HomeMy WebLinkAboutOrd 5426 04/20/2004
ORDINANCE NO. 5426
AN ORDINANCE AMENDING CHAPTER 7, CHAPTER 14,
CHAPTER 16, AND CHAPTER 21
OF THE VILLAGE CODE OF MOUNT PROSPECT
Passed and approved by
the President and Board of Trustees
the 20th day of April, 2004
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the 21st day of April, 2004
'~
ORDINANCE NO. 5426
AN ORDINANCE AMENDING
CHAPTER 7, CHAPTER 14, CHAPTER 16 AND CHAPTER 21 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 1: Article II, Section 7.205 entitled "Exempt Signs" of Chapter 7 of the
Mount Prospect Village Code shall be amended by inserting the following new paragraph
"R" entitled "Signs Prohibiting Entry onto Private Property" which shall be and read as
follows:
7.205.R: SIGNS PROHIBITING ENTRY ONTO PRIVATE PROPERTY: No
more than four signs shall be allowed on any single-family residential zoning
lot and under no circumstances shall the total sign area exceed six square
feet. No more than one sign shall be permitted along each front, rear or side
property line.
SECTION 2: Article III, Section 14.304 entitled "Bulk Regulations" of Chapter 14 of
the Mount Prospect Village Code shall be amended by deleting the existing subparagraph
D(1 )(d) under Section 14.304 entirely and inserting the following new subparagraph D(1 )(d)
to be and read as follows:
d.
FENCEABLE AREA: Under no circumstances shall a fence enclose an
area that is less than 50% of the maximum fenceable area of a
residentially zoned property. This limitation shall not apply to fencing
around swimming pools.
SECTION 3: Article III, Section 14.304 entitled "Bulk Regulations" of Chapter 14 of
the Mount Prospect Village Code shall be amended by deleting the existing subparagraph
D(1)(e) under Section 14.304 entirely and inserting the following new subparagraph D(1)(e)
to be and read as follows:
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e. Fences up to five (5) feet in height will be permitted as follows,
and as shown on Exhibit 14.304D1 b in Section 14.2501 of this
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 setback one-foot from the
property line along the exterior side yard. If the exterior side
yard abuts the front 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.
SECTION 4: Article II, Section 14.202 entitled "Administrative Bodies and
Specific Duties" of Chapter 14 of the Mount Prospect Village Code shall be amended by
adding a new subparagraph (4) to paragraph (B) entitled "Planning and Zoning
Commission" which shall be and read as follows:
4. To hear and decide as final administrative authority, all Conditional Use
petitions to allow the construction of an attached unenclosed front porch
encroaching up to five feet (5') into the required front setback, with
respect to single-family residences with an approved certificate of
occupancy that was issued prior to May 18, 1999.
SECTION 5: Article III, Section 14-304 entitled "Bulk Regulations" of Chapter 14 of
the Mount Prospect Village Code shall be amended by adding a new subparagraph U) to
paragraph (D)(1) which new subparagraph U) shall be and read as follows:
j.
Arbors/Trellises. A maximum of two arbors or trellises, not exceeding
a height of eight (8) feet or a width of ten (10) feet, shall be permitted
except in any required front yard.
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SECTION 6: Article III, Section 14-306 entitled "Accessory Structures" of Chapter
14 of the Mount Prospect Village Code shall be amended by deleting subparagraph (E)(4)
of Section 14-306 and inserting in lieu thereof, the following new subparagraph (E)(4)
which shall be and read as follows:
4. Service walks, sidewalks, steps and handicap ramps up to five (5) feet in
width may encroach in the required front and exterior side yards; service
walks, sidewalks, and steps up to three (3) feet in width may encroach in
the required interior side and rear yards.
SECTION 7: Article III, Section 14-307 entitled "Standards for Home Occupations"
of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting paragraph
(E) in its entirety and inserting a new paragraph (E) and shall be and read as follows:
E.
No person shall be employed other than a member of the immediate
family residing in the dwelling unit, and no employees other than persons
residing on the premise shall report to work at or near the premises, either
for work to be completed within the residence or to be dispatched to work
at another location. The purpose of this standard is to ensure that no
nonresident comes to a dwelling for employment purposes, and to
minimize the traffic generated by the home occupation. No routine
attendance of employees associated with any home occupation shall be
allowed at the premises of the home occupation. "Routine Attendance"
shall mean that the conduct of the home occupation requires non-
domiciled persons to visit the premises of the home occupation as part of
the regular conduct of the occupation, without regard to the number,
frequency or duration of such visits.
SECTION 8:
Article III, Section 14-311 entitled "Outdoor Sales and Storage" of
Chapter 14 of the Mount Prospect Village Code shall be amended by adding a new
paragraph C entitled "Outdoor Storage on Residential Properties" and shall be and read as
follows:
C. Outdoor Storage on Residential Property. Outdoor storage on residential
properties is prohibited except for the following: lawn and garden equipment and
materials, garbage cans, grills and portable fireplaces, patio furniture, household
tools, children's play equipment, and other items similar to the above as determined
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by the Community Development Director. For regulations regarding the storage of
commercial vehicles, or recreational vehicles and equipment please refer to Article
XXII of this Code.
SECTION 9: Article VIII, Section 14-802 entitled "Permitted Uses" of Chapter
14 of the Mount Prospect Village Code shall be amended by deleting "Single-family
detached dwellings, including dwellings with an attached three (3) car garage" from
paragraph A and inserting "Single-family detached dwellings, with or without attached
garages" in lieu thereof.
SECTION 10: Article VIII, Section 14-802 entitled "Permitted Uses" of Chapter
14 of the Mount Prospect Village Code shall be amended by deleting "Limited Daycare"
from paragraph A and inserting "Day Care Home" in lieu thereof.
SECTION 11: Article VIII, Section 14-803 entitled "Conditional Uses" of
Chapter 14 of the Mount Prospect Village Code shall be amended by deleting "Daycare
Homes" from paragraph A and inserting "Day Care Center" in lieu thereof.
SECTION 12: Article VIII, Section 14-805 entitled "Bulk Regulations" of
Chapter 14 of the Mount Prospect Village Code shall be amended by deleting
paragraph (D)(1) entitled "Residential Buildings" in its entirety and inserting the following
new paragraph (D)(1) which shall be and read as follows:
1. Residential Buildings: The maximum height of a residential building shall not
exceed thirty-five feet (35').
SECTION 13: Article IX, Section 14-902 entitled "Permitted Uses" of Chapter
14 of the Mount Prospect Village Code shall be amended by deleting "Single-family
detached dwellings, including dwellings with an attached three (3) car garage" and
"Limited Daycare" from paragraph A and inserting "Single-family detached dwellings,
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with or without attached garages" and "Day Care Home" in lieu thereof.
SECTION 14: Article IX, Section 14-903 entitled "Conditional Uses" of Chapte'r
14 of the Mount Prospect Village Code shall be amended by deleting "Daycare Homes"
from paragraph A and inserting "Day Care Center" in lieu thereof.
SECTION 15: Article IX, Section 14-905 entitled "Bulk Regulations" of Chapter
14 of the Mount Prospect Village Code shall be amended by deleting paragraph (D)(1)
entitled "Residential Buildings" in its entirety and inserting the following new paragraph
(D)(1) which shall be and read as follows:
1. Residential Buildings: The maximum height of a residential building shall not
exceed twenty-eight feet (28').
SECTION 16: Article X, Section 14-1002 entitled "Permitted Uses" of Chapter
14 of the Mount Prospect Village Code shall be amended by deleting "Single family
detached dwellings" and "Limited Daycare" from paragraph A and inserting "Single-
family detached dwellings, with or without attached garages" and "Day Care Home" in
lieu thereof.
SECTION 17: Article X, Section 14-1003 entitled "Conditional Uses" of Chapter
14 of the Mount Prospect Village Code shall be amended by deleting "Daycare Homes"
from paragraph A and inserting "Day Care Center" in lieu thereof.
SECTION 18: Article X, Section 14-1005, entitled "Bulk Regulations" of
Chapter 14 of the Mount Prospect Village Code shall be amended by deleting
paragraph (D)(1) entitled "Residential Buildings" in its entirety and inserting the following
new paragraph (0)(1) which shall be and read as follows:
1. Residential Buildings: The maximum height of a residential building shall not
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exceed twenty-eight feet (28').
SECTION 19: Article XI, Section 14-1102 entitled "Permitted Uses" of Chapter
14 of the Mount Prospect Village Code shall be amended by deleting "Single-family
detached dwellings, including dwellings with an attached three (3) car garage" and
"Limited Qaycare" from paragraph A and inserting "Single-family detached dwellings,
with or without attached garages" and "Day Care Home" in lieu thereof.
SECTION 20: Article XI, Section 14-1103 entitled "Conditional Uses" of
Chapter 14 of the Mount Prospect Village Code shall be amended by deleting "Daycare
Homes" from paragraph A.
SECTION 21: Article XI, Section 14-1105 entitled "Bulk Regulations" of
Chapter 14 of the Mount Prospect Village Code shall be amended by deleting
paragraph (D)(1) entitled "Residential Buildings" in its entirety and inserting the following
new paragraph (D)(1) which shall be and read as follows:
1. Residential Buildings: The maximum height of a residential building
shall not exceed twenty-eight feet (28').
SECTION 22: Article XII, Section 14-1202 entitled "Permitted Uses" of Chapter
14 of the Mount Prospect Village Code shall be amended by deleting "Single family
detached dwellings" and "Limited Daycare" from paragraph A and inserting "Single-
family detached dwellings, with or without attached garages" and "Day Care Home" in
lieu thereof.
SECTION 23: Article XII, Section 14-1203 entitled "Conditional Uses" of
Chapter 14 of the Mount Prospect Village Code shall be amended by deleting "Daycare
Homes" from paragraph A.
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SECTION 24: Article XII, Section 14-1205 entitled "Bulk Regulations" of
Chapter 14 of the Mount Prospect Village Code shall be amended by deleting
paragraphs (D)(1) and (D)(2) in their entirety and inserting the following new paragraphs
(D)(1) and (D)(2) which shall be and read as follows:
1. Single-Family and Two-Family Buildings: The maximum height of a
residential building shall not exceed twenty-eight feet (28').
2. Multi-Family Buildings: The maximum height of a multi-family building
shall not exceed thirty-five feet (35').
SECTION 25: Article XIII, Section 14-1302 entitled "Permitted Uses" of
Chapter 14 of the Mount Prospect Village Code shall be amended by deleting "Single
family detached dwellings" and "Limited Daycare" from paragraph A and inserting
"Single-family detached dwellings, with or without attached garages" and "Day Care
Home" in lieu thereof.
SECTION 26: Article XIII, Section 14-1304 entitled "Bulk Regulations" of
Chapter 14 of the Mount Prospect Village Code shall be amended by deleting
paragraph (D)(1) in its entirety and inserting the following new paragraph (D)(1) which
shall be and read as follows:
1. The maximum height of a multi-family building shall not exceed thirty-
four feet (34').
SECTION 27: Article XXII, Section 14-2208 entitled "Parking of Commercial
Vehicles in Residential Districts" of Chapter 14 of the Mount Prospect Village Code
shall be amended adding a new paragraph G entitled "Commercial Trailer Storage
Limitations" and re-Iettering the current paragraph G entitled "Application of Home
Occupancy Standards" to read paragraph H. The new paragraph G shall be and read
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maximum of eight (8) 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
Day Care Homes. The maximum of eight (8) children includes the family's
natural, foster or adopted children and all other persons under the age of twelve
(12). Day Care Homes shall meet all applicable Village, County and State
regulations.
SECTION 34: Article XXIV, Section 14-2401 entitled "Purpose" of Chapter 14
of the Mount Prospect Village Code shall be amended by adding a new definition
entitled "FAMILY HOME" to be placed alphabetically and shall be and read as follows:
FAMILY HOME: The location, or portion of the location, where the person to be
licensed as the primary caregiver in the Day Care Home resides and is
domiciled.
SECTION 35: Article XXV, Section 14.2501 entitled "Illustrations" of Chapter
14 of the Mount Prospect Village Code shall be amended by deleting the existing
Exhibit 14.304D1 b and a new (a) and (b) under "1. Permitted Five (5) foot fences" shall
be inserted as attached hereto as Exhibit "A".
SECTION 36: Article II, Section 16.202 entitled "Definitions" of Chapter 16 of
the Mount Prospect Village Code shall be amended by adding a new definition entitled
"Administrative Subdivision" which shall be inserted alphabetically and shall be and
read as follows:
ADMINISTRATIVE SUBDIVISION: A subdivision that may be approved by the
Director of Community Development and does not require a public meeting
before the Planning & Zoning Commission or approval by the Board of Trustees.
SECTION 37: A new Section 15.310 entitled "Administrative Subdivision" shall
be added to Article III entitled "Subdivision Procedures and Standards" of Chapter 15 of
the Mount Prospect Village Code which shall be and read as follows:
15.310
ADMINISTRATIVE SUBDIVISION.
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An administrative Subdivision shall be permitted in the following instances:
a.
An adjustment of a lot line between two (2) adjoining lots; or
b.
The consolidation of two (2) or more lots, parcels or tracts of land, either
in whole or part, into a single lot of record, when all of the properties are
under the same ownership.
With respect to the above, an Administrative Subdivision is permissible only if no
non-conformities are created with respect to these regulations. A final plat would
still be required.
SECTION 38: Article I, Section 21.105 entitled "Illinois Plumbing Code
Adopted" of the Village of Mount Prospect Village Code shall be amended by adding
the following new subparagraph (iv) to paragraph (C) of Section 890.810 of the Illinois
State Plumbing Code which shall be and read as follows:
890.810.C.iv. Ports-a-pots shall not be located within any required side yard or
within any right-of-way.
SECTION 39: Article I, Section 21.106 entitled "2000 International Residential
Code Adopted" of the Village of Mount Prospect Village Code shall be amended by
adding the following paragraph 8 to Section 21.106 which shall be and read as follows:
R328 - Construction Site Fencing: A minimum perimeter fencing of five (5)
feet in height shall be required for all substantial single-family development
projects, including, but not limited to, new construction, teardowns, and major
additions. The required fencing shall be maintained until the structure is properly
secured.
The remaining two paragraphs shall be renumbered.
SECTION 40: Article V, Section 21.501 entitled "Definitions of Words and
Phrases" of Chapter 21 of the Mount Prospect Village Code shall be amended by
deleting the definition of "BASEMENT" and inserting in lieu thereof, the following new
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definition of "BASEMENT" to be and read as follows:
BASEMENT: That portion of a building having no more than three (3) feet of its
floor-to-ceiling height above the average level of the adjoining finished grade.
SECTION 41: Article VI, Section 21.603 entitled "International Property
Maintenance Code Adopted: Amendments" of Chapter 21 of the Mount Prospect
Village Code shall be amended by adding the following new section "302.11 Compost
Piles" which shall be inserted in numerical order and shall be and read as follows:
302.11 Compost Piles. Compost Piles shall not exceed a maximum size of four
(4) feet tall by four (4) feet wide by four (4) long. Compost Piles shall be located
behind the principal structure and are not permitted within any required front or
side yards. Compost Pile must be located a minimum of five (5) feet from a
property line. Compost Piles shall be regularly tended to ensure the materials
are properly decomposing.
SECTION 42:
Article VI, Section 21.603 entitled "International Property
Maintenance Code Adopted: Amendments" of Chapter 21 of the Mount Prospect
Village Code shall be amended by adding a new definition entitled "Compost Pile" to
Section 202 General Definitions which shall be inserted alphabetically and shall be and
read as follows:
Compost Pile: A collection of easily decomposable, smaller particulate matter
maintained for the purpose of providing an ecologically sound method of
disposing of such materials.
SECTION 43: Article Section 21.603 entitled "International Property
Maintenance Code Adopted: Amendments" of Chapter 21 of the Village of Mount
Prospect Village Code shall be amended by adding the new section "302.3.1" which
shall be inserted in numerical order and shall be and read as follows:
302.3.1 Gravel Driveways and Parking Lots: Any existing gravel driveway or
parking lot shall be paved, in compliance with all applicable sections of the
Village Code, by January 1, 2015.
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SECTION 44:
A new Section 14.315 entitled "Conversion of Single-Family
Residential Attached Garages" shall be added to Article III entitled "General Provisions"
of Chapter 14 of the Mount Prospect Village Code which shall be and read as follows:
Section 14.315: Conversion of Single-Family Residential Attached Garages:
The conversion of a single-family residential attached garage into living shall be
permitted subject to the following conditions and all other applicable regulations
within the Village Code: 1) New garage space equal to or greater than the
amount to be converted shall be provided. The new garage space shall provide
sufficient space to park the same number of vehicles as exists in the garage
space to be converted into living space; 2) The garage door that provides access
to the area that is to be converted into living space shall be removed and
replaced with exterior materials similar in style and color to the home's exterior;
and 3) The existing driveway which serves the garage area to be converted into
living space shall be removed and a driveway serving the new garage shall be
provided.
SECTION 45:
That 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:
Hoefert, Skowron, Wilks, Zadel
NAYS:
None
ABSENT:
Corcoran, Lohrstorfer
PASSED and APPROVED this 20th day of April, 2004.
,..
ATTES~J/r~
Velma L e, Village Cler. . .
H: \C LKO\fi I es\ WI N\ORD INAN C\ T extAmendments ,Apr, 2004, Hill, McDon aid, Jacobs. doc
13
14.2501
EXHIBIT 14.304Dlb
1. PERMITTED FIVE (5) FOOT FENCES (please refer to section 14.304.D for additional
information)
a. Interior Lot
b. Comer Lots
Scenario A
Scenario B
.
.
.
.
.
.
.
.
Minimum
1 foot ----.
setback
House
...
House
....
Cb
~
~
House
....
Cb
~
~
..
. .
. . .
. . .
Street
Street
Street
Scenario A: When exterior side yard of property abuts the front yard of the adjoining property.
Scenario B: When exterior side yard of property abuts the exterior side yard of the adjoining property.
2. PERMITTED SIX (6) FOOT FENCES* (please refer to section 14.304.D for additional
information)
a. Inside Required Yards
b. Patio Screening**
.
..
I
I
: House
I
I
.
+
Side Yards
15' minimum
setback for
patio or deck
Rear Yard
-- - - r .-+_......~----
. ,
.
Front Yard
Front Yard
Street
Street
* Six (6) foot fences are also permitted along rear or exterior side lot lines \vhere abutting an arterial road.
* * Patio screening may not exceed 18 feet in total length.
Source: Village of i"WOllnt Prospect - Community Development Department (4/2004)