HomeMy WebLinkAbout1524_001MINUTES
COMMITTEE OF THE WHOLE
SEPTEMBER 12, 1995
0 0 0
TV 0
0
0 9
0 0
1w w
W 0 0 0
a 0 Ow
0 0
1W
MEN
S 0 0 •
A
IL wI -L. .
television peG-Aes on pftn"vate Properly.
Ufe411
9I r
40
Ao
do
N
Ajl-� MayWFA 2 or Faney closed ule ruDlic Hean*ng at 808'60 P.mm
o 1NI
f I
Moll 0 0
T T
4.-
0 Zw 6 v 6 0 Awl
40
0
Res ectfu[
aj
DAVID STI
DS/rte Assistant
O+d1 1 V ** r ULUI C U1W
tional iftems necessa.ry as w%a-,A
row OM00"cein w iah several
I^htw
s addressesin the border
s�
a-fturried at 9* -30 pome
IUJ
fte
Manager
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TOO, MAYOR GERALD L. FARLEY AND BOARD OF TRUSTEES
FROM: ASSISTANT VILLAGE MANAGER
DATE: SEPTEMBER 21, 1995
SUBJECT: GUN REGULATION
The issue of gun control/regulation has been on the Committee of the Whole Deferred
Items list for some time. This issue is one of the more emotional issues of our time and
could, undoubtedly, take up an entire Committee of the Whole meeting.
SportMart has approached the Village requesting a review of local gun regulation at the
September 26 Committee of the Whole meeting. SportMart's request at this time is due
to their projected opening date in early October. SportMart is requesting the Village
Board preempt the Cook County Ordinance which prohibits any retail gun sales within
one-quarter mile of a school or park. SportMart is approximately 800 feet from a small
park in the Wedgewood area. SportMart is only requesting consideration so they may
be allowed to sell long guns which are considered sporting and hunting weapons.
SportMart is focusing on the long guns as a complement to their other camping and
hunting merchandize offerings. There is no request for consideration to sell handgun's
at this store location.
The Cook County Ordinance prohibiting retail gun sales within one-quarter mile of a park
or school became effective September 1, 1994. The County Ordinance also establishes
a $500 annual license fee. In order to be eligible for a Cook County Firearms License,
the applicant must meet all of the Federal Firearms License criteria. In addition, the
establishment must not be within the one-quarter mile distance from a park or school.
Since the Village has no local Ordinance relating to retail gun sales, the Cook County
Ordinance" applies to Mount Prospect gun sellers. The Village recently approved the
Youth and Gang related Offenses Ordinance regulating gun possession. The Village may
impose additional or other regulations beyond the Cook County Ordinance in order to
establish reguli3tions uniquely applicable to the Village.
Other municipalities have approved such legislation to regulate gun sales, within their
respective municipality. For example, the Village of North Riverside established a limit
on the amount of retail floor sale devoted to gun sales and an annual license fee. On the
other hand, the Village of Buffalo Grove has prohibited all gun sales within its borders.
The discussion this evening is intended to determine the Village Board's willingness to
establish local gun regulations and what form such regulations may take.
DAVID STRAHL
VILLAGE OF MOUNT PROSPECT
COMMUNITY DEVELOPMENT DEPARTMENT
Mount Prospect, Illinois
TO: MICHAEL E. JANONIS, VILLAGE MANAGER
FROM: 1 1 IING COORDINATOR
DA AUGUST 7, 1995
SUBJECT: SIZE OF ACCESSORY STRUC RES; SIGNAGE N SIDENTL4,L
DBIRICTS, COADAMRCIAIAECREATIONAL VEHICLES PARIMD AND
STORED IN RESIDENTIAL ZONING DISTRICTS
As directed, staff has reviewed the village's -ordinances with regards to sizes of accessory structures,
.6
recreation vehicles, commercial vehicles, and signage in residential districts. Staff has surveyed
fifteen local municipalities to determine their regulations in comparison with Mount Prospect's
regulations, and has prepared the following summary of staffs analysis and resulting
recommendations.
� K, zsg f., �A, g, m �, P. m., 5.1 1 mul zt, u re
Section 14.306.B of the Village's Zoning Ordinance restricts the size of detached garages to
600 square feet. Staff has surveyed local home improvements stores and has found- that this
size detached garage is common and is quite readily available to construct. In review of
Village files, Staff has found that the Village has approved three (3) of the four (4)
conditional use requests for detached garages housing more than two (2) vehicles following
the '93 comprehensive Zoning Ordinance amendment. The requests are listed as follows
Address:
Case Number
Approved
Area
--- -------
1814 W. Bonita
2 -CU -94
3/24/94
724 s.f.14
vehicles)
1713 S. Verde Ct.
7 -CU -944/5/94
I
860 s.f.
I
L4 vehicles)
1918 Wood Lane
35 -CU -94
8/25/94
682 s.f.
Q vehicles
208 N. School St.
38 CU
--94
DENIED
20 s.f. .(4
vehicles
Given the minimum number of requests received by the Village for larger detached garages,
staff does not believe that the Village needs to further review or revise the maximum
permitted size of detached garages at this time.
M-%r,hZ6eAE-
August 1 1, 1995
Page 2
Section 14.3063 also restricts the maximum size of a storage shed to 120 square feet. After
surveying local home improvement stores, staff found that the standard size of av'ailable
storage sheds continues to be 120 square feet in area: 64 square feet being the smallest, 160
square feet (special order) being the largest readily available.
71�7Handy Andy
...............
. .............. - - - --------
True Value
•.s.f
0'(80 s.f.)
10'x 12'(120
.....................
ST) . . ....
.......... 8 x 10 (80 sp
10, x (120 sP
10'x 14'(140
.......... .
S -f)*
101 x 121 (120 s. f
. . . . ...... . . ......
10' x 16' fl
60 s.f
* Only two (2) sizes available would not comply with Village requirements.
Given that the current Viflage permitted maximum shed size still corresponds with the sizes
,"able, staff does not befieve that the Village needs to further review or revise this specific
section of the ordinance.
There is a growing concem. over the continued proliferation of temporary advertising signs
which are displayed within the Village's residential neighborhoods. Real estate agents and
residential property owners are commonly placing "for sale", "open house" and "garage sale"
signs outside of the property for which they advertise. These signs are found along street
comers, along major arten*al roads and upon utility poles located within the public right-of-
way. Although the Village Sign Ordinance does not specifically address these types of
residential signs, Section 7.3 0 LB of the Sign Ordinance does strictly prohibit gns located
in or extended over the public right-of-way.
Staff recommends that the Village either continue to educate the residents of this existing
prohibition and enforce the existing Code as written or amend the Sign Ordinance to
lu
specifically address each of these signs within the public right-of-way. Staff strong.,
diescournes the latter given the liability created by permitting this type of signage or any
%.P
signage within the public right-of-way.
A recent trend in the real estate industry is to distribute and utilize illuminated real estate
signs for residential property. Staff feels that illuminated signage is obtrusive and not
appropriate for display on residential properties. Staff therefore recommends Section 7.301:
Rnghbted StgM,, , be amended to include Illuminated Signs in residential districts, other than
9
development identification signs permitted under this Code.
Michael E. Janonis
August 7, 1995
Page 3
q W
F1, �Jlllll
. ............ . .
Section 14.22081, and 14.307.1 states Commercial vehicles less than 8,000 lbs. are permitted
to be stored in a garage if used for a home occupation and that commercial vehicles greater
than 8,000 lbs. require a conditional use. Upon review of other local municipal ordinances,
staff has found that Mount Prospect's Codes are compatible and in some cases more
restrictive than other local community requirements for commercial vehicles located in
residential zo,mng diistn,cts. Given, that commercial vehicles, must, be stored within a garage,,
feels, that, our currentregulations are sufficient, in, protecting the appearance and use of
# I W neigh 49
the Village's reentisidv, borh oods. However, during recent court cases mvolving this
issue, it was determined that the Village's Zoning Ordinance needs to better define
commercial vehicles as related to this section of the Village Code. Staff recommends that
the Zoning Ordinance be amended as follows:
Section 14.307.L, Standards for Home Occupations
Existm*& - "Any contracting, service business truck, or other vehicle used primarily in
connection with a home occupation shall be permitted up to a licensed weight of eight
thousand (8,000) pounds, but shall be parked in a garage. No garage shall exceed the
accessory building standards of Section 14.306 of this Article. Trucks with a licensed
weight of more than eight thousand one (8,001) pounds are subject to a conditional use as
specified in each residential zoning classification,"
PrOD All vehicles utilized in conjunction with a home occupation shall comply with
the regulations stipulated in Section 14.2208. -.0
Section 14.2208., Parking of Commercial Vehicles in Residential Districts.
ExIistinew, - "Any contracting or service business truck, or commercial vehicle used as part
of a home occupation shall be permitted up to. a licensed weight of eight thousand (8,000)
pounds, but shall be parked in a garage. The parking of any commercial truck, vehicle or
commer, clial trailer with a licensed w , eight or gross weight in excess of eight thousand one
(8,000) pounds shall only be perrmfted,,m*, a, residential garage with a conditional useperim"t."
.1
1D0,&9A M Commercial vehicles having a gross weight when fully loaded less than 8,000
pounds and/or bearing a class designation of "A" or "B" under the provisions of the Illinois
Motor Vehicle Code shall be parked or stored within a garage on any property with a
residential zoning classification. The parking or storage of any vehicle having a gross
weight when fully loaded greater than 8,000 pounds and/or bearing a class definition other
than "B" under the provisions of the Illinois Motor Vehicle Law shall only be permitted in
a residential garage with a conditional use permit. Commercial vehicles may include, but
shall not necessarily be restricted to the following:
1. Any vehicle carrying work equipment such as ladders, hand and mechanical tools,
or machinery in the bed of, on top of, or any other place on the outside of the vehicle.
Michael E. Janonis
August
Page 4
2. Any van or truck used to store, carry or house tools, material parts or work related
equipment on a regular basis. For purposes of this section, "regular basis" shall
mean more than three (3) days out of any thirty (30) day period.
3. Any van or truck containing a name or logo of any business enterprise visible from
the outside of the vehicle.
4. Any vehicle used for public transportation purposes capable of carrying more than
seven (7) persons. This shall not apply to vehicles used as commuter vans as defined
by the Illinois Motor Vehicle Code.
5. Any commercial vehicle as defined by the Illinois Motor Vehicle Code.
rm, M1
a
Section 14.2209 ofthe ViJLage Zoning Ordinance currently prohibits the storing of recreation
vehicles on unimproved surfaces in residential districts. However, the Zoning Ordinance
does not specifically provide conditions for storing recreation vehicles in a manner which
would promote public safety, prevent long term storage or dictate specific location for the
storage ofthese vehicles. Staff therefore recommends that a specific section be added to the
general provisions of the Zoning Ordinance which addresses recreation vehicles. Staff
believes that this section should specifically provide regulations that address the following
issues:
I . Ile nm)dmum, number of recreation vehicles that would be permitted on a property;
2. The permitted location for storing recreation vehicles on property;
3. The allowable surface upon which the recreation vehicle can be stored;
4. The proluNtion of recreation vehicles from being utilized for storage or living space;
5. The prohibition of temporan*ly or permanently connecting a recreation vehicle to
water, electricity or gas.
Staff wifl bring photographs and supporting illustrations to the Committee -of -the -Whole
meeting.
Please forward this memorandum to the Millage Board for their review at the August 22nd
Committee -of -the -Whole
ff
meeting. Stawill be present to answer any questions.
I -slim' .M=4 u
Section 14.306. Accessory Structures
Section 14.306.B., Size of Accessory Structures
Section 7.30I.B. Signage. in Residential Districts (Rights -of -Way)
Section 14.2208 Parking of Commercial Vehicles in Residential Districts
Section 14.3071 Standards for Home Occupations
Section 14.2209 Recreational Vehicles Parked/Stored in Residential Districts
1 4.3M
X A.Y)5 7.0 N k ;� G
(2) Diih Antcnnas. Roof-mountcd dish antennas shall not project highcr
than 'the maximum height allowed for the building upon which they are
located.
b. Nonresidential Zoning Districts.
(1) Antenna Towers. Roof -mounted antenna towers shall not project more
than fifteen feet (15") above the maximum height of the primary or
accessory building upon which they are located.
(2) Dish Antennas. Roof -mounted dish antennas shall not project higher
than the maximum height allowed for the building upon which they are
located.
4. Diameter.
L Residential Zoning Districts. Roof -mounted dish antennas located on
residential buildings shall not exceed three feet (3') in diameter. Roof -mounted
dish antennas located on educational, religious, or Municipal buildings shall not
exceed ten feet (10') in diameter.
b. Nonresidential Zoning Districts. Roof -mounted dish antennas shall not
exceed Fifteen feet (15') in diameter.
re
5. Screening. All roof -mounted dish antennas larger than three feet (3') in
diameter must be fully screened from view from adjacent roadways and
properties (between grade level and 10' above gmde level) with materials which
are compatible with the building to which they are accessory. (Ord. 4590,
9-21-93)
P Sec. 14.306. Accessory Structurese
A. General Requirements. The following restrictions on accessory buildings,
struct:ures and uses apply to all :01IM2 districts.
%W
1. Time of Construction. No accessory building or structure shall be conitruct;rd
on any lot prior to the Ume, of construction of a principal building.
2. Yard Requirements. Nb accessory bufl&ng, struc:t:ure or use shall be'located in
a re"ired front yard, required side yard or exteidor side y unless otherwise
p Wed for in this Chapter.
rovi
3. Height Requirements. No detached garage shall exceed a maximum height of
twelve feet (12'). No other accessory bung/structure shall exceed ten feet (10')
in height.
4. Separation Between Buildings. A detached accessory building or structure shall
be located no closer to the principal building than three feet (T). Detached
595
Village of Mount Prospect
14,_300 Z N I IN
garages located between three feet (Y) and ten feet (10') from a principal
building shall be provided with a five-eighths inch (%") drywall Finish on the
interior walls and cciling. Decks attached to the principal building are permitted
to attach to a swimming pool if all required rear and side yard setbacks are met
and the deck is designed with a gate between the deck and pool, and access is
p "ded to the yard from the deck.
provided
. ......... B. Restrictions in Residential Districts.
Apr
1. Maximum Size. Pernuftted accessory buildings used, as detached private garages
4,
shall be no larger than, six, hundred (600) square feet, and designed to house no
more than two(2) motor vehicles. No accessory building used as a storage shed
shall be larger than one, hundred 'twenty (1 20) square feet,
W
2. Required Setbacks. On lots fifty five feet (55') in width or less, detached
accessory structures shall be set back three feet (Y) from any interior side or rear
lot line. On to greater n, width than fifty five feet (55), detached access,oty,
structures shall 'be set 'back five feet (5') from any interior side or, rear lot ],i'*ne,,
No accessory structure shall be placed on any dedicated easement.
C. Restrictions in Business and Industrial Districts.
1. Maximum Area. Detached accessory building(s) or structure(s) shall occupy no
more than thirty percent (30%) of the area of a required yard.
2. Yard Requirements. Accessory structures shall be set back six feet (6") from
any side or rear lot line. No accessory structure shall be placed on a dedicated
easement
D. Regulations for Specific Accessory Structures and Uses.
1. Garbage Dumpsters and Recycling Containers.
a. Required. All multi -family 'buildings utilizing centralized solid waste
services shall provide a garbage dumpster and recycling container area which
meets the nu*ru"mum standards which have been established by the Solid Waste
Coordinator.
b. Location. Outdoor designated garbage dumpsters and recycling containers
shall maintain the same setbacks as parking lots. Dumpsters and containers that
are located within covered parking areas shall be designed so that they do not
conflict with required parking spaces or access drives.
c. Screening. Such dumpsters and containers shall be screened on all sides
by a solid wood fence or equivalent screening material to a height not less than
six feet (6").
2. Accessory Commercial Uses Within Multi -Family Residences. Accessory
commercial uses including restaurants, drugstores, retail food shops, valet
595
Village of Mount Prospect
I
M
GE.NEIZAL PRWVISIONS
7-301.
Prohibited Signs
7-305.
Permitted On -Premises Signs
*_7
7.310.
Permitted Outdoor Advertising Sign;
7.3 15
Table of Sign Requirements
7.320.
Bonuses
7.316-5.
Special Signs
7-330.
Special Use
7.335.
Special Area of Control
Sec. 7,.301. Prohibited Signs. This Chapter shall be considered to be a positive docu-
ment, wherein signs not specifically permitted shall be prohibited.'
However, the following signs are specifically prohibited in the Village:
A. Traffic Hazard. Any sign which is determined by the Director and the Chief of
Police of the Village to constitute a traffic hazard by reason of size, location,,
10
content,, color or type of illumination.
B. Public Right of Way. Any sign which is located in or which extends over the
public right of way except as otherwise permitted under these regulations or
authorized by the Village Board.
C. Motion. Any sign which moves or assumes a nonstationary position by mechani-
cal means except as otherwise permitted under these regulations or authorized by
mp;
the Village Board, or under normal wind currents except flags, banners and
barber poles as regulated herein.
D. Portable. Portable signs as defined herein.
E. Painted Surfaces. Any sign painted directly on exterior building surfaces.
F. Light Poles. Signs on light poles of gas stations.
G. Roof Signs. Roof signs as defined in Section 7.801. (Ord. 4519, 1-19-193)
%.11
Sec. 7.305. Permitted On -Premises Signs. The following signs shall be permitted in
the Village as accessory structures,, subject to all applicable standards:
A. Freestanding Signs.
1. Number.
a. No more than one freestanding sign per street frontage per lot shall be
permitted with the fallowingexception: freestanding identification signs in lieu
%"-%
3kJ_1
Village cat* Mount Prospect
served is locatcd, such racilities shall be in the same possession as the zoning lot
occupied by the building or use to which parking facilities arc accessory. Such possession
may either be by deed or long-term lease, the term of such lease is subject to the
I*a1s unci with the Director of Community
approval or the Zonl'ng Board of Appe d filed
Development. Thc deed' for the off—sitc parking shall require such owner or heirs to
rAl 01
nm,nta,,jn the required number of parking, spaces for the duration of the use served or the
term of the lease, whichever shall terminate sooner. The Zoning Board of Appeals shall
have final authority for these lease or deed approvals. Also, leases, for off-site narking
000,"the 'the
should be limited to no more than one thousand feet (1,) of use serviced In
Central Business District, and no more than five hundred feet (500') from the use served
outside the Central Business District. (Ord. 4590, 9-21-93)
# 0,
Sec� 14-2,207. Parking Area Design. It shall be the responsibillty of the Commur"ity
Devellopment Director to review plans for all parking lots to ensure
comphance with theparking, s,ection, of these regulations and his approval must be
obtained before, building aut iss' uance. The an=, gemmest, , character, extent, width, grade,
,per
and. location of all parking amas shall be, considered 'in relation to existing and plianned
savets, to, reasonable, ciWation to, waffic withw"' and adjacent to pazidng areas, to,
separation of parking, loading, and iv up stacking, to topographical conditions, to
runoff of storm water, public convenience and safety, and in their appropriate relations to
the proposed uses of the area to be served. All traffic intersections and confluences must
encourage safe and efficient traffic flow. Any such submission must comply with the
requirem, ents, of this Chapter an, di the Development �Code. Parking lots and accesses sha,11
be designed, so as to discourage use of same as short-cuts and/or bypasses when located
between major arterial roadways. (Ord. 4590, 9-21-93)
Sec. 14.2208. Parking of Commercial Vehicles in Residential Districts, Any
"77F0,
contracting,, or service business, truck or co i, vehicle used as part
of a home occupation shall be, perrnitted up to a licensed weight of efigwht thousand
d'
(8,000) pounds, but shall, 'be, parked Im a garage. The parking of any commercial truck,
vehicle or commercial trailer with a licensed weight or gross weight in excess of eight
thousand one (8,001) pounds shall only be pe in a residential garage with a
conditional use permit~ (Ord. 4590, 9-21-93)
Sec. 14.2209. Residential Districts; Permitted Parking. Recreational vehicles and
11
equipment as defined herein, automobiles, personal use trucks and vans
shall be permitted to park upon an approved driveway, parking pad or apron constructed
to the required standards of the Development Code. (Ord. 4590, 9-21-93)
Sec. 14.2210. Repair and Service. No motor vehicle repair work of a commercial
nature shall be permitted in conjunction with off-street parking facilities
provided. (Ord. 4590, 9-21-93)
595
Village of Mount Prospect
/ l 1 ''� i '0
C. Storage t)r irtvenwry maintaincd at a re Sidence III coniulictwll Willi I 1101111
mcupatimi shall not exceed one hundred ( 100) cubic rect. 'rhe purp)sc of this
standard is tcs limit any storage to an amt)unt that could readily hc stored in a
closet.
D. There shall be no noise, odor, dust. vibrauo I ri, smoke glare, television or radio
intcrfcrencc, elcctrical interfercricc, fire hazard or any other hazard emanating
from the dwelling. No home occupation shall involvC' the use or production of
noxious, toxic or harmful matedals. The purpose of this standard is to ensure that
a home occupation has no adverse environmental impact on adjoining properties.
E. No person shall be employed other than a member of the immediate fan -lily
residing in the dwelling unit, and no employees other than pers-Q.ns residing on
the prerriises shall report to work at or near the premises. The purpose of this
standard "is to ensure that no nonresident comes to a dwelling for employment
purposes, and to minimize the traffic generated by a home occupation.
F. No home occupation shall generate customer, client or group visits of a greater
frequency than what would be expected in a residential area where no home
occupation exists. Any need for parking generated by a home occupation shall be
provided on-site and shall not exceed the required parking for a dwelling unit.
The purpose of this standard is to limit the frequency of customer or client visits
to an amount that is not disruptive to a neighborhood and eliminate congestion on
public streets.
G. The home occupation shall not utze more than twenty five percent (25%) of the
gross floor area of the dwelling unit. The purpose of this standard is to assure
that the home occupation remains icidenW to the residential use of the structu:re.
H. No outside storage of any kind related to a home occupation shall be penmitted.
1. Any contracting, service business truck, or other vehicle used primarily in
connection with a home occupation shall be permitted up to a licensed weight of
eight thousand (8,000) pounds, but shall be parked in a garage. No garage shall
exceed the accessory building standards of Section 14.306 of this Article. Trucks
with a licensed weight of- more than eight thousand one. (8,001) pounds are
subject to a conditional use as specified in each residential zoning class ification.
a
No contracting or service equipment or materials shall be stored on the premises,
except in a permitted truck used for transporting equipment or maten*a
dls between
jobs. No loading or unloaing of equipment or materials shall be done on the
premises. No trailer used for commercial contracting or service uses shall be
permitted for equipment storage in a residential area, and shall not be parked on
the premises.
K. Pfivate instruction as a home occupation is permitted but is limited to no more
than three (3) pupils at a time. (Ord. 4590, 9-21-93)
595
Village of Wount Prospect