HomeMy WebLinkAbout8.3 Motion to waive the rule requiring two readings and adopt AN ORDINANCE GRANTING A CONDITIONAL USE (DRIVE-THROUGH LANES) FOR THE PROPERTY LOCATED AT 201 EAST EUCLID AVENUE, MOUNT PROSPECT, ILLINOIS (PZ-05-26)
ORDINANCE NO. ___________
AN ORDINANCE AMENDING CHAPTER 14 “ZONING” OF THE VILLAGE
CODE OF THE VILLAGE 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: Section 14.202, “Organization,” of Article II,
“Administration and Enforcement,” to Chapter 14, “Zoning” to the Mount
Prospect Village Code shall be amended in its entirety to read as follows:
The administration of this chapter is hereby vested in the following
elected and appointed boards and professional staff:
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Village board of trustees
Planning and zoning commission
Director of community development
The administrative functions of this chapter are as follows:
Zoning compliance reviews
Issuance of certificates of occupancy
Variations
Text and map amendments
Appeals
Conditional uses
Public hearings
Fees and penalties
Administrative variations
Administrative conditional uses
SECTION 2: Subsection A (1) 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 in
its entirety to read as follows:
1. Receive recommendations from the planning and zoning
commission concerning all text and map amendments, certain
conditional use permits, certain variations and to approve or
disapprove any such recommendation from the planning and zoning
commission.
SECTION 3: Subsection B (1) of Section 14.202, “Administrative Bodies
and Specific Duties,” of Article II, “Administration and Enforcement,” to
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Chapter 14, “Zoning” to the Mount Prospect Village Code shall be amended in
its entirety to read as follows:
1. To hear petitions for certain variations, certain conditional use
permits, map and text amendments and prepare recommendations to
the village board regarding such petitions.
SECTION 4: Subsection B (2) 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 in
its entirety to read as follows:
2. To hear and decide as final administrative authority, all petitions for
fence variations, all conditional use petitions for fences in the R-X, R-1,
and R-A zoning districts, conditional use petitions for accessory
structures in the R-X, R-1, and R-A zoning districts, and conditional uses
for residential setback reductions in the R-X, R-1, and R-A zoning
districts which do not exceed twenty five percent (25%) of any
requirement of this chapter. The planning and zoning commission shall
also hear and decide variations which do not exceed twenty five percent
(25%) of any requirement of this chapter. The planning and zoning
commission shall not hear and decide as final administrative authority
any petitions for administrative variations and/or administrative
conditional uses.
SECTION 5: Subsection C (2) of Section 14.202, “Administrative Bodies
and Specific Duties,” of Article II, “Administration and Enforcement,” to
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Chapter 14, “Zoning” to the Mount Prospect Village Code shall be amended in
its entirety to read as follows:
2. Forward to the planning and zoning commission all applications for
appeals; variations, except for administrative variations; conditional
uses, except for administrative conditional uses; map or text
amendments; or other matters on which the planning and zoning
commission is required to review under this chapter.
SECTION 6: Subsection C (4) 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 in
its entirety to read as follows:
4. Maintain possession of appropriate records and files pertaining to
the zoning ordinance, including, but not limited to, zoning maps,
amendments, conditional uses, administrative conditional uses,
variations, administrative variations, and appeals.
SECTION 7: Subsection C (9) 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 in
its entirety to read as follows:
9. Conduct administrative hearings and make final determinations on
administrative variations and administrative conditional uses.
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SECTION 8: 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 add
subsection (D) as follows:
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D. TABLE OF ADMINISTRATIVE BODIES AND SPECIFIC DUTIES:
Final Authority
Director of Planning
Village
Community & Zoning
Board
Development Commission
VARIATIONS Administrative Standard Standard
Parking requirements for uses
All - -
in excess of 2,500 square feet
in the B-5/B-5C districts
Fences in nonsingle-family - All -
residential districts
Sign variations - All -
All other Chapter 14 zoning - ≤25% >25%
requirements
CONDITIONAL USES Administrative Standard Standard
Existing nonconforming All - -
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accessory structures
Relief from accessory - All -
structure requirements in
single-family residential
districts
Setback reductions in - ≤25% >25%
required yards in single-family
residential zoning districts
Fences in single-family - All -
residential districts
1 Applicable structures shall: (i) be replaced with the same type of structure, (ii) not exceed a total
of two (2) accessory structures per lot of record, (iii) extend into no more than forty percent (40%) of
the required interior side yard setback, and (iv) extend into no more than ten percent (10%) of the
rear yard setback.
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SECTION 9: The heading of Subsection C of Section 14.203,
“Procedures For Administrative Functions,” of Article II, “Administration and
Enforcement,” to Chapter 14, “Zoning” to the Mount Prospect Village Code
shall be amended to read as follows:
C. Variations and Administrative Variations:
SECTION 10: Subsection C (1) of Section 14.203, “Procedures For
Administrative Functions,” of Article II, “Administration and Enforcement,” to
Chapter 14, “Zoning” to the Mount Prospect Village Code shall be amended in
its entirety to read as follows:
1. Intent: Variations shall be granted or recommended for approval
only where the planning and zoning commission, or in the case of
administrative variations, the director of community development,
makes findings of fact in accordance with the standards set forth in this
chapter, and further finds that the regulations of this chapter will
impose practical difficulties or particular hardships on the petitioner in
carrying out the strict letter of the regulations of this chapter.
SECTION 11: Subsection C (2) of Section 14.203, “Procedures For
Administrative Functions,” of Article II, “Administration and Enforcement,” to
Chapter 14, “Zoning” to the Mount Prospect Village Code shall be amended in
its entirety to read as follows:
2. Authority: The director of community development may, after an
administrative hearing, grant an administrative variation as provided in
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this chapter. The planning and zoning commission may, after a public
hearing, grant or recommend for approval a variation in harmony with
the general purpose and intent of this chapter.
SECTION 12: Subsection C (3) of Section 14.203, “Procedures For
Administrative Functions,” of Article II, “Administration and Enforcement,” to
Chapter 14, “Zoning” to the Mount Prospect Village Code shall be amended in
its entirety to read as follows:
3. Initiation: An application for an administrative variation or variation
may be made by any person, firm, other entity, corporation, or by any
governmental entity requesting or intending to request application for a
building permit.
SECTION 13: Subsection C (4) of Section 14.203, “Procedures For
Administrative Functions,” of Article II, “Administration and Enforcement,” to
Chapter 14, “Zoning” to the Mount Prospect Village Code shall be amended in
its entirety to read as follows:
4. Filing Of Applications: An application for an administrative variation
or variation shall be filed with the director of community development
on forms obtained from the community development department. Such
form shall include all information necessary for processing the request,
including, but not limited to, a statement on specific hardship, the
extent of variation requested, legal description of subject property,
survey, site plan, appropriate proof of ownership, or proof of authority.
The application form may be revised from time to time. The application
shall be filed with the appropriate fee in an amount established by the
board of trustees.
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SECTION 14: Subsection C (5) of Section 14.203, “Procedures For
Administrative Functions,” of Article II, “Administration and Enforcement,” to
Chapter 14, “Zoning” to the Mount Prospect Village Code shall be amended in
its entirety to read as follows:
5. Public Hearing: Public hearings for variations and administrative
variations shall be held in compliance with state statutes and
provisions of this chapter as described in subsection G or subsection H
of this section.
SECTION 15: Subsection C (6) of Section 14.203, “Procedures For
Administrative Functions,” of Article II, “Administration and Enforcement,” to
Chapter 14, “Zoning” to the Mount Prospect Village Code shall be amended in
its entirety to read as follows:
6. Action By Planning And Zoning Commission: The planning and
zoning commission shall hear and decide as final administrative
authority, all petitions for fence variations in nonsingle-family
residential districts and variations which do not exceed twenty five
percent (25%) of any requirement of this chapter.
The planning and zoning commission shall make recommendations to
the village board on all variations which are more than twenty-five
percent (25%) of any requirement of this chapter.
In all petitions for variations, the planning and zoning commission shall
make findings of fact based on the standards listed in subsection C9 of
this chapter. In all petitions for administrative variations, the planning
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and zoning commission shall make findings of fact based on the
standards listed in subsection C11c of this chapter.
SECTION 16: Subsection C (11) of Section 14.203, “Procedures For
Administrative Functions,” of Article II, “Administration and Enforcement,” to
Chapter 14, “Zoning” to the Mount Prospect Village Code shall be amended in
its entirety to read as follows:
11. Administrative Variations:
a. Action By Director Of Community Development: The director of
community development shall consider the following
administrative variations and may either administratively approve
or remand to the Planning and Zoning Commission for further
action. The following types of relief are eligible as administrative
variations, and requests that are not included in this eligibility list
may apply for a standard variation:
(1) Parking requirements for uses in excess of two
thousand five hundred (2,500) square feet in floor area
located in the B-5 central commercial district and B-5C
core central commercial district.
b. Filing of Application: All applications for administrative
variations shall be made on an appropriate application form
provided by the Village. The application for administrative
variations shall be filed and processed in the manner prescribed for
variations and shall be accompanied by the following information:
(1) Said application shall contain the following information:
(A) Zoning Request Application / Petition for Hearing;
(B) Affidavit of Ownership;
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(C) Proof of Ownership;
(D) Paid receipt of the most recent tax bill;
(E) Responses to applicable standards;
(F) Plat of Survey;
(G) Site plan;
(H) Building elevation(s), existing and proposed, if
applicable;
(I) Floor plans, if applicable;
(J) Preliminary engineering plans, if applicable;
(K) Legal description of the subject property;
(L) Any other information deemed necessary by the
Village.
c. Standards for Administrative Variations:
(1) For an administrative variation request considering a
reduction in the minimum number of required parking spaces
in the B-5 central commercial district and B-5C core central
commercial district, the director of community development
shall make findings of fact based on the petition and public
input according to the following standards:
(A) Whether the requested relief will be out of
character with the neighborhood.
(B) Whether there are other properties within the
same zoning district, which have received a variation from
the same regulation.
(C) Whether there is public parking available within
one thousand feet (1,000').
(D) Whether there is public transit (e.g., train station)
available within one thousand feet (1,000').
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(E) Whether there are adjacent land uses with
different peak parking demand periods based on the hours
of operations.
(F) Whether there is a shared parking
agreement/valet service provided.
d. Hearings: Administrative hearings shall be held for
administrative variations in compliance with the provisions as
described in subsection H of this section.
e. Administrative Approvals: Administrative variations adhering to
the application submittal requirements and ordinance
requirements may be administratively approved as follows:
(1) After the administrative variation application is
submitted and reviewed by the various Village departments,
the director of community development will indicate if the
applicant may proceed forward with seeking approval of the
requested relief with the sign-off approval of the surrounding
property owners.
(2) In all cases where the director of community
development grants an administrative variation, an
authorizing determination shall be prepared that may set
forth the terms for operation of the conditional use. The
village clerk shall record the authorizing determination with
the county recorder of deeds.
f. Appeal Of Director Of Community Development Decision: Any
individual may file an appeal of the decision of the director of
community development regarding an administrative variation with
the planning and zoning commission. Such appeal shall be filed
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with the director of community development within five (5)
calendar days of the director's decision.
12. Additional Restrictions: In the granting of a variation or
administrative variation, additional conditions and restrictions may be
placed upon the premises, which are necessary to comply with the
standards listed above and the objectives of this chapter.
13. Revocation: Where a variation or administrative variation has been
granted pursuant to the provisions of this chapter, such approval shall
become null and void unless a building permit is issued and work is
substantially under way within twelve (12) months of the date of the
variation, unless the variation approval is extended by the planning and
zoning commission or the administrative variation approval is extended
by the director of community development.
14. Effect Of Denial Of Proposal: No application for a variation which
has been denied by the planning and zoning commission or village
board or for an administrative variation which has been denied by the
director of community development shall be resubmitted for a period of
one year from the date of the denial, except on grounds of new evidence
or proof of change of condition found to be valid by the director of
community development.
SECTION 17: Subsection F of Section 14.203, “Procedures For
Administrative Functions,” of Article II, “Administration and Enforcement,” to
Chapter 14, “Zoning” to the Mount Prospect Village Code shall be amended in
its entirety to read as follows:
F. Conditional Uses and Administrative Conditional Uses:
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1. 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 subsection F10 of this
section, 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. Except as otherwise provided in
subsection F10 of this section, the director shall, upon receiving a complete
application for a conditional use, forward the application, along with other
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data considered important by the director, to the planning and zoning
commission for their review and recommendation to the village board.
5. Public Hearings: Public hearings for conditional uses and
administrative conditional uses shall be held in compliance with state
statutes and provisions of this chapter as described in subsection G or
subsection H of this section.
6. Recommendation By The Planning And Zoning Commission: Except
as otherwise provided in subsection F10 of this section, 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 petitions for conditional uses involving any of the following in the R-
X, R-1, and R-A zoning districts:
a. Residential setback reductions in any yard that do not exceed
twenty-five percent (25%) of the applicable setback requirements of this
chapter;
b. Relief from the accessory structure requirements; and
c. Fence petitions;
the Planning and Zoning Commission shall hear and decide such
petitions as the 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 that exceed twenty five percent (25%) of the
setback requirement(s) of this chapter.
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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 For Conditional Uses: Except as otherwise provided in
subsection F10 of this section, 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
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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: Except as otherwise provided in
subsections F6 and F10 of this section, 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. Administrative Conditional Uses.
a. Action By Director Of Community Development: The director of
community development shall consider the following administrative
conditional uses and may either administratively approve or remand to the
Planning and Zoning Commission for further action. The following types of
relief are eligible as administrative conditional uses:
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(1) Existing nonconforming accessory structures:
(A) Applicable Structures:
(i) Will be replaced with the same type of structure,
(ii) Do not exceed a total of two (2) accessory structures per
lot of record,
(iii) Extend into no more than forty percent (40%) of the
required interior side yard setback,
(iv) Extend into no more than ten percent (10%) of the rear yard
setback, or
(v) Where the applicable lot coverage does not exceed the
maximum permitted for that zoning district by more than ten percent (10%).
b. Filing of Application: All applications for administrative
conditional uses shall be made on an appropriate application form provided
by the Village. The application for administrative conditional uses shall be
filed and processed in the manner prescribed for conditional uses and shall
be accompanied by the following information:
(1) Said application shall contain the following information:
(A) Zoning Request Application / Petition for Hearing;
(B) Affidavit of Ownership;
(C) Proof of Ownership;
(D) Paid receipt of the most recent tax bill;
(E) Responses to applicable standards;
(F) Plat of Survey;
(G) Site plan;
(H) Building elevation(s), existing and proposed, if applicable;
(I) Floor plans, if applicable;
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(J) Preliminary engineering plans, if applicable;
(K) Legal description of the subject property;
(L) Any other information deemed necessary by the Village.
c. Standards for Administrative Conditional Uses. No
administrative conditional use shall be granted by the Village unless the
administrative conditional use:
(1) Is so designed, located, and proposed to be operated that the
public health, safety and welfare will be protected.
(2) Will not be injurious to the uses and enjoyment of other
property in the neighborhood in which it is located.
(3) That in all other respects, the administrative conditional use
conforms to the applicable regulations of the district in which it is located.
d. Administrative conditional uses adhering to the application
submittal requirements and ordinance requirements may be administratively
approved as follows:
(1) After the administrative conditional use application is
submitted and reviewed by the various Village departments, the director of
community development will indicate if the applicant may proceed forward
with seeking approval of the requested relief with the sign-off approval of the
surrounding property owners.
(2) In all cases where the director of community development
grants an administrative conditional use, an authorizing determination shall
be prepared that may set forth the terms for operation of the conditional use.
The village clerk shall record the authorizing determination with the county
recorder of deeds.
e. Appeal Of Director Of Community Development Decision: Any
individual may file an appeal of the decision of the director of community
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development regarding an administrative conditional use with the planning
and zoning commission. Such appeal shall be filed with the director of
community development within five (5) calendar days of the director's
decision.
11. 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.
12. 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.
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
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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.
13. 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.
14. 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.
SECTION 18: Section 14.203, “Procedures For Administrative
Functions,” of Article II, “Administration and Enforcement,” to Chapter 14,
“Zoning” to the Mount Prospect Village Code shall be amended by adding a
new subsection H and the heading of the existing subsection H of Section
14.203, “Procedures For Administrative Functions,” of Article III,
“Administration and Enforcement,” to Chapter 14, “Zoning” to the Mount
Prospect Village Code shall be amended and shall read as follows:
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H. Administrative Hearing Procedures:
(1) Upon receipt of an application for an administrative variation
or an administrative conditional use, the director of community
development shall review the application for completeness and assign
a case number to the request.
(2) For all applications for administrative variations or
administrative conditional uses, the department of community
development shall provide a list of all owners of record of property lying
within one hundred feet (100'), exclusive of right of way width, of the
parcel subject to the public hearing. The director of community
development shall cause a copy of the public notice to be mailed to all
property owners on the list no more than thirty (30) days nor less than
seven (7) days prior to the hearing.
(3) An administrative notice shall contain the case number
assigned to the application, the address of the property, a brief
statement on the nature of the administrative variation or
administrative conditional use, the name and address of the property
owner, the petitioner and their legal representative, and the date, time
and location of the administrative hearing.
(4) For all applications for an administrative variation or
administrative conditional use, the director of community development
shall also cause one or more signs to be posted on the property, which
is the subject of the administrative hearing.
(5) The number and location of signs shall be determined by the
director of community development.
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(6) The sign must be a minimum of thirty inches by thirty inches
(30" x 30") in size, having letters a minimum of two inches (2") high, and
contain the following information:
(A) The fact that an administrative hearing that affects the
subject property will be held, with direction to interested
members of the general public to call the office of the community
development director for further information concerning date,
time and place and subject matter of said administrative hearing.
(B) Any interested person may appear and be heard at the
hearing and such appearance may be made in person, by agent (if
a corporation), or in writing.
I. Administrative Site Plan Review:
SECTION 19: Subsection B of Section 14.304.1, “Design Standards,” of
Article III, “General Provisions,” to Chapter 14, “Zoning” to the Mount
Prospect Village Code shall be amended by adding a new sub-subsection (3)
and new sub-subsection (4) as follows:
3. Architectural Diversity: To promote architectural diversity and avoid
repetitive building patterns, no detached single-family dwelling constructed
within a residential subdivision approved after the effective date of this
ordinance, or constructed as new principal residential construction on an
individual lot, shall be similar in appearance to any other detached single-
family dwelling located on the same street within a distance of two (2) lots in
either direction of the subject lot.
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For purposes of this subsection, the term “constructed” shall mean the
erection of a new principal detached single-family dwelling and shall not
include:
• Additions to an existing dwelling;
• Exterior renovations or façade modifications to an existing dwelling;
or
• Interior remodeling.
This subsection shall not apply retroactively to dwellings legally existing
as of the effective date of this ordinance.
a. Definition of “Similar in Appearance”: For purposes of this
subsection, two detached, single-family dwellings shall be considered
similar in appearance if they are identical or nearly identical with
respect to any three (3) or more of the following architectural
characteristics:
(1) Primary roof form, including the dominant roof type
(gable, hip, mansard, gambrel, flat, or combination):
(2) Roof height, measured from finished grade to the peak,
within a tolerance of +/- 2 feet;
(3) Front-facing massing, defined as the approximate
height and width of the primary front wall plane closest to the
front lot line;
(4) Overall front-elevation form, including the predominant
silhouette and massing as viewed from the street;
(5) Fenestration pattern, including the relative location,
arrangement, and size of windows on the front elevation;
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(6) Garage configuration, including the location,
orientation, and dimensions of garage doors visible from the
street; and
(7) Primary exterior siding materials on the front elevation
wall planes (e.g., brick veneer, horizontal siding, board-and-
batten, shakes, or similar materials).
b. Characteristics Not Constituting Dissimilarity: The following
characteristics, standing alone, shall not be deemed sufficient to
establish dissimilarity between dwellings:
(1) Variations in color;
(2) Variations in roofing material;
(3) Addition or deletion of minor decorative elements
(including, but not limited to, dormers, cupolas, bay windows,
belt courses, fan lights, chimneys, or ornamental features);
(4) Reversal of plan orientation (right-hand/left-hand
orientation);
(5) Variation in window styles; and
(6) Variations in height, width, or length measurements of
less than five percent (5%), unless otherwise specified herein.
c. Submission and Approval Requirements: Prior to issuance of
any building permit within a subdivision, the applicant shall submit:
(1) A proposed set of building elevations for all planned
home models; and
(2) A streetscape diagram or lot assignment plan
demonstrating compliance with the spacing requirement
established in this subsection.
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The Director of Community Development shall review the
submitted elevations and lot assignments for compliance with the
requirements of this subsection. Approved elevations and lot
assignments shall be binding upon subsequent building permit reviews.
4. Stucco or engineered stucco systems shall comply with the
regulations stipulated in section 21.229 of the building code.
SECTION 20: Subsection A of Section 14.306, “Accessory Structures,”
of Article III, “General Provisions,” to Chapter 14, “Zoning” to the Mount
Prospect Village Code shall be amended in its entirety to read as follows:
A. General Requirements: The following restrictions on accessory
buildings, structures and uses apply to all zoning districts, unless otherwise
provided for in this chapter:
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.
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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. For single-family residential properties in the R-X, R-1
and R-A zoning districts only, 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. For single-family residential properties in the R-X, R-1
and R-A zoning districts only, any structure permanently attached
to an accessory structure is considered part of the accessory
structure and shall meet the bulk requirements for accessory
structures, unless otherwise listed as a permitted obstruction in
section 14.319 of this article.
d. 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.
e. Pergola support columns shall be located no closer to
the principal building than three feet (3').
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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 and Garage Restrictions:
a. 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.
b. A detached garage shall not be utilized as office, work or
living space. The storage of motor vehicles, household items,
equipment to maintain the property and small recreational
equipment is permitted.
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.
8. No accessory structure shall be used for residential living
quarters.
SECTION 21: Subsection B (1) of Section 14.306, “Accessory
Structures,” of Article III, “General Provisions,” to Chapter 14, “Zoning” to the
Mount Prospect Village Code shall be amended in its entirety to read as
follows:
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B. Restrictions In Residential Districts:
1. Maximum Size:
a. A detached private garage may be no larger than seven
hundred twenty (720) square feet.
b. A shed, gazebo, pergola, greenhouse, or other similar
accessory structure may be no larger than two hundred (200)
square feet).
SECTION 22: 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 add “Existing nonconforming accessory structures” as an
administrative conditional use in the R-X, R-1 and R-A zoning districts, “Relief
from accessory structure requirements, except for certain existing
nonconforming accessory structures” and “Relief from fence requirements”
as new conditional uses in the R-X, R-1 and R-A zoning districts, and a new
footnote 3 in the Notes section below Land Use Table 1:
\[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK\]
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Land Use C-R-R-R-R-R-R-
R X 1 A 2 3 4
333
Existing nonconforming accessory structures C C C
Applicable structures:
(i) Will be replaced with the same type
of structure,
(ii) Do not exceed a total of two (2)
accessory structures per lot of record,
(iii) Extend into no more than forty
percent (40%) of the required interior
side yard setback,
(iv) Extend into no more than ten
percent (10%) of the rear yard setback,
or
v) Where the applicable lot coverage
does not exceed the maximum
permitted for that zoning district by
more than ten percent (10%).
Relief from accessory structure C C C
requirements, except for certain existing
nonconforming accessory structures
Relief from fence requirements C C C
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.
3. Administrative conditional use approval is required.
SECTION 23: Subsection A (6) through A (9) of Section 14.2204,
“Residential Driveways,” of Article XXII, “Off Street Parking and Loading,” to
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Chapter 14, “Zoning” to the Mount Prospect Village Code shall be amended to
read as follows:
6. Attached Garages: Driveways serving attached garages shall not
exceed thirty feet (30’) in width unless otherwise regulated elsewhere in this
chapter and shall taper to a width no greater than twenty-six feet (26’) at the
property line.
a. Driveways In Front Of Houses: The portion of a driveway located in
front of the house shall not extend more than three feet (3') beyond the point
where the garage meets the house, measured along the front plane of the
house. Circular driveways, dual-frontage lots, and driveways serving side-
loaded garages are exempt from this requirement.
b. Driveways serving three (3) car attached garages may be the same
width as the garage, not to exceed a maximum width of thirty-three feet (33')
and shall taper to a width no greater than twenty-six feet (26’) at the property
line.
7. Detached Garages: Driveways serving detached garages shall not
exceed thirty feet (30’) in width unless otherwise regulated elsewhere in this
chapter and shall taper to a width no greater than twenty-six feet (26’) at the
property line.
a. Driveways In Front Of Houses: The portion of a driveway located in
front of the house shall not extend more than three feet (3') beyond the
closest plane of the house, measured along the front plane of the house.
b. Driveways Serving Three Car Detached Garages: Driveways serving
three-car detached garages may be the same width as the garage not to
exceed a maximum width of thirty-three feet (33') and shall taper to a width no
greater than twenty-six feet (26') at the property line. Maximum measurement
shall be taken from garage's edge farthest from the side lot line, running
parallel to the garage facade.
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8. Vehicle Turnaround Pads: Driveways fronting onto a major arterial
street, as defined in the Village's comprehensive plan, may provide a vehicle
turnaround pad no larger than twelve feet (12') in depth as measured parallel
to the front lot line, and ten feet (10') in width as measured perpendicular to
the front lot line. The vehicle turnaround pad shall be located entirely on the
property, perpendicular to the driveway, and at least fifteen feet (15') from the
principal structure. The turnaround pad may be in addition to the overall
permitted driveway width.
9. Driveways Serving Side Load Garages: Driveways serving side load
garages shall not exceed thirty feet (30’) in width and shall taper to a width no
greater than twenty-six feet (26’) at the property line. Measurements for
driveway width shall be taken parallel to the front lot line, no closer to the
right of way than two feet (2') from the required front yard setback line.
SECTION 24: Section 14.2401, “Purpose,” of Article XXIV,
“Definitions,” to Chapter 14, “Zoning,” to the Mount Prospect Village Code
shall be amended to modify the existing definition of “ACCESSORY
STRUCTURE” and to add the new definitions of “ADMINISTRATIVE
CONDITIONAL USE”, “ADMINISTRATIVE VARIATION” and “PERMITTED
OBSTRUCTION” in the appropriate alphabetical locations as follows:
ADMINISTRATIVE CONDITIONAL USE: A category of conditional use for
single-family residential zoning districts which may be approved
administratively by the Village of Mount Prospect, in conjunction with a
submitted application, site plan, and all of the necessary requirements as
required by the zoning ordinance and with required consent or determination
of no objection from adjacent property owners.
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ADMINISTRATIVE VARIATION: A category of variation which may be
approved administratively by the Village of Mount Prospect, in conjunction
with a submitted application, site plan, and all of the necessary requirements
as required by the zoning ordinance and with required consent or
determination of no objection from adjacent property owners.
ACCESSORY STRUCTURE: A subordinate structure detached from but
located on the same lot as the principal structure, the use of which is
incidental and accessory to that of a principal structure. Said structures may
include, but are not limited to, detached garages, gazebos, pergolas,
greenhouses, sheds, trash enclosures, parking lots, outdoor storage tanks,
swimming pools, fences, and certain permitted obstructions including central
air conditioning units, generators and similar mechanical equipment,
driveways, parking pads, open stoops and canopies, patios, balconies,
decks, service walks, sidewalks, steps, handicap ramps, sports courts,
unenclosed porches and window wells, as further defined by this Code.
PERMITTED OBSTRUCTION: An accessory structure that is allowed to
encroach into a required yard as long as it meets certain size and location
requirements set forth by this Code.
SECTION 25: This Ordinance shall be in full force and effect from and
after its passage, approval, adoption and publication in the manner provided
by law.
AYES:
NAYS:
ABSENT:
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PASSED AND APPROVED this 16th day of March 2026, 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
ATTEST:
____________________________________
Karen Agoranos
Village Clerk
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