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HomeMy WebLinkAboutOrd 3376 10/18/1983ORDINANCE NO. 3376 AN ORDINANCE AMENDING CHAPTER 14 0 ~ THE' ~LLAGE CODE 0 ~MOLNT PROSPECT ENTITLED "ZONING" WITH RESPECT TO ~EES iN LIEU O~ REQ~RED PAR,K,~NG SPACES PASSED AND APPR0 ~D BY THE PRESIDENT AND BOARD O~ TR~TEES THE 18th DAY OF OCTOBER, 1983 Published in pamphlet form by authority of the corporate authorities of the ~llage of Mount Prospect, Illinois, the 19th ~ay of October, 1983 ORDINANCE NO. 3376 AN ORDINANCE AMENDING CHAPTER 14 OF THE VILLAGE CODE OF MOD~T PROSPECT ENTITLED "ZONING" WITH RESPECT TO FEES IN LIEU OF REQUIRED PARKING SPACES WHEREAS, the Village of Mount Prospect, as Petitioner, has submitted a petition for a text amendment to Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect, Illinois with regard to the provision of fees in lieu of required parking within the Central Business District, as set forth in Article XXVIII of Chapter t4 of the Village Code; and WHEREAS, the Village of Mount Prospect has adopted a Comprehensive Plan which identifies the Central Business District as an area with unique characteristics requiring special development and rehabilitation regulations and programs; and WHEREAS, said zoning amendment has been forwarded to the Zoning Board of Appeals which Board has held a public hearing on the subject request (designated as Case No. 38-A-83) on the llth day of August, 1983, pursuant to due and proper publication thereof in the Mount Prospect Herald; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendation to the President and Board of Trustees that the subject text amendment be denied; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given further consideration to the zoning amendment and have determined the same to be necessary and that the best interests of the community would be served by adopting said text amendment. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect, Illinois, 1981, as amended, is hereby further amended by deleting subparagraph 2 of Section !4.107.B of Article I in its entirety and by substituting therefor the following: "2. Whenever the existing use of the building or structure shall hereafter bechanged to a new use, parking or loading facilities shall be provided as required for such new use: However, if the said building or structure was erected prior to the effective date of the Chapter, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use. If the building or structure was erected prior to the effective date of this Chapter, and is located within the Central Business District as defined by Exhibit I in Section 14.2803 of this Chapter and additional parking spaces cannot be provided, then fees in lieu of parking spaces shall be provided to the Village. The fee for each such parking space shall be $t,800.00,'which fee may be adjusted from time to time by the Village. Such fees shall be placed in a park~%g fund with the Village and used for parking facilities within the defined Central Business District. " SECTIO~ ~O: That Chapter 1~ entitled "Zoning'~ of tDc ~llaqe C~e of ~ount Prospect, 19~1, as amended, be BA 38-A-83 Pg 2 of 2 further amended by deleting subparagraph 3 of Section 14.604.A of Article VI in its entirety and by substituting therefor the following: "3. To vary the applicable off-street parking and off- street loading requirements contained in this Chapter; however, for any business located with the Central Business District, as defined in Exhibit 1 of Section 14.2803 of this Chapter, which seeks a variation to provide less than the required number of parking spaces or spaces of reduced size in connection with an addition of new floor space or because of an intensification of the existing use in terms of parking requirements, fees in lieu of such parking spaces shall be provided to the Village. The fee for each such parking space shall be not less than $1,800.00; which fee may be adjusted from time to time by the Village. Such fees shall be placed in a parking fund with the Village and used for parking facilities within the defined Central Business District. Any variation granted must state findings consistent with the standards provided in Section 14.605 of this Village Code. " SECTION THREE: That Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect, Illinois, 1981, as amended, is hereby further amended by adding to Section 14.605 of Article VI two entirely new subparagraphs to read as follows: "8. For any parking variation requested, which includes elimination of existing parking spaces, the petitioner has proved that the elimination of existing parking will not adversely affect the supply of parking within the immediate area. For any parking variation requested, which would result in the petitioner providing less that fifty percent (50%) cf the total required number of parking spaces, the petitioner has proved that there is adequate parking in the area and the parking demand from the proposed use will not be detrimental to surrounding business. " SECTION FOUR: 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: Arthur, Farley,Murauskis, Van Geem NAYS: None ABSENT: Floros, Wattenberg PASSED and APPROVED this l_~th day of October , 1983. ATTEST: Village President