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Home My WebLink About10.1 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 November 16, 2021 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - Fiscal Impact false Dollar Amount Budget Source Category NEW BUSINESS Type Action Item Information To create a uniform and consistent zoning code, the Community Development Department is recommending text amendments to the zoning ordinance of the Village Code to reestablish the I-2 zoning district, to add residential planned unit developments as conditional uses under the R-4 zoning district, and to eliminate references to the O/R District where applicable in Chapter 14 of the Village Code. I-2 Railroad District In the early 1990s, the Village of Mount Prospect undertook a complete overhaul of its zoning ordinance. At the time, the Village's zoning code was a typical suburban code reflective of a rural community focused on growth rather than a mature community with redevelopment as the most common form of expansion. In 1993, the Village adopted Ordinance No. 4590 that introduced new zoning designations for downtown (B-5 central commercial and B -5C central commercial core districts) and the areas along Northwest Highway. The new zoning districts recognized the smaller commercial lots and zero lot line development of the older areas, brought these properties into conformance with new bulk regulations, and relaxed the parking requirements to allow reasonable change of uses without increasing parking requirements. Ordinance No. 4590 also eliminated the I-2 zoning district from the zoning text. In 1994, the Village of Mount Prospect recognized that the rezoning of certain 1 properties in the central business district as a result of the 1993 zoning code amendments never met the legal noticing requirements of the zoning ordinance. It was discovered that proper legal notices were never sent to the affected property owners, and therefore these properties were never officially rezoned. The Village determined it was legally obligated to bring the underlying zoning (prior to the 1993 amendments) into compliance with the 1993 map amendments and sent legal notices to over two hundred (200) properties to rezone the properties in the B-5 and B -5C zoning districts. In 1995, the Village adopted Ordinance No. 4710 formalizing the map amendment. However, the mailing list for the public hearing did not include the property owner at the time for the railroad parcel located at 11 E. Northwest Highway (PIN: 08-12-500-001), rendering its rezoning invalid. The railroad parcels are listed in Table 1 below. The text on the current 2021 zoning map notes the railroad parcels as I-2, while they are simultaneously represented by several different zoning district colors (C-R, R-2, R-3, B-5 and I- 1). Table 1: Existina Railroad Parcels No. Address PIN Pre- 1993 Zoning Map Current Zoning Proposed Map Zoning Map Part of Northwest Highway 03-33-500-001- C-R R-2 R- 1 betw. Waterman Av and 0000 I-2 3 I-1 I-2 ' Forest Av. Part of Northwest Highway 2 betw. Forest Av and Central 03-34-500-001- I-2 I-1, B-5 I-2 Rd. 0000 3 11 E. Northwest Hw 08-12-500-001- I-2 B-5 I-2 0000 Staff attributes these inconsistencies to several changes that were made to the zoning map over the years to comply with Illinois state statute that requires the Village to update its zoning map annually. These zoning map updates are typically approved on consent via Village Board action. A review of the historical zoning maps from 1993 reveals that portions of the railroad parcels were "recolored" to correspond to adjacent zoning districts. In 2017, as part of the annual map update, the recoloring of the railroad parcels occurred where the B -5C district was expanded to include the surrounding roadways, including the railroad. The recoloring of these railroad parcels were implemented without proper notice to the respective property owner(s). Staff has therefore determined no formal map amendment or rezoning occurred, and the changes to the zoning map are invalid. Thus, the railroad properties have always remained I-2. Since the I-2 district currently does not exist in the zoning code, staff proposes to reinstate the I-2 2 zoning district in Chapter 14 of the Village Code to establish consistency between the zoning map and the zoning code. Specific regulations for the I-2 district are also reintroduced based on the pre -1993 code amendments. Residential Planned Unit Developments in the R-4 District The second proposed text amendment would add residential planned unit developments (PVDs) as conditional uses under the R-4 Multi -Family Residence District. The purpose of the R-4 multi -family district is to provide areas for limited concentrations of medium to higher density apartment and multi -family development. The R-4 bulk regulations also make reference to PUDs under Section 14.1304.E.1 which permits "two (2) or more multi -family buildings to be located on the same zoning lot only as part of an approved planned unit development". PUDs are appropriate for higher density residential developments and staff believes that the omission from the Land Use Table 1 was likely an oversight when the land use tables were created in 2009. Elimination of the O/R District Staff proposes to eliminate any reference to the O/R Office Research district where it appears in the zoning code. The last O/R zoned property in the Village was rezoned to I-1 Limited Industrial in 2018. In 20201 the Village adopted Ordinance No. 6528 eliminating Article XX including the purpose of the O/R district, its list of permitted and conditional uses, and the O/R district's bulk regulations. The O/R district was also eliminated from Land Use Table 2. Remnants of the O/R district still remain in the zoning code and will be removed as part of the following proposed text amendments: Chapter 1, Zoning The "Reserved XXIA" status is removed and the "'I-2 Railroad" has been added as a new zoning district under the Chapter 14 heading in the appropriate alphabetical order. Article III, Section 14.306: Accessory Structures The O/R Office Research district has been removed from the standards regulating roof pitch since the O/R district no longer exists. Article III, Section 14.313: Regulations for Personal Wireless Service and Small Wireless Facilities The O/R Office Research district has been removed from the chart governing the placement of all personal wireless service and/or small wireless facilities. Article V1, Section 14.601: Districts "I-2 Railroad" has been added as a new zoning district under Section 14.601.13 and "O/R Office Research" has been removed from the list. KI Article V1, Section 14.604: Land Use Table Land Use Table 1 has been modified to include residential planned unit developments as conditional uses under the R-4 zoning district. Article V1, Section 14.604: Land Use Table The commercial and industrial land use table currently only lists the B-1, B-2, B-3, B-41 B-5, B -5C, I-1 and I-3 districts. The I-2 district has been added to Land Use Table 2 in the appropriate alphabetical order. Land Use Table 2 is also revised to include "Railroad station and platform, and related accessory uses including parking and retail". A shoe repair shop (previously a coffee shop) currently operates within the train station building. A footnote has also been added to Land Use Table 2 that would formally allow these types of service and retail uses to operate within the train station. As part of proposed text amendments approved in August 2020, "Municipal buildings" were expanded to ""Municipal buildings and services" and approved as permitted uses in all zoning districts listed in Land Use Table 2, giving the Village more flexibility should viable properties become available to serve the community. In the same vein, Land Use Table 2 has been modified to add "Municipal buildings and services" as permitted uses in the I-2 district. Article XXIA RESERVED In 2012, through the adoption of Ordinance No. 6029, a new Article XXIB entitled "I-3 Solid Waste Handling District" was added to Chapter 14 and the contents under Article XXIA were repealed. Article XXIA was given a "'Reserved" status. Staff therefore proposes to add the I-2 railroad district requirements under Article XXIA and to remove its ""Reserved" status. The I-2 railroad district requirements include the I-2 district's purpose, the permitted and conditional uses allowed in the I-2 district, and the I-2 district's bulk regulations. These regulations are based on the 1973 Village zoning ordinance. 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 Planning and Zoning Commission held a public hearing on this matter at their October 28th meeting and voted unanimously to recommend approval of the text amendments to the Village Board. 4 Alternatives 1. Approve the ordinance amending Chapter 14 as outlined in the attached documents for case PZ -20-21 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 Attachment A - 2021 Code Changes II - Redline.pdf Attachment B - 2021 Code Changes II - Final.pdf PZ -20-21 50 S. Emerson Street.pdf Waive 2nd Meeting Request.pdf Village of Mount Prospect—Ordinance for Village Code Chapter 14 Amendments.pdf 5 VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 STAFF REPORT FROM THE DEPARTMENT OF Community Development William J. Cooney, AICP Director of Community Development ATE: October 21, 2021 CASE NUMBER PZ -20-21 PUBLIC HEARING DATE October 28, 2021 Ann Choi Development Planner APPLICANT/PROPERTY OWNER Village of Mount Prospect PROPERTY ADDRESS/LOCATION 50 South Emerson Street BRIEF SUMMARY OF REQUEST To create a uniform and consistent zoning code, the Community Development Department is recommending text amendments to the zoning ordinance of the Village Code to reestablish the 1-2 zoning district in Chapter 14 of the Village Code, add residential planned unit developments as conditional uses under the R-4 zoning district, and eliminate references to the O/R District where applicable in Chapter 14 of the Village Code. STAFF RECOMMENDATION APPROVE WITH CONDITIONS DENY PROPOSAL/HISTORY 1-2 Railroad District In the early 1990s, the Village of Mount Prospect undertook a complete overhaul of its zoning ordinance. At the time, the Village's zoning code was a typical suburban code reflective of a rural community focused on growth rather than a mature community with redevelopment as the most common form of expansion. In 1993, the Village adopted Ordinance No. 4590 that introduced new zoning designations for downtown (13-5 central commercial and 13-5C central commercial core districts) and the areas along Northwest Highway. The new zoning districts recognized the smaller commercial lots and zero lot line development of the older areas, brought these properties into conformance with new bulk regulations, and relaxed the parking requirements to allow reasonable change of uses without increasing parking requirements. Ordinance No. 4590 also eliminated the 1-2 zoning district from the zoning text. In 1994, the Village of Mount Prospect recognized that the rezoning of certain properties in the central business district as a result of the 1993 zoning code amendments never met the legal noticing requirements of the zoning ordinance. It was discovered that proper legal notices were never sent to the affected property owners, and therefore these properties were never officially rezoned. The Village determined it was legally obligated to bring the underlying zoning (prior to the 1993 amendments) into compliance with the 1993 map amendments and sent legal notices to over two hundred (200) properties to rezone the properties in the B-5 and 13-5C zoning districts. In 1995, the Village adopted Ordinance No. 4710 formalizing the map amendment. However, Staff has since discovered that the mailing list for the public hearing did not include the property owner at the time for the railroad parcel located at 11 E. Northwest Highway (PIN: 08- Ij 12-500-001), rendering its rezoning invalid. The railroad parcels are listed in Table 1 below. The text on the current 2021 zoning map notes the railroad parcels as 1-2, while they are simultaneously represented by several different zoning district colors (C-R, R-2, R-3, B-5 and 1-1). Table 1: Existine Railroad Parcels No. Address PIN Pre -1993 ....... ...... ..... _-__.. Zoning ._._.u... 1 Part of Northwest Highway betw. 03-33-500-001-0000 1-2 Waterman Av and Forest Av. __ ._ �. 2 Part of Northwest Highway betw. 03-34-500-001-0000 1-2 Forest Av and Central Rd. 11 E. Northwest Hw. 108-12-500-001-0000 I 1-2 Current Proposed Zoning Map Zoning Ma C-R, R-2, R-3, 1-1 1-2 1-1, B-5 J 1-2 B-5 I 1-2 Staff attributes these inconsistencies to several changes that were made to the zoning map over the years to comply with Illinois state statute that requires the Village to update its zoning map annually. These zoning map updates are typically approved on consent via Village Board action. A review of the historical zoning maps from 1993 reveals that portions of the railroad parcels were "recolored" to correspond to adjacent zoning districts. In 2017, as part of the annual map update, the recoloring of the railroad parcels occurred where the B -5C district was expanded to include the surrounding roadways, including the railroad. The recoloring of these railroad parcels were implemented without proper notice to the respective property owner(s). Staff has therefore determined no formal map amendment or rezoning occurred, and the changes to the zoning map are invalid. Thus, the railroad properties have always remained 1-2. Since the 1-2 district currently does not exist in the zoning code, staff proposes to reinstate the 1-2 zoning district in Chapter 14 of the Village Code to establish consistency between the zoning map and the zoning code. Specific regulations for the 1-2 district are also reintroduced based on the pre -1993 code amendments. Residential Planned Unit Developments in the R-4 District The second proposed text amendment would add residential planned unit developments (PUDs) as conditional uses under the R-4 Multi -Family Residence District. The purpose of the R-4 multi -family district is to provide areas for limited concentrations of medium to higher density apartment and multi -family development. The R-4 bulk regulations also make reference to PUDs under Section 14.1304.E.1 which permits "two (2) or more multi -family buildings to be located on the same zoning lot only as part of an approved planned unit development". PUDs are appropriate for higher density residential developments and staff believes that the omission from the Land Use Table 1 was likely an oversight when the land use tables were created in 2009. Elimination of the O R District Staff proposes to eliminate any reference to the O/R Office Research district where it appears in the zoning code. The last O/R zoned property in the Village was rezoned to 1-1 Limited Industrial in 2018. In 2020, the Village adopted Ordinance No. 6528 eliminating Article XX including the purpose of the O/R district, its list of permitted and conditional uses, and the O/R district's bulk regulations. The O/R district was also eliminated from Land Use Table 2. Remnants of the O/R district still remain in the zoning code and will be removed as part of the following proposed text amendments: E 7 Chapter 14, Zoning The "Reserved XXIA" status is removed and the 1-2 Railroad" has been added as a new zoning district under the Chapter 14 heading in the appropriate alphabetical order. Article lll, Section 14.306: Accessory Structures The O/R Office Research district has been removed from the standards regulating roof pitch since the O/R district no longer exists. Article lll, Section 14.313: Regulations for Personal Wireless Service and Small Wireless Facilities The O/R Office Research district has been removed from the chart governing the placement of all personal wireless service and/or small wireless facilities. Article Vl, Section 14.601: Districts 1-2 Railroad" has been added as a new zoning district under Section 14.601.13 and "O/R Office Research" has been removed from the list. Article Vl, Section 14.604: Land Use Table 1 Land Use Table 1 has been modified to include residential planned unit developments as conditional uses under the R-4 zoning district. Article Vl, Section 14.604: Land Use Table 2 The commercial and industrial land use table currently only lists the B-1, B-2, B-3, B-4, B-5, B -5C, 1-1 and 1-3 districts. The 1-2 district has been added to Land Use Table 2 in the appropriate alphabetical order. Land Use Table 2 is also revised to include "Railroad station and platform, and related accessory uses including parking and retail". A shoe repair shop (previously a coffee shop) currently operates within the train station building. A footnote has also been added to Land Use Table 2 that would formally allow these types of service and retail uses to operate within the train station. As part of proposed text amendments approved in August 2020, the Planning and Zoning Commission may recall that "Municipal buildings" were expanded to "Municipal buildings and services" and approved as permitted uses in all zoning districts listed in Land Use Table 2, giving the Village more flexibility should viable properties become available to serve the community. In the same vein, Land Use Table 2 has been modified to add "Municipal buildings and services" as permitted uses in the 1-2 district. Article XXIA RESERVED In 2012, through the adoption of Ordinance No. 6029, a new Article XXIB entitled 1-3 Solid Waste Handling District" was added to Chapter 14 and the contents under Article XXIA were repealed. Article XXIA was given a "Reserved" status. Staff therefore proposes to add the 1-2 railroad district requirements under Article XXIA and to remove its "Reserved" status. The 1-2 railroad district requirements include the 1-2 district's purpose, the permitted and conditional uses allowed in the 1-2 district, and the 1-2 district's bulk regulations. These regulations are based on the 1973 Village zoning ordinance. 3 C3 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; and • The degree to which the amendment would create non -conformity; 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 Attachments A and B. Modifications to each of the chapters are indicated as , ek4k w, and diiticl °.. No 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: 1. "To approve the text amendments as outlined in the attached documents for case PZ -20-21 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. Co ney, AICP Director of Community Development HAPLAMPIanning & Zoning COMM\P&Z 20211Staff Reports\PZ-20-21 50 S Emerson Street (Text Amendments) docx PLANS (Plat of Survey, Site Plan, etc.) OTHER (Supplemental Information, Public Comments Received, etc,,.) 4 9 tl Village of Mount Pru. ect Community Development Department 50 S. Emerson Street �. Mount Prospect, Illinois 60056 FILE 4 Phone: (847) 818-5328 �� VILLAG E EL AT q�,''"' Zoning Request Application RECEIVED Village of Mt. Prospect Official Use Only (To be completed by Village Staff) Case Number: P&Z Date of Submission: `Q; Hearing Date. Project Name/Address: 4b -6..... .._._... I. Subject Property Address(es): Zoning District (s): Parcel Index Number(s) (PIN(s)� II. Zoning Request(s) (Check all that apply) ❑ Conditional Use: For 11 Property Area (Sq. Ft. and/or Acreage): ❑ Variation(s): To ❑ Zoning Map Amendment: Rezone From To Zoning Text Amendment: Section(s) AAA V&MtAb4]6 ❑ Other: IV. Applicant (all correspondence will be sent to the applicant) Name:Corporation. � w...�.....: www ...._. .._ Address: .'AA�*a City, State, ZIP Code: Phone: _ Email. Interest in Property: "a r tA1ttttA'1JJ (e.g. owner, buyer, developer, lessee, archi'I ct,-et ... 1 10 V. Property Owner .._.......�.._...�.__.....__..�.�...... .�.�.� _.......... _. ❑ Check if Same WasWApplicant................_.._...._......wwwwwwww..........................._www ............www.....w.....w Name: Corporation: Address. City, State, ZIP Code: Phone: Email; In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true f rid ac5qratpto the best of my knowledge. Applicant: 11 (Print or Type Name) If applicant is not property owner: Date: YX/... ...�...w_ I 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) 2 Date: 11 Attachment A Proposed Text Amendments (Changes) CHAPTER 14 ZONING Title, Purpose And Intent I Administration And Enforcement II General Provisions III Nonconforming Buildings, Structures And Uses IV Planned Unit Development V Zoning Districts VI C-R Conservation Recreation District VII R -X Single -Family Residence District VIII R-1 Single -Family Residence District IX R -A Single -Family Residence District X R-2 Attached Single -Family Residence District XI R-3 Low -Density Residence District XII R-4 Multi -Family Residence District XIII R-5 Senior Citizen Residence District (Rep. by Ord. 5751, 8-4-2009) XIV B-1 Business Office District XV B-2 Neighborhood Shopping District XVI B-3 Community Shopping District XVII B-4 Corridor Commercial District XVIII B-5 Central Commercial District And B -5C Core Central Commercial District XIX 1-1 Limited Industrial District XXI 12 1-3 Solid Waste Handling District XXIB Off Street Parking And Loading XXII Landscape Requirements XXIII Definitions XXIV Appendix Of Illustrations XXV 14.306: ACCESSORY STRUCTURES: A. General Requirements: The following restrictions on accessory buildings, structures and uses apply to all zoning districts: 1. Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the time of construction of a principal building. 2. Yard Requirements: No accessory building, structure or use shall be located in a required front yard, required side yard or exterior side yard, unless otherwise provided for in this chapter. 3. Height Requirements: a. Residential And Commercial Districts: No detached garage or gazebo shall exceed a maximum height of fifteen feet (15'). No other accessory building/structure shall exceed ten feet (10') in height. b. Industrial, Office Research And Conservation Recreation Districts: No accessory building/structure shall exceed twenty feet (20') in height. 4. Separation Between Buildings: a. A detached accessory building or structure shall be located no closer to the principal building than three feet (3'). Detached garages located between three feet (3') and ten feet (10') from a principal building shall be provided with a five- eighths inch (5/8") drywall finish on the interior walls and ceiling. b. Any structure permanently attached to the principal structure is no longer considered an accessory structure pursuant to article XXIV of this chapter and shall meet the bulk requirements of the zoning district for principal structures, unless otherwise listed as a permitted obstruction in section 14.319 of this article. c. Aboveground swimming pools are permitted to attach to a deck if all required rear and side yard setbacks are met and the deck is designed with a gate between the deck and pool and access is provided to the yard from the deck. d. Pergola support columns shall be located no closer to the principal building than three feet (3'). 5. Number Of Accessory Structures: The maximum number of accessory structures shall not exceed two (2) such structures per zoning lot. Swimming pools and structures listed as permitted obstructions in section 14.319 of this article are exempt from the total number of accessory structures. 6. Shed Restrictions: A shed shall not be utilized to store motor vehicles or as office, work or living space. The storage of household items, equipment to maintain the property and small recreational equipment is permitted. 13 7. Roof Pitch: No accessory structure shall have a roof pitch of less than three to twelve (3:12). Pergolas, arbors, and accessory structures in the 1-1 Limited Industrial; gD C-R Conservation Recreation zoning districts shall be exempt from this requirement. 14.313: REGULATIONS FOR PERSONAL WIRELESS SERVICE AND SMALL WIRELESS FACILITIES: Placement Of Personal Wireless Service And/Or A Small Wireless Facility: A personal wireless service and/or a small wireless facility may be erected or installed only in accordance with this section. The personal wireless service facility shall conform to all minimum setback, yard and height requirements and to all applicable Federal laws and regulations concerning its use and operation. An easement or a lease is required for any new facility on property not owned by the applicant. The following chart shall govern the placement of all personal wireless service and/or small wireless facilities: NP = Not permitted. CU = Conditional use. 14.601: DISTRICTS: For purposes of this chapter, the Village is hereby divided into the following zoning districts: A. Residential districts: C-R Conservation Recreation R -X Single -Family Residence R-1 Single -Family Residence R -A Single -Family Residence R-2 Attached Single -Family Residence R-3 Low -Density Residence R-4 Multi -Family Residence B. Office and business and industrial districts: B-1 Business Office 14 Antenna Standards Height Setbacks Zoning Mono Lattice Guyed Structure Small Adjacent To Not Adjacent to Residential Use District pole Mount' Wire- Residential Use Front Side Rear Front Interior Exterior Rear less Antennas 1-1, 1-37 120' 120' 120' 10' Refer to NP 100% 100% NP 15' 30' 20' section height height 9.8A08 of this Code 14.601: DISTRICTS: For purposes of this chapter, the Village is hereby divided into the following zoning districts: A. Residential districts: C-R Conservation Recreation R -X Single -Family Residence R-1 Single -Family Residence R -A Single -Family Residence R-2 Attached Single -Family Residence R-3 Low -Density Residence R-4 Multi -Family Residence B. Office and business and industrial districts: B-1 Business Office 14 B-2 Neighborhood Shopping B-3 Community Shopping B-4 Corridor Commercial B-5 Central Commercial B -5C Core Central Commercial 4 � �� 1-1 Limited Industrial .........::.............:.:......................:........ 1-3 Solid Waste Handling (Ord. 6286, 12-6-2016) 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, 1-1, Il r 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 Residential planned unit developments C C C C C C 15 LAND USE TABLE 2 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Land Use 13- 13- 13- 13- 13- 13- 1- 1- 1 2 3 4 5 5C 1 3 Municipal buildings and services p p p p p p p 4 p �3z)flroaiIl and 2�gtfogn, and re�atefj �lnllchIdhog pgdsk ) g g�2d "IJ o 0 S �let a Hl uIsll:'(°) ilupl udeir,Nfl do t[ie ii adii oaiii u Isii:l s[)zdH bel 22!irnju&j wl0-11 n the til';:d In M:uJoll"ll bli Jj&-ig II1rmyj (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) ARTICLE XXIA RLE-SPWELD I- 2 1? 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IfJlljllrty fgg(3Q, 17 Attachment B Proposed Text Amendments (Final) CHAPTER 14 ZONING Title, Purpose And Intent I Administration And Enforcement II General Provisions III Nonconforming Buildings, Structures And Uses IV Planned Unit Development V Zoning Districts VI C-R Conservation Recreation District VII R -X Single -Family Residence District VIII R-1 Single -Family Residence District IX R -A Single -Family Residence District X R-2 Attached Single -Family Residence District XI R-3 Low -Density Residence District XII R-4 Multi -Family Residence District XIII R-5 Senior Citizen Residence District (Rep. by Ord. 5751, 8-4-2009) XIV B-1 Business Office District XV B-2 Neighborhood Shopping District XVI B-3 Community Shopping District XVII B-4 Corridor Commercial District XVIII B-5 Central Commercial District And B -5C Core Central Commercial District XIX 1-1 Limited Industrial District XXI 1-2 Railroad XXIA 18 1-3 Solid Waste Handling District XXIB Off Street Parking And Loading XXII Landscape Requirements XXIII Definitions XXIV Appendix Of Illustrations XXV 14.306: ACCESSORY STRUCTURES: A. General Requirements: The following restrictions on accessory buildings, structures and uses apply to all zoning districts: 1. Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the time of construction of a principal building. 2. Yard Requirements: No accessory building, structure or use shall be located in a required front yard, required side yard or exterior side yard, unless otherwise provided for in this chapter. 3. Height Requirements: a. Residential And Commercial Districts: No detached garage or gazebo shall exceed a maximum height of fifteen feet (15'). No other accessory building/structure shall exceed ten feet (10') in height. b. Industrial, Office Research And Conservation Recreation Districts: No accessory building/structure shall exceed twenty feet (20') in height. 4. Separation Between Buildings: a. A detached accessory building or structure shall be located no closer to the principal building than three feet (3'). Detached garages located between three feet (3') and ten feet (10') from a principal building shall be provided with a five- eighths inch (5/8") drywall finish on the interior walls and ceiling. b. Any structure permanently attached to the principal structure is no longer considered an accessory structure pursuant to article XXIV of this chapter and shall meet the bulk requirements of the zoning district for principal structures, unless otherwise listed as a permitted obstruction in section 14.319 of this article. c. Aboveground swimming pools are permitted to attach to a deck if all required rear and side yard setbacks are met and the deck is designed with a gate between the deck and pool and access is provided to the yard from the deck. d. Pergola support columns shall be located no closer to the principal building than three feet (3'). 5. Number Of Accessory Structures: The maximum number of accessory structures shall not exceed two (2) such structures per zoning lot. Swimming pools and structures listed as permitted obstructions in section 14.319 of this article are exempt from the total number of accessory structures. 6. Shed Restrictions: A shed shall not be utilized to store motor vehicles or as office, work or living space. The storage of household items, equipment to maintain the property and small recreational equipment is permitted. 19 7. Roof Pitch: No accessory structure shall have a roof pitch of less than three to twelve (3:12). Pergolas, arbors, and accessory structures in the 1-1 Limited Industrial and C-R Conservation Recreation zoning districts shall be exempt from this requirement. 14.313: REGULATIONS FOR PERSONAL WIRELESS SERVICE AND SMALL WIRELESS FACILITIES: Placement Of Personal Wireless Service And/Or A Small Wireless Facility: A personal wireless service and/or a small wireless facility may be erected or installed only in accordance with this section. The personal wireless service facility shall conform to all minimum setback, yard and height requirements and to all applicable Federal laws and regulations concerning its use and operation. An easement or a lease is required for any new facility on property not owned by the applicant. The following chart shall govern the placement of all personal wireless service and/or small wireless facilities: NP = Not permitted. CU = Conditional use. 14.601: DISTRICTS: For purposes of this chapter, the Village is hereby divided into the following zoning districts: A. Residential districts: C-R Conservation Recreation R -X Single -Family Residence R-1 Single -Family Residence R -A Single -Family Residence R-2 Attached Single -Family Residence R-3 Low -Density Residence R-4 Multi -Family Residence B. Office and business and industrial districts: B-1 Business Office 20 Antenna Standards Height Setbacks Zoning Mono Lattice Guyed Structure Small Adjacent To Not Adjacent to Residential Use District pole Mount' Wire- Residential Use Front Side Rear Front Interior Exterior Rear less Antennas 1-1,1-3 120' 120' 120' 10' Refer to NP 100% 100% NP 15' 30' 20' section height height 9.8A08 of this Code 14.601: DISTRICTS: For purposes of this chapter, the Village is hereby divided into the following zoning districts: A. Residential districts: C-R Conservation Recreation R -X Single -Family Residence R-1 Single -Family Residence R -A Single -Family Residence R-2 Attached Single -Family Residence R-3 Low -Density Residence R-4 Multi -Family Residence B. Office and business and industrial districts: B-1 Business Office 20 B-2 Neighborhood Shopping B-3 Community Shopping B-4 Corridor Commercial B-5 Central Commercial B -5C Core Central Commercial 1-1 Limited Industrial 1-2 Railroad 1-3 Solid Waste Handling (Ord. 6286, 12-6-2016) 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, 1-1, 1-2, 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 Residential planned unit developments C C C C C C 21 LAND USE TABLE 2 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Land Use B- B- B- B- B- B- 1- 1- 1- 1 2 3 4 5 5C 1 2 3 Municipal buildings and services P P P P P P P P P Railroad station and platform, and related accessory uses P1 including parking and retail Notes: 1. Retail use(s) incidental to the railroad use shall be permitted within the train station building only. (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) ARTICLE XXIA 1-2 RAILROAD DISTRICT (Ord. 6029, 9-18-2020) SECTION: 14.21A01: Purpose 14.21A02: Permitted Uses 14.21A03: Conditional Uses 14.21A04: Bulk Regulations 14.21A01: PURPOSE: The 1-2 railroad district is intended to provide an area suitable for railroads and associated services. 14.21A02: PERMITTED USES: Land uses shall be permitted within the 1-2 railroad district in accordance with the provisions listed in section 14.604 of this chapter. 14.21A03: CONDITIONAL USES: Land uses shall be allowed by conditional use within the 1-2 railroad district in accordance with the provisions listed in section 14.604 of this chapter. 14.21A04: BULK REGULATIONS: A. Yard Requirements: All buildings in the 1-1 district shall meet the following setback requirements: 22 1. Front Yard: 30 feet 2. Side Yard: a. Where such 1-2 railroad district abuts a zoning district that requires a side yard, then the side yard requirement of the immediately adjacent properties of the said 1-2 district shall be the same as that district it abuts. b. Where a side yard in an 1-2 railroad district abuts any residential zoning district, the said 1-2 side yard shall be set back forty feet (40') from the abutting property line or fifty feet (50') from any residential building upon the abutting property line, whichever is less. c. In all other instances, the minimum side yard shall be thirty feet (30') from the abutting side lot line. 3. Rear Yard: a. Where such 1-2 railroad district abuts a zoning district that requires a rear yard, then the rear yard requirement of the immediately adjacent properties in the said 1-2 district shall be the same as that district it abuts. b. Where a rear yard in an 1-2 railroad district abuts any residential zoning district, the said 1-2 rear yard shall be set back forty feet (40') from the abutting property line or fifty feet (50') from any residential building upon the abutting property line, whichever is less. c. In all other instances, the minimum rear yard shall be thirty feet (30') from the abutting rear lot line. 4. Lot Coverage: The total area of all buildings, structures, and parking lots in an 1-2 district shall be no more than seventy five percent (75%) of the total land area. 5. Building Height: The maximum height of any building in the 1-2 district shall be thirty feet (30'). 23 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -20-21 Hearing Date: October 28, 2021 PROPERTY ADDRESS: 50 S. Emerson Street PETITIONER: Village of Mount Prospect PUBLICATION DATE: October 13, 2021 REQUEST: Text Amendments to Chapter 14 of the Village Code MEMBERS PRESENT: William Beattie Norbert Mizwicki Walter Szymczak Joseph Donnelly MEMBERS ABSENT: Donald Olsen Thomas Fitzgerald Lisa Griffin STAFF MEMBERS PRESENT William J. 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 Symczak to approve the minutes from the Planning and Zoning Commission meeting on September 9, 2021. The minutes were approved 4-0. After hearing one previous case, Chairman Donnelly introduced case, PZ -20-21 50 S. Emerson Street for text amendments to the zoning code. This case is Village Board final. Ms. Choi stated the Village is proposing to reestablish the 1-2 zoning district and address some minor clean-ups to the zoning code. Ms. Choi provided some history on the 1-2 zoning district and explained that in 1993, as part of a major overhaul of the zoning ordinance, new zoning designations, the B-5 central commercial and B -5C central commercial core districts, were introduced for downtown and for the areas along Northwest Highway. The 1993 zoning code update also eliminated the 1-2 zoning district from the zoning text. Ms. Choi stated that in 1995, the Village discovered that the property owners were never given notice of the 1993 rezoning of their properties and steps were taken to rectify that error. Ms. Choi further stated that over two hundred property owners were notified to carefully rezone each property but the railroad parcels were excluded from the rezoning efforts and have remained 1-2 since. However, with each Planning & Zoning Commission Meeting- October 28, 2021 PZ -20-21 Joseph Donnelly, Chair 24 annual update of the zoning map, Ms. Choi pointed out that staff had erroneously recolored the three railroad parcels to the adjacent districts. Ms. Choi presented the current 2021 zoning map which highlighted the three railroad parcels. Ms. Choi pointed out that the Village historically treated the railroad parcels as rights-of-way, and were recolored to match the adjacent zoning districts C-R, R-3, R-2, 1-1 and B-5 districts. Ms. Choi emphasized that the 1-2 text has, however, remained on the zoning map. Ms. Choi stated that staff would like to reestablish the 1-2 district in the zoning code text to the pre -1993 code amendment to establish consistency between the zoning map and the zoning code. If approved, the 2022 zoning map update would bring back the I-2 district in the legend, and reflect the appropriate colors for the three railroad parcels. Ms. Choi explained that the other proposed text amendments are minor clean-ups to the zoning ordinance. Land Use Table 1 would be amended to include residential planned unit developments as a conditional use in the R-4 zoning district. Ms. Choi pointed out that there are several existing residential PUDs in the Village that were approved as conditional uses in the R-4 zoning district. Ms. Choi stated that the proposed text amendments also include updating the zoning code to eliminate the remaining instances of the O/R zoning district from the zoning ordinance since this district no longer exists. Ms. Choi stated that the last 0/R zoned property in the Village was rezoned to 1-1 Limited Industrial in 2018. In 2020, the Village adopted Ordinance No. 6528 eliminating Article XX including the purpose of the O/R district, its list of permitted and conditional uses, and the O/R district's bulk regulations. Ms. Choi stated that staff recommends that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and approve the following motion: 1. "To approve the text amendments as outlined in the attached documents for case PZ -20-21 which should perform certain amendments to the text of the Village's zoning regulations." Ms. Choi stated the case is Village Board final. Chairman Donnelly asked if there were any questions from the commissioners. Hearing no discussion or questions, Chairman Donnelly asked for a motion. Commissioner Beattie made a motion seconded by Commissioner Symczak to approve the following motion: 1. "To approve the text amendments as outlined in the attached documents for case PZ -20-21 which should perform certain amendments to the text of the Village's zoning regulations." Planning & Zoning Commission Meeting- October 28, 2021 Joseph Donnelly, Chair PZ -20-21 25 UPON ROLL CALL AYES: Beattie, Mizwicki, Szymczak, Donnelly NAYS: None The motion was approved by a vote of 4-0. Commissioner Beattie made a motion seconded by Commissioner Mizwicki and the meeting was adjourned at 7:26 PM. I Ann Choi Development Planner Planning & Zoning Commission Meeting- October 28, 2021 Joseph Donnelly, Chair PZ -20-21 William J. Cooney, AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 or Via fax: 847/818-5329 or Via email: bcooney@mountprospect.org Dear Mr. Cooney, Staff would like to move forward and request that the Village Board waive the 2nd reading as required by the Village Board as the amendments are in the best interest of the Village. The proposed amendments reflect the current Village objectives as outlined in the Comprehensive Plan and other accepted planning documents. Sincerely, Ann Choi Development Planner Village of Mount Prospect 27 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: "Reserved XXIA" of the table of contents to Chapter 14, "Zoning" to the Mount Prospect Village Code shall be amended to read as follows: I-2 Railroad XXIA SECTION 2: Subsection A (7) 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: 7. Roof Pitch: No accessory structure shall have a roof pitch of less than three to twelve (3:12). Pergolas, arbors, and accessory structures in the I-1 Limited Industrial and C- R Conservation Recreation zoning districts shall be exempt from this requirement. SECTION 3: The `Antenna Standards Height' table in Subsection E of 14.313, "Regulations for Personal Wireless Service and Small Wireless Facilities," of Article III, "General Provisions," to Chapter 14, "Zoning" to the Mount Prospect Village Code shall be amended to remove "O/R" and now read as follows: 500298_1 1 28 SECTION 4: Subsection B of Section 14.601, "Districts," of Article VI, "Zoning Districts," to Chapter 14, "Zoning" to the Mount Prospect Village Code shall be amended to read as follows: B. Office and business and industrial districts: B-1 Business Office B-2 Neighborhood Shopping B-3 Community Shopping B-4 Corridor Commercial B-5 Central Commercial B -5C Core Central Commercial I-1 Limited Industrial I-2 Railroad I-3 Solid Waste Handling SECTION 5: The text 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 read as follows: 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, I-1, I-2, 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. SECTION 6: Subsection "Residential planned unit developments" of "Land Use Table 1: "Residential and Recreational Zoning Districts," of Section 14.604, "Land Use Tables," of 500298_1 2 29 Antenna Standards Hei ht Setbacks Zoning Mono Lattice Guyed Structure Small Adjacent to Not Adjacent to Residential Use District pole Mount' Wire -less Residential Use Front Side Rear Front Interior Exterior Rear Antennas 1-1,1-3 120' 120' 120' 10' Refer to NP 100% 100% NP 15' 30' 20' section height height 9.8A08 of this Code SECTION 4: Subsection B of Section 14.601, "Districts," of Article VI, "Zoning Districts," to Chapter 14, "Zoning" to the Mount Prospect Village Code shall be amended to read as follows: B. Office and business and industrial districts: B-1 Business Office B-2 Neighborhood Shopping B-3 Community Shopping B-4 Corridor Commercial B-5 Central Commercial B -5C Core Central Commercial I-1 Limited Industrial I-2 Railroad I-3 Solid Waste Handling SECTION 5: The text 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 read as follows: 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, I-1, I-2, 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. SECTION 6: Subsection "Residential planned unit developments" of "Land Use Table 1: "Residential and Recreational Zoning Districts," of Section 14.604, "Land Use Tables," of 500298_1 2 29 Article VI, "Zoning Districts," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be amended to read as follows: Residential planned unit developments I I C I C I C C C C SECTION 7: 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 column: Land Use B- B- B- B- B- B- I- I- I- 1 2 3 4 5 5C 1 2 3 SECTION 8: Subsection "Municipal buildings and services" of 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 read as follows: Municipal buildings and services P I P P P P P P I P P 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 and note: Railroad station and platform, and related accessory P1 uses including parking and retail Notes: 1. Retail use(s) incidental to the railroad use shall be permitted within the train station building only. SECTION 10: Article XXIA, "Reserved," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be renamed "I-2 Railroad District" and amended to include the following text: 500298_1 3 30 SECTION: 14.21A01: Purpose 14.21A02: Permitted Uses 14.21A03: Conditional Uses 14.21A04: Bulk Regulations 14.21A01: PURPOSE: The I-2 railroad district is intended to provide an area suitable for railroads and associated services. 14.21A02: PERMITTED USES: Land uses shall be permitted within the I-2 railroad district in accordance with the provisions listed in section 14.604 of this chapter. 14.21A03: CONDITIONAL USES: Land uses shall be allowed by conditional use within the I-2 railroad district in accordance with the provisions listed in section 14.604 of this chapter. 14.21A04: BULK REGULATIONS: A. Yard Requirements: All buildings in the I -I district shall meet the following setback requirements: 1. Front Yard: 30 feet 2. Side Yard: a. Where such I-2 railroad district abuts a zoning district that requires a side yard, then the side yard requirement of the immediately adjacent properties of the said I-2 district shall be the same as that district it abuts. b. Where a side yard in an I-2 railroad district abuts any residential zoning district, the said I-2 side yard shall be set back forty feet (40') from the abutting property line or fifty feet (50') from any residential building upon the abutting property line, whichever is less. c. In all other instances, the minimum side yard shall be thirty feet (30') from the abutting side lot line. 3. Rear Yard: a. Where such I-2 railroad district abuts a zoning district that requires a rear yard, then the rear yard requirement of the immediately adjacent properties in the said I-2 district shall be the same as that district it abuts. 500298_1 4 31 b. Where a rear yard in an I-2 railroad district abuts any residential zoning district, the said I-2 rear yard shall be set back forty feet (40') from the abutting property line or fifty feet (50') from any residential building upon the abutting property line, whichever is less. c. In all other instances, the minimum rear yard shall be thirty feet (30') from the abutting rear lot line. 4. Lot Coverage: The total area of all buildings, structures, and parking lots in an I-2 district shall be no more than seventy five percent (75%) of the total land area. 5. Building Height: The maximum height of any building in the 1-2 district shall be thirty feet (30'). SECTION 11: 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 November, 2021, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED this day of November, 2021, by the Village Mayor of the Village of Mount Prospect, and attested by the Village Clerk, on the same day. Paul Wm. Hoefert Village Mayor APPROVED and FILED in my office this day of November, 2021 and published in pamphlet form in the Village of Mount Prospect, Cook County, Illinois. ATTEST: Karen Agoranos Village Clerk- 5002981 lerk 5002981 5 32