HomeMy WebLinkAboutOrd 5173 03/06/2001 ORDINANCE NO. 5173
AN ORDINANCE AMENDING CHAPTER 14 (ZONING)
OF THE MOUNT PROSPECT VILLAGE CODE
Passed and approved by
the President and Board of Trustees
the 6th day of March, 2001
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
7th day of March, 2001
BC
?J27/01
VWL
ORDINANCe: NO. s173
AN ORDINANCE AMENDING CHAPTER 14 (ZONING)
OF THE VILLAGE CODE OF MOUNT PROSPECT
WHEREAS, the Petitioner (The Village of Mount Prospect) has filed an appJication for certain text
amendments to Chapter 14 (Zoning) of the Village Code of Mount Prospect to amend vadous
regulations; and
WHEREAS, a Public Hearing was held on the proposed amendments, being the subject of ZBA Case
No. 04-01, before the Zoning Board of Appeals on January 25, 2001, pursuant to due and proper legal
notice having been published in the Mount Prospect Journal & Topics on the 10th day of January, 2001;
and
WHEREAS, the Zoning Board of Appeals has submitted its findings and positive recommendations to
the President and Board of Trustees of the Village of Mount Prospect and the President and Board of
Trustees of the Village have given consideration to the requests being the subject of ZBA 04-01.
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the
President and Board of Trustees of the Village of Mount Prospect.
SECTION TWO: Section 14.201 entitled "ORGANIZATION" of Chapter 14, as amended, is hereby
further amended by deleting said Section in its entirety and substituting therefor the following new
Section 14.201, so that hereafter said Section 14.201 shaJl be and read as follows:
"14.201: ORGANIZATION: The administration of this Chapter is hereby vested in the
following elected and appointed Boards and professional staff:
· Village Board of Trustees
· Zoning Board of Appeals
· Director of Community Development
The administrative functions of this Chapter are as follows:
· Zoning compliance reviews
· Issuance of certificates of occupancy
· Variations
· Text and map amendments
· Appeals
· Conditional uses
· Public hearings
· Fees and penalties
· Minor variations"
Chapter 14
Page 2/6
SECTION THREE: Subsection 14.202.C.4 entitled "Director of Community Development" of Chapter
14, as amended, is hereby further amended by deleting said Subsection in its entirety and substituting
therefor the following new Subsection 14.202.C.4, so that hereafter said Subsection shall be and read
as follows:
"4. Maintain possession of appropriate records and files pertaining to the Zoning Ordinance,
including, but not limited to, zoning maps, amendments, conditional uses, variations, appeals
and minor variations."
SECTION FOUR: Subsection 14.14.202.C. entitled "Director of Community Development" of Chapter
14, as amended, is hereby further amended by adding a new Subsection 14.202.C.9, which shall read
as follows:
"9. Conduct administrative hearings and make final determinations on minor variations."
SECTION FIVE: Subsections 14.203.C.1, 14.203.C.2, 14.203.C.3, and 14.203.C.4 of Chapter 14, as
amended, are hereby further amended by deleting said sections in their entirety, and adding new
Sections 14.203.C.1, 14.203.C.2, 14.203.C.3 and 14.203.C. 4 which shall be and read as follows:
"1. Intent: Variations shall be granted or recommended for approval only where the Zoning
Board of Appeals, or in the case of minor variations, the Director of Community Development,
makes findings of fact in accordance with the standards set forth in this Chapter, and further
finds that the regulations of this Chapter will impose practical difficulties or particular hardships
on the petitioner in carrying out the strict letter of the regulations of this Chapter.
2. Authority: The Director of Community Development may, after an administrative
hearing, grant a minor variation as provided in this Chapter. The Zoning Board of Appeals
may, after a public hearing, grant or recommend for approval a variation in harmony with the
general purpose and intent of this Chapter.
3. Initiation: An application for a minor variation or variation may be made by any person,
firm, other entity, corporation, or by any governmental entity requesting or intending to request
application for a building permit.
4. Filing Of Applications: An application for a minor variation or variation shall be filed
with the Director of Community Development on forms obtained from the Community
Development Department. Such form shall include all information necessary for processing
the request, including but not limited to a statement on specific hardship, the extent of
variation requested, legal description of subject property, survey, site plan, appropriate proof
of ownership, or proof of authority. The application form may be revised from time to time.
The application shall be filed with the appropriate fee in an amount established by the Board
of Trustees."
Chapter 14
Page 3/6
SECTION SIX: Section 14.202. entitled "ADMINISTRATIVE BODIES AND SPECIFIC DUTIES" of
Chapter 14, as amended, is hereby further amended by adding a new Section 14.202.B.2, which shall
read as follows:
"2. To hear and decide as final administrative authority, all petitions for fence variations
and variations which do not exceed twenty five percent (25%) of any requirement of this
Chapter, except for minor variations as described in this Section."
SECTION SEVEN: Section 14.203 of Chapter 14, as amended, is hereby further amended by inserting
a new Subsection 14.203.C.11 entitled "Minor Variation" in its entirety, and renumbering existing
Subsections 14.203.C.11, 14.203.C.12, and 14.203.13 accordingly:
"14.203.C.11 Minor Variations:
a. Action By Director of Community Development: The Director of Community
Development shall hear and decide as final administrative authority, all petitions for
minor variations for existing nonconforming accessory structures that:
1. Will be replaced with the same type of structure,
2. do not exceed a total of two accessory structures per lot of record,
3. extend into no more than 40% of the required interior side yard setback,
4. extend into no more than 10% of the rear yard setback or
5. where the applicable lot coverage does not exceed the maximum permitted for that
zoning district by more than 10%.
b. In all petitions for Minor Variations, the Director of Community Development shall make
findings of fact based on the petition and pubtic input according to the following
standards:
1) Whether the regulation from which relief is sought was in existence when the
applicant either purchased or improved the property.
2) Whether the applicant changed the property in some way so as to create the
nonconformity.
3) Whether the requested relief will be out of character with the neighborhood.
4) Whether there are other structures within the same Zoning District, which either
violate or have received a variation from the same regulation.
5) Whether the negative impact on the applicant, in not being able to use the property
in the specific manner requested substantially outweighs any negative impact on
the adjacent properties if the variation is granted.
6) Whether the request is the minimum necessary to use the property in a manner
reasonably similar to other uses in the neighborhood.
7) Whether a reasonable alternative is consistent with the expressed terms of the
Zoning Ordinance.
Chapter 14
Page 4/6
c. Administrative Hearings shall be held for minor variations only and in compliance with
the provisions as described in this Section.
1) Upon receipt of an application for a minor variation, the Director of Community
Development shall review the application for completeness and assign a case
number to the request.
2) For all applications for a minor variation, the applicant shall provide to the
Department of Community Development a list of all owners of record of property
lying within one hundred feet (100'), exclusive of right-of-way width, of the parcel
subject to the public hearing. The applicant shall attest in writing that the list of
property owners is true and accurate. The Director of Community Development
shall cause a copy of the public notice to be mailed to all property owners on the
list no more than 30 days nor less than seven days prior to the hearing.
3) An administrative notice shall contain the case number assigned to the application,
the address of the property, a brief statement on the nature of the minor variation,
the name and address of the property owner, the petitioner and their legal
representative, and the date, time and location of the administrative hearing.
4) For all applications for a minor variation, the Director of Community Development
shall also cause one or more signs to be posted on the property, which is the
subject of the administrative hearing.
5) The number and location of signs shall be determined by the Director of
Community Development.
6) The sign must be a minimum of thirty inches by thirty inches (30" x 30") in size,
having letters a minimum of two inches (2") high, and contain the following
information:
a. The fact that an administrative hearing that affects the subject property will be
held, with direction to interested members of the general public to call the office
of the Community Development Director for further information concerning
date, time and place and subject matter of said administrative hearing.
b. Any interested person may appear and be heard at the hearing and such
appearance may be made in person, by agent (if a corporation), or in writing.
d. Appeal Of Director of Community Development Decision
Any individual may file an appeal of the decision of the Director of Community
Development regarding a minor variation with the Zoning Board of Appeals. Such
appeal shall be filed with the Director of Community Development within five (5)
calendar days of the Director's decision."
Chapter 14
Page 5/6
SECTION EIGHT: Section 14.805, as amended, is hereby further amended by including the following
Subsection 14.805.E, and said Subsection shall be and read as follows:
"E. Floor Area Ratio (FAR): FAR shall not exceed a .35 FAR."
SECTION NINE: Sections 14.905, 14.1005, 14.1105, and 14.1205, as amended, are hereby further
amended by including the following Subsections 14.905.E, 14.1005.E, 14.1105.F, and 14.1205.F, and
said Subsections shall be and read as follows:
"Floor Area Ratio (FAR): FAR shall not exceed .5"
SECTION TEN: Subsection 14.306.B.1, entitled "Maximum Size" as amended, is hereby further
amended by deleting said subsection in its entirety and substituting therefor the following new
Subsection 14.306.B.1 so that hereafter said Subsection shall be and read as follows:
"1. Maximum Size: Permitted accessory buildings used as detached private garages shall be
no larger than six-hundred seventy two (672) square feet. No accessory building used as a
storage shed shall be larger than one hundred-twenty (120) square feet."
SECTION ELEVEN: Subsections 14.803.A, 14.903.A, and 14.1103.A, entitled "CONDITIONAL USES"
as amended, are hereby further amended by deleting the following text from each Subsection:
"Detached garages designed to house more than two (2) motor vehicles."
SECTION TWELVE: Subsection 14.1003.A, entitled "CONDITIONAL USES," as amended, is hereby
further amended by deleting the following text from said Subsection:
"Garages designed to house more than two (2) motor vehicles."
SECTION THIRTEEN: Section 14.306, entitled "ACCESSORY STRUCTURES," as amended, is hereby
further amended by adding a new Subsection 14.306.A.5, which shall be and read as follows:
"5. Number of Accessory Structures: The maximum number of accessory structures shall not
exceed two such structures per zoning lot. Swimming pools are exempt from the total number of
accessory structures."
SECTION FOURTEEN: Subsection 14.304.D., entitled "Construction," as amended, is hereby further
amended by deleting paragraph 14.304.D.2.a in its entirety, and substituting therefor the following new
paragraph 14.304.D.2.a. so that hereafter said paragraph shall be and read as follows:
"2. Construction:
a. Wood and chain link fences shall be constructed so that only a smooth finished side
faces an abutting lot or road."
hapter 14
Page 6/6
SECTION FIFTEEN: Subsections 14.1504.A., 14.1604.A., 14.1704.A., 14.1804.A., 14.2004.A., and
14.2104.B., entitled "BULK REGULATIONS" of Chapter 14, as amended, ara hereby further amended
by deleting the following text from each Subsection:
"and parking lots".
SECTION SIXTEEN: Section 14.2401 entitled "Definitions" as amended, is heraby further amended by
including, in proper sequence, the following definitions:
"FLOOR AREA RATIO (FAR): The ratio of the total floor araa of a single family dwelling and
garage (except basement) to the area of the lot on which the building is built."
"MINOR VARIATION: Administrative railer from certain setback and lot coverage requirements
when an existing nonconforming accessory structura is being replaced."
SECTION SEVENTEEN: 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: Corcoran, Hoefert, Lohrstorfer, Prikkel, Skowron, Wilks
NAYS: None
ABSENT: ~one
PASSED and APPROVED this 6th day of March ,2001.
ATTEST: '~~dent~~
Vel Village Clerk