HomeMy WebLinkAboutOrd 4683 12/06/1994 ORDINANCE NO. 4683
AN ORDINANCE AMENDING CHAPTER 14 (ZONING)
OF THE VILLAGE CODE OF MOUNT PROSPECT
Passed and approved by
the President and Board of Trustees
the 6th day of. December ,1994
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
6th day of December, 1994.
BH/caf
ORDINANCE NO. 4683
AN ORDINANCE AMENDING CHAPTER 14 (ZONING)
OF THE VILLAGE CODE OF MOUNT PROSPECT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Article III entitled "General Provisions" of Chapter 14 (Zoning)
of the Village Code of Mount Prospect, as amended, is hereby further amended by
adding thereto Section 14.312 entitled "Elimination of Unpermitted Second
Housekeeping Units"; so that hereinafter after said Article III of Chapter 14 shall
include Section 14.312 which Section 14.312 shall be and read as follows:
" Sec. 14.312. Elimination of Unpermitted Second Housekeeping Units.
A. Prohibited Acts.
No person shall:
1. Enter into any lease or rental agreement of any kind or nature or
otherwise maintain or permit for living purposes the use of an
unpermitted second housekeeping unit that was not already in
existence on December 6, 1994 and under lease or rental at some
point in the six months prior to that date.
2. Establish, install or construct an unpermitted second
housekeeping unit within the corporate boundaries of the Village
of Mount Prospect after December 6, 1994.
3. Subsequent to January 1, 2000, enter into any lease or rental
agreement of any kind or otherwise maintain or permit the use, for
living purposes, of an unpermitted second housekeeping unit that
was established after May 2, 1944.
4. Establish a second utility hookup or separate utility meter of any
kind for any unpermitted second housekeeping unit after
December 6, 1994.
5. Rent or lease, with or without a written agreement, for any period
of time whatsoever between December 6, 1994 and January 1,
2000, an unpermitted second housekeeping unit in the Village of
Mount Prospect without registering with the Village as set forth in
paragraph C of this Section 14.312.
B. Time Periods; Amortization Period.
Any unpermitted second housekeeping unit established subsequent to
December 6, 1994 shall be illegal, and subject to abatement and other
penalties. Any unpermitted second housekeeping unit in existence on
December 6, 1994 may continue in existence until January 1, 2000, in
strict accordance with the terms of Section 14.312. As of January 1,
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2000, all such units, regardless of when established, shall become illegal
and subject to abatement and other penalties. The period of time
between December 6, 1994 and January 1, 2000, shall be known as the
"amortization period".
C. Registration.
Each and every unpermitted second housekeeping unit in the Village of
Mount Prospect during the amortization period shall be registered with
the Village Clerk no later than December 31, 1995 on a form available
from the Village Clerk. This registration shall state the name and
address of the legal and beneficial owner(s) and the address of the
premises.
D. Relief from Amortization Period.
If an owner of a home containing an unpermitted second housekeeping
unit has within the ten (10) years immediately prior to the adoption of this
Section 14.312, expended monies specifically in the repair or remodeling
of the unit, that owner may apply to the Village Manager for relief from
the five (5) year amortization period. If the owner is able to prove by
clear and convincing evidence, to the satisfaction of the Village Manager,
that (1) the owner has expended the monies during the past ten (10)
years immediately preceding the adoption of this Section 14.312; and (2)
the potential revenues from the rent or lease of that unit have not been
sufficient to recover the actual expenditures, then the Village Manager
may extend the amortization period for that premises, in one (1) year
increments not to exceed an additional five (5) years, so that the owner
may recover such expenditures. For purposes of this Section 14.312,
potential revenue is not the equivalent of actual receipts but shall be
computed according to the following formula:
Number of months transpired since expenditure.
x The average monthly rental charge for the premises since the
expenditure.
= Potential revenue.
E. Exceptions.
This Section 14.312 shall not be applicable to the following:
1. Group Community Residence as defined in Section 14.2401 of
this Chapter.
2. Family Community Residence as defined in Section 14.2401 of
this Chapter.
3. Housing provided for religious institutions maintaining a house of
worship in Mount Prospect when the housing is for its ministry,
outreach or program personnel, provided that such housing is not
otherwise prohibited by Mount Prospect regulations or laws.
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4. Residences constructed and/or modified as residential two fiat or
two apartment buildings prior to May 2, 1944, which have not
been converted to a single dwelling unit residence.
5. Any residence which has been officially sanctioned by the Village
as a two fiat whether by variation, special use or other official
legislative action of the President and Board of Trustees.
6. Otherwise permitted sleeping rooms or separate living quarters
without second kitchen units.
7. Those units which have free and unlimited physical access to the
rest of the dwelling unit.
If there is an issue as to whether the residence was built as a two fiat
prior to May 2, 1944, or as to whether the Village has officially
sanctioned the two fiat, then the burden of proof, by clear and convincing
evidence, shall be on the owner.
F. Realtors and Brokers
It shall be unlawful for any real estate broker, or agent or any other
person, to advertise, state or otherwise hold out to the public or any
potential buyer that a residence may be used in any manner contrary to
Section 14.312.
G. Probable Cause to Inspect.
A sworn complaint from a Mount Prospect resident that an unpermitted
second housekeeping unit is in existence within the Village in conjunction
with any other single indication of the existence of such a unit shall
constitute probable cause to permit a Village official to obtain an
administrative warrant to enter the premises as to which the complaint
was filed to determine the actual existence of such a unit. Other
indications of such a unit shall include, but not be limited to, vehicles at
the residence registered to different parties, separate trash pickup,
separate utility meters, prior knowledge of a Village official of such a unit
or additional reports by other Village residents. The foregoing shall not
be the exclusive method of establishing probable cause to inspect.
H. Irrebuttable Presumption
The following shall raise an irrebuttable presumption that there is not
compliance with the requirement of "Free and Unlimited Physical Access:
a. The existence of a lock or locks (whether used or not) on the only
door or on all doors between an otherwise unpermitted second
housekeeping unit and the remainder of the home.
b. Door hinges installed or maintained (whether a door is used or
not) in the only passageway or on all passageways between the
otherwise unpermitted second housekeeping unit and the rest of
the home.
Second Housekeeping
Page 4 of 5
I. Application of Definition of Family.
Nothing is this Section 14.312 shall be construed as permitting more
than one family dwelling unit, as defined in this Chapter 14, to occupy a
dwelling unit.
J. Penalty; Persons Subject to Penalty.
Persons violating any portion of this Section 14.312 shall be subject to a
minimum mandatory penalty of One Hundred Dollars ($100.00). Each
day that the violation continues shall be considered a separate violation.
However, any violation of subsection A(5) shall subject the violator to a
mandatory fine of One Thousand Dollars ($1,000.00). Any legal or
beneficial owner and any tenant or lessee shall be jointly and severally
liable for any such violation."
SECTION THREE: That Article XXIV entitled "Definitions" of Chapter 14 (Zoning) of
the Village Code of Mount Prospect, as amended, is hereby further amended to add in
proper alphabetical sequence the following definitions; so that hereinafter said Section
14.2401 shall include:
"FREE AND UNLIMITED The existence of at least one unobstructed
PHYSICAL ACCESS passageway from the second housekeeping unit to
the entire remainder of the dwelling unit. To conform
to this definition, the passageway may have a door,
but the door shall not have any locking mechanism
of any kind whether the lock is used or not. The
passageway shall clearly permit all persons on the
premises to have access to the entirety of the
premises. A lock on a separate
bedroom door within the second housekeeping unit
shall be permitted pursuant to this definition.
KITCHEN UNIT Any living area which contains:
1. a cooking surface;
2. a refrigeration unit; and
3. hot and cold running water in an area not
used as a bathroom.
UNPERMITTED SECOND Any living quarters, located in a single family
HOUSEKEEPING UNIT residential zoning district that:
1. is within the walls of another dwelling unit or
physically connected to a detached single
family home; and
2. contains its own kitchen unit that is in addition
to the main kitchen unit in the residence; and
3. does not have free and unlimited physical
access to the remainder of the dwelling unit.
SECTION FOUR: That this Ordinance shall be in full force and effective from and
econd Housekeeping
Page 5 of 5
after its passage, approval and publication in pamphlet form in the manner provided
by law.
AYES: Corcoran, Hoefert, Skowron, Farley
NAYS: Clowes, Hendricks, Wilks
ABSENT: None
PASSED and APPROVED this 6th day of December, 1994.
Gerald L. Farley
Village President
ATTEST:
Carol A. Fields
Village Clerk