically include units as small as 500 square feet per unit. Staff is recommending eliminating
the maximum permitted density in the B5C zoning district. A project's density would be reviewed on a case by
case basis as Planned Unit Developments.
PZ -02-17
Planning & Zoning Commission Meeting February 23, 2017
Article VL- Land Use Table I
Page 2
The residential land use table currently does not include planned unit developments for religious institutions.
However, it is not uncominon for religious institutions to consist of more than one principal building. Many
religious institutions throughout the Village have multiple buildings on a lot. Staff is recommending adding a line
item to the land use table to make it clear that religious institutions consisting of more than one principle structure
on a zoning lot requires conditional use approval for a planned unit development (PUD). This would be consistent
with the general provisions of the Zoning Ordinance which indicate that more than one principal building on a lot
is not permitted, except in the case of a PUD.
Another change to the land use table is needed as a result of the code updates that took place last year. The land
use table still indicates conditional use approval is required for circular driveways in residential districts when
conditional use approval is no longer required. The requirement for conditional use approval was eliminated in
last year's code updates. Circular/dual frontage driveways are permitted by right in Section 14.2204.A.10 of the
Village Code as long as certain minimum requirements are met, therefore the land use table needs to be amended
to eliminate the conditional use requirement.
Article XXII.• Off-street Parking and Loading
The accessible parking requirements currently require an eight foot (8') wide access aisle as part of the sixteen
foot (16') wide accessible parking space. Staff is recommending updating this regulation to allow for either an
eight foot (8') wide access aisle or a five foot (5') wide access aisle. This would be consistent with the Illinois
Accessibility Code, which allows for either.
Article XXIV.• Definitions
Staff is recommending modifying the sight -triangle definition to better define the area that is considered a sight -
triangle and remove any reference to what structures or landscaping can be located within the sight -triangle.
Fence and landscape regulations are provided in Chapter 14 and in Chapter 9 of the Village Code. Staff is not
recommending any changes to the code provisions.
The proposed text amendments to the zoning code are contained in the attached documents. Modifications to
each section are indicated as Elo'�n and additions.
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 proposed changes are intended to reflect
current Village objectives as outlined in the Comprehensive Plan, other accepted planning documents, and the
goals outlined in the strategic plan. The proposed amendments satisfy the standards for text amendments as
required in the zoning code.
RECOMMENDATION
Staff finds that the proposed text amendments meet the standards contained in Section 14.203 (D) of the Zoning
Ordinance and that granting such request would be in the best interest of the Village. Based on these findings,
PZ -02-17
Planning & Zoning Commission Meeting February 23, 2017
Page 3
Staff recommends that the Planning and Zoning Commission make a motion to adopt staffs findings as the
findings of the Planning and Zoning Commission and recommend approval of the following motion:
"To approve the proposed text amendments to the Village Zoning Ordinance."
The Village Board's decision is final for this case.
I concur:
William J. Cooney, AICP
Director of Community Development
11 PLANT I—mg & Z -mg (AMM P&Z 2017 SIA R,p,ns\PZ-02-17 50 S. Emcrvnn St—L (Chpta 14-T— Ammdmm1,).d,—
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14 "ZONING" 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 14.318 "Fences and Walls," of 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:
14.318: 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. Six Foot Fences: Fences up to six feet (6') 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.
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. 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.
8. 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.
9. Utility Easements: The construction of fences in utility easements is subject to the
condition of the easement.
10. 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 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 day of , 2017
Arlene A. Juracek, Village President
ATTEST:
Deputy Village Clerk
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14 "ZONING" 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 14.2401, "Purpose," of Article XXIV, "Definitions," to Chapter 14,
"Zoning," to the Mount Prospect Village Code shall be amended to read as follows:
SIGHT TRIANGLE: A triangular area established at the intersection of two (2) streets or
a street and a driveway. 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.
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 day of , 2017
Arlene A. Juracek, Village President
ATTEST:
Deputy Village Clerk