HomeMy WebLinkAboutOrd 5639 07/17/2007
ORDINANCE NO. 5639
AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF
THE VILLAGE CODE OF MOUNT PROSPECT
Passed and approved by
the President and Board of Trustees
the 17TH day of July, 2007
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the 18th day of July, 2007
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7/12/07
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7/10/07
ORDINANCE NO. 5639
AN ORDINANCE AMENDING CHAPTER 14 (ZONING)
OF THE VILLAGE CODE OF MOUNT PROSPECT
WHEREAS, the Petitioner (the President of the Village of Mount Prospect) has filed an application for certain
text amendments to Articles II and III of Chapter 14 (Zoning), of the Village Code of Mount Prospect to
amend various regulations; and
WHEREAS, the Petitioner seeks amendments to the following sections of the Village Code:
Section 14.202 ADMINISTRATIVE BODIES AND SPECIFIC DUTIES
Section 14.202 DIRECTOR OF COMMUNITY DEVELOPMENT
Section 14.203 PROCEDURES FOR ADMINISTRATIVE FUNCTIONS
and;
WHEREAS, the Petitioner seeks to amend Article III by creating a new Section14.316 entitled
"Unenclosed Porches in the Required Front Yard Setback"; and
WHEREAS, a Public Hearing was held on the proposed amendments, being the subject of PZ-24-07, before
the Planning and Zoning Board Commission on June 28, 2007, pursuant to due and proper legal notice
having been published in the Mount Prospect Journal & Topics on the 13th day of June, 2007; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the
President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of
the Village have considered the requests being the subject of PZ-24-07.
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT
PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS:
SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of
Trustees of the Village of Mount Prospect.
SECTION TWO: Section 14.202.B, entitled "Administrative Bodies and Specific Duties" of Chapter 14, as
amended, is hereby further amended by deleting Subsection 14.202.B.1 in its entirety.
SECTION THREE: Section 14.202.C, entitled "Administrative Bodies and Specific Duties" of Chapter 14
as amended, is hereby further amended by inserting a new Section 14202.C.10 which shall read as
follows:
"10. Conduct Administrative hearings to allow an unenclosed front porch to encroach
five (5) feet into the required front yard setback."
SECTION FOUR: Section 14.203.F.2, entitled "Procedures for Administrative Functions" of Chapter 14, as
amended, is hereby deleted and replaced by a new Subsection 14.203.F.2, which shall read as follows:
"2. Authority: Except as otherwise provided in Section 14.316, the Planning and Zoning
Commission shall convene a public hearing on a conditional use application. The
Planning and Zoning Commission shall prepare findings of fact based on evidence
presented addressing required standards, and submit a recommendation on an
application to the Village Board for their review and final decision."
Ch. 14, Text Amendment - Zoning
Page 2/4
SECTION FIVE: Article III, entitled "General Provisions" of Chapter 14, as amended is hereby further
amended by inserting a new Subsection 14.316 which shall read as follows:
"14.316: "UNENCLOSED PORCHES IN THE REQUIRED FRONT YARD SETBACK
A. Action By Director Of Community Development: The Director of Community Development shall
hear and decide as final administrative authority, petitions for unenclosed porches in the required
front yard setback. Petitions which require review by the Planning and Zoning Commission for
additional relief shall be decided by the Planning and Zoning Commission.
B. Petitions: With respect to petitions for unenclosed porches in the required front yard setback, the
Director of Community Development shall make findings of fact based on the petition and public
input according to the following standards:
1. Whether a site line obstruction will be created.
2. Whether materials used in construction of the porch will be consistent with the remainder of
the structure.
3. Whether the design blends with the existing structure and neighboring homes.
4. Whether the proposed porch is in character with the neighborhood.
C. Filing Of Applications: An application for an unenclosed front porch in the required front yard
setback shall be filed with the Director of Community Development on forms obtained from the
Community Development Department. Such form shall include all information necessary for
processing the request, including, but not limited to, legal description of subject property, survey,
site plan, description of building materials, appropriate proof of ownership or other authority to file
the application. The application shall be filed with the appropriate fee as forth in Appendix A,
Division II.
D. Hearings: Administrative hearings shall be held only for unenclosed porches in the required front
yard setback and must be in compliance with the provisions of this section.
1. Upon receipt of an application for unenclosed porches in the required front yard setback, the
Director of Community Development shall review the application for completeness and assign
a case number to the request.
2. For all applications for an unenclosed porch in the required front yard setback, the applicant
shall provide to the department of community development a list of all owners of record of
property lying within one hundred feet (100'), of the subject property. The applicant shall attest
in writing that the list of property owners is true and accurate. The Director of Community
Development shall cause a copy of the public notice to be mailed to all property owners on the
list no more than thirty (30) days nor less than seven (7) days prior to the hearing.
3. An administrative notice shall contain the case number assigned to the application, the
address of the property, a brief statement on the nature of the request, the name and address
of the property owner, the petitioner and their legal representative, and the date, time and
location of the administrative hearing.
4. For all applications for unenclosed porches in the required front yard setback, the Director of
Community Development shall also cause one or more signs to be posted on the subject
property.
Ch. 14, Text Amendment - Zoning
Page 3/4
5. The number and location of signs shall be determined by the Director of Community
Development.
6. The sign must be a minimum of thirty inches by thirty inches (30" x 30") in size, having letters
a minimum of two inches (2") high, and contain the following information:
a. That an administrative hearing that affects the subject property will be held, with direction
to interested members of the general public to call the Community Development
Department for further information concerning date, time and place and subject matter of
said administrative hearing.
b. Any interested person may appear and be heard at the hearing and such appearance
may be made in person, by agent (if a corporation), or in writing.
E. Standards: No front porch in the required front yard shall be approved by the Director of
Community Development unless it is found:
1. That the establishment, maintenance, or operation of the conditional use will not be
detrimental to, or endanger the public health, safety, morals, comfort, or general welfare;
2. That the conditional use will not be injurious to the uses and enjoyment of other property in
the immediate vicinity for the purposes already permitted, nor substantially diminish and
impair property values within the neighborhood in which it is to be located;
3. That the establishment of the conditional use will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the district;
4. That the porch as designed is unenclosed and does not encroach more than five (5) feet into
the required front yard;
5. That no site line obstruction will be created;
6. That building materials will be consistent with the remainder of the structure;
7. That the design blends with the existing structure and neighboring homes; and,
8. That the proposed porch is in character with the neighborhood.
F. Appeal Of Director Of Community Development Decision: Any individual may file an appeal of
the decision of the Director of Community Development regarding an administrative conditional use
with the planning and zoning commission. Such appeal shall be filed with the Director of
Community Development within five (5) calendar days of the director's decision.
G. Conditions And Guarantees: In all cases where an administrative conditional use is granted, and
conditions regulating the use are established as described in subsection E of this section the
Director of Community Development shall require such evidence and guarantees as it may deem
necessary as proof that the conditional use complies with all regulating conditions.
H. Conditional Use Revocation:
1. In any case where the construction of an approved front porch encroaching into the required
front yard setback is not substantially underway, or building commenced within one year from
the date of approval, and completed within eighteen (18) months, then, without further action
by the village board, the conditional use or authorization shall be null and void.
Ch. 14, Text Amendment - Zoning
Page 4/4
2. This Conditional use may be revoked by the Director of Community Development if the porch
constructed on the site does not conform to the established conditions for approval. Any
decisions by the Director of Community Development may be appealed to the Planning and
Zoning Commission as prescribed in Section 14.202.B.3.
SECTION SIX: The Village Clerk is hereby authorized and directed to record a certified copy of this
Ordinance with the Recorder of Deeds of Cook County.
SECTION SEVEN: This Ordinance shall be in full force and effect from and after its passage, approval and
publication in pamphlet form in the manner provided by law.
AYES:
Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel
NAYS:
None
ABSENT:
None
PASSED and APPROVED this 1 ih day of July, 2007.
I~ J:j/~
Mayor
ATTEST:
Fi'
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M. Lisa~ngell '
Village Clerk
H:\CLKO\files\WIN\ORDINANC\T ext Amend Ch 14zoningpz-24-07unenclosedporches.doc