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HomeMy WebLinkAboutOrd 3198 03/16/1982 '~24/82 z~25/82 ORDINANCE NO. 3198 AN ORDINANCE TO AMEND CHAPTER 14 ENTITLED "ZONING" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Village of Mount Prospect, as Petitioner, has submitted a Petition for various tex~ amendments to Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect, Illinois, under Case No. ZBA 31-A-81 and WHEREAS, said text amendments include and pertain to the classification of foster homes and residential care homes, the designation of said homes as permitted or as special uses, and the establishment of certain regulations governing the location and establishment of residential care homes within the Village of Mount Prospect; and WHEREAS said zoning amendments have been forwarded to the Zoning Board of Appeals which has held public hearings on the same on December 3, 1981, December 7, 1981 and January 28, 1982, pursuant to due and proper publication; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendations pertaining to the various Zoning Amendments to the President and Board of Trustees of the Village of Mount Prospect; and WHEREAS, it is deemed to be in the best interests of the Village that said zoning text amendments be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect, Illinois, 1981, as amended, is hereby further amended as follows: A. By adding to Article I thereof entitled "General" a new Section 14.114 to read: Sect. 14.114 Requirements for Residential Care Homes In order to ensurq compatibility between existing neighborhoods and proposed Residential Care Homes; to safeguard the public environment and to provide a home environment, as well as care for the indivi- dual needs of the residents of Residential Care Homes; to prevent overconcentrations of such facilities; to insure adequate and reasonable control; and to facili- tate fair consideration of permit applications for such uses; the following requirements are set forth for Residential Care Homes: ko Ail Residential Care Homes shall be licensed by the State of Illinois, or, if no State licensing program exists, by the Village of Mount Prospect. Such license shall be subject to annual inspection and, if a Village license, annual renewal. No such facility shall be permitted to operate without proof of license being submitted to the Director of Community Development. Ail Residential Care Homes shall be subject to annual inspection by the Director of Community Development, the Code Enforcement Department and the Health Department, for compliance with all Village ordinances. e Residential Care FaCilities shall comply with the following location requirements: The minimum distance between any two group care homes and/or family care homes shall be one thousand (1,000) feet. The minimum idstance between any rehabili- tation home and any group home or any other rehabilitation home shall be two thousand (2,000) feet. The maximum combined population of all residential care homes shall not exceed one (1%) percent of the total population in the Neighbor- hood Statistic Area in which they are located, as defined by the U.S. Bureau of the Census. After two (2) rehabilitation homes are located within any given Neighborhood Statistic Area, no other such facilities shall locate in said Neighborhood until rehabilitation homes exist in at least seventy-five (75%) per cent of the other Neighborhood Statistic Areas within the Village. The ReSidential Care Home facility shall comply with all State and local codes. Any Residential Care'Home shall provide, at a minimum, one (1) off-street parking space for each two (2) residents or employees on the premises except that foster care homes and family care homes shall provide parking in accordance with the Zoning District in which it is located. Any Residential Care Home shall provide, at a minimum, one (1) bedroom for every two (2) residents and one (1) room for every one and one-quarter (1.25) residents. Ail applications for a Residential Care Home shall also address the following: 1. purpose of facility 2. clients to be served (age group, problems, number of clients) area to be served (name of each municipality located within area and number of clients residing therein) nature of supervision, both professional and non-professional 5. treatment program 6o adequacy of the facility for intended purpose in terms of bedrooms, kitchen, recreation, yard space, off-street parking 7· licensing requirements 8. financial condition (including submission of applicant's annual audit reports) 9. community facilities expected to be used 10· location and numbers of other group facilities in the neighborhood, and relationships, if any 11o building alterations, if any, needed to accommodate proposed program; and improvements necessary to meet building codes. 12. results of any meetings with con, unity group, or homeowner or hon~c~ner or tenant associations, or others' attempts to communicate with the neighborhood. -22~/ ~2 z~/82 B. By amending sub-section A of Section 14.1001 thereof entitled "Permitted Uses and Special Uses" in an R-X Single Family Residence District to add thereto new subparagraphs 5 and 6 to read: "5. Family Care Home 6. Foster Care Home" C. By amending sub-section C of Section 14.1001 thereof entitled "Permitted Uses and Special Uses" in an R-X Single Family Residence DiStrict to provide the following numbered special uses: "1. Day Care Home, as defined in Section 2212,18 of Chapter 23 of the Illinois Revised Statutes. 2. Group Care Home 3. Rehabilitation Home" D. By amending sub-section A of Section 14.1101 thereof entitled "Permitted Uses and Special Uses" in an R-1 Single Family Residence District to add thereto new subparagraphs 5 and 6 to read: "5. Family Care Home 6. Foster Home" E. By amending sub-section C of Section 14.1101 thereof entitled "Permitted Uses and Special Uses" in anR-1 Single Residence District to provide for the following numbered special uses: "1. Day Care Home as defined in Section 2212.18 of Chapter 23 of the Illinois Revised Statutes 2. Group Care Home 3. Rehabilitation Home" F. By amending sub-section A of Section 14.1201 thereof entitled "Permitted Uses and Special Uses" in an R-A Single Family Residence District to add thereto new subparagraphs 5 and 6 to read: "5. Family Care Home 6. Foster Care Home" G. By amending sub-section D of Section 14.1201 thereof entitled "Permitted Uses and Special Uses" in an R-A Single Family Residence District to provide for the following numbered special uses: "1. Day Care Home, as defined in Section 2212.18 of Chapter 23 of the Illinois Revised Statutes 2. Group Care Home 3. Rehabilitation Home" H. By retitling Section 14.1301 thereof to read: "Permitted Uses and Special Uses" in an R-2 Duplex Residence District and to add to sub-section A thereof new subparagraphs 6 and 7 to read: "6. Family Care Home 7. Foster Home" - ~ _4/82 2/25/82 I. By adding a new subsectio~ C to Section 14.1301 thereof ehtitled "Permitted Uses and Special Uses" in an R-2 Duplex Residence District to read: "C. Special Uses - The following uses may be allowed by Special. Use permit in accordance with Article VII of this Chapter: 1. Group Care Home 2. Rehabilitation Home" J. By retitling Section 14.1401 thereof to be entitled "Permitted Uses and Special Uses"in an R-3 Apartment/Residence District and to add to subsection A thereof new subparagraphs 7 and 8 to read: "7. Family Care Home 8. Foster Home" K. By adding a new subsection C to Section 14.1401 thereof entitled "Permitted Uses and Special Uses" in an R-3 Apartment/ Residence District to read: Special Uses - The following uses may be allowed by Special Use permit in accordance with Article VII 0:f th~s: ch~apter: -'--- ' 1. Group Care Home 2. Rehabilitation Home" L. By retitling Section 14.1501 thereof to be entitled "Permitted Uses and Special Uses" in an R-4 Residential Development District and to add to subsection A thereof new paragraphs 7 and 8 to read: "8. Family Care Home 9. Foster home" ~. By adding a new subsection C to Section 14.1501 thereof entitled "Permitted Uses and Special Uses" in an R-4 Residential ~Development District to read: 'lc . Special Uses - The following uses may be allowed by Special Use permit in accordance with Article VII of this Chapter: 1. Group Care Home 2. Rehabilitation Home: N. By amending subsection B of Section 14.2602 thereof entitled "Rules and Definitions" to delete therefrom the definitions set forth for "Duplex Residenee" and for "Family" and for "Group House" and to add in chronological alphabetical order the following definitions: -2 2 2/25/82 DEVELOPMENTAL DISABILITY A disability attributable t6 mental retardation, cerebral palsy, epilepsy, autism, or similar physical or mental conditions which are manifested in the early stages of life and expected to continue indefinitely. DWELLING A dwelling is a building, or portion thereof designed or used ex- clusively for residential occupancy including single-family dwellings, two-family dwellings~ and multiple-family dwellings, but not.in- cluding hotels, motels, rooming, boarding or lodging houses. D~LLING UNIT A dwelling unit consists of one or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall be included in each dwelling unit. DWELLING, MULTIPLE-FAMILY A multiple-family dwelling is a building or portion thereof con- sisting of three (3) or more dwellinq units with varying arrange- ments of entrances and party walls. The definition of multiple- family dwelling may include, but shall not be limited to the following terms: apartment, condominium, co-operative, quadraminium, three-flat, and triplex. DWELLING, SINGLE-FAnCILY, ATTACHED An attached single-family dwelling is a building consisting of not more than six (6) dwelling units which are attached by common vertical walls, with each dwelling unit having two (2) separate entrances at grade level. An attached single-family dwelling shall include the terms: townhouse and rowhouse. DWELLING, SINGLE-FAnCILY, DETACHED A detached single-family dwelling is a building containing a single dwelling unit only, which is separated from all other dwellings by open space. WELLING, TWO-FAMILY (DUPZ~i A two-family dwelling is a building consisting of two (2) dwelling units which may be attached either, side-by-side, or one above the other, with each dwelling unit having a separate or combined entrance or entrances~ FAMILY A family is one or more persons related by blood, marriage, or adoption, or a group of not more than five (5) persons not so related, maintaining a common household in a dwelling unit. FAMILY CARE HO~ Any residential facility located in a dwelling unit, under State or municipal licensing, which provides a home environment with profes- sional services or treatment for no more than five (5) individuals exclusive of supervisory personnel limited to the developmentally disabled, or the handicapped, or senior citizens. FOSTER HOME A residential facility, located in a dwelling unit, licensed by the Illinois Department of Child and Family Services, to provide care and supervision to children under the authority of the State. GROUP CARE HOME Any residential facility located in a dwelling, under State or municipal licensing, which provides a home environment with profes- sional services or treatment fora minimum of six (6) but not more than twenty-five (25) individuals exclusive of supervisory personnel including and limited to the developmentally disabled, or the handicappe~ or senior citizens. REHABILITATION HOME Any residential facility located in a dwelling, under federal, State or municipal licensing, which provides a home environment with room and board and recreational personal counseling or other rehabilitative services, generally of a non-medical nature, to not more than twenty-fiv~ (25) individuals who require specialized assistance in order to achieve personal independence. A Rehabilitation Home is limited to mentally ill, chemically dependent, or alcohol dependent individuals and abused individuals. - 2/24~ oZ RESIDENTIAL CARE~ 'HO~E Any residential facility which under State or Municipal licensing, provides a home environment with services or treatment to persons with certain physical, mental, or social disabilities while functioning as a single unit. A Residential Care Home shall include the following: family care home,, group care home, and rehabilitation home. "~ SECTION TWO: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form in accordance with law. PASSED AND APPROVED this 16th. day of March , 1982. AYES: Farley, Miller, Wattenberg, Krause NAYS: Arthhr, Floros, Murauskis ABSENT: None PRESIDENT ATTEST: VILLAGE CLERK