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HomeMy WebLinkAboutOrd 3610 02/18/1986ORDINANCE NO. 3610 AN ORDINANCE TO AMEND CHAPTER 14 ENTITLED "ZONING" AND CHAPTER 21 ARTICLE VI ENTITLED "FENCES" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS TO PROVIDE FOR CERTAIN CHANGES TO THE ZONING AND FENCE CODE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 18th DAY OF February , 1986. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 19th day of February ,1986. ORDINANCE NO. 3610 AN ORDINANCE TO AMEND CHAPTER 14 ENTITLED "ZONING" AND CHAPTER 21 ARTICLE VI ENTITLED "FENCES" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS TO PROVIDE FOR CERTAIN CHANGES TO THE ZONING AND FENCE CODE WHEREAS, the Planning and Zoning Department of the Village of Mount Prospect has proposed amendments to the Zoning Ordinance and the Fence Code to provide for changes to the off-street parking space definition, the official objection of rezonings by adjacent property owners, and to allow a six foot fence in certain instances; and WHEREAS, said amendment will reduce the hardship of residents adjacent to arterials, increase the enforcement effectiveness of the Zoning Ordinance, and bring the zoning objection requirements into compliance with State Statutes; and WHEREAS, a public hearing was held on said amendments, designated as Case No. ZBA-2-A-86 before the Zoning Board of Appeals of the Village of Mount Prospect on the 9th of January, 1986 pursuant to due and proper notice thereof published in the Mount Prospect Herald on the 24th day of December, 1985; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendations to the Board of Trustees of the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees have considered further the amendments and the findings and recommendations of the Zoning Board of Appeals and have determined that it is in the best interest of the community grant the amendment request. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Chapter 21, Article VI entitled "Fences" of the Village Code of Mount Prospect, Illinois, 1981 as amended, is hereby further amended by amending subsections 21.601.C.2 of Chapter 21 of Article VI of said Chapter 21 as follows: By amending paragraph 2 of subsection C to read as follows: "2. If 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 of Mount Prospect, and provided that a one foot (1') setback is maintained from the road right-of-way line. On a corner lot, any fence shall be placed entirely behind the rear building line along the side street." SECTION TWO: Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect, Illinois, 1981, as amended, is hereby further amended by amending subsection B. of Section 14.2602 entitled "Rules and Definitions" of Article XXVI thereof and subsection C of Section 14.806 entitled "Action by Board of Trustees" of Article VIII thereof of said Chapter 14 as follows: A. By amending the definition of Off-Street Parking Space in subsection B of Section 14.2602 to read as follows: "Off-street Parking Space A parking area nine feet by twenty feet (9' x 20'). Such space shall be exclusive of access drives, ramps and aisles, and shall be located on the same lot that it serves, or within one thousand feet (1,000') of the premises served as provided in this Chapter. Such space and the parking of vehicles or trailers thereon, shall consist of an approved surface of asphalt or concrete, which must be constructed in accor- dance with all Village Codes. No parking surface shall consist of dirt, clay, gravel, or grass." B. By amending subsection C of Section 14.806 to read as follows: "C. In case of a written protest against any proposed amendment, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjacent or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the Village Clerk, the proposed amendment shall not be passed except by a favorable vote of two-thirds (2/3) of all of the members of the President and Board of Trustees of the Village, present and voting. In such cases, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment. SECTION THREE This Ordinance shall be in effect from and after its passage, approval and pamphlet form as approved by law. full force and publication in AYES: Arthur, Farley, Van Geem, Wattenberg NAYS: None PASSED and APPROVED this 18th day of February , 1986. ATTEST: ~ ~~Villag~e cle~~