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HomeMy WebLinkAbout8.1 1st reading of an ORDINANCE AMENDING CHAPTER 14 "ZONING" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS.Mr�GauC �'d'+rt;�iect Item Cover Page readingSubject Ist of ORDINANCE AMENDING CHAPTER 4 • OF •! OF MOUNTPROSPECT,• Meeting October 5, 2021 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - Fiscal Impact false Dollar Amount Budget Source Category NEW BUSINESS Type Action Item To reflect the goals and objectives of the Village of Mount Prospect, staff periodically reviews the existing Zoning Ordinance to determine if text amendments are warranted. Any proposed text amendments are intended to ensure that a minimum standard to protect the public health, safety and welfare is met while creating an up-to-date, consistent and flexible zoning code that meets the changing needs of the community. Staff is therefore recommending the following text amendments to the Zoning Ordinance of the Village Code: 1. Amend the Village Code to allow residential setback reductions in all yards as conditional uses in the R -X, R-1 and R -A single-family zoning districts. o Currently, the code requires residential setback reductions meet the standards for a variation, resulting in numerous staff recommendations to deny the setback reduction - even for instances where neighbors are in support, or the encroachment is minor. In most cases, the variation is approved; see attached Administrative Content memo for more details on recent application history. To better support the Village's goals of adding value to our existing housing stock, and to not impede a resident's desire to upgrade their homes, staff is recommending setback reductions be evaluated under the standards of a Conditional Use. These standards are also referenced in the attached memo. In summary, all setback reductions, in order to receive a positive staff recommendation, 1 must not be detrimental to health, safety, morals, comfort or general welfare; will not be injurious to the uses and enjoyment of other property in the immediate vicinity nor diminish property values; adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; among others. The proposed text amendment would also require that the Planning and Zoning Commission make recommendations to the Village Board if the request exceeds twenty-five percent (25%) of the setback requirement. This is the same procedure that is followed under the current variation procedure. 2. Add window wells to the list of permitted obstructions, meaning they would be allowed to encroach into a side yard provided they would not encroach not more than 3', no closer than 12" to a lot line, subject to approval of the grading plan by the engineering department. 3. Exclude swimming pools from the lot coverage calculation. o Engineering staff had previously indicated that this standard six-inch (6") freeboard space (from the pool's surface to the top finished edge) provides more than enough space to accommodate a major storm event. Additionally, because the vast majority of pool covers are not rigid in nature, they do not have concerns about pool covers causing additional runoff or flooding. Therefore, Staff was comfortable no longer counting the surface area of a pool towards lot coverage, enabling more property owners to locate pools on their property. The pool's structure and any surrounding flatwork would still count towards lot coverage. 4. Delete inconsistencies related to unenclosed porches; and 5. Define and add data centers as a permitted use in the I-1 zoning district and specifying the associated parking requirement for data centers. o The Village currently has several existing data centers in town that, for parking requirement calculation purposes, have largely been classified as "manufacturing, research and development, utility" with single -digit employee counts. As these facilities have already existed for years in the Village with limited impact on the surrounding areas, Staff recommends modifying the Land Use Table 2 under Section 14.604 to add "data centers" as a new permitted use in the 1-1 zoning district. Staff also recommends adding "data centers" in the off street parking requirements section of the Zoning Ordinance, discussed in more detail under Article XXII, Section 14.2207: Off Street Parking, to be more reflective of actual parking demand for these facilities. 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 2 code. Text amendments for Chapter 14 of the Village Code must undergo a public hearing process with notice published in a local paper; the Planning and Zoning Commission held the public hearing for this item at their meeting on September 9, 2021. The Commission voted 7-0 to recommend approval of the amendments. There was no public comment on this matter. Alternatives 1. Approve the text amendments as outlined in the attached documents for case PZ -13-21 which should perform certain amendments to the text of the Village's zoning regulations. 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommends that the Village Board approve an Ordinance amending Chapter 14 of the Village Code. ATTACHMENTS: Administrative Content.pdf 2021 Code Changes - Redline.pdf 2021 Code Changes - Final.pdf PZ -13-21 50 S. Emerson Street (Minutes).pdf Village_of Mt_Prospect_Ordinance_for_Village_Code_Chapter_14_Amendments.pdf KI VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056�p�r STAFF REPORT FROM THE DEPARTMENT........w_........... .......... __..._...... ............... ..�._. w........__._......_..... ...... ,< OF __....... ._.......... ....................Commu..._n_...i.t..�y D,e.velopm.,,....e....n_.t ....... ...._ . ...... William J. ._....._ Cooney, AICP Ann Choi Director of Community Development Development Planner DATE: September 2, 2021 CASE NUMBER APPLICANT/PROPERTY OWNER PZ -13-21 Village of Mount Prospect PUBLIC HEARING DATE September 9, 2021 BRIEF SUMMARY OF REQUEST PROPERTY ADDRESS/LOCATION 50 South Emerson Street To allow for a more flexible, uniform and consistent zoning code, the Community Development Department is recommending the following text amendments to the Zoning Ordinance of the Village Code to: amend the Village Code to allow residential setback reductions in all yards as conditional uses in the R -X, R-1 and R -A single-family zoning districts, add window wells to the list of permitted obstructions, exclude swimming pools from the lot coverage calculation, delete inconsistencies related to unenclosed porches, and define and add data centers as a permitted use in the 1-1 zoning district and specifying the associated parking requirement for data centers. The proposed text amendments will eliminate inconsistencies and make changes in Chapter 14 of the Village of Mount Prospect Village Code. PROPOSAL STAFF RECOMMENDATION APPROVE WITH CONDITIONS DENY To reflect the goals and objectives of the Village of Mount Prospect ("Village"), planning staff ("Staff") periodically reviews the existing Zoning Ordinance to determine if text amendments are warranted. Any proposed text amendments are intended to ensure that a minimum standard to protect the public health, safety and welfare is met while creating an up-to-date, consistent and flexible zoning code that meets the changing needs of the community. Staff is therefore recommending the following text amendments to the Zoning Ordinance of the Village Code: Article ll, Section 14.202.C.10: Director of Community Development The review of unenclosed porches currently takes place as part of the building permit process instead of requiring administrative conditional use approval. Thus, Section 14.202.0 of the Zoning Ordinance should be amended to remove the requirement that the Director of Community Development conduct administrative hearings to allow an unenclosed porch to encroach five feet (5') into the required front yard setback. With the elimination of Section 14.202.C.10, C.11 would be renumbered as C.10. Article 11, Section 14.203.F: Conditional Uses The proposed text amendment has been initiated due to the number of applications received by the Village requesting zoning relief from the setback regulations in single-family residential zoning districts. In response 4 to these applications, Staff has been asked by Village administration to look into developing a more permissive process than the variation procedure currently in place. The Village currently requires applicants to apply for a variation when requesting a deviation from the Zoning Ordinance. Variations are granted or recommended for approval only where the Planning and Zoning Commission makes findings of fact in accordance with the following standards set forth under Section 14.203.C.9: Seven 7 Standards for a Variation a. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations was to be applied; b. The conditions upon which an application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning classification; c. The purpose of the variation is not based primarily upon a desire to increase financial gain; d. The alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property; e. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; f. The granting of the variation will not alter the essential character of the neighborhood; and g. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. Granting a variation is based on a practical difficulty or a particular physical hardship that is directly related to the property and not based on an inconvenience created by the property owner; however, these findings are usually difficult to make since in the majority of these cases, the hardship was created by the property owner. Typical petitions for variations involve property owners who request a reduced setback to accommodate an addition to their residence or to expand their existing one -car garage into a two -car garage. Staff looked into the Village's history of introducing relief mechanisms or easing regulations related to nonconformities and setbacks. In 2020, under Zoning Case No. PZ -14-20, the Village had previously approved a series of text amendments including adding the expansion of a one -car attached garage to a two -car attached garage in the required interior side yard setback as a conditional use in the R -X, R-1, R -A, R-2 and R-3 zoning districts. As a conditional use, rather than as a variation, each expansion into the required interior side yard setback would be reviewed on its own merit to ensure there was no impact to surrounding properties. The proposed text amendments also included expanding upon the Village's regulations involving nonconforming buildings and structures. On lots that are fifty-five feet (55') or less in width, the Village allows a nonconforming building or structure to be extended within the established rear or interior side yard, provided that the nonconformity is no more than 50% of the required setback. In 2020 under Ordinance No. 6528, the Village approved a text amendment that allows all existing nonconforming residential single family encroachments to be extended, but not increased, in the front yard, without requiring property owners to apply for a variation. Staff also reviewed the zoning ordinances of certain other communities in Cook County to determine if other villages or cities had a less prohibitive approach related to setback reductions. Though very rarely El 5 used, the Village of Morton Grove has an administrative exception process that allows for a reduction in any required district dimensional standard (bulk regulations) of no more than 10%. Another section of their zoning ordinance relates to nonconforming single-family and two-family dwellings and does not require any administrative or other approval (except zoning approval with building permit review). This allows the extension of walls for nonconforming single-family and two-family dwellings for an addition to go up or extend horizontally along the same foundation line without having to seek a variation/administrative exception, as long as it is not more than 20% of the district's requirement. The Village of Palatine lists residential setback reductions with no setback limit for principal structures in their single-family residential zoning districts as a special use. If the proposed encroachment does not exceed the setback requirement by more than ten percent (10%), the requested special use can be approved administratively. The administrative special use process requires petitioners to obtain signatures from all neighbors, abutting and across the street from the subject property, in support of the reduced setback. The Village is required to send out legal notices to properties within a 250 -foot radius of the subject property. If no objections are received by the Village within 10 days, the petition is placed on the consent agenda at the next available Village Council meeting for approval. Only homes that have been constructed and have received a final Certificate of Occupancy after January 1, 2017 are eligible to apply for administrative special uses in the Village of Palatine. Though varying in degree, other communities such as Des Plaines, Evanston, Niles, Park Ridge, Schaumburg, Wheeling and Wilmette also appear to provide an administrative approval process for variations. Based on Table 1, Staff has summarized that within the past five (5) years, the Village of Mount Prospect's Planning and Zoning Commission has heard ten (10) different requests related to residential setback reductions in the R -A and R-1 zoning districts. Seven (7) of those ten (10) requests were approved. Three (3) were approved at the Planning and Zoning Commission level and four (4) were approved at the Village Board level. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3 1J Table 1: Approved Setback Reductions in the Last 5 Years 919 Towner Ln Front yard setback P&Z Deny Approved - (R-1) reduction from 30' to 25'-2" (16.1%) 908 Golfview Exterior side yard setback VB Approve Approve Approved PI reduction from 20' to 10' (R-1) (50%) 600 Go Wando Rear yard setback P&Z Approve Approved - Av reduction from 25' to (R -A) 20'-8" (17.3%) 1200 Prairie Av Front yard setback VB Approve Approve Approved (R-1) reduction from 30' to 25' (16.7%) 1403 Park Dr Front yard setback VB Deny Deny Denied (R-1) reduction from 30' to 10' (66.7%) 1400 W. Rear yard setback P&Z Deny (case withdrawn) Willow Ln reduction from 25' to (R-1) 18.8' (24.8%) 108 S. George Side yard setback VB Deny Approve Approved St reduction from 5' to 2.5' (R -A) (50%) 215 Can Dota Side yard setback VB Deny Approve Approved Av reduction from 7.5' to 2.5' (R-1) (66.7%) .' 209 S. I Oka Av Side yard setback VB Deny Deny (case (R -A) reduction from 5' to 1.31' withdrawn) (73.8%) 603 Go Wando Rear yard setback P&Z Approve Approved - �; Av reduction from 25' to (R -A) 19.25' (23%) Based on the Village of Mount Prospect's past history of approving variations for reduced residential setbacks, and the fact that other communities have an alternative approval process in place, Staff recommends that residential setback reductions be permitted as a conditional use, rather than processed through a variation, for certain single-family residential zoning districts as the findings in response to the standards for a conditional use are easier to attain. Staff recommends the conditional use process rather than an administrative approval process and believes the requirement of a conditional use to be the most appropriate process for consideration. This process will require notification of surrounding property owners and a public hearing before the Planning and Zoning Commission. The Planning and Zoning Commission would have the ability to recommend or require conditions to the proposed request before forwarding its recommendation to the Village Board for final approval. In general, the intent of the conditional use process is to provide a transparent, public review process for uses that because of their widely varying design and operational characteristics, require case-by-case review in order to determine whether they will be 4 7 compatible with surrounding uses and development patterns. The procedure for requesting a conditional use for residential setback reductions in the R -X, R-1 and R -A zoning districts would follow the procedure for requesting a variation, with the only exception of the standards. The standards for a conditional use can be found under Section 14.203.F and are listed below: Seven i Standards for a Conditional Use a. 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; b. 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; c. 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; d. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; e. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; f. That the proposed conditional use is not contrary to the objectives of the current comprehensive plan for the village; and g. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the planning and zoning commission. The proposed text amendment would give final administrative authority to the Planning and Zoning Commission for all petitions related to conditional uses for residential setback reductions in the single- family residential zoning districts as long as these requests do not exceed twenty-five percent (25%) of the setback requirement. The proposed text amendment would also require that the Planning and Zoning Commission make recommendations to the Village Board if the request exceeds twenty-five percent (25%) of the setback requirement. This is the same procedure that is followed under the variation procedure. It should be noted that the building department has brought to light the building code impacts that are created by reducing side yard setbacks below 5 feet. If the proposed text amendment is approved, applicants will need to meet these additional code requirements under the conditional use approval. The following is a breakdown of some of the impacts according to the currently adopted 2015 International Residential Code if setbacks are reduced below 5 feet: • All walls within that setback will be required to be 1 hour rated construction to the roof deck. This impacts the materials they can be built with, the ability to provide airflow to the attics from soffits, and the overall cost of construction. • Projections (soffit, fascia, design elements) in the 2 to 5 feet setback area are also required to be 1 hour rated. No projections are allowed closer than 2 feet to a property line. Openings (windows and doors) in the walls are limited to 25% of the wall area if the wall falls between 3 and 5 feet from the property line. if the wall is under 3 feet, no openings are allowed at all. Staff therefore recommends that the language in the proposed amendments clearly explain any zoning relief that is granted to allow less than a 5 foot setback will trigger additional building code related issues as 5 C3 described above. These are not only cost related issues but can be significant design and appearance limitations affecting the overall character of the structure. Staff would like applicants to be aware of potential additional building code requirements well in advance of applicants making a significant investment on consultants. After reviewing various other communities' codes and based on the Village's previously approved requests, Staff believes it is appropriate to add residential setback reductions in all yards as new conditional uses in the R -X, R-1 and R -A single-family zoning districts, and to give the Planning and Zoning Commission final authority on requests that do not exceed more than twenty-five percent (25%) of the requirement. Section 14.203.F.6 should be amended to add this new provision. Article lll, Section 14.306: Accessory Structures, Subsection B.3: Lot Coverage The Planning and Zoning Commission held a public hearing on August 13, 2020 for Zoning Case No. PZ -14-20 to hear Staff's recommendations on a proposed text amendment to eliminate the horizontal area taken up by a swimming pool to count towards lot coverage. As previously explained in the staff report for August 13, 2020, engineering staff believed it was no longer necessary to count pools towards lot coverage due to the 'freeboard' or overflow nature of their construction. In freeboard pool construction, the upper perimeter of the pool is finished with an edging tile or coping stone, with the water level usually around six inches (6") below the pool surround. The distance between the operating water level and its surrounding deck area is referred to as the "freeboard" and it is here that its name derives. Engineering staff had previously indicated that this standard six-inch (6") freeboard space provides more than enough space to accommodate a major storm event. Additionally, because the vast majority of pool covers are not rigid in nature, they do not have concerns about pool covers causing additional runoff or flooding. Therefore, Staff was comfortable no longer counting the surface area of a pool towards lot coverage, enabling more property owners to locate pools on their property. The pool's structure and any surrounding flatwork would still count towards lot coverage. Currently, the Zoning Ordinance under Section 14.306.6.3 reads, "Lot Coverage: Accessory structures shall be included in any maximum lot coverage calculation." Staff recommends adding language exempting swimming pools from counting towards the lot coverage calculation per Staff's original recommendation that was included in the staff report for Zoning Case No. PZ -14-20. Article lll, Section 14.319: Permitted Obstructions During the building permit process, Staff is often asked to review building plans to evaluate if certain accessory structures comply with the Village Code. As it stands today, the current Zoning Ordinance is silent on window wells. Staff has historically interpreted window wells to be evaluated in the same category as "Eaves, gutters, chimneys, bay windows encroaching not more than 24", no closer than 12" to a lot line". Under the 2015 edition of the International Residential Code, the Village's building department requires that the horizontal area of a window well opening to be no less than 9 square feet, with a horizontal projection and width of not less than 3' to allow the emergency escape and rescue opening to be fully opened. In other words, a window well is typically dimensioned at 3' x 3'. Engineering staff has indicated that side yards often contain swales that convey stormwater toward the front and/or backyards, making the side yards integral parts of a sites drainage system. Allowing a window well to encroach into a side yard would create an obstruction, and may compromise the effectiveness of any swale. Therefore, any window wells that would encroach into a side yard should be treated similar to landscape terraces and retaining walls. Staff recommends adding the following language as a permitted obstruction to read "Window wells encroaching not more than 3', no closer than 12" to a lot line, subject to approval of the grading plan by the LV 9 Engineering Division and issuance of a building permit" in the appropriate alphabetical location under Section 14.319. Article Vl, Section 14.604: Land Use Table 1 In line with the changes discussed under Section 14.203, Staff proposes a change to the Land Use Table 1 of the Zoning Ordinance to meet the strategic goals and needs of the community. The proposed text amendment under Section 14.203 lays out the procedure for conditional use petitions requesting a residential setback reduction in all yards in the single-family residential zoning districts and the Plan Commission's authority in those instances. Thus, Land Use Table 1 should be amended to add "Setback reductions in all required yards" as conditional uses in the R -X, R -A and R-1 columns. Article Vl, Section 14.604: Land Use Table 2 Inquiries for available land in the Village to accommodate "Data centers" have been increasingly common and this trend will likely continue in the future. Data centers are typically large buildings that house servers for the processing and routing of data for an organization or for multiple organizations. Data centers can range anywhere between 5,000 square feet in size to as large as 500,000 square feet in size. Its large size is required to accommodate the physical equipment needed to store the vast amount of data driven by consumer usage today. In order to house the necessary IT equipment, a data center must contain an adequate infrastructure, such as power distribution and supplemental power subsystems, uninterruptable power supplies, backup generators, ventilation and data center cooling systems. For facilities that operate 24 hours a day, 7 days a week, data centers tend to have a low parking demand, and are based on the number of employees at any given time. Depending on the type of data center, employees are made up of either full-time and part-time staff, including engineers, mechanical technicians, security, cleaning/janitorial, and grounds maintenance. The Village currently has several existing data centers in town that, for parking requirement calculation purposes, have largely been classified as "manufacturing, research and development, utility" with single -digit employee counts. As these facilities have already existed for years in the Village with limited impact on the surrounding areas, Staff recommends modifying the Land Use Table 2 under Section 14.604 to add "data centers" as a new permitted use in the 1-1 zoning district. Staff also recommends adding "data centers" in the off street parking requirements section of the Zoning Ordinance, discussed in more detail under Article XXII, Section 14.2207: Off Street Parking Requirements. Article XXII, Section 14.2207: Off Street Parking Requirements As previously discussed, the existing data centers within the Village of Mount Prospect have had little impact on the surrounding areas in which these data centers are located. The number of employees at the existing data centers in Mount Prospect range from one (1) to five (5) employees for facilities with footprints ranging from 10,000 square feet to over 80,000 square feet. A summary of the parking requirements for data centers in other communities is summarized in Table 2 below and demonstrates the relatively low number of spaces required for such large facilities. Staff therefore recommends to add "data centers" to the existing use name "Manufacturing, research and development, utility", using the same parking ratio of 1 space per 1.5 employees plus 1 space per company vehicle, and in line with the requirements of other municipalities. Office use should also be calculated separately. 7 10 Table 2: Parking Requirements in Other Municipalities Arlington Heights Warehouses and Storage 1 space per 2 employees plus 1 space for each vehicle used in the Aurora Electronic Data Storage Center Elk Grove Warehouses and storage buildings Schaumburg Warehouse, storage buildings Mount Prospect Manufacturing, research and development, utility conduct of the enterprise 1 space per 7,000 SF 1 space for each 3 employees, plus 1 space for each vehicle used in the conduct of the enterprise 1 per 1,000 SF NFA up to 10,000 SF plus 1 per 2,000 SF above 10,000 SF (Office use calculated separately) 1 space per 1.5 employees plus 1 space per company vehicle (Office use calculated separately.) Article XXIV Definitions, Section 14.2401: Purpose The proposed modification to Section 14.2401 includes adding the following definition of a "data center" as "a facility used for the storage and operation of computer systems and related equipment for the maintenance, storage, processing, and routing of data and related activities" in the appropriate alphabetical location. This would maintain consistency with the previously discussed text amendments under Sections 14.604 Land Use Table 2 and 14.2207. 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. 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 each of the chapters are indicated as _ and additions. No relocation of existing regulations or rearranging of language is proposed. 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 Commission make a recommendation to the Village Board to approve the following motion: 9:3 11 1. "To approve the text amendments as outlined in the attached documents for case PZ -13-21 which should perform certain amendments to the text of the Village's zoning regulations." The Village Board's decision is final for this case. ATTACHMENTS: ADMINISTRATIVE CONTENT (Zoning Request Application, Responses to Standards, etc...) I concur: William J. Eooney, AICP Director of Community Development RTLAN\Planning & Zoning COMM\PU 2021\Staff Reports\PZ-13-21 50 S Emerson Street (Text Amendments).doex PLANS (Plat of Survey, Site Plan, etc.) OTHER Q !Tf!�) 12 ,w drron „ Village of Mount Prospect Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-5328 Zoning Request Application Official Use Only (To be completed by Village Staff) Case Number: P&Z - - �Zl Date of Submission: W Hearing Date: Project Name/Address: I. Subject Property Address(es):. Zoning District (s): Property Area (Sq.Ft. and/or Acreage): Parcel Index Number(s) (PIN(s): II. Zoning Request(s) (Check all that apply) ...................... .................._........... ....... ......... ___.. ...... __... ._._........ � w__wwwwwww._._............. .... ❑ Conditional Use: For ❑ Variation(s): To ❑ Zoning Map Amendment: Rezone From To Eil"Zoning Text Amendment: Section(s) ❑ Other: 1 13 V. Property Owner ❑ Check if Same as Applicant _ _..._w ............... Name: Corporation: Address: City, State, ZIP Code: Phone: Emaik 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 tru � acc rate to the best of my knowledge. Applicant: Date: _. ._wvwvwvw�w�w......... ................�...�.._�.�_. w...............vw�_ .M.M.M.� � ��.. ............. M.M._...�................ (m prat .... .. re (Print or Type Name) If applicant is not property owner: hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting material. Property Owner: (Signature) (Print or Type Name`M.__-....ww................................ ------- ..._.......�........... Z Date: 14 14.202: ADMINISTRATIVE BODIES AND SPECIFIC DUTIES: C. Director Of Community Development: The position of the director of community development has been established by the village. This is a department head position, reporting to the village manager. The duties and authority of the director of community development, or duly appointed employees of the community development department, shall be as follows: 1. Provide public information on the provisions of the zoning ordinance. 2. Forward to the planning and zoning commission all applications for appeals, variations, conditional uses, map or text amendments, or other matters on which the planning and zoning commission is required to review under this chapter. 3. Review and prepare recommendations on all matters going before the planning and zoning commission. 4. Maintain possession of appropriate records and files pertaining to the zoning ordinance, including, but not limited to, zoning maps, amendments, conditional uses, variations, appeals and minor variations. 5. Conduct inspections of buildings, structures, and land to determine appropriate compliance with the regulations of this chapter. 6. Issue notice of violations and citations for violations of the regulations of this chapter. Notices shall require compliance within fifteen (15) days and advise violators of their right to appeal. 7. Issue "stop work" orders for any construction or work that is not in compliance with the regulations of this chapter. 8. Approve certificates of occupancy and zoning for any structure or use of land in the village. 9. Conduct administrative hearings and make final determinations on minor variations. 0. Review and make final determinations for projects that require administrative site plan review. (Ord. 4590, 9-21-1993; amd. Ord. 5173, 3-6-2001; Ord. 5219, 11-6-2001; Ord. 5426, 4-20-2004; Ord. 5639, 7-17-2007; Ord. 6246, 5-17-2016) 14.203: PROCEDURES FOR ADMINISTRATIVE FUNCTIONS: F. Conditional Uses: Intent And Applicability: The development and administration of this chapter is based upon the village being divided into zoning districts within which the use of land and buildings and the bulk and location of buildings and structures is substantially uniform. However, it is recognized that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular zoning district without consideration of the impact of those uses upon adjoining properties and their impact on the neighborhood in general. Such conditional uses fall into two (2) categories: a. Uses publicly operated or uses traditionally promoting a public interest or benefit. b. Uses entirely private in character but of a nature that their operation may present a different impact upon adjoining properties or the neighborhood in general. 15 2. Authority: Except as otherwise provided in section 14.316 of this chapter, 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. 3. Initiation: Any person, firm, corporation, office or other legal entity having ownership interest in land, or a contractual interest that may become an ownership interest, may file an application with the consent of the property owner. 4. Filing Of Application: An application for a conditional use shall be filed with the director of community development on forms obtained from the community development department. The director shall, upon receiving a complete application for a conditional use, forward the application, along with other data considered important by the director, to the planning and zoning commission for their review and recommendation to the village board. 5. Public Hearings: A public hearing shall be conducted by the planning and zoning commission on the conditional use application. Notice shall be as provided in subsection 6 of this section, and in compliance with state statutes. 6. Recommendation By The Planning And Zoning Commission: The director of community development shall submit the written recommendation of the planning and zoning commission on an application for a conditional use to the village board within thirty (30) days of conclusion of the public hearing. Extension of this time period may be allowed by mutual consent of the applicant and the director of community development. II:.�;�.pr...si..11..11. p tjdolns uV m4's IIII'uvu,'bkidiirig [g" Ident4l °a4"db u("IIS, mdlluc IIoIrS Illn aVII iiVlyds IIII'II'"',hc4 Xi� I„ ail 3 dll,'wau 11 IIc ts,,, \Ad"IIIIchl do I riot 4we,nty'` yg 12. 1)11) 2fjh�s4?tjback d �luuuu lrrlil„� Irma: )....� II tlI]I„p II II ud up gll�d” p.2II211)11„iIllng 211]d �2I2I111:Ili a umrlu ,u uu sII-IM II 7loa:�ur..auud d���,^� ude �:::Is� uuu.roll � VIr71::u„uuuumlllrnwuu✓u .0 llll�� uuV” II old"..II Ilauuruu„'iilrr, a uu ll ld�lf1uu"IIS„4druullurouu^ iciiuu ISI �IIII„unr �lhq:.w req'cirmVllll'V4:, ndafl�,: ns to the +i/II�..�.awNigg bggEd gin a H Von6fl4uses ,ii."... aW II "1,IIa°roeflJii;Vf '.. mq;;"buucflon°s Vii,ii a„Vfl vaVVtl'Js VVV II] -ie 13 'X. IIS p a;und A zcV"IIVIf),;z 4;.. V.AV IId! wI.VVch are IrrlVoIf ,'thauV'V "II':;' itlaVV1C:v Ilive ?5%) � Ila .g uIV4lru4n ..� . I)afpt :. 7. Action By The Village Board: a. The village board shall not act upon a proposed conditional use until it has received a written report and recommendation from the planning and zoning commission provided by the director of community development. b. The village board may approve a conditional use by ordinance, deny, or refer back to the planning and zoning commission for further review. The village board may establish such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use, as is deemed necessary for the protection of adjoining properties and the neighborhood in general and the public interest. c. In all cases where the village board permits a conditional use, the authorizing ordinance shall specifically set forth the terms for operation of the conditional use. d. Any conditional use which fails to receive a favorable recommendation from the planning and zoning commission shall not be granted by the village board unless there is a concurring vote of five (5) if all seven (7) members of the corporate authorities are present and voting, and a concurring vote of four (4) if less than seven (7) members of the corporate authorities are present and voting. 8. Standards: No conditional use shall be recommended for approval by the planning and zoning commission unless it finds: a. 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; b. 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; c. 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; d. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; e. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; f. That the proposed conditional use is not contrary to the objectives of the current comprehensive plan for the village; and g. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the planning and zoning commission. 9. Conditions And Guarantees: In all cases where conditional uses are granted, and conditions regulating the use are established as described in subsection F8 of this section the village board shall require such evidence and guarantees as it may deem necessary as proof that the conditional use complies with all regulating conditions. 10. Effect Of Denial Of Application: No application for a conditional use which has been denied by the village board shall be resubmitted for a period of one year from the date of denial, except on the grounds of new factual evidence, or a change in conditions which would alter the concept or intent of the request. Such changes may include reductions in density or building height, changes in land use and road standards and alignment, or conditions which would have a positive effect on surrounding property, and serve to address the circumstances of the denial of the original application. Such change or new evidence must be reviewed and acknowledged by the director of community development before a new application can be submitted for a public hearing. 11. Revocation: a. In any case where the construction of an approved conditional use is not substantially under way, or if a use is not established or commenced in the building within one year from the date of granting thereof, and completed within eighteen 17 (18) months, then, without further action by the village board, the conditional use or authorization thereof shall be null and void. b. A conditional use may be revoked if conditional use as established or constructed on the site does not conform to the established conditions for approval. The director of community development will be responsible for advising the village board of any violations and the village board may then authorize the planning and zoning commission to schedule a public hearing to consider revoking the conditional use permit. After conducting the public hearing, the planning and zoning commission shall then prepare a written report and recommendation to submit to the village board. Upon receipt of the planning and zoning commission report, the village board shall then render a final judgment regarding rescinding the conditional use permit and accompanying ordinance. 12. Expiration And Transferability: The conditional use shall expire if the conditional use shall cease for more than twelve (12) months for any reason. However, the ownership of an authorized conditional use may be changed if the use remains unchanged. 13. Modification Or Intensification: Any modification or intensification of a conditional use which alters the essential character or operation of the use in a way not intended at the time the conditional use was granted shall require a new conditional use permit. Such conditional use permit shall be applied for prior to any modification of the use or property. The director of community development shall determine whether the proposed modification or intensification represents an alteration in the essential character of the original conditional use as approved. The operator of the conditional use shall provide the director of community development with all the necessary information related to the conditional use to render this determination. 14.306: ACCESSORY STRUCTURES: B. Restrictions In Residential Districts: 1. Maximum Size: a. A detached private garage may be no larger than six hundred seventy two (672) square feet. b. A shed, gazebo, pergola, greenhouse, or other similar accessory structure may be no larger than the smaller of the following: (1) Two percent (2%) of the lot area; or (2) Two hundred (200) square feet. 2. Bulk Restrictions: On lots fifty five feet (55') in width or less, detached accessory structures shall be set back three feet (3') from any interior side or rear lot line. b. On lots greater in width than fifty five feet (55'), detached accessory c. No accessory structure shall be placed on any right of way or village utility or easement without prior consent from the director of community d. All solid roofed accessory structures, including gazebos, shall be included in 18 3. Lot Coverage: Accessory structures shall be included in any maximum lot coverage calculation ��"wr g)r]�rrig, p2g s apl tl e'' q.p°pry2l fronp thf rna)dVnIurn k))I �:::Overag" 14.319: 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', with a minimum setback of 3' from side lot lines P P Boat slips, when adjacent to a navigable waterway P Central air conditioning units, generators, and similar mechanical equipment, subject to the requirements in subsection C of this section P Decorative outdoor structures, maximum footprint of 4 sq. ft., maximum of 2 structures per lot, with a maximum height of 8' P P P P Driveways subject to the regulations noted in article XXII of this chapter P P P P Eaves, gutters, chimneys, bay windows encroaching not more than 24", no closer than 12" to a lot line P P P P Handicap ramps in side yards, encroaching no more than 50% P Landscape terraces and retaining walls, subject to approval by the Engineering Division and issuance of a building permit P P P P Maximum of 4 rain barrels per lot, up to 55 gallons in size each, subject to the requirements in subsection C of this section P P P Off street parking pads subject to the regulations noted in article XXII of this chapter P P 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 this section P Patios, balconies, and decks with a minimum setback of 15' from the rear lot line and outside the required side yard P Service walks, sidewalks, steps, and handicap ramps up to 8' in width P P Service walks, sidewalks, steps, and handicap ramps up to 3' in width P P 19 Sport courts with a minimum setback of 15' from the rear lot line and C- R R- X R- 1 R- A a minimum 5' from the side lot line, including associated equipment R- 3 R- 4 Accessory structures P such as basketball standards P P P P Stationary basketball standards, when adjacent to an existing Accessory structures greater than 30 feet in height C driveway P P P P Trellises, not to exceed 8' in height and a total width of 10', maximum of 2 structures per lot C Attached single-family homes P P Unenclosed porches, not to encroach more than 5' into the required P setback, excluding steps P P1 P1 P1 /a in:.('M r"�..I. ... ou�l14...rriNYr".... it �., t II�N �Ldr � N P1 Churches, synagogues, mosques, or other houses of worship planned unit developments q,11 t I e, ".m4.,ll,...U. "tl a u,�.,... U u III N.0 / N V roll :�� II II �,1 „111'11 "IN.. 4 II II II N. C C C C q': V�uu�,Nu�mu„�„Nur1 and u�mu1” 1u".irul�lu... ::1 f1N 4 tl,�.:..a 011::d 0„flfii ig �. t Circular/dual frontage driveways C C 14.604: LAND USE TABLES: The following tables provide direction on land uses which may hereafter be established in the associated zoning districts as either permitted or conditional uses. Land use table 1 of this section regulates land uses located within the C-R, R -X, R-1, R -A, R-2, R-3, and R-4 Zoning Districts and land use table 2 of this section regulates land uses which are located within the B-1, B-2, B-3, B-4, B-5, B -5C, O/R, 1-1, and 1-3 Zoning Districts. For the following two (2) tables, permitted uses shall be identified by a "P" and conditional uses shall be identified by a "C". If a space is left blank the use is not permitted in the respective zoning district. 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 of a PUD 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 20 Convalescent homes/nursing homes C Cultural institutions C C C C Daycare center 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 Expanding an attached, single car garage into a two car garage in the required interior side yard setback C C C C C 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 Lighted ball fields C More than 1 garage C C C C Multi -family dwellings P P Municipal buildings and services P1 P1 P1 P1 P1 P1 P1 Museums C C C C C C Nature preservation areas P Parks and playgrounds P Personal wireless service facilities, structure mounted P P P P P P P Planned unit developments C Private or parochial schools 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 21 Skull-)�:uull u&iiuu buuauas. n ::OHI II.!I: "miredy:ad" B- 1 B- 2 B- 3 B- 5 B- 5C I- 1 Single-family detached dwellings Accessory structures P P P P P P Studios C Accessory uses (10 percent retail of permitted uses) Tennis courts, swimming pools, volleyball courts, and similar recreational facilities P Amusement establishment C C Two-family dwellings Amusement establishment indoor only P P P P C C- -G C- O C - Unlighted ball fields P C C Animal hospital and veterinary clinics Notes: 1. Permitted in limited circumstances. A conditional use shall be required if the following circumstances apply: a. A residential dwelling unit is being converted to the proposed use so as to be the principal use of the structure; or b. A new building or structure is to be constructed on property less than 40,000 square feet not currently in use for the proposed use. 2 lw"e„.sudeu fl::fl se'd.bw°k rediiu4'flciris htl°:m.11.ow : I,ee uilfii.;ay Lu uiw�, eir aiij boirui bii, �:urs a u:"�V2 :..11 �i g iid auuuf u�ro.V un . uu::7a Ilu,uu. uu lau.u�;..0 ru Iluiriuu ed to, Wire: irnateiij...r �aIIII:u,....Vuuarouu�a�uuru� sir p u �IId::,atuori ... airu.V �.V�u^u�uur uua aaaa.11ll:: Aiiiy. a20 19 llua II 9ir90u2'J thu[gggt'i the cc�iracfltoor,4l use ^alh allll aa"bll aim to C VuaPig Z V... u.uulln�up���� � nuaV�;� a�V.th.e. V� iii.,uin"riu`:'iiu null :::u';au:ie, LAND USE TABLE 2 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Land Use B- 1 B- 2 B- 3 B- 4 B- 5 B- 5C I- 1 I- 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 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 22 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 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 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 Cannabis craft grower C Cannabis cultivation center C Cannabis dispensing organization C C Cannabis infuser organization C Cannabis processing organization C Cannabis transporting organization C Car wash C p C C C Carpet and rug stores, retail sales p p p p Cartage and express facilities C Catering services C C C Children's recreation centers p p p p China and glassware stores p p p p Clothing and apparel retail stores p p p p p Clothing and costume rental stores p p p p Clubs and lodges C p p p p 23 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 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 brewery 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 centers 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 24 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 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 cannabis cultivation center C Medical cannabis dispensing organization P P P P P C Medical or dental offices P P P P P P Miniwarehouse P P Motorcycle, snowmobile, or personal watercraft sales C Municipal buildings and services P P P P P P P P 25 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 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 Weapons Gallery 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 r� 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 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 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 (Ord. 6286, 12-6-2016; amd. Ord. 6316, 4-5-2017; Ord. 6411, 10-16-2018; Ord. 6528, 9-2-2020; Ord. 6548, 1-12-2020) 27 14.2207: OFF STREET PARKING REQUIREMENTS: The required number of off street parking spaces shall be calculated as listed below: TABLE OF OFF STREET PARKING REQUIREMENTS Use Residential: Single-family attached and detached dwellings Duplex dwelling Multiple -family dwellings: 1 and 2 bedrooms 3 or more bedrooms Parking Requirements 2 spaces per dwelling unit 2 spaces per dwelling unit 2 spaces per dwelling unit 2 1/2 spaces per dwelling unit Guest parking 1 space for every 10 required parking spaces Senior citizen housing/assisted living facility: Efficiency and 1 bedroom 3/4 space per dwelling unit 2 bedrooms 1 space per dwelling unit Convalescent home, nursing home 1 space per 4 residents plus 1 space per employee Hotel/motel 1 space per guestroom plus 1 space per employee on peak shift. (Restaurants and lounges require separate parking calculations.) Commercial, retail, services: Auto sales 1 space per 1,000 square feet plus those spaces required for service bays Auto service, drop off 1 space per employee plus 5 spaces per service bay Auto service, quick serve (20 minutes 1 space per employee plus 2 spaces per bay or less) Car wash, self -serve 1 space per bay plus 2 stacking spaces per bay Car wash, tunnel Stacking spaces for 20 minutes of waiting plus 1 space per employee. (3 minutes average per car, plus 1 space per employee.) Dance/music/vocational/trade schools 2 spaces per 3 employees plus 1 space per maximum number of students as determined by the director of community development Freestanding stores and shopping 4 spaces per 1,000 square feet of gross floor area. centers (up to 30,000 square feet) (Restaurants as tenants require separate parking calculations.) Furniture 2 spaces per 1,000 square feet gross floor area Personal services 4 spaces per 1,000 square feet gross floor area Restaurant with a bar 12 spaces per 1,000 square feet of floor area plus 1 space for every 3 seats in the bar area Restaurant with drive-in 12 spaces per 1,000 square feet of floor area plus 8 stacking spaces for the first window and 2 stacking spaces for each additional window Restaurant without a bar 12 spaces per 1,000 square feet of floor area Shopping center (30,000 - 150,000 4.5 spaces per 1,000 square feet gross floor area square feet) Shopping center (more than 150,000 4 spaces per 1,000 square feet gross floor area square feet) Undertaking establishments 20 spaces per 1,000 square feet of parlor space Office and institutional: Banking facility Hospital/sanatorium Offices: financial, civic, business, and professional Offices: medical/dental Religious institution Educational: Daycare center/nursery K - 8th grades Senior high school College/university Public and semipublic uses: Library Cultural and entertainment: 3 spaces per 1,000 square feet gross floor area plus 4 stacking spaces for each window 2 spaces per 1,000 square feet of gross floor area or 1.2 spaces per bed, whichever is greater 4 spaces per 1,000 square feet of gross floor area 5 spaces per 1,000 square feet of gross floor area 1 space per 3 worshipers 1 space per employee plus 1 space for each 10 licensed capacity slots 1 space per employee plus 8 spaces for visitors 1 space per employee plus 1 space per 8 students 1 space per 2 employees plus 1 space per 4 students based on maximum capacity 2 spaces per 1,000 square feet gross floor area Amusement establishments Arena/stadium Bowling alley Club/lodge Cultural institutions and museums Golf course Gym/health club Swimming pool Tennis club Theater Industrial: 1 space per 3 persons capacity plus 1 space per employee 1 space per 4 seats plus 1 space per 2 employees 5 spaces per lane 4 spaces per 1,000 square feet of gross floor area 3.5 spaces per 1,000 square feet of gross floor area 60 spaces per 9 holes plus 1 space per 2 employees 5 spaces per 1,000 square feet of gross floor area 13 spaces per 1,000 square feet of pool area 2 spaces per court 1 space per 4 seats Manufacturing, research and 1 space per 1.5 employees plus 1 space per company ent 4 development, data ii:......................!I:'.I. !....IL:'!..:'. vehicle. (Office space calculated separately.) Lft fl II fl y: f1es Miniwarehouse 0.14 space per 1,000 square feet of gross floor area, plus 1 space per vehicle used in the conduct of the business. (Office space calculated separately.) Warehouse 1 space per 1,500 square feet of gross floor area Waste handling and recycling 1 space per 1,500 square feet of gross floor area (Ord. 6286, 12-6-2016) 14.2401: PURPOSE: Add the following definition of "DATA CENTER" in the appropriate alphabetical location: ., � ...0 � �������" d1I II �h���V M,.,u lu0, .� tl F�"�tl II:��Ju 411 u1 F � rtl �" ��" d u d. ;���� N!"u tlVu,;.�i,�)un i, II ..�."� ull u� 9::p�u u�u ��" �':�p4� 1111 ...h uu9tl 6ated ;.". ew.11IIII' IimiiI3IIit'�::o II' thi!:'' IIn4IILIIII'eII"llance, wu4)Ila)Q1!:?. II'zini:) tl""usIIIIie, ":,Vnd II'cIu'bIlf.11a 4:d data aIITiI ftl"late `"� � I V4�4p� 114:w , . 30 14.202: ADMINISTRATIVE BODIES AND SPECIFIC DUTIES: C. Director Of Community Development: The position of the director of community development has been established by the village. This is a department head position, reporting to the village manager. The duties and authority of the director of community development, or duly appointed employees of the community development department, shall be as follows: 1. Provide public information on the provisions of the zoning ordinance. 2. Forward to the planning and zoning commission all applications for appeals, variations, conditional uses, map or text amendments, or other matters on which the planning and zoning commission is required to review under this chapter. 3. Review and prepare recommendations on all matters going before the planning and zoning commission. 4. Maintain possession of appropriate records and files pertaining to the zoning ordinance, including, but not limited to, zoning maps, amendments, conditional uses, variations, appeals and minor variations. 5. Conduct inspections of buildings, structures, and land to determine appropriate compliance with the regulations of this chapter. 6. Issue notice of violations and citations for violations of the regulations of this chapter. Notices shall require compliance within fifteen (15) days and advise violators of their right to appeal. 7. Issue "stop work" orders for any construction or work that is not in compliance with the regulations of this chapter. 8. Approve certificates of occupancy and zoning for any structure or use of land in the village. 9. Conduct administrative hearings and make final determinations on minor variations. 10. Review and make final determinations for projects that require administrative site plan review. (Ord. 4590, 9-21-1993; amd. Ord. 5173, 3-6-2001; Ord. 5219, 11-6-2001; Ord. 5426, 4-20-2004; Ord. 5639, 7-17-2007; Ord. 6246, 5-17-2016) 14.203: PROCEDURES FOR ADMINISTRATIVE FUNCTIONS: F. Conditional Uses: Intent And Applicability: The development and administration of this chapter is based upon the village being divided into zoning districts within which the use of land and buildings and the bulk and location of buildings and structures is substantially uniform. However, it is recognized that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular zoning district without consideration of the impact of those uses upon adjoining properties and their impact on the neighborhood in general. Such conditional uses fall into two (2) categories: a. Uses publicly operated or uses traditionally promoting a public interest or benefit. b. Uses entirely private in character but of a nature that their operation may present a different impact upon adjoining properties or the neighborhood in general. 2. Authority: Except as otherwise provided in section 14.316 of this chapter, the planning and zoning commission shall convene a public hearing on a conditional use application. The 31 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. 3. Initiation: Any person, firm, corporation, office or other legal entity having ownership interest in land, or a contractual interest that may become an ownership interest, may file an application with the consent of the property owner. 4. Filing Of Application: An application for a conditional use shall be filed with the director of community development on forms obtained from the community development department. The director shall, upon receiving a complete application for a conditional use, forward the application, along with other data considered important by the director, to the planning and zoning commission for their review and recommendation to the village board. 5. Public Hearings: A public hearing shall be conducted by the planning and zoning commission on the conditional use application. Notice shall be as provided in subsection G of this section, and in compliance with state statutes. 6. Recommendation By The Planning And Zoning Commission: The director of community development shall submit the written recommendation of the planning and zoning commission on an application for a conditional use to the village board within thirty (30) days of conclusion of the public hearing. Extension of this time period may be allowed by mutual consent of the applicant and the director of community development. For all petitions for conditional uses involving residential setback reductions in all yards in the R -X, R-1 and R -A zoning districts, which do not exceed twenty five percent (25%) of the setback requirement(s) of this chapter, the planning and zoning commission shall hear and decide as final administrative authority. The planning and zoning commission shall make recommendations to the village board on all conditional uses involving residential setback reductions in all yards in the R -X, R-1 and R -A zoning districts which are more than twenty five percent (25%) of the setback requirement(s) of this chapter. 7. Action By The Village Board: a. The village board shall not act upon a proposed conditional use until it has received a written report and recommendation from the planning and zoning commission provided by the director of community development. b. The village board may approve a conditional use by ordinance, deny, or refer back to the planning and zoning commission for further review. The village board may establish such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use, as is deemed necessary for the protection of adjoining properties and the neighborhood in general and the public interest. c. In all cases where the village board permits a conditional use, the authorizing ordinance shall specifically set forth the terms for operation of the conditional use. d. Any conditional use which fails to receive a favorable recommendation from the planning and zoning commission shall not be granted by the village board unless there is a concurring vote of five (5) if all seven (7) members of the corporate authorities are present and voting, and a concurring vote of four (4) if less than seven (7) members of the corporate authorities are present and voting. 32 8. Standards: No conditional use shall be recommended for approval by the planning and zoning commission unless it finds: a. 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; b. 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; c. 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; d. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; e. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; f. That the proposed conditional use is not contrary to the objectives of the current comprehensive plan for the village; and g. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the planning and zoning commission. 9. Conditions And Guarantees: In all cases where conditional uses are granted, and conditions regulating the use are established as described in subsection F8 of this section the village board shall require such evidence and guarantees as it may deem necessary as proof that the conditional use complies with all regulating conditions. 10. Effect Of Denial Of Application: No application for a conditional use which has been denied by the village board shall be resubmitted for a period of one year from the date of denial, except on the grounds of new factual evidence, or a change in conditions which would alter the concept or intent of the request. Such changes may include reductions in density or building height, changes in land use and road standards and alignment, or conditions which would have a positive effect on surrounding property, and serve to address the circumstances of the denial of the original application. Such change or new evidence must be reviewed and acknowledged by the director of community development before a new application can be submitted for a public hearing. 11. Revocation: a. In any case where the construction of an approved conditional use is not substantially under way, or if a use is not established or commenced in the building within one year from the date of granting thereof, and completed within eighteen (18) months, then, without further action by the village board, the conditional use or authorization thereof shall be null and void. 33 b. A conditional use may be revoked if conditional use as established or constructed on the site does not conform to the established conditions for approval. The director of community development will be responsible for advising the village board of any violations and the village board may then authorize the planning and zoning commission to schedule a public hearing to consider revoking the conditional use permit. After conducting the public hearing, the planning and zoning commission shall then prepare a written report and recommendation to submit to the village board. Upon receipt of the planning and zoning commission report, the village board shall then render a final judgment regarding rescinding the conditional use permit and accompanying ordinance. 12. Expiration And Transferability: The conditional use shall expire if the conditional use shall cease for more than twelve (12) months for any reason. However, the ownership of an authorized conditional use may be changed if the use remains unchanged. 13. Modification Or Intensification: Any modification or intensification of a conditional use which alters the essential character or operation of the use in a way not intended at the time the conditional use was granted shall require a new conditional use permit. Such conditional use permit shall be applied for prior to any modification of the use or property. The director of community development shall determine whether the proposed modification or intensification represents an alteration in the essential character of the original conditional use as approved. The operator of the conditional use shall provide the director of community development with all the necessary information related to the conditional use to render this determination. 14.306: ACCESSORY STRUCTURES: B. Restrictions In Residential Districts: 1. Maximum Size: a. A detached private garage may be no larger than six hundred seventy two (672) square feet. b. A shed, gazebo, pergola, greenhouse, or other similar accessory structure may be no larger than the smaller of the following: (1) Two percent (2%) of the lot area; or (2) Two hundred (200) square feet. 2. Bulk Restrictions: a. On lots fifty five feet (55') in width or less, detached accessory structures shall be set back three feet (3') from any interior side or rear lot line. b. On lots greater in width than fifty five feet (55'), detached accessory c. No accessory structure shall be placed on any right of way or village utility or easement without prior consent from the director of community d. All solid roofed accessory structures, including gazebos, shall be included in 3. Lot Coverage: Accessory structures shall be included in any maximum lot coverage calculation. Swimming pools are exempt from the maximum lot coverage calculation. 34 14.319: 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', with a minimum setback of 3' from side lot lines P P Boat slips, when adjacent to a navigable waterway P Central air conditioning units, generators, and similar mechanical equipment, subject to the requirements in subsection C of this section P Decorative outdoor structures, maximum footprint of 4 sq. ft., maximum of 2 structures per lot, with a maximum height of 8' P P P P Driveways subject to the regulations noted in article XXII of this chapter P P P P Eaves, gutters, chimneys, bay windows encroaching not more than 24", no closer than 12" to a lot line P P P P Handicap ramps in side yards, encroaching no more than 50% P Landscape terraces and retaining walls, subject to approval by the Engineering Division and issuance of a building permit P P P P Maximum of 4 rain barrels per lot, up to 55 gallons in size each, subject to the requirements in subsection C of this section P P P Off street parking pads subject to the regulations noted in article XXII of this chapter P P 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 this section P Patios, balconies, and decks with a minimum setback of 15' from the rear lot line and outside the required side yard P Service walks, sidewalks, steps, and handicap ramps up to 8' in width P P Service walks, sidewalks, steps, and handicap ramps up to 3' in 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 P such as basketball standards 35 Stationary basketball standards, when adjacent to an existing P P P P driveway R- 3 R- 4 Accessory structures P Trellises, not to exceed 8' in height and a total width of 10', maximum P P P P of 2 structures per lot Accessory structures greater than 30 feet in height C Unenclosed porches, not to encroach more than 5' into the required P Assisted living facility when approved as part of a PUD setback, excluding steps Window wells encroaching not more than 3', no closer than 12" to a C Attached single-family homes lot line, subject to approval of the grading plan by the Engineering P P P P Division and issuance of a building permit P1 P1 P1 14.604: LAND USE TABLES: The following tables provide direction on land uses which may hereafter be established in the associated zoning districts as either permitted or conditional uses. Land use table 1 of this section regulates land uses located within the C-R, R -X, R-1, R -A, R-2, R-3, and R-4 Zoning Districts and land use table 2 of this section regulates land uses which are located within the B-1, B-2, B-3, B-4, B-5, B -5C, O/R, 1-1, and 1-3 Zoning Districts. For the following two (2) tables, permitted uses shall be identified by a "P" and conditional uses shall be identified by a "C". If a space is left blank the use is not permitted in the respective zoning district. 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 of a PUD 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 center C C C C C 36 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 Expanding an attached, single car garage into a two car garage in the required interior side yard setback C C C C C 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 Lighted ball fields C More than 1 garage C C C C Multi -family dwellings P P Municipal buildings and services P1 P1 P1 P1 P1 P1 P1 Museums C C C C C C Nature preservation areas P Parks and playgrounds P Personal wireless service facilities, structure mounted P P P P P P P Planned unit developments C Private or parochial schools 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 Setback reductions in all required yards CZ CZ CZ Single-family detached dwellings P P P P P Studios C 37 Tennis courts, swimming pools, volleyball courts, and similar P recreational facilities Two-family dwellings I I I I I P I P Unlighted ball fields I P Notes: 1. Permitted in limited circumstances. A conditional use shall be required if the following circumstances apply: a. A residential dwelling unit is being converted to the proposed use so as to be the principal use of the structure; or b. A new building or structure is to be constructed on property less than 40,000 square feet not currently in use for the proposed use. 2. Residential setback reductions below 5 feet may trigger additional building code requirements including, but not limited to, fire -rated walls, limitation on projections, and opening in walls. Any zoning relief granted through the conditional use shall adhere to Chapter 21 Building Code of the Municipal Code. LAND USE TABLE 2 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Land Use B- 1 B- 2 B- 3 B- 4 B- 5 B- 5C I- 1 I- 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 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 38 Automobile maintenance and service center C p C C C Automobile sales, new or used (with 2 acres or less) 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 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 Cannabis craft grower C Cannabis cultivation center C Cannabis dispensing organization C C Cannabis infuser organization C Cannabis processing organization C Cannabis transporting organization C Car wash C p C C C Carpet and rug stores, retail sales p p p p Cartage and express facilities C Catering services C C C Children's recreation centers p p p p China and glassware stores p p p p Clothing and apparel retail stores p p p p p Clothing and costume rental 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 39 Computer offices and facilities 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 brewery 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 Data centers P Daycare centers 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 CU 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 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 cannabis cultivation center C Medical cannabis dispensing organization P P P P P C Medical or dental offices P P P P P P Miniwarehouse P P Motorcycle, snowmobile, or personal watercraft sales C Municipal buildings and services P P P 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 41 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 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 Weapons Gallery 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 42 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 Ticket agencies P P P P Tobacco/ vape shops P P 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 (Ord. 6286, 12-6-2016; amd. Ord. 6316, 4-5-2017; Ord. 6411, 10-16-2018; Ord. 6528, 9-2-2020; Ord. 6548, 1-12-2020) 43 14.2207: OFF STREET PARKING REQUIREMENTS: The required number of off street parking spaces shall be calculated as listed below: TABLE OF OFF STREET PARKING REQUIREMENTS Use Residential: Parking Requirements Single-family attached and detached 2 spaces per dwelling unit dwellings Duplex dwelling 2 spaces per dwelling unit Multiple -family dwellings: 1 and 2 bedrooms 2 spaces per dwelling unit 3 or more bedrooms 2 1/2 spaces per dwelling unit Guest parking 1 space for every 10 required parking spaces Senior citizen housing/assisted living facility: Efficiency and 1 bedroom 3/4 space per dwelling unit 2 bedrooms 1 space per dwelling unit Convalescent home, nursing home 1 space per 4 residents plus 1 space per employee Hotel/motel 1 space per guestroom plus 1 space per employee on peak shift. (Restaurants and lounges require separate parking calculations.) Commercial, retail, services: Auto sales 1 space per 1,000 square feet plus those spaces required for service bays Auto service, drop off 1 space per employee plus 5 spaces per service bay Auto service, quick serve (20 minutes 1 space per employee plus 2 spaces per bay or less) Car wash, self -serve 1 space per bay plus 2 stacking spaces per bay Car wash, tunnel Stacking spaces for 20 minutes of waiting plus 1 space per employee. (3 minutes average per car, plus 1 space per employee.) Dance/music/vocational/trade schools 2 spaces per 3 employees plus 1 space per maximum number of students as determined by the director of community development Freestanding stores and shopping 4 spaces per 1,000 square feet of gross floor area. centers (up to 30,000 square feet) (Restaurants as tenants require separate parking calculations.) Furniture 2 spaces per 1,000 square feet gross floor area 44 Personal services 4 spaces per 1,000 square feet gross floor area Restaurant with a bar 12 spaces per 1,000 square feet of floor area plus 1 space for every 3 seats in the bar area Restaurant with drive-in 12 spaces per 1,000 square feet of floor area plus 8 stacking spaces for the first window and 2 stacking spaces for each additional window Restaurant without a bar Shopping center (30,000 - 150,000 square feet) Shopping center (more than 150,000 square feet) Undertaking establishments Office and institutional: Banking facility Hospital/sanatorium Offices: financial, civic, business, and professional Offices: medical/dental Religious institution Educational: Daycare center/nursery K - 8th grades Senior high school College/university Public and semipublic uses: Library Cultural and entertainment: Amusement establishments Arena/stadium Bowling alley Club/lodge Cultural institutions and museums 12 spaces per 1,000 square feet of floor area 4.5 spaces per 1,000 square feet gross floor area 4 spaces per 1,000 square feet gross floor area 20 spaces per 1,000 square feet of parlor space 3 spaces per 1,000 square feet gross floor area plus 4 stacking spaces for each window 2 spaces per 1,000 square feet of gross floor area or 1.2 spaces per bed, whichever is greater 4 spaces per 1,000 square feet of gross floor area 5 spaces per 1,000 square feet of gross floor area 1 space per 3 worshipers 1 space per employee plus 1 space for each 10 licensed capacity slots 1 space per employee plus 8 spaces for visitors 1 space per employee plus 1 space per 8 students 1 space per 2 employees plus 1 space per 4 students based on maximum capacity 2 spaces per 1,000 square feet gross floor area 1 space per 3 persons capacity plus 1 space per employee 1 space per 4 seats plus 1 space per 2 employees 5 spaces per lane 4 spaces per 1,000 square feet of gross floor area 3.5 spaces per 1,000 square feet of gross floor area 45 Golf course Gym/health club Swimming pool Tennis club Theater Industrial: Manufacturing, research and development, data center, and utilities Miniwarehouse Warehouse Waste handling and recycling (Ord. 6286, 12-6-2016) 60 spaces per 9 holes plus 1 space per 2 employees 5 spaces per 1,000 square feet of gross floor area 13 spaces per 1,000 square feet of pool area 2 spaces per court 1 space per 4 seats 1 space per 1.5 employees plus 1 space per company vehicle. (Office space calculated separately.) 0.14 space per 1,000 square feet of gross floor area, plus 1 space per vehicle used in the conduct of the business. (Office space calculated separately.) 1 space per 1,500 square feet of gross floor area 1 space per 1,500 square feet of gross floor area 14.2401: PURPOSE: Add the following definition of "DATA CENTER" in the appropriate alphabetical location: DATA CENTER: A facility used for the storage and operation of computer systems and related equipment for the maintenance, storage, processing, and routing of data and related activities. C 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -13-21 Hearing Date: September 9, 2021 PROPERTY ADDRESS: 50 S. Emerson Street PETITIONER: Village of Mount Prospect PUBLICATION DATE: August 25, 2021 REQUEST: Text Amendments to Chapter 14 of the Village Code MEMBERS PRESENT: Thomas Fitzgerald William Beattie Norbert Mizwicki Walter Szymczak Joseph Donnelly Donald Olsen Lisa Griffin MEMBERS ABSENT: None STAFF MEMBERS PRESENT Bill Cooney – Director of Community Development Connor Harmon –Senior Development Planner Ann Choi— Development Planner INTERESTED PARTIES: Village of Mount Prospect Chairman Donnelly called the meeting to order at 7:01 PM. Commissioner Beattie made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on August 12, 2021. The minutes were approved 7-0. After hearing two previous cases, Chairman Donnelly introduced case, PZ -13-21 50 S. Emerson Street for text amendments to the zoning code. This case is Village Board final. Ms. Choi presented a series of Village -initiated text amendments mostly to address some minor inconsistencies in the Village's zoning code, as well as addressing areas of the code that are silent that Staff would like rectified in order to better perform plan reviews. Ms. Choi stated that the Village is also proposing to change one of the more common procedures for relief requests and to making this procedure less prohibitive for property owners. Ms. Choi explained that the first proposed text amendment refers back to a text amendment that was approved back in 2020 via Ordinance No. 6528. Ms. Choi stated that the planning and zoning commission, at the time, recommended to approve the review of unenclosed porches as part of the building permit process rather than through an administrative conditional use. The proposed text Planning & Zoning Commission Meeting- September 9, 2021 Joseph Donnelly, Chair PZ -13-21 47 amendment under PZ -13-21 simply eliminates the requirement in Section 14.202.C.10 that requires the Director of Community Development to conduct administrative hearings for unenclosed porches since that requirement is no longer valid. Ms. Choi moved onto the second proposed text amendment related to window wells where the zoning code is currently silent. Ms. Choi indicated that Staff has historically interpreted window wells under the category "Eaves, gutters, chimneys, bay windows" which are permitted to encroach no more than 24", and no closer than 12" to a lot line" within all yards. Ms. Choi informed the commission that engineering staff was consulted and would prefer not to see window wells in interior side yards due to drainage, but understood and acknowledged this may not be realistic to restrict. Ms. Choi explained that the proposed text amendment reflects the recommendation of the Engineering Division and would treat window wells the same as landscape terraces and retaining walls, which are subject to approval of a grading plan by the Engineering Division and issuance of a building permit. Ms. Choi advanced to the third proposed text amendment and explained that Staff was asked by Village Administration to look into developing a more permissive process than the variation procedure currently in place due to the large number of variation requests for residential setback reductions. Ms. Choi explained that within the past five years the Village has held ten public hearings related to these types of requests, mainly in the R -A and R-1 single-family districts. Ms. Choi further stated that seven of the ten cases were approved and out of those seven cases, the planning and zoning commission had final authority and approved three cases, while four cases were approved at the Board level. Ms. Choi also stated that two out of the ten total cases were withdrawn by the applicant, and one was denied at the Board level. Ms. Choi indicated that Staff looked into the Village's history of easing regulations as well as to looking at what other communities were doing. Ms. Choi stated that in 2020, the Village previously approved a series of text amendments that included adding the expansion of a one -car attached garage to a two -car garage as a conditional use in the R -X, R-1, R-2, and R-3 zoning districts. Ms. Choi offered another example where the Village has eased regulations related to nonconforming buildings or structures. Ms. Choi stated that the zoning code allows a nonconforming building or structure to be extended within the rear or interior side yard, provided the nonconformity is no more than 50% of the required setback. Ordinance No. 6528 allows all existing nonconforming residential single family encroachments to be extended, but not increased, in the front yard, without requiring property owners to apply for a variation. Ms. Choi pointed to the discussion included in the staff report, and stated that the Village looked at the Village of Morton Grove and the Village of Palatine, noting that Morton Grove has an administrative exception process that allows for a reduction in bulk regulations of no more than 10%. Ms. Choi also pointed to the Village of Palatine which lists residential setback reductions with no setback limit for principal structures in their single-family residential districts as a special use. Ms. Choi explained that Palatine's administrative special use process requires petitioners to obtain signatures in support of the reduced setback from all neighbors, abutting and across the street from the subject property, and Planning & Zoning Commission Meeting- September 9, 2021 PZ -13-21 Joseph Donnelly, Chair 48 that the Village is required to send out legal notices to property owners within a 250 -foot radius. If no objection is received by the Village, the petition is placed on the consent agenda at the next available Village Council meeting. Ms. Choi stated that based on the Village of Mount Prospect's past history of approving variation requests for reduced residential setbacks, and the fact that other communities have an alternative process in place to deal with these types of requests, Staff recommends that residential setback reductions in the R -X, R -A and R-1 single family residential zoning districts be permitted as a conditional use rather than processing them as a variation. The findings required under the standards for conditional use are easier to make than the findings required under the standards for variations. The proposed text amendment would also give final administrative authority to the Planning and Zoning Commission for all petitions related to conditional uses for residential setback reductions as long as these requests do not exceed twenty-five percent (25%) of the setback requirement and would also require that the Planning and Zoning Commission make recommendations to the Village Board if the request exceeds twenty-five percent (25%) of the setback requirement. This is the same procedure that is followed under the variation procedure. Ms. Choi stated that Staff also recommends modifying Land Use Table to list "Setback reductions in all yards" as conditional uses in the R -X, R -A and R-1 single-family zoning districts. Ms. Choi added that a footnote is proposed to clearly explain that any zoning relief that allows a less than 5 foot setback will trigger additional building code requirements that can have significant costs and design/appearance limitations affecting the overall character of the structure. Ms. Choi presented an additional text amendment to clarify Section 14.306.13.3 so that swimming pools should no longer count towards lot coverage due to the freeboard nature of their construction. Chairman Donnelly and Commissioner Szymczak asked if swimming pools would be considered the same as grass because swimming pools absorb water. Chairman Donnelly recalled a case years ago where a property owner built a swimming pool too close to her neighbor but argued that the swimming pool absorbed the storm water even though she had created a huge concrete hole in the ground. Ms. Choi confirmed that swimming pools are considered the same as grass since the swimming pools would absorb the storm water and drain the water off-site. Ms. Choi moved onto the next proposed topic of data centers. Chairman Donnelly stated that this was a novel topic. Ms. Choi stated that the Village currently has several data centers in town and have received additional inquiries for available land to accommodate these specialized facilities. Ms. Choi explained that data centers are large buildings that can range anywhere from 5,000 SF to half a million square feet in size. Ms. Choi noted that the Village's zoning code is silent on data centers and therefore have largely been permitted under the use category "Warehouse, distribution and storage facilities" which is a permitted use in the 1-1 limited industrial zoning district or under the use category "Offices, business and professional". Ms. Choi stated that Staff recommends updating Land Use Table 2 to add a new use category "data centers" as a permitted use in the 1-1 zoning district since they already exist within the Village. Ms. Choi added that the proposed text amendment will address future data centers looking to relocate within the Village. Planning & Zoning Commission Meeting- September 9, 2021 Joseph Donnelly, Chair PZ -13-21 49 4 In addition to the new use category "data centers" under Land Use Table 2, Ms. Choi recommends adding data centers under the use category "Manufacturing, research and development, utility" when calculating parking requirements. Data centers would use the parking ratio of 1 space per 1.5 employees plus 1 space per company vehicle and office uses would be calculated separately. Ms. Choi also stated the proposed text amendment would add "data centers" as a new definition in the zoning code. Ms. Choi concluded her presentation. Commissioner Szymczak asked how many data centers are current in Mount Prospect. Ms. Choi responded that upon a review of the existing business licenses, there are three identified data centers in Mount Prospect, ranging from approximately 30,000 square feet to over 80,000 square feet. Chairman Donnelly asked if that included United Airlines and asked if United Airlines was the biggest data center. Director Cooney responded that yes, the United Airlines data center is the biggest one at over 200,000 square feet and has the ability to expand if they choose. Commissioner Szymczak asked if the proposed text amendment would lower the standards and benefit businesses that claim to be a data center by using the reduced parking ratio. Chairman Donnelly responded that the proposed text amendments would only remove the requirement for data centers (like United Airlines) to come to the Village to request a parking reduction. Chairman Donnelly recalled that United Airlines had about 200,000 square feet of floor area and were required to provide 200 parking spaces when the number of employees on-site would only be 8-10 people at any time. Chairman Donnelly stated that 90% of these facilities are occupied by computers, servers, and mechanical equipment, and not employees. Chairman Donnelly said it would be unlikely that businesses who came under the guise of a data center would benefit from the low data center parking ratio because data centers would only be permitted in the 1-1 district and the parking ratio applicable to data centers could not be used in the R-1 district, for example. Chairman Donnelly closed the hearing and asked if there were further discussion from the commissioners. Hearing no further discussions, Chairman Donnelly asked for a motion. Commissioner Beattie made a motion seconded by Commissioner Mizwicki to approve the following motion: 1. "To approve the text amendments as outlined in the attached documents for case PZ -13-21 which should perform certain amendments to the text of the Village's zoning regulations." UPON ROLL CALL AYES: Olsen, Fitzgerald, Beattie, Mizwicki, Szymczak, Griffin, Donnelly NAYS: None The motion was approved by a vote of 7-0 with a positive recommendation to the Village Board. Commissioner Beattie made a motion seconded by Commissioner Mizwicki and the meeting was adjourned at 8:43 PM. dleli � + MI Ann Choi Development Planner Planning & Zoning Commission Meeting- September 9, 2021 Joseph Donnelly, Chair PZ -13-21 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 "ZONING" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Village of Mount Prospect is a home rule municipality as defined by Article VII, § 6 of the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire to make certain amendments to the Village Code of Mount Prospect as set forth below; and WHEREAS, pursuant to the authority granted under the Illinois Municipal Code and in accordance with home rule authority granted to home rule municipalities, the President and Board of Trustees of the Village of Mount Prospect approve the amendments as set forth below. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Subsection C (10) of Section 14.202, "Administrative Bodies and Specific Duties," of Article II, "Administration and Enforcement," to Chapter 14, "Zoning" to the Mount Prospect Village Code shall be struck from the Mount Prospect Village Code. SECTION 2: Subsection C (11) of Section 14.202, "Administrative Bodies and Specific Duties," of Article II, "Administration and Enforcement," to Chapter 14, "Zoning" to the Mount Prospect Village Code shall be amended to read as follows: 10. Review and make final determinations for projects that require administrative site plan review. (Ord. 4590, 9-21-1993; amd. Ord. 5173, 3-6-2001; Ord. 5219, 11-6- 2001; Ord. 5426, 4-20-2004; Ord. 5639, 7-17-2007; Ord. 6246, 5-17-2016) SECTION 3: Subsection F (6) of Section 14.203, "Procedures for Administrative Functions," of Article 11, "Administration and Enforcement," to Chapter 14, "Zoning" to the Mount Prospect Village Code shall be amended to read as follows: 6. Recommendation By The Planning And Zoning Commission: The director of community development shall submit the written recommendation of the planning and zoning commission on an application for a conditional use to the village board within thirty (30) days of conclusion of the public hearing. Extension of this time period may be allowed by mutual consent of the applicant and the director of community development. For all petitions for conditional uses involving residential setback 494550_2 51 reductions in all yards in the R -X, R-1 and R -A zoning districts, which do not exceed twenty five percent (25%) of the setback requirement(s) of this chapter, the planning and zoning commission shall hear and decide as final administrative authority. The planning and zoning commission shall make recommendations to the village board on all conditional uses involving residential setback reductions in all yards in the R -X, R-1 and R -A zoning districts which are more than twenty five percent (25%) of the setback requirement(s) of this chapter. SECTION 4: Subsection B (3) of Section 14.306, "Accessory Structures," of Article III, "General Provisions," to Chapter 14, "Zoning" to the Mount Prospect Village Code shall be amended to read as follows: 3. Lot Coverage: Accessory structures shall be included in any maximum lot coverage calculation. Swimming pools are exempt from the maximum lot coverage calculation. SECTION 5: "Encroachments Permitted in Required Yards as Determined By The Building Setback Line" of Subsection A of Section 14.319, "Permitted Obstructions," of Article III, "General Provisions," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be amended to include the following row: Window wells encroaching not more than 3', no closer than 12" to a lot line, subject to approval of a P I P P P grading plan by the Engineering Division and issuance of a building permit SECTION 6: Land Use Table 1: "Residential and Recreational Zoning Districts," of Section 14.604, "Land Use Tables," of Article VI, "Zoning Districts," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be amended to include the following row: Setback reductions in all required yards I I C C C SECTION 7: Land Use Table 1: "Residential and Recreational Zoning Districts," of Section 14.604, "Land Use Tables," of Article VI, "Zoning Districts," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be amended to remove the following row: Unenclosed front porches attached to a single family residence I I C I C I C I C I C I C SECTION 8: The `Notes' subsection of Land Use Table 1: "Residential and Recreational Zoning Districts," of Section 14.604, "Land Use Tables," of Article VI, "Zoning Districts," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be amended to include the following: 494550_2 52 2. Residential setback reductions below 5 feet may trigger additional building code requirements including, but not limited to, fire -rated walls, limitation on projections, and opening in walls. Any zoning relief granted through the conditional use shall adhere to Chapter 21 Building Code of the Municipal Code. SECTION 9: Land Use Table 2: "Commercial and Industrial Zoning Districts," of Section 14.604, "Land Use Tables," of Article VI, "Zoning Districts," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be amended to include the following row: Data centers I I I P SECTION 10: The `Industrial' subsection of Table Of Off Street Parking Requirements of Section 14.2207, "Off Street Parking Requirements," of Article XXII, "Off Street Parking and Loading," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be amended to read: Industrial: Manufacturing, research and 1 space per 1.5 employees plus 1 space per company vehicle. (Office development, data center, and utilities space calculated separately.) Miniwarehouse 0.14 space per 1,000 square feet of gross floor area, plus 1 space per vehicle used in the conduct of the business. (Office space calculated separately.) Warehouse 1 space per 1,500 square feet of gross floor area Waste handling and recycling I space per 1,500 square feet of gross floor area SECTION 11: Section 14.2401, "Purpose," of Article XXIV, "Definitions," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be amended to include the following definition of "DATA CENTER" in the appropriate alphabetical location: DATA CENTER: A facility used for the storage and operation of computer systems and related equipment for the maintenance, storage, processing, and routing of data and related activities. SECTION 12: This Ordinance shall be in full force and effect from and after its approval, adoption and publication in the manner provided by law. ADOPTED this day of September, 2021, pursuant to a roll call vote as follows: AYES: NAYS: 494550_2 53 ABSENT: APPROVED this day of September, 2021, by the Village Mayor of the Village of Mount Prospect, and attested by the Village Clerk, on the same day. Village Mayor APPROVED and FILED in my office this day of September, 2021 and published in pamphlet form in the Village of Mount Prospect, Cook County, Illinois. ATTEST: Village Clerk- 4945502 lerk 4945502 54