The URL can be used to link to this page

Home My WebLink AboutOrd 6286 12/06/2016 Amending Chapters 5, 7, 9, 14, 15, 16, 21, and 23 of the Village Code of Mount ProspectORDINANCE NO. 6286 AN ORDINANCE AMENDING CHAPTERS 5 "BOARDS AND COMMISSIONS," 7 "SIGN REGULATIONS," 9 "PUBLIC UTILITIES, PAVEMENT AND TREE REGULATIONS," 14 "ZONING", 15 "SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES," 16 "SITE CONSTRUCTION STANDARDS," 21 "BUILDING CODE," 23 "OFFENSES AND MISCELLANEOUS REGULATIONS" AND APPENDIX A OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Village of Mount Prospect is a home rule municipality as defined by Article VII, § 6 of the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire to make certain amendments to the Village Code of Mount Prospect as set forth below; and WHEREAS, pursuant to the authority granted under the Illinois Municipal Code and in accordance with home rule authority granted to home rule municipalities, the President and Board of Trustees of the Village of Mount Prospect approve the amendments as set forth below. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 5.504(E) "Jurisdiction" to Chapter 5 "Boards and Commissions" to Article V "Planning and Zoning" of the Mount Prospect Village Code shall be amended to read in its entirety as follows: E. To hear and decide all requests for variations, speGia' uses- and appeals pursuant to the village sign ordinance, chapter 7 of this code. SECTION 2: Chapter 7 "Sign Regulations" to the Mount Prospect Village Code shall be removed in its entirety and shall be replaced in its entirety as follows: Article I GENERAL 7.101: PURPOSE: The regulations of this Chapter are intended to coordinate the use, placement, physical dimensions, and design of all signs within the Village. The purpose of these regulations is to promote the public health, safety and welfare, and develop a satisfactory visual appearance with the Village by: 372461_2 A. Promoting the objectives, principles and standards identified in the Comprehensive Plan for commercial and industrial development; and B. Protecting the public from damage or injury caused by signs which are poorly designed or maintained and from distractions or hazards to pedestrians or motorists caused by the indiscriminate placement or use of signs; and C. Maintaining property values by eliminating signs that are incompatible with the surrounding land uses; and D. Encouraging a viable economic environment through uniform control of signs; and E. Facilitating effective communication between the public and the environment through signs which are appropriate for the type of street on which they are located; and F. Encouraging quality sign design to promote a better visual environment; and G. Enhancing the physical appearance of the Village through a program which ensures the removal of inadequately maintained, illegal and nonconforming signs within a reasonable time period. 7.102: SCOPE: The regulations of this chapter shall govern and control the erection, alteration, relocation, maintenance, removal and design of all signs within the village. Article II PROHIBITED AND EXEMPT SIGNS 7.201: PROHIBITED SIGNS: A. Traffic Hazard: Any sign which is determined by the director to constitute a traffic hazard by reason of size, location, design or type of illumination. B. Public Right Of Way: Any sign which is located in or which extends over the public right of way except as otherwise permitted under these regulations or authorized by the village board. C. Easements: Any permanent sign located over or upon a village utility or an easement without prior consent from the director of community development. D. Motion: Any sign which moves or assumes a nonstationary position by mechanical means except as otherwise permitted under these regulations or authorized by the village board, or under normal wind currents except as regulated herein. Example: feather signs, wavy inflatables or air dancers 372461_2 E. Portable: Portable signs as defined herein, except as otherwise permitted under these regulations or authorized by the village board. F. Painted Surfaces: Any sign painted directly on exterior building surfaces. G. Light Poles: Signs on light poles. H. Roof Signs: Signs which are attached or affixed to a roof and project above the ridgeline or parapet of a building. I. Pennants And Streamers: Pennants, streamers, tethered balloons, or stringed fringe. J. Inflatable Signs: Signs or other devices, which are inflated by cold air, hot air, or other inflatable gas. K. Signs On Parked Vehicles: Non -permanent signs placed on or affixed to vehicles and/or trailers which are parked on a public right of way, public property, or private property so as to be visible from a public right of way and used to attract attention to a business or activity located on the same or nearby property. 7.202: EXEMPT SIGNS: The following types of signs are exempted from the general provisions of this chapter and all permit requirements therein. See Article III for all other signs which shall be allowed only with permit and upon proof of compliance with Mount Prospect sign ordinance. A. Traffic Control: Signs for the control of traffic or other regulatory purposes including signs for the control of parking on private property, and official messages erected by, or on the authority of, a public officer in the performance of his duty. B. Public Information, Non -Commercial, Permanent: Signs required or specifically authorized by law or necessitated by public health or safety, in all zoning districts, provided the sign does not exceed two (2) square feet in area or as approved by the director. Examples: addresses, restroom identification, historical designation markers on a building C. Commercial Temporary: Signs located on the property, related to a temporary activity commercial in nature taking place on the property, provided: 1. Single -Family Residential Properties: a. The sign does not exceed ten (10) square feet in area b. The sign does not exceed six feet (6') in height c. No more than one sign per street frontage d. The sign shall be removed within 3 days after the sign no longer meets its intended purpose. 2. Other Properties: 372461_2 a. The sign does not exceed sixteen (16) square feet in area b. The sign does not exceed six feet (6') in height from the finished floor elevation of any relevant space. c. No more than one sign per street frontage d. The sign shall be located on private property and not attached to any parking light pole or tree e. For signs that further or relate to the primary use of the property, no freestanding signs are allowed. f. Multi -tenant properties shall attach the sign to the wall of their establishment g. The sign shall be removed within 3 days after the sign no longer meets its intended purpose, but in any event shall be up no longer than one year. Examples: Transaction related signs such as: for sale/lease, help wanted, garage sales, contractor signs, Monday hotdog special, special sales, $1 beers D. Non -Commercial Temporary: Signs located on the property provided: 1. Single Family Residential Properties: a. Total area of all such signs on a lot does not exceed sixteen (16) square feet b. Are allowed for a period not to exceed 90 days c. Signs are removed within three (3) days after the conclusion of a special event , except as otherwise required by state or federal law d. Signs that do not meet the temporal requirements of this subsection shall require a permit. 2. Other Properties: a. The sign does not exceed sixteen (16) square feet in area b. The sign does not exceed six feet (6') in height from the finished floor elevation of any relevant space c. No more than one sign per street frontage d. The sign must be located on private property and not attached to any parking light pole or tree e. Multi -tenant properties shall attach the sign to the wall of their establishment f. The sign shall be removed within 3 days after the sign no longer meets its intended purpose, but in any event shall be up no longer than 90 days. Examples: park district, school or church events, political signs, proud union home, holiday decorations E. Flags: 1. Single Family Residential Properties: A maximum of one flagpole, which shall not exceed twenty five feet (25') in height, shall be allowed per zoning lot. No more than two (2) flags shall be displayed on a single-family property at one time, and each flag shall not exceed a maximum size of three feet by five feet (3'x 5'). 372461_2 2. Other Properties: A maximum of three (3) flagpoles, with no more than two (2) flags on a pole, shall be allowed per zoning lot. For flags flown from a flagpole, such flagpole shall be a minimum of four (4) times the length of the flag. The maximum height however allowed for a flagpole shall not exceed the district's height limitations for principal structures. 3. General Requirements: In addition to the preceding limitations, the following restrictions shall apply to flags and flagpoles within all zoning districts: a. Flagpoles shall maintain a minimum setback of five feet (5') from any property line and are not allowed within a required interior side yard. b. Flags shall not exceed fifty (50) square feet in area. c. Flags shall be displayed in such a manner that no portion of the flag shall project over any property line or contact any structure when fully extended. d. Flags shall not be mounted on roofs. e. Display of flags of the United States shall conform to all applicable federal statutes regarding the use and display of the United States flag. f. Flags shall be displayed only on flagpoles or staffs designed and constructed specifically and exclusively for flag display. g. No flag shall be displayed or attached in any manner to light poles, sign poles, trees, or similar structures or objects. These restrictions shall not apply to flags located within public rights of way. h. Wall mounted flags shall be displayed from flagpoles not to exceed ten feet (10') in length, and such poles shall not extend above the roofline. i. Flags shall be maintained in an orderly fashion and in good condition. Tattered or torn flags shall be removed or replaced. F. Non -Commercial Notice Board: Sign affixed to a building and intended for pedestrians in which the information is not changeable and presented without the use of flashing, scintillating, chasing lights or otherwise moveable means. G. Windows: Signs on/in windows provided the total area of permanent and temporary window signs occupies no more than fifty percent (50%) of the total window surface area. Changeable Copy/Electronic Message Center Signs must also comply with Section 7.302 H. H. Doors: Signs affixed to door glass which identify the name address, contact information or hours of an establishment. Commercial Sidewalk Signs in non-residential districts: Sidewalk signs on public property or private property are subject to the following conditions: 372461_2 1. Purpose: Sidewalk signs may advertise only a business in a building that directly abuts the portion of the sidewalk where the sign is placed. 2. Location: a. Sidewalk signs located on public right of way shall be allowed only in the B-5 (central commercial) or B -5C (core central commercial) zoning districts. b. Sidewalk signs located on private property shall be allowed only in the B-3 (community shopping), B-4 (corridor commercial), B-5 (central commercial), or B - 5C (core central commercial) zoning districts. Sidewalk signs on private property are placed at the sole risk of the sign owner and/or the owner of the business being advertised. c. The sidewalk sign shall not unreasonably interfere with pedestrian or vehicular traffic or with access to parked vehicles, shall not reduce the open portion of any sidewalk to less than five feet (5) in width, and shall comply with all IAC accessible route restrictions. d. The sidewalk sign shall be placed no more than one foot (1') from the wall of the building, unless the director of community development approves in writing another location due to other obstructions in the right of way. e. The sidewalk sign shall not be attached or affixed to the sidewalk, parkway poles, trees or any other public facilities. Such signs shall adhere to all vision clearance regulations as set forth in section 7.302 G.7. of this chapter. 3. Size: A sidewalk sign shall not exceed four feet (4') in height and the sign area shall not exceed six (6) square feet per sign face with a maximum of two (2) faces per sign. 4. Number Of Signs: Only one sidewalk sign shall be allowed per business establishment, except that public service signs (i.e., signs indicating the curb location of valet parking) may be allowed in addition to the one sign per business establishment. 5. Use Of Signs: Sidewalk signs may only be displayed during business hours and must be removed at the close of each business day. Sidewalk signs may not be displayed during times of high winds, snow, or when sidewalks are congested and the placement of a sign may impede pedestrian movement. 6. Illumination And Attention Getting Devices: Sidewalk signs shall not be illuminated. No attention getting devices, such as balloons, may be attached to a sidewalk sign. 7. Materials And Maintenance: Sidewalk signs shall be of high quality and professionally constructed of durable materials. Sidewalk signs shall be properly maintained as provided in section 7.402 of this chapter. J. Municipal Signs: any signs on Village owned property, or in the public right of way for Village sponsored and/or related events. 372461_2 Article III GENERAL SIGN GUIDELINES - All Signs Requiring a Permit 7.301: TEMPORARY SIGNS: The following signs shall be permitted in the village, subject to all applicable standards: A. Commercial Temporary Signs: Signs located on the property, related to a temporary activity commercial in nature, taking place on the property, provided: 1. Located on other than Single Family Residential Properties: a. No more than one sign shall be displayed per street frontage per lot. b. Signs located within one hundred feet (100') of a residential property (lot) line shall not exceed thirty two (32) square feet in area or eight feet (8') in height from base grade. c. Signs located more than one hundred feet (100') from any residential property (lot) line shall not exceed fifty (50) square feet in area or ten feet (10') in height from base grade. d. The sign shall comply with all location requirements for wall or freestanding signs with the exception that temporary freestanding signs will be allowed closer than one hundred feet (100') to a permanent freestanding sign. e. Temporary signs may contain a maximum of fourteen (14) items of information displayed on the sign. Sign shall be removed within 3 days after the sign no longer meets its intended purpose, but in no event shall be up longer than one year. Examples: for sale/lease, special sales, identification of a prospective business, identification of a construction project B. Balloon Or Searchlight Signs: 1. Temporary Special Event Balloon or Searchlight devices: shall be permitted in conjunction with a temporary special event for a total of four (4) events per year. a. Ground/Roof Secured Balloons: Ground/roof secured balloons shall be permitted provided they do not exceed forty feet (40') maximum height and twenty feet (20') maximum diameter, are limited to spheroid shapes only, and without signage on the balloon(s). Such temporary balloon display shall be limited to a maximum period of four (4) consecutive days. 372461_2 b. Ground/Vehicular Mounted Searchlights: Ground/vehicular mounted searchlights may be displayed on private property for a maximum period of four (4) consecutive days. c. Hours Of Operation: Illumination of balloons and searchlight devices shall be turned off between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. 7.302: PERMANENT SIGNS: The following signs shall be permitted in the village, subject to all applicable standards: A. Wall Signs: 1. Number: There shall not be more than one wall sign for each principal tenant or use contained within a building except: a. Where a tenant or use abuts two (2) or more streets, additional wall signs, one oriented to each abutting street, shall be permitted. b. One wall sign may be permitted on walls not facing a street, provided the wall is at least fifty feet (50') from the nearest residential property line. c. One wall sign may be permitted on walls not facing a street provided the wall is adjacent to nonresidential property and is visible from the street. The sign may not encroach upon adjacent nonresidential property except as provided in subsection A5 of this section. d. The director may authorize additional wall signs for distinct uses within an establishment, provided there is a separate entrance from the exterior of the building. e. Wall signs may be permitted which identify the rear entrance of an establishment provided such sign does not exceed ten (10) square feet. f. Where a multi -tenant office -industrial building greater than two (2) stories in height seeks to install a wall sign(s) identifying a primary tenant, only one such tenant may display their identification on the building. g. Sign copy for a single tenant or business wall sign shall contain no more than ten (10) items of information. If the name of the tenant is longer than ten (10) words, then additional items of information are permitted to display the entire name of the tenant. 2. Area: The gross surface area of a wall sign shall not exceed ten percent (10%) of the area of a building wall adjacent to the business, including doors and windows, to which the sign is to be affixed or one hundred fifty (150) square feet, whichever is smaller. The gross surface area of a wall sign may be increased to twenty percent (20%) if the sign consists of only individual, outlined alphabetic, numeric, and/or symbolic characters without background besides the building surface to which the sign is affixed, provided 372461_2 the increase in size does not exceed one hundred fifty (150) square feet in area. If the building is set back two hundred fifty feet (250') from the public right of way, the director of community development or his authorized representative may authorize the wall sign to exceed one hundred fifty (150) square feet, but measure no more than three hundred (300) square feet subject to compliance with the percentage requirements discussed above. 3. Projections: No wall sign shall project from the building wall more than twelve inches (12") 4. A mansard sign shall be located on a decorative mansard and shall be single faced and be mounted directly vertical as a wall sign, with no visible angle iron, guywires, braces or secondary supports and all hardware concealed. No mansard sign shall extend above the highest point of the mansard structure. 5. Encroachment: In instances where an exterior wall sign encroaches less than one foot (1') upon an abutting property, a sign permit may be permitted provided the abutting property owner has granted written permission for the encroachment. B. Wall Signs in Shopping/Business centers: 1. Shopping/Business centers shall submit a written sign criteria identifying sign type, color and design to be used within the center to unify wall signage. Upon approval by the director, this criteria shall be used in addition to these guidelines to evaluate the design of all new signs in the shopping/business center. 2. In Shopping/Business centers where a written sign criteria has not been established, and a mixture of sign types, colors, and design has been utilized for existing wall signs, then the sign criteria for any future wall signs proposed for that shopping center shall be established by the maximum percentage of signs currently installed on the site. C. Logographs: In addition to other signs permitted under these regulations, wall mounted logographs shall be permitted provided: 1. No more than one logograph may be permitted per street frontage per establishment, except that a logograph may be permitted on a wall not facing a street, provided the wall is adjacent to nonresidential property and is visible from the street. The logograph may not encroach upon adjacent property except as provided in subsection 7.302 A.5 of this article. 2. Such logograph shall not exceed twenty five (25) square feet in area. 3. The area of any logograph, when located on the same building elevation as a wall sign, will be included in the maximum sign area. D. Awning and Canopy Signs shall be permitted subject to the following: 372461_2 1. An Awning or Canopy Sign may be used as primary signage provided no wall signs are directed to the same street frontage. The area of such sign shall not exceed fifty percent (50%) of the exterior surface area of the awning, or face of the canopy, up to a maximum of one hundred fifty (150) square feet, whichever is less. 2. An Awning or Canopy Sign may be used as secondary signage, in addition to a primary sign provided the area of the secondary sign does not exceed fifteen percent (15%) of the exterior surface area of the awning or face of the canopy, up to a maximum of four (4) square feet, whichever is less. 3. Under -Canopy Signs: An additional canopy sign may be mounted on the underside of a canopy, perpendicular to the building wall, provided no more than one such sign is installed per establishment. The area of such canopy sign shall not exceed four (4) square feet. 4. Projection: No canopy sign shall project more than twelve inches (12") from the canopy proper. 5. Clearance: A clearance of eight feet (8') shall be maintained from base grade to the lowest point on the sign. 6. In a B-5 Zoning District: a. Canopies or awnings permitted under these regulations may extend over the public right of way the lesser of five feet (5') or to within two feet (2') of the curb line; provided no supporting posts, columns, or braces extend beyond the property line. E. Projecting Signs: 1. Number: One projecting sign per street frontage per establishment shall be permitted, provided no other signs for such establishment are located on the same building wall, except as provided in subsection 7a of this section. Projecting signs will not be permitted on industrial buildings or on street frontages of buildings located along major arterial roadways. 2. Area: The area of a projecting sign may not exceed sixteen (16) square feet. 3. Height: No projecting sign shall extend above the roofline of the building on which it is located or fourteen feet (14') from base grade, whichever is less. 4. Projection: No projecting sign shall project from the building wall more than four feet (4'). 5. Clearance: Projecting signs shall be located such that a clearance of eight feet (8') is maintained from base grade to the lower edge of the sign face. 6. Indemnification/Insurance: Where a projecting sign authorized by this Code overhangs any portion of the Village's right of way, the owner of such sign shall execute an indemnification/insurance agreement in a form provided by the Community Development 372461_2 Director that indemnifies and defends the Village from any liability or legal claim arising out of the location and/or operation of such sign. Such indemnification shall be funded by insurance, naming the Village as an additional insured, in an amount to be determined by the Community Development Director. 7. In a B-5 zoning district: a. Number: One projecting sign shall be permitted per business establishment. A projecting sign and a wall sign may be placed on the same wall provided that the projecting sign complies with 1-5 above and the size of the wall sign does not exceed twenty five percent (25%) of the maximum size permitted by this code. b. Location: Projecting signs permitted under these regulations may extend over the public right of way four feet (4') or to within two feet (2') of the curb line, whichever is less. F. Directory Signs: Directory signs which identify only the names and locations of occupants or uses within a building or on a lot shall be permitted in addition to other signs permitted under these regulations. 1. No more than one directory sign per lot. 2. No directory sign shall exceed twenty (20) square feet in area or eight feet (8') in height from base grade. 3. No directory sign shall be located closer than fifty feet (50') to any property line. G. Freestanding Signs: 1. Number: a. No more than one freestanding sign per street frontage per lot shall be permitted with the following exception: Freestanding identification signs in lieu of wall signs shall be permitted in a multi -tenant office or industrial building provided that each tenant has a separate at grade entrance. The sign shall be located at the entrance to the tenant's space. No sign shall exceed ten (10) square feet or six feet (6') in height from base grade. b. Sign copy for single tenant freestanding sign shall contain no more than ten (10) items of information. For changeable copy signage refer to subsection 7.302 H of this article. c. Sign copy for a multi -tenant freestanding sign may contain the names of no more than six (6) tenants on a sign face for a retail or service business center. A maximum of eighteen (18) items of information is permitted. Changeable copy/Electronic Message Center signage shall not be combined with multi -tenant signs. 372461_2 d. Freestanding signs on properties with multiple street frontages shall be oriented perpendicular to the street right of way. 2. Height: No freestanding sign shall exceed twelve feet (12') in height from base grade. Berms shall not be considered base grade. (See section 7.702 of this chapter for illustration.) 3. Area: No freestanding sign for a commercial use shall exceed the maximum area of seventy five (75) square feet per sign face. 4. Business Identification: No freestanding sign shall be closer than fifty feet (50') to another freestanding sign on the lot except as otherwise permitted in this article (temporary signs). 5. Setback: No freestanding signs shall be located closer than five feet (5) to a property line. 6. Distance Measurement: The location of a freestanding sign shall be measured as the distance between the point of reference specified and the closest point on the sign. 7. Vision Clearance: No building, structure, sign, planting or other obstruction which is over three feet (3') in height, shall be located within a triangular area established at the intersection of 2 streets, or street and driveway, public walk, bike path or public walking path. Such triangle shall have legs of ten feet (10') along the property lines when two streets intersect or within 10' of the driveway, public walk, bike path or public walking path. In unique situations, the director shall determine the distance that is reasonably safe. 8. Overhang: No freestanding sign may overhang any part of a structure, parking or loading space, driveway or maneuvering aisle. 9. Landscaping: All freestanding signs must be located in a landscaped area separated and protected from vehicular circulation and parking areas. A minimum of two (2) square feet of landscaping will be required for every one square foot of sign face required. When located in a parking area, perimeter curbing is required. Landscaping shall form an attractive, dense cluster at the base of the sign. 10. Single pole signs: shall have a pole skirt at least'/2 of the width of the sign. 11. Gas Station: Changeable copy used in a gas station freestanding sign shall be included in the maximum sign area for allowable freestanding signs. H. Changeable Copy Sign/ Electronic Message Center: Shall be permitted when incorporated into a freestanding sign subject to all applicable standards. 1. No more than six (6) permanent items of information will be allowed on a sign which incorporates changeable copy. The changeable copy portion of the sign shall be limited to less than forty percent (40%) of the total area of the sign face, and located below the permanent items of information. 372461_2 2. The changeable message format shall conform to the following requirements: a. The message will contain a static message only, and not have movement, or the appearance or optical illusion of movement during the static display period. b. The transition to change from one message to another shall be instant (a.k.a. slideshow) and not dissolve, fade, scroll, travel or have similar transitions. c. The message shall not change more frequently than once every ten (10) seconds. 3. All electronic message center signs must be equipped with a default mechanism that will stop the messaging or freeze the image in one position when a malfunction in electronic programming occurs. 4. See brightness guidelines in Article IV Section 7.401 Illumination. I. Directional Signs: 1. Signs which direct or regulate the movement of pedestrians or vehicles into or within a site provided: a. No more than one such sign is displayed per driveway entrance; and such signs are displayed within the interior of the lot as approved by the director. b. The sign does not exceed ten (10) square feet in area or six feet (6') in height from base grade for freestanding signs or fifteen feet (15') in height from base grade for wall signs. c. No more than ten percent (10%) of the area of the sign is used to identify any business, product or service. J. Menu Board: One menu board for a drive-in restaurant or per drive-through lane shall be permitted in addition to other signs permitted under these regulations, provided such sign does not exceed forty (40) square feet in area or eight feet (8') in height from base grade, and light from the menu board is contained to the drive-through lane only. K. Off Premises Signs: The following standards shall apply: 1. The sign must direct attention to a business on a lot adjacent to the lot on which the sign is located. 2. The sign must be located on a lot which is adjacent to a major arterial street. 3. The number of freestanding signs permitted by this article shall not be increased by the placement of the off premises sign. 4. The lot on which the business to be benefited by the off premises sign must not have any frontage on an arterial street. 372461_2 5. The sign may contain changeable copy as provided for in subsection 7.302 H. of this article. 6. A letter of consent from the property owner where the sign is to be placed must be submitted with the sign permit application. L. Development Identification Signs: 1. Size: a. Single-family (attached and detached) subdivision signs shall be a maximum of thirty five (35) square feet. b. Business and multi -family residential signs shall be a maximum of seventy five (75) square feet in area; provided, however, that in any development which exceeds seventy five (75) acres, an additional one square foot of sign area for each additional acre of such development shall be allowed, to a maximum of one hundred fifty (150) square feet in area. 2. Height: a. Single-family subdivision and multi -family residential signs shall be a maximum of eight feet (8') in height from established grade. b. Business signs shall not exceed twelve feet (12') in height from established grade 3. Location: a. Single-family subdivision and multi -family residential signs shall be located a minimum of five feet (5') from any property line. b. Business signs shall be located a minimum of twelve feet (12') from any property line. The distance from the property line shall increase one foot (1') for each six and one-fourth (6.25) square feet of sign area over seventy five (75) square feet. Article IV ILLUMINATION AND MAINTENANCE 7.401: ILLUMINATION: Any sign permitted under these regulations may be illuminated, provided such illumination complies with the following: A. Hours Of Operation: All illuminated signs within one hundred feet (100') of any residential property (lot) line shall be turned off between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. unless the establishment is engaged in the operation of its business with employees on the premises during such period. B. Installation Or Application: Illumination shall be installed or applied such that: 372461_2 1. The light source is contained within the sign and is visible only through a translucent surface or recessed into the sign structure; or 2. The light source is external to the sign and is directed to and concentrated on the sign; or 3. The light source is supplied by neon tubing. C. Glare: Illumination shall be prevented from striking or causing a glare on the street or nearby properties. D. Protection Of Light Source: Floodlights, gooseneck reflectors or other external sources of illumination shall be contained within a protective casing. E. Motion: Illumination shall be constant in intensity and color and shall not consist of flashing, animated, chasing or scintillating lights. Electronic message centers, as defined herein, shall not be considered "flashing" signs for the purposes of these regulations. F. Brightness Limitations: In no instance shall the lighting intensity of any sign, whether resulting from internal or external illumination, exceed seventy five (75) foot-candles when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign. G. Electronic message center signs must not exceed 0.3 footcandles over ambient lighting conditions when measured at the recommended distance, based on the electronic message center size. The recommended distance = urea of sign sq ft x 100 H. All electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements. 7.402: MAINTENANCE: A. All signs authorized under this Code shall be properly maintained at all times. Proper maintenance includes, but is not limited to, keeping all materials, surfaces and lettering in good condition and physical appearance, as well as keeping any mechanical or illumination features in good working order and condition. B. The Village, through an authorized inspector, shall have the authority to inspect any sign authorized under this Code to determine whether it is properly maintained. Any sign found not to be in good condition or working order as described in subsection A of the Section 7.402 shall be removed, repaired or replaced. C. Abandoned signs shall be removed when they have been found by the Director to be causing confusion to the public or pose a safety hazard. Article V ADMINISTRATION AND ENFORCEMENT 372461_2 7.501: PERMITS: A. Unless otherwise exempted under this chapter, no sign shall be erected, altered or relocated without a permit for such sign, issued by the village with the approval of the director as required by this chapter. B. No sign permit shall be required for repainting, cleaning and other normal maintenance or repair of a sign structure for which a permit has been previously issued. C. Prior to the filing of an application for a sign permit the staff is available to meet with business owner, property owner, and/or sign company to review any concepts. D. See the Sign Permit Application for submission requirements. E. See Appendix A, Division II of the Village Code for sign permit fees 7.502: NONCONFORMING SIGNS: The owner or beneficial user of any legal, nonconforming sign shall maintain such sign in good condition and repair, provided that said sign shall not be changed or altered in any manner other than replacing a face panel, shall not be changed to another nonconformity; shall not be expanded; shall not be structurally altered to prolong its useful life; or shall not be moved in whole or part to any other location where it would remain nonconforming. 7.503: ILLEGAL SIGN (BOTH TEMPORARY AND PERMANENT): A sign installed without a permit and/or in conflict with the provisions of this chapter is a violation of the sign code and subject to penalty fees per day of violation as set forth in appendix A, division III of this code. Any permit fees associated with an illegal sign shall be paid at twice the normal fee requirements. Article VI APPEALS VARIATIONS AND TEXT AMENDMENTS 7.601: SCOPE OF APPEALS, VARIATIONS AND TEXT AMENDMENT: An appeal from a staff decision made in interpreting, applying and/or enforcing the regulations contained in this chapter may be taken to the planning and zoning commission. A variation may be requested from the height, area, and minimum distance requirements contained in this chapter. The planning and zoning commission shall hear text amendment requests and make a recommendation to the village board for final action. 7.602: NOTICE REQUIREMENT: A. An applicant shall file notice of such appeal, variation or text amendment forms provided by the director, who shall forward a copy without delay to the village clerk for processing and notice. B. The notice shall be published in the local newspaper not less than five (5) days prior to a public hearing before the planning and zoning commission. 372461_2 C. The notice of appeal, variation or text amendment shall contain the following information, as well as such additional information as may be prescribed by the planning and zoning commission. 1. A legal description of the subject property. 2. The commonly known location (address) of the subject property and property identification number (PIN). 3. A brief statement of the nature of the requested appeal or variation. 4. The name(s) and address(es) of the legal and/or beneficial owner(s) of the property for which such appeal, variation, and text amendment is requested and the written approval from the property owner to apply for such request. 5. The name(s) and address(es) of the petitioner(s). 6. The name of the legal representative of the petitioner, if any. D. At the time of filing, the notice of appeal, variation, or text amendment shall be accompanied by such plats and exhibits as may be reasonably necessary for a proper determination of the question presented for review. E. Fees as set forth in appendix A, division II of this code. 7.603: PROCESSING, NOTICE AND HEARING: A. Upon receipt by the village a copy of the notice of appeal, variation, or text amendment that has been duly filed with the director, the village clerk shall assign the case and/or docket number to the petition and shall maintain a file for such petition, which file shall be open to the public for inspection during regular business hours. All documents pertinent to the case (application, evidence, exhibits, transcript or record of proceedings, etc.) shall be placed in said file by the village clerk. 7.604: ACTION ON APPEAL OR VARIATION: A. The planning and zoning commission shall, within fifteen (15) days after the hearing, decide the appeal made from such order, requirement, decision or determination made by the village staff in the administration and enforcement of this chapter. The planning and zoning commission shall use the physical parameters and guidelines included in this chapter as the standards for their decision. B. The planning and zoning commission shall, within fifteen (15) days after the hearing, decide the variation requested from the standards and/or general objectives contained in this chapter. The planning and zoning commission shall recommend action to the village board on text amendment requests within fifteen (15) days of the hearing. The planning and zoning commission shall use the physical parameters and guidelines included in this chapter as the standards for their decision or recommendation. 372461_2 C. No permit shall be issued during the pendency of an appeal, variation or text amendment before the planning and zoning commission, nor while litigation is pending in any court challenging the village's actions, nor while any appeal, variation or text amendment is pending from any court's action overriding or reversing the village's actions, nor during the time within which such appeal from a court's action can lawfully be taken. D. Nothing in this section shall be construed as abolishing any other regulation restricting the issuance of permits or the construction or alteration of buildings but is in addition thereto and declared to be an emergency measure and necessary for the immediate preservation of the public peace, health, safety and general welfare. 7.605: STANDARDS FOR VARIATIONS: A. The planning and zoning commission shall not recommend or grant a variation unless it shall make findings of fact based upon evidence presented at the hearing in any given case that: 1. The sign in question cannot reasonably identify the establishment if permitted to be used only under the conditions allowed by the regulations of the sign ordinance. 2. The plight of the owner is due to unique circumstances and the proposed variation will not merely serve as a convenience to the petitioner, but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations of this chapter were carried out and which particular hardship or practical difficulty is not generally applicable to other comparable signs or properties. 3. The alleged hardship has not been created by any person presently having a proprietary interest in the subject sign (or property). 4. The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood. 5. The proposed variation will not impair visibility to the adjacent property, increase the danger of traffic problems or endanger the public safety. 6. The proposed variation will not alter the essential character of the neighborhood; and 7. The proposed variation is in harmony with the spirit and intent of this chapter. B. The planning and zoning commission may impose such conditions and restrictions upon the subject sign and property, the location, the construction, design and use of the sign benefited by such a variation as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values, and ensure traffic safety. 7.606: STANDARDS FOR TEXT AMENDMENTS: 372461_2 A. When a text amendment is proposed, the planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: 1. The degree to which the proposed amendment has general applicability within the village at large and not intended to benefit specific property. 2. The consistency of the proposed amendment with the objectives of this chapter and the intent of the applicable sign regulation. 3. The degree to which the proposed amendment would create nonconformity. 4. The degree to which the proposed amendment would make this chapter more permissive. 5. The consistency of the proposed amendment with other plans and ordinances regulating property development. 6. The degree to which the proposed amendment is consistent with village policy as established in previous rulings on petitions involving similar circumstances. Article VII DEFINITIONS AND ILLUSTRATIONS 7.701: DEFINITIONS: APPEARANCE: The outward aspect visible to the public ARCHITECTURAL STYLE: The characteristic form and detail, as of buildings of a particular historic period. AWNING: A rooflike structure made of cloth which projects from a building for the purpose of shielding a doorway or window. BANNER: A temporary sign applied to or constructed of paper, plastic or fabric of any kind with or without frame, used to identify or attract attention to a location, object, institution, product, service or business. Flags of nations, states, political subdivisions, businesses or institutions shall not be considered banners for purposes of this chapter. BUILDING WALL AREA: The area within a rectangle which encompasses a continuous portion of a building facade, unbroken by windows, doors, or major architectural interruptions of the building surface. For signs located completely within a gable, building wall area may be triangular in shape. CANOPY : A permanent hood, awning or rooflike construction which projects from a building wall for the purpose of providing shelter or protection from the weather. CANOPY SIGN: Any sign that is fastened, affixed, or attached to and erected parallel to a canopy or marquee in such a manner that the canopy becomes the supporting structure or forms the background surface of the sign, and which does not project more than twelve inches (12") from the canopy . 372461_2 CHANGEABLE COPY SIGN: Any sign that is designed or used so that characters, letters or symbols can be manually changed or rearranged without altering the surface of the sign. CODE: The village code of Mount Prospect, Illinois. COMMERCIAL SIGN: A sign that directs attention to a business, or to a service or commodity for sale and/or profit. DEVELOPMENT IDENTIFICATION SIGN: A sign which identifies the name of a development consisting of at least five (5) business establishments or a single-family subdivision when the development comprises a minimum of thirty (30) acres. DIRECTOR: The director of community development of the village of Mount Prospect, and/or his duly authorized agent(s). DIRECTORY SIGN: A sign which identifies only the names and locations of occupants or uses within a building or on a lot. ELECTRONIC MESSAGE CENTER: Any sign which uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and may be modified by electronic processes. ESTABLISHMENT: A. Any institution, business or industrial activity that is the sole occupant of one or more buildings having frontage on at least one public street, or B. Any institution, business or industrial activity that occupies a portion of a building such that the activity is a separate and distinct business from the other activities within the building. FLAG: A construction of fabric, plastic or paper depicting through symbols, characters, design or letters, a nation, political subdivision, institution or business when hung, without frame, from a staff or pole. FREESTANDING SIGN: Any sign placed upon or supported by structural members placed in the ground independently of any other structure on the lot. GRADE: The elevation above mean sea level used for establishing the following: A. Base Or Established Grade: The average elevation of the established curb extending the width of the front of a lot or, where no curb is established, the average elevation of the crown of the street adjacent to the front of a lot. ILLUMINATED SIGN: Any sign lighted by or exposed to artificial lighting whether by lights on or within the sign or directed toward the sign. ITEM OF INFORMATION: A word, an abbreviation, a single number, a series of numbers, a symbol or a geometric shape greater than two inches (2") in height contained in a sign. A sign which combines several different geometric shapes or shapes of unusual configuration, is assessed one item of information for each noncontiguous plane. Punctuation marks and 372461_2 hyphenations are exempt LANDSCAPING: Plant materials, topography, and other natural physical elements combined in relation to one another and to manmade structures. LOGOGRAPH: A sign which consists of symbols, words, pictures, letters or other graphic elements arranged in a generally recognizable fashion used to represent a particular trade, corporation, profession or business; including, but not limited to, corporate emblems, trademarks, logos and barbers' poles. Any words or letters included in a logograph shall be incidental to the graphic elements. MANSARD: A roof having a steep slope, attached to the face and main structure of the building, which may extend above the parapet line or roofline of the building. MANSARD SIGN: A sign that is mounted on a mansard of a building NON-COMMERCIAL SIGN- a sign that does not direct attention to a business, or to a service or commodity for sale and/or profit (e.g. political, religious, ideological or public information signs). PORTABLE SIGN: Any sign designed to be moved from place to place or not securely attached to the ground or to any structure. PROJECTING SIGN: Any sign mounted perpendicular to a wall that is fastened, affixed or attached directly to an outside wall of a building as permitted in Section 7.302. ROOF SIGN: A sign erected or maintained in whole or in part upon, against or directly above the roof or parapet line of a building. ROOFLINE: The top of the parapet of a building with a flat roof, the deck line of a building with a mansard roof, or the eaves line of a building with a gable, gambrel or hip roof. SHOPPING/BUSINESS CENTER: A commercial center developed under one ownership, with an integrated building and site arrangement and overall architectural concept. SIDEWALK SIGN: Any sign placed on a sidewalk which contains a message on one or both sides. Sidewalk signs may not be permanently attached to the ground or structure. SIGN: Any surface, object, device, display, structure or fabric which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means; including, but not limited to, words, figures, designs, symbols, fixtures, colors, illumination, projected images, or forms shaped to resemble any human, animal, product or object. SIGN AREA: The area of a sign, measured as follows: A. Freestanding or projecting signs shall be measured as the sign area which encompasses the extreme limits of each and every sign face, including all advertising and background surfaces; but excluding structural members not forming an integral part of the display or pole covers which contain no advertising copy for double faced signs. The area of all such faces 372461_2 shall be totaled and such resultant area shall be divided by two (2) to determine the total sign area. B. All other signs shall be measured as the area which encompasses all letters, words, symbols, or other graphic elements, plus any background area which does not appear as a continuous portion of the building surface. SIGN FACE: The surface or surfaces used for the display of a sign message as seen from any one direction. TEMPORARY SIGN: Any sign intended for a limited period of display, the maximum length of which shall be one year. TEXT AMENDMENT: A change to a section or provision of the sign ordinance which requires final action by the village board of trustees following a recommendation and public hearing by the planning and zoning commission. VARIATION: A change from the regulations established in this chapter. Variations are granted upon documentation of a hardship, if the "standards for variations" outlined in section 7.605 of this chapter apply. VILLAGE: The village of Mount Prospect, Illinois. WALL SIGN: Any sign that is fastened, affixed or attached to and erected parallel to an exterior building wall in such a manner that the wall becomes the supporting structure or forms the background surface of the sign, and which does not project more than twelve inches (12") from the building. WINDOW: An opening in the wall of a building for admission of light containing transparent or translucent material such as glass. WINDOW SIGN: Any sign that is applied or attached to a window or is located within a building such that the sign is located to be viewed from the exterior of the building. WINDOW SURFACE AREA: The area of a building facade which is occupied by a window 7.702: ILLUSTRATIONS: Sign Types 372461_2 r �00 L -AWNING Sign Area- Wall m MEMZ�� 3724612 Sign Area- Freestanding Freestanding Sign Area = A x B Ira N m Building Wall Area Val 0 A = Width of tenant space r i • • . •. M WAIT, i Base or Established Grade 372461_2 m MT Ar r Established Grade Vision Clearance No sign over 3' E in height within this area o Roadway Proyert,Line SECTION 3: Section 9.304 "Driveways" to Article III "Public Streets and Sidewalks" to Chapter 9 "Public Utilities, Pavement and Tree Regulations" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: 9.304: DRIVEWAYS AND DRIVE AISLE APRONS: It shall be unlawful to construct or maintain any driveway or drive aisle apron in or across any public walk in the village where this necessitates any interference with or change in the grade of any public sidewalk, curb or parkway without having first obtained a permit from the director of community development as detailed in chapter 15 of this code. All driveways or drive aisle aprons shall be constructed in conformance with the construction specifications detailed in section 16.306 of this code. The fee for such permit shall be as required in section 15.803 of this code, and as set forth in appendix A, division II of this code. It shall be the responsibility of the owner of the property which the driveway or drive aisle serves to maintain said driveway or drive aisle apron. Maintenance responsibilities include, but are not limited to, the following: A. Keeping the driveway apron pavement in good repair. B. Keeping the driveway apron free from snow and ice or any obstruction. 372461_2 IF 7VI 4-1 � I C> 6 Proyert,Line SECTION 3: Section 9.304 "Driveways" to Article III "Public Streets and Sidewalks" to Chapter 9 "Public Utilities, Pavement and Tree Regulations" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: 9.304: DRIVEWAYS AND DRIVE AISLE APRONS: It shall be unlawful to construct or maintain any driveway or drive aisle apron in or across any public walk in the village where this necessitates any interference with or change in the grade of any public sidewalk, curb or parkway without having first obtained a permit from the director of community development as detailed in chapter 15 of this code. All driveways or drive aisle aprons shall be constructed in conformance with the construction specifications detailed in section 16.306 of this code. The fee for such permit shall be as required in section 15.803 of this code, and as set forth in appendix A, division II of this code. It shall be the responsibility of the owner of the property which the driveway or drive aisle serves to maintain said driveway or drive aisle apron. Maintenance responsibilities include, but are not limited to, the following: A. Keeping the driveway apron pavement in good repair. B. Keeping the driveway apron free from snow and ice or any obstruction. 372461_2 C. Keeping any culverts underneath the driveway apron in good repair and free of any debris. (Ord. 5253, 5-21-2002) SECTION 4: Article III "General Provisions" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be removed in its entirety and shall be replaced in its entirety as follows: 14.301: INTERPRETATION OF ZONING REQUIREMENTS: In their interpretation and application, the requirements and provisions of this chapter shall be considered to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience, prosperity and general welfare of residents of the village. This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive, or impose a higher standard or requirements than such easements or other private agreements, the requirements of this chapter shall govern. All buildings erected hereafter, all uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings after adoption of this chapter shall be subject to all regulations of this chapter and the applicable zoning district. Except for an "accessory use", as defined in this chapter, any use or potential use of land or a structure which is not specifically enumerated as a permitted use, conditional use or use in limited circumstances, within a particular district, shall be prohibited. This prohibition is subject to article IV of this chapter. (Ord. 4590, 9-21-1993) 14.302: SEPARABILITY: It is the intention of the board of trustees that the individual provisions of this chapter are separable in accordance with the following: A. If any court shall judge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in said judgment. B. If any court shall judge invalid any application of any provision of this chapter for a particular property, building, or use of land, such judgment shall not affect the application of such provision to any other property, building, or use of land not specifically included in said judgment. (Ord. 4590, 9-21-1993) 14.303: TRANSITIONAL STANDARDS OF THIS ZONING ORDINANCE: Provisions governing the applicability of this chapter as it relates to the previous zoning ordinance are established as set forth below: A. Existing Permitted Uses: If a use which was classified as permitted prior to the effective date of this chapter is classified as a conditional use by this chapter, such use is hereby deeded a lawful conditional use for the purposes of this chapter. 372461_2 B. Existing Special Uses: 1. A special use approved prior to the effective date hereof shall be considered a legal conforming use if it is classified as a permitted use by this chapter. 2. A special use approved prior to the effective date hereof shall be considered a legal nonconforming use if it is not classified as a permitted or conditional use by this chapter. Such use shall be subject to the applicable nonconforming provisions of article IV of this chapter. 3. If the approval of a special use was subject to any governing conditions, those conditions shall continue in full force and effect unless a new conditional use is obtained. C. Uses Rendered Nonconforming: When a building, structure or lot or parcel is used for a purpose which was a lawful use before the effective date hereof, but such use is no longer classified as a permitted use or conditional use in the zoning district in which it is located, such use is hereby considered a nonconforming use and shall be regulated by the provisions of article IV of this chapter. D. Buildings, Structures And Lots Rendered Nonconforming: When any building or structure which existed on the effective date hereof does not meet all standards set forth in this chapter, such building or structure is hereby considered nonconforming and shall be regulated by the provisions of article IV of this chapter. E. Previously Issued Building Permits: When a building permit for a building or structure has been lawfully issued prior to the effective date hereof, and if such building or structure and proposed use of the building do not meet the requirements of this chapter, such building or structure may be completed in accordance with the plans on the basis of which the building permit was issued. However, such construction must begin within six (6) months of the date of the permit issuance, and pursued diligently to completion. Upon completion, such building or structure may be issued a certificate of occupancy for the use originally intended, subject to the applicable nonconforming provisions of this chapter. (Ord. 4590, 9-21-1993) 14.304: BULK REGULATIONS: Bulk regulations shall be set forth in each zoning district for all buildings, structures, and uses of land. In addition, the following general standards shall supplement the specific requirements of each zoning district: A. Minimum Lot Size/Division Of Zoning Lots: Every lot created after the effective date hereof shall meet the minimum lot area and minimum lot width requirements of the zoning district within which it is located. In any zoning district, a building, structure or use of land may be established on any lot which is a lot of record or zoning lot on the effective date hereof, provided that all other bulk regulations of the zoning district are met. B. Yard Requirements: All yard requirements shall be set forth under each zoning district for all buildings, structures and uses of land. All required yards shall be located on the same lot as the building, structure or use of land for which such yard is required. The right of way for any public roadway, public alley which exists by dedication shall not be included as part of a required yard. 372461_2 C. Number Of Buildings On A Lot: Not more than one principal building shall be located on any zoning lot in a zoning district, except in the case of a PUD, where more than one principal building on a zoning lot shall be allowed as part of a PUD. 14.304.1: DESIGN STANDARDS: A. Downtown Design Guidelines: 1. Purpose: The downtown design guidelines contained herein shall serve the built environment within the downtown by promoting the use of high quality materials; supporting a unified pedestrian oriented environment, a mix of land uses, and thriving public spaces; and promoting and enhancing the character of the downtown. The downtown design guidelines shall be in addition to code requirements found elsewhere in this chapter. For the purposes of this section, the "downtown" shall be defined as: a. Properties located in the B-5 and B -5C zoning districts. b. Properties located along Prospect Avenue from Central Avenue to William Street. c. Properties located along East Lincoln Street from Maple Street to William Street. 2. Applicability: The downtown design guidelines shall be applicable to the following projects within the downtown: a. Construction of new buildings. b. Additions to existing buildings. c. Facade improvements to existing buildings. Facade improvements solely consisting of replacement of windows and doors of like size and location are exempt from the guidelines of this section. 3. Building Design: The architectural design and details of the building shall meet the following objectives: a. Linear Massing: Facades fifty feet (50') or greater in length facing a front or exterior side lot line shall vary the depth of the structure, by way of recesses and projection within the building's architecture. These details shall break up the massing of the structure in addition to any windows and building entrances along the facade. b. Access: All buildings with a total width greater than fifty feet (50') shall have a minimum of one entryway at the front of the building, defined as the facade of the building which faces the front or exterior side lot line. Buildings constructed on a corner lot may choose the building's orientation; access may be from either the front or the exterior side. c. Windows And Doors: The first floor of buildings shall have a minimum of twenty five percent (25%) of the facade area facing a front or exterior side be devoted to glass windows and/or doors. Windows and doors should be used as an opportunity to provide architectural interest which breaks up building massing and supports a pedestrian friendly 372461_2 environment. If solid, windowless walls are necessary to the building's function, architectural details shall be included to add visual interest. d. Rooflines: The roofline of a building should include architectural details which add to its overall design, such as cornices, dormers, or parapet walls. e. Materials: Durable, high quality building materials which do not require frequent maintenance, such as brick, stone, and glass, shall be used for facades which are visible from the street. Materials located along a single facade shall be harmonious in design and color. f. Vertical Massing Of Multi -Story Buildings: Multi -story buildings shall be visually divided using architectural details such as differing building materials or stepbacks to reduce the sense of mass and highlight the first floor to a pedestrian scale. 4. Site Design: a. Building Setbacks And Parking Lots: Building setbacks shall conform to section 14.905 of this chapter when applicable. Where possible, parking lots shall not be located between the street and the building's front facade. b. Landscaping: Sites shall comply with the landscape provisions found in article XXIII of this chapter. The use of landscape planters, decorative fencing and similar treatments shall be encouraged in all outdoor areas where public gathering is desired, such as patio dining or other outdoor seating areas. c. Pedestrian Access: All buildings shall have clear pedestrian access from a public walkway to the entrance(s) of the building. Sidewalks located on private property, to be utilized by the public, shall be a minimum of seven feet (7') in width. d. Streetscape Improvements: Areas located immediately adjacent to village right of way shall blend into the village's existing streetscape improvement program where applicable. e. Bicycle Facilities: Properties which incorporate parking lots shall also provide bicycle racks on site. Bicycle parking shall be provided at a minimum amount of ten percent (10%) of the vehicle parking provided on site. U-shaped racks, similar to those installed by the village, are the preferred design. B. Additional Design Standards: The following design standards are applicable to the entire village: 1. Visual Expanse: Any structure over two hundred feet (200') in length shall be designed so as to stagger the building facades which face a right of way, parking lot, or adjacent residential property, in order to break up the visual expanse of the structure. 2. Screening Of Mechanical And Utility Equipment: a. When feasible, mechanical equipment should be located within the principal structure in order to minimize exterior visual impacts. 372461_2 b. All rooftop mechanical equipment shall be hidden when viewed from ground level as viewed from the public right-of-way or property line of any adjacent residentially zoned property. If screening is required, it shall be a continuous, permanent, sound attenuating and noncombustible screen of a color compatible with the principal structure. For new construction, the screen should be designed as an architectural component of the structure in the form of a parapet wall. The addition or modification of rooftop equipment on existing buildings shall be screened to the extent that is feasible, as determined appropriate by the community development director. If structural modifications are required to accommodate screening of mechanical equipment, it shall comply with the building code in effect at the time modifications are made. c. All ground mounted mechanical and utility equipment that is six feet (6) or less in height shall be screened from view utilizing landscaping which will grow to the height of the ground based utility. Ground mounted mechanical and utility equipment taller than six feet (6) in height that is visible from the right-of-way or adjacent residential property shall be screened from view with an enclosure that is constructed to be consistent with the material of the principal structure, as determined appropriate by the community development director. d. Screening of mechanical equipment shall be required when new equipment is installed and in such cases shall be provided around both new and existing mechanical equipment in order to provide visual continuity where feasible and practical, as determined by the community development director. Normal maintenance of mechanical equipment shall not mandate the screening requirement. (Ord. 4590, 9-21-1993; amd. Ord. 4678, 10-4-1994; Ord. 4866, 6-17-1997; Ord. 5034, 7-20-1999; Ord. 5173, 3-6- 2001; Ord. 5220, 11-6-2001; Ord. 5253, 5-21-2002; Ord. 5426, 4-20-2004; Ord. 5751, 8- 4-2009; Ord. 6112, 12-17-2013) 14.305: REGULATIONS FOR RADIO, SATELLITE AND TELEVISION ANTENNAS, TOWERS AND DISHES: A. General Provisions: 1. Compliance With Requirements Of This Section: Antenna towers and dishes which do not comply with the requirements of this section may be authorized only in accordance with the procedures for conditional uses. All antenna towers and dishes shall be constructed to meet or exceed the minimum wind velocity and construction standards specified in the building code'. 2. Satellite Dishes And Personal Wireless Service Facilities: Satellite dishes that are less than three feet (3') in diameter and personal wireless service facilities are not regulated by this section. 3. Amateur Radio Antennas: Antennas used for amateur radio purposes shall comply with the requirements in subsection D of this section. B. Ground Mounted Antenna Towers Or Dishes: 1. Number Permitted: There shall not be more than one ground mounted antenna tower or dish located on a zoning lot. 372461_2 2. Location: Ground mounted antenna towers and dishes shall not be located in any required yard except for rear yards and shall be set back a minimum of five feet (5') from the lot line. 3. Height Restrictions: The height of all antenna towers or dishes shall include any accompanying base or support structures and shall be measured from finished grade to the highest point of the antenna. a. Residential zoning districts: (1) Antenna Towers: Federally licensed towers shall not exceed a maximum height of seventy feet (70'). (2) Dish Antennas: Ground mounted dish antennas shall not exceed fifteen feet (15') in height. b. Nonresidential zoning districts: (1) Antenna Towers: Ground mounted antenna towers shall not exceed seventy feet (70') in height, unless authorized by a conditional use permit. (2) Dish Antennas: Ground mounted dish antennas shall not exceed the height of the building by which they are located. 4. Diameter: a. Residential Zoning Districts: (1) Ground mounted dish antennas shall not exceed ten feet (10') in diameter. b. Nonresidential Zoning Districts: (1) Ground mounted dish antennas in nonresidential zoning districts shall not exceed fifteen feet (15') in diameter. 5. Screening: All ground mounted dish antennas must be screened with landscaping or fencing as determined appropriate by the community development director. C. Roof Mounted Antenna Towers And Dishes: 1. Number Permitted: a. Residential zoning district: There shall not be more than one roof mounted antenna tower or dish located on a zoning lot. b. Nonresidential zoning district: There shall not be more than one roof mounted antenna tower or dish for each separate establishment located within a zoning lot. 2. Location: Subject to structural approval, roof mounted antenna towers and dishes shall be located on the principal building to which they are an accessory. 372461_2 3. Height Restrictions: a. Residential Zoning Districts: (1) Antenna Towers: Roof mounted antenna towers shall not project more than ten feet (10') above the maximum height of the residential building upon which they are located. Antenna towers located on the roof of educational, religious, or municipal buildings shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located. (2) Dish Antennas: Roof mounted dish antennas shall not project higher than the maximum height allowed for the building upon which they are located. b. Nonresidential Zoning Districts: (1) Antenna Towers: Roof mounted antenna towers shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located. (2) Dish Antennas: Roof mounted dish antennas shall not project higher than the maximum height allowed for the building upon which they are located. 4. Diameter: a. Residential Zoning Districts: Roof mounted dish antennas located on residential buildings shall not exceed three feet (3') in diameter. Roof mounted dish antennas located on educational, religious, or municipal buildings shall not exceed ten feet (10') in diameter. b. Nonresidential Zoning Districts: Roof mounted dish antennas shall not exceed fifteen feet (15') in diameter. 5. Screening: All roof mounted dish antennas larger than three feet (3') in diameter must be fully screened from view from adjacent roadways and properties (between grade level and 10 feet above grade level) with materials which are compatible with the building to which they are accessory. D. Amateur Radio Antennas: 1. Ground Mounted Antennas: a. Antenna towers shall not be located in any required yard except for rear yards and shall be set back a minimum of fifteen feet (15') from any lot line. b. Ground mounted antenna towers shall not exceed a maximum height of seventy feet (70'), including any accompanying base or support structures and shall be measured from finished grade to the highest point of the antenna. 372461_2 c. Ground mounted dish antennas shall not exceed fifteen feet (15') in height and ten feet (10') in diameter, including any accompanying base or support structures and shall be measured from finished grade to the highest point of the antenna. 2. Roof Mounted Antennas: Roof mounted antennas for amateur radio use shall comply with the following: a. Antenna towers shall not project more than ten feet (10') above the maximum height of the residential building upon which they are located. Antenna towers located on the roof of educational, religious, or municipal buildings shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located. b. Dish antennas shall not project higher than the maximum height allowed for the building upon which they are located. (1) Roof mounted dish antennas located on residential buildings shall not exceed three feet (3') in diameter. (2) Roof mounted dish antennas located on educational, religious, or municipal buildings shall not exceed ten feet (10') in diameter. c. Roof mounted antenna towers or dish antennas for amateur radio use shall be located on the principal building to which they are an accessory and are subject to structural approval. (Ord. 4590, 9-21-1993; amd. Ord. 4925, 4-21-1998; Ord. 6112, 12-17-2013) 14.306: ACCESSORY STRUCTURES: A. General Requirements: The following restrictions on accessory buildings, structures and uses apply to all zoning districts: 1. Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the time of construction of a principal building. 2. Yard Requirements: No accessory building, structure or use shall be located in a required front yard, required side yard or exterior side yard, unless otherwise provided for in this chapter. 3. Height Requirements: a. Residential and Commercial Districts. No detached garage or gazebo shall exceed a maximum height of fifteen feet (15'). No other accessory building/structure shall exceed ten feet (10') in height. b. Industrial, Office Research and Conservation Recreation Districts. No accessory building/structure shall exceed twenty feet (20') in height 4. Separation Between Buildings: 372461_2 a. A detached accessory building or structure shall be located no closer to the principal building than three feet (3'). Detached garages located between three feet (3') and ten feet (10') from a principal building shall be provided with a five-eighths inch (5/8") drywall finish on the interior walls and ceiling. b. Any structure permanently attached to the principal structure is no longer considered an accessory structure pursuant to Article XXV of this chapter and shall meet the bulk requirements of the zoning district for principal structures, unless otherwise listed as a permitted obstruction in section 14.319. c. Above -ground swimming pools are permitted to attach to a deck if all required rear and side yard setbacks are met and the deck is designed with a gate between the deck and pool and access is provided to the yard from the deck. d. Pergola support columns shall be located no closer to the principal building than three feet (3'). 5. Number Of Accessory Structures: The maximum number of accessory structures shall not exceed two (2) such structures per zoning lot. Swimming pools and structures listed as permitted obstructions in section 14.1319 are exempt from the total number of accessory structures. 6. Shed Restrictions: A shed shall not be utilized to store motor vehicles or as office, work or living space. The storage of household items, equipment to maintain the property and small recreational equipment is permitted. 7. Roof Pitch: No accessory structure shall have a roof pitch of less than three to twelve (3:12). Pergolas, arbors, and accessory structures in the 11 Limited Industrial, CR Conservation Recreation, and OR Office Research zoning districts shall be exempt from this requirement. B. Restrictions In Residential Districts: 1. Maximum Size: a. A detached private garage may be no larger than six hundred seventy two (672) square feet. b. A shed, gazebo, pergola, greenhouse, or other similar accessory structure may be no larger than the smaller of the following: (1) Two percent (2%) of the lot area; or (2) Two hundred (200) square feet. 2. Bulk Restrictions. a. On lots fifty five feet (55') in width or less, detached accessory structures shall be set back three feet (3') from any interior side or rear lot line. 372461_2 b. On lots greater in width than fifty five feet (55'), detached accessory structures shall be set back five feet (5') from any interior side or rear lot line. c. No accessory structure shall be placed on any right of way or village utility or easement without prior consent from the director of community development. d. All solid -roofed accessory structures, including gazebos, shall be included in any Floor Area Ratio calculation. 3. Lot Coverage. Accessory structures shall be included in any maximum lot coverage calculation. C. Restrictions In Business And Industrial Districts: Maximum Area: Detached accessory building(s) or structure(s) shall occupy no more than thirty percent (30%) of the area of a required yard. 2. Yard Requirements: Accessory structures shall be set back six feet (6') from any side or rear lot line. No accessory structure shall be placed on any right of way or village utility or easement without prior consent from the director of community development. D. Regulations For Specific Accessory Structures And Uses: 1. Garbage Dumpsters And Recycling Containers: a. Required: All multi -family buildings utilizing centralized solid waste services shall provide a garbage dumpster and recycling container area which meets the minimum standards which have been established by the solid waste coordinator. b. Location: Outdoor designated garbage dumpsters and recycling containers shall maintain the same setbacks as parking lots. Dumpsters and containers that are located within covered parking areas shall be designed so that they do not conflict with required parking spaces or access drives. c. Screening: (1) Non -Residential Districts. Such dumpsters and containers shall be screened on all sides by a solid wood fence or equivalent screening material to a height not less than six feet (6'). (2) Multiple -family residential developments shall provide screening on no less than three (3) sides by a solid wood fence or equivalent screening material to a height not less than six feet (6'). 2. Accessory Commercial Uses Within Multi -Family Residences: Accessory commercial uses including restaurants, drugstores, retail food shops, valet services, beauty and barber shops, and physical fitness or health facilities shall be permitted within multi -family buildings provided that the accessory uses must be accessible to the public only through 372461_2 the lobby of the building; and no advertising or display related to the accessory use shall be visible from outside the building. 3. Accessory Uses Within Office Buildings: Accessory uses located within office buildings including cafeterias, restaurants, gift shops, flower shops, snack bars, drugstores, barbershops, beauty parlors, banks, daycare centers, and office supply stores (excluding sales of office machinery and furniture) shall be permitted provided that said accessory uses are conducted for the convenience of the employees, patients, patrons, or visitors. Said accessory uses shall be designed and located totally within the confines of the principal building and the primary access to any accessory retail use shall be from within the principal building. 4. Off Street Parking Facilities: Parking lots and drive aisles shall not be subject to the restrictions of this subsection, but shall be subject to the requirements within Article XXII and Article XXIII of this Chapter. 5. Signs: Signs shall not be subject to the restrictions of this subsection but shall be subject to the requirements of Chapter 7 of the Village Code. 6. Swimming Pools: The regulations of this subsection shall not apply to any pool having at every point a depth less than twenty five inches (25"). No out of doors swimming pool for the use of members and their guests of nonprofit club or organization, or limited to house residents of a multiple -dwelling unit, a block, a subdivision, neighborhood, or other community shall be permitted in an R-1, R -A or R -X district. a. Location: Swimming pools shall be located entirely behind the rear line of the building of the principal structure on the lot in the R-1, R -A, R-2 and R -X districts. Swimming pools shall not be permitted in any required front, side or exterior side yards. Pools are permitted to encroach into the rear yard provided a minimum of fifteen feet (15') is maintained from the rear property line to the edge of the structure. b. Area: The surface area of the swimming pool shall be included in total lot coverage. c. Construction: All swimming pools shall be constructed according to the requirements of this code. 7. Donation Boxes: The following restrictions shall apply to all donation boxes located within the village: a. Location Requirements: (1) Donation boxes are permitted as an accessory use to an institutional or nonprofit use only. (2) Donation boxes shall not be located in a required parking space. 372461_2 (3) Donation boxes shall not be located in a required front yard, required side yard or exterior side yard and shall be located to minimize visual impact when viewed from a street. b. Number Allowed: No more than one donation box shall be located on any lot. c. Size: A donation box shall not exceed six and one-half feet (6.5') in height. The box footprint shall be no greater than twenty five (25) square feet. d. Maintenance Requirements: Donation boxes shall be maintained in good condition with no structural damage, holes, rust or graffiti. All boxes shall be emptied and serviced regularly to prevent overflow of collections and be kept free of debris. e. Signage: The name, address and phone number of the donation box operator shall be posted on the box. Information shall be provided on the box as to whether the operator is a for profit or not for profit organization. Total signage on the donation box shall not exceed five (5) square feet or as approved by the director of community development. f. All donation box placement shall be in accordance with all additional state or county law. 14.307: STANDARDS FOR HOME OCCUPATIONS: "Home occupations", as defined in section 14.2401 of this chapter, shall be governed by the following standards to ensure that they are conducted in a manner that does not have any adverse impact on a residential area, or infringe on the rights of adjoining property owners: A. There shall be no sign displayed in conjunction with a home occupation. The purpose of this standard is to assure that no commercial signs are displayed in residential areas. B. There shall be no separate entrance for use by a home occupation, or any exterior alteration to a dwelling unit that will indicate from the exterior that any part of the residence is being used for any purpose other than that of a dwelling. The entrance to any space devoted to a home occupation shall be from within the dwelling. The purpose of this standard is to prohibit any alterations to a dwelling solely to accommodate a home occupation. C. Storage or inventory maintained at a residence in conjunction with a home occupation shall not exceed one hundred (100) cubic feet. The purpose of this standard is to limit any storage to an amount that could readily be stored in a closet. D. There shall be no noise, odor, dust, vibration, smoke, glare, television signal interference or radio signal interference, electrical interference, fire hazard or any other hazard emanating from the dwelling. No home occupation shall involve the use or production of noxious, toxic or harmful materials. The purpose of this standard is to ensure that a home occupation has no adverse environmental impact on adjoining properties. E. No person shall be employed other than a member of the immediate family residing in the dwelling unit, and no employees other than persons residing on the premises shall report to work at or near the premises, either for work to be completed within the residence or to be dispatched to work at another location. The purpose of this standard is to ensure that no nonresident comes to a dwelling for employment purposes, and to minimize the traffic 372461_2 generated by the home occupation. No routine attendance of employees associated with any home occupation shall be allowed at the premises of the home occupation. "Routine attendance" shall mean that the conduct of the home occupation requires nondomiciled persons to visit the premises of the home occupation as part of the regular conduct of the occupation, without regard to the number, frequency or duration of such visits. This standard shall apply irrespective of any business activity actually taking place at the dwelling unit. F. No home occupation shall generate customer, client or group visits of a greater frequency than what would be expected in a residential area where no home occupation exists. Any need for parking generated by a home occupation shall be provided on site and shall not exceed the required parking for a dwelling unit. The purpose of this standard is to limit the frequency of customer or client visits to an amount that is not disruptive to a neighborhood and eliminate congestion on public streets. G. The home occupation shall not utilize more than twenty five percent (25%) of the gross floor area of the dwelling unit. The purpose of this standard is to assure that the home occupation remains incidental to the residential use of the structure. H. No outside storage of any kind related to a home occupation shall be permitted. I. All vehicles utilized in conjunction with a home occupation shall comply with the regulations stipulated in section 14.2208 of this chapter. J. No contracting or service equipment or materials shall be stored on the premises, except in a permitted truck used for transporting equipment or materials between jobs. No loading or unloading of equipment or materials shall be done on the premises. No trailer used for commercial contracting or service uses shall be permitted for equipment storage in a residential area, nor shall it be parked on the premises. K. Private instruction as a home occupation is permitted, but is limited to no more than three (3) pupils at a time. (Ord. 4590, 9-21-1993; amd. Ord. 4825, 10-1-1996; Ord. 5426, 4-20-2004; Ord. 5685, 4-15-2008; Ord. 5751, 8-4-2009) 14.308: GROUP AND FAMILY COMMUNITY RESIDENCES; GENERAL PROVISIONS AND STANDARDS: Group and family community residences shall be located as either a permitted or conditional use within all residential zoning districts in accordance with the provisions set forth listed in section 14.604 of this chapter. (Ord. 5751, 8-4-2009) 14.309: TEMPORARY USES: Temporary buildings or structures may be allowed subject to the following regulations: A. Temporary construction trailers. 1. Temporary trailers or facilities for approved construction projects are permitted subject to the standards of the building code. 372461_2 2. Temporary trailers or facilities shall be located to conform to the applicable setback requirements of the zoning ordinance. 3. All temporary trailers or facilities shall be removed upon completion of the construction project. B. Temporary classroom trailers and facilities. 1. Temporary trailers used as classrooms or similar uses that are ancillary to an existing school use are permitted for up to one year and are subject to the standards of the building code. 2. Temporary classroom trailers or facilities shall be located to conform to the applicable setback requirements of the zoning ordinance. C. Temporary structures located on non -single-family residential properties. 1. Duration. Special promotions such as tent sales or outdoor meetings are permitted for a period of one week. No more than three (3) such promotions shall be allowed in a calendar year. 2. Location. Any tent, bleachers or other installations used in conjunction with the promotion shall meet the applicable setback requirements of the zoning ordinance. Temporary structures located on a parking lot shall meet the required parking lot setbacks and shall not block fire lanes. All temporary structures are subject to the standards of the building code. 3. Signs. Any signage or displays used with a special promotion shall meet the provisions of Chapter 7 of the village code. (Ord. 4590, 9-21-1993; amd. Ord. 5034, 7-20-1999) D. Temporary structures on single-family residential properties. 1. Temporary structures, such as tents or similar structures used for entertainment, assembly, or storage purposes, are permitted for a period of one week, and shall meet the accessory structure setback requirements of the zoning ordinance. 14.310: STANDARDS FOR THE R-3 AND R-4 ZONING DISTRICTS: (Rep. by Ord. 5034, 7-20-1999) 14.311: OUTDOOR SALES AND STORAGE: A. Outdoor Sale And Service Of Seasonal Merchandise: The outside sale and service of seasonal merchandise at retail shall be permitted only under the following terms, conditions, restrictions and regulations in the commercial districts of this chapter: Outdoor sales and storage shall only be allowed as an accessory use to the principal use of the property. However, outdoor Christmas tree sales shall be permitted with written approval of the property owner. 372461_2 2. Outdoor sales and storage of items at retail shall be restricted to sales of seasonal merchandise during the time of the year when such items are normally used. 3. When merchandise is stored or displayed on pedestrian walkways, a minimum width of five feet (5') must be maintained free and clear of any storage, display or sales. 4. All outdoor sales and storage shall be restricted to private property, and no sales and storage shall be permitted on publicly owned property, except sidewalk sales in the central business district. 5. Outdoor sales and storage of merchandise in parking areas shall be approved by the director of community development. 6. All merchandise shall be kept in a neat, safe, sanitary and orderly fashion, free from garbage, rubbish and other debris. 7. There shall be no temporary or permanent storage of inventory in trailers. B. Outdoor Dining: Outdoor dining areas shall be permitted on the same zoning lot as and in conjunction with an established restaurant in the B-3, B-4, or B-5 district, subject to the following requirements: 1. The following criteria shall apply to all outdoor dining areas located on the same zoning lot as the established restaurant: a. Outdoor dining areas may be revoked by the village manager at any time on fourteen (14) days' notice for failure to comply with the regulations set forth in this section. b. All outdoor furniture and appurtenances shall be constructed in such a manner as to allow for their easy removal during winter months and/or if otherwise required by the village. c. All outdoor furniture and appurtenances shall be designed to withstand a minimum wind pressure of not less than thirty (30) pounds per square inch. d. Colors and materials of outdoor furniture and appurtenances shall be harmonious with the principal and adjacent structures. e. The sale and consumption of alcoholic beverages in the outdoor dining areas shall be subject to all requirements of chapter 13 of this code. f. The proprietor shall provide adequate facilities for refuse disposal, as determined by the environmental health division. g. The outdoor dining area shall not be detrimental to the health, safety, or welfare of nearby residents or persons working or shopping in the vicinity. h. Outdoor dining areas shall be exempt from applicable parking requirements. However, in the event that the outdoor dining area creates an overflow parking problem onto 372461_2 adjacent public streets, the permittee must make provisions for off site parking on nearby nonresidential properties. i. Advertising or promotional features in a permitted outdoor dining area shall be limited to umbrellas or canopies, and shall be limited to no more than fifteen percent (15%) of the surface area of a canopy or umbrella. j. Outdoor dining areas shall meet all applicable village and state health requirements. k. No music or other noises generated by the operation of the outdoor dining areas shall be audible on adjacent properties. I. In no event shall the outdoor dining area operate earlier than six o'clock (6:00) A.M. or later than eleven o'clock (11:00) P.M. 2. Outdoor dining areas shall be permitted on public property, subject to the following criteria: a. All regulations set forth in subsection B1 of this section. b. An application for the outdoor dining area permit must be submitted to the department of community development. The department will conduct an administrative review of the application and the director will either approve or deny the application within thirty (30) days from receipt. The application shall contain, at a minimum, the following information: (1) A site plan showing location of the outdoor dining area; (2) Plans and cut sheets demonstrating the type of barricades, landscaping and other features that will be utilized to define the outdoor dining area and enhance the aesthetic appeal of the area; (3) Distances of the outdoor dining area to all property lines; (4) Proposed hours of operation; (5) The clear width of all walkways and sidewalks adjacent to the outdoor dining area; (6) Photographs or other documentation showing the construction and appearance of all furniture and appurtenances to be used in the outdoor dining area, including materials and colors; and (7) Provisions for refuse disposal for the outdoor dining area. c. Approved permits for outdoor dining areas shall be effective for a period of one year from the date of approval. d. The use of public sidewalk space for outdoor furniture and appurtenances shall only be permitted incidental to the operation of a restaurant on private contiguous property. 372461_2 e. The applicant shall submit a written statement acknowledging responsibility for and agreeing to comply with the following: 1) the sidewalk area will be maintained in a clean and safe condition; 2) the required open portion of the sidewalk will be kept free from any obstructions or encroachments pertaining to the restaurant use; and 3) the proposed outdoor dining area will comply with all conditions of this section. f. In no event shall the operation of the outdoor dining area reduce the open portion of the sidewalk to less than five feet (5) in width. g. Outdoor furniture and other appurtenances shall be constructed of durable materials, such as wrought iron. h. The applicant shall furnish the village with evidence of general liability insurance and dramshop insurance, if applicable, naming the village as an additional insured and insuring the village against any liability resulting from the uses permitted by the permit issued under this section. Minimum coverage for general liability insurance and dramshop insurance shall be as set forth in appendix A, division I of this code, and shall have no less than an "A" rating by the most recent A.M. Best insurance rating guide. i. The operator of the outdoor dining area shall be responsible for any damage to public property and shall restore the public sidewalk to its original state when the operation of the dining area ceases. In order to prevent the restaurant space from encroaching upon the front of another merchant's establishment, the outdoor dining area shall not extend laterally beyond the frontage of the permittee's establishment. C. Outdoor Storage On Residential Property: Outdoor storage on residential properties is prohibited except for the following: lawn and garden equipment and materials, garbage cans, grills and portable fireplaces, patio furniture, household tools, children's play equipment, and other items similar to the above as determined by the community development director. For regulations regarding the storage of commercial vehicles, or recreational vehicles and equipment, please refer to article XXII of this chapter. (Ord. 4590, 9-21-1993; amd. Ord. 5148, 10-17-2000; Ord. 5189, 5-15-2001; Ord. 5253, 5-21-2002; Ord. 5313, 3-18-2003; Ord. 5426, 4-20-2004; Ord. 5638, 7-17-2007; Ord. 5751, 8-4-2009) 14.312: ELIMINATION OF UNPERMITTED SECOND HOUSEKEEPING UNITS: A. Prohibited Acts: Except for as provided in subsection B of this section, no person shall: 1. Enter into any lease or rental agreement of any kind or nature or otherwise maintain or permit for living purposes the use of an unpermitted second housekeeping unit. 2. Establish, install or construct an unpermitted second housekeeping unit within the corporate boundaries of the village. 3. Subsequent to January 1, 2000, enter into any lease or rental agreement of any kind or otherwise maintain or permit the use, for living purposes, of an unpermitted second housekeeping unit. 372461_2 B. Exceptions: This section shall not be applicable to the following: 1. "Group community residence" as defined in section 14.2401 of this chapter. 2. "Family community residence" as defined in section 14.2401 of this chapter. 3. Housing provided for religious institutions maintaining a house of worship in Mount Prospect when the housing is for its ministry, outreach or program personnel, provided that such housing is not otherwise prohibited by Mount Prospect regulations or laws. 4. Residences constructed and/or modified as residential two (2) flat or two (2) apartment buildings prior to May 2, 1944, which have not been converted to a single dwelling unit residence. 5. Any residence which has been officially sanctioned by the village as a two (2) flat whether by variation, special use or other official legislative action of the president and board of trustees. 6. Otherwise permitted sleeping rooms or separate living quarters without second kitchen units. 7. Those units that have free and unlimited physical access to the rest of the dwelling unit. If there is an issue as to whether the residence was built as a two (2) flat prior to May 2, 1944, or as to whether the village has officially sanctioned the two (2) flat, then the burden of proof, by clear and convincing evidence, shall be on the owner. C. Realtors And Brokers: It shall be unlawful for any real estate broker, or agent or any other person or entity, to advertise, state or otherwise hold out to the public or any potential buyer that a residence may be used in any manner contrary to this section. D. Probable Cause To Inspect: A sworn complaint from a Mount Prospect resident that an unpermitted second housekeeping unit is in existence within the village in conjunction with any other single indication of the existence of such a unit shall constitute probable cause to permit a village official to obtain an administrative warrant to enter the premises as to which the complaint was filed to determine the actual existence of such a unit. Other indications of such a unit shall include, but not be limited to, vehicles at the residence registered to different parties, separate trash pick up, separate utility meters, prior knowledge of a village official of such a unit or additional reports by other village residents. The foregoing shall not be the exclusive method of establishing probable cause to inspect. E. Irrebuttable Presumption: The following shall raise an irrebuttable presumption that there is not compliance with the requirement of "free and unlimited physical access" as defined in this chapter: The existence of a lock or locks (whether used or not) on the only door or on all doors between an otherwise unpermitted second housekeeping unit and the remainder of the home. 372461_2 2. Door hinges installed or maintained (whether a door is used or not) in the only passageway or on all passageways between the otherwise unpermitted second housekeeping unit and the rest of the home. F. Application Of Definition Of Family: Nothing in this section shall be construed as permitting more than one family to occupy a dwelling unit. G. Penalty; Persons Subject To Penalty: Persons violating any portion of this section shall be subject to a minimum mandatory penalty as set forth in appendix A, division III of this code. Each day that the violation continues shall be considered a separate violation. (Ord. 5751, 8-4-2009) 14.313: REGULATIONS FOR PERSONAL WIRELESS SERVICE FACILITIES: A. Purpose: The purpose of this section is to provide specific regulations for the placement, construction and modification of personal wireless telecommunication facilities. The provisions of this section are not intended and shall not be interpreted to prohibit or have the effect of prohibiting the provisions of personal wireless services, nor shall the provisions of this article be applied in such a manner as to unreasonably discriminate among the various companies that provide personal wireless services. To the extent that any provisions, or provisions of this section, are inconsistent or in conflict with any other provisions of this chapter, the provisions of this section shall control. B. Village Action: In reviewing any request, the village board shall act within a reasonable period of time after the request is filed with the village, taking into account the nature and scope of the request. Any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record. C. Petition For Amendment: Should the application of this section have the effect of prohibiting a person or entity from providing personal wireless service to all or a portion of the village, such provider may petition the village board for an amendment to this section. The village board, upon receipt of such a petition, shall promptly undertake review of the petition, taking into account the nature and scope of the petition. Any decision to deny such a petition shall be in writing and supported by substantial evidence contained in a written record. D. Application And Submittal Requirements: 1. No personal wireless service facility shall be erected, installed or maintained in the village unless a permit has been applied for and approved by the community development director. 2. All applications for a personal wireless service facility shall include the following documentation or information: a. A written report from a qualified professional engineer that is licensed by the state setting forth the following: (1) The facility's height and design including both a cross section and topical elevation; 372461_2 (2) The height above grade for all potential positions and the minimum separation distances between antennas; (3) The number and type of antennas that the facility can accommodate; (4) A map drawn to scale showing the lot lines, land uses and tree coverage, including average tree height of all properties within three hundred feet (300') of the proposed site; (5) Documentation from the manufacturer that the structure upon which the facility is located is sufficient from a structural engineering standpoint to bear the anticipated load. In instances of freestanding structures, this shall include a certificate that the foundation of the structure is built, constructed and engineered to take into account the existing soil conditions; (6) Certification that in the event of a fall or collapse, that the facility is designed and manufactured to fall entirely within the boundary lines of the lot on which it is located and that it has been erected in accordance with manufacturer's specifications; (7) Certification shall also state that the design complies with all local, state and federal regulations including, but not limited to, stormwater regulations; and (8) Such other documentation as the village may require. b. The application shall include "before and after" photos. The "before" photo should be a color photo of what can currently be seen from any public road within three hundred feet (300') and the "after" should have the facility superimposed on copies of these photos. c. The applicant shall demonstrate that the proposed personal wireless service facility will not interfere with any existing village public safety communication systems or residential or commercial application including, but not limited to, television and radio broadcast signals. d. The community development director may require review by a third party of the technical data submitted by the applicant. The applicant is responsible for the cost of such review and the applicant shall make full payment to the village. The village shall place these funds in an escrow account and make payment to the third party upon the completion of the technical review. Selection of the third party expert is at the discretion of the community development director. E. Placement Of Personal Wireless Service Facility: A personal wireless service facility may be erected or installed only in accordance with this section. The personal wireless service facility shall conform to all minimum setback, yard and height requirements and to all applicable federal laws and regulations concerning its use and operation. An easement or a lease is required for any new facility on property not owned by the applicant. The following chart shall govern the placement and height of all personal wireless service facilities: Antenna Standards Height 372461_2 Setbacks Notes: 1.1-leight above the existing structure. 2.No more than 1 per residential unit permitted. NP = Not permitted. F. Collocation Of Personal Wireless Service Facilities: 372461_2 Rea 20' 20' 100 heig ht 100 heig ht 100 heig ht 20' Adjacent To Not Adjacent To Zoni Struct Residential Use Residential Use ng ure Distr Monop Latti Guy Mount Fro Sid Rea Fro Interi Exter ict ole ce ed 1 nt e r nt or for 1-1, 1- 120' 120' 120' 10' NP 100 100 NP 15' 30' 3, % % O/R heig heig ht ht B-3, 70' NP NP 10' NP 100 100 NP 10' 30' B-4 % % heig heig ht ht B-5 NP NP NP 10' NP 100 100 NP 100 100% % % % height heig heig heigh ht ht t B -5C NP NP NP 10' NP 100 100 NP 100 100% % % % height heig heig heigh ht ht t C-R 70' NP NP 10' NP 100 100 NP 100 100% % % % height heig heig heigh ht ht t B-1, 70' NP NP 10' NP 100 100 NP 10' 30' B-2 % % heig heig ht ht R -X, NP .... NP NP 10' z .... R-1, R -A, R-2, R-3, R-4 Notes: 1.1-leight above the existing structure. 2.No more than 1 per residential unit permitted. NP = Not permitted. F. Collocation Of Personal Wireless Service Facilities: 372461_2 Rea 20' 20' 100 heig ht 100 heig ht 100 heig ht 20' Placement: The village encourages collocation to minimize the proliferation of antenna supporting structures. Owners, lessees, or their representatives shall cooperate in good faith to achieve collocation when it is in the best interest of the village to do so. The village may require the execution of an agreement to permit collocation unless such collocation proves to be impractical. The village may grant access to municipal property and/or lower application fees to carriers locating two (2) or more users on a single tower. A proposal for a new personal wireless service facility shall not be approved unless the applicant provides written proof that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, structure, monopole that already exists within a one-fourth (1/4) mile radius of the proposed tower for one or more of the following reasons: a. The planned equipment would exceed the structural capacity of the existing or approved tower or structure, as certified by a qualified professional engineer that is licensed in the state, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate the additional facility at a reasonable cost; b. The planned equipment would cause interference materially affecting the usability of other existing or planned equipment at the tower or structures as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost; c. Existing or approved towers and structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as certified by a qualified and licensed professional engineer; d. Other unforeseen reasons that make it not feasible to locate the planned telecommunications equipment upon an existing or approved tower or structure as certified by an appropriate professional. 2. Structure Design: Any proposed guyed, lattice, or monopole tower shall be designed structurally, electrically and, in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. G. Design Criteria: Antennas mounted on water towers shall not extend more than ten feet (10') beyond the height of the water tower. All antennas, except those mounted on monopoles, shall be designed to be compatible with neighboring buildings and uses, and shall match or blend with the structure to which they are attached so the antenna is virtually invisible to the casual observer. Antennas installed on buildings shall not extend more than ten feet (10') beyond the height of the structure and shall be painted to match the color of the building to which they are affixed. As such, monopoles and any accompanying equipment shall be painted a uniform, neutral color. Towers may not display logos or company colors. H. Screening: A combination of landscaping, berming, fences or other screening materials shall be utilized to maintain or enhance the existing character of the property surrounding a personal wireless service facility. All structure bases shall be completely screened from view. 372461_2 I. Abandoned Or Unused Facilities: Abandoned or unused facilities, towers, or portions of towers shall be removed as follows: All shall be removed within six (6) months of cessation of use or of notifying the FCC of intent to cease operations at the site, whichever comes first, unless a time extension is approved by the community development director. A copy of the relevant portions of a signed lease which require the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. Any tower and associated facilities not removed within six (6) months of the cessation of operations at a site shall be deemed a nuisance and may be abated according to the nuisance provisions of this code. 2. Unused portions of towers above a manufactured connection shall be removed within two (2) months of the time of the abandonment of that portion unless the village has specifically designated that portion for future collocation. Utility Buildings And Structures: All utility structures and structures accessory to a personal wireless service facility tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation. The maximum height for an accessory utility structure is twelve feet (12') and shall be no larger than six hundred (600) square feet. K. Signs And Advertising: The use of any portion of a tower for signs other than warning or equipment information is prohibited. L. Temporary Facilities: Temporary personal wireless service facilities shall conform to all of the setback and yard requirements of the district in which they are located. A temporary personal wireless service facility shall not exceed the height of the facility previously approved for the property, or one hundred feet (100') in the case of a special event. Only one temporary personal wireless service facility will be allowed per site at any one time, unless the approved facility on the subject site allows for collocation, in which case the permissible number of temporary facilities on that site shall be the number approved for that facility. A temporary personal wireless service facility must be located behind the front plane of any principal structure that is on the lot. A temporary personal wireless service facility may be allowed only in accordance with subsection E of this section. A request for a temporary personal wireless service facility may be granted only by the village manager in such reasonable numbers and with such reasonable conditions as the manager may deem appropriate. Any request for additional time beyond that set forth in this subsection L, shall be subject to review by the planning and zoning commission and approval of the village board. Special Events: Temporary personal wireless service facilities shall be permitted for each licensed carrier for special events (temporary sporting or entertainment events) of a period of one week. No more than three (3) such promotions shall be allowed per carrier in a calendar year. 2. Repairs And Equipment Upgrading: If a permanent personal wireless service facility is under repair or equipment is being upgraded, a temporary facility shall be permitted for 372461_2 each licensed provider for a period of up to ninety (90) days. The owner of the facility must certify in writing the necessity for the repair or equipment upgrade. M. Insurance: The provider must tender to the community development director on an annual basis, proof of public liability insurance covering the facility in an amount not less than as set forth in appendix A, division I of this code. N. Compliance: All personal wireless service facilities must maintain compliance with the approved plans and specifications. If the personal wireless service facility becomes noncompliant with approved plans and specifications due to, but not limited to: discoloration, cracking, missing components, rusting, settling, damage or general disrepair; then the owners of the personal wireless service facility and the owner of the structure or lot on which the personal wireless service facility is located will be jointly and severally responsible for remedying the specific nonconformities. These nonconformities must be remedied within forty five (45) days after written notice, detailing these nonconformities, sent by the village to the owner of the personal wireless service facility and the owner of the structure or lot. Failure to remedy all of the cited nonconformities, within the forty five (45) day time period, shall be punishable by a fine not exceeding the amount as set forth in appendix A, division II I of this code, each day that the violation continues. O. Certificate Of Completion: All personal wireless service facilities shall obtain a certificate of completion from the building division prior to facility operation. Carrier(s) must meet all village codes and provide copies of the following documentation prior to receiving a certificate of completion: 1. Federal aviation administration permit and the FAA reply; 2. Copy of the FCC permit and intermodulation interference report; 3. Copy of the annual filing to the FCC stating the carrier's compliance with all FCC rules and regulations. (Ord. 4925, 4-21-1998; amd. Ord. 5189, 5-15-2001; Ord. 5219, 11-6-2001; Ord. 5751, 8-4-2009; Ord. 6029, 9-18-2012; Ord. 6122, 12-17-2013) 14.314: OUTDOOR LIGHTING REGULATIONS: A. General Lighting Requirements. All outdoor lighting, except for streetlights, shall be subject to the following requirements: 1. Glare Onto Adjacent Properties. Electric lighting used to illuminate outdoor areas shall be directed in such a way as to prevent light trespass or direct glare onto adjacent properties and rights of way. 2. Fixture Design. Outdoor lighting fixtures shall comply with the following limitations, with the exception of single-family residential properties and Architectural Fagade Lighting: a. Full cutoff luminaries with a total cutoff angle of not more than ninety degrees (900) shall be used. The director of community development may approve cutoff angles greater than 372461_2 ninety degrees (900) or the use of fixtures without full cutoff luminaries upon submission of information conclusively demonstrating that the proposed lighting will not cause glare on adjacent properties. b. All lighting mounted under a canopy, including, but not limited to, luminaries mounted on or recessed into the lower surface of a canopy, shall be full cutoff. c. Flat lenses are required for all lighting fixtures. d. Wall lights, where used, shall be full cutoff and fully shielded. e. Task focused lighting is permitted at gas stations, ATM drive-throughs, and similar uses as approved by the director of community development, and must include an internal louver so the light focuses directly on the task area and does not spill onto the pavement. f. Pole Height And Material. The total height of light fixtures located in parking lots, including the pole, pole support, fixture and related equipment, shall be limited to the district height limit or a maximum of thirty feet (30'), whichever is less. Light poles shall be constructed of metal, or other material acceptable to the village engineer. Wood poles are prohibited. 3. Hours Of Operation: All lighting shall be reduced to security levels during hours of nonoperation of the principal use on a property. 4. Lighting Plan Required: The building permit submission for any nonresidential development or multi -family residential development shall include a lighting plan signed and sealed by a professional engineer and including, at a minimum, the following: a. All property lines, building locations, dimensions of paved areas, and location of all curbs; b. Fixture locations; c. Fixture details and height; d. Photometric data for all paved areas at a spacing of not greater than twenty feet (20') and not greater than six inches (6") above the pavement surface; e. Photometric data at all property lines at a spacing of not greater than fifty feet (50') and not greater than six inches (6") above grade; f. Scale of not less than one inch to fifty feet (1" = 50'); g. Details of the proposed light poles and foundations; h. Existing and proposed utilities on the subject property and in rights of way adjacent to the subject property; i. Other information, as required. 372461_2 B. Lighting Illumination Levels. 1. Light Intensity Levels At Lot Lines: All illumination level readings shall be taken at ground level no more than six inches (6") above grade and shall be subject to the following maximum foot-candles at the lot line. The requirements of this subsection shall not apply to properties within the B-5 and B -5C zoning districts that directly abut another property in the B-5 or B -5C district. Industrial Park, School, Institutional Arterial Right -of -Way Other Right -of -Way 2. Maximum Average Illumination Levels By Use: The following table summarizes the maximum average illumination levels for a variety of uses: Type Of Use Auto dealerships (display areas only) Business districts Lighting for uses other than those listed in the above table shall be reviewed by the community development director to ensure the proposed illumination levels are appropriate for the property and surrounding area. 3. Parking Lot Minimum and Maximum Average Illumination Levels. All parking lots with more than four (4) required spaces shall provide lighting. Artificial lighting used to illuminate 372461_2 any parking lot and drive aisles immediately accessing parking stalls shall comply with the regulations as set forth in this section. The following criteria for minimum illumination and maximum average illumination shall be met for all parking lots: C. Architectural Lighting: 1. Upward aimed building facade lighting shall not exceed nine hundred (900) lumens (60 watt incandescent or 13 watt compact fluorescent bulb). All upward aimed light shall be fully shielded, fully confined from projecting into the sky by eaves, roofs or overhangs, and mounted as flush to a wall as possible. 2. Building facade light exceeding nine hundred (900) lumens shall be fully shielded, aimed downward, and mounted as flush to a wall as possible. 3. Building facade lighting shall be fully contained within the vertical surface of the wall being illuminated. 4. Building facade lighting that is measurable at the ground level shall be included in the maximum allowable light levels. D. Exceptions: The standards of this section shall not apply to the following types of exterior lighting: 1. Ornamental Lighting: Low voltage (12 volts or less), low wattage ornamental landscape lighting fixtures, outdoor dining lighting, and solar operated light fixtures have self- contained rechargeable batteries, where any single fixture does not exceed one hundred (100) lumens. 2. Seasonal Lighting Displays: Lighting displays, which are installed for less than seventy five (75) days over any continuous twelve (12) month period. 3. Lighting For Safety Or Security: Upon finding by the police department that outdoor lighting in specific areas of the community, that otherwise meets the requirements of this section, is not adequate and additional lighting is necessary to improve safety or security for the property or its occupants. (Ord. 5380, 11-4-2003; amd. Ord. 5546, 2-7-2006; Ord. 5751, 8- 4-2009; Ord. 6112, 12-17-2013) 372461_2 E. Nonconforming Lighting: Any lighting that does not conform to the regulations outlined above shall be made to conform by means of alteration. 14.315: CONVERSION OF SINGLE-FAMILY RESIDENTIAL ATTACHED GARAGES: The conversion of a single-family residential attached garage into living space shall be permitted subject to the following conditions and all other applicable regulations within this code: A. A new garage space equal to or greater than the amount to be converted shall be provided. The new garage space shall provide sufficient space to park the same number of vehicles as exists in the garage space to be converted into living space. B. The garage door that provides access to the area that is to be converted into living space shall be removed and replaced with exterior materials similar in style and color to the home's exterior. C. The existing driveway which serves the garage area to be converted into living space shall be removed and a driveway serving the new garage shall be provided in conformance with section 14.2215 of this chapter. (Ord. 5426, 4-20-2004) 14.316: UNENCLOSED PORCHES IN THE REQUIRED FRONT YARD SETBACK: A. Action By Director Of Community Development: The director of community development shall hear and decide as final administrative authority, petitions for unenclosed porches in the required front yard setback. Petitions which require review by the planning and zoning commission for additional relief shall be decided by the planning and zoning commission. B. Petitions: With respect to petitions for unenclosed porches in the required front yard setback, the director of community development shall make findings of fact based on the petition and public input according to the following standards: 1. Whether a site line obstruction will be created. 2. Whether materials used in construction of the porch will be consistent with the remainder of the structure. 3. Whether the design blends with the existing structure and neighboring homes. 4. Whether the proposed porch is in character with the neighborhood. C. Filing Of Applications: An application for an unenclosed front porch in the required front yard setback shall be filed with the director of community development on forms obtained from the community development department. Such form shall include all information necessary for processing the request, including, but not limited to, legal description of subject property, survey, site plan, description of building materials, appropriate proof of ownership or other authority to file the application. The application shall be filed with the appropriate fee as set forth in appendix A, division II of this code. D. Hearings: Administrative hearings shall be held only for unenclosed porches in the required front yard setback and must be in compliance with the provisions of this section. 372461_2 1. Upon receipt of an application for unenclosed porches in the required front yard setback, the director of community development shall review the application for completeness and assign a case number to the request. 2. For all applications for an unenclosed porch in the required front yard setback, the department of community development shall notify all owners of record of property lying within one hundred feet (100'), of the subject property. The applicant shall attest in writing that the list of property owners is true and accurate. The director of community development shall cause a copy of the public notice to be mailed to all property owners on the list no more than thirty (30) days nor less than seven (7) days prior to the hearing. 3. An administrative notice shall contain the case number assigned to the application, the address of the property, a brief statement on the nature of the request, the name and address of the property owner, the petitioner and their legal representative, and the date, time and location of the administrative hearing. 4. For all applications for unenclosed porches in the required front yard setback, the director of community development shall also cause one or more signs to be posted on the subject property. 5. The number and location of signs shall be determined by the director of community development. 6. The sign must be a minimum of thirty inches by thirty inches (30" x 30") in size, having letters a minimum of two inches (2") high, and contain the following information: a. That an administrative hearing that affects the subject property will be held, with direction to interested members of the general public to call the community development department for further information concerning date, time and place and subject matter of said administrative hearing. b. Any interested person may appear and be heard at the hearing and such appearance may be made in person, by agent (if a corporation), or in writing. E. Standards: No front porch in the required front yard shall be approved by the director of community development unless it is found: 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; 2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located; 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; 372461_2 4. That the porch as designed is unenclosed and does not encroach more than five feet (5') into the required front yard; 5. That no site line obstruction will be created; 6. That building materials will be consistent with the remainder of the structure; 7. That the design blends with the existing structure and neighboring homes; and 8. That the proposed porch is in character with the neighborhood. F. Appeal Of Director Of Community Development Decision: Any individual may file an appeal of the decision of the director of community development regarding an administrative conditional use with the planning and zoning commission. Such appeal shall be filed with the director of community development within five (5) calendar days of the director's decision. G. Conditions And Guarantees: In all cases where an administrative conditional use is granted, and conditions regulating the use are established as described in subsection E of this section the director of community development shall require such evidence and guarantees as it may deem necessary as proof that the conditional use complies with all regulating conditions. H. Conditional Use Revocation: 1. In any case where the construction of an approved front porch encroaching into the required front yard setback is not substantially underway, or building commenced within one year from the date of approval, and completed within eighteen (18) months, then, without further action by the village board, the conditional use or authorization shall be null and void. 2. This conditional use may be revoked by the director of community development if the porch constructed on the site does not conform to the established conditions for approval. Any decisions by the director of community development may be appealed to the planning and zoning commission as prescribed in subsection 14.20263 of this chapter. (Ord. 5639, 7-17- 2007; amd. Ord. 6144, 5-20-2014) 14.317: ENVIRONMENTALLY SENSITIVE DEVELOPMENT TECHNIQUES: The village of Mount Prospect is committed to encouraging the use of environmentally sensitive development techniques in order to improve the quality of life and environmental health of the community as a whole. Green building design is a technique which incorporates design principles and strategies that limit the energy demands of buildings and also create healthier living environments within them. Green building techniques may include, but are not limited to, green roofs, reflective white roofs, permeable paving, stormwater harvesting, use of landscaping to reduce thermal demand, and use of reusable energy sources. This section provides direction on common green building design practices. While not a comprehensive list of all potential green initiatives, the village encourages property owners to follow green design principles. A. Wind Energy Conversion Systems: The village of Mount Prospect has found wind energy conversion systems (WECS) to be a viable and useful method of localized energy 372461_2 generation. Conditional use permits to authorize WECS are allowed in all zoning districts. Due to the specialization and technical nature of WECS, the following criteria have been established as minimum standards for the recommendation and approval of such permits. 1. No more than one WECS shall be permitted per zoning lot. More than one WECS may be permitted for commercial and industrial properties, subject to the approval of the village board. 2. Rooftop mounted WECS: a. Shall be set back at least twenty feet (20') from front or exterior building lines, and at least ten feet (10') from side building lines. Setbacks shall be measured to the widest point of blade rotation or to the side of the WECS, whichever is greater. b. Shall be limited to a height of no more than fifteen feet (15') above the roof peak or top of a parapet wall, whichever is greater. Total height shall be measured from the highest point of blade rotation or the highest point of the WECS, whichever is greater. c. Shall comply with all noise regulations of the village of Mount Prospect. d. Shall be safely and securely attached to the rooftop in compliance with the village of Mount Prospect building code. 3. Tower mounted WECS: a. Shall not be permitted in single-family residential districts. b. The WECS tower or any associated structure shall comply with the minimum setback requirements of the zoning district in which the WECS is located or be set back a distance equal to 1.1 times the total height of the structure from any property line, whichever distance is greater. Total structure height shall be measured from the highest point of blade rotation to the ground. c. A WECS tower shall be set back a minimum of twenty feet (20') from any principal structure on the property. d. The maximum permissible height of a WECS tower shall not exceed eighty feet (80'). e. Rotor blades or airfoils must maintain at least twelve feet (12') of clearance between their lowest point of rotation and the ground. f. All climbing apparatus affixed to a WECS tower shall terminate twelve feet (12') short of ground level. g. All WECS facilities shall be enclosed within a building or surrounded by a six foot (6') high safety fence. h. All WECS towers shall be constructed with an approved concrete foundation. 372461_2 4. All WECS structures, including roof mounted, towers, and accessory buildings, shall conform to the appropriate village related rules and regulations pertaining to their construction, design, operation and maintenance. 5. WECS shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot. 6. The applicant shall submit documentation that the proposed WECS will not create a nuisance to adjacent uses. In no event shall the noise level produced by a WECS continuously exceed sixty five (65) decibels as measured at the property line. 7. No WECS shall cause electromagnetic degradation in performance of other electromagnetic radiators, receptors, or generators of quality and proper design. The village reserves the right to revoke any conditional use permit for a WECS system whenever electromagnetic interference from the WECS is evident and cannot be corrected. 8. WECS shall not be artificially lighted, except to the extent required by the FAA or other applicable government authority. 9. All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components. B. Solar Energy Conversion Systems: The village of Mount Prospect has found solar energy conversion systems (SECS) to be a viable and useful method of localized energy generation. SECS shall be permitted in all zoning districts in accordance with the following minimum standards: 1. Rooftop mounted SECS: a. Shall not project higher than the maximum building height permitted for the zoning district. If mounted on an accessory structure, the SECS shall not project higher than the maximum height permitted for that structure. b. If mounted on a pitched roof, shall be mounted flush with the slope of the roof and shall not extend further than twelve inches (12") from the roof surface at any point. SECS shall not extend beyond the ridgeline of the roof at any point. c. Shall be safely and securely attached to the rooftop in compliance with the village of Mount Prospect building code. 2. Ground mounted SECS: a. Shall not be permitted in residential zoning districts. b. Shall satisfy the applicable setback requirements for an accessory structure on the zoning lot. c. Shall be limited to a maximum of one hundred (100) square feet in size. 372461_2 d. All ground based utilities associated with the SECS shall be appropriately screened in accordance with the requirements of section 14.304 of this article. e. A maximum of two (2) ground mounted SECS shall be permitted per acre per property. 3. Glare. Installation of the solar energy conversion systems shall be designed to avoid glare or reflection onto adjacent properties and adjacent roadways. Exterior surface shall have a non -reflective finish and shall be color -coordinated to harmonize with roof materials and other dominant colors of the structure. 4. All SECS structures, including roof mounted, towers, and accessory buildings, shall conform to the appropriate village related rules and regulations pertaining to their construction, design, operation and maintenance. (Ord. 5751, 8-4-2009) 14.318: FENCES AND WALLS General Provisions: It shall be unlawful to construct, erect or replace any fence without first obtaining a permit from the community development department. The permit may be granted only if the proposed fence is in compliance with the provisions of this code. For the purposes of this section, freestanding walls shall be considered fences. A. Height And Location: Separation: Where existing drainage patterns would not be adversely impacted, a maximum of two inch (2") separation shall be maintained between the fence and the finished grade to provide for adequate drainage. Fences located across drainage swales shall be a maximum of six inches (6") above finished grade, unless the village engineer requires a larger separation. Fences shall not be permitted in floodway areas as designated on FEMA's flood boundary and floodway map. 2. Sight Triangle: No fence greater than three feet (3') in height shall be placed within a sight triangle so as to obstruct or limit the line of sight for a motorist, cyclist, or pedestrian. 3. Encroachment: All fences shall be entirely on private property. Fences may not encroach on adjoining lots or public rights of way. 4. Fenceable Area: Under no circumstances shall a fence enclose an area that is less than fifty percent (50%) of the maximum fenceable area of a residentially zoned property. This limitation shall not apply to fencing around swimming pools. 5. Five Foot Fences: Fences up to five feet (5') in height will be permitted as follows: a. Rear And Interior Side Yards: Fences may be installed in the rear and interior side yards, provided any fence is located behind the front line of the principal building structure. If a fence is not located along a property line, then sufficient access must be provided to the area between fence and property line to allow for proper maintenance. 372461_2 b. Exterior Side Yards: Open and solid style fences may be installed in an exterior side yard, provided that the fence is placed behind the front line of the principal building and set back one foot (1') from the property line along the exterior side yard. If the exterior side yard abuts the front yard of an adjacent lot, a one foot (1') setback for an open style fence or a ten foot (10') setback for a solid style fence shall be maintained from the property line along the exterior side yard. 6. Swimming Pool Fences: Fences and gates at least four feet (4'), but not greater than five feet (5'), in height to completely surround swimming pools other than swimming pools having a raised deck at least four feet (4') above grade may be placed as follows: a. Along the perimeter of the pool walk areas; or b. Along the perimeter of the lot as described in subsection A5 of this section. 7. Six Foot Fences: Fences and gates up to six feet (6') in height will be permitted as follows: a. When placed within the permitted buildable area of a residential property, an area fence no longer than eighteen feet (18') in length provided that it is located within the rear yard. b. When placed along the rear or exterior side lot line when such rear or exterior side lot line abuts an arterial road as defined by the comprehensive plan of the village and provided that a one foot (1') setback is maintained from the rear or exterior side lot line abutting the arterial road right of way. c. When placed between adjacent residential uses and nonresidential uses along side or rear lot lines. d. When placed between single-family residential and multi -family residential uses along side or rear lot lines. 8. Eight Foot Fences: Fences up to eight feet (8') in height will be permitted as follows: a. In industrial and commercial districts when used for the purpose of screening accessory building material, equipment or vehicle storage yard uses. b. In residential zoning districts, along rear or side property lines contiguous to railroad rights of way. c. Public swimming pools, along the perimeter of the pool area. 9. Method For Determining Fence Height: Fence height shall be measured vertically from finished grade to the top of the fence. Posts, including caps, used specifically for supporting a fence may exceed the applicable height limit by a maximum of eight inches (8"). The required separation for drainage purposes shall not be counted toward the fence height limitations. 372461_2 10. Utility Easements: The construction of fences in utility easements is subject to the condition of the easement. 11. Recreational Facilities: Open mesh chainlink fences up to twenty feet (20') in height may be permitted surrounding recreational facilities such as tennis courts, athletic fields, or similar uses subject to the approval of the community development director. B. Construction: 1. Fences may be constructed of wood, chainlink, masonry, aluminum, wrought iron, composite, or similar materials and shall be constructed so that only a smooth finished side faces an abutting lot or road. 2. It shall be unlawful to maintain or construct any fence composed in whole or part of barbed wire or with any similar materials designed to cause injury to person, or any wire charged with electrical current, anywhere within the village except to protect industrial property, in which case, barbed wire must be at least six feet (6') above sidewalk and extend inward of property. 3. Fences used for the purpose of screening outdoor storage, mechanical or utility equipment in commercial and industrial districts shall be of solid style. Fences may be constructed of wood, masonry, or other material subject to approval by the director of community development. All other fences may be open style except where adjacent to residential property, in which case, the fence must be a solid style. 4. Grades at property lines shall not be altered due to fence construction unless a grading plan is submitted to and approved by the community development director. 5. Temporary construction, safety, and silt fencing may be permitted only as part of a construction project for which a current building permit exists. Temporary construction, safety, and silt fencing shall be removed upon completion of the construction project. SECTION 14.319: PERMITTED OBSTRUCTIONS A. Permitted Obstructions In Required Yards. Permitted obstructions in the CR district are regulated in Article VII of this chapter. For all other zoning districts, the following regulations shall be applicable to structures located within the required yards. For structures located within the buildable area (outside of the required yards), bulk, lot coverage and other associated regulations within this chapter shall apply. Encroachments Permitted in Required Yards as determined by the Building Setback Line Exterior Front Side Side Rear Open stoops and canopies no larger than 8'x 5', excluding steps P P P P 372461_2 Eves, gutters, chimneys, bay windows encroaching not more than 24", no closer than 12" to a lot line P P P P Patios, Balconies, and Decks with a minimum setback of 15' from the rear lot line* and outside the required side yard P Boat slips, when adjacent to a navigable waterway P Handicap ramps in side yards, encroaching no more than 50% P Sport courts - with a minimum setback of 15' from the rear lot line and a minimum 5 feet from the side lot line, including associated equipment such as basketball standards. P Service walks, sidewalks, steps, and handicap ramps up to 8' in width. P P Service walks, sidewalks, steps, and handicap ramps up to 3' in width P P Driveways subject to the regulations noted in Article XXII P P P P Stationary basketball standards, when adjacent to an existing driveway P P P P Landscape terraces and retaining walls, subject to approval by the engineering division and issuance of a building permit P P P P Maximum of Four (4) Rain barrels per lot, up to 55 gallons in size each, subject to the requirements in C. of this subsection P P P Off-street Parking Pads subject to the regulations noted in Article XXII P P Decorative outdoor structures, maximum footprint of four (4) square feet, maximum of two (2) structures per lot, with a maximum height of eight feet (8') P P P P Outdoor storage cabinets, subject to requirements in C. of this subsection P Trellises, not to exceed eight feet (8') in height and a total width of ten feet (10'), maximum of two (2) structures per lot P P Arbors, not to exceed a width of five feet (5'), a depth of three feet (3'), and a height of eight feet (8'), with a minimum setback of three feet (3') from side lot lines P P 372461_2 Central air conditioning units, generators, and similar mechanical equipment, subject to the requirements in C. of this subsection P B. Exceptions. 1. Lot Coverage and Floor Area Ratio. Permitted obstructions shall comply with requirements for impervious surface and floor area ratio as defined in this chapter with exception of outdoor storage cabinets, decorative outdoor structures, rain barrels, arbors and trellises. 2. Building Permits. A building permit is not required for the following permitted obstructions: outdoor storage cabinets, basketball standards, decorative outdoor structures, rain barrels, arbors and trellises, as defined in this chapter. 3. Permitted obstructions as listed in section 14.1319 shall not contribute to the total number of accessory structures permitted per lot as regulated in section 14.306 of this chapter. C. Additional Requirements for Permitted Obstructions 1. Rain barrels located in exterior side yards shall be screened via landscaped hedge. Rain barrels shall be equipped with a screen to prevent insect nesting and provide an overflow system to direct excess rainwater away from the primary building structure. 2. Central air conditioning units, generators and similar mechanical equipment shall be located on the rear elevation of any principal structure. If the units cannot be reasonably placed on the rear elevation because of operational reasons, such units may be placed in up to twenty five percent (25%) of a required side yard, provided such location does not result in exhaust discharge upon any adjoining building or vegetation. Documentation verifying that the units cannot be located at the rear of the structure shall be submitted by the installer and approved by the director of community development. A screening plan which includes fencing or landscaping must be submitted with the permit and approved by the director of community development. 3. Outdoor storage cabinets. a. A maximum of one (1) outdoor storage cabinet is permitted per lot. b. Size. Outdoor storage cabinets shall not exceed one hundred (100) cubic feet in size, and shall not exceed a height of seven (7) feet. c. Location. Outdoor storage cabinets shall not be located in a required front or exterior side yards. On lots fifty five feet (55') in width or less, outdoor storage cabinets shall be set back three feet (3') from any interior side or rear lot line. On lots greater in width than fifty five feet (55'), outdoor storage cabinets shall be set back five feet (5') from any interior side or rear lot line. 372461_2 SECTION 5: Article VI "Zoning Districts" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be removed in its entirety and shall be replaced in its entirety as follows: 14.601: DISTRICTS: For purposes of this chapter, the village is hereby divided into the following zoning districts: A. Residential districts: C-R Conservation recreation R -X Single-family residence R-1 Single-family residence R -A Single-family residence R-2 Attached single-family residence R-3 Low-density residence R-4 Multi -family residence B. Office and business and industrial districts: B-1 Business office B-2 Neighborhood shopping B-3 Community shopping B-4 Corridor commercial B-5 Central commercial B -5C Core central commercial O/R Office research 1-1 Limited industrial 1-3 Solid waste handling (Ord. 4590, 9-21-1993; amd. Ord. 5589, 9-19-2006; Ord. 5751, 8-4-2009; Ord. 6029, 9-18- 2012) 14.602: ZONING MAP: A. The location and boundaries of districts established by this chapter, are shown on the zoning map of the village, incorporated herein as part of this chapter and as amended from time to time by the corporate authorities of the village. B. The following rules shall apply with respect to the boundaries of the various districts as shown on the zoning map: 1. District boundaries shall either be the centerlines of highways, streets, alleys or easements. District boundaries shall also be the section, division of section, tract or lot lines of a parcel. Boundaries indicated as approximate shall be considered to meet the above provisions. 2. The zoning ordinance and map shall be available at the village hall. (Ord. 4590, 9-21-1993; amd. per correspondence dated 6-16-1994) 14.603: ZONING OF ANNEXED LAND: 372461_2 On land annexed to the village, after adoption of this chapter, no building or structure shall be erected, enlarged or moved, and no change in the use of land or existing buildings shall be made until an ordinance designating the zoning classification of such land is adopted by the village board. Unless subject to the terms of a preannexation agreement, all properties annexed to the village shall automatically be classified an R -X single-family residence district, until such time an application is filed to amend the zoning classification of such land. (Ord. 4590, 9-21- 1993) 14.604: LAND USE TABLES: The following tables provide direction on land uses which may hereafter be established in the associated zoning districts as either permitted or conditional uses. Land use table 1 of this section regulates land uses located within the C-R, R -X, R-1, R -A, R-2, R-3, and R-4 zoning districts and land use table 2 of this section regulates land uses which are located within the B- 1, B-2, B-3, B-4, B-5, B -5C, O/R, 1-1, and 1-3 zoning districts. For the following two (2) tables, permitted uses shall be identified by a "P" and conditional uses shall be identified by a "C". If a space is left blank the use is not permitted in the respective zoning district. LAND USE TABLE 1 RESIDENTIAL AND RECREATIONAL ZONING DISTRICTS MMMMMM1 Land Use R X 1 A 2 3 4 Accessory structures P P P P P P P Accessory structures greater than 30 feet in height C Assisted living facility when approved as part of a PUD C C Attached single-family homes P Churches, synagogues, mosques, or other houses of P' P' P' P' P' worship Circular/dual frontage driveways C C C C Colleges and universities C C C C Community centers C Conservatories C Convalescent homes/nursing homes C Cultural institutions C C C C Daycare center C C C C C 372461_2 Daycare home P P P P P P Detention or retention facilities C Dormitory accommodations C C C C C Elementary schools P' P' P' P' P' Family community residence (located at least 1,000 feet P P P P P P from another family community residence) Family community residence (located within 1,000 feet C C C C C C of another family community residence) Foster care homes P P P P P P Garages for parking of commercial vehicles C C Golf courses P Group community residence C C C C C C High schools P' P' P' P' P' Home occupations P P P P P P Libraries C C C C C Lighted ball fields C More than 1 garage C C C C Multi -family dwellings P P Municipal buildings P' P' P' P' P' Museums C C C C C C Nature preservation areas P Parks and playgrounds P Planned unit developments C Personal Wireless Service Facilities, Structure Mounted P P P P P P P Private or parochial schools P' P' P' P' P' Public recreational facilities P Recreational complexes C Rehabilitation homes C C C C C C 372461_2 Notes: 1.Permitted in limited circumstances. A conditional use shall be required if the following circumstances apply: a.A residential dwelling unit is being converted to the proposed use so as to be the principal use of the structure; or b.A new building or structure is to be constructed on property less than 40,000 square feet not currently in use for the proposed use. LAND USE TABLE 2 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS 372461_2 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 permitted P uses) Amusement establishment C C Amusement establishment indoor only C P C C Animal daycare center and kennels C C C C Animal hospital and veterinary clinics C C C C Antique shops P P P P Archery ranges, shooting galleries C C Art and school supply stores P P P P 372461_2 Art and woodcraft studios P P P P Art, sculptor, and composer studios P P P P Art shops or galleries (not auction rooms) P P P P Automobile accessory stores P P P P Automobile fueling stations C P C C C Automobile garages P C C C Automobile leasing/rental agencies P P P Automobile maintenance and service center C P C C C Automobile sales, new or used (with 2 acres C or less) Automobile sales, new or used (with over 2 C P C C acres) Bakeries P P P P P P Banks and financial institutions C P P P P P Banquet halls P P Barber and beauty shops P P P P P Bicycle sales, rental and repair P P P P Billiard and pool halls C C C C Boat showroom, sales and repair C Bowling alleys P P P P Business machine sales P P P P Camera and photo supply stores, film P P P P developing Candy and ice cream stores P P P P P Car wash C P C C C Carpet and rug stores, retail sales P P P P Cartage and express facilities C Catering services C C C 372461_2 Children's recreation centers P P P P China and glassware stores P P P P Clothing and apparel retail stores P P P P P Clothing and costume rental stores P P P P Clubs and lodges C P P P P Coin and philatelic stores P P P P P Colleges and universities C C C C Commercial greenhouses and nurseries P Compost collection facility C C Computer offices and facilities P P P P P P P Computer sales, service and accessories P P P P Concrete fabrication C Contractors', architects' and engineers' offices P P P P P P Contractors', architects' and engineers' C storage yards Contractors' showrooms P P P P Convenience stores P P P P P Convention and exhibition halls C C Cosmetology schools P P P P C Dairy products, retail sales P P P P Dance and music academies/studios P P P P P P Daycare centers C C C C C C C Department stores P P P P Drive-through and drive-in establishment C C C C Driving schools C P P P P Drugstore/pharmacy P P P P P Dry cleaning and laundry establishment P P P P P Dry cleaning plants P 372461_2 Dwelling units, located above the first floor C P P Dwelling units on ground floor C C Exterminating services P Floor covering store P P P P Florist P P P P P Food store, grocery store, meat market and P P P P P delicatessen Funeral homes C C C Furniture store P P P P Furrier shops P P P P Gift shop P P P P P Hardware store P P P P P Health services, clubs, recreation centers, or P P P P gymnasiums Hearing aid stores P P P P Heliports C C Home improvement center (no outdoor P P P P storage) Home improvement center with outdoor C C storage Hospitals C Hotels and motels C C P P P Household electrical appliance stores P P P P Interior decorating shops P P P P Jewelry stores P P P P Lamp and lighting fixture stores P P P P Laundries P Laundromat, automatic, self-service only P P P P P Lawn and garden equipment and supply P P P P 372461_2 Leather goods and luggage stores P P P P Libraries P P P P P Light assembly and repair P P Liquor stores, packaged goods P P P P Locksmith shop P P P P Machinery sales C Mail order, catalog stores P P P P Mail order houses P Manufacturing, heavy C Manufacturing, light P Martial arts school P P P P Massage establishments C C C C Medical or dental offices P P P P P P Miniwarehouse P Motorcycle, snowmobile, or personal C watercraft sales Municipal buildings P P P P C P Museums P P P P P Music stores P P P P Musical instrument sales and repair P P P P Office machine sales and servicing P P P P Office supply stores P P P P Offices, business and professional P P P P P P P P Optical, orthopedic and medical appliance P P P P sales Outside display and sales C C Outside service areas C C Paint and wallpaper stores P P P P 372461_2 Parking lots, other than accessory parking C C P C C P Party supply stores P P P P Personal Wireless Service Facilities P P P P P P P P P Pet shops and grooming establishments P P P P Petroleum tank farm and related accessory C uses Photo developing and image transfer P P P P Photography studios P P P P Picture framing P P P P Planned unit developments C C C C C C C C C Plastics processing C Post office P P P P Printing and duplicating P P P P Printing and publishing establishments P Public utility and service uses C C C C P Public works and park district storage yards P and related facilities Radio and television stations, studios and C P C C P towers Recycling collection centers C P Religious institutions C Repair, rental and servicing of any article of P P P P which is permitted use in the district Research laboratories and testing facilities P P Restaurants P P P P P C C Restaurants, including entertainment and P P P P C dancing Secondhand stores and rummage shops P P P P Shoe stores P P P P 372461_2 Sporting goods stores P P P P Sports training and teaching establishments C C C Stadiums, auditoriums and arenas C C Tailor shops P P P P P Tanning salon P P P P P Taverns and cocktail lounges P P P P Taxi dispatch centers C C P Theaters P P P P Theaters, drive-in C Ticket agencies P P P P Tobacco shops P P P P Towing agencies P Toy shops P P P P Trade or vocational schools (excluding P C cosmetology) Trailer and camper sales and rental C Transfer stations for refuse disposal C P Travel agencies P P P P P Truck sales, rental and repair C Tutoring center P P P P Unique Use C C C C C C C C C Warehouse, distribution and storage facilities P P Watchman's quarters P P P P P Wholesale establishment P P SECTION 6: Section 14.805(D) "Bulk Regulations" to Article VIII "R -X Single -Family Residence District" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: 372461_2 D. Height Limitations: The following height limitations apply to principal buildings constructed in the R -X district: 1. Residential Buildings: The maximum height of a residential building shall not exceed forty+"; feet (4035'). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed forty +h;, -+feet (4035') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. SECTION 7: Section 14.905(D) "Bulk Regulations" to Article IX "R-1 Single -Family Residence District" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-1 district: 1. Residential Buildings: The maximum height of a residential building shall not exceed thirty fivetwen+��,ty eight feet (3528'). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed forty thirty five feet (4035') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. 372461_2 SECTION 8: Section 14.1005(D) "Bulk Regulations" to Article X "R -A Single -Family Residence District" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R -A district: 1. Residential Buildings: The maximum height of a residential building shall not exceed thirty fivetwenty eight feet (3528'). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed forty+"; feet (4035') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. SECTION 9: Section 14.1105(D) "Bulk Regulations" to Article XI "R-2 Attached Single - Family Residence District" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-2 district: 1. Residential Buildings: The maximum height of a residential building shall not exceed thirty fivetwenty eight feet (3528'). 2. Nonresidential: No principal or accessory building located on a zoning lot shall exceed forty thin five feet (4035') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. 372461_2 c. Steeples up to seventy five feet (75') in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. SECTION 10: Article XXII "Off Street Parking and Loading" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be removed in its entirety and shall be replaced in its entirety as follows: 14.2201: SCOPE OF REGULATIONS: A. The off street parking and loading provisions of this article shall apply as follows: For all buildings and structures erected and all uses of land, accessory parking and loading facilities shall be provided as required below. However, where a building permit has been issued prior to the effective date hereof, and provided that construction is begun within six (6) months of such effective date and diligently executed to completion (completion to be accomplished within 18 months of the effective date hereof), parking and loading facilities in the amounts required for the issuance of said building permit may be provided in lieu of any different amounts required by this chapter. When the intensity of use of any building, structure or premises is increased through additional dwelling units, gross floor area, seating capacity, or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. (Ord. 4590, 9-21-1993) 14.2202: GENERAL PROVISIONS: A. Change of Use. Whenever the existing use of a building or structure which has been provided with the required number of off street parking and loading spaces of this chapter shall be changed to a new use, parking or loading facilities shall be required for the new use. If the building or structure was erected prior to the effective date of these parking standards, additional parking or loading facilities are required. Such additional parking shall be calculated using the regulations of this chapter to determine the amount of parking the new use would exceed the parking requirements of the previous use. (Ord. 4590, 9-21-1993) B. Existing Parking and Loading Facilities. Off street parking or loading facilities which were in existence on the effective date hereof or were provided voluntarily after such effective date shall not hereafter be reduced below the requirements of this chapter for a similar new building or use. (Ord. 4590, 9-21-1993) C. Permissive Parking and Loading Facilities. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, improvement and operation of such facilities are adhered to. (Ord. 4590, 9-21-1993) D. Damage or Destruction. For any conforming or legally nonconforming building or use which is in existence on the effective date hereof which subsequently thereto is damaged or partially destroyed to the extent of less than fifty percent (50%) of its replacement value by fire, collapse, 372461_2 explosion or other cause, and which is reconstructed, reestablished or repaired, off street parking or loading facilities need not be provided, except that parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in the event the principal building or structure is damaged or destroyed by any means of fifty percent (50%) or more of its replacement value, it shall be necessary to provide parking or loading facilities as required by this chapter for equivalent new uses or construction; provided, however, that if the principal building or structure contains more than one use, parking and loading facilities, as required by this chapter, need be provided only for those uses which have been damaged or destroyed to the extent of fifty percent (50%) or more of their replacement value. (Ord. 4590, 9-21-1993) E. Off Site Remote Parking Facilities. In cases where parking facilities are permitted on land other than the zoning lot in which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which parking facilities are accessory. Such possession may either be by deed or long term lease, the term of such lease is subject to the approval of the planning and zoning commission and filed with the director of community development. The deed for the off site parking shall require such owner or heirs to maintain the required number of parking spaces for the duration of the use served or the term of the lease, whichever shall terminate sooner. The village board shall have final authority for these lease or deed approvals. Also, leases for off site parking should be limited to no more than one thousand feet (1,000') of the use served in the central business district, and no more than five hundred feet (500') from the use served outside the central business district. (Ord. 4590, 9-21-1993; amd. Ord. 5219, 11-6-2001) F. Off street parking area design. It shall be the responsibility of the community development director to review plans for all off street parking facilities to ensure compliance with the parking section of these regulations and his approval must be obtained before building permit issuance. The arrangement, character, extent, width, grade and location of all parking areas shall be considered in relation to existing and planned streets, to reasonable circulation to traffic within and adjacent to parking areas, to separation of parking, loading, and drive -up stacking, to topographical conditions, to runoff of stormwater, public convenience and safety, and in their appropriate relations to the proposed uses of the area to be served. All traffic intersections and confluences must encourage safe and efficient traffic flow. Any such submission must comply with the requirements of this chapter and the site construction specifications contained in chapter 16 of this code. Off street parking facilities and drive aisles shall be designed so as to discourage use of same as shortcuts and/or bypasses when located between major arterial roadways. Wherever feasible, shared interconnects and shared drive aisles with adjoining properties shall be provided. (Ord. 5751, 8-4-2009) G. Repair and Service. No motor vehicle repair work of a commercial nature shall be permitted in conjunction with off street parking facilities provided. (Ord. 4590, 9-21-1993) H. Maintenance. Upon completion, all off street parking facilities shall be properly maintained at all times, without potholes, broken curbing or other irregularities. (Ord. 4590, 9-21-1993) I. Land Banking. Any development that has a requirement for one hundred fifty (150) parking spaces or more may request up to a thirty percent (30%) reduction in the required parking spaces. Such request shall be approved by the director of community development and shall be accompanied by such documentation and evidence justifying the reduction. Such requests shall also provide for additional land area which may be converted to parking and shall be 372461_2 accompanied by a covenant running with the land to restrict the use of the land for future parking. Such covenant shall specify the authority of the village to require additional parking be installed if and when deemed necessary and to enforce said order upon the ownership. (Ord. 4590, 9-21-1993) J. Collective Provisions. Off street parking facilities for separate uses on the same lot may be provided collectively if the total number of spaces provided collectively is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces in relation to the use served are adhered to. (Ord. 4590, 9- 21-1993) K. Construction Specifications. The construction of off street parking facilities shall conform to all site construction specifications contained in chapter 16 of this code. (Ord. 5253, 5-21-2002) 14.2203: PERMITTED PARKING IN RESIDENTIAL DISTRICTS: A. Commercial Vehicles. The location and condition of commercial vehicles in residential districts shall be permitted as prescribed hereinafter. The following shall not apply to commercial vehicles conducting business at a location within a residential district. 1. Permitted Number Of Commercial Vehicles: No more than one commercial vehicle, as permitted herein, shall be parked on a single-family detached residential zoning lot. No more than one commercial vehicle per residential unit shall be permitted in a multiple -family residential development. 2. Location Of Commercial Vehicle Parking: Commercial vehicles shall be parked in a fully enclosed garage, or in the rear or side yard only, except that a vehicle may be permitted in the front yard if the property is developed in a manner that would physically prohibit parking in the rear or side yard. If front yard storage is required, the vehicle shall be parked as near the front of the garage as is physically possible. In all cases, commercial vehicles shall be parked on an approved hard surface. 3. Size Of Commercial Vehicles: No commercial vehicles that exceed any of the following size criteria may be parked in a residential district: a. Seven feet (7') in height when measured from the ground to the top of the roof; b. Seven feet (7') in width when measured from the widest point of the vehicle (mirrors are not included within the 7 foot width limitation); and c. Nineteen feet six inches (19'6") in length when measured from the front bumper to back bumper, excluding snowplow blades as permitted herein. 4. Exterior Storage On Commercial Vehicles: Storage on the exterior of commercial vehicles which are parked within a residential district shall comply with the following restrictions: a. Rear: Trailers or other attachments shall be prohibited on the rear of a commercial vehicle when parked in a residential district. 372461_2 b. Front: Snowplows shall be permitted on the front of commercial vehicles during the winter season. c. Sides: No storage of any equipment, storage racks or materials shall be permitted on the sides of commercial vehicles. Extension of trailer side walls and pickup truck side walls shall be prohibited. d. Top: Storage racks not exceeding eighteen inches (18") in height, inclusive of ladders and other equipment, shall be permitted on commercial vehicles so long as the overall height of the commercial vehicle does not exceed eight feet (8') when measured from the ground to the top of the storage rack, inclusive of equipment stored on said racks. e. Pickup Truck Bed: Equipment (other than a permanently attached tool box) visible above the top of the trailer and pickup truck bed shall be prohibited. Storage of landscaping material or other loose debris in the trailer or bed of a truck shall be prohibited. 5. Commercial Vehicle Signage: Signage located on the exterior of commercial vehicles shall be limited to the front door panels only of a commercial vehicle. Commercial vehicles parked within a garage will not be regulated with regards to signage. 6. Prohibited Commercial Vehicle Storage: Parking of a commercial vehicle containing a refrigeration unit or other motorized compressor or a commercial vehicle with more than four (4) wheels shall be prohibited within a residential district unless the vehicle is parked within a garage in such a manner that the refrigeration unit is not audible outside the garage. The foregoing is intended to be applicable to those vehicles which use a refrigeration unit or compressor to further the commercial purpose of the vehicle and does not apply to air conditioner units used for the comfort of the driver and passengers. 7. Commercial Trailer Storage Limitations: All commercial trailers parked or stored on a lot in a residential district shall, at all times, be parked in a fully enclosed garage. 8. Application Of Home Occupation Standards: The standards for home occupation as set forth in section 14.307 of this chapter shall be applicable to the parking of commercial vehicles in a residential district, provided that if there is a conflict between section 14.307 of this chapter and this section, then this section shall apply. (Ord. 4590, 9-21-1993; amd. Ord. 4825, 10-1-1996; Ord. 5426, 4-20-2004) 9. Commercial vehicles of all types are permitted to be parked on-site for work purposes provided that no such vehicle shall be parked for more than ten (10) consecutive hours and under no circumstances shall be parked overnight. B. Other Vehicles. Recreational vehicles and equipment as defined herein, automobiles, motorcycles, trucks, vans, and vehicle trailers may be permitted to park only upon an approved driveway or parking pad constructed to the required standards of the site construction specifications contained in chapter 16 of this code. (Ord. 5447, 7-19-2004) 14.2204: RESIDENTIAL DRIVEWAYS: 372461_2 A. Driveways. All single-family and attached single-family driveways shall conform to the following requirements: 1. A minimum of two (2) parking spaces shall meet the required setbacks of the specific zoning district. Driveways shall lead to an off street parking space(s) or parking pad and shall cross the required front or exterior side yard in a manner essentially perpendicular to the street pavement. Circular or dual frontage driveways, or driveways serving side load garages are exempt from this requirement. 2. Minimum driveway width shall be eight feet (8'). 3. Parallel paving strips shall be permitted as alternatives to paved driveway surfaces. Driveway width measurements shall be made from the pavement's outside edge and shall include the width between strips of pavement. 4. Driveway width shall be calculated by including all abutting parallel sidewalks and patios for driveways located within a required front or required exterior side yard. 5. All driveways shall be unobstructed from any encroachment such as chimneys, fireplaces, and bay windows. 6. Driveways serving attached garages shall not exceed twenty-six feet (26') in width unless otherwise regulated elsewhere in this chapter. a. Driveways In Front of Houses. No driveway shall encroach more than three feet (3') beyond the garage toward the front plane of the house, with exception of circular or dual frontage driveways and driveways serving side -load garages as permitted per code. b. Driveways serving three car attached garages may be the same width as the garage, not to exceed a maximum width of thirty-three feet (33'), and shall be tapered to a width no greater than no greater than twenty-six feet (26') within eighteen feet (18') of the garage's front elevation. 7. Driveways serving detached garages shall not exceed twenty-six feet (26') in width, unless otherwise regulated elsewhere in this chapter. a. Driveways In Front of Houses. No driveway shall encroach more than three feet (3') beyond the garage toward the front plane of the principal structure (house). b. Driveways serving detached garages may be the same width as the garage and shall be tapered to a width no greater than twenty-six feet (26') within eighteen feet (18') of the garage's front elevation. Maximum measurement shall be taken from garage's edge farthest from the side lot line, running parallel to the garage fagade. 8. Vehicle Turnaround Pads. Driveways fronting onto a major arterial street, as defined in the village's comprehensive plan, may provide a vehicle turnaround pad no larger than twelve feet (12') in depth as measured parallel to the front lot line, and ten feet (10') in width as measured perpendicular to the front lot line. The vehicle turnaround pad shall be located entirely on the property, perpendicular to the driveway, and at least fifteen feet (15') from 372461_2 the principal structure. The turnaround pad may be in addition to the overall permitted driveway width. 9. Driveways serving side -load garages. Driveways serving side -load garages shall not exceed twenty-six feet (26') in width. Measurements for driveway width shall be taken parallel to the front lot line, no closer to the right of way than two feet (2') from the required front yard setback line. 10. Circular and dual -frontage driveways. Circular or dual frontage driveways for lots with a lot width of seventy-five feet (75') or greater shall meet these minimum requirements: a. Minimum Turning Radius: The circular drive portion of the driveway shall have a minimum turning radius of fifteen feet (15'); b. Width: The circular drive portion of the driveway shall have a minimum width of twelve feet (12') and a maximum allowable driveway width of twenty-six feet (26'), as measured both at the lot line and at the entrance to the garage. B. Parking Pads. 1. Parking pads are subject to the following requirements. a. Parking pads shall be accessible via a driveway serving an attached garage and may encroach into required yards. b. Parking pads shall be a minimum of eight feet (8') in width and shall not exceed 200 square feet in area. All adjacent flatwork (sidewalks, patios) shall be calculated into the parking pad's total area. c. Parking pads shall be included in any maximum driveway width calculation, measured at the point where the parking pad meets the driveway. C. Driveways serving multi -family residential lots shall be considered drive aisles and shall meet the parking lot design standards of the code. 14.2205: ACCESSIBLE PARKING REQUIREMENTS: Accessible parking spaces shall be provided in compliance with the Illinois accessibility code, as amended from time to time, and all additional governing codes and applicable laws: A. Size: Each accessible parking stall shall measure sixteen feet (16') wide, consisting of an eight foot (8') wide parking space and an adjacent eight foot (8') wide diagonally striped access aisle. Adjacent accessible parking spaces cannot share access aisles. The standard length of accessible parking stalls shall be the same as all other parking stalls. B. Number: All parking lots required by this chapter shall provide the following number of accessible parking stalls: TABLE 1 372461_2 Total Number Of Parking Spaces Provided 1 -25 26-50 51 -75 76-100 101 -150 151 -200 201 -300 301 -400 401 -500 501 -1,000 1,001 and over C. Access: The required access aisle must have a smooth transition with adjacent walk surfaces, either by joining at a common level or by use of a curb ramp, and be located on the shortest accessible route of travel to an accessible facility entrance. D. Markings: A high quality yellow paint recommended by the paint manufacturer for pavement shall be used. E. Signage: Each accessible parking space shall be equipped with a sign which complies with the Illinois accessibility code. (Ord. 6112, 12-17-2013) (Ord. 5253, 5-21-2002; amd. Ord. 5447, 7-19-2004; Ord. 5547, 2-7-2006; Ord. 5751, 8-4- 2009; Ord. 6112, 12-17-2013) 14.2206: PARKING LOT DESIGN A. Parking Stall and Drive Aisle Dimensions. All parking stalls and drive aisles shall have the minimum dimensions, as set forth in figure 1 of this section, provided that the vehicle overhang of not greater than two feet (2') may be included in stall depth calculations where such overhang does not extend beyond the property line, encroach on the minimum width of the sidewalk, or encroach upon a required setback. Angle Stall Width Stall Length Aisle Width Total Bay Size — Measured Measured Two parking Parallel to Drive Perpendicular rows and drive Aisle to Drive Aisle aisle 372461_2 Dimension for parking with angles other than what is indicated in the chart above shall be figured proportionately and approved by the community development director. B. Drive Aisle Dimensions. The drive aisle width shall be adequate to maneuver all vehicle types in and out of the site. Drive aisle widths shall be twenty four feet (24') in width (12 feet per lane). Drive aisles which exceed twenty four feet (24') in width shall be approved by the director of community development and be striped to provide for safe vehicular movement. C. Parking Stall Size Reductions. An industrial, commuter, long term business office or multi- family residential use may request a reduction to eight and one-half feet (81/2') in stall width. Such request shall be approved by the director of community development and must be accompanied by such documentation and evidence which shall justify the parking lot safety. D. Parallel Parking Stalls. Off-street parallel parking spaces shall conform to the following requirements: 1. Stall width measured perpendicular to the drive aisle shall be a minimum of ten feet (10'). 2. Stall length measured parallel to the drive aisle shall be a minimum of twenty-four feet (24'). 3. Minimum drive aisle requirements: twelve feet (12') for one-way access and twenty-four feet (24') for two-way access. E. Parking Lot Specifications 1. Setbacks. a. Nonresidential Districts: Parking lots shall be permitted within ten feet (10') of the property line unless adjacent to single-family residential districts. Parking lots located in required yards, which are adjacent to single-family residential districts, shall be prohibited. b. Residential districts. Parking lots located in residential districts shall meet the required setbacks of the specific district. 2. Curb and Gutter: Combination concrete curb and gutter or concrete barrier curb is required around the perimeter of all parking lots and around all islands, provided that with approval of the director of community development this requirement may be deferred for the area adjacent to any future expansion as part of a staged development. Where alternatives to concrete curb and gutter are demonstrated to be more appropriate and recommended by the village engineer, said alternatives may be approved by the director of community development. (Ord. 4590, 9-21-1993) 3. Radii. Ingress/egress drive aisles shall have a thirty foot (30') radii on returns. Concrete islands abutting ninety degree parking stalls shall have a five foot (5') radii on returns. 372461_2 45 12.7 17.5 13 43.6* 60 10.4 19 17 52* 90 9 18 24 (two-way) 60 *Total Bay Size reflective of interior parking rows of same angle with one-way drive aisle Dimension for parking with angles other than what is indicated in the chart above shall be figured proportionately and approved by the community development director. B. Drive Aisle Dimensions. The drive aisle width shall be adequate to maneuver all vehicle types in and out of the site. Drive aisle widths shall be twenty four feet (24') in width (12 feet per lane). Drive aisles which exceed twenty four feet (24') in width shall be approved by the director of community development and be striped to provide for safe vehicular movement. C. Parking Stall Size Reductions. An industrial, commuter, long term business office or multi- family residential use may request a reduction to eight and one-half feet (81/2') in stall width. Such request shall be approved by the director of community development and must be accompanied by such documentation and evidence which shall justify the parking lot safety. D. Parallel Parking Stalls. Off-street parallel parking spaces shall conform to the following requirements: 1. Stall width measured perpendicular to the drive aisle shall be a minimum of ten feet (10'). 2. Stall length measured parallel to the drive aisle shall be a minimum of twenty-four feet (24'). 3. Minimum drive aisle requirements: twelve feet (12') for one-way access and twenty-four feet (24') for two-way access. E. Parking Lot Specifications 1. Setbacks. a. Nonresidential Districts: Parking lots shall be permitted within ten feet (10') of the property line unless adjacent to single-family residential districts. Parking lots located in required yards, which are adjacent to single-family residential districts, shall be prohibited. b. Residential districts. Parking lots located in residential districts shall meet the required setbacks of the specific district. 2. Curb and Gutter: Combination concrete curb and gutter or concrete barrier curb is required around the perimeter of all parking lots and around all islands, provided that with approval of the director of community development this requirement may be deferred for the area adjacent to any future expansion as part of a staged development. Where alternatives to concrete curb and gutter are demonstrated to be more appropriate and recommended by the village engineer, said alternatives may be approved by the director of community development. (Ord. 4590, 9-21-1993) 3. Radii. Ingress/egress drive aisles shall have a thirty foot (30') radii on returns. Concrete islands abutting ninety degree parking stalls shall have a five foot (5') radii on returns. 372461_2 4. Striping. Striping of the pavement surface to define each parking space is required and shall be a minimum of four inches (4") in width from the length of each space. Striping for each parking space shall be painted in yellow or white. Thermoplastic pavement markings are an acceptable alternative. All areas designated as fire lanes shall be marked by posting of signs and/or yellow markings, provided that signs shall be used wherever feasible. (Ord. 4590, 9-21- 1993) 5. Wheel Guards. Parking spaces shall be provided with wheel guards or bumper guards where concrete curbs are not required so that no part of parked vehicles will encroach on an adjacent sidewalk. Bumper guards are not required for interior stalls or in locations where a concrete curb exists. (Ord. 5751, 8-4-2009) 6. Parking Garage Clearance. Parking garages shall have a minimum vertical clearance of seven feet six inches (7'6"). 7. Drive Through Stacking. Stacking for vehicles in drive-through lanes, or other locations where vehicle stacking is required, shall be measured at a distance of twenty feet (20') from the front bumper of the first vehicle in the queue to the front bumper of the second vehicle in the queue, and so forth. Stacking lanes shall be separated from primary parking areas via a landscaped median. 8. Protection Of Lighting Fixtures: Light poles in a parking lot shall be protected from vehicles by curbed landscape islands. 9. Screening and Landscaping. All open parking lot areas containing more than four (4) required parking spaces shall be effectively screened as per the requirements contained in the landscape section of the development code. (Ord. 4590, 9-21-1993) 14.2207: OFF STREET PARKING REQUIREMENTS: The required number of off street parking spaces shall be calculated as listed below: TABLE OF OFF STREET PARKING REQUIREMENTS 372461_2 1 space for every 10 required parking spaces 3/4 space per dwelling unit 1 space per dwelling unit 1 space per guestroom plus 1 space per employee on peak shift. (Restaurants and lounges require separate parking calculations.) 1 space per 4 residents plus 1 space per employee 372461_2 372461_2 Amusement establishments Arena/stadium Bowling alley Club/lodge Cultural institutions and museums Golf course Gym/health club Swimming pool Tennis club Theater Industrial: Manufacturing, research and development, utility Miniwarehouse (Ord. 4590, 9-21-1993; amd. Ord. 5034, 7-20-1999; Ord. 5751, 8-4-2009; Ord. 6029, 9-18- 20121; Ord. 6112, 12-17-2013; Ord. 6147, 7-15-2014) 14.2207.1: CENTRAL AREA PARKING REGULATIONS: In the B-5 central commercial district and the B -5C core central commercial district, for the purpose of allowing existing conditions to continue, additional off street parking is not required at locations where limited parking or no parking is currently provided. Uses which are similar to those in operation at the time this chapter is adopted are not required to add additional parking. 372461_2 However, in areas where there is new construction or major rehabilitation (50 percent or more), or a change in use which warrants additional parking, spaces shall be provided as follows: B. Size: This chapter provides for two (2) sizes of loading berths, short berths and long berths. The vertical clearance of all berths shall be not less than fifteen feet (15'). The size of short and long loading berths shall conform to the following: 372461_2 1. Short Berths: The size of berths, maneuvering aprons, and access aisles shall be as follows: a. Berth Size: Short berths shall have a minimum width of twelve feet (12') and a minimum length of thirty five feet (35'). b. Maneuvering Apron: A maneuvering apron of sixty feet (60') shall be provided. c. Access Aisles: A width of at least twelve feet (12') shall be provided for one-way aisles and twenty two feet (22') for two-way aisles. 2. Long Berths: The size of berths, maneuvering aprons, and access aisles shall be as follows: a. Berth Size: Long berths shall have a minimum width of twelve feet (12') and a minimum length of fifty feet (50'). b. Maneuvering Apron: A maneuvering apron of sixty feet (60') shall be provided. c. Access Aisles: A width of at least fourteen feet (14') shall be provided for one-way aisles and twenty four feet (24') for two-way aisles. C. Access: Each off street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, and shall be subject to approval by the director of community development. D. Surfacing: All open off street loading berths shall be paved with asphalt, concrete or other dustless all weather material capable of bearing a live load of two hundred (200) pounds per square foot. E. Repair And Service: No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any district, except that: 1. Emergency repair service necessary to start vehicles shall be permitted in all districts. F. Utilization: Space allocated to any off street loading use shall not, while so allocated, be used to satisfy the space requirement for any off street parking facilities or portions thereof. G. Central Loading: Central loading facilities may be substituted for loading berths on individual zoning lots provided the following conditions are fulfilled: 1. Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade by means of a ramp or tunnel. 2. Total off street loading berths provided shall meet the minimum requirements herein specified, based on the sum of the several types of uses served. (Area of types of uses may be totaled before computing number of loading berths.) 372461_2 3. No zoning lot served shall be more than five hundred feet (500') removed from the central loading area. 4. The tunnel or ramp connecting a central loading area with the zoning lot serviced shall be not less than twelve feet (12') in width and have a clearance of not less than twelve feet (12'). H. Minimum Facilities: Uses for which off street loading facilities are required herein, but which are located in buildings with less paved area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities, accessible by motor vehicles off any adjacent alley, service drive, or open space on the same zoning lot. (Ord. 4590, 9- 21-1993; amd. Ord. 5751, 8-4-2009) SECTION 11: Article XXIII "Landscape Requirements" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be removed in its entirety and shall be replaced in its entirety as follows: 14.2301: INTENT AND PURPOSE: The purpose of these landscape requirements is to promote, protect and preserve the general health and safety of the people of the community and, as part of the general welfare, ensure aesthetic compatibility among land uses within the community. These regulations are intended to minimize the harmful or nuisance effects resulting from noise, dust, debris, motor headlight glare, artificial light intrusions, objectionable sights or activities, or similar incompatible impacts conducted or created by adjoining or nearby land use. It is also the purpose of these regulations to safeguard the environmental quality and aesthetic character of the community by limiting the removal and ensuring replacement of trees upon private property within the village. These regulations are intended to preserve insofar as practical, existing vegetation and topographical features by limiting unnecessary clearing and modification of land, encouraging the retention of existing mature trees, requiring the replacement of indigenous trees with approved species, and encouraging the energy efficient operation of land uses in the public interest. Landscaping required by this chapter shall be a condition to the issuance of a certificate of occupancy for any improvements built on the subject property. (Ord. 4590, 9-21-1993) 14.2302: LANDSCAPE PLAN REQUIREMENT: A landscape plan shall be required and approved by the director of community development for the following: A. Any nonresidential development of any parcel of land involving the construction of any new building(s), structure(s) or parking facilities, or B. Any multi -family residential development and/or residential PUD, or C. Any development involving expansion by more than twenty five percent (25%) of an existing structure's building footprint, excluding single-family residences, if constructed 372461_2 after the effective date hereof. The plan shall be completed by a landscape architect or a person capable of fulfilling all requirements set forth in this chapter. Requests for relief or revisions to these requirements of this chapter may be submitted to the village manager for his consideration. (Ord. 5751, 8-4-2009; amd. Ord. 6112, 12-17-2013) 14.2303: CONTENT OF LANDSCAPE PLAN: A. Landscape Plan Content Requirements: Locations of existing and proposed improvements, as detailed below, shall be indicated on the landscape plan. Additional information, including technical information, samples, details and/or photographs of materials to be used, may be requested by the director of community development. 1. Principal and accessory structures, including fencing and screening walls, and freestanding signs. 2. Paved surfaces, including sidewalks, plazas, and parking lots. Parking lots areas shall have parking spaces and curbs delineated. Garbage and recycling areas (trash enclosures) shall be noted on the plan. 3.. Existing plant material to remain, including identification of trees, shrubs and ground cover. 4. Proposed location of all new plant materials as identified according to the planting schedule. 5. Proposed treatment of all ground surfaces (ground covers, sod, seed and/or plantings). 6. Location of public right-of-way, lot lines, easements and utility appurtenances. 7. Location of exterior lighting, including parking lot lighting. 8. Methods to be used to protect plants and planted areas (curbs, ties, walls, etc.). 9. Irrigation plan, required for commercial, industrial and multi -family residential projects. 10. Grading and drainage plan, showing spot elevations and/or cross sections. 11. Proposals to protect and preserve existing trees during and after construction. B. Planting Schedule: The following shall be included in the planting schedule and submitted with any landscape plan. 1. Plant material schedule, listing: botanical names; common names; caliper or height; and quantity. 372461_2 2. Plant material schedule of all trees (4 inch caliper and above) to be removed, listing: botanical names; common names; caliper or height; and quantity. 3. Planting data box which shall include the required and proposed calculations for the following: a. Length (in feet) for each lot line: i. Adjacent to public right-of-way. ii. Adjacent to non -residentially zoned property. iii. Adjacent to residential property. b. The total number of trees required and proposed. c. The total number of shrubs required and proposed. C. Title Block: 1. Name and address of property owner. 2. Name of landscape architect. 3. Firm name and address. 4. Scale data. 5. North arrow. 6. Date. 14.2304: DESIGN CRITERIA: A. Scale and Nature of Landscape Material: The scale and nature of landscape material shall be appropriate to the site and structures. B. Selection of Plant Material. 1. Trees to be installed shall meet the minimum criteria: a. Evergreen trees shall be a minimum of six feet (6') in height. b. Ornamental trees shall be a minimum of two inch (2") caliper or five feet (5') clump form. c. Shade trees a minimum of two and one-half inch (21/2") caliper. 372461_2 3. Shrubs to be installed shall meet the minimum criteria at time of installation: a. Fifty percent (50%) of shrubs shall be deciduous and fifty percent (50%) evergreen. b. For shrubs that mature at less than five feet (5') in height, minimum installation size shall be two feet (2'). c. For shrubs that mature taller than five feet (5) in height, minimum installation size shall be three feet (3'). C. Installation Of Plant Materials: 1. Plant materials of all types and species shall be installed in accordance with the minimum technical specifications of the village's "Arboricultural Standards Manual" (see section 9.705 of this code), including the guarantee and replacement sections. 2. A schedule of prohibited and permissible plant materials is provided in section 14.2309 of this chapter. 3. Where overhead power lines exist, only trees that have a mature height of twenty feet (20') or less should be planted underneath. 4. Except areas occupied by planting beds, all landscaping areas located in the front or exterior side yards shall be sodded. 5. Except areas occupied by planting beds, all landscaping areas located in the interior side or rear yards shall be sodded or seeded. 6. Plant materials installed along the perimeters of parking areas and rights-of-way shall be salt hardy. D. Maintenance Of Plant Materials: The owner of the premises shall be responsible for the maintenance, repair and replacement of all landscaping plant materials and related structures, including but not limited to refuse disposal areas, walls, and fences as may be required by the village. When any existing landscaping materials are removed from a nonsingle-family residential property, the removed and replacement materials shall be approved by the director of community development. A means of irrigating plant material shall be provided. E. Planting Beds: Outside of existing plantings, the remaining planting beds shall be mulched in their entirety with ground cover, shredded bark or other similar material. F. Detention/Retention Basins And Ponds: Areas surrounding detention/retention basins and ponds shall be planted above the high water line. Such plantings shall include shade and ornamental trees, evergreens, shrubbery, hedges and/or other live planting materials along the perimeter of the basin or pond. The bottom of the basin/pond shall be planted with sod or hydroseed. Plants must be able to tolerate wet conditions if planted within the basin. 372461_2 G. Areas Where Plant Material Will Not Prosper: In areas where general planting will not prosper, other materials (such as fences, walls and pavings of wood, brick, stone, and cobbles) may be used when demonstrated to the director of community development that the area will not support live plant materials. Carefully selected plant material shall be combined with such materials where possible. 14.2305: RIGHT OF WAY LANDSCAPING: Where a parcel abuts a dedicated public right of way, parkway trees shall be provided in accordance with subsection 15.502 E and sections 15.808 and 16.902 of this code. A. Graded And Sodded: All unpaved areas within the right of way shall be graded and sodded in accordance with section 16.904 of this code. (Ord. 5253, 5-21-2002) 14.2306: SITE LANDSCAPING: A. Parking Lot Landscape Islands. All parking lots designed for four (4) or more required parking spaces shall be planted in accordance with the provisions of this article. 1. Landscape Island Planting Areas. A planting island of at least one hundred twenty (120) square feet in area, and at least seven feet (7') in width, as measured back of curb to back of curb shall be provided for every seventeen (17) parking spaces in a parking row. A planting island shall be required at the end of each row of parking stalls regardless of the number of parking stalls in the row. 2. Landscape Island Planting Materials. One shade tree shall be provided for every one hundred twenty (120) square feet of area in a landscape planting island. There shall be at least fifty percent (50%) live coverage. Live coverage shall consist of a mixture of planting material, including evergreens, shrubs and perennials. B. Perimeter Landscaping. The regulations of this subsection B shall apply to the area defined along an adjacent lot line, extending to any or all of the following: exterior curblines of a parking lot; drive aisles or loading docks; and any building. Foundation landscaping regulations shall apply as indicated in Section 14.2307. 1. Perimeters Abutting/Adjacent to Single -Family Residential Uses: The following landscaping is required along lot lines that are adjacent or abutting a single-family residential use. a. Front and Exterior Side Yards: i. Where located across a street from a residential use, continuous landscaping shall be provided the frontage to a height of three feet (3'). ii. Shade trees shall be provided at the equivalent of fifty feet (50') apart along the abutting lot line. b. Rear and Interior Side Yards: 372461_2 i. A screen/buffer shall be provided at a minimum of six feet (6') in height. ii. Shade trees shall be provided at the equivalent of fifty feet (50') apart along the abutting lot line. iii. Other planting material, including ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials shall be provided at intermittent locations, covering at least seventy five percent (75%) of the linear frontage. 2. Perimeters Abutting/Adjacent to Non -Single -Family Residential Uses: a. Landscaping shall be provided across fifty percent (50%) of the abutting lot line to a minimum height of three feet (3'). For lot lines greater than one hundred feet (100') in length, plantings shall be placed in clusters, containing a minimum of seven (7) shrubs per cluster, spaced at intervals of approximately thirty five feet (35') along the lot line. b. Shade trees shall be provided at the equivalent of seventy five feet (75') apart along the abutting lot line. 3. Exemptions. Landscaping requirements may be waived by the community development director for instances where no or little setback is required or provided, resulting in an area where plant material will not prosper. 14.2307: FOUNDATION LANDSCAPING: A. Setback: A landscaping area a minimum of four feet (4') in width shall be located, around the front and exterior side facade of all buildings; decorative, year round planter boxes and pots may be an acceptable alternative subject to approval of the community development director. B. Coverage: Required foundation landscaping areas shall remain open and free of all paving except where walks to buildings and other similar paving is required. C. Landscaping Materials: Such landscaping shall consist of ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials. Particular attention shall be paid toward screening mechanical equipment and loading docks; softening large expanses of building walls; and accenting entrances and architectural features. 14.2308: TREE PRESERVATION: This section provides standards for protection of trees on private property. Chapter 9, article VII of this code provides standards for protection of trees on public property. A. Tree Removal Procedure: 1. No more than five (5) trees on any property, nor a tree having a caliper of four inches (4") or greater on any proposed development site, shall be removed without a permit meeting the requirements of this section. This section does not apply if the tree removal 372461_2 is requested by the village or if the tree is located on public property. Chapter 9 of this code provides standards for removal of public property trees. 2. The application for a tree removal permit shall be accompanied by: a. A written statement indicating the reason for removal of the tree(s). b. A general description of the tree(s) to be removed. c. A tree survey of the general area (as determined by the department of community development) surrounding the tree(s) to be removed. The tree survey shall consist of trees four inch (4") caliper and above and include a listing of species. d. Arguments for removal under subsections A3c and Aad of this section shall be accompanied by a report from a certified arborist if requested by the department of community development. 3. The village shall approve an application for a tree removal permit if one or more of the following conditions is present: a. It is necessary to remove a tree which poses a safety hazard to pedestrian or vehicular traffic or threatens to cause disruption of public safety. b. It is necessary to remove a tree which poses a safety hazard to structures. c. It is necessary to remove a tree which is diseased or has been weakened by age, storm, fire or other injury. d. It is necessary to observe good forestry practice, i.e., the number of healthy trees a given parcel of land will support. 4. When a tree removal is occasioned by any development or land use requiring the submission of a site plan, or subdivision plan, the said plan shall, upon approval by the village, constitute a tree removal permit. 5. When removing trees, trees shall be removed in their entirety, including trunks, stumps and associated debris. Areas where trees were removed shall be restored to its natural condition. Restoration to natural condition includes, but is not limited to, deposit of topsoil and grass seed or sod. B. Protection Of Existing Trees: The following materials are required for all development activity requiring site plan review: A tree survey indicating the location, size, and species of all trees located on the parcel with a caliper of four inches (4") or greater. 2. Every reasonable effort shall be made to retain existing trees on the aforementioned tree survey through the integration of those trees surveyed into the site and landscaping plans for a proposed development. 372461_2 3. A tree preservation plan indicating, at a minimum, the location of those trees to be preserved and the methods which are to be used to preserve such trees. This tree preservation plan shall specify the following: a. The following preservation techniques shall be employed: (1) All grading and construction equipment shall be forbidden from encroaching within the drip line of a tree. (2) Crushed limestone, hydrocarbons and other materials detrimental to trees shall not be dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivably affect the health of the tree. (3) Snow fencing shall be temporarily installed at the periphery of the tree's drip line. (4) No grade changes shall be allowed under drip line of any trees located on the tree survey. b. The methods which are to be used to preserve those trees shall be clearly specified. If, in the opinion of the village, the necessary precautions as specified in the tree preservation plan were not undertaken before or maintained during construction, the land development permit for the parcel shall not be issued or, if previously issued, shall be revoked until such time as these precautions have been complied with. 4. In the event that a tree designated for preservation is destroyed or razed during the construction process, during regular maintenance activities, or has been removed without prior approval of the community development director: a. Such trees shall be replaced with new trees in accordance with the following: Caliper Number Of (In Inches) Replacement Trees 30 or greater 6 13-29 5 4-12 4 For the above, in the event of a fraction of an inch, if a fraction is less than one-half inch (1/2"), the lower full number listed above shall be used. If a fraction is one-half inch (1/2") or greater, the higher number shall be used. b. A fee in lieu of installing a replacement tree shall also be acceptable if providing the number of replacement trees is not feasible on a specific property. The 372461_2 applicant shall submit a written statement indicating the reasons for the inability to provide the number of replacement trees. The written statement shall be accompanied by a report from a certified arborist if requested by the department of community development. The director of community development shall review and decide if replacement trees, a fee in lieu, or combination thereof is appropriate. A fee in lieu shall be as set forth in appendix A, division II of this code. 5. All replacement trees shall have a minimum caliper of four inches (4"). 6. Replacement trees shall be of like kind of trees removed and are limited to one of the species listed in the schedule of permissible plant materials maintained by the director. 7. Removal of trees designated for preservation shall be allowed only by amending the landscape plan. The amended landscape plan shall indicate the location, species, and size of all replacement trees. (Ord. 4590, 9-21-1993; amd. Ord. 5253, 5-21-2002; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013) 14.239: PROHIBITED AND RECOMMENDED PLANT LIST: PROHIBITED TREE LIST Botanical Name Common Name Acer negundo Box elder Acer saccharinum Silver maple Ailanthus altissima Tree of heaven Betula papyrifera White birch Elaeagnus angustifolia Russian olive Fraxinus species Ash species Ginkgo biloba, female Ginkgo (female only) Maclura pomifera Osage orange Morus species Mulberry (all species) Populus species Cottonwood (all species) Robinia pseudoacacia Black locust Salix babylonica Weeping willow 372461_2 RECOMMENDED PLANT LIST Use of plants not included on the recommended plant list may be permitted with the approval of the director. SHADE TREES (minimum size at installation — 2 % inch caliper): Botanical Name (except in large wet areas) Sorbus species Mountain ash Ulmus americana American elm Ulmus pumila Siberian elm RECOMMENDED PLANT LIST Use of plants not included on the recommended plant list may be permitted with the approval of the director. SHADE TREES (minimum size at installation — 2 % inch caliper): Botanical Name Common Name Acer pseudoplatanus Sycamore maple Acer x freemani Freeman maple Acer rubrum Red maple Acer saccharum Sugar maple Aesculus glabra Ohio buckeye Aesculus hippocastanum Horse chestnut Betula nigra River birch Carpinus betulus European hornbeam Carya cordiformis Bitternut hickory Carya ovata Shagbark hickory Celtis occidentalis Common hackberry Fagus grandifolia American beech Fagus sylvatica European beech Ginkgo biloba Ginkgo (male only) Gleditsia triacanthos var. inermis Thornless honeylocust 372461_2 Gymnocladus dioicus Kentucky coffeetree Juglans cinerea Butternut Larix decidua European larch Larix laricina American larch Liquidambar styraciflua Sweet gum Quercus alba White oak Quercus bicolor Swamp white oak Quercus macrocarpa Bur oak Quercus robur English oak Quercus rubra Red oak Syringa amurensis Japanese tree lilac Syringa pekinensis Peking lilac Taxodium distichum Bald cypress Tilia Americana American Basswood Tilia cordata Littleleaf linden Tilia euchlora Redmond linden Tilia tomentosa Silver linden Ulmus species Improved DED resistant varieties EVERGREEN TREES (minimum height at installation - 6 feet): Botanical Name Common Name Picea abies Norway spruce Picea glauca White spruce Picea omorika Serbian spruce Picea pungens Colorado spruce 372461_2 Pinus parviflora Japanese white pine Pinus strobus Eastern white pine Pinus sylvestris Scotch pine Pseudotsuga menziesii Douglas fir Tsuga canadensis Canadian hemlock ORNAMENTAL TREES (minimum size at installation - 2 inch caliper or be a clump form at a minimum height of 5 feet): Botanical Name Common Name Acer ginnala Amur maple Acer campestre Hedge maple Acer miyabe Miyabi maple Acer tataricum Tartarian maple Aesculus pavia Red buckeye Alnus glutinosa European black alder Amelanchier alnifolia Saskatoon serviceberry Amelanchier arborea Downy serviceberry Amelanchier laevis Allegheny serviceberry Amelanchier x grandiflora Apple serviceberry Betula platyphylla White birch Carpinus caroliniana American hornbeam Cercis canadensis Eastern redbud Cornus kousa Kousa dogwood Crataegus crusgalli var. inermis Cockspur hawthorn Crataegus phaenopyrum Washington hawthorn Magnolia x soulangiana Saucer magnolia 372461_2 Magnolia stellata Star magnolia Malus species Flowering crabapple Ostrya virginiana American hophornbeam Phellodendron amurense American corktree Prunus americana Wild plum Prunus virginiana Common chokecherry Ptelea trifoliata Common hoptree Sophora japonica Japanese pagoda tree Syringa reticulata Japanese tree lilac LARGE DECIDUOUS SHRUBS (minimum height at installation - 3 feet): Botanical Name Common Name Amorpha fruticosa Indigobush amorpha Cephalanthus occidentalis Common buttonbush Cornus alba Tatarian dogwood Cornus alternifolia Pagoda dogwood Cornus mas Cornelian cherry dogwood Cornus racemosa Gray dogwood Cornus sericea Red -osier dogwood Corylus americana American hazelnut Cotoneaster acutifolius Peking cotoneaster Cotoneaster divaricatus Spreading cotoneaster Cotoneaster Iucidus Hedge cotoneaster Cotoneaster multiflorus Many flowered cotoneaster Euonymous alatus compactus Dwarf burning bush 372461_2 Forsythia x intermedia Border forsythia Forsythia viridissima Greenstem forsythia Hamamelis vernalis Vernal witch -hazel Hamamelis virginiana Common witch -hazel Hydrangea paniculata Panical hydrangea Ilex verticillata Common winterberry Physocarpus opulifolius Common ninebark Rhus glabra Smooth sumac Rhus typhina Staghorn sumac Sambucus canadensis Elderberry Syringa species Lilac Tamarix ramosissima Five stamen tamarix Viburnum dentatum Arrowwood viburnum Viburnum lantana Wayfaring tree viburnum Viburnum lentago Nannyberry viburnum Viburnum opulus European cranberry viburnum Viburnum prunifolium Blackhaw viburnum Viburnum trilobum American cranberry viburnum Viburnum x burkwoodii Burkwood viburnum Viburnum x rhytidophylloides Lantanaphyllum viburnum Weigela species Weigela LARGE EVERGREEN SHRUBS (minimum height at installation - 5 feet): Botanical Name Common Name Juniperus species Upright juniper 372461_2 Juniperus virginiana Eastern red -cedar Thuja occidentalis Arborvitae SMALL DECIDUOUS SHRUBS (minimum height at installation - 24 inches): Botanical Name Common Name Amelanchier stolonifera Running serviceberry Aronia melonocarpa Black chokeberry Aronia arbutifolia Red chokeberry Berberis thunbergii Japanese barberry Berberis x mentorensis Mentor barberry Ceonothus americanus New Jersey tea Clethra alnifolia Summersweet clethra Cotoneaster apiculata Cranberry cotoneaster Cotoneaster adpressus Creeping cotoneaster Cotoneaster horizonalis Rockspray cotoneaster Forsythia species Forsythia Hydrangea species Hydrangea Hypericum species St. John's wort Ilex verticillata Common winterberry Myrica pennsylvanica Bayberry Ribes alpinum Alpine currant Rhus aromatica Gro -low sumac Rosa species Rose Stephanandra incisa Cutleaf stephanandra Syringa meyeri Meyer lilac 372461_2 Syringa patula Miss kim lilac Viburnum carlesii Dwarf Korean viburnum Viburnum sargentii Sargent viburnum Viburnum trilobum American cranberry viburnum Viburnum x juddii Judd viburnum Weigela species Weigela SMALL EVERGREEN SHRUBS (minimum height at installation - 24 inches) Botanical Name Common Name Buxus koreana x sempervirens Boxwood Buxus sempervirens Common boxwood Buxus microphylla Littleleaf boxwood Chamaecyparis species Falsecypress Ilex glabra Inkberry Ilex x meserveae Blue Holly Juniperus chinensis Chinese juniper Juniperus horizontalis Creeping juniper Juniperus procumbens Japgarden juniper Pinus mugo var. mugo Mugo Pine Rhododendron species Rhododendron Taxus media Dense yew ORNAMENTAL GRASSES: Botanical Name Common Name Calamagrostis species Feather reed grass species 372461_2 Miscanthus species Maiden grass species Panicum species Switch grass species Pennisetum setaceum Fountain grass PERENNIAL PLANTS: Botanical Name Common Name Astilbe species Perennial false spiraea varieties Buddleia davidii Butterfly bush Chrysanthemum species Garden mum and daisy varieties Coreopsis species Tickseed varieties Dicentra species Bleeding heart varieties Echinacea species Coneflower varieties Hemerocallis species Daylily varieties Heuchera species Coral bells varieties Hosta species Plantain lily varieties Iris species Iris varieties Penstemon digitalis Beard tongue Peonia species Peony varieties Perovskia species Russian sage Rudbeckia species Coneflower varieties GROUNDCOVER PLANTS: Botanical Name Common Name Ajuga reptans Ajuga Arctostaphylos uva-ursi Bearberry or kinnikinnick 372461_2 Asarum europaeum European wild ginger Bergenia cordifolia Pigsqueak or heart -leaf bergenia Carex morrowii Ice dance Japanese sedge Euonymous fortunei Japanese winter creeper Hedera helix English ivy Helleborus orientalis Lenten -rose Heuchera species Coralbells Iberis sempervirens Candytuft Juniper communis var. repanda Creeping juniper Juniper procumbens Dwarf japanese garden juniper Liriope spicata Creeping lily -turf Mahonia repens Creeping mahonia Microbiota decussate Siberian cypress Pachysandra procumbens Allegheny pachysandra Pachysandra terminalis Japanese pachysandra Parthenocissus quinquefolia Virginia creeper Parthenocissus tricuspidata Boston ivy Paxistima canbyi Cliff -green Polystichum acrostichoides Christmas fern Sedum species Sedum Thymus serpyllum Creeping thyme Vinca minor Common periwinkle Waldsteinia ternata Barren strawberry 372461_2 SECTION 12: Section 14.2401 "Purpose" to Article XXIV "Definitions" to Chapter 14 "Zoning" to the Mount Prospect Village Code shall be removed in its entirety and shall be replaced in its entirety as follows: 14.2401: PURPOSE: In the construction of this chapter, the definitions contained in this article shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions and rules of word use shall apply Words contained in this chapter and not defined hereinafter, shall assume definitions as prescribed in Webster's unabridged dictionary (1979 edition). ABUTTING: Having a common border with, or being separated from such a common border by a right of way, alley or easement. ACCESSORY STRUCTURE: A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of a principal structure. Said structures may include, but are not limited to, garages and sheds, as further defined by this code. ACCESSORY USE: A use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary, incidental and subordinate to the conduct of the principal use. ALLEY: A public or private way permanently reserved as a secondary means of access to abutting properties. AMATEUR RADIO: The use of designated radio frequencies for purposes of private, noncommercial communication. "Amateur" includes persons with a recreational interest in radio technique solely with personal aim and without direct pecuniary interest, and shall not include commercial broadcasting, public safety communication, or professional two-way radio services. Also known as "ham radio". AMUSEMENT DEVICE: Any machine, game, table or device which is designed, intended or used as a test of skill and may be operated by the public upon insertion of coin, or token, or the use of which is made available for any viable consideration and is operated by the manipulation of buttons, dials, trigger devices or electrical impulses. ANTENNA: A system of wires, poles, rods, reflecting disk, or similar devices used for the transmission or reception of electromagnetic rays, external to or attached to the exterior of any structure. 372461_2 ANTENNA, WIRELESS SERVICE: The surface from which wireless radio signals are sent and received by a personal wireless service facility. "Antenna" should not be used as a synonym for "cell site". APPLICANT: Refer to section 15.202 of this code. APRON: Refer to section 16.202 of this code. ARBOR: A latticework bower or archway supported by three or more non-linear posts, typically intertwined with climbing vines and flowers. AUTOMOBILE FUELING STATION: A business establishment which includes the retail dispensing or sale of vehicular fuel and incidental convenience goods, having pumps and storage tanks thereon but no repair services. AUTOMOBILE GARAGE: A business establishment which shall include major repair of motor vehicles, including the rebuilding of engines, or major reconditioning or reconstruction of worn or damaged motor vehicles or parts thereof, body, frame or fender straightening, or reconstruction and painting of vehicles or parts thereof. AUTOMOBILE MAINTENANCE AND SERVICE CENTER: A business establishment which shall include incidental or minor repair of motor vehicles, including the replacement of worn or damaged parts in minor motor or tune up services, but not including the sale of gasoline products or any operation included within the definition of "automobile garage". AWNING: A rooflike structure made of cloth which projects from a building for the purpose of shielding a doorway or window from the elements. BASEMENT: Refer to section 21.501 of this code. BEAUTY SHOP: A business establishment where cosmetology services are provided. This includes, but is not limited to, hair, nail, and skin care, and other spa services not including massage therapy. BENCH MARK: Refer to section 16.202 of this code. BLOCK: A tract of land bounded by streets, or combination of streets and public parks, cemeteries, railroad rights of way, waterway shorelines, or boundary lines of municipalities. BUILDING: Refer to section 21.501 of this code. BUILDING, EXISTING: Any structure erected prior to the adoption of the appropriate code, or one for which a legal building permit has been issued. 372461_2 BUILDING LINE (Also Referred To As BUILDING SETBACK LINE): The line established by law, beyond which a building shall not be erected or extend, except as specifically provided by law. BUILDING, PRINCIPAL: The primary structure or building located on the lot which houses the permitted use or conditional use within the zoning district. CANOPY, NONRESIDENTIAL: A permanent hood, awning or rooflike construction, which may or may not include support columns, which projects from a building wall for the purpose of providing shelter or protection from the weather. CANOPY, RESIDENTIAL: A rooflike structure, without walls, screens, or windows, that projects from the building wall, covering a stoop, and does not exceed the dimensions of the stoop. CERTIFICATE OF COMPLETION: Refer to section 15.202 of this code. CERTIFICATE OF OCCUPANCY: Refer to section 15.202 of this code. COLLOCATION: The use of a single mount on the ground by more than one carrier (vertical collocation) and/or several mounts on an existing building by more than one carrier. COMMERCIAL/BUSINESS SCHOOL: An establishment which offers specific courses of classroom instruction, for profit, to the general public, in business, trade, industry or other trained skills; but does not offer academic instruction equivalent to the standards prescribed by the school code of Illinois. COMMERCIAL TRAILER: Any trailer: a) carrying work equipment such as ladders, snowplows, hand or mechanical tools; b) carrying work machinery on or affixed to the outside of the trailer; c) containing a refrigeration unit or other motorized compressor; or d) being used for storage shall be considered commercial trailers. None of the following shall be considered a commercial trailer: a) a recreation trailer that is not included in the above categories; and b) Mount Prospect police or fire trailers. COMMERCIAL VEHICLE: Any vehicle with a class designation other than passenger, or trailer carrying work equipment such as ladders, snowplows, hand or mechanical tools, or machinery on the outside of the vehicle or trailer; any vehicle or trailer containing a refrigeration unit or other motorized compressor, not including air conditioner units used for the comfort of the driver and passengers; or any vehicle or trailer containing a name, logo, or any other signage for any business enterprise visible from the outside of the vehicle; or any vehicle used for public transportation purposes capable of carrying more than seven (7) persons, excluding vehicles used as commuter vans as defined by the Illinois motor vehicle code. Government police and fire vehicles falling within the size criteria set forth in this chapter, pickup trucks with class B designation, passenger vans with class B designation, and recreation vehicles not fitting within the above criteria shall not be considered commercial vehicles. COMMON OPEN SPACE: A parcel or parcels of land intended to provide light and air, and 372461_2 designed and intended for the common use or enjoyment of the residents or occupants of the development. COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis, or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. COMPREHENSIVE PLAN: The plan for the long range growth and development of the village including graphic and written proposals and supporting or implementing documents, as are adopted and amended from time to time. CONDITIONAL USE: A use that, owing to some unique characteristics attendant to its operation or installation, is permitted in a district subject to approval of the village board, and subject to special requirements, different from those usual requirements for the zoning district in which the conditional use may be located. CONTROL OR OWNERSHIP: Any person, agent, firm or corporation having a legal or equitable interest in the property or having the legal authority to act on behalf of all owners, which shall be evidenced by deed, contract or other written guarantee. CUL-DE-SAC: A local street, one end of which is closed and consists of a circular turnaround. DAMAGE: Any direct loss of property by fire, windstorm, flooding or act of God. DAYCARE CENTER: A nonfamily home that regularly provides daycare for less than twenty four (24) hours per day for more than three (3) children. Daycare centers shall meet all applicable village, county and state regulations. DAYCARE HOME: A family home which receives more than three (3) and up to a maximum of twelve (12) children for less than twenty four (24) hours per day, provided the mix of the children's ages does not require an assistant pursuant to the Illinois department of children and family services' licensing standards for daycare homes. The maximum of twelve (12) children includes the family's natural, foster or adopted children and all other persons under the age of twelve (12). Daycare homes shall meet all applicable village, county and state regulations. DENSITY: The number of dwelling units permitted per acre of land excluding land area occupied by public or private streets. DETENTION: Refer to section 15.202 of this code. DEVELOPMENT: Refer to subsection 15.1036 of this code. 372461_2 DEVELOPMENT SCHEDULE: Refer to section 15.202 of this code. DEVELOPMENTAL DISABILITY: A disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or similar physical or mental conditions which are manifested in the early stages of life and expected to continue indefinitely. DIRECTOR: The "director of community development" as defined in section 15.202 of this code. DONATION BOX: An outdoor container or receptacle used for collecting donated household items such as clothing, shoes, and books. DRIVE-IN RESTAURANT AND DRIVE-IN FOOD ESTABLISHMENT: A food service establishment with or without interior facilities for eating which caters to and permits the consumption of food either in customers' automobiles parked on the premises, or in any other designated area on the premises, outside the establishment where the food is prepared. DWELLING: A building, or portion thereof designed or used exclusively for residential occupancy. Not included are hotels, motels, rooming, boarding or lodging houses. Multiple -Family: A building, or portion thereof consisting of three (3) or more dwelling units. Single -Family, Attached: A building, structure or portion thereof containing three (3) or more attached single-family dwellings where the units are primarily connected horizontally. Single -Family, Detached: A building containing a single dwelling unit only, which is separated from all other dwellings by open space. Two -Family: A building consisting of two (2) dwelling units which have been attached. DWELLING UNIT: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate bathroom and facilities for cooking and sleeping. EASEMENT: Refer to section 15.202 of this code. FAMILY: One or more persons related by blood, marriage or adoption or a group of not more than five (5) persons not so related, maintaining a common household in a dwelling unit. FAMILY COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of no more than eight (8) unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. FAMILY HOME: The location, or portion of the location, where the person to be licensed as the primary caregiver in the daycare home resides and is domiciled. 372461_2 FENCE, AREA: A fence located immediately adjacent to a permitted patio, deck or similar accessory structure. FENCE, OPEN: A fence, including gates, designed and constructed with at least fifty percent (50%) of its surface area as open space of uniform distribution, when viewed from a right angle. FENCE, PERIMETER: A fence located on or within six inches (6") of a property line. FENCE, SOLID: A fence, including gates, designed and constructed with greater than fifty percent (50%) of its surface area as opaque material of uniform distribution, when viewed from a right angle. FENCE/WALL: A freestanding structure resting on or partially buried in the ground and rising above the ground level, forming a barrier which is not otherwise a part of any building or other structure and is used to delineate a boundary or as a means of confinement or privacy. FLOOR AREA: The sum of the gross horizontal area of all floors of a building, including principal and solid -roofed accessory structures as measured from the exterior footprint. Floor area shall exclude: A. Areas used for storage of building, mechanical and HVAC equipment; B. Basements in single-family dwellings with a ceiling height less than three feet (3') as measured from the finished grade; C. Attic spaces in single-family dwellings with a ceiling height less than seven feet (7'); D. Unenclosed porches, stoops, and canopies, as defined in this chapter; and E. For the purposes of determining off street parking requirements for restaurant uses, floor area shall not include areas devoted primarily for storage, restrooms, and corridors used solely for accessing these areas. FLOOR AREA RATIO (FAR): Determined by dividing the number of square feet of floor area in all buildings on a lot by the square feet of area of that lot. FREE AND UNLIMITED PHYSICAL ACCESS: The existence of at least one unobstructed passageway from the second housekeeping unit to the entire remainder of the dwelling unit. To conform to this definition, the passageway may have a door, but the door shall not have any locking mechanism of any kind whether the lock is used or not. The passageway shall clearly permit all persons on the premises to have access to the entirety of the premises. A lock on a separate bedroom door within the second housekeeping unit shall be permitted pursuant to this definition. FRONTAGE: The narrowest portion of a lot or parcel which abuts a public street. FULL CUTOFF FIXTURE: A luminaire, or light fixture, that allows no emission of light above horizontal. 372461_2 GARAGE: A structure designed to house motor vehicles and to store items and equipment necessary to maintain and keep up the primary structure and the property that it is located upon. GAZEBO: A freestanding roofed structure that is at least twenty five percent (25%) open sided and is designed for recreational use. GLARE: Light emitting from a luminaire that causes reduced vision or momentary blindness. GRADE: Refer to section 16.202 of this code. GREENHOUSE: A structure constructed primarily of glass or other translucent material which is devoted to the protection or cultivation of flowers or other plants. GROUP COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of nine (9) to fifteen (15) unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. GUARANTEE: A form of security, including cash escrow, letter of credit, or surety bond, acceptable by the village to assure that required improvements are completed, operating properly and/or adequately maintained. GUYED TOWER: A monopole or lattice tower that is tied to the ground or other surface by diagonal cables. HARDSHIP: A practical difficulty in meeting the requirements of this chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances. HEIGHT, BUILDING: Refer to section 21.501 of this code. HEIGHT, FENCE: The vertical distance as measured from grade level to the highest point of the fence, excluding the required drainage separation area as further defined in this chapter. HOME OCCUPATION: An accessory use conducted completely within a dwelling unit and clearly incidental and secondary to the use of the dwelling for residential purposes. No home occupation or part of any home occupation shall be conducted in a garage. A home occupation may include a for profit home business or a home office for a resident who may work for another employer, or contract or consult with another company or individual. Any home occupation or home business is subject to the appropriate standards of this chapter. HOTEL/MOTEL/MOTOR INN: An establishment which provides lodging accommodations for transient guests where less than twenty percent (20%) of the rooms are used or intended for occupancy by permanent guests. A hotel shall provide maid service, linen service, telephone and desk service, and the use and upkeep of furniture. Said establishments shall exclude boarding or lodging houses, and apartment hotels. IMPERVIOUS SURFACE: Refer to section 16.202 of this code 372461_2 IMPROVEMENT, PRIVATE: Refer to section 15.202 of this code. IMPROVEMENT, PUBLIC: Refer to section 15.202 of this code. IMPROVEMENTS: Refer to section 15.202 of this code. KITCHEN UNIT: Refer to section 21.501 of this code. LATTICE TOWER: A ground mounted structure that is self-supporting with multiple legs and cross bracing of structural steel. LIGHT TRESPASS: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. LOT AREA: The horizontal area within the lot lines of a lot, measured in feet. LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection. LOT DEPTH: The average horizontal distance, measured in feet, between the front and rear lot lines. The distance shall be measured from the midpoint of the front lot line to the midpoint of the rear lot line. LOT, FLAG: A lot with access provided to the bulk of the lot by means of a narrow corridor. LOT, INTERIOR: A lot other than a corner lot. LOT LINE: A recorded property boundary line of any single lot which divides one lot from another lot or from a right of way. LOT LINE, EXTERIOR: A recorded property boundary line which divides a lot from a road right of way. LOT LINE, FRONT: A recorded property boundary line separating the front yard from a road right of way. LOT LINE, INTERIOR: A recorded property boundary line which divides one lot from another lot. LOT LINE, REAR: A recorded property line boundary that does not intersect a front lot line and is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line. LOT LINE, SIDE: Any recorded property boundary line other than a front or rear lot line. LOT OF RECORD: A designated parcel of land identifiable as a single separate tract which is part of a subdivision, the plat or deed of which has been recorded or registered with the appropriate county office or the deed to which has been recorded or registered with the appropriate county office pursuant to 765 Illinois Compiled Statutes 205, and which is intended to be used, developed or built upon as a unit. LOT, THROUGH: Any interior lot which has a pair of lot lines along two (2) substantially parallel 372461_2 streets. LOT, UNIMPROVED: Any lot or tract of land which is unoccupied by any building or aboveground structure and upon which no construction has commenced. LOT WIDTH: The horizontal distance between side lot lines, measured in feet, at the required front setback line. LOT, ZONING: A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. The single tract of land may or may not coincide with a lot of record. LUMINAIRE: A complete lighting unit consisting of the lamp or lamps and ballast(s) together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. MANUFACTURING, HEAVY: The assembly, fabrication or processing of goods and materials using processes that ordinarily have greater than minimal impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, visual impact, odors, glare, or health and safety hazards, or that otherwise do not constitute "light manufacturing". Heavy manufacturing generally includes processing and fabrication of large or bulky products made from extracted or raw materials and processes that require extensive floor areas or land area for the fabrication and/or incidental storage of the products. "Heavy manufacturing" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use. MANUFACTURING, LIGHT: The assembly, fabrication or processing of goods and materials using processes that do not create noise, smoke, fumes, odors, glare or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place, where such processes are housed entirely within a building. Light manufacturing generally includes processing and fabrication of finished products predominantly from previously prepared materials and includes processes that do not require extensive floor areas or land areas. "Light manufacturing" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use. MASSAGE ESTABLISHMENT: Refer to section 11.3901 of this code 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. 372461_2 OUTDOOR STORAGE CABINET: A structure similar to but smaller than a shed, made from prefabricated panels or purchased fully assembled, used to protect household goods from the elements. OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property. PARK: An area open to the general public and reserved for recreational, educational, cultural, or scenic purposes. PARK, COMMUNITY: A park by size, program, and location which provides space and recreation activities for a defined service area or a significant geographic segment of the community. Such facilities may provide both outdoor and indoor recreational areas including open space, athletic fields, public pools, community centers, recreational centers, or similar uses and their related off street parking facilities. PARK, NEIGHBORHOOD: A park by size, program, and location which provides space and recreation activities for residents and businesses located within a one mile radius. Such facilities shall be limited to primarily outdoor recreation areas including open space, athletic fields, tot lots, public pools, or similar uses. PARKING LOT: Refer to section 15.202 of this code PARKING PAD: An open, paved area used by the owner or tenant of a residential property to store automobiles, motorcycles, trucks, vans, recreational vehicle trailers and recreational vehicles, with primary access from a driveway. PARKWAY: Refer to section 15.202 of this code. PERGOLA: A freestanding, open roofed structure that is open to the elements, consisting of columns supporting girders and cross rafters upon which vines and other climbing plants may grow. PERSONAL WIRELESS SERVICE FACILITY: The plant, equipment and property, including, but not limited to: cables, wires, conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services, as further defined in the telecommunications act. A personal wireless service facility is the appropriate term for "cell site" in ordinances and other official documents. PERSONAL WIRELESS SERVICES: Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services. PETITIONER: Any person filing for any variation, conditional use permit, zoning amendment and/or appeal, change in the comprehensive plan and/or subdivision. PLANNED UNIT DEVELOPMENT: A parcel of land, or contiguous parcels of land of a size sufficient to create its own character which is planned and developed as a single entity, containing two (2) or more principal structures or uses, with appurtenant common areas and which is under single ownership or control. The plan does not necessarily correspond in lot size, 372461_2 bulk, type of dwelling, use, lot coverage or required open space to the site's designated zoning district classification. The site may be planned and developed as a whole in a single development operation or in planned development stages. PLANNING AND ZONING COMMISSION: Refer to section 15.202 of this code. PLAT: Refer to section 15.202 of this code. PLAT, FINAL: Refer to section 15.202 of this code. PLAT OF SURVEY: Refer to section 15.202 of this code. PRINCIPAL BUILDING: A building or buildings in which the primary use on a lot on which the structure(s) is located is conducted. PRINCIPAL USE: The main use of land or structures, as distinguished from a secondary or accessory use. PUBLIC UTILITY: Refer to section 15.202 of this code. PUBLICLY NAVIGABLE WATERS: Refer to section 22.102 of this code. RECREATION CENTER: A building, buildings, or use of land operated on a profit basis, with or without membership requirements, for the provision of entertainment, sport, or health/exercise facilities directly to the consumer; including, and limited to, racquet facilities, swimming pool, exercise and weightlifting facilities, basketball courts, jogging track, sauna, whirlpool, suntan booth and accessory uses. RECREATIONAL EQUIPMENT: Every vehicle or other transportation equipment designed to be used primarily for recreational purposes, including, but not limited to, the following: Boat: Any vessel used for water travel. A trailer upon which a boat is mounted shall be deemed to be a boat for purposes of this chapter and when such a boat is maintained on a trailer the two (2) shall be considered as one vehicle. Camping Trailer: A trailer constructed with partial side walls which fold for towing and unfold to provide temporary living quarters for recreational camping or travel use and of a size or weight not requiring an oversize permit when towed on a highway. Motor Home, Mini -Motor Home Or Van Camper: A self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk-through access to the living quarters from the driver's seat. Such vehicles must include at least four (4) of the following: A cooking facility with an onboard fuel source; A gas or electric refrigerator; A toilet with exterior evacuation; A heating or air conditioning system with an onboard power or fuel source separate from the 372461_2 vehicle engine; or A potable water supply system that includes at least a sink, faucet, and a water tank with an exterior service supply connection. Off The Road Vehicle: A vehicle intended principally for recreational off road use, such as a dune buggy, go-cart, ATV or snowmobile. Racing Car Or Cycle: A vehicle intended to be used in racing competition, such as a racecar, stock car or racing cycle. Travel Trailer: A trailer designed to provide living quarters for recreational, camping or travel use, and of a size or weight not requiring an oversize permit when towed on a highway. Truck Camper: A truck, not used commercially, when equipped with a portable unit designed to be loaded onto the bed which is constructed to provide temporary living quarters for recreational, travel or camping use. Vehicle Trailer: A vehicle without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. Other Recreational Equipment: Other wheeled items which are designed for recreational use but do not meet the exact definitions of items defined herein. RECREATIONAL VEHICLE TRAILER: A vehicle with or without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle, or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. REHABILITATION HOME: Any residential facility located in a dwelling, under federal, state or municipal licensing, which provides a home environment with room and board and recreational personal counseling or other rehabilitative services, generally of nonmedical nature, to not more than twenty five (25) individuals who require specialized assistance in order to achieve personal independence. A rehabilitation home is limited to mentally ill, chemically dependent, or alcohol dependent individuals and abused individuals. RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research investigation, testing or experimentation, development or research of products or of new and emerging technology, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory or as otherwise permitted in this chapter. RESIDENTIAL CARE HOME: Any residential facility which under state or municipal licensing, provides a home environment with services or treatment to persons with certain physical, mental, or social disabilities while functioning as a single unit. A residential care home shall include the following: family care home, group care home, and rehabilitation home. 372461_2 RESUBDIVISION: The division or consolidation of a previously divided lot or parcel; including alteration of public rights of way, easements and other changes of the subdivision. RETAIL ESTABLISHMENT: Any building or use where the primary occupation is the sale of merchandise and services directly to and for use by consumers, except not institutional, commercial and industrial consumers or for resale. RETAINING WALL: A freestanding structure designed and constructed to support a mass of earth or resist lateral earth pressures. RETENTION (WET BOTTOM): Refer to section 15.202 of this code. RIGHT OF WAY: Refer to section 15.202 of this code. SENIOR HOUSING: Housing in which all dwelling units are intended, designed, maintained, and operated exclusively for occupancy by persons sixty two (62) years of age or older. SHED: Small accessory building, larger than an Outdoor Storage Cabinet, whether or not placed on a permanent foundation, that is designed to store household items and equipment necessary to maintain and keep up the primary structure and the property that it is located upon. SHOPPING CENTER: A business development containing four (4) or more indoor retail stores, connected by party walls, developed under one ownership, with an integrated building arrangement having an aggregate floor area of more than twenty thousand (20,000) square feet, which developed with its off street accessory parking facilities shall be considered as a single unit. Shopping centers shall include all retail sales and service facilities except drive-in and/or automotive sales and service. SHOPPING CENTER, REGIONAL: A business development containing ten (10) or more indoor retail stores connected by party walls and developed under one ownership, with an integrated building arrangement, having an aggregate floor area of more than one hundred thousand (100,000) square feet and located on a lot at least twenty (20) acres in size with off street accessory parking facilities. The development shall be considered as a single unit. SIGHT TRIANGLE: A triangular area established at the intersection of two (2) streets or a street and a driveway in which nothing is erected, planted, placed or allowed to grow so as to limit or obstruct the sight distance of motorists. Such a triangle shall have legs of ten feet (10') along the rights of way when two (2) streets intersect or when a right of way and a driveway intersect. SITE PLAN: Refer to section 15.202 of this code. SOLAR ENERGY CONVERSION SYSTEM: A solar photovoltaic device that converts solar energy into electricity or mechanical energy that can be used to power machinery, appliances, 372461_2 or generators. STOOP: A platform at the entrance to a building with a maximum dimension of eight feet (8') in width and five feet (5') in depth. STREET: Refer to section 15.202 of this code. STRUCTURAL ALTERATIONS: Any change in the supporting members of a structure, including bearing walls, columns, beams and/or girders. STRUCTURE: Refer to section 15.202 of this code. STRUCTURE MOUNTED ANTENNA: A structure mounted antenna is typically located on structures such as streetlights, traffic lights, water towers, utility poles and sides and roofs of buildings. STRUCTURE, TEMPORARY: Any structure that is not permanently located, placed, or affixed in the place where it is or where it is intended to be placed. SUBDIVISION: Refer to subsection 15.103A of this code. TAVERN: For purposes of the zoning ordinance only, a tavern is a building or portion of a building where alcoholic beverages are sold to be consumed on the premises. Such facilities would not include restaurants where the principal business is serving food. TERRACE: A landscape treatment of mounded earth, rock wall, railroad tie wall, or other retaining device used to modify steep grade differences on a lot. A terrace shall not include a patio or deck surface. THEATER: Any building or structure designed for the enactment of dramatic or of musical performances and/or showing of motion pictures with audience seating and open to the general public without age restrictions. A dinner theater shall be deemed a restaurant. TRELLIS: A decorative feature, linearly constructed of latticed or patterned materials, often used to support climbing plants, that is no more than 25% opaque. Temporary trellises used to support seasonal plants, such as tomato cages or bean pole frames, shall not be considered trellises for the purposes of the regulations outlined in Section 14.319 of this chapter. TRUCK TERMINAL: Either end of a carrier line 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 372461_2 level of illumination for a given area. UNLICENSED WIRELESS SERVICES: Commercial mobile services that can operate on public domain frequencies and, therefore, need no federal communications commission (FCC) license for each cell site. UNPERMITTED SECOND HOUSEKEEPING UNIT: Any living quarters, located in a single- family residential zoning district that: A. Is within the walls of another dwelling unit or physically connected to a detached single- family home; and B. Contains its own kitchen unit that is in addition to the main kitchen unit in the residence; and C. Does not have free and unlimited physical access to the remainder of the dwelling unit. UNIQUE USE: A use not listed as a permitted use, special use or conditional use within any zoning district. USE: Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied. Also, any activity, occupation, business or operation carried on, or intended to be carried on, in or on a structure or on a tract of land. VARIATION: A dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property which, because of unusual or unique circumstances, is denied by this code. VEHICLE TRAILER: A wheeled vehicle, including a recreational vehicle trailer, without its own motor power, that is designed to transport any material, object or objects and that is designed so that it is eligible to be licensed or registered for highway use. VILLAGE: The village of Mount Prospect. VILLAGE MANAGER: Refer to section 15.202 of this code WAREHOUSE, STORAGE: A business that receives and stores goods of others for compensation or profit. WHIP ANTENNA: A thin rod that beams and receives a signal in all directions. WHOLESALE ESTABLISHMENT: Any building, business or use where the primary occupation is the sale of merchandise in gross for resale to the retail dealers and/or use or resale of merchandise by institutional, commercial, and/or industrial businesses. WIND ENERGY CONVERSION SYSTEM: An apparatus for converting the energy available in the wind to electricity or mechanical energy that can be used to power machinery, appliances, or generators. YARD: The required minimum open space on a lot between a lot line and building setback line 372461_2 which is unoccupied and unobstructed from grade upward, except as provided in the general provisions of this chapter. Exterior Side: A side yard abutting a street. Front: A yard extending along the full width of the front lot line between the side lot lines and the front building setback line. Interior Side: A side yard adjacent to another lot or tract of land. Rear: A yard extending along the full width of the rear lot line between the side lot lines and the rear building setback line. Side: A yard extending along the side lot line from the front yard to the rear yard and measured between the side lot and building setback line of the property. ZONE: A mapped area of the village of Mount Prospect, exclusive of streets, alleys and other public ways, within which certain uses of land, premises and buildings are permitted when constructed and used in accordance with this code. (Ord. 5253, 5-21-2002; amd. Ord. 5290, 11- 19-2002; Ord. 5304, 2-4-2003; Ord. 5380, 11-4-2003; Ord. 5426, 4-20-2004; Ord. 5751, 8-4- 2009; Ord. 6112, 12-17-2013; Ord. 6147, 7-15-2014) SECTION 13: Article II "Rules and Definitions" to Chapter 15 "Subdivision, Development and Site Improvement Procedures" to the Mount Prospect Village Code shall be removed in its entirety and shall be replaced in its entirety as follows: 15.201: RULES: The following rules of construction apply to the text of this chapter: A. Words used in the present tense shall include the future, and the words used in the singular number shall include the plural number, and the plural the singular. B. The word "shall" is mandatory and not discretionary. C. The word "may" is permissive. D. The word "person" includes an individual, partnership, firm, corporation, association, or other legal entity. E. In the case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control. F. Terms not herein defined shall have the meanings customarily assigned to them, or, if questioned, as defined in Webster's unabridged dictionary. (Ord. 5253, 5-21-2002) 15.202: DEFINITIONS: 372461_2 The following definitions shall apply in the interpretations and enforcement of this chapter ABUTTING: Having a common border with, or being separated from such a common border by a right of way, alley or easement. ADMINISTRATIVE SUBDIVISION: A subdivision that may be approved by the director of community development and does not require a public meeting before the planning and zoning commission or approval by the board of trustees. ALLEY: A public or private way permanently reserved as a secondary means of access to abutting properties. APPLICANT: The property owner or his/her authorized representative proposing that a parcel of land be subdivided, developed, rezoned, and/or receive approval for a conditional use, text amendment, exception, variation or change in the comprehensive plan. BLOCK: Refer to section 14.2401 of this code. BUILDING: Refer to section 21.501 of this code BUILDING DIVISION: The building division of the department of community development BUILDING PERMIT: A permit issued by the village of Mount Prospect for the construction of any building, development, site improvement or maintenance. BUILDING SETBACK LINE: See definition of Building Line in section 14.2401 of this code. CCHD: The Cook County highway department. CERTIFICATE OF COMPLETION: The certificate issued by the director of community development which permits the use site construction (excluding construction of a new building), or of minor remodeling of an occupied building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit. CERTIFICATE OF OCCUPANCY: The certificate issued by the director of community development which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit. CHARITABLE ORGANIZATION: Any not for profit corporation, association or foundation organized and operated exclusively for charitable purposes that qualifies for tax exemption status under section 501(c)(3) of the internal revenue code. COMPREHENSIVE PLAN: Refer to section 14.2401 of this code. CONTROL OR OWNERSHIP: Any person, agent, firm or corporation having a legal or equitable interest in the property or having the legal authority to act on behalf of all owners, which shall be 372461_2 evidenced by deed, contract or other written guarantee. CUMULATIVE: The summation of work performed since this ordinance became effective. DAMAGE: Any direct loss of property by fire, windstorm, flooding, vandalism, accident or act of God. DEDICATION: A plat that designates an area of land for public uses. DENSITY: Refer to section 14.2401 of this code. DEPARTMENT OF COMMUNITY DEVELOPMENT: The department of community development of the village of Mount Prospect. DEPARTMENT OF FINANCE: The department of finance of the village of Mount Prospect. DEPARTMENT OF PUBLIC WORKS: The department of public works of the village of Mount Prospect. DETENTION (DRY STORAGE): The temporary on site storage of stormwater runoff, which does not include any permanent water surface. DEVELOPMENT: Refer to subsection 15.1038 of this chapter. DEVELOPMENT CODE: The "village of Mount Prospect development code" including this chapter and chapters 14 and 16 of this code. DEVELOPMENT PLAN: The documentation, both written and diagrammatic, which sets forth the improvements proposed for any given or proposed subdivision or resubdivision. DEVELOPMENT REGULATIONS: Those regulations pertaining to development. Refer to section 15.401 of this chapter. DEVELOPMENT SCHEDULE: A specific construction program detailing the phases, stages and timing of a construction project. DIRECTOR OF COMMUNITY DEVELOPMENT: The director of community development of the village of Mount Prospect, or the director's duly authorized agent(s). DIRECTOR OF FINANCE: The director of finance of the village of Mount Prospect, or the director's duly authorized agent(s). DIRECTOR OF PUBLIC WORKS: The director of public works of the village of Mount Prospect, or the director's duly authorized agent(s). DRIVE AISLE: That portion of a parking lot used for the movement of vehicles. DRIVE AISLE APRON: That portion of a drive aisle located in a public right of way. DRIVEWAY: A paved surface used for access to a single-family residential property from the public right of way. 372461_2 DRIVEWAY APRON: That portion of a driveway located in the public right of way DWELLING: A building, or portion thereof, designed or used exclusively for residential occupancy. Not included are hotels, motels, rooming, boarding or lodging houses. EASEMENT: An authorization or grant by the property owner of one or more of the property rights for the use by another person or entity for a specific purpose. EXCEPTION: A dispensation permitted as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property which, because of unusual or unique circumstances, is denied by this code. FIRE CHIEF: The fire chief of the village of Mount Prospect or the fire chiefs duly authorized agent(s). FRONTAGE: The narrowest portion of a lot or parcel which abuts a public street. GUARANTEE: A form of security, including cash escrow, letter of credit, or similar instrument acceptable by the village to assure that required improvements are completed, operating properly, or adequately maintained. HARDSHIP: A practical difficulty in meeting the requirements of this chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances. IDOT: The Illinois department of transportation. IMPROVEMENT REGULATIONS: Those regulations pertaining to improvements to a property. Refer to this chapter. IMPROVEMENTS: Any building, structure, object or change to the natural state of the land on which they are situated which increases its utility, value, or habitability. Private: Any such improvement for which the responsibility of ownership and maintenance will be retained by the property owner, lessee, or association of owners. Public: Any such improvement for which the responsibility of ownership and maintenance will be assumed by the village, another governmental unit, or a public utility, or which is constructed for general public use or benefit. INSTITUTIONAL: Any public or private school, library, hospital, church, or any other place of public assembly. LOCAL GOVERNMENTAL BODY: Any of the following governmental bodies: county, township, municipality, municipal corporation, school district, forest preserve district, park district, fire protection district, sanitary district, library systems and all other local governmental bodies. LOT, CORNER: Refer to section 14.2401 of this code 372461_2 LOT DEPTH: Refer to section 14.2401 of this code. LOT, FLAG: Refer to section 14.2401 of this code. LOT, INTERIOR: Refer to section 14.2401 of this code. LOT LINE: Refer to section 14.2401 of this code. LOT (LOT OF RECORD): Refer to section 14.2401 of this code. LOT, THROUGH: Refer to section 14.2401 of this code. LOT, UNIMPROVED: Refer to section 14.2401 of this code. LOT WIDTH: Refer to section 14.2401 of this code. MWRD: Metropolitan water reclamation district of greater Chicago. MAINTENANCE: Refer to subsection 15.103D of this chapter. NET ACRE: The total land area remaining on a development site after all rights of way are dedicated. NONPROFIT ORGANIZATION: An organization subject to and organized under the Illinois general not for profit corporation act of 1986, for any one or more of the following or similar purposes: charitable, benevolent, educational, civic, patriotic, religious, social, athletic, or scientific. OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property. PARK: Refer to section 14.2401 of this code. PARKING LOT: An open area other than a street or public way, used for the storage of first division motor vehicles as defined in Chapter 18 of the Village Code, for limited periods of time. Such storage may be free, for compensation, or as an accessory use for customers and employees of a business, or residents and guests of a multi -family development. Parking Lots with storage of second division motor vehicles may occur as accessory uses only, when such storage is directly associated with the principal use. Parking lots by definition shall include drive aisles immediately accessing parking stalls. PARKWAY: That part of the public right of way not occupied by the street pavement and located between the back of the curb, or edge of pavement on streets with no curbs, and the right of way line, as well as the raised dividing strip of a roadway. (Where a sidewalk exists, the right of way line is often, but not always, 1 foot behind the sidewalk.) The exact location of the right of 372461_2 way line shall be as indicated on a plat of survey. PLANNED UNIT DEVELOPMENT: Refer to section 14.2401 of this code. PLANNING AND ZONING COMMISSION: The commission of appointed officials authorized by the village board to review subdivision plats and associated code exception requests from this chapter and chapters 14 and 16 of this code, and other duties assigned by the village board. PLAT: A map or chart of a parcel(s) of land. Final Plat: A map of all or part of a subdivision or resubdivision and any supporting documentation, providing substantial conformance with the engineering and site plans. Plat Of Survey: A map of a parcel or lot depicting boundaries of the property, and the location of all buildings, structures, and improvements with precise dimensions indicated. Preliminary Plat: A tentative map indicating the proposed layout and showing all required details of a subdivision. PUBLIC UTILITY: Any person(s), firm, corporation, municipality, or other public authority providing natural gas, electricity, water, telephone, telegraph, storm sewer, sanitary sewer, cable television, transportation, or other services of a similar nature. RESUBDIVISION: The division or consolidation of a previously divided lot or parcel, including alteration of public rights of way included in a subdivision. RETENTION (WET BOTTOM): The permanent on site storage of stormwater runoff. RIGHT OF WAY: A strip of land acquired by or dedicated to benefit the public and occupied or intended to be occupied by a street, walkway, railroad, public utility, parkway trees, or other similar use. SIGHT TRIANGLE: Refer to section 14.2401 of this code. SITE PLAN: A plan, prepared to scale, showing accurately, and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses, parking, landscaping, and principal site development features proposed for a specific parcel of land. STREET: An area which provides for vehicular and pedestrian access to abutting land or to other streets. A street includes the entire right of way and any improvements which may be located within the right of way. Streets may be classified as "arterial", "collector", or "local" as defined in section 18.133 of this code. Many arterial streets are also under the jurisdiction of IDOT or CCHD. These are listed below: Streets under IDOT jurisdiction: Algonquin Road (Route 62) Busse Road - Golf to Tollway (1-90) Central Road, except between Rand and Wolf Dempster Street - Redwood to Algonquin 372461_2 Golf Road (Route 58) Northwest Highway (Route 14) Oakton Street Rand Road (Route 12) River Road Route 83 Streets under CCHD jurisdiction: Busse Road - Central to Golf Camp McDonald Road Dempster Street; except between Redwood and Algonquin Euclid Avenue Mount Prospect Road In addition, streets may fall under the following classifications Cul -De -Sac: A local street, one end of which is closed and consists of a circular turnaround or other village approved turnaround design. Frontage Road: A street parallel and adjacent to an arterial designed to provide direct access to abutting properties or local streets and with controlled access to the arterial. Private Street: For purposes of this chapter, a private street is defined as an undedicated street which is privately owned and maintained. Also see section 18.133 of this code. Public Street: A street which has been formally dedicated to and accepted by a public body. STRUCTURE: An object that can be built and is permanently located in or upon the land and/or permanently affixed to such an object. SUBDIVIDER: Any individual(s), firm, corporation, trust, or other legal entity having an interest in land that is the subject of a subdivision or resubdivision. SUBDIVISION: Refer to subsection 15.103A of this chapter. USE: Refer to section 14.2401 of this code. VILLAGE: The village of Mount Prospect, Cook County, Illinois. VILLAGE ENGINEER: The village engineer of the village of Mount Prospect, or other person designated by the director of public works. VILLAGE MANAGER: The village manager of the village of Mount Prospect, or the village manager's duly authorized agent(s). YARD: Refer to section 14.2401 of this code. 372461_2 ZONING ORDINANCE: Chapter 14 of the municipal code of the village of Mount Prospect, Illinois. (Ord. 5253, 5-21-2002; amd. Ord. 5426, 4-20-2004; Ord. 6206, 7-7-2015) SECTION 14: Section 15.305(D)(5) "Subdivision Standards" to Article III "Subdivision Procedures and Standards" to Chapter 15 "Subdivision, Development and Site Improvement Procedures" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: 5. No building, structure or other obstruction shall be constructed upon any easement, with the exception of accessory structures as set forth in sections 14.306 and 7.305 of this code. The director of community development may require that the applicant execute an indemnification/hold harmless agreement and provide written authorization from the applicable utility companies. (Ord. 5253, 5-21-2002; amd. Ord. 6113, 12-17-2013) SECTION 15: Section 16.304 "Pavement on Private Property" to Article III "Paving, Sidewalk, Curb and Gutter" to Chapter 16 "Site Construction Standards" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: 16.304: PAVEMENT ON PRIVATE PROPERTY: All construction on private property in a subdivision or development shall conform to the requirements stated herein. No private improvements may be considered for future acceptance by the village unless constructed in accordance with section 16.303 of this article. A. Parking Lots: 1. All parking lots shall be designed in conformance with chapter 14, article 22-XXII of this code. 2. All parking lot pavement shall be designed in conformance with: a. The minimum structural number for bituminous concrete pavement shall be 2.0 for parking stalls areas and a minimum structural number of 2.5 for aisles and fire lanes; b. The minimum thickness for concrete pavement shall be six inches (6") 3. Combination concrete curb and gutter type 136:12 or concrete barrier curb type B shall be constructed around the perimeter of all parking lots and around all islands within parking lots. 372461_2 4. Striping of the pavement surface to define each parking stall is required and shall be a minimum of four inches (4") wide for the length of the stall per specifications in Chapter 14, article XXII. All areas designated as fire lanes and/or "No Parking" shall be painted with yellow stripes. 5. Any location within parking lots intended for storage of trash containers shall be constructed of concrete rather than bituminous surface and shall be enclosed with an approved screen or enclosure. B. Private Streets: All streets that serve as access or frontage to subdivided lots shall be dedicated to the public unless specific approval is granted by the village board. When any private streets are constructed the following shall apply: 1. Design: Private streets shall conform to the requirements for public streets as stated in section 15.405 of this code regarding general layout and design and intersections and offsets. 2. Construction: Private streets shall conform to the requirements for public streets as stated in section 16.303 of this article regarding pavement design and specifications. 3. Sidewalks: Sidewalks shall be constructed along private streets and where necessary to provide access from parking areas to buildings. Sidewalks shall have a minimum clear width of five feet (5) where separated from the curb by a grass parkway of at least two feet (2') in width. Where the sidewalk abuts the back of a curb, or the grass parkway is less than two feet (2') wide, the sidewalk shall have a clear width of seven feet (7'). 4. Bike Paths: Whenever constructed, bike paths shall comply with the requirements stated in section 16.309 of this article. 5. Easements: Easements shall be required for any development in order to provide for placement of public utilities, protection of residential uses, continuity of waterways, and pedestrian access. Easements shall be located whenever necessary to ensure these objectives and shall be subject to the use, design, and location conditions stated in subsection 15.305 D of this code. (Ord. 5253, 5-21-2002) SECTION 16: Section 16.306 "Driveways" to Article III "Paving, Sidewalk, Curb and Gutter" to Chapter 16 "Site Construction Standards" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: 16.306: DRIVEWAYS: A. General: 1. Design: All driveway designs shall be consistent with the projected traffic volume, type of traffic, and type of roadway, and shall be subject to the review and approval of the village. All driveways shall meet the minimum standards of the zoning ordinance and this chapter. 372461_2 2. Distance And Number: Driveway access to arterials shall be kept to a minimum. Whenever possible adjacent uses shall share common driveway access to arterials. The minimum distance between driveways on arterials shall be three hundred feet (300'), unless otherwise permitted upon review by the director of community development and the director of public works. 3. Driveway Apron: It is the responsibility of the owner to properly maintain the driveway apron. 4. Use Of Wire Mesh: Wire mesh shall not be permitted in the public right of way. Wire mesh may be installed in a driveway on private property only. 5. Driveway Removal: Any driveway removal must include the stone base, as well as the driveway pavement, within the limits of the public right of way. All disturbed grass areas within the right of way shall then be restored with topsoil and sod in accordance with section 16.904 of this chapter. B. Single -Family Driveways: 1. Driveway pavement (including aprons) shall be constructed of: a. Minimum -six five inch (56") concrete with a minimum two inch (2") compacted aggregate base course, or b. Minimum two inch (2") class I bituminous surface with a minimum eight inch (8") compacted aggregate base course. c. Brick or exposed aggregate concrete base driveways are permitted, subject to the requirements detailed in subsection D of this section. 2. Driveway aprons for single-family residential buildings shall be a minim, rn of none foo+ (9') in width for one Gar driveways and shall ethepNise be the width of the driveway as permitted by the zoning ordinance and shall be three feet (3') wider at the curb. This additional width at the curb shall not be considered when determining the maximum driveway width. Exceptions to the minimum apron width may be approved by the director of public works to avoid parkway obstructions. C. Multi FamilyGernmeMial And Industrial Drive w ay Non -Single Family Drive Aisles and Aprons: 1. Drove .,-Drive Aisles On Multi FamilyGernmeMial And IndustrialNon-Single Family Property: Drove aisles within a site shall be constructed to parking lot specifications at a minimum. Drive way -s -Drive aisles with high volume of truck traffic shall increase the structural strength of the pavement. 2 Driveway Apprea,.hoC Drive Aisle Aprons: Multifamily, nommornial and ind stria4 driveway appr^a^ho-- Non -single family drive aisle aprons shall have a width equal to the approved droveway-driye aisle width at the property line. Brveway-Drive aisle design shall be based upon a width of twelve feet (12') per lane. Any droveway-drive aisle 372461_2 designed for three (3) or more lanes, or drive aisles greater than twelve feet (12') in width per lane, shall be striped or divided, as approved by the village. The driveway aeaEidrive aisle apron shall have a minimum fifteen foot (15') radius return at the street. D. Brick Driveway Aprons: Brick driveway aprons or exposed aggregate concrete may be installed by the property owner, subject to the following conditions: 1. The brick driveway shall be gapped around the public sidewalk. 2. It shall be the responsibility of the property owner to pay for the repair or replacement of brick or exposed aggregate concrete driveway aprons when damaged or in need of repair as a result of the repair of public utilities, streets or sidewalks. (Ord. 5253, 5-21- 2002) SECTION 17: Section 21.501 "Definitions of Words and Phrases" to Article V "Definitions" to Chapter 21 "Building Code" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: 21.501: DEFINITIONS OF WORDS AND PHRASES: Whenever in this chapter the following words and phrases are used, they shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this article, except when the context in which they are used indicates otherwise: AGGRIEVED PARTY: One suffering from an alleged infringement or denial of his legal rights by reason of a decision or ruling of the director of community development. ALCOVE: A recess connected with or at the side of a larger room, with an unobstructed opening into such room equal to at least twenty percent (20%) of the entire wall surface of the alcove. ALLEY: A public way within a block, generally giving access to the rear of lots of buildings and not used for general traffic circulation. ALTERATION: As applied to a building or structure, a change or rearrangement of rooms or spaces, the structural parts, the means of egress, or an enlargement whether by extending a side or by increasing the heights, or the moving from one location or position to another. APARTMENT: A room or suite of two (2) or more rooms in an apartment building occupied as a family domicile where provision is made for living, sleeping, cooking and eating within the room or suite of two (2) or more rooms. APARTMENT BUILDING: Any building which contains apartments. APPROVED: Approved by the director of community development under the provisions of this chapter, or by other authority designated by this code to give approval or to be used as a standard in the matter in question. APPROVED MASONRY: Masonry constructed of brick, stone, concrete, hollow block, solid 372461_2 block or combination of these materials, or other materials approved by the director of community development. AREA: A. Building Dimensions: As applied to the dimensions of a building, the maximum horizontal area of the building at or above grade. B. Floor Surface: As applied to floor surface measurement, the horizontal projected floor area inside of exterior enclosure walls or between exterior walls and firewalls. C. Pool Area: The apron immediately adjacent to a swimming pool extending to a minimum of five feet (5') from the said pool. ATTIC: The space between the ceiling beams of the top story, and the roof rafters, and containing no habitable room. AUTOMATIC USE: Automatic as applied to fire protection devices, automatic refers to a device or system that provides an emergency function without the necessity of human intervention and activates as a result of a predetermined temperature rise, or rate of temperature rise or increase in the level of combustion products, such as is incorporated in an automatic sprinkler system, automatic fire door, etc. BASEMENT: That portion of a building having no more than three feet (3') of its floor to ceiling height above the average level of the adjoining finished grade. BATHROOM: A room containing a tub, shower compartment or other facilities for bathing. BEARING WALL: A wall which supports any load in addition to its own weight. BOARD OF TRUSTEES: The board of trustees of the village of Mount Prospect. BOILER ROOM: A room containing the fuel burning equipment and/or fuel storage for a heating or power generating system. BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy. BUILDING, BUSINESS: A building occupied for the transaction of business, for the rendering of professional services, for the display and sale of goods, wares and merchandise, for the supplying of food, drink or other bodily needs or comforts, or for the performance of certain work or labor, including, among others, office buildings, stores, markets, restaurants, not excluding factories, storage or warehouse buildings. BUILDING, FRAME: Buildings having a wood frame or having brick, stone or stucco veneering on a wood frame which wholly or partly serves as the structural support of the building or its load. BUILDING, INSTITUTIONAL: A building in which persons are harbored to receive medical, charitable or other care or treatment; or in which persons are held or detained by reason of public or civic duty or for correctional purposes, including, among others, hospitals, asylums, 372461_2 sanitariums, firehouses, police stations and jails BUILDING LINE: The line established by deed or law, beyond which a building shall not extend, except as specifically provided for in the zoning code or other ordinance of the village. BUILDING, PUBLIC: A building in which persons congregate for civic, political, educational, religious, social or recreational purposes, including, among others, courthouses, schools, colleges, libraries, museums, exhibition buildings, lecture halls, churches, assembly halls, lodge rooms and dance halls. BUILDING, SKELETON: A building composed of only structural framework, or a rigid supportive or protective structure or shell. BULKHEAD: A raised portion of floor construction and the partition enclosing it, which provides headroom for a stair flight or, when in connection with store show windows, provides a means for light and ventilation to the basement space below. CEILING: The overhead covering of a room. CEILING HEIGHTS: The clear vertical distance from the finished floor to the finished ceiling. CEMENT FLOOR: A floor not less than four inches (4") in thickness of concrete composed of one part Portland cement, three (3) parts of sand and five (5) parts of crushed stone or gravel. CEMENT LIME MORTAR: A mixture of one part of hydrated lime to not more than six (6) parts of sand, proportioned by volume, with an addition of not less than ten percent (10%) of Portland cement to the lime by volume. CEMENT MORTAR: A mixture of one part of Portland cement and not more than three (3) parts of sand, proportioned by volume, with an allowable addition of hydrated lime not to exceed twenty percent (20%) of cement volume. CERTIFICATE OF COMPLETION: Refer to section 15.202 of this code. CERTIFICATE OF OCCUPANCY: Refer to section 15.202 of this code. CHIMNEY OR FLUE: A vertical, or approximately vertical, conduit through which smoke and/or gases of combustion escape to the outer air. CLERK OR VILLAGE CLERK: The village clerk of the village. CLOSET: A nonhabitable room used for storage. CONCRETE: A. Except when otherwise specifically provided, "concrete" shall mean a mixture of one part of Portland cement and not more than three (3) parts of sand and five (5) parts of crushed stone or gravel, all proportioned by volume. B. "Reinforced concrete" means Portland cement concrete in which steel is embodied in such a manner that the two (2) materials act together in resisting forces. 372461_2 DEAD LOADS: The weight of all permanent structural and nonstructural components of a building, such as walls, floors, roofs, ceilings, stairways and fixed service equipment. DEPARTMENT OF COMMUNITY DEVELOPMENT: Refer to section 15.202 of this code. DEPARTMENT OF FINANCE: Refer to section 15.202 of this code. DEPARTMENT OF PUBLIC WORKS: Refer to section 15.202 of this code. DIRECTOR OF COMMUNITY DEVELOPMENT: Refer to section 15.202 of this code. DIRECTOR OF FINANCE: Refer to section 15.202 of this code. DIRECTOR OF PUBLIC WORKS: Refer to section 15.202 of this code. DISTRICTS: The zoning districts as described in the zoning ordinance of the village of Mount Prospect. DWELLING: Any building which contains one or two (2) "dwelling units" used, intended, or designed to be built, used, rented or leased, which are occupied for living purposes. DWELLING, UNIT: Refer to section 14.2401 of this code. EGRESS: A means or route of exit from a room or building including a doorway, passage, corridor, stairway or fire escape. ELEVATOR: A hoisting and lowering mechanism equipped with a car or platform which moves in guides for the transportation of individuals or freight in a substantially vertical direction through successive floors or levels of a building or structure. ENCLOSING WALLS: A wall separating the interior of a building from the exterior. Such walls may act as bearing walls, enclosing walls or curtain walls. EXIT: That portion of a means of egress which is separated from all other spaces of a building or structure by construction and opening protectives as required for exits to provide a protected way of travel to the exit discharge. Exits include exterior exit doors, exit stairways, exit passageways and horizontal exits. FAMILY: An individual, two (2) or more persons related by blood, marriage or law, or a group of not more than any five (5) persons living together in a dwelling unit. Servants having common housekeeping facilities with a family consisting of an individual, or two (2) or more persons related by blood, marriage or law, are part of the family for this code. FENCE: Refer to section 14.2401 of this code. FLOOR: A horizontal or approximately horizontal system, other than a ceiling, used to support loads within a building (see also definition of Story). FLOOR AREA: Refer to section 14.2401 of this code FLOOR AREA RATIO: Refer to section 14.2401 of this code 372461_2 FOOTING: A construction supported directly on the ground which supports walls, piers and columns. FOUNDATION WALL: A wall or pier extending to or below frost level serving as support for a wall, pier, column or other structural part of a building. FURRING: A construction of wood, metal, masonry or other material, the sole purpose of which is to obtain a plane or contour for other surface materials. GARAGE: A building, shed or enclosure, or a part thereof, in which a motor vehicle is stored, housed or kept. GARAGE, PRIVATE: A garage for not more than three (3) motor vehicles in which no business or industry connected directly or indirectly with motor vehicles is carried on. GARAGE, PUBLIC: A garage not included within the term "private garage". HABITABLE ROOM: A room designed and intended for use and/or occupied by one or more persons for living, sleeping, eating or cooking; includes kitchens serving dwelling units, but does not include bathrooms, water closet compartments, laundries, pantries, storage rooms or below grade recreation rooms. HEIGHT OF BUILDING: The vertical distance of a building or structure as measured in feet, from the average finished grade to the highest point of the roof or parapet, if a flat roof, or the peak if a hip, gable, mansard, or gambrel roof. The average of the finished grade shall be measured from the two corner points of the building closest to the front lot line, and exterior side lot line if applicable, excluding open stoops, stairs or porches. Mechanical penthouses, chimneys and steeples shall not be included in measuring the height of buildings. HOLLOW BLOCK: A cellular building block of burnt clay or concrete in which cellular spaces within the blocks exceed twenty five percent (25%) of the gross cubic content of the block. KITCHEN: A room or an alcove containing cooking facilities and in which food may be prepared. LIME MORTAR: A mixture of one part slacked lime or hydrated lime not more than four (4) parts of sand proportioned by volume. LINTEL: A beam placed over an opening or recess in a wall which supports the construction above. LIVE LOAD: Those loads produced by the use and occupancy of the building, not including environmental loads such as wind loads, snow loads, earthquake loads or dead loads. MANAGER OR VILLAGE MANAGER: The village manager of the village of Mount Prospect. NEW CONSTRUCTION: An existing structure shall be considered as new construction and shall meet all of the provisions of this code and all other adopted codes and standards for new construction when either of the following conditions exist: 372461_2 A. The linear feet measurement of demolished exterior walls is greater than fifty percent (50%) of the total linear feet of the existing exterior walls (perimeter of the existing walls). For the purpose of this definition a wall is considered to be demolished when, in the opinion of the village engineer, the structural integrity of the wall has been compromised (no longer capable of supporting the structure) or when two (2) or more components of the wall are removed; or B. The square footage of the structure is increased by one hundred fifty percent (150%) of the existing structure's square footage. In single-family homes and townhomes the habitable square footage shall be used as a basis for determining the percentage of square footage increase. NONCOMBUSTIBLE: Any material which will not sustain fire NONCOMBUSTIBLE CONSTRUCTION: A construction in which all materials used in the construction and finish are noncombustible to the point that the construction will not sustain fire. OCCUPIED: As applied to a building shall be construed as though followed by the words "or intended, arranged or designed to be occupied". OFFICE: A place where clerical work, writing or drafting is done, where clients are interviewed, professional services are rendered or where business is transacted without an immediate transfer of goods. OPEN AREA: With respect to fences, open area shall be determined so that any given square foot of such fence shall consist of not more than fifty percent (50%) fencing material including posts and rails. PANTRY: A space accessory to a dining room or kitchen for storage of dishes or food or for a preparation of food without the use of heat. PARAPET: A wall of approved masonry projecting above the roofline to prevent the spread of fire. PARTIAL CERTIFICATE OF OCCUPANCY: A certificate of occupancy issued for a portion of a building or structure prior to completion of the entire building or structure. PARTY WALL: A wall of approved masonry used or adapted for joint use between two (2) buildings and shall comply with wall thickness as provided for under masonry construction. PATIO: A recreation area that adjoins a dwelling, is often paved, and is adapted especially to outdoor dining. PATIO ENCLOSURE: A screened seasonal leisure area which is attached to the principal structure, unheated and which is not intended to be used as a habitable room. PATIO SCREENING: A screen, preferably decorative, natural or artificial, which screen is placed adjacent to a patio for the purpose of concealing such patio. PERMITTEE: That person or persons authorized by the authority having jurisdiction to perform specific activity. 372461_2 PERSON: Every natural person, firm, copartnership, association or corporation. PETITIONER: Refer to section 14.2401 of this code. REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of maintenance. Repair does not include work that would affect the structural safety of the building or that would affect or change required exit facilities or that would affect the vital element of an elevator, plumbing, gas piping, wiring or heating installation, or that would be in violation of a provision of this code. SOLID ROCK: A building block of burnt clay or stone, gravel or cinder concrete in which cellular spaces within the block do not exceed in the aggregate twenty five percent (25%) of the gross cubic content of the block. SPRINKLERED: Equipped with an approved automatic sprinkler system containing an arrangement of piping and sprinklers designed to operate automatically by the heat of fire and to discharge water upon such fire. STAIRWAY: One or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one floor to another; including risers, treads, floor landings, stair platforms, supporting members, handrails, newel posts, balustrades and the enclosure of such stairs from the required exit to the exit door of the building or grade. A. Flight: A series of steps between successive landings and platforms. B. Landing: The floor space immediately adjoining the top or bottom of a flight. For an enclosed stair, the landing is the floor space within the enclosure. C. Open Stair: A stair without a complete enclosure. D. Step: A rise and adjoining tread. E. Tread: The horizontal width of a step not including the nosing. F. Width: The clear width of a stair between parallel required handrails or between a required handrail and a wall. An unrequired handrail shall not be considered in measuring stair width. STOP ORDER: An order, written or oral, to cease and desist any and all construction activities, which order is issued by the director of community development. STORY: That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. STREET: Refer to section 15.202 of this code. STRUCTURE: Any construction, or any production or place of work artificially built up or composed of parts joined together in some definite manner; including, but not limited to, stadia, gospel and circus tents, reviewing stands, platforms, radio towers, air conditioning compressor units, coal bins, fences, display of signs and poles connected by wires for the transmission of 372461_2 electricity. SWIMMING POOL: An artificial or semiartificial receptacle or other container for a body of water having a depth at any point of more than two feet (2') whether located indoors or outdoors, used or intended to be used for public, semipublic or private swimming by adults or children or both adults and children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any "person" as defined elsewhere in this article, whether he be an owner, lessee, operator, licensee or concessionaire and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of same; including, but not limited to, the following: Hot Tub: A large tub usually wooden and normally filled with heated water used by adults and/or children to soak in. Swimming Pool, Excavated: Any swimming pool being constructed in whole or in part below the grade level and out of doors. Swimming Pool, Indoor: Any swimming pool so constructed as to be located in whole or in part within a structure or building in such manner as to become part of the real estate. Swimming Pool, Portable: Any prefabricated swimming pool which has a depth at any point of more than two feet (2'), which pool may be utilized without an excavation and which has an empty weight of less than two hundred (200) pounds, which weight shall be inclusive of all the appurtenances of the said pool. Swimming Pool, Public And Semipublic: All swimming pools operated and maintained in conjunction with or by clubs, motels, hotels, multi -unit buildings housing more than three (3) families, and community associates, and shall include any swimming pool other than a private residential swimming pool. Swimming Pool, Raised Deck: Any "swimming pool" as defined in this article being constructed in such manner as to have a flat floor, roofless area resting above the grade level, which raised deck shall lie immediately adjacent to and surrounding the upper edge of said pool which shall not be an excavated pool. Swimming Pool, Residential Private: A swimming pool located in any residentially zoned district used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it without payment of any fee. UNPROTECTED METAL CONSTRUCTION: Applies to buildings in which the structural supports are metal and in which the roofing and walls or other enclosures are of sheet metal or other incombustible materials, or of masonry deficient in thickness or otherwise and not conforming to approved masonry. VILLAGE ATTORNEY: The village attorney of the village of Mount Prospect. VILLAGE ENGINEER: The village engineer of the village of Mount Prospect, or other person designated by the director of public works. (Ord. 5339, 6-17-2003; amd. Ord. 5384, 11-18-2003; Ord. 5426, 4-20-2004; Ord. 5746, 6-16-2009) 372461_2 SECTION 18: Section 23.1904 "Signs" to Article XIX "Garage Sales" to Chapter 23 "Offenses and Miscellaneous Regulations" to the Mount Prospect Village Code shall be deleted in its entirety. SECTION 19: Appendix A, Section 7.620 "Indemnification" to Division I "Bonds, Salaries, Insurance and Miscellaneous" to Chapter 7 "Sign Regulations" to the Mount Prospect Village Code shall be deleted in its entirety. SECTION 20: Appendix A, Section 7.610 "Permit Fees" to Division II "Fees, Rates and Taxes" to Chapter 7 "Sign Regulations" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: Section 7.610: PERMIT FEES: 7.501: PERMITS A. Minimum nonrefundable deposit: Sign structure/fee: $ 25.00 Freestanding signs (except temporary signs) 100.00 SECTION 21: Appendix A, Section 7.705 "Notice Requirement" to Division II "Fees, Rates and Taxes" to Chapter 7 "Sign Regulations" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: Section 7.602: NOTICE REQUIREMENT: 372461_2 E. Fees: Appeal $250.00 Variation 200.00 200-00 `Text amendment 250.00 SECTION 22: Appendix A, Section 7.640 "Illegal Sign (Both Temporary and Permanent)" to Division III "Penalties and Fines" to Chapter 7 "Sign Regulations" to the Mount Prospect Village Code shall be amended to read in its entirety as follows: Section 7.640503: ILLEGAL SIGN (BOTH TEMPORARY AND PERMANENT): Fine: Not less than $50.00 nor more than $200.00 per day of violation. SECTION 23: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this 6t" day of December, 2016 Arlene A. Juracek, Village President ATTEST: Village Clerk 372461_2