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HomeMy WebLinkAbout7.1 PZ 17-18 First Reading of an Ordinance Amending Chapter 14 - ZoningBoardDocs® Pro Agenda Item Details Meeting Category Subject Access Type Preferred Date Absolute Date Fiscal Impact Recommended Action Public Content Information Page I of 3 7.1 PZ -17-18 1st reading of an ORDINANCE AMENDING CHAPTER 14, "ZONING'1 f OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS Public Action Oct 16, 2018 Oct 16, 2018 No Approve text amendments to the Zoning Ordinance (Chapter 14) of the Village Code related to small wireless facilities and brewpubs and craft distilleries. Amendment to Article III: General Provisions, Section 14.313: Regulations for Personal Wireless Service Facilities: Revisions to Chapter 9 of the Village Code were approved on August 7, 2018 to regulate the permitting and deployment o small wireless facility installations consistent with the requirements of the Small Wireless Facilities Deployment Act, P.A. 100 0585 (the "Act") signed into law by Governor Rauner on April 12, 2018. The Act provides the regulations and process fo permitting and deploying small wireless facilities within rights-of-way and on private property throughout Illinois (excludin Chicago). In response to theses recent code updates to Chapter 9, attached is a redline draft of Section 14.313 in Chapter 14 to includc small wireless facilities. Additional amendments are needed to Chapter 14, which regulates wireless facilities on privatc property, in order to coincide with amendments made to Chapter 9. a, The proposed updates to Chapter 14 include governance of small wireless facilities, referred as small cell antennas. ThC proposed regulations would require Conditional Use approval in the C-R and residential districts (R -X, R -1f R-Af R -2f R -3f R-4), not be permitted in the B-5 and B -5C Central Commercial zoning districts, and refer to Chapter 9 in the I-1, I -3f OlRf B -3f B -4f B-1, and B-2 zoning districts. The Act provides that small wireless facilities are permitted uses in all rights-of-way, and on any property zoned exclusively fo commercial or industrial use. In these zoning districts, municipalities cannot regulate the location of small wireless facilities. I residential zoning districts, zoning provisions apply, subject to Federal Communications Commission timeframes for review an approval. The proposed amendments to Chapter 14 comply with the regulations contained in the Act. I Small wireless facilities, also known as a "small cell," are most often attached to utility or other poles. Small wireless facilities enable the transmission of data and wireless communications to and from a wireless device, such as a computer, cell phone, tablet, or new "smart home" types of devices (thermostats, refrigerators) and in the near future, driverless cars. The Act states that these small wireless facilities are critical to delivering wireless access to advanced technology, broadband and 911 services to homes, businesses and schools in Illinois. Amendment to Article VI: Zoning Districts, Section 14.604,, Land Use Table 2 Commercial and Industrial Zoning Districts: https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 10/18/2018 BoardDocs® Pro Page 2 of 3 The proposed text amendments to the Land Use Table 2 are intended to clarify local zoning regulations related to brewpubs and craft distilleries. The Zoning Code"s Land Use Table 2 provides direction on land uses which may be established in commercial and industrial zoning districts as either permitted, conditional uses, or not permitted. Currently, the code is silent regarding brewpubs and craft distilleries. However, Land Use Table 2 does include uses such as liquor stores, packaged goods, manufacturing, restaurants, taverns and cocktail lounges as permitted in commercial districts and/or industrial districts. Staff is recommending amending land use table 2 to include brewpubs and craft distilleries as followes: • Brewpubs would be a permitted use in the B3, B4, B5, and B5C zoning districts and a Conditional Use in the O/R and Il zoning districts. • Craft Distilleries would be a permitted use in the Il zoning district • Craft Distilleries with a onsite sales and consumption (tasting room) component would be a permitted use in the B3, B4f B5f B5C and Il Zoning Districts. The proposed updates will meet business goals of the Village Strategic Plan and be consistent with the Village Liquor Code. Goals 2, 3, and 4 of the Village Strategic Plan call for development, including revitalization and growth, a strong local economy, and a vibrant downtown and commercial area. The recruitment of a brewpub/distillery specifically is a high priority item in the Strategic Plan. Attracting a brew pub and a craft distillery address the following Village Strategic Plan goals, objectives and actions: muc me, MEN =-- M39MMUM * - 4! N • Attract local and regional customers to Mount Prospect with lively restaurant establishments • Facilitate restaurant development • Expand the development of Downtown • Promote "small space" commercial development * Goal 3 Business: Strong Local Economy, Support of Innovation, Entrepreneurialism and Small Business we] • Identify and market to specific business segments • Attract businesses with a regional customer base • Foster a climate for innovation and entrepreneurshi I Action: • Create a unique and vibrant sense of place • Create a flexible vision of Downtown that is reflective of market conditions • Place strategic destination opportunities for commuters, residents, visitors, customers and others • Attract businesses to Downtown The Village has been successful in recruiting a brew pub, which will be a key component of the Red Barn Restaurant which as recently opened in the former Bogies Ale House on Kensington Road. In addition, Two Eagles Distillery is set to open by thc end of this year on S. Elmhurst Road. Brewpubs and/or craft distilleries will still be required to meet applicable building and firc requirements. The proposed updates to the Zoning Ordinance will not only help to address goals, objectives and actions from the Villagc a, Strategic Plan but also will be consistent with the use classifications found in the recent Village Liquor Code updates that werk" approved in August. Lastly, Staff is recommending amendments to the definitions to include brewpub, craft distillery, small wireless facility and revised definition for structure mounted antenna. The proposed definitions as the following: '-*"IREWPUB: A restaurant which brews beer on its premises and is licensed as a brew pub by the State of Illinois. CRAFT DISTILLERY: A place that manufactures and delivers beer or distilled spirits for on premises and off premist consumption, and is licensed by the State of Illinois. https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 10/18/2018 BoardDocs® Pro 110 111yeffis ma - Page 3 of 3 STRUCTURE MOUNTED ANTENNA: Antennas located on private property, typically located on structures, such as wate towers, and sides and roofs of buildings. I Standards For Text Amendments Section 14.203 (D) lists standards for the P&Z to consider for text amendments to the Zoning Code. The standards relate to: • The general applicability of the amendment to the community, rather than an individual parcel: • Consistency of the amendment with objectives of the Zoning Code and Comprehensive Plan; • The degree to which the amendment would create non -conformity; • The degree to which the amendment would make the Zoning Code more permissive; and • Consistency of the amendment with Village policy as established by previous rulings. The proposed amendments to the Zoning Code would be applicable to the community as a whole and are not proposed in response to an individual parcel within the Village. The proposed changes are intended to reflect current Village objectives as a, outlined in the Strategic Plan, Comprehensive Plan, other accepted planning documents. The proposed amendments satisfy th%'I standards for text amendments as required in the zoning code. Planning and Zoning _Commission Recommendation The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, September 27, 2017 and by a vote of 6-0 recommended approval of the proposed text amendments to the Zoning Ordinance (Chapter 14) of the Villagc Code. 43 1 1. Approve text amendments amending the Zoning Ordinance (Chapter 14) related to small wireless facilities, brewpubs and craft distilleries. 2. Action at discretion of Village Board. Staff Recommendation Staff recommends Village Board approve amendments to Chapter 14 to include small wireless facilities, brewpubs and craft distilleries. IN 9 -ial Wireless Service.pdf (195 KB) -27-1.8 P&Z Commissi&n IWnutes.pdf (94 KB) 1.4.31.3 Pers&r I— -is.pdf (90 KB) 1.4.604 L..&nd Use' -Fable 2.pdf (195 KB) Article XXIV Deffniti&r i ........... ... J I.V -i&nce for Villaage Code Ghapter 1.4 ame�ndme�nts �re Small CelLpdf (2 74 KB) illage of Mt prospect Or&r ....... Administrative Content Executive Content https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 10/18/2018 I MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -17-18 Hearing Date: September 27, 2018 PROPERTY ADDRESS: 50 S. Emerson Street PETITIONER: Village of Mount Prospect PUBLICATION DATE: September 12, 2018 REQUEST: Text Amendments to the Village Zoning Ordinance MEMBERS PRESENT: Thomas Fitzgerald William Beattie Norbert Mizwicki Agostino Filippone Walter Szymczak Lisa Griffin Joseph Donnelly MEMBERS ABSENT: Sharon Otteman STAFF MEMBERS PRESENT: Consuelo Arguilles - Deputy Director of Community Development Jason Shallcross, AICP - Development Review Planner INTERESTED PARTIES: Village of Mount Prospect Chairman Donnelly called the meeting to order at 7:03 pm. Commissioner Beattie made a motion seconded by Commissioner Fitzgerald to approve the minutes from the Planning and Zoning Commission meeting on September 13, 2018. The minutes were approved 6-0 with Commissioner Mizwicki abstaining. Chairman Donnelly introduced case, PZ -17-18 as text amendments to the Village Zoning Code and stated the case is Village Board final. Commissioner Filippone stated due to a professional conflict he would be abstaining from any discussion and voting regarding the case. Ms. Arguilles introduced the proposed text amendments as a response to the recent code updates in Chapter 9 and to also meet the business goals of the Village's Strategic Plan and be consistent with the Village's Liquor Code. Ms. Arguilles explained the proposed text amendments for Small Cell Wireless Facilities. She stated that in response to the recent code updates in Chapter 9 of the Village Code, staff recommends amending Section 14.313 in Chapter 14 to include small wireless facilities. Chapter 14 regulates private property versus Chapter 9, which is intended for public right-of-way. She further explained that revisions to Planning and Zoning Commission- September 27, 2018 PZ -17-18 Joseph Donnelly, Chair 2 Chapter where approved on August 7, 2018 to regulate the permitting and deployment of small wireless facility installations consistent with the requirements of the Small Wireless Facilities Deployment Act, P.A. 100-0585 (the "Act") signed into law by Governor Rauner on April 12, 2018. She further explained that small wireless facilities, also known as a "small cell," are most often attached to utility or other poles. Small wireless facilities enable the transmission of data and wireless communications to and from a wireless device, such as a computer, cell phone, tablet, or new "smart home" types of devices (thermostats, refrigerators). Mrs. Arguilles stated that the Village Staff is also recommending to amend the Zoning Ordinance to include brewpubs and craft distilleries. Mrs. Arguilles further explained the recruitment of a brewpub/distillery is a high priority item and will address several goals and actions of the Village Strategic Plan. The proposed Zoning Ordinance updates will not only help to address goals, objectives and actions from the Village Strategic Plan but also will be consistent with the use classifications found in the recent Village Liquor Code updates that were approved in August. Mrs. Arguilles summarized the standards for considering text amendments. Mrs. Arguilles stated that Staff finds the proposed text amendments meet the standards contained in Section 14.203 (D) of the Zoning Ordinance and that granting such request would be in the best interest of the Village. She stated, based on these findings, Staff recommends that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the proposed text amendments to Chapter 14 of the Village Zoning Ordinance. She stated that the Village Board's decision is final for this case. Commissioner Beattie asked for the definition of small cell wireless facilities. Mrs. Arguilles read the off the definition as listed in Chapter 9 of the Village Code. There was general discussion regarding the small cell wireless facility definition and the zoning districts in which they will be allowed. Several Commissioners expressed worry regarding the aesthetics of small cell facilities and the number of these facilities. Mrs. Arguilles responded the Village Code includes provisions for permit application, construction, height limitations, design standards and maintenance. She reiterated the proposed code amendments are in response to Chapter 9 code updates that were approved as a result of the Small Wireless Facilities Deployment Act, P.A. 100-0585 (the "Act") signed into law by Governor Rauner on April 12, 2018. Planning and Zoning Commission- September 27, 2018 PZ -17-18 Joseph Donnelly, Chair The board stated that Staff has done everything that can be done to fit the amendment into Village Code in conjunction with the State Law. Hearing no further discussion, Commissioner Fitzgerald made a motion seconded by Commissioner Griffin to recommend approval of the following: Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the proposed text amendments to Chapter 14 of the Village Zoning Ordinance. UPON ROLL CALL: AYES: Fitzgerald, Beattie, Mizwicki, Symsczak, Griffin, Donnelly NAYS: None This case is Village Board final. Hearing no further cases, Commissioner Beattie made a motion seconded by Commissioner Mizwicki and the meeting was adjourned at 7:25 pm. Jenna Moder, Community Development Planning and Zoning Commission- September 27, 2018 PZ -17-18 Joseph Donnelly, Chair 14.313: REGULATIONS FOR PERSONAL WIRELESS SERVICE SNIAI,,,,III,,,,, M111::::j1 I1::::SS FACILITIES:'?' A. Purpose: The purpose of this section is to provide specific regulations for the placement, construction and modification of personal wireless service facilities..aind/mirsim 1111uv ireless;facii,llii;Ues wiitlhiilrfl,,,,fairiivate,,,,piro 2 u, -noj arca lla cd iiifl„ Iflal[a cir, Artiiclls,,,rAIIIIIICt eintHed �Imallll ��W liircllsss, !!:::.a c.11.11.11.12 s .,,,,_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 _sir¶d/m,it„sirms;llll,wrii,irs;llsss faciilliitiiss,, 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 _sir d/..oir„s..M.a ll„ wiiirelless [.aciillii[iies. ................................................................................. To the extent that any provisions, or provisions of this section, are inconsistent or in conflict with any other provisions of this �hapter, the provisions of this section shall control Ilf fines� commented [Ac11: Reference to chapter is versus L q.2.ls,�iions coim,fliic[/coi tradiic[ Clfl,sf2[eir 9 ,,,_Articlle VIII, II IIA en[iMed Sitms,llll f�W lirelle,ss II acillu[iie,s"",. � Chapter 9hapAsir 9 wiillll„maantirolI o,im„tlfle ire uullatoon o;(„sitmallll wireless faciilllUes un,,;tlhm,pu�1k211iic iru lfl[ of way 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 aind/oir asimaIlluv ireless;fs;mii,llii;ty_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 dw [�s.l[�sirikirms;im;¢.. 2. All applications for a personal wireless service facility shall include the following documentation or information: a. A written report from a qualified professional engineer that is licensed by the state setting forth the following: (1) The facility's height and design including both a cross section and topical elevation; (2) The height above grade for all potential positions and the minimum separation distances between antennas; (3) The number and type of antennas that the facility can accommodate; (4) A map drawn to scale showing the lot lines, land uses and tree coverage, including average tree height of all properties within three hundred feet (300') of the proposed site; (5) Documentation from the manufacturer that the structure upon which the facility is located is sufficient from a structural engineering standpoint to bear the anticipated load. In instances of freestanding structures, this shall include a certificate that the foundation of the structure is built, constructed and engineered to take into account the existing soil conditions; (6) Certification that in the event of a fall or collapse, that the facility is designed and manufactured to fall entirely within the boundary lines of the lot on which it is located and that it has been erected in accordance with manufacturer's specifications; (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 a; ¶d/..ir,a; roma,11111_Wlir ,11 ;s..s,,.Facility: A personal wireless service and/ ..i.r a aim a..11.11 w..Iiir.E112,s§ 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 of all personal wireless service it d/.Q.Wr aim a..11.11 wiiirelless facilities: ....................................................................... Antenna Standards 11 Height Setbacks Formatted Table Adjacent To Not Adjacent To Residential Use Residential Use Zoning Monopole Structure Sinn sllll�IIII .... '� ... _ ,,,,,,,,,,®,,,,,,,,i District Lattice Guyed Mount' Nhiroh�.iroim,„��"� Front Side Rear Front Interior Exterior Rear ......... ......... ... ..... .... .... ,.... ®i ®,.G 1-1,1-3, 120' 120 120 10'f2efer Irr NP 100% 100% NP 15 3� (Formatted Table O/Re-8(71`1 height height B-3, B 70' NP NP 10' Re^re1 Irr NP 100% 100% NP 10 30 20 4e -Ii i, height height B5 NP NP NP 10' NP NP 100%.... 100% NP100% ......,100%,,,,,,,,,,, 100% height height height height height ,..., B5C .................................... NP NP NP ,.. ......... 10' , ,,.,.,... NP„ ,.,,.,.,. NP .,.,....., 100% ......., 100% NP ,,......., 100% ,......., .......______ 100% 100% height height height height height ,..., ,..................................... C R 70' NP NP 10' C,U, NP 100% 100% NP 00 1% 100% 100% height height height height height B 1 B 70' ,,, N P N P 10' ,,,,,, f2�r r;,; (.r N P 100 % ,,,, 100 % N P ........10 30 20,,,,,,,,, 2e -Ii height height R X R . NP ., , , ........................................... NP NP 12 10 ., .,,.,, ,,. ............................. ,,,,,,, ,,,,,,,,,,,,,,,,,,,,, 1 RA R2 R- 3, R4 Notes: Formatted: Space Before: 0 pt, After 0 pt 1.Height above the existing structure. 2.No more than 1 per residential unit permitted. .:: WCii; m...ir ; �� ;2..:2...: im ,1111.... ;ll,ll.../t;im; ,im,im.:. Ih ....II V,II::r....a, , iigifla iiaain aaifll11 al.Dl�)Iiiies baa airiiva e as t ;iy aind snot a, l�lluc iriglM of wa.N.::. NP = Not permitted. F. Collocation Of Personal Wireless Service Facilities: 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: 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; 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 gnd/.Q.Jr„a aim a;1111,;uriiir.22112S..s facility. All structure bases shall be completely screened from view. I. Abandoned Or Unused Facilities: Abandoned or unused facilities, towers, or portions of towers shall be removed as follows: All shall be removed within six (6) months of cessation of use or of notifying the FCC of intent to cease operations at the site, whichever comes first, unless a time extension is approved by the community development director. A copy of the relevant portions of a signed lease which require the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. Any tower and associated facilities not removed within six (6) months of the cessation of operations at a site shall be deemed a nuisance and may be abated according to the nuisance provisions of this code. Unused portions of towers above a manufactured connection shall be removed within two (2) months of the time of the abandonment of that portion unless the Village has specifically designated that portion for future collocation. J. Utility Buildings And Structures: All utility structures and structures accessory to a personal wireless servicend/ ..ir aaim ,a,l11.11,W..I.irE.11.2 as_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. Signs And Advertising: The use of any portion of a tower for signs other than warning or equipment information is prohibited. 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 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. Compliance: All personal wireless service _fir¶d/2,it„ai ,a;llll,;w..1.ir ,ll ; -facilities must maintain compliance with the approved plans and specifications. If the personal wireless service and "oi'r a” am a..11.11 w..I. ,r ,1126§, -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 d/2,it„ai aIIII;yn irelle.ss 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..aind/oir ai �,a;lllll All 're11'e , facility and the owner of the structure or lot. Failure to remedy all of the cited nonconformities, within the forty five (45) day time period, shall be punishable by a fine not exceeding the amount as set forth in appendix A, division III of this code, each day that the violation continues. O. Certificate Of Completion: All personal wireless service a,imd/2ir..a s.i.m,a,1111_w.ii,ir2.112. s§ 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. 6286, 12-6-2016) 14.604: LAND USE TABLES: '�LJ LAND USE TABLE 2 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS B- B- B- B- B- B- I- I Land Use 1 2 3 4 5 5C OR 1 3 Accessory structures P P P P P P P P P Accessory uses (10 percent retail P of permitted uses) Amusement establishment C C Amusement establishment indoor C P C C only Animal daycare center and C C C C kennels Animal hospital and veterinary C C C C clinics Antique shops P P P P Archery ranges, shooting galleries C C Art and school supply stores P P P P Art and woodcraft studios P P P P Art, sculptor, and composer P P P P studios Art shops or galleries (not auction P P P P rooms) Automobile accessory stores P P P P Automobile fueling stations C P C C C Automobile garages P C C C Automobile leasing/rental P P P agencies Automobile maintenance and C P C C C service center Automobile sales, new or used C (with 2 acres or less) Automobile sales, new or used C P C C (with over 2 acres) Bakeries P P P P P P Banks and financial institutions C P P P P P Banquet halls P P Barber and beauty shops P P P P P Bicycle sales, rental and repair P P P P Billiard and pool halls C C C C Boat showroom, sales and repair C Bowling alleys P P P P Business machine sales P P P P Camera and photo supply stores, P P P P film developing Candy and ice cream stores P P P P P Car wash C P C C C Carpet and rug stores, retail sales P P P P Cartage and express facilities C Catering services C C C Children's recreation centers P P P P China and glassware stores P P P P Clothing and apparel retail stores P P P P P Clothing and costume rental P P P P stores Clubs and lodges C P P P P Coin and philatelic stores I P I P I P I P I P Colleges and universities C C C C Commercial greenhouses and P nurseries Compost collection facility C C Computer offices and facilities P P P P P P P Computer sales, service and P P P P accessories Concrete fabrication C Contractors', architects' and P P P P P P engineers' offices Contractors', architects' and C engineers' 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 rf,�,,,,,,I,ii,,ii,ll,ll,iry Graft .....lD i ii llM iry.:.......ii ind u�u ii irk...... ir].:::::.!I:t .... es I , I „ I . I „ I . 21] ca iiir Foir,,,,coir� uuir iii it Dairy products, retail sales P P P P Dance and music P P P P P P academies/studios Daycare centers C C C C C C C Department stores P P P P Drive-through and drive-in C C C C establishment Driving schools C P P P P Drugstore/pharmacy Dry cleaning and laundry P P P P P establishment Dry cleaning plants P Dwelling units, located above the C P P first floor Dwelling units on ground floor C C Exterminating services P Floor covering store P P P P Florist P P P P P Food store, grocery store, meat P P P P P market and delicatessen Funeral homes C C C Furniture store P P P P Furrier shops P P P P Gift shop P P P P P Hardware store P P P P P Health services, clubs, recreation P P P P centers, or gymnasiums Hearing aid stores P P P P Heliports C C Home improvement center (no P P P P outdoor storage) Home improvement center with C C outdoor storage Hospitals C Hotels and motels C C P P P Household electrical appliance P P P P stores 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- P P P P P service only Lawn and garden equipment and P P P P supply Leather goods and luggage stores P P P P Libraries P P P P P Light assembly and repair P P Liquor stores, packaged goods P P P P Locksmith shop P P P P Machinery sales C Mail order, catalog stores P P P P Mail order houses P Manufacturing, heavy C Manufacturing, light P Martial arts school P P P P Massage establishments C C C C Medical or dental offices P P P P P P Miniwarehouse P P Motorcycle, snowmobile, or C personal 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 P P P P repair Office machine sales and P P P P servicing Office supply stores P P P P Offices, business and professional P P P P P P P P Optical, orthopedic and medical P P P P appliance sales Outside display and sales C C Outside service areas C C Paint and wallpaper stores P P P P Parking lots, other than accessory C C P C C P parking Party supply stores P P P P Personal wireless service facilities P P P P P P P P P Pet shops and grooming P P P P establishments Petroleum tank farm and related C accessory uses Photo developing and image P P P P transfer 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 P establishments Public utility and service uses C C C C P Public works and park district P storage yards and related facilities Radio and television stations, C P C C P studios and towers Recycling collection centers C P Religious institutions C Repair, rental and servicing of any P P P P article of which is permitted use in the district Research laboratories and testing P P facilities Restaurants P P P P P C C Restaurants, including P P P P C entertainment and dancing Secondhand stores and rummage P P P P shops Shoe stores P P P P Sporting goods stores P P P P Sports training and teaching C C C establishments Stadiums, auditoriums and arenas C C Tailor shops P P P P P Tanning salon P P P P P Taverns and cocktail lounges P P P P Taxi dispatch centers C C P Theaters P P P P Theaters, drive-in C Ticket agencies P P P P Tobacco shops P P P P Towing agencies P Toy shops P P P P Trade or vocational schools P C (excluding cosmetology) Trailer and camper sales and C rental Transfer stations for refuse C P disposal 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 P P storage facilities Watchman's quarters P P P P P Wholesale establishment P P (Ord. 6286, 12-6-2016; amd. Ord. 6316, 4-5-2017) Article XXIV DEFINITIONSI'l L J State HHiiru fls CrafH')usflHery airud �ffl oren'i�se �� 11( H1 5- In.ullotili uIll air. d Is Illiceii,.used IIoy the State &II j . W�R 1:::::: 1 jI::::::SS 1::::�ACIH IFFY: Refeir to Section 9. AO of tNs Code, ................................................................................... :::::% .......... = ..................................................................................................................................................................................................................................................................................................................................................... STRUCTURE MOUNTED ANTENNA: 'A ' i ' n t " e " ' n I ' n a s I " o c a t e d o " i ' n p6ygjg_pMT2gf!y.iypicaIIy, located on structures such as stree:Pghts, tipaf�@#ts-, water towers, utu44y plies and sides and roofs of buildings. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 "ZONING" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Village of Mount Prospect is a home rule municipality as defined by Article VI I, § 6 of the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire to make certain amendments to the Village Code of Mount Prospect as set forth below; and WHEREAS, pursuant to the authority granted under the Illinois Municipal Code and in accordance with home rule authority granted to home rule municipalities, the President and Board of Trustees of the Village of Mount Prospect approve the amendments as set forth below. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 14.313 "Regulations for Personal Wireless Service Facilities," of Article III, "General Provisions," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be amended as follows: 14.313: REGULATIONS FOR PERSONAL WIRELESS SERVICE & SMALL WIRELESS FACILITIES: A. Purpose: The purpose of this section is to provide specific regulations for the placement, construction and modification of personal wireless service facilities and/or small wireless facilities within private property, not regulated in Chapter 9 — Article VIIIA entitled "Small Wireless 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 and/or small wireless facilities, 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 and/or small wireless facilities. 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. If these regulations conflict/contradict Chapter 9 — Article VIIIA entitled "Small Wireless Facilities", Chapter 9 will control on the regulation of small wireless facilities in the public right of way. 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. 403659_1 C. Petition For Amendment: Should the application of this section have the effect of prohibiting a person or entity from providing personal wireless service and/or a small wireless facility 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. 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 Geste department. 2. All applications for a personal wireless service facility shall include the following documentation or information: a. A written report from a qualified professional engineer that is licensed by the state setting forth the following: (1) The facility's height and design including both a cross section and topical elevation; (2) The height above grade for all potential positions and the minimum separation distances between antennas; (3) The number and type of antennas that the facility can accommodate; (4) A map drawn to scale showing the lot lines, land uses and tree coverage, including average tree height of all properties within three hundred feet (300') of the proposed site; (5) Documentation from the manufacturer that the structure upon which the facility is located is sufficient from a structural engineering standpoint to bear the anticipated load. In instances of freestanding structures, this shall include a certificate that the foundation of the structure is built, constructed and engineered to take into account the existing soil conditions; (6) Certification that in the event of a fall or collapse, that the facility is designed and manufactured to fall entirely within the boundary lines of the lot on which it is located and that it has been erected in accordance with manufacturer's specifications; (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 403659_1 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 and/or a Small Wireless Facility: A personal wireless service and/or a small wireless 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 of all personal wireless service and/or small wireless facilities: Antenna Standards Height Setbacks Adjacent To Not Adjacent To Residential Use Residential Use Zonin Struct Small g ure EelI Distri Monop Latti Guy Mount' Antenna Fro Sid Fro Interi Exteri Rea ct ole ce ed s nt a Rear nt or or r 1-1, 1- 120' 120' 120' 10' Refer to NP 100 100 NP 15' 30' 20' Section 3, % % O/R 9.8A03 heig heig ht ht B-3, 70' NP NP 10' Refer to NP 100 100 NP 10' 30' 20' Section B-4 % % 9.8A03 heig heig ht ht B-5 NP NP NP 10' NP NP 100 100 NP 100% 100% 100 % % heigh height % heig heig t heig ht ht ht 403659_1 � B- NP NP NP 10' NP NP 100 100 NP 1...00% ,100%w 5C % % heigh height heig heig t ht ht C-R 70' NP NP 10' CU NP 100 100 NP 100% 100% % % heigh height heig heig t ht ht B-1, 70' NP NP 10' Refer to NP 100 100 NP 10' 30' B-2 Section % % 9.8A03 heig heig ht ht R-X, NP NP NP 1012 CU — R-1, R-A, R-2, R-3, R-4 Notes 1. Height above the existing structure. 2.No more than 1 per residential unit permitted. 3.With respect to Small Cell Antennas, the NP designation only applies to private property and not public right of way. NP = Not permitted. F. Collocation Of Personal Wireless Service Facilities: 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; 403659_1 100 heig ht 100 heig ht 20' 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 and/or a small wireless facility. All structure bases shall be completely screened from view. I. Abandoned Or Unused Facilities: Abandoned or unused facilities, towers, or portions of towers shall be removed as follows: All shall be removed within six (6) months of cessation of use or of notifying the FCC of intent to cease operations at the site, whichever comes first, unless a time extension is approved by the community development director. A copy of the relevant portions of a signed lease which require the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. Any tower and associated facilities not removed within six (6) months of the cessation of operations at a site shall be deemed a nuisance and may be abated according to the nuisance provisions of this code. 2. Unused portions of towers above a manufactured connection shall be removed within two (2) months of the time of the abandonment of that portion unless the Village has specifically designated that portion for future collocation. 403659_1 Utility Buildings And Structures: All utility structures and structures accessory to a personal wireless service and/or a small wireless facility tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation. The maximum height for an accessory utility structure is twelve feet (12') and shall be no larger than six hundred (600) square feet. K. Signs And Advertising: The use of any portion of a tower for signs other than warning or equipment information is prohibited. L. Temporary Facilities: Temporary personal wireless service facilities shall conform to all of the setback and yard requirements of the district in which they are located. A temporary personal wireless service facility shall not exceed the height of the facility previously approved for the property, or one hundred feet (100') in the case of a special event. Only one temporary personal wireless service facility will be allowed per site at any one time, unless the approved facility on the subject site allows for collocation, in which case the permissible number of temporary facilities on that site shall be the number approved for that facility. A temporary personal wireless service facility must be located behind the front plane of any principal structure that is on the lot. A temporary personal wireless service facility may be allowed only in accordance with subsection E of this section. A request for a temporary personal wireless service facility may be granted only by the village manager in such reasonable numbers and with such reasonable conditions as the manager may deem appropriate. Any request for additional time beyond that set forth in this subsection L, shall be subject to review by the planning and zoning commission and approval of the village board. 1. Special Events: Temporary personal wireless service facilities shall be permitted for each licensed carrier for special events (temporary sporting or entertainment events) of a period of one week. No more than three (3) such promotions shall be allowed per carrier in a calendar year. 2. Repairs And Equipment Upgrading: If a permanent personal wireless service facility is under repair or equipment is being upgraded, a temporary facility shall be permitted for 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 and/or a small wireless facilities must maintain compliance with the approved plans and specifications. If the personal wireless service and/or a small wireless 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 and/or a small wireless 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 non conformities, sent by the Village to the owner of the personal wireless 403659_1 service and/or a small wireless facility and the owner of the structure or lot. Failure to remedy all of the cited nonconformities, within the forty five (45) day time period, shall be punishable by a fine not exceeding the amount as set forth in appendix A, division III of this code, each day that the violation continues. O. Certificate Of Completion: All personal wireless service and/or a small wireless 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. 6286, 12-6-2016) SECTION 2: Section 14.604, "Land Use Table" of Article VI, "Zoning Districts" to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be amended as follows: 403659_1 I- 3 0 Land Use 1 2 3 4 5 5C O/R 1 Accessory structures P P P P P P P P Accessory uses (10 percent retail of P permitted uses) Amusement establishment C C Amusement establishment indoor C P C C only Animal daycare center and kennels C C C C Animal hospital and veterinary clinics C C C C Antique shops P P P P Archery ranges, shooting galleries C C Art and school supply stores P P P P Art and woodcraft studios P P P P Art, sculptor, and composer studios P P P P 403659_1 I- 3 0 Art shops or galleries (not auction P P P P rooms) Automobile accessory stores P P P P b' . fueling Automobile ng stations C P C C C Automobile garages P C C C Automobile leasing/rental agencies P P P Automobile maintenance and service C P C C C center Automobile sales, new or used (with 2 C acres or less) Automobile sales, new or used (with C P C C over 2 acres) Bakeries P P P P P P Banks and financial institutions C P P P P P Banquet halls P P Barber and beauty shops P P P P P Bicycle sales, rental and repair P P P P Billiard and pool halls C C C C Boat showroom, sales and repair C Bowling alleys P P P P Brewpub P P P P P CU CU 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 403659_1 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 P nurseries Compost collection facility C C Computer offices and facilities P P P P P P P Computer sales, service and P P P P accessories Concrete fabrication C Contractors', architects' and engineers' P P P P P P offices Contractors', architects' and engineers' C storage yards Contractors' showrooms P P P P Convenience stores P P P P P Convention and exhibition halls C C Cosmetology schools P P P P C Craft Distillery P P P P P P P 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 C C C C establishment 403659_1 Driving schools C P P P P Drugstore/pharmacy P P P P P Dry cleaning and laundry P P P P P establishment Dry cleaning plants P Dwelling units, located above the first C P P floor Dwelling units on ground floor C C Exterminating services P Floor covering store P P P P Florist P P P P P Food store, grocery store, meat P P P P P market and delicatessen Funeral homes C C C Furniture store P P P P Furrier shops P P P P Gift shop P P P P P Hardware store P P P P P Health services, clubs, recreation P P P P centers, or gymnasiums Hearing aid stores P P P P Heliports C C Home improvement center (no outdoor P P P P storage) Home improvement center with C C outdoor 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 403659_1 Jewelry stores P P P P Lamp and lighting fixture stores P P P P Laundries P Laundromat, automatic, self-service P P P P P only Lawn and garden equipment and P P P P supply 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 403659_1 Office supply stores ff� P P P P ,, Offices, business and professional P P P P P P P P Optical, orthopedic and medical P P P P appliance sales , Outside display and sales C C ,, Outside service areas C C Paint and wallpaper stores P P P P Parking lots, other than accessory C C P C C P parking Party supply stores P P P P Personal wireless service facilities P P P P P P P P P Pet shops and grooming P P P P establishments Petroleum tank farm and related C accessory uses Photo developing and image transfer P P P P Photography studios P P P P Picture framing P P P P Planned unit developments C C C C C C C C C Plastics processing C Post office P P P P Printing and duplicating P P P P Printing and publishing P establishments Public utility and service uses C C C C P Public works and park district storage P yards and related facilities Radio and television stations, studios C P C C P and towers Recycling collection centers C P 403659_1 Religiousinstitutions i C Repair, rental and servicing of any P P P P article of which is permitted use in the district Research laboratories and testing P P facilities Restaurants P P P P P C C Restaurants, including entertainment P P P P C and dancing Secondhand stores and rummage P P P P shops Shoe stores P P P P Sporting goods stores P P P P Sports training and teaching C C C establishments Stadiums, auditoriums and arenas C C Tailor shops P P P P P Tanning salon P P P P P Taverns and cocktail lounges P P P P Taxi dispatch centers C C P Theaters P P P P Theaters, drive-in C Ticket agencies P P P P Tobacco shops P P P P 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 403659_1 SECTION 3: Section 14.2401 "Purpose," of Article XXIV, "Definitions," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be amended to add the below definitions as follows: BREWPUB: A restaurant which brews beer on its premises and is licensed as a brew pub by the State of Illinois. CRAFT DISTILLERY: A place that manufactures and delivers beer or distilled spirits for on premises and off premise consumption, and is licensed by the State of Illinois. In B-2, B-3, B-4, B-5, and B -5C Zoning Districts, space shall include a retail component, including areas for sales of packaged beer or distilled spirits, as well as seating areas for consumption. In 1-1 Zoninq District, the retail portion of the space shall not exceed 10% of the floor area. SMALL WIRELESS FACILITY: Refer to Section 9.8A03 of this Code. STRUCTURE MOUNTED ANTENNA: Antennas located on private property, typically located on structures such as s+, -o ts , water towers, utility wies and sides and roofs of buildings. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this day of , 2018 403659_1 Arlene A. Juracek, Village President ATTEST: Karen M. Agoranos, Village Clerk 403659_1