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HomeMy WebLinkAboutOrd 784 09/05/1961 10/8/3 J:/6 1 ~ ~ ORDINANCE NO. --1.f-1.. AN ORDINANCE AT'iIENDING AND S UPPLEIilElifTING frEE ZONING ORDINANCE OF MOlJ1.1T .PROSPEC:l' AND CREATING A SPEC IAL USE PROVISION THEREIN ~{EREAS, the Board of Appeals of the Village of Mount Prospect, sitting as a zoning co~nission at a public meeting duly hela~according to law (Appeal No. 61- 2~ ), considered the ques- tion of amending and supplementing the Zoning Ordinance of Mount Prospect, including the establisrunent of a special use provision therein, and WliEREAS, a tentative ordinance was dul the Mount Prospect Herald on the 10 day of preceding the meeting and in full accordance wit in , 196 I , and - WHEHEAS, the President and Board of Trustees of the Village of Mount Prospect, having considered the recommendation of said Board of Appeals acting as a zoning commission, find and believe that the adoption of said ordinance amending and supple- menting the Zoning Ordinance of Mount Prospect so as to provide for a special use is desirable and to the best interests of said Village, NOW, THEREFORE, BE rr OHDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, IllinOis: Section 1. That an ordinance entitled "An ordinance classifying, regulating and restricting the location of trades and industries and the location of buildings designed for specified uses; regulating and limiting the height and bulk of buildings hereafter erected or altered, regulating and limiting the intensity of the use of' lot areas and regulating and deter- mining the area of' yards, courts and other open spaces within and surrounding such buildings; establishing the boundaries of' districts for the said purposes; and prescribing penalties f'or the violation of its provisions" passed and approved December 4-, 1923, and amendments thereto, and known as Ordinance No. 52, as amended by an ordinance known and cited as the Zoning Ordinance of' Ti10unt Prospect, passed and approved May 2, 1944, and as sub- sequently amended and supplemented as follows: To add thereto Section 3.02 SPECIAL USES: (a) Purpose. The development and execution of' a zoning ordinance is based upon the division of' the Village into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristi~s, cannot be properly classified in any particular district or dlS- tricts without consideration, in each case of the impact of those uses upon neighboring land and of the public need for the particu- lar use at the particular location. Such special uses fall into two categories: (1) Uses publically operated or traditionally affected with a public interest; "v"" (2) Uses entirely private in character but of such an unusual nature that their operation may give rise to unique prob- lems with respect to their impact upon neighboring property or public facilities. (b) Initiation of Special Use. Any person, firm or corporation owning or lmving an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this ordinance in the zoning district in which the land is situated. (c) Application for Special Use. An application for a special use or expansion of a special use shall be f'iled with the Village Clerk on a form prescribed by the Village Manager. The application shall be accompanied by such plans and/or data pre- scribed by the Village T!Ianager and shall include a statement .in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in paragraph (f) of this Section 3.02. Cd) Hearing on Application. Upon receipt in proper form of the application and statement referred to in paragraph (c) of this Section, the Board of Eppeals shall hold at least one public hearing after notice as provided in Section 16 (c) <'5) hereof. (e) Authorization. For each application for a special use the Board of Appeals shall report to the President and Board of Trustees its findings and reco~mendation, including the sti- pulations of additional conditions, and guarantees that such con- ditions will be complied with when they are deemed necessary for the protection of the public interest. The Board of Trustees, subject to the requirements of this Section and the Statutes of the State of Illinois, may grant or deny any application for a special. use. Special uses sball only become effective by an ordinance duly passed by the President and Board of Trustees. (f) Standards. No special use shall be adopted by the Board unless the following standards are found to exist: (1) That the establisrunent, maintenance or operation of the special use will not be detrhlental to or endanger the public health, safety, morals, comfort or general welfare. (2) That the special use will not be injurious to the use and enjoyment of other property in the inunediate vicinity for the purposes already per1llitted, nor substantially diminish and impair property values within the neighborhood. (3) That the establishment of the sp&cial use will not impede the normal and orderly development and improvement of sur- rounding property for uses permitted in the district. (4) That adequate utilities, access roads, draingge~ and/or other necessary facilities have been or are being proviaed. (S) That adequate .ealUHs have bee. or will be talten to proy1.. ingre.s and egress ao de.igned aa to M1n1~.e trattl. conseatioD in the publlc .tr.etl. (6) !hat the .,eclal ule shall 11'1 all otAer respect. cont"ol'lL to the applicable replation. ot the di.triet 111 wblca It ls located, except aa luch regulations IU.'J' 11'1 each iDatanoe be =4i11e4 b7 tbe Board ot Truste.s purS\1lmt to the reeo...ndatlon ot tbe Board ot APpeals. (I) Conditions and Guarantl... Prior to the grantiDl ot aDJ .p.cl~ use the Board ot Appeall ~ reco...n4, and the Board of Trult.es shall. stipulate, .ueh conditions and re.trio- tiona upon tDe .stabll...nt, location, cOllltruction, maintenance and operation ot the apeeial use as deemed nec..s8.rJ' tor the pro- tectioD of the public tnterelt and to seoure co~liane. with tbe standards and require..ntl lpecified 111 paragaph (t) of thi. Seetlon. 111 all cales in which special u..a are p-qte. the Board ot Tr\18t... ehall require luell eyidence and parantie. al it -., de.. nec..e&1'7 as proot tl1at the conditione atIpu1at~4 ill connec- tion there.ith are being, aDd will be, cOlIPlled with. (h) Require.Dte tor Authori.ed Special Usea. Each .pecialu.. hereatter authori.ed .ball be required to ad1lere to the ott-street parking, heighte and .et-back regUlatIons of thil ordinmce applicable to the particular us. diltriot 1a which the special use i8 authorlzed. (i) Reyocation. In aDJ oale where a Ipecial Wle haa not bee~ .stabliahed wit1d.1\ one ,.ear after the date o~ the grant- ing tb.reo~, then without ~urther action OJ' the a.artl of APpeals or Boardo~ Trustees, the special us. authorization ahall be null and yoid. . . . Section 2. 1'0 uuaend Section 8, 1...1 Diatrict, paragraph (a) ot tbll ZoniDg Ot.-dinance o~ the Villaee of Mount Prospect b7 add1ng the ~ollowil.1St "14. 'fruck and bus terainall and the garaglq and parkins.ot..aaid vehicle. al a .pecial u.. only." Section 3. To amend Section " 1-2 District ot the Zoning Ordinance of tbe Village of !,Iount Prospect b1 adding the tollowing: "lS. '!'ruck: and bus terBdnall and i;he larag!Dg and. parking ot . .aid vehicle. as a epeclal use onl7." Section 4. To ...nd Section 16, Board ot APpeal8, paragraph B, Jurisdiction of the Zoning ordinance. ot Mount Prospect, b7 adding the tollowiD.g~ "It shall hold a hearir1g and nblJl1t reco_nelation. to the president andBoard of !l.'r1l8tees concerning applications tor .pecial us.. in acoordanee with Section 3.02 of the Zoning Ordinances ot the Village of Mount Prospect." . Section 5. Penalty. This ordinance shall be adminis'" tered. and entorced bJ' the Superintendent ot Building COD.8tructlon, who is berebJ' designated as the enforcing ofticer. The Superin- tendent ot Building Construction mq institute, in the nauae 01' the Village ot MounteProapect, any appropriate action or proce.d- ing. . against a violat()r as provided b'f statute. Art1' person, tirm. or corporation, or agents, emplo.,e.. or contractor8 ot such, who violat., di80be,., omit, neglect, 01' ret\18e to cOllp17 with, or who resist entorcement ot any ot the provilions ot this ordinance, ahall be subjected to a tine ot not le s. than 110.00 nor lII01'e than $100.00 tor each ottense; each daJ tbat a violation 18 permitted to exist aball constitute a separate ottenae. BeetloD 6. 'hi. or41lW1oe .h&11 1M 18 hll tOl'oe ... .tt.ct ~0Il aDd &n.r 1ta p"I&88, approyal ..4 pllb1ieat1oQ. acoordillS to law. . PASSED '818 ~/ , ~ of ..J i.d ti~'1 I~ 1961. daJ ot ~;J;:;~~ 1961 APPROVBD mIS .. ,---- ~ ~ Atte.t: ~~~~.LJ~)~ ap er tV C!)~ PUBLISHED 1D tile Hoat Proapeot Herald tAli ~ 1 cia,. ot ~1:--J~ ~9'1.., .. .