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Home My WebLink About3.3 50 S. Emerson Street / Text Amendments / Village Board FinalItem Cover Page 0" Mwbubject PZ -10-20 / 50 S, Emerson Street / Text Amendments / Village Board Final Meeting June 11, 2020 - MOUNT PROSPECT PLANNING AND ZONING COMMISSION - Category NEW BUSINESS Type Action Item Information. To meet the strategic goals and needs of the community while fostering a business -friendly environment, the Community Development Department is recommending tht following text amendments to the zoning ordinance of the Village Code: Article III .. Section 14.316: Unenclosed Porches in the Required Front Yard Setback The Zoning Ordinance requires administrative conditional use review and approval by the Director of Community Development for unenclosed porches encroaching no more than five feet (5") into the required front yard setback. In the last five (5) years, there have been sixteen (16) administrative conditional use requests for unenclosed porches. All sixteen (16) were approved without opposition from the public. As such, staff is recommending that improvements of this type instead be made permitted obstructions and their standards converted into additional requirements that still apply. Staff would ensure that all standards would be met, but it would take place as part of the building permit process instead of requiring conditional use approval. Thus, Section 14.316 of the Zoning Ordinance would be eliminated entirely, with select regulations being relocated to what is currently Article III, Section 14.319: Permitted Obstructions. 1 IMF M -R -n With the elimination of Section 14-316 of the Zoning Ordinance, this section would be renumbered as Section 14.316 of the Zoning Ordinance. With the elimination of Section 14-316 of the Zoning Ordinance, this section would be renumbered as Section 14-317 of the Zoning Ordinance. Article 111, Section 14.319: Permitted Obstructions With the elimination of Section 14.316 of the Zoning Ordinance, this section would be renumbered as Section 14-318 of the Zoning Ordinance. Additionally, the applicable unenclosed porch regulations mentioned previously would be made part of this section. The permitted obstruction table would also be altered to reflect the inclusion of unenclosed porches as a permitted obstruction. The regulations carried over from Article III, Section 14.316 Unenclosed Porches in the Required Front Yard Setback would be placed in subsection "C": Additional Requirements for Permitted Obstructions. With the elimination of Section 14.316 of the Zoning Ordinance, this section would be renumbered as Section 14.319 of the Zoning Ordinance. With unenclosed porches becoming a permitted obstruction and no longer requiring conditional use approval, it is no longer necessary to include unenclosed front porches in Land Use Table I of the Zoning Ordinance. K��MVAFT=MWITIM- ?7 Several updates are proposed for Land Use Table 2 of the Zoning Ordinance to meet the strategic goals and needs of the community and foster a business -friendly environment in the community. First, the O/R Office Research District is proposed to be removed from the table entirely. With the last O/R zoned property in the village being rezoned to I-1 Limited Industrial in 2018, the zoning district should be removed • • ! Ordinance entirely. New indoor amusement uses are constantly evolving and locating in vacant retail spaces. However, the village Zoning Ordinance does have .relevantw •use table for •re, staff are proposing • broaden "amusementcurrent . f • • only"from being limited to coin operated machines operated by buttons, dials, and trigger devices to any use that is designed, intended, or used as a test of skill or entertainment and enjoyment withoutprimitive weaponsor other potentially dangerous objects. Examples include, but are not limited to, arcades, trampoline parks, bumper cars, and all games or operations simil. • under whatever indicate. Such definition does not include a bowling alley, a jukebox, or other coinoperated musicmachineor .' mechanical • l • -With this change,o proposing to allow uses of these types in the B-3 and B-4 districts by ! .' • in the i and i districts subjectto relevantconditional use approval due to parking concerns. The definition. • proposed Definitions. Per the Zoning Ordinance, archery ranges and shooting galleries are allowed in the B-4 and I-1 districts subject to conditional u" approval. St. are proposing • separate archery!i ' from • • ! galleries,' .creating .' separate "primitive weapon galleries". •'shooting galleries" uses. Primitive weapon galleries are becoming ever popular in t• • . business climate, especially creationof axe throwingleagues.. proposing • allow primitive weapon galleries in the B-3 and B-4 districts as permitted uses and in the B-5. B -5C, and I-1 districts subjecl to conditional use approval. The l• . • of • ! galleries would remain unchanged (allowed i and districts subject to conditional use approval). 3 parcels of any size is not allowed in the I-1 Limited Industria' District. Additionally, truck sales, rental, and repair is not allowed in the •, Industrial District. However, several parcels annexed in the last five (5) years are affected by the flood plain and are thus largely undevelopable. Allowing the sale of automobiles and trucks on these parcels provides an avenue for these property owners to secure tenants while also complying with floodplain regulations. Staff are confident that allowing the sales of automobiles and trucks in the I-1 Limited Industrial District will not lead to these uses invading existing business parks and that our manufacturing base will be maintained. Therefore, staff is proposing to allow the sale of automobiles and truck sales, rental, and repair in the I-1 Limited Industrial District, subject to conditional use proposal. Per the Zoning Ordinance, cartage and express facilities are allowed in the I-1 Limited Industrial District subject to condonal use approval. However, with the expansion of distribution centers and the industrial sector as a whole in the last decade, this use has been found to confuse both realtors and tenants looking to locate in the area. Cartage, often referred to as the 'last mile' of parcel shipping, is now largely part of any warehouse, distribution, and storage facility operation, which is a permitted use in Land Use Table 2. As such, staff does not believe it is necessary to include this use in the table any longer, clearing up confusion. Land Use Table II contains several alcohol-related uses, however a few key uses made popular in the last decade are missing. Staff are proposing to allow both microbreweries ?nd taprooms as permitted uses in the B-3, B-41 B-5, and B - 5C zoning districts, with microbreweries also allowed as a conditional use in the I-1 Limited Industrial District. The Zoning Ordinance does not address where vape shops o tobacco and vaping lounges are allowed to locate in the village. Staff are proposing to separate the tobacco/vape shop use from tobacco/vape lounges due to the amount of time patrons spend at each respective establishment. Tobacco/vape shops would remain permitted uses in the B- and B-4 zoning districts, but would no longer be permitted i the B-5 and B -5C districts. Tobacco/vape lounges, a new Ell "wouldbe allowed as .conditional" B-3 . • B- 4zoning districts only. Definitions•! • .p'shops. • tobacco/vape lounges are provided later in the chapter under LDefinitions. Article IX, Section 14.905: Bulk Regulations (R-1 Single -Family Residence District) and Article Xr Section 14.1005: Bulk Regulations (R -A Single -Family Residence District): Representing all of the single-family residence zoning districts in the village, these districts contain approximately 12,500 properties between them. Of those properties, more than 1,100 do not comply with the village's current twenty foot (20') exterior side yard setback requirement. That is, the principal structures on more than 1,100 properties in the village encroach into the required exterior side yard setback. setback Most of these lots are located closer to the downtown area and are only about fifty feet (50") wide. Providing an exterior side yard setback of twenty feet (20) on one side and an interior side yard setback of five feet (5") on the opposite in the downtown district (R -A Single -Family Residence) leaves many property owners with a development envelope that is only twenty-five feet (25") wide. If the exterior side yard • . reduced from(20')to ten feet (10'), only 181 properties in the village would have nonconformities because of • •' yard setback. setbackTherefore, staff is recommending that the exterior side yard be reduced from twenty feet to ten feet Districts.*') inthe R-1 Single -Family and R -A Single -Family Residence widthAs stated earlier in this report, the last O/R zoned parcel was amended to I-1 Limited Industrial in 2018. As such, this zoning district should be removed from the Zoning Ordinance The maximum driveway • for driveways serving three -car garages, driveways may be up to thirty-three feet wide, but must taper • • feet (26") within the first eighteen feet (18') of the garage. This tapering requirement does not allow for one • park in front • the • stall because not enough room is provided before the driveway must taper to twenty-six feet (26"). Instead, it causes residents • turn in • and out of their • garage stall, which is not desirable. Further, it makes parking trailers and recreational vehicles in these stalls difficult • do • going off of the pavement • the • Staff is proposing to • the situation by allowing a maximum width of thirty-three feet (33) within the first eighteen feet (18") of the garage so that residents are able to park in front of all three (3) garage stalls. Staff is simultaneously proposing that driveways be required to taper • twenty-six feet (26") within thirty feet (30') • the garage's front elevation. This provides an eighteen foot (18') parking space in front • the third garage stalls and twelve feet (12') of taper, which should provide the room necessary to easily pull into and out • the third garage stall. • coverage requirements will remain unchanged and still apply to all single-family • properties in the village. Article XXII Section 14.2205: Accessible Parking Requirements The village amended the accessible parking requirements in 2016 to be in-line with requirements put forward by the State • • in the Illinois Accessibility Code. However, the State of Illinois changed the Illinois Accessibility Code just last year. Staff is proposing to move away • providing specific language regarding accessible parking design and believes that the code should instead reference the Illinois Accessibility Code so that the parking regulations are always consistent with the state"s regulations. As stated previously, staff is proposing several new definons • facilitate the proposed amendments. They include alterations to the definition of amusement, shooting gallery, primitive weapon gallery, tobacco/vape shop, and tobacco/vape lounge. no Chapter 11, Article 5: Bowling Alleys, Billiard Parlors, znd Shooting Galleries Chapter 11 of the Village Code contains regulations regarding individual business types. Due to the proposed separation of primitive weapon uses from shooting galleries, Chapter 11 must also be updated. Staff is proposing that Aprimitive weapon galleries' be made part of Article 5: Bowling Alleys, Billiard Parlors, and Shooting c-7alleries, and all associated regulations, fees, and inspections be consistent with shooting galleries as amended. 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 of Mount Prospect. The amendments are comprehensive in nature, and will have limited impact on creating additional nonconformities. While creating new uses and allowing other uses in different districts, the proposed amendments do not make the zoning ordinance more permissive as a whole. The majority of the proposed changes are intended to reflect current village objectives as outlined in the Comprehensive Plan and other accepted planning documents. The proposed amendments satisfy the standards for text amendments as required in the zoning code. The proposed text amendments to the zoning code are contained in the attached documents. The proposed text amendments meet the standards contained in Section 14-203-D of the Zoning Ordinance. Based on these findings staff recommends that the Planning and Zoning Commissio make a recommendation to the Village Board to approve th following motion: Alternatives 1. To approve the text amendments as outlined in the attached documents for case PZ -10-20 which amend both the Zoning (Chapter 14) and Merchants, Businesses, 7 Occupations, and Amusements (Chapter 11) regulations. 2. Action at the discretion of the Planning and Zoning Commission. Staff Recommendation To recommend approval of the •text amendments •as outline in the attached documents for case PZ -10-20 which amend both the Zoning (Chapter 14) and Merchants, Businesses, Occupations, and Amusements (Chapter 11) regulations. I ATTACH M E NTS: 2020 Code Changes - Redline.pdf Administrative Content.pdf 2020 Code Changes - Final.pdf CHAPTER 11 MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS 11.102: RULES AND DEFINITIONS: AMUSEMENT -r: \® III .-t-I \ A / % tpr \/ 01111 t.,ise IIIIa IIID w IIII IIID IIIIIIIIIIID IIII: w IIII III: � C, i iii m IIIIIIII IIw�llll :IIIIIIII:IIII I IIII: IIII w IIII IIII IIII�IIII: IIII:: IIII IIIIIIII :IIII wllll ��IIII IIII �w IIID � �IIII:IIwllll � IIID IIIIg 2 1,2 g m c� � .�� :IIII � � �� IIII IIII � : � :: �w � IIII IIII : oIIII IIII :IIII IIII � � � � �� IIII ��: �� IIII : � � °fin I " "fin °fin IIII : � IIII : IIII � IIII �IIII IIII IIII � IIII IIII :IIID IIII IIII IIID :IIII � IIII � Ileve II IIII : IIII � IIII 'iiii llll : � 'iiii c to Such definition does not include a bowling alley, a jukebox or other coin operated music machine or a mechanical riding device. GALLERY, SHOOTING: A place maintained for profit and to give patrons an opportunity to practice their skills at putting guns IIII�IIII IIIIIIII IIII IIII � : �� IIII IIII �� i�� i n pp g g �� line with a target or object so as to hit same, whether for a score or a prize as in a contest iii °iiiii � � � � „� � 1 me IIID IIIIIIIIIIII�:IIIIIIIII:�w IIII IIII �IIIIIIII IIII ��Iwllll �IIIIIIII I IIII ::IIII IIII IIII1111 IIII e t eIIII IIII IIII �:: IIII IIII: w IIII IIII IIII IIII IIII �I IIII IIII IIII IIID IIII IIII IIIIve IIII IIII IIIIIIII IIIIIIII�1111 IIII IIII It IIII �� IIIIIIII� III IIII IIII �� IIII IIII IIII IIII°' 9 IIIIIIII °° w 11.501: LICENSE REQUIRED: No person shall operate or maintain a bowling alley, billiard table, pool table, bagatelle table, pigeonhole table and/or shootin g IIII �IllliiiillllI°iiiiiiii gallery open o en to the public, except in compliance with the provisions of this Article. It shall be unlawful for any person to operate or maintain a bowling alley, billiard table, pool table, bagatelle table, pigeonhole table and/or shooting gallery in the Village without first having applied for and obtained a business license from the Village Clerk as provided in Chapter 10 of this Code in order to operate such bowling alley, billiard table, pool table, bagatelle table, pigeonhole table and/or shooting gallery. (1981 Code) 11.502: LICENSE FEES: A. Bowling alleys and billiard parlors shall be designated as Class I establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter. B. ShootingIIII �Illliiiillll:I°iiiiiiii: IIII: alleries shall a the annual fees as set forth in Article � g pay »IV of this Chapter. (1981 Code; Ord. 3617, 3-4-1986) 11.503: CONDUCT: A. All persons present upon the premises containing any bowling alley, billiard table, pool table bagatelle table pigeonhole table and/or shooting IIII �Illl iIIIIll�°IIII IIII iIIII � � IIII I alter shall g table, g � � g y conduct themselves in an orderly manner so as not to disturb the peace and quiet of those premises by "disorderly conduct" as defined in this Code. B. It shall be unlawful for any person to gamble, bet or permit any form of gambling or betting in or upon any premises used as a bowling alley or containing a billiard table, pool table, bagatelle table pigeonhole table and/or shooting IIII �Illl iiiillll °IiiiiIiiii IIII alter .(1981 Codeg �pg g � g y) 9 11.504: HOURS OF OPERATION: A. It shall be unlawful for any person to keep open, operate or use any billiard table, pool table bagatelle table, pigeonhole table and/or shooting in the Village between: the hours of one o'clock (1:00) A.M. and six o'clock (6:00) A.M. on Monday through Saturday, inclusive; and between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. on Sundays and on January 1, of each year. B. It shall be unlawful for any person to keep open, operate or use any bowling alley in the Village between: the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. on each day of the year. (1981 Code) 11.505: PLACE OF BUSINESS: Nothing in this Article shall be construed so as to be in conflict with the Zoning Ordinance of the Village. (1981 Code) 11.506: INSPECTIONS: It shall be the duty of the Department of Community Development to inspect every establishment licensed under this Article as often as necessary to insure compliance with this Article and all other ordinances relating thereto. Furthermore, with respect to shootingiiii Piiiiiiiiiiiiiiiiiiii : �iiii galleries, the above inspections shall make certain that targets are laced g p g p before a backstop of steel sufficient) thick to prevent an bullet iiia "" i iiia "" from p Y p Y �� piercing it and so arranged that there shall be no danger from ricochetting p g� g g g Failure of the owner or a such operator to so arrange ��or deflected pieces o iiii��°� p g targets shall constitute a violation of this Code. (1981 Code; Ord. 3617, 3-4-1986) 11.3410: OTHER FEES: K. ° galleries. Appendix A, DIVISION II — FEES, RATES, AND TAXES Section 11.3410: OTHER FEES: A. Auctioneers $150.00 annually 50.00 per month for any period less than 1 year 25.00 per day, for any period less than 1 month B. Carnivals and circuses 150.00 per day, with a minimum fee of $450.00 plus $45.00 per hour ride inspection fee C. Concessions and sideshows 7.50 per day associated with a carnival or circus D. Coin in slot devices: 1. Amusement devices/pinball/electronic games 150.00 per machine annually or $500.00 for a single business location; whichever is less 2. Tobacco vending machines 150.00 per machine annually 3. Jukeboxes 35.00 per machine annually 4. $0.01 to $0.10 candy, gum and nuts 5.00 per machine annually 10 11 5. All other coin in slot or reverse coin devices 20.00 per machine annually or $250.00 for a single business location; whichever is less E. Food service vehicles 150.00 per vehicle annually F. Gold and silver merchants: 1. Itinerant 50.00 per day 2. Permanent buyer, trader or exchanger 175.00 annually 3. Permanent seller only See class I establishments G. Golf courses/golf driving ranges/miniature golf courses 150.00 annually H. Outdoor advertisers 225.00 annually I. Parking lot employee identification card 5.00 per card annually J. Towing services/wreckers 30.00 per towing truck annually K. Shooting galleries 150.00 annually L. Over the counter tobacco sales 50.00 annually M. Itinerant merchant/vendors: 1. Itinerant merchant, hawker, peddler, or transient or vendor 150.00 annually 75.00 per month for any period less than 1 year; $10.00 per day for any period less than 1 month 2. Vending machine company 100.00 annually 3. Itinerant retailer registration 20.00 per registration N. Promotional events 20.00 per permit O. Massage establishment 250.00 annually first year 100.00 annually subsequent years 11 12 14.31 ENVIRONMENTALLY SENSITIVE DEVELOPMENT TECHNIQUES: 14.31 FENCES AND WALLS: 14.31 PERMITTED OBSTRUCTIONS: A. Permitted Obstructions In Required Yards: Permitted obstructions in the C-R 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. 13 Encroachments Permitted In Required Yards As Determined By The Building Setback Line Front Exterior Side Rear Side Arbors, not to exceed a width of 5', a depth of 3', and a height of 8', P P with a minimum setback of 3' from side lot lines Boat slips, when adjacent to a navigable waterway P Central air conditioning units, generators, and similar mechanical P equipment, subJect to the requirements in subsection Cof this section Decorative outdoor structures, maximum footprint of 4 sq. ft., P P P P maximum of 2 structures per lot� with a maximum height of 8' p Driveways subject to the regulations noted in article XXII of this P P P P chapter p Eaves, gutters, chimneys, bay windows encroaching not more than 24", P P P P no closer than 12" to a lot line Handicap ramps in side yards, encroaching no more than 50% P Landscape terraces and retaining walls, subject to approval by the P P P P Engineering Division and issuance of a building permit g g g Maximum of 4 rain barrels per lot, up to 55 gallons in size each, P P P subject to the requirements in subsection of this section J q C Off street parking pads sub. ect to the regulations noted in article XXII P P of this chapter Open stoops and canopies no larger than 8'x 5', excluding steps P P P P Outdoor storage cabinets, subject to requirements in subsection C of P this section Patios, balconies, and decks with a minimum setback of 15' from the P rear lot line and outside the required side yard Service walks, sidewalks, steps, and handicap ramps up to Win width P P Service walks, sidewalks, steps, and handicap ramps up to Yin width P P Sport courts with a minimum setback of 15' from the rear lot line and a minimum 5' from the side lot line, including associated equipment such P as basketball standards Stationary basketball standards, when adjacent to an existing driveway P P P P Trellises, not to exceed 8' in height and a total width of 10', maximum P P of 2 structures per lot �� II''1111111111111111 l ilii ilii h ilii iiir � � ilii 5ilii iiii� � iiii' I � 14 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. Number Permitted: Permitted obstructions as listed in this section shall not contribute to the total number of accessory structures permitted per lot as regulated in section 14.306 of this article. C. Additional Requirements For Permitted Obstructions: 1. Rain Barrels: 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. Mechanical Equipment: 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. Number Permitted: 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 feet (7'). c. Location: Outdoor storage cabinets shall not be located in a required front or exterior side yard. 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. (Ord. 6286, 12-6-2016) �w � w w u site line �w t 'iii [-) it atnF : b. B i i� � materials � � dw st with the et ai et t�e s rUe w �w �w �w w �w �w r � u� ii a s n i� ii [ri �� iisti i - ui too i� i�,i r� it- ii h b iri i i � l i� w . i µ i i i� i � i µ iia 'i� b o iµ VISION CLEARANCE: 15 14.604: LAND USE TABLES: LAND USE TABLE 1 RESIDENTIAL AND RECREATIONAL ZONING DISTRICTS Land Use C-R R -X R-1 R -A R-2 R-3 R-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 ofaPUD C C Attached single-family homes P Churches, synagogues, mosques, or other houses of worship P1 P1 P1 P1 P1 Churches, synagogues, mosques, or other houses of worship planned unit developments C C C C C 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 c enter C C C C C Daycare home P P P P P P Detention or retention facilities C Dormitory accommodations C C C C C Elementary schools P1 P1 P1 P1 P1 Family community residence (located at least 1,000 feet from another family community residence) P P P P P P Family community residence (located within 1,000 feet of another family community residence) C C C C C C 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 P1 P1 P1 P1 P1 Home occupations P P P P P P Libraries C C C C C 16 Lighted ball fields C B-2 B-3 B-4 B-5 B 5C More than 1 garage 1-3 C C C C P P Multi -family dwellings P P P Accessory uses (10 percent retail of permitted uses) P P Municipal buildings P1 P1 P1 P1 P1 Museums C C C C C C Nature preservation areas P C-11PI, P C C Parks and playgrounds P Animal daycare center and kennels C C C Personal wireless service facilities, structure mounted P P P P P P P Planned unit developments C C Antique shops Private or parochial schools P P1 P1 P1 P1 P1 Public recreational facilities P Recreational complexes C Rehabilitation homes C C C C C C Residential planned unit developments C C C C C Senior housing when approved as part of a PUD C C Single-family detached dwellings P P P P P Studios C Tennis courts, swimming pools, volleyball courts, and similar recreational facilities P Two-family dwellings P P Unlighted ball fields P LAND USE TABLE 2 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Land Use B-1 B-2 B-3 B-4 B-5 B 5C 1-1 1-3 Accessory structures P P P P P P P P P Accessory uses (10 percent retail of permitted uses) P Amusement establishment C C Amusement establishment indoor only C-11PI, 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 17 9 Art and school supply stores P P P P Art and woodcraft studios P P P P Art, sculptor, and composer studios P P P P Art shops or galleries (not auction 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 or less) C c'` Automobile sales, new or used (with over 2 acres) C P C C ';''', Bakeries P P P P P P Banks and financial institutions C 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 G C Business machine sales P P P P Camera and photo supply stores, film developing P P P P Candy and ice cream stores P P P P P Car wash C P C C C Carpet and rug stores, retail sales P P P P Catering services C C C Children's recreation centers P P P P China and glassware stores P P P P Clothing and apparel retail stores P P P P P Clothing and costume rental stores P P P P Clubs and lodges C P P P P Coin and philatelic stores P P P P P Colleges and universities C C C C Commercial greenhouses and nurseries P Compost collection facility C C W Computer offices and facilities P P P P P p P Computer sales, service and accessories P P P P Concrete fabrication C Contractors', architects' and engineers' offices P P P P P P Contractors', architects' and engineers' storage yards C Contractors' showrooms P P P P Convenience stores P P P P P Convention and exhibition halls C C Cosmetology schools P P P P C 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 c enters C C C C C C C Department stores P P P P Drive-through and drive-in establishment C C C C Driving schools C P P P P Drugstore/pharmacy P P P P P Dry cleaning and laundry establishment P P P P P Dry cleaning plants P Dwelling units, located above the first 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 delicatessen P P P P P Funeral homes C C C Furniture store P P P P Furrier shops P P P P Gift shop P P P P P Hardware store P P P P P Health services, clubs, recreation centers, or gymnasiums P P P P Hearing aid stores P P P P Heliports G C Home improvement center (no outdoor storage) P P P P Home improvement center with outdoor storage C C 19 Hospitals C Hotels and motels C C P P Household electrical appliance stores P P P P Interior decorating shops P P P P Jewelry stores P P P P Lamp and lighting fixture stores P P P P Laundries P Laundromat, automatic, self- service only P P P P P Lawn and garden equipment and supply P P P P Leather goods and luggage stores P P P P Libraries P P P P P Light assembly and repair P 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 .� p p p p cj Miniwarehouse P P Motorcycle, snowmobile, or personal watercraft sales C Municipal buildings P P P P G 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 sales P P P P Outside display and sales C C Outside service areas C C Paint and wallpaper stores P P P P Parking lots, other than accessory parking C C P C C P 20 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 uses C 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 G C C Plastics processing C Post office P P P P F ti"'p y e. \N° .... I:. ll 1 l 13P .:. C C" Printing and duplicating P P P P Printing and publishing establishments P Public utility and service uses C C C G P Public works and park district storage yards and related facilities P Radio and television stations, studios and towers C P C C P Recycling collection centers C P Religious institutions C Repair, rental and servicing of any article of which is rmi in hdistrictP permitted use the pe P P P Research laboratories and testing facilities P P Restaurants P P P P P G C Restaurants, including entertainment and dancing P P P P Secondhand stores and rummage shops P P P P Shoe stores P P P P .... :viii � ,lle ieC1 :. 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 21 Ticket agencies P P P P Tobaccol..................."., shops P P "I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""I"ll""I'll""I'l'll""I'llI ...............co/ a e ` Towing agencies P Toy shops P P P P Trade or vocational schools (excluding cosmetology) P C Trailer and camper sales and rental C Transfer stations for refuse disposal C P Travel agencies P P P P P Truck sales, rental and repair C Tutoring center P P P P Unique use C C C C C C G C C Warehouse, distribution and storage facilities p P Watchman's quarters P P P P P Wholesale establishment P 22 14.905: BULK REGULATIONS: B. Yard Requirements: Any building or structure hereafter constructed or relocated in the R-1 district shall maintain minimum yards as follows: 1. All permitted and conditional uses for residential: Front yard 30 feet Interior side yard 10 percent of lot width or 10 feet whichever is less Exterior side yard 21,11,1111,11,111,11,110 feet Rear yard 25 feet 2. All permitted and conditional uses for nonresidential: Front yard 30 feet Interior side yard 10 feet minimum, but not less than 1/2 the height of the principal Exterior side yard 1- 0 building Exterior side :. 0 feet yard Rear yard Shall be equal to the height of the principal building or structure but not less than 25 feet 14.1005: BULK REGULATIONS: B. Yard Requirements: Any building or structure hereafter constructed or relocated in the R -A district shall maintain minimum yards as follows: 1. All permitted and conditional uses for residential: Front yard 30 feet Interior side yard 5 feet Exterior side yard 1- 0 feet Rear yard 25 feet 2. All other permitted and conditional uses for nonresidential: Front yard 30 feet Interior side yard 10 feet minimum, but not less than 1/2 the height of the principal building Exterior side. yard 0 feet Rear yard Shall be equal to the height of the principal building or structure but not less than 25 feet 23 ARTICLE XX O/R OFFICE RESEARCH DISTRICT anol Di irne .. .. ;►M .. ,. 14 041 24 111r^APAIM ANN 1LW31I2W2 MA ..r NO i ON 1 • wW #r wr y r r i i► i r i r r r /► ii t I i, i r r. i i w i . i A I . ,. w w .► s w w s .r w N ELWAIssism•i • w i s" i i t MT." nM".N= i t i i ■ i i i t i .r i t w w .. i i• •• ♦ L, i •i •i i r # : w w s w: w w► w ,.r • • i i i• i', i . r . • i i a► •. w W, w w Ir # ,r s w" i; i i i i i► i wr • • i =1i i �► ih d Faii i i i i r i i i 1 t i i i i r i t w .► w .. w W +r ; w w, w i �► r i r r r i i r. .i i i i i rKNOW, •• r �'.; w s ... W .. 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Driveways: All single-family and attached single-family driveways shall conform to the 6. Attached Garages: Driveways serving attached garages shall not exceed twenty,,,,,,,,,,,, six feet (26') in width unless otherwise regulated elsewhere in this chapter. b. Driveways Serving Three Car Attached Garages: Driveways serving three (3) car attached garages may be the same width as the garage, not to exceed a maximum width of � SII I'M � � thirty three feet(33')-,ilii ilii ilii i�� ilii ilii iiia ilii I I ilii � ilii ilii � 'ilii ,ilii ilii s � � u � � � III � �� WSW ,II �� I �� W�W.m„�� I �� .�.�� '” �� WSW �� i W r^'w �� " �� C �� ilii ilii ilii ilii ilii i�� iiiil ilii iiii.11ll. ilii ilii ilii ilii ilii ilii iiia �iiii Iw '' w e v a t 7. Detached Garages: Driveways serving detached garages shall not exceed twenty,,,,,,,,,,,, six feet (26') in width unless otherwise regulated elsewhere in this chapter. b. Driveways Serving Detached Garages: Driveways serving detached garages may be I^o the same width as the ara a ilii 1 o I�IIIIIII ilii III Il ilii ilii �� : ilii ilii , ilii iiii� iiii� �e ilii g g � ��w�, n iiia ilii I� ilii I�� I�� I� I� ilii ��u � �� I� � oi e 1CeI6vaioiliJ IIII�.� w � �� i�� w ilii w� � iiia ilii � �� 'iiiiio ilii I I III um w w . m w u uuum ®® . Maximum measurement shall be taken from garage's edge farthest from the side lot line, running parallel to the garage facade. 25 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. is w `� -;M � 1 - t; � � r � • ii r 4%A V�} r i r r i i -q 10 i • i ,� _ +► t,MI 9=12 �► i t 2671ST �' 1 �, t• i N- r 10 , t �► i r t• - 111M r i r► - r r► I1: - t - i► r i - t r i - 1► " i , - �► - t . j 'It IN I' W"' •rt► t r r 1 -- 11 IT • t • I'mt i r- - i r I r i t t i► 1 -. t �; AMal LWWA1k1W21W2 LW= WA W- 00 X" AW2 far i i- r - t r i t r i r i r r i t ■ - - Fa • LW LWINILWA M 4 0 LIW3M'ALWI IN I LW3 ILW30rwj WAW. Wr I LWILW2 W a IIIIL r w► Ar + WAW 4W 10 10 JLWAW rem it wr r i r • i r t r t o i i► r- it wr �► s ,. *r wr II w► # t w► p► q► # wi► +R ARTICLE XXIV DEFINITIONS 14.2401: PURPOSE: AMUSEMENT-nLIV' 1 L-. �III�� s�� 'iii � IIII,�u,�� iiii IIII �� IIIIrlli �� IIII Used � �' � �� r r Imp � r r we,,,a �:se cls �� w�� w�� to �f" ��.IIII IIII IIII IIII IIII IIII IIID IIII IIII IIII IIID IIID IIII � � �� IIII IIII IIII IIII w�llll � IIII IIII IIII II s IIII �I�II� �� IIID IIII VIII IIII � I SII '� � "fin °fin "i� IIII �� IIII IIII IIII:IIII IIII�� IIID Illus IIII IIII IIII IIII IIII IIII �� IIII:IIII IIII�� IIII �� IIII �� IIID IIII�� IIII IIII IIII IIII �� IIII ��: Se IIID IIII IIII i..6....... i,� de o IIII IIII �� jjjjj�� IIII IIII � IIII IIII 2l,p IIIDgte d uII, e 1111 m. °°�� (�� IIII IIII IIII �� IIII IIID IIII IIID IIII�� IIII �� IIII ��IIII�IIII�� aIIII IIIIu�� IIII IIII�� III ��"Illll �� IIII �: ��IIII IIII IIII �� IIII � �� IIII IIII IIII IIII �:� IIII IIII IIII IIII � �11IIII �� IIII IIII IIII IIII IIII IIII IIII ul�� a � IIII � uIU�� u l °gym �" �'� '� � �� I lu,� �� °�u� " � � �� 'iiii �� VIII IIII IIII �� IIII �� II IIII IIII �� 'iiii IIII � ��°� a IIII ��uI� e G�� ml �� Mme IIID c IIII IIII ulw�� VIII IIII �� IIII IIII IIII �� IIII �� IIII �� IIII IIII �� IIID �" �� iii i� �� „� � � �� ° �IIII�� IIII IIII IIII:�IIII � IIII IIII �� IIII �� IIII IIII�� IIII ��:IIII IIII �� IIII�� IIII �� IIII �IIIIIIII IIID Illl��ul��llll ��''I'll�� ,��................................................................................................................I��''I'll�� 11S IIII IIII IIII IIII �� III�t�i a IIII �� IIII�� IIII III IIII IIII �� IIII IIII IIII IIII ��°'� ��9�� IIII IIII ��°°�� .....................�� IIIb' ........... ..........�� i � �� IIII �� IIII �� : � IIII � �� IIII �� IIII �� IIII � � IIII � �� IIII �� IIII ul� IIII IIII � II�� 'iiii IIII � o�� IIIIIIII IIII IIII IIII IIII ,IIII IIII o m. "iiia IIII IIII i eaIIII e s 6"ii iof u cts IIII VII I IIII IIII IIII IIII IIII � � � '� �, � � � � IIII I : � IIII a IIII a IIII IIII IIII � I � �IIl" III I I ul� � � IIII IIII ........... ..........� �� I�� IIII i � � IIII � IIII �w IIII �� IIII � � IIII � IIII i IIII � � �� s IIII �IIIIIIII IIII IIII IIII IIII �a coI �� IIII �IIIII IIII IIII IIII 'iiii IIII set IIII, Il t iiii IIII Viii 26 VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 ........... .__ . . . . . . . . ........... STAFF REPORT FROM THE DEPARTMENT OF Community Development William J. Cooney, AICP Jason C. Shallcross, AICP -Director of Community Development Senior Planner . .......... DATE: June 4th, 2020 CASE NUMBER APPLICANT/PROPERTY OWNER PZ -10-20 Village of Mount Prospect PUBLIC HEARING► DATE June 11, 2020 PROPERTY ADDRESS/LOCATION 50 South Emerson Street BRIEF SUMMARY OF REQUEST To meet the strategic goals and needs of the community while fostering a business -friendly environment, the Community Development Department is recommending several text amendments to the zoning ordinance of the Village Code. F.1101 ONSITURTITA I I WE94(01 L1 10119 01 DENY PROPOSAL To meet the strategic goals and needs of the community while fostering a business -friendly environment, the Community Development Department is recommending the following text amendments to the zoning ordinance of the Village Code: Article 1/1, Section 14.316: Unenclosed Porches in the Required Front Yard Setback The Zoning Ordinance requires administrative conditional use review and approval by the Director of Community Development for unenclosed porches encroaching no more than five feet (S') into the required front yard setback. In the last five (5) years, there have been sixteen (16) administrative conditional use requests for unenclosed porches. All sixteen (16) were approved without opposition from the public. As such, staff is recommending that improvements of this type instead be made permitted obstructions and their standards converted into additional requirements that still apply. Staff would ensure that all standards would be met, but it would take place as part of the building permit process instead of requiring conditional use approval. Thus, Section 14.316 of the Zoning Ordinance would be eliminated entirely, with select regulations being relocated to what is currently Article ///,. Section 14.319: Permitted Obstructions. Article I//, Section 14.317.- Environmentally Sensitive Development Techniques With the elimination of Section 14.316 of the Zoning Ordinance, this section would be renumbered as Section 14.316 of the Zoning Ordinance. Article I//, Section 14.318: Fences and Walls With the elimination of Section 14.316 of the Zoning Ordinance, this section would be renumbered as Section 14.317 of the Zoning Ordinance. 27 Article Ill, Section 14.319: Permitted Obstructions With the elimination of Section 14.316 of the Zoning Ordinance, this section would be renumbered as Section 14.318 of the Zoning Ordinance. Additionally, the applicable unenclosed porch regulations mentioned previously would be made part of this section. The permitted obstruction table would also be altered to reflect the inclusion of unenclosed porches as a permitted obstruction. The regulations carried over from Article lel, Section 14.316 Unenclosed Porches in the Required Front Yard Setback would be placed in subsection 'C: Additional Requirements for Permitted Obstructions. Article Ill, Section 14.320: Vision Clearance With the elimination of Section 14.316 of the Zoning Ordinance, this section would be renumbered as Section 14.319 of the Zoning Ordinance. Article VI: Land Use Table I With unenclosed porches becoming a permitted obstruction and no longer requiring conditional use approval, it is no longer necessary to include unenclosed front porches in Land Use Table I of the Zoning Ordinance. Article VI: Land Use Table It Several updates are proposed for Land Use Table 2 of the Zoning Ordinance to meet the strategic goals and needs of the community and foster a business -friendly environment in the community. First, the O/R Office Research District is proposed to be removed from the table entirely. With the last O/R zoned property in the village being rezoned to 1-1 Limited Industrial in 2018, the zoning district should be removed from the Zoning Ordinance entirely. New indoor amusement uses are constantly evolving and locating in vacant retail spaces. However, the village Zoning Ordinance does not have a relevant use in the land use table for these uses. Therefore, staff are proposing to broaden the current 'amusement establishment indoor only' use from being limited to coin operated machines operated by buttons, dials, and trigger devices to any use that is designed, intended., or used as a test of skill or entertainment and enjoyment without primitive weapons or other potentially dangerous objects. Examples include, but are not limited to, arcades, trampoline parks, bumper cars, and all games or operations similar thereto under whatever name they may indicate. Such definition does not include a bowling alley, a jukebox, or other coin operated music machine or a mechanical riding device. With this change, staff is also proposing to allow uses of these types in the B-3 and B-4 districts by right and in the B-5 and B -5C districts subject to conditional use approval due to parking concerns. The relevant definition change is proposed in Article XXIV: Definitions. Per the Zoning Ordinance, archery ranges and shooting galleries are allowed in the B-4 and 1-1 districts subject to conditional use approval. Staff are proposing to separate archery ranges from shooting galleries, instead creating a separate 'primitive weapon galleries' use and 'shooting galleries' uses. Primitive weapon galleries are becoming ever popular in today's business climate, especially with the creation of axe throwing leagues. Staff is proposing to allow primitive weapon galleries in the B-3 and B-4 districts as permitted uses and in the B-5, B -5C, and 1-1 districts subject to conditional use approval. The location of shooting galleries would remain unchanged (allowed in the B-4 and 1-1 districts subject to conditional use approval). Per the Zoning Ordinance, automobile sales, new or used, on parcels of any size is not allowed in the 1-1 Limited Industrial District. Additionally, truck sales, rental, and repair is not allowed in the 1-1 Limited Industrial District. However, several parcels annexed in the last five (5) years are affected by the flood plain KA M and are thus largely undevelopable. Allowing the sale of automobiles and trucks on these parcels provides an avenue for these property owners to secure tenants while also complying with floodplain regulations. Staff are confident that allowing the sales of automobiles and trucks in the 1-1 Limited Industrial District will not lead to these uses invading existing business parks and that our manufacturing base will be maintained. Therefore, staff is proposing to allow the sale of automobiles and truck sales, rental, and repair in the 1-1 Limited Industrial District, subject to conditional use proposal. Per the Zoning Ordinance, cartage and express facilities are allowed in the 1-1 Limited Industrial District subject to conditional use approval. However, with the expansion of distribution centers and the industrial sector as a whole in the last decade, this use has been found to confuse both realtors and tenants looking to locate in the area. Cartage, often referred to as the 'last mile' of parcel shipping, is now largely part of any warehouse, distribution, and storage facility operation, which is a permitted use in Land Use Table 2. As such, staff does not believe it is necessary to include this use in the table any longer, clearing up confusion. Land Use Table 11 contains several alcohol-related uses, however a few key uses made popular in the last decade are missing. Staff are proposing to allow both microbreweries and taprooms as permitted uses in the B-3,, B-41 13-5, and B -5C zoning districts, with microbreweries also allowed as a conditional use in the 1-1 Limited Industrial District. The Zoning Ordinance does not address where vape shops or tobacco and vaping lounges are allowed to locate in the village. Staff are proposing to separate the tobacco/vape shop use from tobacco/vape lounges due to the amount of time patrons spend at each respective establishment. Tobacco/vape shops would remain permitted uses in the B-3 and B-4 zoning districts, but would no longer be permitted in the B-5 and 13-5C districts. Tobacco/vape lounges, a new use, would be allowed as a conditional use in the B-3 and B-4 zoning districts only. Definitions of tobacco/vape shops and tobacco/vape lounges are provided later in the chapter under Article XXIV: Definitions. Article IX., Section 14.905: Bulk Regulations (R-1 Single -Family Residence District) and Article X, Section 14.1005: Bulk Regulations (R -A Single -Family Residence District): Representing all of the single-family residence zoning districts in the village, these districts contain approximately 12,500 properties between them. Of those properties, more than 1,100 do not comply with the village's current twenty foot (20') exterior side yard setback requirement. That is, the principal structures on more than 1,100 properties in the village encroach into the required exterior side yard setback. Most of these lots are located closer to the downtown area and are only about fifty feet (50') wide. Providing an exterior side yard setback of twenty feet (20) on one side and an interior side yard setback of five feet (5'} on the opposite in the downtown district (R -A Single -Family Residence) leaves many property owners with a development envelope that is only twenty-five feet (25') wide. If the exterior side yard setback requirement was reduced from twenty feet (20')toten feet (10'), only 181 properties in the village would have nonconformities because of the exterior side yard setback. Therefore, staff is recommending that the exterior side yard setback be reduced from twenty feet (20') to ten feet (10') in the R-1 Single - Family and R -A Single -Family Residence Districts. Article XX OIR Office Research District As stated earlier in this report, the last O/R zoned parcel was amended to 1-1 Limited Industrial in 2018. As such, this zoning district should be removed from the Zoning Ordinance entirely. K W Article XXII, Section 14-2204: Residential Driveways The maximum driveway width allowed for driveways serving two -car garages in the village is twenty-six feet (26'). For three -car garages, driveways may be up to thirty-three feet (33') wide, but must taper to twenty- six feet (26') within the first eighteen feet (18') of the garage. This tapering requirement does not allow for one to park in front of the third stall because not enough room is provided before the driveway must taper to twenty-six feet (26'). Instead, it causes residents to turn into and out of their third garage stall, which is not desirable. Further, it makes parking trailers and recreational vehicles in these stalls difficult to do without going off of the pavement into the grass. Staff is proposing to remedy the situation by allowing a maximum width of thirty-three feet (33'} within the first eighteen feet (18-) of the garage so that residents are able to park in front of all three (3) garage stalls. Staff is simultaneously proposing that driveways be required to taper to twenty-six feet (26'} within thirty feet (30') of the garage's front elevation. This provides an eighteen foot (18') parking space in front of the third garage stalls and twelve feet (12') of taper, which should provide the room necessary to easily pull into and out of the third garage stall. Lot coverage requirements will remain unchanged and still apply to all single-family residence properties in the village. Article XXII, Section 14.2205: Accessible Parking Requirements The village amended the accessible parking requirements in 2016 to be in-line with requirements put forward by the State of Illinois in the Illinois Accessibility Code. However., the State of Illinois changed the Illinois Accessibility Code just last year. Staff is proposing to move away from providing specific language regarding accessible parking design and believes that the code should instead reference the Illinois Accessibility Code so that the parking regulations are always consistent with the state's regulations. Article XXIV.- Definitions As stated previously, staff is proposing several new definitions to facilitate the proposed amendments. They include alterations to the definition of amusement, shooting gallery, primitive weapon gallery, tobacco/vape shop, and tobacco/vape lounge. Chapter 11, Article 5: Bowling Alleys, Billiard Parlors, and Shooting Galleries Chapter 11 of the Village Code contains regulations regarding individual business types. Due to the proposed separation of primitive weapon uses from shooting galleries, Chapter 11 must also be updated. Staff is proposing that 'primitive weapon galleries' be made part of Article 5: Bowling Alleys, Billiard Parlors, and Shooting Galleries, and all associated regulations, fees, and inspections be consistent with shooting galleries as amended. Standards for Text Amendments The standards for text amendments are listed in Section 14.203.D of the Village Zoning Ordinance for the Planning and Zoning Commission to consider. The standards are: 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. 4 a 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 of Mount Prospect. The amendments are comprehensive in nature, and will have limited impact on creating additional nonconformities. While creating new uses and allowing other uses in different zoning districts, the proposed amendments do not make the zoning ordinance more permissive as a whole. The majority of the proposed changes are intended to reflect current Village objectives as outlined in the Comprehensive Plan and other accepted planning documents. The proposed amendments satisfy the standards for text amendments as required in the zoning code. The proposed text amendments to the zoning code are contained in the attached documents. Modifications to ,,addill, and mfloicat'lons, of exlqt.�n RLJI,'ations. The Jons. y,.rel. i . _L _ each of the chapters are indicated as 4e�� 11, 3 proposed text amendments meet the standards contained in Section 14-203.D of the Zoning Ordinance. Based on these findings, staff recommends that the Planning and Zoning Commission make a recommendation to the Village Board to approve the following motion: 1. "To approve the text amendments as outlined in the attached documents for case PZ -10-20 which should perform certain amendments to the text of both the Village's Zoning and Merchants, Businesses., Occupations, and Amusements regulations." The Village Board's decision is final for this case. ''Will ATTACHMENTS: ADMINISTRATIVE CONTENT (Zoning Request Application, Responses to Standards, etc...) I concur: William J. Cooney, Al&t Director of Community Development PLANS (Plat of Survey, Site Plan, etc.) H-WLAMPlanning & Zoning COMP&Z 20201Staff Reports\PZ-1 0-20 50 S Emerson Street (Text Amendments) docx OTHER (Supplemental Information, Pubfit Comments Received, etc 5 31 I -ho%jVillage of Mount Prospect uvT Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-5328 I. Subject Property Address(es): Zoning District (s): Property Area (Sq.Ft. and Por .. A reage): Parcel Index Number(s) (PIN(s): 11. Zoning Request(s) (Check all that apply) ❑ Conditional Use: For ❑ Variation(s): To El Zoning Map Amendment: Rezone From To ng Text Amendment: Section(s) ❑ Other: W. Applicant (all correspondence will be sent to the applicant) ----- . ......... tion: ................. . M'11104��'r+ Name: 0� 14 1 cvftyul Corpora ea" Address:� 10 City, State, ZIP Code,,, 116 Phone:L Email-, SQ . . .......... Interest in Property: r:P%--u4AAAj% (e.gowner, buyer'deviloper, lessee, archil ft, etc 1, . 0., I ) 1 M 32 V Property Owner FICheck if Same as Applicant .......... — ------ Name: Corporation: Address: City, State, ZIP Code: Phone: Email: In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant: Date: (Signature) (Print or Type Name) If applicant is not property owner: I hereby designate th applicant to act as my agent for the purpose application and the s ociated sup rting materiaL le e,r* Pro rt, 'Own * (Sign tore) ............. (Print or Type game) - --------- -------- of seeking the zoning request(s) described in this Date.- /+/� 33 CHAPTER 11 MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS 11.102: RULES AND DEFINITIONS: AMUSEMENT: Any use that is designed, intended, or used as a test of skill or entertainment and enjoyment without primitive weapons or other potentially dangerous objects. Examples include, but are not limited to, arcades, trampoline parks, and bumper cars, and all games or operations similar thereto under whatever name they may be indicated. Such definition does not include a bowling alley, a jukebox or other coin operated music machine or a mechanical riding device. GALLERY, SHOOTING: A place maintained for profit and to give patrons an opportunity to practice their skills at putting guns discharging projectiles of all kinds in line with a target or object so as to hit same, whether for a score or a prize as in a contest. GALLERY, PRIMITIVE WEAPON: A place maintained for profit and to give patrons an opportunity to practice their skills at putting bows and arrows, hand axes, and other primitive weapons in line with a target or object so as to hit same, whether for a score or a prize as in a contest. 11.501: LICENSE REQUIRED: No person shall operate or maintain a bowling alley, billiard table, pool table, bagatelle table, pigeonhole table and/or shooting or primitive weapon gallery open to the public, except in compliance with the provisions of this Article. It shall be unlawful for any person to operate or maintain a bowling alley, billiard table, pool table, bagatelle table, pigeonhole table and/or shooting gallery in the Village without first having applied for and obtained a business license from the Village Clerk as provided in Chapter 10 of this Code in order to operate such bowling alley, billiard table, pool table, bagatelle table, pigeonhole table and/or shooting gallery. (1981 Code) 11.502: LICENSE FEES: A. Bowling alleys and billiard parlors shall be designated as Class I establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter. B. Shooting or primitive weapon galleries shall pay the annual fees as set forth in Article XXXIV of this Chapter. (1981 Code; Ord. 3617, 3-4-1986) 11.503: CONDUCT: A. All persons present upon the premises containing any bowling alley, billiard table, pool table, bagatelle table, pigeonhole table and/or shooting or primitive weapon gallery shall conduct themselves in an orderly manner so as not to disturb the peace and quiet of those premises by "disorderly conduct" as defined in this Code. B. It shall be unlawful for any person to gamble, bet or permit any form of gambling or betting in or upon any premises used as a bowling alley or containing a billiard table, pool table, bagatelle table, pigeonhole table and/or shooting or primitive weapon gallery. (1981 Code) 11.504: HOURS OF OPERATION: A. It shall be unlawful for any person to keep open, operate or use any billiard table, pool table, bagatelle table, pigeonhole table and/or shooting or primitive weapon gallery in the Village between: the hours of one o'clock (1:00) A.M. and six o'clock (6:00) A.M. on Monday through M Saturday, inclusive; and between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. on Sundays and on January 1, of each year. B. It shall be unlawful for any person to keep open, operate or use any bowling alley in the Village between: the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. on each day of the year. (1981 Code) 11.505: PLACE OF BUSINESS: Nothing in this Article shall be construed so as to be in conflict with the Zoning Ordinance of the Village. (1981 Code) 11.506: INSPECTIONS: It shall be the duty of the Department of Community Development to inspect every establishment licensed under this Article as often as necessary to insure compliance with this Article and all other ordinances relating thereto. Furthermore, with respect to shooting and primitive weapon galleries, the above inspections shall make certain that targets are placed before a backstop of steel sufficiently thick to prevent any bullet, projectile, or object from piercing it, and so arranged that there shall be no danger from ricochetting bullets, projectiles, or objects, or deflected pieces of same. Failure of the owner or operator to so arrange such targets shall constitute a violation of this Code. (1981 Code; Ord. 3617, 3-4-1986) 11.3410: OTHER FEES: K. Shooting and primitive weapon galleries. Appendix A, DIVISION II — FEES, RATES, AND TAXES Section 11.3410: OTHER FEES: A. Auctioneers $150.00 annually 50.00 per month for any period less than 1 year 25.00 per day, for any period less than 1 month B. Carnivals and circuses 150.00 per day, with a minimum fee of $450.00 plus $45.00 per hour ride inspection fee C. Concessions and sideshows 7.50 per day associated with a carnival or circus D. Coin in slot devices: 1. Amusement devices/pinball/electronic games 150.00 per machine annually or $500.00 for a single business location; whichever is less 2. Tobacco vending machines 150.00 per machine annually 3. Jukeboxes 35.00 per machine annually 4. $0.01 to $0.10 candy, gum and nuts 5.00 per machine annually 5. All other coin in slot or reverse coin devices 20.00 per machine annually or $250.00 for a single business location; whichever is less E. Food service vehicles 150.00 per vehicle annually F. Gold and silver merchants: 1. Itinerant 50.00 per day 35 W 2. Permanent buyer, trader or exchanger 175.00 annually 3. Permanent seller only See class I establishments G. Golf courses/golf driving ranges/miniature golf courses 150.00 annually H. Outdoor advertisers 225.00 annually I. Parking lot employee identification card 5.00 per card annually J. Towing services/wreckers 30.00 per towing truck annually K. Shooting and primitive weapon galleries 150.00 annually L. Over the counter tobacco sales 50.00 annually M. Itinerant merchant/vendors: 1. Itinerant merchant, hawker, peddler, or transient or vendor 150.00 annually 75.00 per month for any period less than 1 year; $10.00 per day for any period less than 1 month 2. Vending machine company 100.00 annually 3. Itinerant retailer registration 20.00 per registration N. Promotional events 20.00 per permit O. Massage establishment 250.00 annually first year 100.00 annually subsequent years W 14.316: ENVIRONMENTALLY SENSITIVE DEVELOPMENT TECHNIQUES: 14.317: FENCES AND WALLS: 14.318: PERMITTED OBSTRUCTIONS: A. Permitted Obstructions In Required Yards: Permitted obstructions in the C-R 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 Front Exterior Side Rear Side Arbors, not to exceed a width of 5', a depth of 3', and a height of 8', P P with a minimum setback of 3' from side lot lines Boat slips, when adjacent to a navigable waterway P Central air conditioning units, generators, and similar mechanical P equipment, J q subject to the requirements in subsection C of this section Decorative outdoor structures, maximum footprint of 4 sq. ft., P P P P maximum of 2 structures per lot� with a maximum height of 8' p Driveways subject to the regulations noted in article XXII of this P P P P chapter p Eaves, gutters, chimneys, bay windows encroaching not more than 24", P P P P no closer than 12" to a lot line Handicap ramps in side yards, encroaching no more than 50% P Landscape terraces and retaining walls, subject to approval by the P P P P Engineering Division and issuance of a building permit g g g Maximum of 4 rain barrels per lot, up to 55 gallons in size each, P P P subject to the requirements in subsection of this section J q C Off street parking pads sub. ect to the regulations noted in article XXII P P of this chapter Open stoops and canopies no larger than 8'x 5', excluding steps P P P P Outdoor storage cabinets, subject to requirements in subsection C of P this section Patios, balconies, and decks with a minimum setback of 15' from the P rear lot line and outside the required side yard Service walks, sidewalks, steps, and handicap ramps up to Win width P P Service walks, sidewalks, steps, and handicap ramps up to Yin width P P Sport courts with a minimum setback of 15' from the rear lot line and a minimum 5' from the side lot line, including associated equipment such P as basketball standards 37 Stationary basketball standards, when adjacent to an existing driveway P P P P Trellises, not to exceed 8' in height and a total width of 10', maximum P P of 2 structures per lot Unenclosed porches, not to encroach more than 5' into the required P setback, excluding steps 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. Number Permitted: Permitted obstructions as listed in this section shall not contribute to the total number of accessory structures permitted per lot as regulated in section 14.306 of this article. C. Additional Requirements For Permitted Obstructions: 1. Rain Barrels: 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. Mechanical Equipment: 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. Number Permitted: 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 feet (7'). c. Location: Outdoor storage cabinets shall not be located in a required front or exterior side yard. 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. (Ord. 6286, 12-6-2016) 4. Unenclosed Porches: a. No site line obstruction shall be created; b. Building materials shall be consistent with the remainder of the structure; c. The design shall blend with the existing structure and neighboring homes; and d. The porch shall be in character with the neighborhood. 14.319: VISION CLEARANCE: 14.604: LAND USE TABLES: LAND USE TABLE 1 RESIDENTIAL AND RECREATIONAL ZONING DISTRICTS Land Use C-R R -X R-1 R -A R-2 R-3 R-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 ofaPUD C C Attached single-family homes P Churches, synagogues, mosques, or other houses of worship P1 P1 P1 P1 P1 Churches, synagogues, mosques, or other houses of worship planned unit developments C C C C C 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 c enter C C C C C Daycare home P P P P P P Detention or retention facilities C Dormitory accommodations C C C C C Elementary schools P1 P1 P1 P1 P1 Family community residence (located at least 1,000 feet from another family community residence) P P P P P P Family community residence (located within 1,000 feet of another family community residence) C C C C C C 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 P1 P1 P1 P1 P1 Home occupations P P P P P P Libraries C C C C C W Lighted ball fields C B-2 B-3 B-4 B-5 B 5C More than 1 garage 1-3 C C C C P P Multi -family dwellings P P Accessory uses (10 percent retail of permitted uses) P P Municipal buildings P1 P1 P1 P1 P1 Museums C C C C C C Nature preservation areas P P P C C Parks and playgrounds P Animal daycare center and kennels C C C Personal wireless service facilities, structure mounted P P P P P P P Planned unit developments C C Antique shops Private or parochial schools P P1 P1 P1 P1 P1 Public recreational facilities P Recreational complexes C Art and school supply stores P P P Rehabilitation homes C C C C C C Residential planned unit developments C C C C C Senior housing when approved as part of a PUD C C Single-family detached dwellings P P P P P Studios C Tennis courts, swimming pools, volleyball courts, and similar recreational facilities P Two-family dwellings P P Unlighted ball fields P LAND USE TABLE 2 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Land Use B-1 B-2 B-3 B-4 B-5 B 5C 1-1 1-3 Accessory structures P P P P P P P P Accessory uses (10 percent retail of permitted uses) P Amusement establishment C C Amusement establishment indoor only P 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 Art and school supply stores P P P P We 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 or less) C C Automobile sales, new or used (with over 2 acres) C p C C C Bakeries p p p p p p Banks and financial institutions C 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 C Business machine sales p p p p Camera and photo supply stores, film developing p p p p Candy and ice cream stores p p p p p Car wash C p C C C Carpet and rug stores, retail sales p p p p Catering services C C C Children's recreation centers p p p p China and glassware stores p p p p Clothing and apparel retail stores p p p p p Clothing and costume rental stores p p p p Clubs and lodges C p p p p Coin and philatelic stores p p p p p Colleges and universities C C C C Commercial greenhouses and nurseries p Compost collection facility C C Computer offices and facilities p p p p p p Computer sales, service and accessories p p p p Concrete fabrication C 41 Contractors', architects' and engineers' offices P P P P P P Contractors', architects' and engineers' storage yards C Contractors' showrooms P P P P Convenience stores P P P P P Convention and exhibition halls C C Cosmetology schools P P P P C Craft distillery 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 c enters C C C C C C C Department stores P P P P Drive-through and drive-in establishment C C C C Driving schools C P P P P Drugstore/pharmacy P P P P P Dry cleaning and laundry establishment P P P P P Dry cleaning plants P Dwelling units, located above the first 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 delicatessen P P P P P Funeral homes C C C Furniture store P P P P Furrier shops P P P P Gift shop P P P P P Hardware store P P P P P Health services, clubs, recreation centers, or gymnasiums P P P P Hearing aid stores P P P P Heliports C Home improvement center (no outdoor storage) P P P P Home improvement center with outdoor storage C C Hospitals C Hotels and motels C C P P Household electrical appliance stores P P P P Interior decorating shops P P P P 42 Jewelry stores P P P P Lamp and lighting fixture stores P P P P Laundries P Laundromat, automatic, self- service only P P P P P Lawn and garden equipment and supply P P P P Leather goods and luggage stores P P P P Libraries P P P P P Light assembly and repair P 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 Microbreweries P P P P C Miniwarehouse P P Motorcycle, snowmobile, or personal watercraft sales C Municipal buildings P P P P 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 Optical, orthopedic and medical appliance sales P P P P Outside display and sales C C Outside service areas C C Paint and wallpaper stores P P P P 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 Pet shops and grooming establishments P P P P Petroleum tank farm and related accessory uses C Photo developing and image transfer P P P P 43 Photography studios P P P P Picture framing P P P P Planned unit developments C C C C C C C C Plastics processing C Post office P P P P Primitive weapon galleries P P C C C Printing and duplicating P P P P Printing and publishing establishments P Public utility and service uses C C C P Public works and park district storage yards and related facilities P Radio and television stations, studios and towers C P C C P Recycling collection centers C P Religious institutions C Repair, rental and servicing of any article of which is permitted use in the district P P P P Research laboratories and testing facilities P Restaurants P P P P P C Restaurants, including entertainment and dancing P P P P Secondhand stores and rummage shops P P P P Shoe stores P P P P Shooting galleries C C 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 Taprooms 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/Vape shops P P Tobacco/Vape Lounges C C Towing agencies P Toy shops P P P P Trade or vocational schools (excluding cosmetology) P C Trailer and camper sales and rental C Transfer stations for refuse disposal C p Travel agencies p p p p p Truck sales, rental and repair C C Tutoring center p p p p Unique use C C C C C C C C Warehouse, distribution and storage facilities p Watchman's quarters p p p p p Wholesale establishment P 45 14.905: BULK REGULATIONS: B. Yard Requirements: Any building or structure hereafter constructed or relocated in the R-1 district shall maintain minimum yards as follows: 1. All permitted and conditional uses for residential: Front yard 30 feet Interior side yard 10 percent of lot width or 10 feet whichever is less Exterior side yard 10 feet Rear yard 25 feet 2. All permitted and conditional uses for nonresidential: Front yard 3 0 feet Interior side yard 10 feet minimum, but not less than 1/2 the height of the principal building Exterior side yard 10 feet Rear yard Shall be equal to the height of the principal building or structure but not less than 25 feet 14.1005: BULK REGULATIONS: B. Yard Requirements: Any building or structure hereafter constructed or relocated in the R -A district shall maintain minimum yards as follows: 1. All permitted and conditional uses for residential: Front yard 30 feet Interior side yard 5 feet Exterior side yard 10 feet Rear yard 25 feet 2. All other permitted and conditional uses for nonresidential: Front yard 3 0 feet Interior side yard 10 feet minimum, but not less than 1/2 the height of the principal building Exterior side yard 10 feet Rear yard Shall be equal to the height of the principal building or structure but not less than 25 feet ie ARTICLE XX O/R OFFICE RESEARCH DISTRICT 14.2204: RESIDENTIAL DRIVEWAYS: A. Driveways: All single-family and attached single-family driveways shall conform to the 6. Attached Garages: Driveways serving attached garages shall not exceed twenty-six feet (26') in width unless otherwise regulated elsewhere in this chapter. b. Driveways Serving Three Car Attached Garages: Driveways serving three (3) car attached garages may be the same width as the garage, not to exceed a maximum width of thirty three feet (33') within the first eighteen feet (18') of the garage's front elevation, and shall taper to a width no greater than twenty-six feet (26') within thirty feet (30') of the garage's front elevation. 7. Detached Garages: Driveways serving detached garages shall not exceed twenty-six feet (26') in width unless otherwise regulated elsewhere in this chapter. b. Driveways Serving Detached Garages: Driveways serving detached garages may be the same width as the garage not to exceed a maximum width of thirty three feet (33') within the first eighteen feet (18') of the garage's front elevation, and shall taper to a width no greater than twenty-six feet (26') within thirty feet (30') 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 facade. 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 and Markings: Accessible stall dimensions, striping, and access aisles shall be consistent with the Illinois Accessibility Code. ARTICLE XXIV DEFINITIONS 14.2401: PURPOSE: AMUSEMENT: Any use that is designed, intended, or used as a test of skill or entertainment and enjoyment without primitive weapons or other potentially dangerous objects. Examples include, but are not limited to, arcades, trampoline parks, bumper cars, and all games or operations similar thereto under whatever name they may be indicate. Such definition does not include a bowling alley, a jukebox or other coin operated music machine or a mechanical riding device. GALLERY, SHOOTING: A place maintained for profit and to give patrons an opportunity to practice their skills at putting guns discharging projectiles of all kinds in line with a target or object so as to hit same, whether for a score or a prize as in a contest. GALLERY, PRIMITIVE WEAPON: A place maintained for profit and to give patrons an opportunity to practice their skills at putting bows and arrows, hand axes, and other primitive weapons in line with a target or object so as to hit same, whether for a score or a prize as in a contest. 47 TOBACCO/VAPE SHOP: A retail establishment which offers the sale or distribution of tobacco, smokeless tobacco, or alternative nicotine products. "Retail" means the sale of commodities in small quantities directly to the ultimate customer. TOBACCO/VAPE LOUNGE: An establishment where patrons share or smoke alternative nicotine products or shisha (flavored tobacco). Tobacco and Vape Lounges must abide by all regulations set forth by the State of Illinois.