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HomeMy WebLinkAbout4. OLD BUSINESS 08/04/2009 Village of Mount Prospect Community Development Department MEMORANDUM FROM: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT "et;). ~~ !>l ~ 10"( ~- ~'~.'"'" . ~"'."""" . TO: DATE: JULY 27,2009 SUBJECT: CODIFIER ERROR RELATING TO SECTION 14.312 OF THE VILLAGE CODE This memorandum is intended to clarify an issue raised by Trustee Juracek at the July 21st Village Board meeting. At that meeting she questioned the meaning of Section 14.312.F which read: Application of Definition of Family: Nothing in this section shall be construed as permitting more than "one-family dwelling unit" to occupy a dwelling unit. This section has been in the Village Code since the Second Housekeeping Unit regulations were adopted back in 1994. In reviewing the original ordinance, I found that the actual code that was adopted read as follows: Application of Definition of Family: Nothing in this Section 14.312 shall be construed as permitting more than one family dwelling unit, as defined in Chapter 14, to occupy a dwelling unit. Apparently the text was modified by the company that codifies our code and therefore is considered as a Scribner's Error. The intent of this section is to further clarify that only one family, as defined by our code, shall be allowed to inhabit a dwelling unit. After reviewing this section further with our Village Attorney, he recommends that the original section be modified as follows: Application of Definition of Family: Nothing in this Section 14.312 shall be construed as permitting more than one family dwolling unit, as defined in Chapter 14, to occupy a dwelling unit. I hope that this memorandum clarifies this matter. Please forward this memorandum to the Village Board for their review and consideration at their meeting on August 4th. Staff will be present at that meeting to further discuss this matter. ~~1ob l r---. ~, BH/caf ..:se-r r>/?G' E 'y" r'71 ro/77 .:::::L" ~ " ORDINANCE NO. 4683 AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VilLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Article III entitled "General Provisions" of Chapter 14 (Zoning) of the Village Code of Mount Prospect, as amended, is hereby further amended by adding thereto Section 14.312 entitled "Elimination of Unpermitted Second Housekeeping Units"; so that hereinafter after said Article III of Chapter 14 shall include Section 14.312 which Section 14.312 shall be and read as follows: II Sec. 14.312. Elimination of Unpennltted Second Housekeeping Units. A. Prohibited Acts. No person shall: 1. Enter Into any lease or rental agreement of any kind or nature or otherwise maintain or permit for living purposes the use of an unpermitted second housekeeping unit that was not already In existence on December 6, 1994 and under lease or rental at some point in the six months prior to that date. 2. Establish, install or construct an unpermitted second housekeeping unit within the corporate boundaries of the Village of Mount Prospect after December 6, 1994. 3. Subsequent to January 1, 2000, enter into any lease or rental agreement of any kind or otherwise maintain or permit the use, for living purposes, of an unpermitted second housekeeping unit that was established after May 2, 1944. 4. Establish a second utility hookup or separate utility meter of any kind for any unpermitted second housekeeping unit after December 6, 1994. 5. Rent or lease, with or without a written agreement, for any period of time whatsoever between December 6, 1994 and January 1, 2000, an unpermitted second housekeeping unit in the Village of Mount Prospect without registering with the Village as set forth in paragraph C of this Section 14.312. B. Time Periods; Amortization Period. Any unpermitted second housekeeping unit established subsequent to December 6, 1994 shall be illegal, and subject to abatement and other penalties. Any unpermitted second housekeeping unit In existence on December 6, 1994 may continue in existence until January 1, 2000, in strict accordance with the terms of Section 14.312. As of January 1, r--... ~, Second Housekeeping Page 2 of 5 2000, all such units, regardless of when established, shall become illegal and subject to abatement and other penalties. The period of time between December 6, 1994 and January 1, 2000, shall be known as the "amortization period". C. Registration. Each and every unpermitted second housekeeping unit in the Village of Mount Prospect during the amortization period shall be registered with the Village Clerk no later than December 31, 1995 on a form available from the Village Clerk. This registration shall state the name and address of the legal and beneficial owner(s) and the address of the premises. D. Relief from Amortization Period. If an owner of a home containing an unpermitted second housekeeping unit has within the ten (10) years immediately prior to the adoption of this Section 14.312, expended monies specifically in the repair or remodeling of the unit, that owner may apply to the Village Manager for relief from the five (5) year amortization period. If the owner is able to prove by clear and convincing evidence, to the satisfaction of the Village Manager, that (1) the owner has expended the monies during the past ten (10) years immediately preceding the adoption of this Section 14.312; and (2) the potential revenues from the rent or lease of that unit have not been sufficient to recover the actual expenditures, then the Village Manager may extend the amortization period for that premises, in one (1) year increments not to exceed an additional five (5) years, so that the owner may recover such expenditures. For purposes of this Section 14.312, potential revenue is not the equivalent of actual receipts but shall be computed according to the following formula: Number of months transpired since expenditure. x The average monthly rental charge for the premises since the expenditure. = Potential revenue. E. Exceptions. This Section 14.312 shall not be applicable to the following: 1. Group Community Residence as defined in Section 14.2401 of this Chapter. 2. Family Community Residence as defined in Section 14.2401 of this Chapter. 3. Housing provided for religious institutions maintaining a house of worship in Mount Prospect when the housing is for its ministry, outreach or program personnel, provided that such housing is not otherwise prohibited by Mount Prospect regulations or laws. ~\ , /~ Second Housekeeping Page 3 of 5 4. Residences constructed and/or modified as residential two flat or two apartment buildings prior to May 2, 1944, which have not been converted to a single dwelling unit residence. 5. Any residence which has been officially sanctioned by the Village as a two flat whether by variation, special use or other official legislative action of the President and Board of Trustees. 6. Otherwise permitted sleeping rooms or separate living quarters without second kitchen units. 7. Those units which have free and unlimited physical access to the rest of the dwelling unit. If there is an issue as to whether the residence was built as a two flat prior to May 2, 1944, or as to whether the Village has officially sanctioned the two flat, then the burden of proof, by clear and convincing evidence, shall be on the owner. F. Realtors and Brokers It shall be unlawful for any real estate broker, or agent or any other person, to advertise, state or otherwise hold out to the public or any potential buyer that a residence may be used in any manner contrary to Section 14.312. G. Probable Cause to Inspect. A swom complaint from a Mount Prospect resident that an unpermitted second housekeeping unit is in existence within the Village in conjunction with any other single indication of the existence of such a unit shall constitute probable cause to permit a Village official to obtain an administrative warrant to enter the premises as to which the complaint was filed to determine the actual existence of such a unit. Other indications of such a unit shall Include, but not be limited to, vehicles at the residence registered to different parties, separate trash pickup, separate utility meters, prior knowledge of a Village official of such a unit or additional reports by other Village residents. The foregoing shall not be the exclusive method of establishing probable cause to inspect. H. Irrebuttable Presumption The following shall raise an irrebuttable presumption that there is not compliance with the requirement of "Free and Unlimited Physical Access: a. The existence of a lock or locks (whether used or not) on the only door or on all doors between an otherwise unpermitted second housekeeping unit and the remainder of the home. b. Door hinges installed or maintained (whether a door is used or not) in the only passageway or on all passageways between the otherwise unpermitted second housekeeping unit and the rest of the home. .,.-....., Second Housekeeping Page 4 of 5 ~. G Application of Definition of Family. Nothing is this Section 14.312 shall be construed as permitting more than one family .QwelliRI Imit, as defined in this Chapter 14, to occupy a dwelling unit. J. Penalty; Persons Subject to Penalty. Persons violating any portion of this Section 14.312 shall be subject to a minimum mandatory penalty of One Hundred Dollars ($100.00). Each day that the violation continues shall be considered a separate violation. However, any violation of subsection A(5) shall subject the violator to a mandatory fine of One Thousand Dollars ($1,000.00). Any legal or beneficial owner and any tenant or lessee shall be jointly and severally liable for any such violation. " SECTION THREE: That Article XXIV entitled "Definitions" of Chapter 14 (Zoning) of the Village Code of Mount Prospect, as amended, is hereby further amended to add in proper alphabetical sequence the following definitions; so that hereinafter said Section 14.2401 shall include: "FREE AND UNLIMITED PHYSICAL ACCESS KITCHEN UNIT UNPERMITTED SECOND HOUSEKEEPING UNIT The existence of at least one unobstructed passageway from the second housekeeping unit to the entire remainder of the dwelling unit. To conform to this definition, the passageway may have a door, but the door shall not have any locking mechanism of any kind whether the lock is used or not. The passageway shall clearly permit all persons on the premises to have access to the entirety of the premises. A lock on a separate bedroom door within the second housekeeping unit shall be permitted pursuant to this definition. Any living area which contains: 1. a cooking surface; 2. a refrigeration unit; and 3. hot and cold running water in an area not used as a bathroom. Any living quarters, located in a single family residential zoning district that: 1. is within the walls of another dwelling unit or physically connected to a detached single family home; and 2. contains its own kitchen unit that is in addition to the main kitchen unit in the residence; and 3. does not have free and unlimited physical access to the remainder of the dwelling unit. SECTION FOUR: That this Ordinance shall be in full force and effective from and ,.-...., ( ~ Second Housekeeping Page 5 of 5 after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Corcoran, Hoefert, Skowron, Farley NAYS: Clowes, Hendricks, Wilks ABSENT: None PASSED and APPROVED this 6th day of December, 1994. REVISED JULY 23, 2009 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14, ZONING CODE REGULATIONS, OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, pursuant to its home rule powers, as follows: SECTION 1: Section 14.203, "Procedures for Administrative Functions", of Article II, Administration and Enforcement, of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting subsection G(3) in its entirety and replacing it with a new subsection G(3), to be read as follows: 3. No more than thirty (30) days nor less than fifteen (15) days prior to the hearing, the Director of Community Development shall cause a copy of the public notice to be mailed to all property owners within two hundred fifty feet (250'), exclusive of right of way width, of the parcel subject to the public hearing. The Director shall cause the notice to be mailed according to the following: a. For all applications for map amendment, conditional use, variation, or appeal requests concerning a single-family residential property, the Community Development Department shall be responsible for mailing the notice. b. For all applications for map amendment, conditional use, variation, or appeal requests concerning a non-single-family residential property, the applicant shall be responsible for mailing the notice. Upon delivery of the notice, the applicant shall attest in writing to the Community Development Department indicating the date the notice was mailed and the list of property owners to whom the notice was mailed. SECTION 2: Section 14.304, "Bulk Regulations", of Article III, General Provisions, of Chapter 14 of the Mount Prospect Village Code, shall be amended as follows: A. Deleting the word "Residential" in Subsection C, to be and read as follows: C. Number Of Buildings On A Lot: Not more than one principal building shall be located on any zoning lot in a zoning district, except in the case of a PUD, where more than one principal building on a zoning lot shall be allowed as part of a PUD. B. Deleting subsection D(I) in its entirety and replacing it with a new subsection D(I), to be read as follows: 1. Height And Location: iManage:237695_1 iManage:23 7695_1 a. Separation: A two inch (2") separation shall be maintained between the fence and the finished grade to provide for adequate drainage. Fences located across drainage swales shall be six inches (6") above grade. Fences shall not be permitted in floodway areas as designated on FEMA's flood boundary and floodway map. b. Sight Triangle: No fence greater than three feet (3') in height shall be placed within a sight triangle so as to obstruct or limit the line of sight for a motorist, cyclist, or pedestrian. c. Encroachment: All fences shall be entirely on private property. Fences may not encroach on adjoining lots or public rights of way. d. Fenceable Area: Under no circumstances shall a fence enclose an area that is less than fifty percent (50%) of the maximum fenceable area of a residentially zoned property. This limitation shall not apply to fencing around swimming pools. e. Five Foot Fences: Fences up to five feet (5') in height will be permitted as follows, and as shown on exhibit l4.304D 1 b in section 14.2501 ofthis chapter: (1) Rear And Interior Side Yards: Fences may be installed in the rear and interior side yards, provided any fence is located behind the front line of the principal building structure. If a fence is not located along a property line, then sufficient access must be provided to the area between fence and property line to allow for proper maintenance. (2) Exterior Side Yards: Fences may be installed in an exterior side yard, provided that the fence is placed behind the front line of the principal building and set back one foot (1 ') from the property line along the exterior side yard. If the exterior side yard abuts the font yard of an adjacent lot, the fence shall not be located any closer to the exterior side yard lot line than either the building line established by the principal structure or the front yard established for the adjacent lot, whichever is less. f. Swimming Pool Fences: Fences and gates at least four feet (4'), but not greater than five feet (5'), in height to completely surround swimming pools other than swimming pools having a raised deck at least four feet (4') above grade may be placed as follows: (1) Along the perimeter of the pool walk areas; or (2) Along the perimeter of the lot as described in subsection Dla of this section. 2 g. Six Foot Fences: Fences and gates up to six feet (6') in height will be permitted as follows, and as shown on exhibit 14.304Dlb in section 14.2501 of this chapter: (I) When placed within the permitted buildable area of a residential property, an area fence no longer than eighteen feet (18') in length provided that it is located within the rear yard. (2) When placed along the rear or exterior side lot line when such rear or exterior side lot line abuts an arterial road as defined by the comprehensive plan of the village and provided that a one foot (I ') setback is maintained from the rear or exterior side lot line abutting the arterial road right of way. (3) When placed between adjacent residential uses and nonresidential uses along side or rear lot lines. h. Eight Foot Fences: Fences up to eight feet (8') in height will be permitted as follows: (1) In industrial and commercial districts when used for the purpose of screening accessory building material, equipment or vehicle storage yard uses. (2) In residential zoning districts, along rear or side property lines contiguous to railroad rights of way. (3) Public swimming pools, along the perimeter of the pool area. i. Utility Easements: The construction of fences in utility easements is subject to the condition of the easement. j. Arbors/Trellises: A maximum of two (2) arbors or trellises shall be permitted except in any required front yard. Such arbor or trellises may not exceed a height of eight feet (8') or a width of ten feet (10') and be no more than twenty five percent (25%) opaque. k. Recreational Facilities: Open mesh chain-link fences up to twenty feet (20') in height may be permitted surrounding recreational facilities such as tennis courts, athletic fields, or similar uses subject to the approval of the Community Development Director. C. Inserting a new subsection E, to be read as follows: E. Design Standards: iManage:23 7695_1 3 a. Visual Expanse: Any structure over two hundred (200) feet in length shall be designed so as to stagger the building facades which face a right-of-way, parking lot, or adjacent residential property, in order to break up the visual expanse of the structure. b. Screening of Mechanical and Utility Equipment: 1. When feasible mechanical equipment should be located within the principal structure in order to minimize exterior visual impacts. 2. All rooftop mechanical equipment shall be completely hidden from view. If screening is required, it shall be a continuous, permanent, sound attenuating and noncombustible screen of a color compatible with the principal structure. The screen should be designed as an architectural component of the structure in the form of a parapet wall. If structural modifications are required to accommodate screening of mechanical equipment, it shall comply with the building code in effect at the time modifications are made. 3. All ground mounted mechanical and utility equipment that is six feet (6') or less in height shall be screened from view per the requirements of section 14.2308 of this chapter. Ground mounted mechanical and utility equipment that is taller than six feet (6') in height shall be screened from view with an enclosure that is constructed to be consistent with the material of the principal structure. Ground mounted mechanical and utility equipment shall be recessed into the ground to achieve a height above grade not to exceed six feet (6') to reduce the visual impact of the structure on the site. Additionally, landscaping shall be provided around the enclosure per the requirements of section 14.2308 of this chapter. 4. Screening of mechanical equipment shall be required when new equipment is installed and in such cases shall be provided around both new and existing mechanical equipment in order to provide visual continuity. Normal maintenance of mechanical equipment shall not mandate the screening requirement. SECTION 3: Section 14.306, "Accessory Structures", of Article III, General Provisions, of Chapter 14 of the Mount Prospect Village Code, shall be amended as follows: A. Deleting the word "Garages" from subsection B(1)(a), and removing the word "Sheds" and inserting the phrase "gazebo, greenhouse, or other similar accessory structure" in subsection B(I)(b), to be read as follows: 1. Maximum Size: iManage:237695_1 4 a. A detached private garage may be no larger than six hundred seventy two (672) square feet. b. A shed, gazebo, greenhouse, or other similar accessory structure may be no larger than the smaller of the following: (1) Two percent (2%) of the lot area; or (2) Two hundred (200) square feet. B. Inserting a new subsection E(9), to be read as follows: 9. Rain barrels up to one hundred (100) gallons in size shall be permitted in interior side or rear yards. Rain barrels up to fifty-five (55) gallons may also be permitted in exterior side yards provided they are screened via a landscaped hedge or planting area. Rain barrels shall be equipped with a screen to prevent insect nesting and provide an overflow system to direct excess rainwater away from the primary building structure. SECTION 4: Section 14.307, "Standards for Home Occupations", of Article III, General Provisions, of Chapter 14 of the Mount Prospect Village Code, shall be amended by inserting the following sentence at the end of subsection E: "This standard shall apply irrespective of any business activity actually taking place at the dwelling unit." SECTION 5: Section 14.308, "Group and Family Community Residences; General Provisions and Standards", of Article III, General Provisions, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and the following inserted in its place: 14.308 Group and Family Community Residences; General Provisions and Standards. Group and Family Community Residences shall be located as either a permitted or conditional use within all residential zoning districts in accordance with the provisions set forth listed in Section 14.604 of this chapter. SECTION 6: Subsection B of Section 14.311, "Outdoor Sales and Storage", of Article III, General Provisions, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and the following inserted in its place: B. Outdoor Dining: Outdoor dining areas shall be permitted on the same zoning lot as and in conjunction with an established restaurant in the B-3, B-4, or B-5 district, subject to the following requirements: 1. The following criteria shall apply to all outdoor dining areas located on the same zoning lot as the established restaurant: iManage:23 7695_1 5 iManage:237695 _I a. Outdoor dining areas may be revoked by the village manager at any time on fourteen (14) days' notice for failure to comply with the regulations set forth in this section. b. All outdoor furniture and appurtenances shall be constructed in such a manner as to allow for their easy removal during winter months and/or if otherwise required by the village. c. All outdoor furniture and appurtenances shall be designed to withstand a minimum wind pressure of not less than thirty (30) pounds per square inch. d. Colors and materials of outdoor furniture and appurtenances shall be harmonious with the principal and adjacent structures. e. The sale and consumption of alcoholic beverages in the outdoor dining areas shall be subject to all requirements of chapter 13 ofthis code. f. The proprietor shall provide adequate facilities for refuse disposal, as determined by the environmental health division. g. The outdoor dining area shall not be detrimental to the health, safety, or welfare of nearby residents or persons working or shopping in the vicinity. h. Outdoor dining areas shall be exempt from applicable parking requirements. However, in the event that the outdoor dining area creates an overflow parking problem onto adjacent public streets, the permittee must make provisions for off site parking on nearby nonresidential properties. i. Advertising or promotional features in a permitted outdoor dining area shall be limited to umbrellas or canopies, and shall be limited to no more than fifteen percent (15%) of the surface area of a canopy or umbrella. j. Outdoor dining areas shall meet all applicable village and state health requirements. k. No music or other noises generated by the operation of the outdoor dining areas shall be audible on adjacent properties. 1. In no event shall the outdoor dining area operate earlier than six o'clock (6:00) A.M. or later than eleven o'clock (11 :00) P.M. 2. Outdoor dining areas shall be permitted on public property, subject to the following criteria: 6 iManage:237695_1 a. All regulations set forth in subsection B 1 of this section. b. An application for the outdoor dining area permit must be submitted to the department of community development. The department will conduct an administrative review of the application and the director will either approve or deny the application within thirty (30) days from receipt. The application shall contain, at a minimum, the following information: (1) A site plan showing location of the outdoor dining area; (2) Plans and cut sheets demonstrating the type of barricades, landscaping and other features that will be utilized to define the outdoor dining area and enhance the aesthetic appeal of the area;(3) Distances of the outdoor dining area to all property lines; (4) Proposed hours of operation; (5) The clear width of all walkways and sidewalks adjacent to the outdoor dining area; (6) Photographs or other documentation showing the construction and appearance of all furniture and appurtenances to be used in the outdoor dining area, including materials and colors; and (7) Provisions for refuse disposal for the outdoor dining area. c. Approved permits for outdoor dining areas shall be effective for a period of one year from the date of approval. d. The use of public sidewalk space for outdoor furniture and appurtenances shall only be permitted incidental to the operation of a restaurant on private contiguous property. e. The applicant shall submit a written statement acknowledging responsibility for and agreeing to comply with the following: 1) the sidewalk area will be maintained in a clean and safe condition; 2) the required open portion of the sidewalk will be kept free from any obstructions or encroachments pertaining to the restaurant use; and 3) the proposed outdoor dining area will comply with all conditions of this section. f. In no event shall the operation of the outdoor dining area reduce the open portion of the sidewalk to less than five feet (5') in width. g. Outdoor furniture and other appurtenances shall be constructed of durable materials, such as wrought iron. 7 h. The applicant shall furnish the village with evidence of general liability insurance and dramshop insurance, if applicable, naming the village as an additional insured and insuring the village against any liability resulting from the uses permitted by the permit issued under this section. Minimum coverage for general liability insurance and dramshop insurance shall be as set forth in appendix A, division I of this code, and shall have no less than an "A" rating by the most recent AM best insurance rating guide. i. The operator of the outdoor dining area shall be responsible for any damage to public property and shall restore the public sidewalk to its original state when the operation of the dining area ceases. j. In order to prevent the restaurant space from encroaching upon the front of another merchant's establishment, the outdoor dining area shall not extend laterally beyond the frontage of the permittee's establishment. SECTION 7: Section 14.312, "Elimination of Unpermitted Second Units", of Article III, General Provision of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and the following inserted in its place: 14.312, Elimination of Unpermitted Second Housekeeping Units A. Prohibited Acts: Except for as provided in Part B of this section, no person shall: 1. Enter into any lease or rental agreement of any kind or nature or otherwise maintain or permit for living purposes the use of an unpermitted second housekeeping unit. 2. Establish, install or construct an unpermitted second housekeeping unit within the corporate boundaries of the village 3. Subsequent to January 1,2000, enter into any lease or rental agreement of any kind or otherwise maintain or permit the use, for living purposes, of an unpermitted second housekeeping unit. B. Exceptions: This section shall not be applicable to the following: 1. "Group community residence" as defined in section 14.2401 of this chapter. 2. "Family community residence" as defined in section 14.2401 of this chapter. 3. Housing provided for religious institutions maintaining a house of worship in Mount Prospect when the housing is for its ministry, outreach or program personnel, provided that such housing is not otherwise prohibited by Mount Prospect regulations or laws. 4. Residences constructed and/or modified as residential two (2) flat or two (2) apartment buildings prior to May 2, 1944, which have not been converted to a single dwelling unit residence. iManage:23 7695_1 8 5. Any residence which has been officially sanctioned by the village as a two (2) flat whether by variation, special use or other official legislative action of the president and board of trustees. 6. Otherwise permitted sleeping rooms or separate living quarters without second kitchen units. 7. Those units that have free and unlimited physical access to the rest of the dwelling unit. If there is an issue as to whether the residence was built as a two (2) flat prior to May 2, 1944, or as to whether the village has officially sanctioned the two (2) flat, then the burden of proof, by clear and convincing evidence, shall be on the owner. C. Realtors And Brokers: It shall be unlawful for any real estate broker, or agent or any other person or entity, to advertise, state or otherwise hold out to the public or any potential buyer that a residence may be used in any manner contrary to this section. D. Probable Cause To Inspect: A sworn complaint from a Mount Prospect resident that an unpermitted second housekeeping unit is in existence within the village in conjunction with any other single indication of the existence of such a unit shall constitute probable cause to permit a village official to obtain an administrative warrant to enter the premises as to which the complaint was filed to determine the actual existence of such a unit. Other indications of such a unit shall include, but not be limited to, vehicles at the residence registered to different parties, separate trash pickup, separate utility meters, prior knowledge of a village official of such a unit or additional reports by other village residents. The foregoing shall not be the exclusive method of establishing probable cause to inspect. E. Irrebuttable Presumption: The following shall raise an irrebuttable presumption that there is not compliance with the requirement of "free and unlimited physical access" as defined in this chapter: 1. The existence of a lock or locks (whether used or not) on the only door or on all doors between an otherwise unpermitted second housekeeping unit and the remainder of the home. 2. Door hinges installed or maintained (whether a door is used or not) in the only passageway or on all passageways between the otherwise unpermitted second housekeeping unit and the rest of the home. F. Application Of Definition Of Family: Nothing in this section shall be construed as permitting more than one-family dVlelling unit to occupy a dwelling unit. G. Penalty; Persons Subject To Penalty: Persons violating any portion of this section shall be subject to a minimum mandatory penalty as set forth in appendix A, division III of this code. Each day that the violation continues shall be considered a separate violation. Any violation of subsection A5 of this section shall subject the violator to a mandatory fine as set forth in iManage:23 7695_1 9 appendix A, division III of this code. Any legal or beneficial owner and any tenant or lessee shall be jointly and severally liable for any such violation. SECTION 8: Section 14.313, "Regulations for Personal Wireless Telecommunication Facilities", of Article III, General Provisions, of Chapter 14 of the Mount Prospect Village Code shall be amended as follows: A. In the chart in Subsection E, the phrase "Greater than 6 acres" for "C-R" and term "R-4" under Zoning District shall be deleted, the chart to be and read as follows: Antenna Setbacks Standards Zoning Mono - Lattice Guyed Structure Adjacent Not District pole Mount** To Adjacent Residential To Use Residentia 1 Use Height Front Side Rear Front Interior Exterior Rea r I-l,O/R 120' 120' 120' 10' NP 100% 100% NP 15' 30' 20' height height B-3 70' NP NP 10' NP 100% 100% NP 10' 30' 20' height height B-5 NP NP NP 10' NP 100% 100% NP 100% 100% 100% height height height height height B-5C NP NP NP 10' NP 100% 100% NP 100% 100% 100% height height height height height C-R 70' NP NP 10' NP 100% 100% NP 100% 100% 100% height height height height height B-1, B-2 70' NP NP 10' NP 100% 100% NP 10' 30' 20' height height R-X, R- NP NP NP 10'* 1, R-A, iManage:23 7695_1 10 R-2, R- 3, R-4 * No more than one per residential unit permitted ** Height above the existing structure NP = Not permitted B. Insert as a third sentence in Subsection G: "Antennas installed on buildings shall not project above the height of the structure and shall be painted to match the color of the building to which they are affixed", and Section G shall be and read as follows: G. Design Criteria: Antennas mounted on water towers shall not extend more than ten feet (10') beyond the height of the water tower. All antennas, except those mounted on monopoles, shall be designed to be compatible with neighboring buildings and uses, and shall match or blend with the structure to which they are attached so the antenna is virtually invisible to the casual observer. Antennas installed on buildings shall not project above the height of the structure and shall be painted to match the color of the building to which they are affixed. As such, Monopoles and any accompanying equipment shall be painted a uniform, neutral color. Towers may not display logos or company colors. SECTION 9: Section 14.314, "Outdoor Lighting Regulations", of Article III, General Provisions, of Chapter 14 of the Mount Prospect Village Code, shall be amended as follows: A. Deleting the phrase "flush with the canopy" in subsection B(2), which shall be and read as follows: 2. All lighting mounted under a canopy, including, but not limited to, luminaries mounted on or recessed into the lower surface of a canopy, shall be full cutoff. B. Inserting new subsections H, I, and J, to be read as follows: H. Property Illumination Standards: 1. The total light output from all luminaries used for outdoor lighting on any zoning lot, except for street lighting, outdoor display areas, and outdoor lighting of playing fields, shall not exceed 125,000 lumens per net acres. I. Architectural Lighting of Building Facades: 1. Upward aimed building fayade lighting shall not exceed 900 lumens (60 watt incandescent or 13 watt compact fluorescent bulb). All upward aimed light shall be fully shielded, fully confined from projecting into the sky by eaves, roofs or overhangs, and mounted as flush to a wall as possible. iManage:23 7695_1 11 2. Building fa9ade light exceeding 900 lumens shall be fully shielded, aimed downward, and mounted as flush to a wall possible. 3. Building fa9ade lighting shall be fully contained within the vertical surface of the wall being illuminated. 4. Building fa9ade lighting that is measurable at the ground level shall be included in the maximum allowable light levels. J. Exceptions: The standards of this section shall not apply to the following types of exterior lighting: 1. Ornamental Lighting: low voltage (12 volts or less), low wattage ornamental landscape lighting fixtures, and solar operated light fixtures have self-contained rechargeable batteries, where any single fixture does not exceed 100 lumens. 2. Seasonal Lighting Displays: Lighting displays, which are installed for less than seventy-five (75) days over any continuous twelve month period. 3. Upon finding by the Police Department that outdoor lighting in specific areas of the community, that otherwise meets the requirements of this section is not adequate and additional lighting is necessary to improve safety or security for the property of its occupants. SECTION 10: A new Section 14.316, "Environmentally Sensitive Development Techniques", shall be inserted in Article III, General Provisions, of Chapter 14 of the Mount Prospect Village Code, to be read as follows: 14.316 Environmentally Sensitive Development Techniques The Village of Mount Prospect is committed to encouraging the use of environmentally sensitive development techniques in order to improve the quality of life and environmental health of the community as a whole. Green building design is a technique which incorporates design principles and strategies that limit the energy demands of buildings and also create healthier living environments within them. Green building techniques may include, but are not limited to, green roofs, reflective white roofs, permeable paving, storm water harvesting, use of landscaping to reduce thermal demand, and use of reusable energy sources. This section provides direction on common green building design practices. While not 'a comprehensive list of all potential green initiatives, the Village encourages property owners to follow green design principles. A. Wind Energy Conversion Systems: The Village of Mount Prospect has found Wind Energy Conversion Systems (WECS) to be a viable and useful method of localized energy generation. Conditional use permits to authorize WECS are allowed in all zoning districts. Due to the specialization and technical nature of WECS, the following criteria have been established as minimum standards for the recommendation and approval of such permits. iManage:23 7695_1 12 iManage:237695 _1 1. No more than one (1) WECS shall be permitted per zoning lot. More than one (1) WECS may be permitted for commercial and industrial properties, subject to the approval of the Village Board. 2. Rooftop Mounted WECS: a. Shall be setback at least twenty (20) feet from front or exterior building lines, and at least ten (10) feet from side building lines. Setbacks shall be measured to the widest point of blade rotation or to the side of the WECS, whichever is greater. b. Shall be limited to a height of no more than fifteen (15) feet above the roof peak or top of a parapet wall, whichever is greater. Total height shall be measured from the highest point of blade rotation or the highest point of the WECS, whichever is greater. c. Comply with all noise regulations of the Village of Mount Prospect. d. Shall be safely and securely attached to the rooftop in compliance with the Village of Mount Prospect Building Code. 3. Tower Mounted WECS: a. Shall not be permitted in single family residential districts. b. The WECS tower or any associated structure shall comply with the minimum setback requirements of the zoning district in which the WECS is located or be setback a distance equal to 1.1 times the total height of the structure from any property line, whichever distance is greater. Total structure height shall be measured from the highest point of blade rotation to the ground. c. A WECS tower shall be set back a minimum of twenty (20) feet from any principle structure on the property. d. The maximum permissible height of a WECS tower shall not exceed (80) feet. e. Rotor blades or airfoils must maintain at least twelve (12) feet of clearance between their lowest point of rotation and the ground. f. All climbing apparatus affixed to a WECS tower shall terminate twelve (12) feet short of ground level. g. All WECS facilities shall be enclosed within a building or surrounded by a six (6) foot high safety fence. 13 h. All WECS towers shall be constructed with an approved concrete foundation. 4. All WECS structures, including roof mounted, towers, and accessory buildings, shall conform to the appropriate Village related rules and regulations pertaining to their construction, design, operation and maintenance. 5. WECS shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot. 6. The applicant shall submit documentation that the proposed WECS will not create a nuisance to adjacent uses. In no event shall the noise level produced by a WECS continuously exceed sixty-five (65) decibels as measured at the property line. 7. No WECS shall cause electromagnetic degradation in performance of other electromagnetic radiators, receptors, or generators of quality and proper design. The Village reserves the right to revoke any conditional use permit for a WECS system whenever electromagnetic interference from the WECS is evident and cannot be corrected. 8. WECS shall not be artificially lighted, except to the extent required by the FAA or other applicable government authority. 9. All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components. B. Solar Energy Conversion Systems: The Village of Mount Prospect has found Solar Energy Conversion Systems (SECS) to be a viable and useful method of localized energy generation. SECS shall be permitted in all zoning districts in accordance with the following minimum standards. 1. Rooftop Mounted SECS: a. Shall not project higher than the maximum building height permitted for the zoning district. If mounted on an accessory structure, the SECS shall not project higher than the maximum height permitted for that structure. b. Shall be limited to a maximum of 50% of the roof surface area or 1,000 sq. ft, whichever is less, if mounted on an angled roof and visible from adjacent roadways and/or properties. No maximum coverage shall be required if mounted on a roof so that solar arrays are completely screened from view via a parapet wall or continuous screen. iManage:23 7695_1 ]4 c. Shall be safely and securely attached to the rooftop in compliance with the Village of Mount Prospect Building Code. 2. Ground Mounted SECS: a. Shall not be permitted in residential zoning districts. b. Shall satisfy the applicable setback requirements for an accessory structure on the zoning lot. c. Shall be limited to a maximum of 100 square feet in size. d. All ground based utilities associated with the SECS shall be appropriately screened in accordance with the requirements of section 14.304 of this ordinance. e. A maximum of two ground mounted SECS shall be permitted per acre per property. 3. All SECS structures, including roof mounted, towers, and accessory buildings, shall conform to the appropriate Village related rules and regulations pertaining to their construction, design, operation and maintenance. SECTION 11: Subsection B of Section 14.402, "Nonconforming Building and Structures", of Article IV, Nonconforming Buildings, Structures, and Uses of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and the following inserted in its place: B. Enlargement, Repair, Alterations And Replacement: Any nonconforming building or structure may be enlarged, maintained, repaired or altered, provided that no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the extent of the existing nonconformity. However, on lots fifty five feet (55') or less in width, a nonconforming building or structure may be extended with the established setback in a required rear yard or side yard, provided that such nonconformity is no more than fifty percent (50%) of the required setback. Existing nonconforming structures which do not conform to the required building setbacks may be enlarged by creating a second story, provided the existing nonconforming setback for the structure is maintained and the proposed enlargement meets other applicable zoning requirements. In residential zoning districts, existing nonconforming driveways, patios and sidewalks may be replaced in the same location without complying with the bulk regulations of this Chapter. However, if such drive ways, patios, and or sidewalks are replaced with a different structure, any such replacement structure must meet applicable lot coverage requirements. For instance, a nonconforming patio can be replaced with another patio surface but it cannot be replaced with a driveway, deck, or other structure without meeting lot coverage requirements. iManage:23 7695_1 15 SECTION 12: Section 14.501, "Purpose", of Article V, Planned Unit Development of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting the phrase "and can" from the first paragraph, the revised first paragraph to be read as follows: The purpose of a planned unit development is to provide a tool to accommodate development which is in the public interest, provides a public benefit, and which would not otherwise be permitted by the zoning ordinance. A planned unit development may be for residential, commercial, office or industrial use. A mixed use development is also permitted, subject to the appropriate regulations ofthis article. SECTION 13: The first sentence of Section 14.501, "Purpose", of Article 5, Planned Unit Development of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting the phrase "and can", to be and read as follows: The purpose of a planned unit development is to provide a tool to accommodate development which is in the public interest, provides a public benefit, and which would not otherwise be permitted by the zoning ordinance. SECTION 14: Subsection C(2) of Section 14.503, "Procedures for Planned Unit Developments", of Article 5, Planned Unit Development, of Chapter 14 of the Mount Prospect Village Code, shall be amended by deleting the word "or", the revised subsection C(2) to read as follows: 2. Following the public hearing and review of the final planned unit development and supporting data, the planning and zoning commission shall send its findings and recommendations to the village board which shall, within sixty (60) days, approve, approve with modifications, disapprove the plan, or return it to the planning and zoning commission for further consideration. SECTION 15: Section 14.504, "Standards for Planned Unit Developments", of Article 5, Planned Unit Development, of Chapter 14 of the Mount Prospect Village Code, shall be amended as follows: A. Sub-subsection 3 of Section B, Standards For Planned Unit Developments With Use Exceptions, shall be deleted in its entirety and replaced with the following: 3. Proposed use exceptions shall not represent more than forty percent (40%) of the total floor area. However, in a residential planned unit development area no more than ten percent (10%) of the site area or the total floor area shall be devoted to commercial use. No industrial use shall be permitted within a residential planned unit development. B. Subsection C. Standards For Planned Unit Developments With Other Exceptions, shall be deleted in its entirety and replaced with the following: C. Standards For Planned Unit Developments With Other Exceptions: The village board may approve planned unit developments which do not comply with the requirements of the underlying zoning district's regulations governing lot area, lot width, bulk regulations, parking and sign regulations, or which require modification of the iManage:237695_1 16 subdivision design standards when such approval is necessary to achieve the objectives of the proposed planned unit development, but only when the board finds such exceptions are consistent with the following standards: 1. Any reduction in the requirements of this chapter is in the public interest. 2. The proposed exceptions would not adversely impact the value or use of any other property. 3. Such exceptions are solely for the purpose of promoting better development which will be beneficial to the residents or occupants of the planned unit development as well as those of the surrounding properties. 4. In residential planned unit developments the maximum number of dwelling units allowed per acre shall not exceed eighty (80) units per acre in the B-5 core district or forty-eight (48) units per acre for developments incorporating senior housing or assisted living facilities. 5. All buildings are to be located within the planned unit development in such a way as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such buildings and shall conform to the following: a. The front, side or rear yard setbacks on the perimeter of the development shall not be less than that required in the abutting zoning district(s) or the zoning district underlying the subject site, whichever is greater. b. All transitional yards and transitional landscape yards of the underlying zoning district are complied with. c. If required transitional yards and transitional landscape yards are not adequate to protect the privacy and enjoyment of property adjacent to the development, the planning and zoning commission shall recommend either or both of the following requirements: (1) All structures located on the perimeter of the planned unit development must set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses; (2) All structures located along the entire perimeter of the planned unit development must be permanently screened with sight proof screening in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses. d. That the area of open space provided in a planned unit development shall be at least that required in the underlying zoning district. iManage:23 7695_1 17 C. A new Subsection D shall be inserted, to be and read as follows: D. Open Space Requirements for Residential Planned Unit Developments: A minimum of fifty percent of the total lot coverage of a residential planned unit development in the R -1, R-2, R-3, R-4 zoning districts, shall be devoted to open space. Open space shall be limited to the following items: 1. Recreation open space, as follows: a. Swimming pools b. Tennis courts c. Recreation buildings d. Detention Ponds e. Playgrounds f. Walking or jogging trails g. other recreation spaces requiring permanent structures on the property other than buildings. 2. Private yards and courts adjoining residential years. 3. Open areas, limited use common elements. 4. The combined area of retention ponds, natural water features, wetlands, and conservation areas shall not exceed fifty percent (50%) of the required open space coverage of a residential planned unit development." 5. Buffer open space: 1. Perimeter open space abutting roadways and adjoining properties. 2. Interior and perimeter parking lot open space. 3. Open space in public rights of way. SECTION 16: Subsection A, "Residential Districts", of Section 14.601, "Districts" of Article 6, Zoning Districts, of Chapter 14 ofthe Mount Prospect Village Code, shall be amended by deleting the phrase "R-5 Senior citizen residence." SECTION 17: Article 6, Zoning Districts, of Chapter 14 of the Mount Prospect Village Code, shall be amended by inserting a new Section 14.604, "Land Use Tables", to be and read as follows: 14.604: LAND USE TABLES: iManage:23 7695_1 18 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 regulates land uses located within the C-R, R-X, R-l, R-A, R-2, R-3, and R-4 zoning districts and Land Use Table 2 regulates land uses which are located within the B-1, B-2, B-3, B-4, B-5, B-5C, O/R, and 1-1 zoning districts. For the following two 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 CR RX Rl RA R2 R3 R4 Accessory Structures P P P P P P P Accessory Structures Greater than 30 ft in height C Attached single-family homes P Churches, Synagogues, Mosques, or other houses of worship p* p* p* p* p* Circular/Dual Frontage Driveways C C C C Colleges and Universities C C C C Community Centers C Conservatories C Convalescent Homes / Nursing Homes C Cultural Institutions C C C C Daycare Center C C C C C Daycare Home P P P P P P Dormitory Accommodations C C C C C Detention or Retention Facilities C Elementary Schools p* p* p* p* p* iManage:23 7695_1 19 Family Community Residence (located at least 1,000 ft from another family community residence) P P P P P P Family Community Residence (located within 1,000 ft of another family community residence) C C C C C C F oster Care Homes P P P P P P Garages for parking of commercial vehicles C C Golf Courses P Group Community Residence C C C C C C High Schools p* p* p* p* p* Home Occupations P P P P P P Libraries C C C C C Lighted Ball Fields C More than one garage C C C C Multi-family dwellings P P Municipal Buildings p* p* p* p* p* Museums C C C C C C Nature Preservation Areas P Parks and Playgrounds P Planned Unit Developments C Private or Parochial Schools p* p* p* p* p* Public recreational facilities P Recreational Complexes C Rehabilitation Homes C C C C C C Residential Planned Unit Developments C C C C C Single-Family Detached Dwellings P P P P P iManage:23 7695_1 20 Studios C Tennis Courts, Swimming Pools, Volleyball Courts, and similar recreational facilities P Two-family dwellings P P Unenclosed front porches attached to a single-family residence C C C C C C Unlighted Ball Fields P Wireless Service Facilities P P P P P P P Senior Housing when approved as part of a PUD C C Assisted Living Facility when approved as part of a PUD C C * Permitted in limited circumstances. A conditional use shall be required if the following circumstances apply: 1. A residential dwelling unit is being converted to the proposed use so as to be the principle use of the structure; or 2. A new building or structure is to be constructed on property less than forty thousand (40,000) square feet not currently in use for the proposed use. Land Use Table 2: Commercial and Industrial Zoning Districts Land Use Bl B2 B3 B4 B5 B5C OIR 11 Accessory Uses & Buildings P Accessory Uses (l 0% retail of permitted uses) P Amusement est. C C Amusement est. indoor only C P Animal daycare center C C C Animal hospital and veterinary clinics C C C Antique Shops P P P P Archery ranges, shooting galleries C C Art and school supply stores P P P P iManage:237695_1 21 Art and woodcraft studios P P P P Art shops or galleries (not auction rooms) P P P P Art, sculptor, and composer studios P P P P Asphalt manufacture C Automobile accessory stores P P P P Automobile garages P C C C Automobile leasing/rental agencies P P P Automobile repair and service stations C P C C C Automobile sales, new or used C P C C Automobile sales, new or used (with 2 acres or less) C Bakeries P P P P P P Banks and financial institutions C P P P P P Banquet Halls P P Barber and Beauty Schools P P P P C Barbershops P P P P P Beauty shops P P P P P Bedding Manufacture P Bicycle sales, rental and repair P P P P Billiard and Pool Halls C C C C Boat showroom, sales and repair C Bowling Alleys P P P P Building material and products, sales and storage C C Business machine sales P P P P Camera and photo supply stores P P P P iManage:237695 _, 22 Candy and ice cream stores P P P P P Car Wash C p C C C Caretakers' quarters P Carpet and rug stores, retail sales P P P P Cartage and express facilities C Catering services C C C Children's Recreation Centers P P P P China and glassware stores P P P P Cloth products manufacture P Clothing and Apparel retail stores P P P P P P Clothing and costume rental stores P P P P Clubs and lodges C P P P P Coin and philatelic stores P Colleges and Universities C C C C Commercial greenhouses and nurseries P Compost collection facility C Computer offices and facilities P Computer sales, service and acc P P P P Concrete fabrication C Contractors , construction offices, shops or outdoor storage yards C Contractors' architects' and engineers' offices and shops P Contractors' architects' and engineers' storage yards C Contractors showrooms and shops P iManage:237695 _1 23 Convenience Stores P P P P P Convention and exhibition halls C C Cosmetics production C Dairy products processing and manufacture C Dairy products, retail sales P P P P Dance and Music Academies/Studios P P P P P P Day Care Centers C C C C C C C Department stores P P P P Dressmakers P P P P P Drive-through and drive-in est. C C C C Driving Schools C P P P P Drugstore P P P P P Dry-cleaning and laundry establishment P P P P P Dry-cleaning plants P Dwelling units on ground floor C C Dwelling units, located above the first floor C P P Electrical and household appliance stores P P P P Electronic & scientific preCISIOn instrument manufacture P Exterminating services P Floor Covering Store P P P P Flower store P P P P P Food manufacture C Food store, grocery store, meat market and delicatessen P P P P P iManage:23 7695_1 24 Funeral homes C C C Furniture store P P P P Furrier shops P P P P Game room C C C Gift shop P P P P P Glass products production C hardware store P P P P P Health services, clubs or gymnasiums P P P P Hearing aid stores P P P P Heliports C C Home improvement center(no outdoor storage) P P P P Hospitals C Hotels and Motels C C P P P Household appliance P P P P Interior decorating shops P P P P Jewelry stores P P P P Lamp and lighting fixtures P P P P Laundries P Laundromat, automatic, self-service only P P P P P Lawn and garden equipment and supply P P P P Leather goods and luggage stores P P P P Libraries P P P P P Light assembly & repair: Jewelry Products P Light assembly & repair: precision instruments P iManage:23 7695_1 25 Light machinery production: appliances, business machines, etc. P Light product assembly & repair: camera equipment P Light product assembly & repair: Electronic products P Limited production, assembly or manufacturing C Liquor stores, packaged goods P P P P Lithographing P locksmith shop P P P P Machinery sales C Mail order houses P Mail order, catalog stores P P P P Martial arts school P P P P Medical and dental clinics P P P P Medical and dental laboratories P P P P P Motor vehicle sales C C Motorcycle, snowmobile, or personal watercraft sales C Municipal buildings P P P P C P Museums P P P P P Music stores, P P P P Musical instrument manufacture P Musical instrument sales and repair P P P P Office and corporate Headquarters P P Office machine sales and servicing P P P P Office supply stores P P P P Offices, business and professional P P P P P P iManage:23 7695_1 26 Offices, business and professional P Optician sales, retail and orthopedic and medical appliance P P P P Orthopedic and medical appliance manufacture P Outside display and sales C C Outside service areas C C Paint, glass, and wallpaper stores P P P P Paper products manufacture C Parking lots C C P C C Parking lots other than accessory parking P Pawnshops C C Party supply stores P P P P Pet shops and grooming establishments P P P Petroleum tank farm &related accessory uses C Photography studios and developing of film P P P P Picture framing P P P P Planned Developments, industrial C Planned Unit Developments C C C C C C C Plastics Processing C Post office P P P P Pottery and cermanics manufacture P Printing and duplicating P P P P Printing and publishing establishments P Private Recreational Clubs P P Public utility and service uses C C C C P iManage:23 7695_1 27 Public works storage yards and related facilities P Radio and television sales, service and repair P P P P Radion and television stations, studios and towers C P C C P Recorded music and video rental P P P P Recycling collection centers C Religious Institutions C Repair, rental and servicing of any article of which is permitted use in the district P P P P Research laboratories and testing facilities P Restaurants, including entertainment and dancing P P P P C Restaurants P P P P P C C Secondhand stores and rummage shops P P P P Sewing machine sales and servIce, household appliances P P P P Shoe and boot manufacture P Shoe and clothing repair shops P P P P P Shoe stores P P P P Sporting goods manufacture P Sporting goods stores P P P P Sports Training and Teaching Establishments C C C Stadiums, auditoriums and arenas C C Tailor shops P P P P Tanning salon P P P P Taverns and cocktail lounges P P P P Taverns and cocktailloungs not inc. entertainment C iManage:237695_1 28 Taxi Dispatch Centers C C P Telegraph offices P P P P Theaters, drive in C Theaters P P P P Ticket agenies, amusement P P P P Ticket, indoor P P P P Tobacco shops P P P P Towing Agencies P Toy shops P P P P Trade or vocational schools P C Trailer and camper sales and rental C Transfer stations for refuse disposal C Travel agencies P P P P Truck sales, rental and repair C Warehouse, distribution & storage facilities P P Watchman's quarters P P P P P Wearing apparel manufacture P Wireless service P P P P P P Woodworking & wood products manufacture P SECTION 18: The text Section 14.702, "Permitted Uses", of Article 7, C-R Conservation Recreation District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted and replaced with the following: 14.702: PERMITTED USES: Land uses shall be permitted within the C-R Conservation Recreation District III accordance with the provisions listed in Section 14.604 of this chapter. iManage:23 7695_1 29 SECTION 19: The text in Section 14.703, "Conditional Uses", of Article 7, C-R Conservation Recreation District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted and replaced with the following: 14.703: CONDITIONAL USES: Land uses shall be allowed by conditional use within the C-R Conservation Recreation District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 20: Section 14.704, "Bulk Regulations", of Article 7, C-R Conservation Recreation District, of Chapter 14 of the Mount Prospect Village Code, shall be amended as follows: A. In Subsection A(1), delete number "50" and replace with "30", to be and read as follows: 1. All C-R zoned properties: Front yard 30 feet Exterior side yard 30 feet B. In Subsection A(3), delete the number "50" and replace with "40", to be and read as follows: 3. Property lines abutting residential property: Interior side yard 40 feet Rear yard 40 feet C. In Subsection C, "Lot Coverage", insert the phrase "for a Neighborhood Park or seventy five percent (75%) for a Community Park" at the end, to be and read as follows: C. Lot Coverage: No lot in the C-R district shall be developed with total impervious surfaces exceeding twenty five percent (25%) for a Neighborhood Park or seventy five percent (75%) for a Community Park. SECTION 21: The text in Section 14.802, "Permitted Uses", of Article 8, R-X Single- Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.802: PERMITTED USES: Land uses shall be permitted within the R-X Single-Family Residential District III accordance with the provisions listed in Section 14.604 of this chapter. iManage:23 7695_' 30 SECTION 22: The text in Section 14.803, "Conditional Uses", of Article 8, R-X Single- Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.803: CONDITIONAL USES: Land uses shall be allowed by conditional use within the R-X Single-Family Residence District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 23: Section 14.804, "Uses Permitted In Limited Circumstances", of Article 8, R-X Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety. SECTION 24: Section 14.805: "Bulk Regulations", of Article 8, R-X Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be amended as follows: A. Subsection B(2) shall be deleted in its entirety and replaced with the following: 2. All permitted and conditional uses for nonresidential: Front yard 40 feet Interior yard side 10 feet, or 1/2 the height of the principal building, whichever is greater Exterior yard Rear yard side 25 feet 30 feet, or equal to the height of the principal building, whichever is greater. B. Subsections C, "Coverage Limitations," and D, Height Limitations", shall be deleted in their entirety and replaced with the following: C. Coverage Limitations: 1. Lot Coverage: No lot in the R-X district shall be developed with total impervious surfaces exceeding thirty five percent (35%) for permitted and conditional residential uses, or seventy-five percent (75%) for permitted and conditional nonresidential uses. 2. Front And Exterior Side Yard Coverage: No front or exterior side yard of a single-family residence in the R-X district shall be developed with total impervious surfaces exceeding thirty five percent (35%) of the required yard. D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-X district: iManage:23 7695_1 31 1. Residential Buildings: The maximum height of a residential building shall not exceed thirty five feet (35'). 2. Non-Residential: No principal or accessory building located on a zoning lot shall exceed thirty five feet (35') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection 0: a. Chimneys. b. Flagpoles. c. Steeples up to seventy-five (75) feet in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. SECTION 25: The text of Section 14.902: "Permitted Uses", of Article 9, R-I Single- Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.902: PERMITTED USES: Land uses shall be permitted within the R-l Single-Family Residential District III accordance with the provisions listed in Section 14.604 of this chapter. SECTION 26: The text of Section 14.903: "Conditional Uses", of Article 9, R-l Single- Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.903: CONDITIONAL USES: Land uses shall be allowed by conditional use within the R-l Single-Family Residence District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 27: Section 14.904: "Uses Permitted in Limited Circumstances", of Article 9, R-l Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety. SECTION 28: Section 14.905, "Bulk Regulations", of Article 9, R-l Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be amended by deleting Subsections C. "Coverage Limitations", and D. "Height Limitations", in their entirety and replacing them with the following: C. Coverage Limitations: 1. Lot Coverage: No lot in the R-l district shall be developed with total impervious surfaces exceeding forty five percent (45%) for permitted and iManage:23 7695_1 32 conditional residential uses, or seventy-five percent (75%) for permitted and conditional nonresidential uses. 2. Front And Exterior Side Yard Coverage: No front or exterior side yard of a single-family residence in the R-l district shall be developed with total impervious surfaces exceeding forty five percent (45%) of the required yard. D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-1 district: 1. Residential Buildings: The maximum height of a residential building shall not exceed twenty eight feet (28'). 2. Non-Residential: No principal or accessory building located on a zoning lot shall exceed thirty five feet (35') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy-five (75) feet in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. SECTION 29: The text in Section 14.1002, "Permitted Uses", of Article 10, R-A Single- Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1002: PERMITTED USES: Land uses shall be permitted within the R-A Single-Family Residential District III accordance with the provisions listed in Section 14.604 of this chapter. SECTION 30: The text in Section 14.1003, "Conditional Uses", of Article 10, R-A Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1003: CONDITIONAL USES: Land uses shall be allowed by conditional use within the R-A Single-Family Residence District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 31: Section 14.1004, "Uses Permitted In Limited Circumstances", of Article 10, R-A Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety. iManage:23 7695_ J 33 SECTION 32: Section 14.1005, "Bulk Regulations", of Article 10, R-A Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be amended by deleting Subsections C. "Coverage Limitations", and D. "Height Limitations", in their entirety and replacing them with the following: C. Coverage Limitations: 1. Lot Coverage: No lot in the R-A district shall be developed with total impervious surfaces exceeding fifty percent (50%) for permitted and conditional residential uses, or seventy-five percent (75%) for permitted and conditional nonresidential uses. 2. Front And Exterior Side Yard Coverage: No front or exterior side yard of a single-family residence in the R-A district shall be developed with total impervious surfaces exceeding fifty percent (50%) of the required yard. A. Subsection, shall be deleted in its entirety and replaced with the following: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-A district: 1. Residential Buildings: The maximum height of a residential building shall not exceed twenty eight feet (28'). 2. Non-Residential: No principal or accessory building located on a zoning lot shall exceed thirty five feet (35') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy-five (75) feet in height as measured to the highest point of the steeple. d. Radio and television antennas attached to the principal structure. SECTION 33: The text in Section 14.1102, "Permitted Uses", of Article 11, R-2 Attached Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1102: PERMITTED USES: Land uses shall be permitted within the R-2 Single-Family Residential District III accordance with the provisions listed in Section 14.604 of this chapter. iManage:23 7695_1 34 SECTION 34: The text in Section 14.1103, "Conditional Uses", of Article 11, R-2 Attached Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1103: CONDITIONAL USES: Land uses shall be allowed by conditional use within the R-2 Single-Family Residence District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 35: Section 14.1104, "Uses Permitted in Limited Circumstances", of Article 11, R-2 Attached Single-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety. SECTION 36: Section 14.1105, "Bulk Regulations", of Article 11, R-2 Attached Single- Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be amended as follows: A. Sub-subsection 1 of Subsection B, Yard Requirements, shall be amended by inserting the phrase "for single family detached dwellings" after "interior side yard", to be and read as follows: 1. All permitted and conditional uses for residential: Front yard 30 feet Interior side yard for single family detached 1 0 percent of lot width, but not less dwellings than 5 feet (There is no interior side yard requirement for attached single-family homes.) Exterior side yard 20 feet Rear yard 25 feet B. Subsections C. "Coverage Limitations", D. "Height Limitations", and E, "Additional Restrictions On Attached Single-Family Dwellings", shall be deleted in their entirety and replaced with the following: C. Coverage Limitations: 1. Lot Coverage: No lot in the R-2 district shall be developed with total impervious surfaces exceeding: fifty percent (50%) for permitted and conditional residential uses, or seventy-five percent (75%) for permitted and conditional nonresidential uses. iManage:23 7695_1 2. Front And Exterior Side Yard Coverage: No front or exterior side yard of a single-family residence in the R-2 district shall be developed with total impervious surfaces exceeding fifty percent (50%). 35 D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-2 district: 1. Residential Buildings: The maximum height of a residential building shall not exceed twenty eight feet (28'). . 2. Non-Residential: No principal or accessory building located on a zoning lot shall exceed thirty five feet (35') in height. 3. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy-five (75) feet in height as measured to the highest point of the steeple d. Radio and television antennas attached to the principal structure. E. Additional Restrictions On Attached Single-Family Dwellings: 1. No more than six (6) attached single-family dwellings shall be connected together in a single building, and such building shall not exceed a length of one hundred seventy five feet (175'). 2. Separations between groups of attached single-family dwellings shall not be less than thirty feet (3D') plus area for patios. 3. Each attached single-family dwelling shall be provided with at least one hundred (100) square feet ofland area reserved for the construction of a patio or deck. 4. Parking for attached single-family dwellings shall be provided according to the following schedule: a. A minimum of two interior garage parking spaces shall be provided per single-family attached dwelling unit. b. A minimum of two exterior surface parking spaces shall be provided on the driveway leading to the entrance to the interior parking spaces. The driveway surface shall have both a minimum width of sixteen (16) feet and depth of at least twenty (20) feet. c. One guest parking space shall be provided for every ten required parking spaces from items a and b. Signs shall be posted indicating that guest parking spaces are to be utilized for guest parking only and shall not be utilized for the permanent storage of homeowners vehicles. Guest iManage:23 7695_1 36 parking spaces shall be located off street, unless otherwise approved by the Village. SECTION 37: The text of Section 14.1202, "Permitted Uses", of Article 12, R-3 Low Density Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1202: PERMITTED USES: Land uses shall be permitted within the R-3 Low Density Residence District III accordance with the provisions listed in Section 14.604 of this chapter. SECTION 38: The text of Section 14.1203, "Conditional Uses", of Article 12, R-3 Low Density Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following 14.1203: CONDITIONAL USES: Land uses shall be allowed by conditional use within the R-3 Low Density Residence District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 39: Section 14.1204, "Uses Permitted In Limited Circumstances", of Article 12, R-3 Low Density Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety. SECTION 40: Section 14.1203, "Bulk Regulations", of Article 12, R-3 Low Density Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be amended by deleting Subsections C. "Coverage Limitations", D. "Height Limitations", and E, "Additional Restrictions On Multi-Family Dwellings", in their entirety and replacing them with the following: C. Coverage Limitations: 1. Lot Coverage: No lot in the R-3 district shall be developed with total impervious surfaces exceeding fifty percent (50%) for permitted and conditional residential uses, or seventy-five percent (75%) for permitted and conditional nonresidential uses. 2. Front And Exterior Side Yard Coverage: No front or exterior side yard of a single-family residence in the R-3 district shall be developed with total impervious surfaces exceeding fifty percent (50%). D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-3 district: 1. Single-Family And Two-Family Buildings: The maximum height of a residential building shall not exceed twenty eight feet (28'). iManage:23 7695_1 37 2. Multi-Family Buildings: The maximum height of a multi-family building shall not exceed thirty five feet (35'). 3. Non-Residential: No principal or accessory building located on a zoning lot shall exceed thirty five feet (35') in height. 4. Exceptions: The following shall be excluded from the height limitations contained in this subsection D: a. Chimneys. b. Flagpoles. c. Steeples up to seventy-five (75) feet in height as measured to the highest point of the steeple d. Radio and television antennas attached to the principal structure. E. Additional Restrictions On Multi-Family Dwellings: 1. Two (2) or more multi-family residential buildings may be located on the same zoning lot only as part of an approved planned unit development. 2. Where two (2) or more multi-family buildings are located on the same zoning lot, a minimum of thirty feet (30') plus area for patios shall be maintained between buildings. 3. Each multi-family dwelling shall be provided with at least one hundred (100) square feet of area reserved for the construction of a patio or deck. 4. Parking for multi-storied multi-family developments, such as apartments or condominiums, shall be provided in accordance with Section 14.2224 of this code. Parking for attached dwelling units, such as townhomes or rowhomes, shall be provided according to the following schedule: a. A minimum of two interior garage parking spaces shall be provided per dwelling unit. b. A minimum of two exterior surface parking spaces shall be provided on the driveway leading to the entrance to the interior parking spaces. The driveway surface shall have both a minimum width of sixteen (16) feet and depth of at least twenty (20) feet. c. One guest parking space shall be provided for every ten required parking spaces from items a and b. Signs shall be posted indicating that guest parking spaces are to be utilized for guest parking only and shall not be utilized for the permanent storage of homeowners vehicles. Guest parking spaces shall be located off street, unless otherwise approved by the Village. iManage:23 7695_1 38 SECTION 41: The text of Section 14.1302, "Permitted Uses", of Article 13, R-4 Multi- Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1302: PERMITTED USES: Land uses shall be permitted within the R-4 Multi-Family Residence District m accordance with the provisions listed in Section 14.604 of this chapter. SECTION 42: The text of Section 14.1303, "Conditional Uses", of Article 13, R-4 Multi- Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1303: CONDITIONAL USES: Land uses shall be allowed by conditional use within the R-4 Multi-Family Residence District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 43: Section 14.1304, "Bulk Regulations", of Article 13, R-4 Multi-Family Residence District, of Chapter 14 of the Mount Prospect Village Code, shall be amended by deleting Subsections D. "Height Limitations", and E, "Additional Restrictions On Multi-Family Dwellings", in their entirety and replacing them with the following: D. Height Limitations: The following height limitations apply to principal buildings constructed in the R-4 district: 1. Multi-Family Buildings: The maximum height of a multi-family building shall not exceed thirty five feet (35'). 2. Non-Residential: No principal or accessory building located on a zoning lot shall exceed thirty-five feet (35') in height. 3. The following shall be excluded from the height limitations of the R-4 district: a. Chimneys. b. Flagpoles. c. Steeples up to seventy-five (75) feet in height as measured to the highest point of the steeple d. Radio and television antennas attached to the principal structure. E. Additional Restrictions On Multi-Family Dwellings: 1. Two (2) or more multi-family buildings may be located on the same zoning lot only as part of an approved planned unit development. iManage:23 7695_1 39 2. Where two (2) or more multi-family buildings are located on the same zoning lot, a minimum of thirty feet (30') plus area for patios shall be maintained between buildings. 3. Each multi-family dwelling shall be provided with at least one hundred (100) square feet of area reserved for the construction of a patio or deck. 4. Parking for multi-storied multi-family developments, such as apartments or condominiums, shall be provided in accordance with Section 14.2224 of this code. Parking for attached dwelling units, such as townhomes or rowhomes, shall be provided according to the following schedule: a. A minimum of two interior garage parking spaces shall be provided per dwelling unit. b. A minimum of two exterior surface parking spaces shall be provided on the driveway leading to the entrance to the interior parking spaces. The driveway surface shall have both a minimum width of sixteen (16) feet and depth of at least twenty (20) feet. c. One guest parking space shall be provided for every ten required parking spaces from items a and b. Signs shall be posted indicating that guest parking spaces are to be utilized for guest parking only and shall not be utilized for the permanent storage of homeowners vehicles. Guest parking spaces shall be located off street, unless otherwise approved by the Village. SECTION 44: Article 14, R-5 Senior Citizen Residence District, of Chapter 14, of the Mount Prospect Village Code, shall be deleted in its entirety and intentionally left blank. SECTION 45: The text of Section 14.1502, "Permitted Uses", of Article 15, B-1 Business Office District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1502: PERMITTED USES: Land uses shall be permitted within the B-1 Business Office District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 46: The text of Section 14.1503, "Conditional Uses", of Article 15, B-1 Business Office District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1503: CONDITIONAL USES: Land uses shall be allowed by conditional use within the B-1 Business Office District in accordance with the provisions listed in Section 14.604 of this chapter. iManage:237695_1 40 SECTION 47: The text of Section 14.1504, "Bulk Regulations", of Article 15, B-1 Business Office District, of the Mount Prospect Village Code, shall be amended as follows: A. The sentence "All off street parking and loading areas within the B-1 district shall be setback a minimum of 10 feet from each property line" shall be added to the end of Subsection A, "Yard Requirements", which shall be and read as follows: A. Yard Requirements: All buildings in the B-1 district shall meet the following setback requirements: 1. Front yard 30 feet 2. Side yard 10 feet 3. Comer side yard 30 feet 4. Rear yard 20 feet All off street parking and loading areas within the B-1 district shall be setback a minimum of 10 feet from each property line. B. In Subsection B, "Building Height", the phrase "thirty feet (30') shall be deleted and replaced with the phrase "thirty-five feet ((35') to be and read as follows: B. Building Height: The maximum height of any building in the B-1 district shall be three (3) stories or thirty five feet (35'), whichever is less. C. Subsection E, Floor Area Ratio (FAR), shall be deleted in its entirety.\ SECTION 48: The text of Section 14.1602, "Permitted Uses", of Article 16, B-2 Neighborhood Shopping Center District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1602: PERMITTED USES: Land uses shall be permitted within the B-2 Neighborhood Shopping District m accordance with the provisions listed in Section 14.604 of this chapter. SECTION 49: The text of Section 14.1603, "Conditional Uses", of Article 16, B-2 Neighborhood Shopping Center District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1603: CONDITIONAL USES: Land uses shall be allowed by conditional use within the B-2 Neighborhood Shopping District in accordance with the provisions listed in Section 14.604 of this chapter. iManage:23 7695_1 41 SECTION 50: Section 14.1604, "Bulk Regulations", of Article 16, B-2 Neighborhood Shopping Center District, of the Mount Prospect Village Code, shall be amended as follows: A. The sentence "All off street parking and loading areas within the B-2 district shall be setback a minimum of 10 feet from each property line" shall be added to the end of Subsection A, "Yard Requirements", which shall be and read as follows: A. Yard Requirements: All buildings in the B-2 district shall meet the following setback requirements: 1. Front yard 30 feet 2. Side yard 10 feet 3. Comer side yard 30 feet 4. Rear yard 20 feet All off street parking and loading areas within the B-2 district shall be setback a minimum of 10 feet from each property line. B. In Subsection B, "Building Height", the phrase "thirty feet (30') shall be deleted and replaced with the phrase "thirty-five feet ((35') to be and read as follows: B. Building Height: The maximum height of any building in the B-2 district shall be three (3) stories or thirty five feet (35'), whichever is less. SECTION 51: The text of Section 14.1702, "Permitted Uses", of Article 17, B-3 Community Shopping District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1702: PERMITTED USES: Land uses shall be permitted within the B-3 Community Shopping District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 52: The text of Section 14.1703 "Conditional Uses", of Article 17, B-3 Community Shopping District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1703: CONDITIONAL USES: Land uses shall be allowed by conditional use within the B-3 Community Shopping District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 53: Section 14.1704 "Bulk Regulations", of Article 17, B-3 Community Shopping District, ofthe Mount Prospect Village Code, shall be amended as follows: iManage:23 7695_1 42 A. The sentence "All off street parking and loading areas within the B-3 district shall be setback a minimum of 10 feet from each property line" shall be added to the end of Subsection A, "Yard Requirements", which shall be and read as follows: A. Yard Requirements: All buildings in the B-3 district shall meet the following setback requirements: 1. Front yard 30 feet 2. Side yard 10 feet 3. Comer side yard 30 feet 4. Rear yard 20 feet All off street parking and loading areas within the B-3 district shall be setback a minimum of 10 feet from each property line. B. In Subsection B, "Building Height", the phrase "thirty feet (30') shall be deleted and replaced with the phrase "thirty-five feet ((35') to be and read as follows: B. Building Height: The maximum height of any building in the B-3 district shall be three (3) stories or thirty five feet (35'), whichever is less. SECTION 54: The text of Section 14.1802, "Permitted Uses", of Article 18, B-4 Corridor Commercial District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1802: PERMITTED USES: Land uses shall be permitted within the B-4 Corridor Commercial District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 55: The text of Section 14.1803, "Conditional Uses", of Article 18, B-4 Corridor Commercial District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1803: CONDITIONAL USES: Land uses shall be allowed by conditional use within the B-4 Corridor Commercial District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 56: Section 14.1804. "Bulk Regulations", of Article 18, B-4 Corridor Commercial District, of the Mount Prospect Village Code, shall be amended as follows: A. The sentence "All off street parking and loading areas shall be setback a minimum of 10 feet from each property line" shall be added to the end of Subsection A, "Yard Requirements", which shall be and read as follows: iManage:23 7695_1 43 A. Yard Requirements: All buildings in the B-4 district shall meet the following setback requirements: 1. Front yard 30 feet 2. Side yard 1 0 feet 3. Comer side yard 30 feet 4. Rear yard 20 feet All off street parking and loading areas shall be setback a minimum of 10 feet from each property line. B. In Subsection B, "Building Height", the phrase "thirty feet (30') shall be deleted and replaced with the phrase "thirty-five feet ((35') to be and read as follows: B. Building Height: The maximum height of any building in the B-4 district shall be three (3) stories or thirty five feet (35'), whichever is less. SECTION 57: The text of Section 14.1903, "Permitted Uses", of Article 19, B-5 Central Commercial District and B-5C Core Central Commercial District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1903: PERMITTED USES: Land uses shall be permitted within the B-5 Central Commercial District and the B-5C Core Central Commercial District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 58: The text of Section 14.1903, "Conditional Uses", of Article 19, B-5 Central Commercial District and B-5C Core Central Commercial District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.1904: CONDITIONAL USES: Land uses shall be allowed by conditional use within the B-5 Central Commercial District and the B-5C Core Central Commercial District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 59: In Sub-subsection 1 of Subsection C, "Height Limitations", of Section 14.1905. "Bulk Regulations", of Article 18, B-4 Corridor Commercial District, of the Mount Prospect Village Code, the phrase "thirty feet (30') shall be deleted and replaced with the phrase "thirty-five feet ((35'), to be and read as follows: C. Height Limitations: iManage:23 7695_1 44 1. There shall be a maximum height of three (3) stories or thirty-five feet (!35'), whichever is less. SECTION 60: The text of Section 14.2002, "Permitted Uses", of Article 20, OIR Office Research District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2002: PERMITTED USES: Land uses shall be permitted within the OIR Office Research District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 61: The text of Section 14.2003, "Conditional Uses", of Article 20, OIR Office Research District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2003: CONDITIONAL USES: Land uses shall be allowed by conditional use within the OIR Office Research District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 62: Subsection A, "Yard Requirements", of Section 14.2004, "Bulk Requirements", of Article 20, OIR Office Research District, of the Mount Prospect Village Code, shall be amended by inserting a new Sub-subsection 4, to be and read as follows: 4. Parking: All surface off street parking and loading areas shall be setback a minimum of ten (10) feet from each property line. SECTION 63: The text of Section 14.2102, "Permitted Uses", of Article 21, 1-1 Limited Industrial District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2102: PERMITTED USES: Land uses shall be permitted within the 1-1 Limited Industrial District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 64: The text of Section 14.2103, "Conditional Uses", of Article 21, 1-1 Limited Industrial District, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2103: CONDITIONAL USES: Land uses shall be allowed by conditional use within the 1-1 Limited Industrial District in accordance with the provisions listed in Section 14.604 of this chapter. SECTION 65: Section 14.2104, "Bulk Regulations", of Article 21, 1-1 Limited Industrial District, of the Mount Prospect Village Code, shall be amended as follows: iManage:23 7695_1 45 A. The sentence "All off street parking and loading areas shall be setback a minimum of 10 feet from each property line" shall be added to the end of Subsection B, "Yard Requirements", which shall be and read as follows B. Yard Requirements: All buildings in the 1-1 district shall meet the following setback requirements: 1. Front yard 30 feet 2. Side yard 15 feet 3. Comer side yard 30 feet 4. Rear yard 20 feet All off street parking and loading areas shall be setback a minimum of 10 feet from each property line. B. In Subsection C, "Building Height", the phrase "thirty feet (30') shall be deleted and replaced with the phrase "forty feet (40') to be and read as follows: C. Building Height: The maximum height of any building in an 1-1 district shall be forty feet (40'). C. Sub-subsection 2 in Subsection F, "Restrictions On Industrial Uses", shall be deleted in its entirety and replaced with the following: 2. For properties located within one hundred (l00) feet of a residential property all storage of materials shall be within completely enclosed buildings. For properties located elsewhere in the district, or for the outdoor storage of vehicles, storage areas may be open to the sky but effectively screened by a solid wall or fence, including any gates, not less than six feet (6') nor more than eight feet (8') in height. No stored materials shall be visible above the fence. SECTION 66: Section 14.2207, "Parking Area Design", of Article 22, Off-Street Parking And Loading, of the Mount Prospect Village Code, shall be amended by adding the following sentence: "Wherever feasible, shared interconnects and shared driveways with adjoining properties shall be provided", to be and read as follows: 14.2207: PARKING AREA DESIGN: It shall be the responsibility of the community development director to review plans for all parking lots to ensure compliance with the parking section of these regulations and his approval must be obtained before building permit issuance. The arrangement, character, extent, width, grade and location of all parking areas shall be considered in relation to existing and planned streets, to reasonable circulation to traffic within and adjacent to parking areas, to separation of parking, loading, and drive up stacking, to topographical iManage:237695 _I 46 conditions, to runoff of storm water, public convenience and safety, and in their appropriate relations to the proposed uses of the area to be served. All traffic intersections and confluences must encourage safe and efficient traffic flow. Any such submission must comply with the requirements of this chapter and the site construction specifications contained in chapter 16 of this code. Parking lots and accesses shall be designed so as to discourage use of same as shortcuts and/or bypasses when located between major arterial roadways. (Ord. 5253, 5-21-2002) Wherever feasible, shared interconnects and shared driveways with adjoining properties shall be provided. SECTION 67: Subsection A(3), "Width", of Section 14.2215, "Driveways", of Article 22, Off-Street Parking And Loading, of the Mount Prospect Village Code, shall be amended by adding a sub-subsection (e), to be and read as follows: e. Driveways for single family residential properties which front onto a major arterial roadway, as defined by the Village's Comprehensive Plan, shall be permitted to provide a vehicle turn-around pad no larger than twelve (12) feet in depth as measured from the side of the driveway, and ten (10) feet in width. The vehicle turn-around pad shall be located entirely on the property, perpendicular to the driveway, and at least fifteen (15) feet from the garage door. The turn-around pad may be in addition to the overall permitted driveway width. SECTION 68: The text of Section 14.2216, "Size and Access", of Article 22, Off-Street Parking And Loading, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following (Figure 1 to remain): 14.2216: SIZE AND ACCESS: All parking stalls and aisles shall have the minimum dimensions, as set forth in figure 11, provided that the automobile overhang of not greater than two feet (2') may be included in stall depth calculations where such overhang does not extend beyond the property line, encroach on the minimum width of the sidewalk, or encroach upon a required setback. When automobile overhang beyond an installed curb is included in the stall depth calculation, such overhang shall be considered as part of the parking stall for landscaping or setback purposes. Parking garages shall have a minimum vertical clearance of seven feet six inches (7'6"). An industrial, commuter, long term business office or multi-family residential use may request a reduction to eight and one-half feet (8 1/2') in stall width. Such request shall be approved by the director of community development and must be accompanied by such documentation and evidence which shall justify the parking lot safety. FIGURE #156 Angled Angled Angled Acces s Stall Stall Aisle Stall Total Stall Aisle Stall iManage:23 7695_1 47 Width Length Width Width Bay Size Length Width Length Angle B C D E F G H L 450 9 18.5 13 12.7 49 15.3 16 18 600 9 19.8 17 10.4 53 17.6 16 18 900 9 18.0 24 60 24 18 Notes: 1. Parking lots shall be bordered with 6 inch concrete barrier curb. 2. Ingress/egress driveways shall have 30 foot radii on returns. 3. Concrete islands abutting ninety degree parking shall have 5 foot radii on returns. 4. Ninety degree spaces on the perimeter can be 16 feet is a 2 foot overhang is provided free of the yard requirement. 5. Dimension for parking with angles other than what is indicated in the chart above shall be figured proportionately. 6. Stacking for vehicles in drive-through lanes, or other locations where vehicle stacking is required, shall be measured at a distance of twenty (20) feet from the front-bumper of the first vehicle in the que to the front-bumper of the second vehicle in the que, and so forth. Stacking lanes shall be separated from primary parking areas via a landscaped median. SECTION 69: Section 14.2218, "Wheel Guards", of Article 22, Off-Street Parking And Loading, of the Mount Prospect Village Code, shall be amended by inserting the phrase "or in locations where a concrete curb exists" to the last sentence, to be and read as follows: 14.2218: WHEEL GUARDS: Parking spaces shall be provided with wheel guards or bumper guards where concrete curbs are not required so that no part of parked vehicles will encroach on an adjacent sidewalk. Bumper guards are not required for interior stalls or in locations where a concrete curb exists. SECTION 70: Section 14.2224, "Off Street Parking Requirements", of Article 22, Off- Street Parking And Loading, of the Mount Prospect Village Code, shall be amended as follows: A. At the bottom of the criteria under "Multiple-family dwellings" for "Residential" parking requirements, insert the following: "Guest Parking 1 space for every 10 required parking spaces" iManage:237695_1 48 B. Under "Residential" parking requirements, the phrase "R-5 senior citizen housing:" shall be deleted and replaced with the phrase "Senior citizen housing/Assisted Living Facility:" C. Insert the number "4" for the number of stacking spaces for a bank facility under "Office and Institutional, to be and read as follows: OFFICE AND INSTITUTIONAL: Banking facility: 3 spaces per 1,000 square feet gross floor area plus 4 stacking spaces for each window. SECTION 71: Section 14.2225, "Off-Street Loading", of Article 22, Off-Street Parking And Loading, of the Mount Prospect Village Code, shall be amended as follows: A. In Subsection A, Location and Screening, delete the term "required" in the first sentence, and insert, as the second sentence, the following: "All loading areas shall be hidden from street view or from adjacent residential areas." B. In Subsection B, Size, delete the second sentence, which reads "The number of loading berths required, whether short or long berths, is identified in Section 14.2226 of this Article." C. In Subsection C, Access, delete the word "required." SECTION 72: Section 14.2226, "Number and Type of Loading Berths Required", of Article 22, Off-Street Parking And Loading, of the Mount Prospect Village Code, shall be deleted in its entirety. SECTION 73: The text of Section 14.2302, "Landscape Plan Requirement", of Article 23, Landscape Requirements, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2302: LANDSCAPE PLAN REQUIREMENT: A landscape plan shall be required and approved by the Director of Community Development for the following: A. Any nonresidential development of any parcel of land involving the construction of any new building( s), structure( s) or parking facilities, or B. Any multi-family residential development and/or residential PUD, or C. Any development involving expansion by more than twenty five percent (25%) of an existing structure, if constructed after the effective date hereof, or D. The removal of more than three trees on any property. The plan shall be completed by a landscape architect or a person capable of fulfilling all requirements set forth in this Chapter. Requests for relief or revisions to these iManage:237695 _1 49 requirements of this Chapter may be submitted to the Village Manager for his consideration. SECTION 74: The text of Section 14.2302, "Landscape Plan Requirement", of Article 23, Landscape Requirements, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2302: LANDSCAPE PLAN REQUIREMENT: A landscape plan shall be required and approved by the Director of Community Development for the following: A. Any nonresidential development of any parcel of land involving the construction of any new building(s), structure(s) or parking facilities, or B. Any multi-family residential development and/or residential PUD, or C. Any development involving expansion by more than twenty five percent (25%) of an existing structure, if constructed after the effective date hereof, or D. The removal of more than three (3) trees on the property. The plan shall be completed by a landscape architect or a person capable of fulfilling all requirements set forth in this Chapter. Requests for relief or revisions to these requirements of this Chapter may be submitted to the Village Manager for his consideration. SECTION 75: The text of Section 14.2303, "Content of Landscape Plan", of Article 23, Landscape Requirements, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2303: CONTENT OF LANDSCAPE PLAN: A. Elements Of The Preliminary Landscape Plan: 1. Show the proposed location of all new plant materials. 2. Indicate the character of suggested plant materials to be used (i.e., shade trees, ornamental trees, shrubbery, etc.). 3. A tree survey shall be prepared which lists the location of existing vegetation (4 inch caliper and above) with sizes, condition, and species (common and botanical names) recorded. Indicate on the plan those plant materials to be preserved, removed or transplanted. iManage:23 7695_1 50 iManage:23 7695_1 4. Proposals to protect and preserve existing trees during and after construction. 5. Location of existing natural site features, including, but not limited to, large boulders, rock outcroppings and streams. B. Elements Of A Final Landscape Plan: Locations of existing and proposed improvements. 1. Building outlines, with entry and exit points. 2. All utilities. 3. Lighting. 4. Walls. 5. Fences. 6. Parking areas (spaces delineated, including handicapped spaces, curbs). 7. Spot elevations and/or contours existing and proposed. 8. Berms. 9. Existing (4 inch caliper and above with drip line) and proposed plant material. 10. Paved surfaces. 11. Sign locations. 12. Public rights of way/easements, including street widths. 13. Refuse disposal areas. 14. Other exterior landscape amenities, such as bike paths, plazas, etc.. 15. Property lines. C. Planting Schedule: 1. Plant material schedule, listing: botanical names; common names; caliper or height; and quantity. 2. Plant material schedule of all trees (4 inch caliper and above) to be removed, listing: botanical names; common names; caliper or height; and quantity. 51 iManage:23 7695_1 3. Planting data box which shall include the required and proposed calculations for the following: a. the total area in square feet of the lot to be developed, b. the total square feet and percentage of the area being landscaped, c. the total number of trees required and proposed, and d. the total number of shrubs required and proposed. D. Miscellaneous: 1. Proposed treatment of all ground surfaces (pea gravel, ground covers, sod, seed and/or prairie). 2. Other drawings and information as required: a. Irrigation plan, required for commercial projects. b. Grading and drainage plan, showing spot elevations and/or cross sections. 3. Methods to be used to protect plants and planted areas (curbs, ties, walls, etc.). E. Title Block: 1. Name and address of property owner. 2. Name of landscape architect. 3. Firm name and address. 4. Scale data. 5. North arrow. 6. Date. F. Natural Feature Details: Provide the following: elevations, cross sections, samples and/or photographs to indicate: 1. Texture of exposed surfaces. 2. Landscape material. 3. Scale. 52 4. Color of exposed surfaces. 5. Planting in relation to buildings. G. Manmade Feature Details: Provide the following: technical information, samples, details and/or photographs of materials to be used: 1. Light standards. 2. Benches. 3. Fences. 4. Walls. 5. Signage. 6. Safety lighting. 7. Other site details. SECTION 76: The text of Section 14.2304, "Design Criteria", of Article 23, Landscape Requirements, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2304: DESIGN CRITERIA: A. Scale And Nature Of Landscape Material: The scale and nature of landscape material shall be appropriate to the site and structures. B. Selection Of Plant Material: 1. Planting materials used in conformance with the provisions of this article shall be: a. Of good quality of a species normally grown in Northeastern Illinois. b. Capable of withstanding the extremes of individual site microclimates. c. Selected for interest in its structure, texture, and color for its ultimate growth. d. Harmonious to the design, and of good appearance. e. In conformance with american standard for nursery stock as approved by the Village's Arboricultural Standards Manual (Sec. 9.705). iManage:23 7695_1 53 2 Trees: Of the area being landscaped, there shall be at least one tree for every seven hundred (700) square feet of landscaped area. One-fourth (1/4) of the trees shall be evergreens a minimum of six feet (6') in height, one-fourth (1/4) ornamental a minimum of two inch (2") caliper or five feet (5') clump form and one-half (112) shade trees a minimum of two and one-half inch (2 1/2") caliper 3 Shrubs: One shrub shall be planted for every one hundred fifty (150) square feet oflandscaped area. Fifty percent (50%) of the shrubs shall be deciduous and fifty percent (50%) evergreen. For shrubs that mature at less than five feet (5') in height, minimum installation size shall be two feet (2'). For shrubs that mature taller than five feet (5') in height, minimum installation size shall be three feet (3'). C. Installation Of Plant Materials: Plant materials of all types and species shall be installed in accordance with the minimum technical specifications of the Village's Arboricultural Standards Manual (Sec.9.705 of this Codce), including the guarantee and replacement sections. The following materials shall be considered either prohibited or recommended to meet the standards of this ordinance: 1. PROHIBITED TREE LIST Botanical Name Common Name Acer saccharinum Silver maple Acer negundo Box elder Ailanthus altissima Tree of heaven Betula papyrifera White birch Catalpa Catalpa Elaeagnus angustifolia Russian olive Ginkgo biloba Ginkgo (Female only) Morus rubra Red mulberry Madura pomifera Osage orange Ulmus species Elm (all species) Robinia pseudoacacia Black locust Salix babylonica Weeping willow Sorbus species Ash (all species) iManage:237695_1 54 iManage:237695 _1 I Populus species 2. RECOMMENDED PLANT LIST I Poplar (all species) a. SHADE TREES (minimum size at installation - 2 Yi inch caliper) Botanical Name Common Name Acer pseudoplatanus Sycamore maple Acer x freemani Autumn blaze maple Acer rubrum Red maple Acer saccharum Sugar maple Aesculus hippocastanum Horse-chestnut Amelanchier x grandiflora Apple serviceberry Carpinus betulus European hornbeam Carya cordiformis Bitternut hickory Carya ovata Shagbark hickory Celtis occidentalis Common hackberry Fagus grandifolia American beech Fagus sylvatica European beech Ginkgo biloba Ginkgo (male only) Gleditsia triacanthos var. inermis Thornless honey locust Gymnoc1adus dioicus Kentucky coffeetree J uglans cinerea Butternut Juglans nigra Black walnut Larix decidua European larch Larix laricina American larch Liquidambar styraciflua Sweet gum Pyrus calleryana Bradford callery pear 55 iManage:237695_1 Quercus alba White oak Quercus bicolor Swamp white oak Quercus macrocarpa Burr oak Quercus robur English oak Quercus rubra Red oak Syringa amurensis Japanese tree lilac Syringa pekinensis Peking lilac Taxodium distichum Bald-cypress Tilia cordata Littleleaf linden Tilia euchlora Redmond linden Tilia tomentosa Silver linden b. EVERGREEN TREES (minimum height at installation - 5 feet) Botanical Name Common Name Picea abies Norway spruce Picea glauca White spruce Picea omorika Serbian spruce Picea pungens Colorado spruce Pinus nigra Austrian pine Pinus parviflora Japanese white pine Pinus strobes Eastern white pine Pinus sylvestris Scotch pine Pseudotsuga menziensii Douglas fir c. ORNAMENTAL TREES (minimum size at installation - 2 inch caliper or be a clump form at a minimum height of 5 feet) I Botanical Name I Common Name 56 iManage:23 7695_1 Acer ginnala Amur maple Acer campestre Hedge maple Acer miyabe Miyabi maple Acer tataricum Tartarian maple Aesculus pavia Red buckeye Alnus glutinosa European black alder Amalanchier laevis Allegheny serviceberry Amelanchier x grandiflora Apple serviceberry Amelanchier arborea Downy serviceberry Amelenchier alnifolia Saskatoon serviceberry Betula nigra River birch Betula platyphylla White birch Carpinus caroliniana American hornbeam Cercis canadensis Eastern redbud Chionanthus virginicus White fringetree Cornus kousa Kousa dogwood Crataegus crusgalli var. Cockspur hawthorn mermlS Crataegus phaenopyrum Washington hawthorn Magnolia x soulangiana Saucer magnolia Magnolia stellata Star magnolia Malus species Flowering crabapple Ostrya virginiana American hophornbeam Phellodendron amurense American corktree Prunus americana Wild plum 57 iManage:23 7695_' Prunus virginiana Common chokecherry Ptelea trifoliata Common hoptree Sophora japonica Japanese pagoda tree Syringa reticulata Japanese tree lilac d. DECIDUOUS SHRUBS (minimum height at installation - 3 feet) Botanical Name Common Name Amorpha fruticosa Indigobush amorpha Cephalanthus occidentalis Common buttonbush Clethra alnifolia Summersweet clethra Comus alba Tatarian dogwood Comus altemifolia Pagoda dogwood Comus mas Comelian cherry dogwood Comus racemosa Gray dogwood Comus sericea Redosier dogwood Corylus americana American filbert Corylus columa Turkish filbert Cotoneaster acutifolius Peking cotoneaster Cotoneaster divaricatus Spreading cotoneaster Cotoneaster lucidus Hedge cotoneaster Cotoneaster multiflorus Many flowered cotoneaster Euonymous alatus Burning bush Forsythia x intermedia Border forsythia Forsythia viridissima Greenstem forsythia Hamamelis vemalis Vernal witchhazel 58 iManage:23 7695_1 Hamamelis virginiana Common witchhaze Hydrangea paniculata Panical hydrangea Ilex verticillata Common winterberry Physocarpus opulifolius Common ninebark Rhus glabra Smooth sumac Rhus typhina Staghorn sumac Sambucus canadensis Elderberry Syringa spp. Lilac Tamarix ramosissima Five stamen tamarix Viburnum dentatum Arrowwood viburnum Viburnum lantana Wayfaringtree viburnum Viburnum lentago Nannyberry viburnum Viburnum opulus European cranberry viburnum Viburnum prunifolium Blackhaw viburnum Viburnum trilobum American cranberry viburnum Viburnum x burkwoodii Burkwood viburnum Viburnum x rhytidophylloides Lantanaphyllum viburnum Weigela florida Old fashioned weigela e. EVERGREEN SHRUBS (minimum height at installation - 5 feet) Botanical Name Common Name Juniperus species Upright juniper Juniperus Virginiana Eastern red -cedar Thuja occidentalis Arborvitae Tsuga canadensis Canadian hemlock 59 iManage:23 7695_1 f. SMALL DECIDUOUS SHRUBS (minimum height at installation - 24 inches) Botanical Name Common Name Amelanchier stolonifera Running serviceberry Aronia melonocarpa Black chokeberry Aronia arbutifolia Red chokeberry Berberis thunbergii Japanese barberry Berberis x mentorensis Mentor barberry Ceonothus americanus New Jersey tea Cotoneaster apiculata Cranberry cotoneaster Cotoneaster adpressus Creeping cotoneaster Cotoneaster horizonalis Rockspray cotoneaster Forsythia viridissima Greenstem forsythia Hamamelis vernal is Vernal witchhazel Hamamelis virginiana Common witchhazel Hydrangea species Hydrangea Hypericum species St. John's wort Hex verticillata Common winterberry Myrica pennsylvanica Bayberry Ribes alpinum Alpine currant Rhus aromatica Gro low sumac Rosa species Rose Stephanandra incisa Cutleaf stephanandra Syringa meyeri Meyer lilac Syringa patula Miss kim lilac 60 iManage:237695 _I Viburnum species Viburnum shrubs Weigela florida Old fashioned weigela g. SMALL EVERGREEN SHRUBS (minimum height at installation - 24 inches Botanical Name Common Name Buxus koreana x sempervirens Boxwood Buxus sempervirens Common boxwood Buxus microphylla Littleleaf boxwood Juniperus chinensis Chinese juniper Juniperus horizontalis Creeping juniper Juniperus procumbens Japgardenjuniper Pinus mugo var. mugo Mugo Pine Rhododendron species Rhododendron Taxus x media Dense yew h. PERENNIAL PLANTS Botanical Name Common Name Astilbe species Perennial false spiraea varieties Chrysanthemum species Garden mum and daisy varieties Coreopsis species Tickseed varieties Dicentra species Bleeding heart varieties Echinacea species Coneflower varieties Hemerocallis species Daylily varieties Heuchera species Coral bells varieties Hosta species Plantain lily varieties Iris species Iris varieties 61 iManage:23 7695_1 Peonia species Rudbeckia species 1. GROUNDCOVER PLANTS Peony varieties Coneflower varieties Botanical Name Common Name Ajuga reptans Ajuga Arctostaphylos uva-ursi Bearberry or kinnikinnick Asarum europaeum Wild ginger Bergenia cordifolia Pigsqueak or heart-Ieafbergenia Carex morrowii Ice dance Japanese sedge Clematis species Clematis Euonymous fortunei Japanese winter creeper Hedera helix English ivy Helleborus orientalis Lenten-rose Heuchera species Coral bells Hydrangea anomola ssp. petiolaris Climbing hydrangea Iberis sempervirens Candytuft Juniper communis var. repanda Creeping juniper Juniper procumbens Dwarfjapanese garden juniper Liriope spicata Creeping lily-turf Mahonia repens Creeping mahonia Microbiota decussate Siberian cypress Pachysandra procumbens Allegheny pachysandra Pachysandra terminalis Japanese pachysandra Parthenocissus quinquefolia Virginia creeper 62 iManage:23 7695_1 Parthenocissus tricuspidata Boston ivy Paxistima canbyi Cliff-green Polygonum reynoutria Fleeceflower Polystichum acrostichoides Christmas fern Sedum species Sedum Thymus serpyllum Creeping thyme Vinca minor Common periwinkle Waldsteinia ternata Barren strawberry D. Maintenance Of Plant Materials: The owner of the premises shall be responsible for the maintenance, repair and replacement of all landscaping materials and barriers, including refuse disposal areas, walls, fences, etc., as may be required by the village. When any existing landscaping materials are removed from a nonsingle-family residential property, the removed materials must be replaced in similar kind and quantity. A means of irrigating plant material shall be provided. Installation of an automatic underground sprinkling system is required. E. Planting Beds: Planting beds shall be mulched in their entirety with shredded bark or other similar material. F. Walls And Fences: Plant materials shall be placed intermittently against long expanses of building walls, fences and other barriers to create a softening effect. G. Detention/Retention Basins And Ponds: Detention/retention basins and pond areas shall be planted. Such plantings shall include shade and ornamental trees, evergreens, shrubbery, hedges and/or other live planting materials. Plants must be able to tolerate wet conditions if planted within the basin. H. Energy Conservation: 1. Deciduous trees, shrubs and vines should dominate the south and west sides of buildings and plaza areas to provide shade during the summer and limited shade during winter. 2. Evergreens and other plant materials should be concentrated on the north side of buildings in a manner which dissipates the effect of winter winds. 63 1. Benning: Earthen berms and eXlstmg topography shall, wherever practical, be incorporated into the landscape treatment of a site. Such benns must meet the requirements specified in chapter 16, article VII of this code. J. Topography: Where natural, existing topographic patterns contribute to the beauty and utility of a development, they shall be preserved and developed. Modification of topography may be allowed where it contributes to the aesthetic quality of the site. K. Protection Of Plant Material And/Or People: In locations where plant material and/or people will be susceptible to injury, install appropriate curbs, tree guards, or other devices. L. Areas Where Plant Material Will Not Prosper: In areas where general planting will not prosper, other materials (such as fences, walls and pavings of wood, brick, stone, pea gravel, and cobbles) shall be used. Carefully selected plant material shall be combined with such materials where possible. M. Exterior Landscape Lighting: Exterior landscape lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a size and design compatible with the building and adjacent areas. Lighting shall be restrained in design, and excessive brightness and brilliant colors shall be avoided. Utility services shall be underground and light fixtures and levels shall comply with the Village's lighting requirements (Sec. 14.314 of this Code). N. Amenities: In commercial/industrial areas the following, where appropriate, shall be provided: seating areas; paved areas; plant enclosures; benches; waste receptacles; lights; etc. O. Service Yard Screening: Service yards, loading docks and other places that tend to be unsightly shall be screened. Screening shall be equally effective at all times of the year. P. Innovative Landscaping: Innovative landscaping treatments are encouraged and shall be considered as a positive attribute in connection with any request for a variation from the requirements of this code. SECTION 77: Section 14.2306, "Parking Lot Landscaping", of Article 23, Landscape Requirements, of the Mount Prospect Village Code, shall be amended as follows: A. The text of Sub-subsection 2, "Planting Areas", of Subsection B, "Interior Plantings", shall be deleted in its entirety and replaced with the following: 2. Planting Areas: a. A planting island of at least one hundred twenty (120) square feet in area, and at least seven feet (7') in width, as measured back of curb to back of curb shall be provided iManage:23 7695_1 64 for every seventeen (17) parking spaces. A planting island shall be required at the end of each row of parking stalls. B. The text of Sub-subsection b, of Subsection 3, "Planting Materials", shall be amended by inserting the following sentence: "One shade tree shall be provided for every one hundred twenty (120) square feet of area in a landscape planting island", to be and read as follows: One shade tree shall be provided for every one hundred twenty (120) square feet of area in a landscape planting island. There shall be at least fifty percent (50%) live coverage. SECTION 78: Subsection A, "Setback", of Section 14.2307, "Foundation Landscaping", of Article 23, Landscape Requirements, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: A. Setback: A landscaping area a minimum of ten feet (10') in width shall be located provided when possible around the perimeter of all buildings; decorative, year-round planter boxes and pots may be an acceptable alternative subject to approval of the community development director. SECTION 79: Section 14.2308, "Perimeter Landscaping", of Article 23, Landscape Requirements, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: 14.2308: PERIMETER LANDSCAPING: A. Applicability: All nonresidential and multiple-family developments shall provide perimeter landscaping in accordance with the provisions of this article. When a parking lot is located on the perimeter, the requirements of section 14.2306 of this chapter, parking lot landscaping, shall be adhered to. B. Nonresidential Property Abutting Nonresidential Property: Where nonresidential property abuts property zoned for nonresidential use, landscaping shall be provided as follows: 1. Shade trees shall be provided at the equivalent of seventy five feet (75') apart along the abutting property line. Such trees may be clustered or spaced linearly as determined appropriate. 2. Other landscaping materials, including berms, ornamental trees, evergreens, shrubbery, hedges, andlor other live planting materials shall be provided at appropriate locations along the abutting property line. 3. Except where occupied by planting beds, all perimeter landscaping areas shall use salt hardy materials. C. Nonresidential Property Abutting Residential Property: Where nonresidential property abuts property zoned for residential use, landscaping shall be provided as follows: iManage:23 7695_1 65 1. In addition to the required fencing, landscaping shall consist of berms, trees, evergreens, shrubbery, hedges, and/or other live planting materials. 2. Shade trees shall be provided at the equivalent of not more than seventy five feet (75') apart along the abutting property line. Such trees may be clustered or spaced linearly as determined appropriate. 3. Except where occupied by planting beds, all perimeter landscaping areas shall use salt hardy materials. D. Multiple-Family Residential Property: Where multiple-family residential property abuts other property, landscaping shall be provided as follows: 1. Shade trees shall be provided at the equivalent of not more than seventy five feet (75') apart along the abutting property line. Such trees may be clustered or spaced linearly as appropriate. 2. Other landscaping materials, including berms, if possible, ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials shall be provided at intermittent locations across fifty percent (50%) of the abutting property line. Shrubs shall be placed in clusters containing seven (7) to nine (9) per cluster, spaced at intervals of approximately thirty five feet (35') along the abutting property line. 3. Except where occupied by planting beds, all perimeter landscaping areas shall use salt hardy materials. E. Screening Of Refuse Disposal Areas: All refuse disposal areas shall be screened on all four (4) sides by a solid wood fence or an equivalent screening material to a height of six feet (6') or height of proposed refuse disposal containers, whichever is greater. F. Screening of Ground Based Utilities: All ground based utility boxes, transformers, generators, or similar structures under six (6) feet in height shall be screened from view utilizing landscaping which will grow to the height of the ground based utility. Ground based utilities in excess of six (6) feet in height shall be screened via means of an enclosure which matches materials used on the primary building on the lot and appropriate landscape materials to screen the enclosure. SECTION 80: Section 14.2309, "Tree Preservation", of Article 23, Landscape Requirements, of the Mount Prospect Village Code, shall be deleted in its entirety and replaced with the following: A. The second sentence of Sub-subsection (1) of Subsection A, "Tree Removal Procedure", shall be deleted and replaced with the following: "This section does not apply to tree removal by individual homeowners on a single private property. iManage:23 7695_1 66 B. The word "ash" shall be deleted from sub-subsection (6)(f) of Subsection (B), Protection Of Existing Trees, the remaining tree types to be relettered alphabetically. SECTION 81: Section 14.2401, "Purpose", of Article 24, Definitions, of the Mount Prospect Village Code, shall be amended as follows: A. In the definition of Daycare Home, the number "eight (8)" shall be deleted and replaced with the number "twelve (12"), to be and read as follows: DA YCARE HOME: A family home which receives more than three (3) and up to a maximum of twelve (12) children for less than twenty four (24) hours per day, provided the mix of the children's ages does not require an assistant pursuant to the Illinois department of children and family services' licensing standards for daycare homes. The maximum of twelve (12) children includes the family's natural, foster or adopted children and all other persons under the age of twelve (12). Daycare homes shall meet all applicable village, county and state regulations. B. The definition of "Density (Gross)" shall be deleted in its entirety. C. The definition of "density" shall be inserted alphabetically to read as follows: DENSITY: The number of dwelling units permitted per acre of land excluding land area occupies by public or private streets. D. The definition of "Floor Area Gross" shall be deleted in its entirety and replaced with the following: FLOOR AREA: The sum of the gross horizontal area of all floors of a building, including principal and accessory structures and storage areas as measured from the exterior walls. Floor area shall exclude: A. Areas used for storage of building, mechanical and HV AC equipment; B. Interior loading docks; and C. Basements in single-family dwellings. E. The word "living" shall be deleted from the definition of "Floor Area Radio (FAR)", to be and read as follows: "FLOOR AREA RATIO (FAR): Determined by dividing the number of square feet of gross floor area of space in all buildings on a lot by the square feet of area of that lot." F. The definition of "gazebo" shall be inserted alphabetically to be and read as follows: "GAZEBO: A freestanding roofed structure that is at least twenty-five percent (25%) open-sided and is designed for recreational use." G. The definition of "greenhouse" shall be inserted alphabetically to be and read as follows: iManage:23 7695_1 67 "GREENHOUSE: A structure constructed primarily of glass or other translucent material which is devoted to the protection or cultivation of flowers or other plants." H. The definition of "Park, Community", shall be inserted alphabetically to be and read as follows: "PARK, COMMUNITY: A park by size, program, and location which provides space and recreation activities for a defined service area or a significant geographic segment of the community. Such facilities may provide both outdoor and indoor recreational areas including open space, athletic fields, public pools, community centers, recreational centers, or similar uses and their related off-street parking facilities." 1. The definition of "Park, Neighborhood", shall be inserted alphabetically to be and read as follows: PARK, NEIGHBORHOOD: A park by size, program, and location which provides space and recreation activities for residents and businesses located within a one mile radius. Such facilities shall be limited to primarily outdoor recreation areas including open space, athletic fields, tot lots, public pools, or similar uses. J. The definition of "Senior Housing", shall be inserted alphabetically to be and read as follows: SENIOR HOUSING: Housing in which all dwelling units are intended, designed, maintained, and operated exclusively for occupancy by persons sixty-two (62) years of age or older. K. The definition of "Shed", shall be deleted in its entirety and replaced with the following: SHED: small accessory building, whether or not placed on a permanent foundation, that is designed to store household items and equipment necessary to maintain and upkeep the primary structure and the property that it is located upon. L. The definition of "Solar Energy Conversion System", shall be inserted alphabetically to be and read as follows: SOLAR ENERGY CONVERSION SYSTEM: A solar photovoltaic device that converts solar energy into electricity or mechanical energy that can be used to power machinery, appliances, or generators. M. The definition of "Tavern/Lounge", shall be deleted in its entirety and replaced with the following: TAVERN: For purposes of the zoning ordinance only, a tavern is a building or portion of a building where alcoholic beverages are sold to be consumed on the premises. Such facilities would not include restaurants where the principal business is serving food. N. The definition of "Wind Energy Conversion System", shall be inserted alphabetically to be and read as follows: iManage:23 7695_1 68 WIND ENERGY CONVERSION SYSTEM: An apparatus for converting the energy available in the wind to electricity or mechanical energy that can be used to power machinery appliances, or generators. SECTION 82: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this _ day of ,2009. Irvana K. Wilks, Mayor ATTEST: M. Lisa Angell, Village Clerk H:\CLKO\WIN\ORDINANCE2\Chapter 14 - Zoning Code (2).DOC iManage:23 7695_' 69