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HomeMy WebLinkAboutOrd 4327 07/02/1991 ORDINANCE NO. .4327 AN ORDINANCE AMENDING SPECIFIED SECTIONS OF CHAPTER 14 OF THE VILLAGE CODE OF MOUNT PROSPECT PASSED. AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 2nd day of July , 1991 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 15th day of July , 1991. DC/ 6/13/91 6/27/91 ORDINANCE NO. 4327 AN ORDINANCE AMENDING SPECIFIED SECTIONS OF CHAPTER 14 (ZONING ORDINANCE~ OF THE VILLAGE CODE OF MOUNT PROSPECT W~EREAS, the Village of Mount Prospect, through its administration, (hereinafter referred to as "Petitioner"), has filed an application for text amendments to specified Sections of Chapter 14 entitled "Zoning Ordinance"; and WHEREAS, Petitioner proposes text amendments to specified Sections of Chapter 14 (Zoning Ordinance) relative to requirements for home occupations, as follows: Amendment to DELETE the wording "A professional office, except that a surgeon, physician, dentist, lawyer, clergyman or other professional person using his resident for cusultation, emergency treatment, or for the performance of religious rites only and not for general practices of his profession." from the following Sections, as specifically excluded uses: R-X District 14.1001.B.5 R-2 District 14.1301.B.4 R-1 District 14.1101.B.5 R-3 District 14.1401.B.5 R-A District 14.1201.B.5 R-4 District 14.1501.B.5 ADD to Section 14.2602 a definition of Home Occupations and standards for Home Occupations in Section 14.116. WHEREAS, a public hearing was held on the request for a text amendment, being the subject of ZBA Case No. 96-A-90, before the Zoning Board of Appeals of the Village of Mount Prospect on the 13th day of December, 1990, pursuant to due and proper legal notice thereof published in the Mount Prospect Herald on the 27th day of November, 1990; and W~EREAS, the Zoning Board of Appeals has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village of Mount Prospect have further considered the text amendment requested and find that it would be in the best interest of the Village to grant the request being the subject of ZBA-96-A- 90. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That the following Sections: Section 14.1001.B.5 (R-X District) Section 14.1101.B.5 (R-1 District) Section 14.1201.B. 5 (R-A District) Section 14.1301.B.4 (R-2 District) Section 14.1401.B.5 (R-3 District) Section 14.1501.B.5 (R-4 District) are hereby amended by deleting the words "A professional office, except that a surgeon, physician, dentist, lawyer, clergyman or other professional person using his residence for consultation, emergency treatment or the performance of religious rites only and not for the general practice of his profession." and that Section 14.1301.B.5 be renumbered to read Section 14.1301.B.4. Home Occupations Page 2 of 3 SECTION THREE: That Section 14.2602 is hereby amended by adding the definition of "Home Occupation" in proper alphabetical sequence which definition establishes standards for home occupations: " HOME OCCUPATION: Home Occupation is an accessory use conducted completely within a dwelling unit and clearly incidental and secondary to the use of the dwelling for residential purposes. No home occupation or part of any home occupation shall be conducted in an attached or detached garage. A home occupation may include a for-profit home business or a home office for a resident who may work for another employer, or contract or consult with another company or individual. Any home occupation or home business is subject to the standards set forth in Section 14.116 of this Chapter 14. " SECTION FOUR: That Article I entitled "General" of Chapter 14 (Zonfng Ordinance) of the Village Code of Mount Prospect, as amended, is hereby further amended by adding thereto Section 14.116 entitled "Standards for Home Occupations"; so that hereinafter said Article I of Chapter 14 shall including the following: " Sec. 14.116. Standards for Home Occupations. Home Occupations, as defined in Section 14.2602 of this Chapter 14, shall be governed by the following standards to ensure that they are conducted in a manner that does not have any adverse impact on a residential area, or infringe on the rights of adjoining property owners. 1. There shall be no sign displayed in conjunction with a home occupation. The purpose of this standard is to assure that no commercial signs are displayed in residential areas. 2. There shall be no separate entrance for use by a home occupation, or any exterior alteration to a dwelling unit that will indicate from the exterior that any part of the residence is being used for any purpose other than that of a dwelling. The entrance to any space devoted to a home occupation shall be from within the dwelling. The purpose .of this standard is to prohibit any alterations to a dwelling solely to accommodate a home occupation. 3. Storage of inventory maintained at a residence in conjunction with a home occupation shall not exceed 100 cubic feet. The purpose of this standard is to limit any storage to an amount that could readily be stored in a closet. 4. There shall be no noise, odor, dust, vibration, smoke glare, television or radio interference, electrical interference, fire hazard or any other hazard emanating from the dwelling. No home occupation shall involve the use or production of noxious, toxic or harmful materials. The purpose of this standard is to ensure that'a home occupation has no adverse environmental impact on adjoining properties. 5. No person shall be employed other than a member of the immediate family residing in the dwelling unit, and no employees other than persons residing on the premises shall report to work at or near the premises. The purpose of this standard is to ensure that no non-resident comes to a dwelling for employment purposes, and to minimize the 'traffic generated by a home occupation. ome Occupations Page 3 of 3 6. No home occupation shall generate customer, client or group visits of a greater frequency than would be expected in a residential area without a home occupation exists. Any need for parking generated by a Home Occupation shall be provided on-site and shall not exceed the required parking for a dwelling unit. This purpose of this standard is to limit the frequency of customer or client visits to an amount which is not disruptive to a neighborhood and eliminates congestion on public streets. 7. The home occupation shall not utilize more.than 25% of the ~gross floor area of the dwelling unit. The purpose of this standard is to assure that the home occupation remains incidental to the residential use of the structure. 8. No outside storage of any kind related to a home occupation shall be permitted. 9. Any contracting or service business truck used as part of a home occupation shall be permitted up to a licensed weight of 8,000 lbs., but shall be parked in a garage. No garage shall exceed the accessory building standards of Section 141102.B of this Chapter 14. Trucks with a licensed weight or more than 8,001 lbs. are prohibited from being parked at the residence. 10. No contracting or service equipment or materials shall be stored on the premises, except in a permitted truck used for transporting equipment or materials between jobs. No loading or unloading of equipment or materials shall be done on the premises. No trailer used for commercial contracting or service uses shall be permitted for equipment storage in a residential area, and shall not be parked on the premises. 11. ~Private instruction as a hume occupation is permitted but is limited to no more than three pupils at a time. " SECTION FIVE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in a manner approved by law. AYES: Busse,' Floros, Hoefert, Farley NAYS: None ABSTAIN: Clowes, Wilks ABSENT: None PASSED and APPROVED this 2nd day of Jll]y , 1991. Gerald ~/Farley ATTEST: Village President Carol A. Fields Village Clerk