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Home My WebLink About6. New Business 12/17/2013 Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO:BOARD OF TRUSTEES VILLAGE MANAGER MICHAEL JANONIS POLICE CHIEF MICHAELSEMKIU FROM:MAYOR/LIQUOR COMMISSIONER ARLENE A. JURACEK DATE:NOVEMBER 20, 2013 RE:PROPOSED REVISIONS TO CHAPTER 13 OF THE MOUNT PROSPECT VILLAGE CODE REGARDING THE LICENSING, SALE AND SERVICE OF ALCOHOLICBEVERAGES One of the key duties of the Mayor of the Village of Mount Prospect is to serve as the Village Liquor Control Commissioner. This is a serious responsibility that must often balance the desires of the commercial value added to our businesses created by the sale and service of alcoholic beverages, with the need to uphold community standards and the safety and well-being of our citizens. As social expectations evolve over time, as well as new commercial opportunities arise, it becomes necessary to periodically review the “Rules of the Road” for the sale and service of alcohol. The proposed revisions attached hereto reflect such a review and fine-tuning. The Village of Mount Prospect carefully and conservatively regulates the sale and service of alcoholic beverages. The proposed changes are meant to update, not overturn, the nature of our regulation. Being current with our regulation assumes an added importance, as restaurants have become a key component of economic development throughout the Village. Thus, these changes are complementary to our overall economic stimulus efforts. This memo will not attempt to highlight every change being proposed; however, I would like to point out five major areas for your consideration. These are: 1.Bring Your Own Bottle Service (BYOB),designated as Corkage Service: Two types of such service are contemplated: (a) an establishment that already has a valid liquor license but that wishes to allow its patrons to bring in special wine to enjoy with a meal; and (2) a restaurant that does not otherwise have a liquor license but wishes to allow patrons to bring their own wine to accompany a meal. This change has been requested by high-end restaurants whose clientele have requested the ability to bring in special wines not on the restaurant’s normal menu. Additionally, this provides new dining establishments that may not yet have sufficient cash flow to stock alcoholic beverages, or who do not wish to do so, to offer an attractive dining experience to patrons. Licensure and training are still required. 2.Bottle Service at Banquet Halls: This change would allow bottle service of spirits at individual tables to guests specifically invitedto private events at banquet halls. This change has been requested by banquet halls in order to meet the social and hospitality expectations of their potential clients where social custom, particularly among some ethnic groups, includes such bottle service. I, myself, growing up in the Eastern European tradition, have been at many events outside Mount Prospect where such service is the norm. No such bottle service would be allowed under any circumstances in other than a banquet hall hired for a private event. Thus, VIP service as one might see advertised in clubs and venues outside Mount Prospect is not allowed. 3.Service at Barbershop, Beauty Shop, Spa and Cosmetic Establishments: Such service is currently not allowed in Mount Prospect, although in the pastwas offered in several establishments. Lake Zurich has recently codified the requirements around such service, and the proposed changes are modeled after their ordinance. 4.Consolidation of various special permits into a single Ad Hoc Temporary Permit classification: This simplifies the code and recognizes that unique circumstances can arise surrounding such events requiring the Liquor Control Commissioner to exercise discretion and impose conditions as deemed necessary to regulate service. 5.Due Process: Changes are proposed to Section 13.301 to facilitate due process. I would like to acknowledge the experience and expertise provided to me in developing this proposal from Ms. Doreen Jarosz who administers our liquor license program, our village attorney Buzz Hill, Messrs. Janonis and Strahl, and Alex Bertolucci who conducted research into the ordinances and practices of neighboring municipalities. I also wish to acknowledge our Village attorney, who has assisted in creating a matrix of violations and penalties to help assure there is uniform and non-discriminatory administration of consequences in the event of violations of the liquor code within the Village. I welcome your feedback and discussion of this very important proposal. Time is somewhat of theessence, as licenses are up for renewal in the Spring and Ms. Jarosz would like to conduct a mandatory workshop for all licensees in advance of renewal in order to explain and highlight any proposed changes to the code. Thank you. t:_aI ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13 "ALCOHOLIC LIQUOR" ARTICLES I THROUGH IV OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Article I through Article IV of Chapter 13 "Alcoholic Liquor" of the Mount Prospect Village Code shall be deleted in their entirety and inserting in lieu thereof the following new Articles I through IV to be and read as follows: Article I DEFINITIONS 13.101: WORDS AND PHRASES: 13.101: WORDS AND PHRASES: Unless the context otherwise requires, the following terms shall be construed according to the definitions set forth below: ACTING IN THE COURSE OF BUSINESS: Any action taken by a person at a business premises in the village, or in furtherance of a business purpose in the village. ADULT: Any person who has attained his or her twenty first birthday. ALCOHOL AWARENESS TRAINING: Training, with respect to over serving of drinks, identifying intoxicated customers, proof of age and other safety factors, provided by an accredited agency that is approved by the commissioner, for the purpose of educating persons who serve, deliver or provide alcoholic beverages. ALCOHOL WRISTBAND: An indicia of eligibility (worn on the wrist of a movie theater patron) to be served an alcoholic beverage by an S -5 (movie theater) licensee. ALCOHOLIC BEVERAGES OR LIQUOR: A. Any spirits, wine, beer, ale or other liquid intended as a beverage and containing more than one -half of one percent (0_5 %) of alcohol by volume. 319681_1 B. Any beverage containing any scientifically detectable trace of alcohol and commonly known as "near beer ", "nonalcoholic beer ", or "nonalcoholic wine ", whose taste, color, odor and consistency are similar to the alcoholic beverages known as beer and wine and, except for the reduced alcohol content, is marketed as being similar to beer or wine. BANQUET FACILITY: A food service facility whose primary business is the hosting of parties, celebrations and events which are attended by specific invitees of a specific host as opposed to "drop in" or reservation dining by the general public. BAR: A barrier or counter, at and over which alcoholic beverages are opened, poured, prepared or served. (See also definitions of Customer Bar and Service Bar.) BEER: A beverage obtained by alcoholic fermentation or infusion in a brew or concoction of barley or other grain, malt or hops, in water. This includes beer, light beer, ale, stout, lager beer, porter and other similar brews. BOTTLE CLUB: A type of service of spirits in which the spirits are purchased by the customer and then kept at a licensed premises for use or consumption by the customer on subsequent visits. CATERER: A person who, for compensation, provides food and service for a banquet, dinner or other special occasion where the recipients of the food or service are specifically invited to each particular event. (See subsections 13.204.1 D2a(4) and D2b(1) of this chapter.) CERTIFICATION: That specific grant of the privilege and authority, pursuant to the exact requirements of this chapter, to a person for the service of alcoholic beverages in the manner set forth in the text of a designated classification. CONTROL OF PREMISES: The legal or beneficial ownership, rental, lease or licensure shall constitute control of property. Control may also exist where none of the aforesaid legal relationships apply, but where an adult occupies or is otherwise in charge of or charged with the supervision of a particular premises. CORKAGE: The bringing of an alcoholic beverage, by a patron, into a place of business for the purpose of consuming the alcoholic beverage on the premises. COSMETIC FACILITY: A business at which a person receives cosmetic services from a state licensed professional, such as a barber or cosmetologist, Cosmetic Facility shall not include massage establishments as defined elsewhere in this Code. CUSTOMER BAR: A bar on a licensed premises that is open for actual visiting by, seating for or service to the customer. DRAMSHOP INSURANCE: That insurance required of every licensee, the purpose of which is to insure the licensee against the statutory liability imposed by the Illinois liquor control act. 319681_1 ENDORSEMENT: A supplement to a liquor license that confers additional service privileges and obligations. ENTERTAINMENT: Any playing of prerecorded music or voices or any live act or performance whether or not using sound amplification. FALSE IDENTIFICATION: Any document used for identification or proof of age that has been altered or that contains false or misleading information or that contains a name that is not the actual name of the person using it. FIGHTING: Any threatening or touching of another person which provokes or tends to provoke a breach of the peace. This shall include, but not be limited to, any disputatious physical action between or among persons. FLIGHT OF WINE: A single service of a variety of wines, beers or spirits in small glasses. GENERAL PUBLIC: The whole body politic including the people of the neighborhood, the village, the state of Illinois, the United States Of America, and /or persons at large traveling through the village, as distinct from the designation of a particular person or group of persons. HOSPITALITY SUITE OR ROOM: A suite or room at a hotel in which an organization sponsoring an event at the hotel offers alcoholic beverages without charge to registered guests of the sponsoring organization. HOST LIABILITY INSURANCE: A typical business insurance coverage that protects an owner against claims that his or her business or premises caused damage or injury or caused liability to accrue to a business invitee. HOTEL: Every building or other structure, kept, used, maintained, advertised and held out to the public to be a place where sleeping accommodations are offered for pay to travelers and guests, whether transient, permanent or residential, in which twenty five (25) or more rooms are used for sleeping accommodations and where dining rooms are maintained in the same building or buildings. IMPAIRMENT: Any diminution or compromise of a person's physical, mental or perceptual abilities due to the consumption of an alcoholic beverage. Impairment does not require that the blood alcohol content be in excess of any particular gram of alcohol to milliliters of blood or breath ratio. LICENSE OR LIQUOR LICENSE: That specific grant of the privilege and authority, pursuant to the exact requirements of this chapter, to a person to deliver alcoholic beverages in the manner set forth in the text of a designated classification. License, as used in this chapter shall, in applicable circumstances, include any permit or certification pursuant to section 13.204 of this chapter. LICENSE TERM: The time between the issuance or renewal of a license and its expiration date. 319681_1 LICENSED PREMISES: The building and land at the address for which the license is issued. For purposes of determining parameters of the location where an act is prohibited by this chapter, licensed premises shall include all off street parking, any public property immediately adjacent to the private address and the entirety of the contiguous property owned by the same entity owning the licensed premises. For purposes of determining the parameters of the location where an act is permitted by this chapter, licensed premises shall mean only the interior of the building at the licensed address unless an outdoor or other permit or certification specifically allows for activity on the exterior of the premises. LICENSEE: That person who has been issued a liquor license, permit or certification by the commissioner. For purposes of actions required of or prohibited of a licensee, this shall include the holder of a Mount Prospect liquor license and any officer, principal, employee or agent of the license holder. LOCAL LIQUOR CONTROL COMMISSIONER: The office of the mayor or the president of the village, including appropriate legal counsel. This may include such other persons as the mayor may appoint, either by written policy or practice, to aid in the exercise of the powers and the performance of the duties of the local liquor control commissioner. The local liquor control commissioner will be referred to as the "commissioner" in this chapter. LOUNGE: That portion of a licensed restaurant or club that is not part of the main dining area, where a customer bar and other seating is located, and that is kept, used, maintained, advertised and held out to the public as a place where alcoholic beverages may be consumed. MAINTENANCE OF ORDER STANDARD: That standard by which it shall be determined whether a licensee has maintained order on the licensed premises. It shall generally be stated as the establishment and maintenance of the optimum precautions and actions that are practical for deterring and preventing "fighting" as defined in this section. MANAGER: That sole natural person, on the licensed premises, who is charged with the supervision, oversight and management of the entire business and physical premises. MOVIE THEATER: Any building to which the public is invited and pays consideration for the purpose of viewing motion pictures. MOVIE THEATER AUDITORIUM: That portion (or those portions) of a movie theater where patrons are seated for the actual viewing of motion pictures. OPERATION OF A MOTOR VEHICLE: The operation or control of a motor vehicle anywhere in the village of Mount Prospect, whether on private or public property. To be in physical control, the person need not be actually driving the motor vehicle and the vehicle need not be running. If there is only one person inside of a motor vehicle, that person shall be presumed to be in physical control regardless of the person's location within the vehicle. If there is only one person in a front seat or front passenger area of a motor vehicle, that person shall be presumed to be in physical control regardless of the person's location in the front passenger area. If there is more than one person in the vehicle, but not in the front passenger area, the owner of the vehicle or the person to whom permission was given to operate the vehicle, shall be presumed to be in physical control of the vehicle. 3196811 4 ORIGINAL PACKAGE: Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container that is used, corked or capped, sealed and labeled by the manufacturer of alcoholic beverages to contain and to convey any alcoholic beverages. Original package means that the container must not be or have been opened or unsealed. PARENT: A natural or adoptive parent or a court designated guardian. PERMIT: That specific grant of the privilege and authority, pursuant to the exact requirements of this chapter, to a person to serve alcoholic beverages in the manner set forth in the text of a designated permit classification. PRIVATE CLUB: A not for profit corporation supported by the dues of its members and organized solely for the promotion of some common objective other than the sale or consumption of alcoholic beverages. RESTAURANT: Any public place maintained, and held out to the public as a place primarily devoted to being a full service dining establishment at which the service of alcoholic beverages is incidental and complementary to the service of such meals. Limited food service, as typically provided by drive -in restaurants, luncheonettes, diners, coffee shops, fast food operations and similar uses, does not satisfy the requirements of this definition. SERVICE BAR: A bar on a licensed premises that is not open for actual visiting by or seating for the customer, but is used solely as a drink preparation area for servers. SERVICE OF ALCOHOLIC BEVERAGES (OR SERVICE): The sale, delivery, giving, service, providing or exchange of an alcoholic beverage from one person to another. Service of alcoholic beverages is meant to include the provision of any alcoholic beverage by whatever means by one person to another. This definition includes being an employee who actually serves alcoholic beverages or who is a cashier at a licensed premises. Service of alcoholic beverages by any class P licensee shall generally be referred to as "delivery of alcoholic beverages ". SERVICE OF ALCOHOLIC BEVERAGES (REGULATED): This is the type of service of alcoholic beverages that is regulated by this chapter. Regulated service generally includes the following: Service at any location within the village: a) for value; or b) to the public from a business venue; or c) in the course of business; or d) at a civic event; or e) through a paid bartender at any location other than a private home. Also referred to as "regulated service ". SERVICE OF ALCOHOLIC BEVERAGES FOR VALUE: The service of alcoholic beverages for any consideration of any nature. This shall include, without limitation, the inclusion of alcoholic beverages in a single price of admission and /or in the price of a ticket and /or the price of a meal, even if for charitable purposes. SPIRITS: Any beverage which contains alcohol obtained by distillation, mixed with water or other solution and includes brandy, rum, whiskey, gin or other spirituous beverages and such beverages when rectified, blended or otherwise mixed with alcohol or other substances. 319681_1 5 UNDERAGE PERSON: Any person who has not attained his or her twenty first birthday. VICARIOUS LIABILITY: That liability which is implied as a matter of law even though the person may not have directly caused an injury or property damage. WINE: Any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables containing sugar, including such beverages when fortified by the addition of alcohol or "spirits ", as defined herein. (Ord. 5727, 3 -3 -2009; amd. Ord. 5841, 4 -6 -2011) Article II LICENSING FOR REGULATED SERVICE 13.201: LICENSE REQUIRED: 13.202: APPLICATION FOR A LOCAL LIQUOR LICENSE: 13.203: RESTRICTIONS ON ISSUANCE OF LICENSES: 13.204: CLASSIFICATIONS: 13.204.1: DESCRIPTIONS AND RESTRICTIONS: 13.205: NUMBER OF LICENSES: 13.206: LICENSE TERM: 13.207: RENEWAL OF LICENSE: 13.208: NATURE OF LICENSE: TRANSFER PROHIBITED: 13.201: LICENSE REQUIRED: A. It shall be unlawful to engage in regulated service of any alcoholic beverage without first having obtained a village liquor license. Every person engaged in regulated service of alcoholic beverages in the village shall obtain the appropriate liquor license authorizing the service of the specific type and character of alcoholic beverages and the specific type of business or activity at which it may be provided. The fee to be paid for such licenses shall be as set forth in appendix A, division II of this code. B. Except for a temporary village permit or a management entity certification, there shall be no service of alcoholic beverage by the licensee until the licensee has obtained a liquor license required by the state for the service of alcoholic beverages. C. All licenses, permits, certifications and /or placards issued pursuant to this chapter shall be displayed in a prominent place that is visible to patrons. (Ord. 5727, 3 -3 -2009) 13.202: APPLICATION FOR A LOCAL LIQUOR LICENSE: A. Application for a local liquor license shall be made to the commissioner. The application shall be upon forms provided by the commissioner. Only completed forms may be considered. Each application shall be accompanied by the nonrefundable application fee and the applicable license fee as set forth in appendix A, division II of this code. 319681_1 B. Upon issuance of any license, the licensee shall provide written notice to the commissioner of any change in any information set forth in the application within thirty (30) days of the change. C. Before a license may be issued to any applicant (except an applicant for a Class F -7 License [corkage] where no background check shall be required), background checks (which shall include the submission of fingerprints to appropriate agencies) shall be performed with respect to the key individuals owning and /or operating the licensed business. At a minimum, the local manager or managers and the persons functioning as the chief operating officer and chief financial officer shall be subject to such background checks. An investigation will be performed to enable the commissioner to ascertain whether the issuance of a license will comply with all applicable regulations of the village. The commissioner may accept the fingerprints from another jurisdiction for persons not residing or working within fifty (50) miles of the village. A reasonable fee may be charged by the police department for each person required to be fingerprinted. For purposes of this subsection, the commissioner may require such documentation as he or she deems appropriate to determine who must be fingerprinted, and the commissioner's decision as to fingerprinting shall be final. D. No license may be issued until all information and documentation required in the application has been provided. All of the reports from the various departments and agencies with respect to background checks must be completed and all fees must be paid. The foregoing notwithstanding, the commissioner may, at the commissioner's sole discretion, issue the license prior to the completion of a background check under the following circumstances: 1. The police department believes the background check will be completed within ninety (90) days. 2. No information is currently available which would indicate that the applicant would be ineligible for a license. 3. The applicant has demonstrated to the satisfaction of the commissioner that the immediate issuance is necessary to assure the viability of the business. 4. The commissioner retains the absolute right to revoke the license, without a hearing, if subsequently discovered information would, in the sole discretion of the commissioner, have made the licensee originally ineligible for the license. 5. The licensee executes a release and hold harmless statement that is satisfactory to the village attorney and absolutely absolves the village, its officers or employees of any liability if the commissioner subsequently revokes the license based on completion of the background check. E. By accepting a village liquor license, the licensee consents to the service of process and the acceptance of any other document by or on any employee or agent of the licensee or the posting of the process or document on any entrance to the licensed premises. (Ord. 5727, 3 -3 -2009; amd. Ord. 5836, 3 -1 -2011) 319681_1 13.203: RESTRICTIONS ON ISSUANCE OF LICENSES: A. No liquor license may be issued to any of the following: 1) a partnership; 2) a sole proprietorship; 3) a corporation that is neither incorporated in Illinois nor qualified and registered under the Illinois business corporation act to transact business in Illinois; provided that this limitation shall not apply to a temporary promotion permit. B. No liquor license may be issued to any entity 1 . Whose business is conducted by a manager or agent who is not an actual employee of the licensee, unless such manager or agent possesses a management entity certification. 2. Which does not legally or beneficially own the premises for which a license is sought, or does not have a lease for the full period for which the license is to be issued. 3. Which is a limited liability corporation whose members are corporations and not natural persons. 4. Which does not hold a valid Mount Prospect class II business license for the premises as required by this code. 5. To which a federal gaming device stamp or a federal wagering stamp has been issued for the current tax period. 6. Not eligible for a state retail liquor dealer's license. 7. Which does not designate a manager for the premises. 8. If a manager, officer, director, member or five percent (5 %) or greater shareholder: a. At the time of application for renewal of a liquor license would not have been eligible for a license upon a first application. b. Has been issued a federal gaming device stamp or federal wagering stamp for the current tax period. C. Is an employee or elected official of the village. 9. Which, upon review of the application taken as a whole, by the commissioner, is deemed by prior actions as indicated from the application or background check to be a substantial risk of not abiding by the regulations of the village. 319681_1 8 10. If the principal(s) of an applicant has never previously held a local liquor license in the State of Illinois, the principle(s) and manager(s) shall be required to complete actual classroom alcohol awareness training. C. No liquor license may be issued in any of the following circumstances unless the local liquor control commissioner issues a written determination that it is in the best interests of the village that the license be issued despite the circumstances and that such circumstances will not be a detriment to the health, safety and welfare of the village: 1. Has been found guilty of a) any felony at any time; b) any offense, within the past two (2) years involving the sale, use or possession of alcoholic beverages or controlled substances; c) any other crime, at any time, if, upon due investigation, the commissioner determines that such individual has not been sufficiently rehabilitated to warrant the public trust d) any violation, at any time, of any federal or state law concerning the manufacture of alcoholic beverages; e) any gambling offense as prescribed by subsections (a)(3) through (a)(10) of section 5/28 -1 of, or as prescribed by section 5/28 -3 of, the criminal code of 1961, approved July 28, 1961, as amended, or as prescribed by statute replacing any of these statutory provisions. 2. Has previously had a liquor license revoked in this or any other jurisdiction. (Ord. 5727, 3 -3 -2009) 13.204: CLASSIFICATIONS: A. Licenses Liquor licenses in the village shall be divided into the following classifications: Package licenses (P): Class P -1 General package license. Class P -2 Secondary package license. Class P -3 I Wine and beer only package license. Class P -4 Wine only package license. Class P -5 Home delivery license. 2. Food service licenses (F): Class F -1 Restaurant without lounge license. 3196811 Class F -2 Class F -3 Class F -4 Class F -5 r __ . _- Class F -6 Class F -7 Restaurant, wine and beer only license Restaurant with lounge license. Private club license. Banquet facility license. -- [Golf course license. Restaurant Corkage license. 3. Specialty licenses (S): Class S -1 Hotel license. Class S -2 Bowling alley license. Class S -3 Tavern license. Class S -4 gourmet beverage shop license. — Class S -5 -- --- - - - - -- -- - - -- - - - -- Movie Theater license. Class S -6 Spa License. Class S -7 Caterer's License Class S -8 License with special conditions. B. Temporary Permits: 1. Non -Mount Prospect caterer's permit. 2. Ad Hoc C. License Endorsements: 1. Sampling 2. Mount Prospect caterer 3. Outdoor entertainment 3196811 10 4. Corkage Endorsement (Class F only). Any Class F -1, F -2 or F -3 licensee may, in the discretion of the Licensee, allow a patron to bring his or her own unopened wine into the establishment subject to the same restrictions as a Class F -7 license. D. Certifications: Management entity certification. 2. Outdoor certification. (Ord. 5727, 3 -3 -2009; amd. Ord. 5836, 3 -1 -2011; Ord. 5841, 4 -6 -2011; Ord. 5887, 12 -20 -2011) 13.204.1: DESCRIPTIONS AND RESTRICTIONS: The restrictions on a particular license, permit or certification classification shall be binding on the licensee and no premises or activity may be operated in violation of the classification restrictions and regulations. No license, permit or certification may be issued unless the applicant's business is specific to one of the following classifications: A. Class P Licenses (Package): Restrictions Applicable To All Class P Licenses: a. Consumption and /or allowing consumption on the premises where sold is prohibited. (See subsection D2b(2) of this section for special daily sampling events.) b. The licensee is prohibited from selling or offering for sale single containers of refrigerated or chilled alcoholic beverages where the single container has a capacity of less than seven hundred fifty milliliters (750 ml). C. A class P licensee may sell gasoline for motor vehicles only if the sale of gasoline takes place at a building or structure that is physically separated from the licensed premises. d. Except for a duly permitted daily sampling, it shall be unlawful for the holder of any class P license to deliver alcoholic beverages in any container other than its original sealed and unopened package. 2. Specific Class P Licenses: a. General Package License: Class P -1, for delivery of all alcoholic beverages in an original sealed package. Regulations specific to a class P -1 license: (1) Under no circumstances shall there be more than five (5) class P -1 general package licenses outstanding at any time. 319681_1 (2) The license may not be issued for a premises whose primary business is the sale of groceries or other products. b. Secondary Package License: Class P -2, for delivery of alcoholic beverages in an original package only, at a premises where the primary business is the sale of goods and products other than alcoholic beverages. Regulations specific to a class P -2 license: (1) The licensed premises shall contain not less than ten thousand (10,000) square feet of floor area. (2) The sale of prepackaged food items must be a significant (not merely incidental) aspect of the business model. C. Wine And Beer Only Package License: Class P -3, for the delivery only of wine and beer in its original package. Regulations specific to the class P- 3 license: (1) No class P -3 license shall be issued for a premises whose primary business is the sale of groceries or other products not related to the sale of alcohol unless the premises occupies at least ten thousand (10,000) square feet of floor area. d. Wine Only Package License: Class P -4, for delivery only of wine in its original package. Regulations specific to a class P -4 license: (1) No class P -4 license shall be issued for a premises whose primary business is the sale of groceries or other products unless the premises occupies at least ten thousand (10,000) square feet of floor area. e. Home Delivery License: Class P -5, for the storage or loading within the village of alcoholic beverages that are to be delivered to residences. Regulations specific to a class P -5 license: (1) Only beer and wine may be delivered within the village pursuant to a class P -5 license. (2) Delivery within the village must be made directly into the hands of an actual individual and may not be "dropped off' at an address. B. Class F Licenses (Food Service): Restrictions Applicable To All Class F Licenses: 319681 1 12 a. The premises shall be primarily devoted to the preparation, cooking and serving of meals. b. The premises must have a kitchen, dining room, staff and equipment as deemed adequate by the village health authority. C. Full food service including dinner and /or luncheon menus shall be offered at all times while alcoholic beverages are served. d. See subsection D2b(1) of this section for off site catering privileges. e. See subsection E3 of this section for outdoor service of alcoholic beverages at establishments that are within three hundred feet (300') of a residential zoning district and subsection 14.311 B of this code for regulation of outdoor dining areas in other parts of the village. See Section 13.408 of this chapter for the holding of events for civic organizations. f. Spirits may not be sold, delivered or served by the bottle. (See Banquet Facility exception at 13.204.1 B(2)e(2) 2. Specific Class F Licenses: a. Restaurant Without Lounge License: Class F -1, for service of alcoholic beverages at a restaurant. Regulations specific to a class F -1 license: (1) Consumption or allowing of consumption of alcoholic beverages at any place other than dining tables is specifically prohibited. (2) Service of alcoholic beverages shall be limited to those patrons dining in the restaurant. b. Restaurant, Wine And Beer Only License: Class F -2, for the providing of beer and wine only at a restaurant. Regulations specific to a class F- 2 license: (1) Consumption or allowing of consumption of alcoholic beverages at any place other than dining tables is specifically prohibited. (2) Service of alcoholic beverages shall be limited to those patrons dining in the restaurant. C. Restaurant With Lounge License: Class F -3, for providing of alcoholic beverages by restaurants maintaining a separate lounge area. Regulations specific to the class F -3 license: 3196811 13 (1) Alcoholic beverages delivered in the restaurant portion of the premises shall be limited to those patrons dining in the restaurant. (2) Alcoholic beverages may be served in the lounge portion of the premises with or without the service of food. (3) The total lounge area shall be no more than fifty percent (50 %) of the floor area of the premises. d. Private Club License: Class F-4, for providing of alcoholic beverages at a private club. Regulations specific to a class F -4 license: (1) Service of alcoholic beverages may be only to: a) members; and b) guests of a specific member if that member is also on the premises. (2) The organization must own or lease a premises of sufficient size and character for the reasonable and comfortable use and accommodation of its members and their guests. (3) The licensee's affairs and management must be conducted by a board of directors, executive committee or similar body chosen by the members at an annual meeting. (4) No member or any officer, agent or employee of the club may be paid or directly receive as compensation, any profits from the distribution or sale of alcoholic beverages at the club, beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the private club. e. Banquet Facility License: Class F -5, for the service of alcoholic beverages at private events at the banquet facility. Regulations specific to a class F -5 license: (1) Consumption of alcoholic beverages at or over a bar shall be permitted, but all consumption shall be limited to those patrons who are guests invited specifically to the private event. (2) Spirits may be delivered and served at individual tables in the same manner as beer or wine. f. Golf Course License: Class F -6, for the service of alcoholic beverages at golf courses. This license shall include service in a clubhouse restaurant, a clubhouse lounge, service from licensee owned carts on the golf 3196811 14 course, service at any other snack or food facility on the course and at events on the golf course grounds. Regulations specific to a class F -6 license: (1) If the golf course also offers regular meal service in a restaurant type of facility, then the regulations applicable to the appropriate class F license shall apply to that restaurant facility. (2) If the golf course does not operate a restaurant facility, but operates a lounge, the regulations applicable to an S -3 license shall apply to the lounge. g. F -7 Restaurant Corkage License. Class F -7 shall allow patrons to bring unopened wine into a restaurant establishment for the sole purpose of consumption in that establishment. Regulations specific to the Class F -7 license: (1) A corkage fee may be assessed to the participating patrons. (2) Corkage service shall be limited to those patrons dining in the restaurant and seated at a table. Corkage service shall not be available in a lounge. (3) Corkage wine may only be consumed on the premises during the hours set forth in Section 13.403. (4) A manager who has successfully completed a certified alcohol awareness training course shall be on the premises any time that corkage service is available. The individual servers are not required to have such training. C. Specialty Licenses: See section 13.408 of this chapter for the holding of events for civic organizations. 1. Hotel License: Class S -1, for the service of alcoholic beverages to guests of the hotel. Regulations specific to the class S -1 license: a. Alcoholic beverages may be served, consumed or allowed to be consumed only in guestrooms, hospitality suites and other areas of the hotel that are designed, designated and used as lounges or food service areas. b. If the hotel premises is used for private events, then the regulations applicable to class F -5 (banquet facility) shall apply. C. If the hotel also offers regular meal service in a restaurant or restaurant type of facility, then the regulations applicable to the appropriate class F license shall apply to that restaurant facility. 319681_1 15 d. If the restaurant is operated by a person other than the licensee, the commissioner shall have the sole authority to determine whether a management entity certification or a class F license is required. e. Absolute liability and responsibility shall attach to the S -1 licensee if any alcohol is consumed by a minor at any location within or on the hotel premises, including any in room bar or refrigeration units. f. Except for the stocking and use of in room bar or refrigeration units, spirits may not be sold, delivered or served by the bottle. 2. Bowling Alley License: Class S -2, for service of alcoholic beverages at a bowling alley. Regulations specific to a class S -2 license: a. The premises must operate as a bowling alley with full bowling facilities. b. Alcoholic beverage service must be incidental to bowling. C. The lounge area may comprise no more than twenty five percent (25 %) of the floor area. d. Food service must be available to patrons at all times when alcoholic beverages are served. e. Spirits may not be sold, delivered or served by the bottle. 3. Tavern License: Class S -3, restrictions specific to class S -3 licenses: a. Food service such as snacks, hors d'oeuvres and /or similar food items shall be available at all times in quantities sufficient to serve all patrons of the premises. b. See subsection E2 of this section for off site catering privileges. C. Spirits may not be sold, delivered or served by the bottle. 4. Gourmet Beverage Shop License: Class S -4, the regulations governing class P (package license) shall apply, except as follows: a. A gourmet beverage shop license shall be available only in a B -5 zoning district. b. No "spirits ", as defined by this chapter, may be served. 3196811 16 C. Glasses or flights of wine or beer may be served on the licensed premises under the following conditions: (1) Hors d'oeuvres must be available for consumption with the wine or beer. (2) No more than ten (10) ounces of wine or twenty (20) ounces of beer may be served to any individual during any day. (3) Each glass or flight of wine may contain no more than five (5) ounces and each glass or flight of beer may contain no more than ten (10) ounces. d. A class S -4 licensee may conduct off premises winetasting upon securing a daily or annual sampling license endorsement and in accord with the regulations for such endorsement. On premises samplings do not require a sampling endorsement, but nonetheless must be conducted in accord with the regulations of subsection E(1) of this section. e. A class S -4 licensee may serve wine and beer at an event where the sponsor has obtained a permit even if the event is not on the S -4 licensed premises. f. A class S -4 licensee may serve wine or beer at a Mount Prospect licensed business which does not otherwise possess a Mount Prospect liquor license under the following conditions: (1) Such service may take place at a promotional event inside the business premises only. (2) The business must have obtained an ad hoc permit. (3) Such service at any single business may be made at not more than two (2) such events in any license term. (4) The S -4 licensee may not conduct such service for a total of more than twenty (20) times in any license term. The licensee shall notify the commissioner, in writing, not less than fourteen (14) days in advance of any such service event. 5. Movie Theater License: Class S -5, for delivery of alcoholic beverages at a movie theater. Restrictions specific to a class S -5 license: a. Service of alcoholic beverages shall be limited to a designated customer bar. 3196811 17 b. Service of alcoholic beverages may be made only to persons wearing a wristband approved by the village of Mount Prospect police department ( "alcohol wristband "). The person dispensing alcohol wristbands shall have completed a certified alcohol awareness training course as set forth in subsection 13.407 of this chapter. The alcohol wristband shall be valid only for the date on which it is obtained from the movie theater. This subsection C5b may be waived, in writing, by the commissioner if the commissioner is of the opinion that other procedures instituted by the licensee provide acceptable substitute measures to assure that underage persons are not served. This waiver may be made only after a review of the written statement of practices that the applicant intends to institute. If there is such a waiver, the waiver may be withdrawn by the commissioner at such time as the commissioner makes a finding of service of alcohol to an underage person pursuant to this chapter. C. Alcoholic beverages may be consumed in the movie theater auditorium, but may not be delivered or served in any movie theater auditorium. d. The containers in which alcoholic beverages are served must be of a different color, size and design than those in which nonalcoholic beverages are served. e. Beer may be sold only in individual containers holding twenty (20) ounces or less. All other alcoholic beverages may be sold only in individual containers holding twelve (12) ounces or less. This limitation shall be absolute and shall apply irrespective of the actual alcohol content of the beverage. f. No more than one alcoholic beverage may be delivered to a customer in any one trip to the bar. g. There may be no service of alcoholic beverages unless the movie theater is actually open for the showing of movies. Under no circumstances may alcoholic beverages be served more than one hour prior to the advertised showing time of the first movie to be shown on any day. h. The lobby bar and the lounge area associated with the bar may comprise no more than twenty percent (20 %) of the floor area outside of the auditoriums. i. The lobby bar shall be subject to the requirements of subsection 13.405 of this chapter. If the licensee creates a separate and discreet lounge area as part of its bar and liquor service; such lounge area shall also be subject to subsection 13.405 of this chapter. j. An employee of the licensee who has completed a certified alcohol awareness training course shall be designated to monitor compliance with 3196811 18 alcohol laws and be on duty on the premises whenever there is service of alcoholic beverages. k. The S -5 licensee shall be responsible if any alcohol is consumed by any minor at any location within or on the movie theater premises whether the alcohol was purchased at the movie theater or not. 6. Cosmetic Facility License: Class S -6. A Class S -6 license for the service of alcoholic liquor at a barbershop, beauty shop or spa. Regulations specific to a Class S -6 license: a. Service may be only to customers of the shop or facility and only for consumption of the drink on the premises while the customer is waiting for or receiving customary barber, cosmetic, beauty shop or spa services from the facility. b. It shall be lawful for any Class S -6 licensee to serve any such wine or beer only between the hours of twelve o'clock (12:00) noon and nine o'clock (9 :00) P.M. C. Advertising the availability of alcohol may not be visible from the exterior of the licensed premises. d. No more than two (2) services of any alcoholic beverage shall be made to the customer during any single calendar day. e. Service shall be limited to wine, sparkling wine, champagne or beer. 7. Caterer's License: Class S -7. Class S -7 for the delivery of alcoholic beverages by a caterer. Restrictions specific to a Class S -7 license: a. Notice must be given in writing to the Village Manager of the time, location and approximate number of guests at least 72 hours in advance of the event, at which alcoholic beverages will be served. b. A full menu of food must be available for consumption by patrons the entire time that alcoholic beverages are available. C. All servers or pourers of alcoholic beverages must have completed a certified alcohol awareness training course. d. The caterer may serve alcoholic beverages only at events to which specific persons (not the general public) have been previously invited or at a Village sponsored event. 3196811 19 8. License With Special Conditions: Class S -8, the corporate authorities may, from time to time, create conditional licenses which are based on the license classifications set forth above, but which contain additional conditions and restrictions. These licenses with special conditions, while created by the corporate authorities, shall remain subject to issuance by the commissioner. D. Permits; Temporary: Regulations Applicable To All Temporary Permits: a. The commissioner may attach such conditions as are appropriate for a temporary permit. b. For temporary permits, the local liquor control commissioner, in his or her sole discretion, may accept host liability coverage as a substitute for dramshop insurance. C. Temporary permits may be issued on a daily basis only. The number of days shall be within the sole discretion of the commissioner, but in no event may permits be issued for more than five (5) consecutive days. d. No more than twelve (12) such permit days shall be available to any one such organization during a license term. e. The permitee is responsible for securing any applicable state permit. If the state liquor commission requires a permit and it is not obtained; then the Village temporary permit shall be deemed void ab initio. It is the responsibility of the permitee to determine whether or not a state permit is needed and issuance of a Village permit has no bearing on the issue of whether a state permit is required. f. Unless otherwise stated, there shall be a daily permit fee as set forth in appendix A, division II of this code. g. All other regulations of this chapter shall apply to the permit. 2. Specific Temporary Permits: Temporary permits are divided into the classifications set forth below: a. Non -Mount Prospect Caterer's Permit: A permit for the service of alcoholic beverages, at an otherwise unlicensed premises, by a caterer not possessing a Mount Prospect liquor license. Regulations specific to a non -Mount Prospect caterer's permit: (1) The caterer must possess a valid liquor license from another Illinois jurisdiction. 3196811 20 (2) The caterer may serve alcoholic beverages only at events to which specific persons (not the general public) have been previously invited or at a village sponsored event. (3) The permit shall be subject to such other conditions as may be established by the commissioner. b. Ad Hoc Temporary Permit. The commissioner shall have the authority to issue an ad hoc temporary permit, where the commissioner determines that such permit is in the best interests of the public. E. Endorsements: 1. Sampling Endorsement: An endorsement allowing the holder of any class P license to serve wine or beer, without charge, in small and limited amounts, for sampling purposes only and in conjunction with sales promotional efforts occurring on the licensed premises. (See subsection C4d of this section with respect to an S -4 license.) Regulations specific to a sampling endorsement: a. The sampling shall be attended and supervised by a full time adult employee and may occur only in a designated area on the licensed premises; b. The actual amount of beer or wine sampled by an individual may not exceed one ounce; C. The sample shall be served in a single use container which shall be disposed of following the sampling; d. Signs or other materials advertising the availability of "sampling" may not be visible from the exterior of the licensed premises. However, an establishment with an annual sampling endorsement may post one such sign, not to exceed 3 square feet in area, so long as it does not violate the Village sign ordinance; and e. Quantities may not exceed a total of ten (10) ounces per customer per day. 2. Mount Prospect Caterer's Endorsement: A license endorsement for the service of alcoholic beverages, at an otherwise unlicensed premises, by a Mount Prospect class F or class S -3 licensee. Regulations specific to a Mount Prospect caterer's endorsement: a. The caterer may serve alcoholic beverages only at events to which specific persons (not the general public) have been previously invited or at a village sponsored event. 319681_1 21 b. A Mount Prospect caterer's endorsement may be purchased on an annual or daily basis. C. The endorsement shall be subject to such other conditions as may be established by the commissioner. 3. Outdoor Entertainment Endorsement: An endorsement allowing outdoor live music for a class F licensee. Regulations specific to a temporary outdoor entertainment endorsement: a. No such live music may be played between the hours of eleven o'clock (11 :00) P.M. and eleven o'clock (11 :00) A. M. b. The commissioner may attach such other conditions to the endorsement as may be advisable to protect the peace and quiet of the surrounding area. C. The commissioner, the village manager or a designee of either, shall have the absolute right for cause, and without the necessity of a hearing, to order the immediate cessation of such live music. 4. Corkage Endorsement: An endorsement allowing patrons of F -1, F -2, F -3 or S -3 establishments to bring the patron's own unopened bottle of wine for on premises consumption consistently with the regulations for an F -7 license. F. Certifications: Specific Certifications: a. Outdoor certification for allowing outdoor service of alcoholic beverages (for other outdoor dining regulations, see subsection 14.311 B of this code). Regulations specific to outdoor certificates: (1) For establishments within three hundred feet (300') of a residential zoning district: (A) Any licensee that commenced the conduct of the business of serving alcoholic beverages in an outdoor area within three hundred feet (300') of a residential zoning district prior to January 1, 1989, may be granted an outdoor certification and continue to operate the outside service area in that same location. However, that service area may not be enlarged in any manner. (B) The commissioner may grant an outdoor certification for the service of alcoholic beverages in an outdoor service area 319681_1 22 that is within three hundred feet (300') of a residential zoning district but does not meet the criteria of subsection E3 of this section, subject to the following: (i) The outdoor service area is on property owned or leased by the licensee and is on or immediately adjacent to the building on the licensed premises; (ii) Prior to issuance of such outdoor certification, the applicant shall show proof that written notice has been sent by regular mail to all residential property addresses within three hundred feet (300') of the licensed premises. The notice shall inform such addressee of the licensee's intent to secure a special certificate for the outdoor service of alcoholic beverages. The form of notice shall be supplied by the village manager and shall invite comment on the proposed use from the affected property owners or occupiers; (iii) The commissioner has made a determination that the outdoor service area will not have a detrimental effect on the neighborhood in which the premises is located; (iv) The commissioner may place such conditions on the outdoor service area as she or he may deem appropriate; (v) Such an outdoor certification may be revoked at any time if the commissioner reasonably believes that the operation of the outdoor area has become detrimental to the neighborhood in which it is located. Upon such revocation, the licensee may not reapply for an outdoor certification for a period of twelve (12) months following the date of revocation; (vi) An outdoor certification shall be available only to the holder of a class F -1, F -2 or F -3 liquor license; (vii) An outdoor certification may be granted only upon receipt by the commissioner and approval by the village attorney of a statement signed by the licensee, acknowledging and accepting the terms of the certification; and (viii) An outdoor certification is not transferable and if there is any change in five percent (5 %) or more of 3196811 23 ownership of the business, a new outdoor certification must be obtained by the licensee. (2) For establishments that are more than three hundred feet (300') from a residential zoning district: The regulations of subsection 14.311 of this code shall apply. b. Management entity certification allowing for the certification of an entity to be retained to manage a licensed premises. It is recognized that a licensee may, from time to time, desire to hire or retain, as an independent contractor, a management entity to manage, generally operate and be responsible for the licensed premises. Regulations specific to a management entity certification: (1) No licensee shall permit a management entity to perform such a function unless the management entity has been certified to do so by the commissioner. In order to be certified by the commissioner, a management entity must execute a liquor license application. A management entity must qualify for a management entity certification in the same manner and meet the same standards as a licensee. (2) The application shall be accompanied by a nonrefundable application fee as set forth in appendix A, division II of this code, and no management entity may be qualified unless a certification fee as set forth in appendix A, division II of this code has been paid. (3) A management entity shall be subject to the jurisdiction of the commissioner in the same manner as a licensee. If there is a violation on the premises, the management entity and the licensee shall be jointly and severally responsible for all consequences of such a violation. (4) An underlying village liquor license must previously have been obtained for the premises. (Ord. 5727, 3 -3 -2009; amd. Ord. 5732, 4- 8 -2009; Ord. 5836, 3 -1 -2011; Ord. 5841, 4 -6 -2011; Ord. 5887, 12 -20 -2011; Ord. 6055, 2 -19 -2013) 13.205: NUMBER OF LICENSES: A. The corporate authorities shall determine, by ordinance, the number of licenses that are available in each classification. (This limitation shall not apply to temporary permits and certifications, which documents shall be solely within the discretion of the commissioner.) Neither the commissioner nor any other person or entity may issue liquor licenses in a number that is in excess of the number authorized by the corporate authorities. A schedule of the currently authorized number of licenses available in each classification shall be maintained by the village manager for the commissioner. 319681 1 24 B. The corporate authorities may decrease the number of licenses available in any or all classifications within the village. If the number of licenses in any or all classifications is decreased, the licenses shall be eliminated on the basis of seniority, so that the premises holding a license the least amount of time shall be eliminated first. However, the commissioner may, with an accompanying written statement, eliminate licenses on the basis of quality of operation of the premises, considering such matters as charges before the commissioner, the state liquor commission or other law enforcement issues and /or on the basis of articulable benefit or lack of benefit to the village. C. Upon any license becoming forfeited, void or revoked for any reason, the number of available licenses in that classification shall automatically and immediately be reduced by one. (Ord. 5727, 3 -3 -2009) 13.206: LICENSE TERM: Each new license shall commence on the date specified on the license. Each renewal license shall commence on May 1. Every license shall terminate on the April 30 following the date of issuance. (This limitation shall not be applicable to permits and certifications.) If an application for a new license is received after January 31 of any year, the commissioner shall have the authority to issue a license that runs through April 30 of the next year (a license period of up to 15 months); provided the applicant pays a license fee that is prorated to include the additional time for which the license is valid. (Ord. 5727, 3 -3 -2009; amd. Ord. 5836, 3 -1 -2011) 13.207: RENEWAL OF LICENSE: Any licensee may apply to renew a license. This renewal privilege shall not be construed as a vested right, but shall be completely subject to the commissioner's right of review of the licensee's background and history of operation in the state of Illinois. (Ord. 5727, 3 -3 -2009) 13.208: NATURE OF LICENSE; TRANSFER PROHIBITED: A. A license shall be a privilege that may be claimed only by the person set forth on the license. The license shall not constitute property, nor shall it be subject to attachment, garnishment or execution. The license shall not be alienable, voluntarily or involuntarily, or subject to lien or other encumbrance. The license is not transferable either for consideration or not for consideration. Although regulations in subsections Al through A3 of this section shall be generally applicable, the commissioner shall have the sole discretion to determine whether the transfer of a business has occurred such that the transferee must secure a new license. Unless a new application has been filed and approved by the commissioner, an illegal transfer will be deemed to have been attempted and the license shall become null and void on the following circumstances: 1. As to a closely held corporation, if any person owning twenty percent (20 %) or more of the stock transfers the stock to another person who previously held less than fifty percent (50 %) of the stock. Upon the death of any person owning twenty percent (20 %) or more of the shares in a closely held corporation, the commissioner shall be notified. 319681_1 25 2. As to a public corporation, an illegal transfer will be deemed to have been attempted and the license shall become null and void if there has been a buyout, a takeover or any other transaction involving the sale or transfer of more than fifty percent (50 %) of the stock or assets of the corporation. 3. As to a limited liability company, if there has been a change in the managing partner or change in or replacement of any member of the limited liability company of whom the commissioner had previously required fingerprinting. B. If a licensee is ordered into receivership or files for bankruptcy, the receiver or trustee may continue the operation of the business under the existing license pursuant to a written order of the appropriate court until the expiration of the license or until the passage of six (6) months from the date of appointment of a receiver or trustee whichever comes first. C. Upon the alienation, sale, transfer, assignment or donation of the business for which the license is issued to any other than the licensee, the liquor license shall automatically become void. D. Any licensed establishment that has discontinued the sale or service of alcoholic beverages or that has not been open for business at least four (4) days per week for a period of thirty (30) days or more shall automatically forfeit its license. This forfeiture shall not apply in instances where the licensee has previously notified the village manager, in writing, of an intent to close the premises for a portion of a license term for remodeling or other similar purpose. (Ord. 5836, 3 -1 -2011) Article III LOCAL LIQUOR CONTROL COMMISSIONER 13.301: COMPENSATION, POWERS AND DUTIES OF COMMISSIONER: 13.301: COMPENSATION, POWERS AND DUTIES OF COMMISSIONER: A. The commissioner shall receive, as compensation, the annual sum set forth in appendix A, division I of this code. B. Any change in the compensation or fringe benefits provided for the commissioner shall be made by ordinance. C. The commissioner shall have all of the powers, functions and duties delegated to that office by this chapter and other ordinances of the village. This shall include, but in no way shall be limited to, the power to require any licensee, at any time, to produce any and all records, that directly or indirectly relate to the operation of the licensee's premises. 3196811 26 D. In addition to any other powers set forth in this chapter, the commissioner may immediately suspend, pending the exercise of the right to a hearing, the privilege of service of alcoholic beverages of any licensee who does not display a currently valid state or local liquor license or who in the judgment of the commissioner is operating the business in such a manner as to endanger the health or safety of patrons of the premises or of the community. E. The commissioner may fine and /or suspend and /or revoke the liquor license of any licensee that the commissioner determines has violated any village regulation or other law of any kind or nature if the violation is related to the operation of the licensed premises. In addition, the commissioner may fine any individual that the commissioner determines has violated any provision of this chapter even if that individual is not a licensee. The procedure for declaring and enforcing such fine, suspension or revocation shall be as follows: 1. The village manager, the chief of police or the village attorney may file a written charge of a violation with the commissioner. 2. The charges shall be served on the licensee. The charges shall set a hearing date and time informing the licensee of the right to such hearing for the purpose of presenting evidence to dispute the charges. The matter shall be set for a hearing to take place not less than seven (7) nor more than twenty one (21) days after service of the charges on the licensee. 3. The commissioner may, in writing, delegate to the village manager the authority to confer with the licensee with respect to any charges. However, the penalty to be assessed and any waiver of a hearing shall be subject to the commissioner's final approval. 4. If the licensee fails to respond to the charges; the commissioner may enter a default order against the licensee. 5. If the commissioner sustains the charge or any portion of it either after default, hearing or conference, the commissioner may, by written order, suspend or revoke the liquor license and /or may fine the licensee. The fine may be in addition to a revocation or suspension. If the commissioner decides to suspend the license, the term of the suspension shall be within the discretion of the commissioner. If the commissioner elects to fine the licensee, the amount of the fine shall be as set forth in appendix A, division III of this code. 6. If, after the conclusion of the hearing, the commissioner finds the licensee to be guilty of any charges, the licensee will be responsible for all costs incurred for the hearing, including, but not limited to, court reporter fees, witness fees and attorney fees. This shall be in addition to any other penalties assessed against the licensee. 3196811 27 7. All proceedings before the commissioner shall be recorded and placed in a certified official record of such proceedings taken and prepared by the certified court reporter. 8. The appeals procedure as set forth by the president and board of trustees of the village under resolution 3 -72 of the village are as set forth in this section, including: a. In the event of any appeal from an order or action of the commissioner, the appeal to the state liquor commission shall be limited to a review of the official record of the proceedings before the commissioner. The only evidence which shall be considered in the review by the state commission shall be the evidence found in the certified official record of the proceedings of the commissioner. b. At such time as the commissioner receives notice of an appeal, the commissioner shall file with the state liquor commission the certified official record of the proceedings. The state commission shall review the propriety of the order or action of the commissioner on the certified official record as provided by law. F. Upon a finding of endangerment to the health, safety and welfare of citizens or property, the commissioner may fine, suspend or revoke any license pursuant to this section, even if such endangerment is caused by persons other than the licensee or the licensee's agents or employees. Such endangerment may include, but not be limited to, excessive noise by patrons while visiting the licensed premises, consumption of alcoholic beverages in areas immediately adjacent to the licensed premises, littering or destruction of neighboring property by patrons, traffic violations by patrons of the licensed premises, use of any illegal or controlled substance on or adjacent to the licensed premises, the necessity of police or other village services at the licensed premises or the necessity of police services caused by patrons after being served alcoholic beverages at the licensed premises. No action may be taken against a licensee by the commissioner in circumstances described by this subsection F unless it is shown that the commissioner or the village, by any of its various departments, has given the licensee written notice of the endangerment activities on at least two (2) occasions, and, in the opinion of the commissioner, after a reasonable time period, such endangerment has not been sufficiently cured or remedied. The power of the commissioner to act in those situations is a recognition of the principle that the holding of a liquor license is a special privilege and not a right and that such a privilege, irrespective of the good intentions of the licensee, remains absolutely subordinate to the welfare of the community. (Ord. 5727, 3 -3 -2009; amd. Ord. 5836, 3- 1 -2011) 3196811 28 Article IV REGULATION OF LICENSES �- 13.401: INSURANCE: 13.402: LOCATION OF SERVICE: 13.403: CLOSING HOURS: 13.404: ENTERTAINMENT: 13.405: PROHIBITED CONDUCT: 13.406: FIGHTING PROHIBITED; LICENSEE'S CONDUCT: 13.407: CONDUCT OF EMPLOYEES AND AGENTS; SUPERVISOR ON PREMISES: 13.408: CIVIC ORGANIZATIONS: 13.409: COMPLIANCE WITH OTHER REGULATIONS OF THIS CODE: 13.410: SEALING AND REMOVAL OF OPEN WINE BOTTLES: 13.401: INSURANCE: A. Every licensee shall be required to obtain and maintain the insurance coverage as set forth in appendix A, division I of this code. B. If the person who owns the building or premises where alcoholic beverages are served and /or consumed is not the licensee, then that person shall be required to carry host liability insurance coverage or its equivalent for such premises as set forth in appendix A, division I of this code. (Ord. 5727, 3 -3 -2009) 13.402: LOCATION OF SERVICE: A. Location Specified On License: No liquor shall be served, offered for sale, kept for sale, displayed or advertised for sale or delivered to any person except at the exact location described in the liquor license. The location may be changed only upon written permission issued by the commissioner. A change of location shall be within the sole discretion of the commissioner. B. Specific Location Prohibition: No liquor license may be issued for any premises that is within one hundred feet (100') of any place of worship, school or hospital. C. Off Site Catering Privileges: No off site catering shall be permitted except pursuant to an off site catering permit, an off -site catering endorsement or a catering license, as set forth in section 13.204 of this chapter. 319681 1 29 D. Outdoor Service: Notwithstanding any other provisions of this code, it shall be unlawful for any licensee to serve or permit the consumption of alcoholic beverages in any outdoor area unless an outdoor certification has been granted by the commissioner pursuant to section 13.204 of this chapter. (Ord. 5727, 3 -3 -2009) 13.403: CLOSING HOURS: A. It shall be unlawful to engage in the service of any alcoholic beverages during the following hours: All class P licensees: day. From twelve o'clock (12 :00) midnight to eight o'clock (8:00) A.M. each 2. All other licensees: A.M. Monday through Friday: One o'clock (1:00) A.M. to eight o'clock (8:00) Saturday: Two o'clock (2 :00) A.M. to eight o'clock (8:00) A.M. Sunday: Two o'clock (2:00) A.M. to nine o'clock (9:00) A.M.; except that: On Thanksgiving Day, the hours of prohibited service shall be from 2:00 A.M. to 8:00 A.M. On January 1 of each year, the hours of prohibited service shall be from four o'clock (4 :00) A.M. to eight o'clock (8:00) a.m. B. All unfinished drinks shall be cleared from the premises within ten (10) minutes after the closing time set forth in subsection A of this section. It shall be a violation of this section if after the passage of such ten (10) minutes there are alcoholic beverages in any container other than an unopened or corked or otherwise properly reclosed original container that has been returned to the appropriate place of display or storage. C. Subject to subsection B of this section, a premises with any class F license may be kept open during hours when service is prohibited, but no alcoholic beverages may be delivered, consumed or remain on tables or a bar during such hours. Nothing contained in this section shall be deemed to authorize any licensed premises to remain open for business or to admit the public to the premises at or during any hour when that premises is required to be closed by virtue of any other village regulation or restriction. (Ord. 5727, 3 -3- 2009; amd. Ord. 5836, 3 -1 -2011) 13.404: ENTERTAINMENT: 3196811 30 No entertainment shall be permitted on any licensed premises if that entertainment is audible at any point beyond the boundaries of the licensed premises. "Licensed premises ", in this instance, shall not apply to a duly issued ad hoc permit or an outdoor entertainment license endorsement so long as the permittee or licensee complies with all other conditions of the permit or endorsement and all other regulations of the village. (Ord. 5727, 3 -3 -2009) 13.405: PROHIBITED CONDUCT: No licensee may engage in, advertise or promote in any way, whether within or outside of the licensed premises, any of the practices prohibited under this section. The following conduct is prohibited: A. Sale, Delivery, Service Or Giving Of Alcoholic Beverages: The sale, delivery, service or giving of any alcoholic beverages to either of the following: A person under twenty one (21) years of age. 2. A person previously involved in a fight in the establishment. B. Entertainment Of A Sexual Nature: 1. The performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. 2. The actual or simulated touching, caressing or fondling of the breasts, buttocks, anus or genitals. 3. The actual or simulated display of the breasts, pubic hair, anus, vulva or genitals. 4. The permitting by a licensee of any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. 5. The displaying of films or pictures depicting acts, which if performed live, are prohibited by this section. C. Other Prohibited Acts: Every liquor licensee is prohibited from engaging in the following acts: a. Service to any person of an unlimited number of alcoholic beverage drinks during any set period of time for a fixed price. The foregoing notwithstanding, a Licensee may serve alcohol as part of a fixed price package subject to the following conditions: 3196811 31 (1) Such fixed price service events shall not exceed three (3) per license year. (2) Full meal service shall be included in the fixed ticket price. (3) The Village Manager must be provided with a minimum of seven (7) days prior written notice of the event. (4) Non -fixed price ticket holders must dine in a portion of the establishment that is discreet from the portion where the event is held. (5) All other liquor code regulations shall apply including, but not limited to, over - service of alcoholic beverages. b. Service of alcoholic beverage drinks to any person or group of persons during any period of the business day at prices less than those charged to the general public during the rest of that business day, except at private functions upon written permission of the commissioner. For purposes of this subsection C, "business day" shall mean that single business period from the time of opening to the closing of the establishment even if that time period encompasses parts of two (2) calendar days. C. Increasing the volume of spirits content in a drink on a given day without increasing proportionately the price otherwise charged for such a drink during the calendar week. d. Encouraging or permitting any game or contest which involves drinking or the awarding of drinks as prizes. e. Delivery of alcoholic beverages to any person in such quantity as to result in the person becoming intoxicated. 2. The prohibitions contained in this section shall not prevent a liquor licensee from: a. Offering free food or approved entertainment. b. Including a single drink as part of a meal package. C. Free wine or beer tasting as allowed by a sampling endorsement. d. Offering room service to registered guests in hotels licensed for such services. e. Offering of wine, by the open bottle (exception applies to class F and S -4 licenses only). 319681 1 32 D. Bars And Lounges: It shall be unlawful for any holder of a liquor license to allow any person under the age of twenty one (21) years to: Be seated at a bar; or 2. Remain in or be seated in the lounge. This subsection D2 shall not apply to seating at tables in the lounge when the establishment's full food menu is available in that lounge and the minor is accompanied by a parent. E. Bottle Clubs: Bottle clubs, as defined in article I of this chapter are prohibited. F. Consumption On Premises: Except for class P and S -4 licenses and subject to section 13.410 of this article, all service of alcoholic beverages shall be for consumption on the premises at which the delivery took place. (Ord. 5727, 3 -3 -2009; amd. Ord. 5836, 3 -1- 2011; Ord. 5887, 12 -20 -2011) 13.406: FIGHTING PROHIBITED; LICENSEE'S CONDUCT: A. Fighting at a licensed premises is prohibited. For the purpose of this section, "fighting" shall mean any threatening or touching of another person which provokes or tends to provoke a breach of the peace. If self- defense is offered as a defense to a charge of fighting, that defense must be established by the presentation of clear and convincing evidence. Any person violating this section shall be fined in an amount as set forth in appendix A, division III of this code. B. A summary of subsection A of this section shall be prominently displayed in all premises holding a liquor license. The notice shall further state that any licensee, employee or agent of a licensee observing a fight shall immediately notify the village police department. Such a sign shall be available from the village manager's office. C. Each licensee shall maintain a peaceful and orderly business premises. This shall be accomplished by establishing and maintaining the optimum precautions and actions that are practical to deter and prevent fighting. This is referred to as the "maintenance of order standard ". The duty to prevent fighting shall be applicable both to precautionary and training matters and to the steps taken once a fight breaks out or is in imminent danger of breaking out. In determining whether a violation of this section has occurred, the commissioner may consider the following matters, among others: Prior incidents of reported or unreported fighting. 2. Whether any fight participant was intoxicated and the extent to which the intoxication occurred on the premises. 3. Whether any participant was served by the licensee after the participant's intoxication should have been evident to the licensee. 4. Whether any participant was intoxicated and whether the licensee had an opportunity to effect that person's removal from the premises. 319681_1 33 5. The degree of expediency the licensee observed in calling the police when it should have been evident that a fight was imminent. 6. The actions of the licensee in reacting to the fight. 7. The extent and type of training given to the licensee's employees in such matters as recognizing intoxication, over serving and prevention of altercations. 8. Whether minors were involved in the fighting. 9. The sufficiency or number of persons on duty and employed by the licensee at the time of the fight. Considering all of the circumstances, the commissioner shall make a determination of whether the licensee violated the "maintenance of order standard ". If it is determined that a violation occurred, the commissioner may impose any penalty set forth in section 13.601 of this chapter up to and including license revocation. D. The following procedure shall be observed by a licensee with respect to the outbreak or threatened outbreak of a fight: 1. The licensee shall notify the village police department immediately when the licensee knows or in the exercise of ordinary judgment should know that a fight is occurring or imminent. 2. In addition, within forty eight (48) hours of the occurrence, the licensee shall file with the local liquor control commissioner a report on a form provided by the village containing the following information: a. The number of persons involved in the fight; b. The approximate amount of alcohol consumed at the premises by each person involved in the fight; C. What action, if any, was taken by the licensee to prevent the fight; d. What action, if any, was taken by the licensee subsequent to the start of the fight; e. The licensee's opinion as to why the fight occurred. E. Failure by the licensee to give immediate notification to the police department of a fight on a licensed premises or failure to file a report as required in subsection D of this section with the commissioner shall subject the licensee to a mandatory fine as set forth in appendix A, division III of this code, and a possible suspension or revocation of the liquor license. For purposes of this section the word "immediate" shall mean at the very moment that one party threatens another, actually commences fighting with another or a breach of the peace is imminent. 319681 1 34 F. The provisions of this section shall not generally apply in circumstances where alcohol is used in an individual guestroom within a hotel or where alcohol is mixed and poured at the hotel bar but is delivered to a separate banquet or meeting room. This section shall apply to any other service of alcohol at a hotel, including, but not limited to, serving in the restaurant or lounge or in those cases where a bar is set up in an area away from the main bar for the convenience of banquet or meeting room guests. (Ord. 5727, 3 -3 -2009) 13.407: CONDUCT OF EMPLOYEES AND AGENTS; SUPERVISOR ON PREMISES: A. Any act or failure to act of an employee or agent of either the licensee or a management company with respect to the licensed business shall be deemed to be the act of the licensee. Any duty set forth in this chapter as a duty of the licensee shall also be the duty of any agent or employee of the licensee. B. No employee or other server of alcohol may consume or be permitted to consume any alcoholic beverages on the licensed premises while on duty or while performing any duties of employment. C. No person, including any employee, manager, owner or agent of the licensee may consume alcoholic beverages on the licensed premises before or after the permitted hours of operation. D. A person must be at least nineteen (19) years of age to deliver alcoholic beverages. Additionally, no person under twenty one (21) years of age may work as a bartender or deliver alcohol from behind a bar. E. A "manager ", as defined by this chapter, shall be on the premises at all times that the licensed premises is open for business. F. Any person that delivers, serves or pours alcoholic beverages and all managers and supervisors of a licensed premises must provide proof of having completed a certified alcohol awareness training course within thirty (30) days of being hired. This regulation shall not apply to duly issued ad hoc permits if the requirement is specifically waived by the Commissioner. (See also 13.204.1(A)2g(4). (Ord. 5727, 3 -3 -2009) 13.408: CIVIC ORGANIZATIONS: The following shall apply to civic organizations and the regulations of this chapter: A. A civic organization may hold a fundraising event at any class F or S premises without obtaining an ad hoc permit under the following conditions: The commissioner is notified, in writing, at least seven (7) days in advance of the event. 319681_1 35 2. All food and alcoholic beverage service is conducted by the class F or S licensee with the licensee's employees and at licensee's menu prices, as in the normal course of business for that license. B. If the class F or S licensee intends to provide food or alcoholic beverage service other than from its regular menu and at menu prices or if the cost of the service of alcoholic beverages is part of a donation or ticket price, then the civic organization must obtain an had hoc permit pursuant to subsection 13.204.1 Ma(1) of this chapter. C. As to either subsection A or B of this section, the civic organization, but not the liquor licensee, may advertise for the event in any manner permitted by law, and in either case, proceeds of the event may be shared with the civic organization. (Ord. 5727, 3 -3 -2009) 13.409: COMPLIANCE WITH OTHER REGULATIONS OF THIS CODE: All licensed premises shall be maintained in full compliance with all other regulations of the village, including, but not limited to, those relating to the storage or sale of food, sanitary conditions, building and safety conditions. (Ord. 5727, 3 -3 -2009) 13.410: SEALING AND REMOVAL OF OPEN WINE BOTTLES: Notwithstanding any other provision of this chapter, any class F or S -4 licensee may permit a patron to remove one unsealed and partially consumed bottle of wine for off premises consumption so long as there is compliance with the following conditions: a) the patron has purchased a meal (class F) or hors d'oeuvres (class S -4) and consumed a portion of the bottle of wine with the meal on the licensed premises; and b) the partially consumed bottle of wine that is to be removed from the premises pursuant to this section is securely sealed by the licensee prior to removal from the premises; and c) the bottle is placed in a transparent onetime use tamperproof bag; and d) the licensee has provided a dated and time stamped receipt for the specific bottle of wine to the patron. It shall be the absolute duty of the licensee to assure that the type of "tamperproof' bag that is used is such that any removal or attempted removal of the bottle from the bag will be obvious to any law enforcement officer. The wine that is resealed in accordance with the provisions of this section and not tampered with shall not be deemed an unsealed container for the purposes of section 11 -502 of the Illinois vehicle code. (Ord. 5727, 3 -3 -2009) 13.411: TAXI SERVICE: Each Class F licensee shall post a notice as provided by the Village, that taxi service is available to any person who is in need of such service. The notice shall be posted conspicuously in each washroom, at the bar and at each exit. 3196811 36 SECTION 2: 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: NAYS: ABSENT: PASSED and APPROVED this day of , 2013 Arlene A. Juracek, Village President ATTEST: M. Lisa Angell, Village Clerk 3196811 37 Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: NOVEMBER 21, 2013 SUBJECT: PZ -02 -13 / 50 S. EMERSON ST. / TEXT AMENDMENTS TO THE ZONING, SIGN, AND SUBVIDISION CODES (CHAPTER 14, 7, AND 15) The Community Development Department is seeking approval of Text Amendments outlined in the attached documents for proposed updates to Chapter 14, 7, and 15 of the Village Code (Zoning, Sign, and Subdivision Codes). The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, September 26, 2013, and by a vote of 7 -0, recommended approval of the proposed code updates to Chapter 14, 7, and 15 of the Village Code (Zoning, Sign, and Subdivision Codes). Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their December 17, 2013 meeting. Staff will be present to answer any questions related to this matter. William J. Cooney, Jr., A P h ph -11 v R ZOn11L Camll P&z 2013 niel nlenlos pz -0'_ -13'0 s. et—son A (te t inlednlents h0 ZOnim and sigl codes). dots J VILLAGE OF Village of Mount Prospegf. PROSPECT M Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION JOSEPH DONNELLY, CHAIRPERSON FROM: BRIAN SIMMONS, DEPUTY COMMUNITY DEVELOPMENT DIRECTOR DATE: SEPTEMBER 18, 2013 HEARING DATE: SEPTEMBER 26, 2013 SUBJECT: PZ -02 -13 — CHAPTER 14 & CHAPTER 7 CODE UPDATES (ZONING AND SIGN CODES) VILLAGE OF MOUNT PROSPECT - APPLICANT BACKGROUND A public hearing has been scheduled for the September 26, 2013 Planning & Zoning Commission meeting to review the application by the Village of Mount Prospect (the "Petitioner ") regarding proposed amendments to the Village's existing Zoning and Sign Code regulations (Chapters 14 & 7 of the Village Code). The P &Z hearing was properly noticed in the September 11, 2013 edition of the Journal Topics Newspaper. SUMMARY OF PROPOSAL Periodically, the Village performs amendments to the Zoning and Sign Codes to update these regulatory functions to better address current development trends within the community or to address variations which have been supported. The Community Development Department has been performing a review of these codes over the past year and is recommending the modifications proposed herein. Staff's proposed revisions are intended to make each code more user friendly and address industry trends and standards. The proposed amendments to the Zoning and Sign Code are discussed below: Zoning Code Section 14.203: Procedures for Administrative Functions Changes in this section are proposed to add provisions that would permit the Director of Community Development to hear and decide as the final administrative authority petitions for parking variations within the B- 5 /13-5C zoning districts. Currently the Director has the ability to review minor variations related to existing non- conforming accessory structures and conditional uses for unenclosed front porches. The provisions would allow for a public hearing in which the Director could review parking variation requests and make a determination based on a number of factors. The Director's decision could be appealed to the Planning and Zoning Commission. Section 14.304: Fence Regulations Language was modified to better define the calculation for the height of a fence, acceptable fence materials, and location of fences. Two primary changes which are proposed based on supported variations in the past include increasing the height of fences placed between single - family and multi - family properties (from 5 feet to 6 feet) and changes to regulations for fences placed in exterior side yards. Exterior side yards currently restrict fence placement to the building setback line when adjacent to the front yard of another property. Proposal would allow an open style fence to be setback one (1) foot from the property line, and a solid style fence ten (10) feet. PZ -02 -13 Planning & Zoning Commission Meeting September 26, 20013 Page 2 Section 14.305: Amateur Radio The State of Illinois recently passed new regulations related to a local municipality's ability to regulate amateur radio installations. The proposed modifications are intended to address these regulations. Section 14.306: Accessory Structures Regulations regarding the placement and size of donation boxes have been added. In recent years donation boxes have been placed on properties by for - profit entities without property owners' consent. The modifications are intended to regulate the placement of these units and are similar to those adopted by surrounding communities. Additional changes include refinement of codes pertaining to pergolas, sheds, and placement of accessory structures within easements. Section 14.306 E. Permitted Obstructions in Required Yards Changes eliminate rear yard setback requirements for certain accessory structures when a property directly abuts a navigable waterway. For instance, provisions would allow for the placement of boat slips on properties abutting Lake Briarwood. Other changes include the addition of generators and defining stoop /canopy dimensions within the code section. Section 14.501- 14.504 Planned Unit Development Changes are proposed to clean up language regarding PUD's and make code requirements more easily identifiable. Section 14.604: Land Use Table The land use table for commercial properties was updated to reduce redundancies and combine similar land use types to make the table more inclusive of use groups. Section 14.2211 Accessible Parking Requirements Changes are proposed to make the code compliant with the Illinois Accessibility Code. Section 14.2215 Driveways Minor modifications are proposed to codify current practices regarding driveways abutting sidewalks /patios and the location of driveways in front of a primary structure. Section 14.2219 Parking Lot Lighting Lighting illumination requirements for parking lots were refined to modify illumination levels between similar land use groups which share a cross - access connection. Changes would increase the permitted illumination level at the property line from 0.5 foot - candles to 2.0 foot - candles at the point of cross connection. Similarly, lighting levels along right -of -way are also proposed to increase from 0.5 to 1.0 foot - candles. Finally, staff proposed removing language which referenced a lighting handbook and the requirements for maximum lumens per acre. Section 14.2224 Off - Street Parking Requirements Parking requirements for a few uses are proposed to be modified. Specifically, restaurants are proposed to be calculated based on square footage instead of quantity of seating. Seating plans often change after a restaurant opens without requiring building or zoning approval. By calculating requirements on square footage the floor plan can be modified by the owner without requiring additional parking to be added. The proposed 12 spaces per 1,000 square feet requirement is similar to other surrounding communities requirements and accepted national standards for parking generation for restaurant uses. Downtown parking requirements were also modified in an effort to limit the need for existing properties to require variations at change of use. Retail/office now exempts the first 2,500 square feet from a requirement, office /medical is based on square footage instead of number of exam rooms, and restaurants are reduced to 4 PZ -02 -13 • 0 Planning & Zoning Commission Meeting September 26, 20013 �— - Page e 3 spaces per 1,000 in square footage. The reduced requirements are intended of (10)4rkt urdens on older properties located within the downtown district without requiring significant parking variations. Throughout most of the downtown area on- street or other public parking is available to offset parking demand. Sections 14.2301- 14.2309 Landscape Ordinance The approved plant list table is proposed to be updated with species that are appropriate for the area. Plantings which have been removed include non - native plantings or materials which are susceptible to invasive species. Other changes provide more consistency in the placement of plantings such as spacing of trees, or grouping of shrubs. Changes to the tree preservation section are proposed to clarify tree removal procedures. Restrictions would not apply to single - family homes, but all other properties within the Village. Standards for what needs to be removed are provided. Additionally, penalties for unauthorized tree removals were also clarified. Section 14.2401 Definitions In an effort to provide clearer regulations pertaining to specific areas of the code, additional definitions for terms are proposed to be added. These include automobile fueling station, beauty shop, donation box, open /solid fence, heavy /light manufacturing, massage therapy, and others. Sign Code Minor changes to the Sign Code are proposed in relation to sidewalk signs. Currently, sidewalk signs are permitted within the downtown districts under certain provisions. Proposed modifications would permit signs on private property when located adjacent to an entryway to an establishment. Signs would not be permitted in right of way. Changes also remove requirements for sidewalk signs to obtain a permit or property owner to provide copy of insurance to the Village. STANDARDS FOR TEXT AMENDMENTS Section 14.203 (D) lists standards for the P &Z to consider for text amendments to the Zoning Code. The standards relate to: • The general applicability of the amendment to the community, rather than an individual parcel; • Consistency of the amendment with objectives of the Zoning Code and Comprehensive Plan; • The degree to which the amendment would create non - conformity; • The degree to which the amendment would make the Zoning Code more permissive; and • Consistency of the amendment with Village policy as established by previous rulings. The proposed amendments to the Zoning Code would be applicable to the community as a whole and are not proposed in response to individual parcels within the Village. The amendments are comprehensive in nature, and will have limited impact on creating additional nonconformities. Changes which will make the code more permissive in its regulations relate to fences in exterior side yards and parking within the B- 5/B -5C districts as noted above. The majority of the proposed changes are intended to reflect current Village objectives or are in response to previous rulings on petitions. The proposed amendments satisfy the standards for text amendments as required in the zoning code. Section 7.750 (A) of the Village Code lists the standards for the Planning and Zoning Commission to consider for text amendments to the Sign Code. The standards include but are not limited to the following: • The general applicability of the amendment to the community, rather than an individual parcel. • Consistency with the objectives of the Sign Code and the intent of the applicable sign regulation; PZ -02 -13 Planning & Zoning Commission Meeting September 26, 20013 Page 4 • The degree to which the proposed amendment would create nonconformity; • The degree to which the proposed amendment would make the Sign Code more permissive; • Consistency with other plans and ordinances regulating property development; and • Consistency of the amendment with Village policy as established by previous rulings. Similar to the proposed amendments to the Zoning Code, the amendments to the Sign Code would be applicable to the community as a whole and are not proposed in response to individual parcels within the Village. The amendments are comprehensive in nature, and will have no impact on creating additional nonconformities. RECOMMENDATION The proposed text amendments to the zoning and sign codes are contained in the attached documents. Modifications to each code are indicated as deletions and additions. The proposed text amendments meet the standards contained in Section 14.203 (D) of the Zoning Ordinance and Section 7.750 (A) of the Sign Ordinance. Based on these findings, Staff recommends that the Planning and Zoning Commission make a recommendation to the Village Board to approve the following motion: "To approve the text amendments as outlined in the attached documents for case PZ -02 -13 which would perform certain amendments to the text of both the Village's Zoning and Sign Code regulations." The Village Board's decision is final for this case. I concur: William J. Co ney, AICP, Erector of Community Development /it HAPLAMPIanning & Zoning CONU"&Z 20131Staff Reports\PZ -02 -I3 Chapter 14 & 7 Code Updates.deex • • Village of Mount Prospec Mm " Community Development Departmen OLF CO VILLAGE OF MEMORANDUM M�, PROSPEC TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION JOSEPH DONNELLY, CHAIRPERSON FROM: CONSUELO ANDRADE, SENIOR PLANNER DATE: SEPTEMBER 25, 2013 HEARING DATE: SEPTEMBER 26, 2013 SUBJECT: PZ -02 -13 / CHAPTER 14 & CHAPTER 7 CODE UPDATES (ZONING AND SIGN CODES) / VILLAGE OF MOUNT PROSPECT This memo is intended to supplement the staff report prepared for Case# PZ- 02 -13, regarding the code updates to the zoning and sign codes. The Public Works Department has proposed the following additional code changes: Zoning Code Fence Regulation Section 14.304.2a: Add "Where existing drainage patterns would not be adversely impacted," to beginning of paragraph. Planned Unit Development Regulations Section 14.503.B.2.e: Replace "two feet (2')" with "one foot (1') ". Remove "village datum ". Section 14.503.B.2. is Add ", detention calculations and flood plain compensatory storage." to end of paragraph. Landscape Regulations Section 14.2302.0 Revise to state the following: Any development involving expansion by more than twenty-five (25 %) of an existing structure, excluding single- family residences, if constructed after the effective date hereof. Section 14.2302.D Delete in its entirety. Section 14.2304.B. Le. Replace in its entirety with "In conformance with the most current version of the American Standard for Nursery Stock, ANSI Z60 L" Section 14.2304.C. I. Add black walnut tree to prohibited plant list. Section 14.2304.0.2. Remove black walnut tree from list from recommended plant list. PZ -02 -13 Planning & Zoning Commission Meeting September 26, 20013 Page 2 Section 14.2304.0 ,. 2. c Replace "Betula platyphylla/Whije Birch" with "Whitespire /Japanese Birch ". Section 14.2306.B.3. b. Add "of' before planting material in last sentence. Section 14.2309.A.1. Revise text to read as follows: No more than five (5) trees on any property shall be removed, nor a tree having a caliper of four inches (4 ") or greater shall be removed from any proposed development site without a permit and meeting the requirements of this section. This section does not apply if the tree removal is requested by the Village or if the tree is located on public property. Chapter 9 of this code provides standards for removal of public property trees. RECOMMENDATION The proposed text amendments meet the standards contained in Section 14.203 (D) of the Zoning Ordinance and Section 7.750 (A) of the Sign Ordinance. Based on these findings, Staff recommends that the Planning and Zoning Commission make a recommendation to the Village Board to approve the following motion: "To approve the text amendments as outlined in the attached documents for case PZ -02 -13 and outlined in this supplemental memo, which would perform certain amendments to the text of both the Village's Zoning and Sign Code regulations." The Village Board's decision is final for this case. I concur: William J. CAlcy, AICP, 11rector of Community Development /it HRLAMPIanning & Zoning CONC"&Z 20 MSIe1T Repons\PZ -02 -13 Chapta 14 & 7 (Code Updates)Supplcmem.docx • 0 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -02 -13 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBER: REQUEST(S): Hearing Date: September 26, 2013 50 S. Emerson Street Village of Mount Prospect September 11, 2013 N/A Chapter 14 & Chapter 7 Code Updates (Zoning & Sign Codes) MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: Joseph Donnelly, Chair Sharon Otteman Tom Fitzgerald William Beattie Keith Youngquist Jacqueline Hinaber Jeanne Kueter None FILE COPS' VILLAGE OF MT, PROSPECT Brian Simmons, Deputy Director of Community Development Consuelo Andrade, Senior Planner INTERESTED PARTIES: Village of Mount Prospect Chairman Donnelly called the meeting to order at 7:34 p.m. Commissioner Hinaber made a motion, seconded by Commissioner Youngquist to approve the minutes of the August 22, 2013 Planning and Zoning Commission Meeting; the minutes were approved 7 -0. After hearing four (4) cases, Chairman Donnelly introduced Case PZ- 02 -13, 50 S. Emerson Street and stated the case was Village Board final. Mr. Simmons stated the proposed amendments are in relation to the review of the existing code. He further stated that Staff has proposed the changes in order to address current industry trends and standards, address variations which have been approved, and to maintain existing policies. Mr. Simmons explained the primary updates being proposed are related to administrative functions, fence regulations, donation boxes /permitted obstructions, land use table 2, driveways, and off street parking regulations. Mr. Simmons introduced the first proposal as an update to the administrative functions. He stated the proposal includes the addition of language which will allow an administrative variation process for any parking variations within the B5 /B5C zoning districts. Mr. Simmons stated the Community Development Director currently has the authority to approve minor variations to accessory structures that are nonconforming which are being replaced with a similar Joseph Donnelly, Chair PZ -02 -13 Planning & Zoning Commission Meeting September 26, 2013 Page 1 of 7 0 • structure. He explained the Petitioner is not required to go through the Planning and Zoning process and Village Board for approval. Instead the Petitioner attends a small hearing with the Director of Community Development, which shortens the process for the Petitioner. Mr. Simmons stated the proposed change would permit the Director of Community Development to hear and decide as the final administrative authority for parking variations within the 13- 5 /13-5C zoning districts. He further explained this would make it easier for the business owners to go through the variation process when /if there is a change in use. He also stated that the Director's decision could be appealed to the Planning and Zoning Commission. Chairman Donnelly asked if the Community Development Director would have authority to change the requirements for the parking for a specific development in the B -5 district. Mr. Simmons gave the example of a change of use from retail establishment changing to a medical office. He stated if they required a two space parking variation for the increased intensity of the use, the Director would be able to host a hearing and notify the property owners around the Subject Property in order to review and grant the variation. Mr. Simmons stated larger projects that require significant parking variations will still go through the Planning and Zoning process. He further explained the code change would establish standards that the Director would need to review as far as location of public parking facilities, and mass transit facilities. Chairman Donnelly asked the board if they had any questions or comments for staff. Hearing none, Mr. Simmons continued to the next code update. Mr. Simmons stated the next update is in regards to the Village's fence regulations, specifically fences located in exterior side yards. He stated the code was changed approximately ten (10) years previously and required fences that were in exterior side yards which fronted the front yard of an adjacent property to be setback to the lesser of either the existing building setback for the exterior side yard or the front yard setback of the adjacent lot. Mr. Simmons stated in recent years Staff has received a significant amount of requests from homeowners that want to either replace an existing fence or place a new fence within their exterior side yards. Much of these requests have required variations which have been supported by the Planning and Zoning Commission under certain conditions. The proposed changes are intended to reflect these previous variation approvals. Mr. Simmons stated Staff is proposing to add a definition for solid -style fences which is basically anything that has over 50% cover and cannot be seen through. Likewise, an open -style fence would be a fence with less than 50% coverage. Mr. Simmons further explained current exterior side yards restrict fence placement to the building setback line when adjacent to the front yard of another property; he stated the proposal would allow an open style fence to be setback one (1) foot from the property line, and a solid style fence to be setback ten (10) feet from the property line to give the homeowner more use of their property but will still maintain adequate sight triangles. Mr. Simmons also stated staff recommended minor changes relating to fence height calculations. He stated the height of the fence will still remain five (5) feet, but will allow for up to eight (8) additional inches for decorative features on the posts. He further explained the proposal for increasing the height of Joseph Donnelly, Chair PZ -02 -13 Planning & Zoning Commission Meeting September 26, 2013 Page 2 of 7 • 0 fences placed between single - family and multi - family properties from five (5) feet to six (6) feet based on previously supported variations. Chairman Donnelly asked if the property owner where to lose a fence in a storm would they have to replace the fence with a open style fence one (1) foot from the property line or a solid style fence ten (10) feet from the property line. Mr. Simmons clarified if a current legal nonconforming fence were to get damaged and needed to be replaced; it would have to be setback ten (10) feet if a solid style fence was desired. Otherwise a variation would be needed. Chairman Donnelly asked the board if they had any questions or comments for staff. Hearing none, Mr. Simmons continued to the next code update. Mr. Simmons stated the next proposal is in regards to the donation boxes that have been placed through- out the Village by non - for - profit and for - profit entities. He stated that some of those boxes have been dropped off over night onto commercial property sites without the property owners consent. He stated other nearby communities have regulations for donation boxes within the area. Staff is proposing modifications that will regulate the number per lot, size, location, and signage. He further explained that donation boxes will be limited to not - for - profit entity locations such as churches and park districts and will not be permitted on commercial property. He also said they will not be allowed to take up parking spaces on the property. Mr. Simmons explained some additional modifications to accessory structures which include a definition for pergola support columns that will define how close the columns can be to a primary structure if it isn't physically attached. Mr. Simmons stated the support structure needs to be three (3) feet for fire separation purposes from a building. Mr. Simmons stated there are some additional requirements regarding the types of items that can be stored in sheds. Commissioner Youngquist asked why staff is proposing to allow small recreational vehicles to be stored in sheds and that it should include a definition of what constitutes as a recreational vehicle. Mr. Simmons stated that this is one of the main uses for sheds currently within the Village. He explained the purpose of the update is to allow small recreational vehicles to be stored in sheds, the size requirements for sheds will not be changing in order to compensate for these items. Commissioner Beattie asked what the current size requirements for a shed are. Mr. Simmons stated the current maximum size for a shed is two hundred (200) square feet or two percent (2 %) of the lot, whichever is smaller. The size would be comparable to a parking space which is about 180 -190 square feet. Commissioner Youngquist stated he is concerned residents will abuse the amendments which will allow them to store motorcycles, golf carts, small boats, snow mobiles etc. in a shed. He stated that sheds typically don't have driveways that lead up to them and is concerned residents will cause a nuisance while trying to park these types of vehicles in sheds. Joseph Donnelly, Chair PZ -02 -13 Planning & Zoning Commission Meeting September 26, 2013 Page 3 of 7 • 0 Chairman Donnelly asked Staff how they will monitor small recreational vehicles versus small cars being parked in the shed. Commissioner Youngquist stated the only definition within the Village Code currently refers to recreational vehicle trailers, specifically boats. He stated that this implies recreational vehicle trailers are designed to carry recreational vehicles. Commissioner Youngquist further stated that Village Board will hopefully give more thought to the proposed amendment regarding small recreational vehicles. Chairman Donnelly asked if there were any further comments regarding the amendment. Hearing none, he asked Staff to continue. . Mr. Simmons stated the next proposed amendment eliminates setback requirements for certain accessory structures in the rear yard of properties that are adjacent to a publicly navigable waterway. He gave the example of Lake Briarwood homes that front the lake. He stated by current regulations, patios and decks would need to be setback fifteen (15) feet from the rear property line. He explained the proposal would allow these types of improvements to be constructed on those sites but still maintain a side yard setback. Mr. Simmons stated other changes include the addition of generators to the code as equipment that can be placed in the exterior side yard which will follow similar guidelines as air conditioner units. Chairman Donnelly asked if there were any comments; hearing none, he asked Staff to continue. Mr. Simmons stated the next proposed amendment includes minor modification to clarify uses or reflect current trends in the Land Use Table. The modifications would allow office uses to the Village's Industrial districts and more flexibility to certain uses in the zoning districts. He further explained one of the changes includes modifying language for manufacturing type uses. He stated, previously each manufacturing use was listed separately and the proposed change would narrow it down to heavy manufacturing and light manufacturing. Chairman Donnelly asked if there were any comments; hearing none, he asked Staff to continue. Mr. Simmons stated the code currently restricts the distance a driveway can encroach into the front yard beyond the existing door of a garage to a maximum of three (3) feet. He stated Staff is proposing a minor language change that would establish the same requirement for homes that have a detached garage which will restrict the encroachment to three (3) feet beyond the side of the structure where the driveway is located. Chairman Donnelly asked if there were any comments; hearing none, he asked Staff to continue. Mr. Simmons stated the next proposal is to modify the Village's off street parking regulations in particular the calculation for restaurants in the community. He stated, currently restaurant parking is calculated based on the number of seats and employees. Mr. Simmons explained the problem with the current calculation is often times employee counts change and also the volume of customers could fluctuate creating a need for increased parking. Mr. Simmons stated they are proposing to change the parking requirement to be based off of square footage instead of the number of seats and employees. He stated twelve (12) parking spaces would be required for every one thousand (1,000) square feet. Joseph Donnelly, Chair PZ -02 -13 Planning & Zoning Commission Meeting September 26, 2013 Page 4 of 7 0 • Mr. Simmons explained by calculating the requirements based on square footage the floor plan can be modified without requiring additional parking. Mr. Simmons stated Staff is also proposing to modify parking requirements in the B5 and 135C downtown districts. He stated the proposed requirement states four (4) parking spaces per one thousand (1,000) square feet which is intended to help soften parking burdens on older properties located with the downtown district without requiring significant parking variations. Mr. Simmons explained currently the code exempts fifteen hundred (1,500) square feet from the parking requirement; the proposed changes increase the exemption to twenty -five hundred (2,500) square feet decreasing the need for Variations and would make the downtown district more business - friendly. Chairman Donnelly asked if the entire square footage of the building would be included in the calculation for a restaurant use. Mr. Simmons stated, for a restaurant use restrooms and walking quarters would be exempt from the calculation but the kitchen and dining areas would be counted towards the parking requirement. Chairman Donnelly asked if there were any comments; hearing none, he asked Staff to continue. Mr. Simmons stated Staff is proposing updates to the illumination levels at properties that have a shared interconnect between a commercial and industrial property. The proposal will allow the illumination levels at the driveway interconnection to be slightly brighter for safety concerns. He stated illumination level will be increase to 2.0 foot candles. Also, Mr. Simmons stated Staff is proposing to increase lighting levels from 0.5 to 1.0 foot - candles along properties that abut arterial road ways or right -of -way. The proposal will allow safer access to a property. Chairman Donnelly asked if lights will be kept on throughout the night with the proposed amendment, as opposed to dropping down illumination levels when businesses are closed. Mr. Simmons stated the language could state the lighting levels should be reduced to security levels during non - operation hours, if that was what the Commission wanted. He stated a revised proposal would just remove the reference to the lighting handbook. The Commission agreed that lighting levels should be reduced to security levels during non- operation hours. Mr. Simmons stated Staff was recommending removing a prior code change regulating total light output on a property. He stated they have since realized it is difficult to monitor and want to remove it from the code. Chairman Donnelly asked if there were any comments; hearing none, he asked Staff to continue. Mr. Simmons stated the State of Illinois recently passed a new set of regulations related to a local municipality's ability to regulate amateur radio installations. The proposed modification to the Village Code will address the new regulations. He explained the new updates aren't significantly different from the current code but gives a better definition of amateur radio antennas and where they can be placed on the property. Joseph Donnelly, Chair PZ -02 -13 Planning & Zoning Commission Meeting September 26, 2013 Page 5 of 7 0 • Chairman Donnelly asked if the proposed update includes cell towers since they are federally regulated as well. Mr. Simmons stated the Village can regulate the placement of the cell towers in residential and commercial properties. Chairman Donnelly stated a resident could make a case that a 70- foot cell tower could be placed in their backyard because it is federally regulated. He stated the code should specify that it only includes amateur transmitting radio. Ms. Andrade clarified the code does provide specific regulations for cell towers which include height, setback and screening requirements. She stated that particular section is not being modified; however, there is a distinction between amateur radio and cell towers. Chairman Donnelly asked if there were any comments; hearing none, he asked Staff to continue. Mr. Simmons stated Staff is proposing some updates to the landscape ordinance, specifically updating the landscape tables. He stated the Village's forestry and engineering departments provided acceptable plant materials for the area and have removed non - native plantings or materials which are susceptible to invasive species. Mr. Simmons stated changes will clarify tree removal procedures, requirements and the standards for what needs to be removed and replaced. He stated this is generally geared toward commercial properties. Commissioner Youngquist stated more and more homeowners are electing to not replace diseased parkway trees that have been removed. Commissioner Hinaber stated the "look" of some neighborhoods is being compromised because of this. There was general discussion between the board and staff regarding the process of replacing diseased parkway trees. Chairman Donnelly asked if there were any comments; hearing none, he asked Staff to continue. Mr. Simmons stated Staff is proposing to clarify the language regarding Planned Unit Development (PUD) regulations and to make code requirements more easily identifiable. Mr. Simmons also stated changes are proposed to make the code compliant with the Illinois Accessibility Code as far as placement and size of the parking spaces. He stated that definitions will also be added for new common terminology within the code. Chairman Donnelly asked if there were any comments; hearing none, he asked Staff to continue. Mr. Simmons stated the final proposed update is to the Village's Sign Code. He stated currently the code allows sidewalk signs with certain provisions within the downtown area; however, the proposed changes would permit signs on private property when located adjacent to an entryway to an establishment. He stated signs would not be permitted in the right -of -way. Chairman Donnelly clarified the signs would only be allowed in the front of the establishment. Joseph Donnelly, Chair PZ -02 -13 Planning & Zoning Commission Meeting September 26, 2013 Page 6 of 7 0 0 Mr. Simmons stated that the sidewalk signs would only be permitted near the front entrance where pedestrians access the establishment. The proposal includes multi- tenant properties as well as the B5 district. Mr. Simmons summarized the standards for text amendments listed in Section 14.203 (D) the P &Z must consider for approval. The standards relate to: • The general applicability of the amendment to the community, rather than an individual parcel; • Consistency of the amendment with objectives of the Zoning Code and Comprehensive Plan; • The degree to which the amendment would create non - conformity; • The degree to which the amendment would make the Zoning Code more permissive; and • Consistency of the amendment with Village policy as established by previous rulings. Mr. Simmons stated that Staff has reviewed the code changes and believes they meet the applicable standards of the codes and is not significantly more permissive than the current code requirements. Based on these findings, Staff recommends that the Planning and Zoning Commission make a recommendation to the Village Board to approve the following motion: "To approve the text amendments as outlined in the staff report and attached documents for case PZ -02- 13 which would perform certain amendments to the text of both the Village's Zoning and Sign Code regulations." This case is Village Board Final. Chairman Donnelly asked if there were any comments; hearing none Commissioner Youngquist made a motion, seconded by Commissioner Beattie to approve the text amendments as outlined by Staff. UPON ROLL CALL: AYES: Otteman, Fitzgerald, Beattie, Youngquist, Hinaber, Kueter, Donnelly NAYS: None The case was approved 7 -0 and is Village Board Final. Commissioner Beattie made a motion seconded by Commissioner Otteman and the meeting was adjourned at 9:01 pm. Jen a oder, Administrative Assistant Com unity Development Joseph Donnelly, Chair PZ -02 -13 Planning & Zoning Commission Meeting September 26, 2013 Page 7 of 7 14.203: PROCEDURES FOR ADMINISTRATIVE FUNCTIONS: The procedures regarding all administrative functions of this chapter are set forth as follows: A. Review For Zoning Compliance: No permit pertaining to the use of land or buildings, existing or proposed, shall be issued by any officer, employee or department of the village unless the application for such permit has been reviewed and approved by the director of community development or duly appointed employee of the community development department. Such approval shall be by written authorization certifying the proposed use complies with all provisions of this chapter. In certifying this zoning compliance, the village authorizes that the specific land or building can be occupied or used for its intended purpose, provided that any new construction or remodeling conforms to the approved plans and all applicable regulations of the village. Any permit issued in conflict with the provisions of the zoning ordinance, or without proper authorization, shall be null and void. B. Approval Of Occupancy: No building shall be used for any purpose until the director of community development or duly appointed employee of the community development department has provided written authorization for approval of the occupancy in accordance with section 15.703 of this code. C. Variations: Intent: Variations shall be granted or recommended for approval only where the planning and zoning commission, 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 planning and zoning commission 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. 5. Public Hearing: Public hearings shall be held in compliance with state statutes and provisions of this chapter as described in subsection G of this section. 6. Action By Planning And Zoning Commission: The planning and zoning commission shall 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. The planning and zoning commission shall make recommendations to the village board on all variations which are more than twenty five percent (25 %) of any requirement of this chapter. In all petitions for variations, the planning and zoning commission shall make findings of fact based on the standards of this chapter. 7. Action By Village Board: The village board shall make a final decision on an application for a variation after receiving the recommendation of the planning and zoning commission. Any variation which fails to receive a favorable recommendation from the planning and zoning commission shall not be granted by the village board unless there is a concurring vote of five (5) if all seven (7) members of the corporate authorities are present and voting, and a concurring vote of four (4) if less than seven (7) members of the corporate authorities are present and voting. In the case of a written protest against any proposed variation, signed 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, 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 variation shall not be passed except by the voting requirements in the preceding paragraph. 8. Appeal Of Planning And Zoning Commission Decision: Any individual may file an appeal of any decision of the planning and zoning commission with the village board. Such appeal shall be filed with the director of community development within five (5) calendar days of the planning and zoning commission decision. 9. Standards For Variations: A variation from the regulations of this chapter shall not be granted or recommended for approval by the planning and zoning commission unless findings of fact based on evidence are made in each specific case that affirm the following standards: a. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations was to be applied; b. The conditions upon which an application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning classification; c. The purpose of the variation is not based primarily upon a desire to increase financial gain; d. The alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property; e. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; f. The granting of the variation will not alter the essential character of the neighborhood; and g. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 10. Restrictions On Variations: The following restrictions shall apply to all variations: a. No variation shall be authorized that would modify any definition; b. No variation shall be authorized that would vary uses between zoning districts, except use exceptions approved in a planned development; and c. No variation shall be authorized that would result in a density increase from that permitted in a zoning district except in conjunction with a planned development. 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 following: -LlLe*ir sing nonconforming accessory structures A. Applicable structures (1) Will be replaced with the same type of structure, (2) Do not exceed a total of two (2) accessory structures per lot of record, (3) Extend into no more than forty percent (40 %) of the required interior side yard setback, (4) Extend into no more than ten percent (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 ten percent (10 %). 14g oo+,+;, A1.6 ' H ,11 petitieRsStandards: -f minor variations consisting of existing nonconforming accessory structures the director of community development shall make findings of fact based on the petition and public 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. (2) Parking requirements for uses in excess of 2,500 square feet in floor area located in the B -5 Central Commercial District and B -5C Core Central Commercial District. A. Standards: For minor variations consisting of parking requirements for uses in excess of 2,500 square feet in floor area located in the B -5 - Central Commercial District and B -5C Central Commercial Core District, the director of community development shall make findings of fact based on the petition and public input according to the following standards: (1) Whether the requested relief will be out of character with the neighborhood. Whether there are other properties within the same zoning district, which ° v+elate- shave received a variation from the same regulation. (3) Whether there is 4n-t-public parking available within 1,000 feet, , ^,' h IC4n F hoc boon Oho OF FY rhniro Fnr PaFk (4) Whether there is public transit (e.g. train station) available within 1,000 feet. (5) Whether there are adjacent lands uses with different peak parking demand periods based on the hours of operations. (6) Whether there is a .9shared parking agreement / valet service provided. eb. Hearings: 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 department of community development shall provide . 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. Th e appliranf Shall affocf in wF that the lief of pFepeFty ewRe Fs . , true e and- aGGu -F,� . 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 thirty (30) days nor less than seven (7) 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. 4c. 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 planning and zoning commission. Such appeal shall be filed with the director of community development within five (5) calendar days of the director's decision. 12. Additional Restrictions: In the granting of a variation, additional conditions and restrictions may be placed upon the premises, which are necessary to comply with the standards listed above and the objectives of this chapter. 13. Revocation: Where a variation has been granted pursuant to the provisions of this chapter, such approval shall become null and void unless a building permit is issued and work is substantially underway within twelve (12) months of the date of the variation, unless extended by the planning and zoning commission. 14. Effect Of Denial Of Proposal: No application for a variation which has been denied by the planning and zoning commission or village board shall be resubmitted for a period of one year from the date of the denial, except on grounds of new evidence or proof of change of condition found to be valid by the director of community development. 14.304: BULK REGULATIONS: Bulk regulations shall be set forth in each zoning district for all buildings, structures, and uses of land. In addition, the following general standards shall supplement the specific requirements of each zoning district: A. Minimum Lot Size /Division Of Zoning Lots: Every lot created after the effective date hereof shall meet the minimum lot area and minimum lot width requirements of the zoning district within which it is located. In any zoning district, a building, structure or use of land may be established on any lot which is a lot of record or zoning lot on the effective date hereof, provided that all other bulk regulations of the zoning district are met. B. Yard Requirements: All yard requirements shall be set forth under each zoning district for all buildings, structures and uses of land. All required yards shall be located on the same lot as the building, structure or use of land for which such yard is required. The right of way for any public roadway, public alley which exists by dedication shall not be included as part of a required yard. C. Number Of Buildings On A Lot: Not more than one principal building shall be located on any zoning lot in a zoning district, except in the case of a PUD, where more than one principal building on a zoning lot shall be allowed as part of a PUD. D. Regulations For Fences And Wallsi: 1. General Provisions: It shall be unlawful to construct, erect or replace any fence without first obtaining a permit from the Community Development Department. The permit may be granted only if the proposed fence is in compliance with the provisions of the Village Code. For the purposes of this section, freestanding walls shall be considered fences. Height And Location: a. Separation: Where existing drainage patterns would not be adversely impacted, Aa maximum of two inch (2 ") separation shall be maintained between the fence and the { -base grade to provide for adequate drainage. Fences located across drainage swales shall be a maximum of six inches (6 ") above grade unless the Village Engineer requires a larger separation. — Fences shall not be permitted in floodway areas as designated on FEMA's flood boundary and floodway map. b. Sight Triangle: No fence greater than three feet (3') in height shall be placed within a sight triangle so as to obstruct or limit the line of sight for a motorist, cyclist, or pedestrian. c. Encroachment: All fences shall be entirely on private property. Fences may not encroach on adjoining lots or public rights of way. d. Fenceable Area: Under no circumstances shall a fence enclose an area that is less than fifty percent (50 %) of the maximum fenceable area of a residentially zoned property. This limitation shall not apply to fencing around swimming pools. e. Five Foot Fences: Fences up to five feet (5') in height will be permitted as follows, and as shown on exhibit 14.304 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: Open and solid style fences may be installed in an exterior side yard, provided that the fence is placed behind the front line of the principal building and set back one foot (1') from the property line along the exterior side yard. If the exterior side yard abuts the front yard of an adjacent loti +h�f�p chill not he 1G)Ga any r�-. I e s eQ r t A t h eQ ekxter s yaFGI IGt 1 ORL-9 thaA e the bu li ne esta-b by the a one foot (1') setback for an open style fence or a ten foot (10') setback for a solid style fence shall be maintained frorn the property line along the exterior side yard. f. Swimming Pool Fences: Fences and gates at least four feet (4'), but not greater than five feet (5'), in height to completely surround swimming pools other than swimming pools having a raised deck at least four feet (4') above grade may be placed as follows: (1) Along the perimeter of the pool walk areas; or (2) Along the perimeter of the lot as described in subsection D1 a of this section. g. Six Foot Fences: Fences and gates up to six feet (6') in height will be permitted as follows, and as shown on exhibit 14.304 b in section 14.2501 of this chapter: (1) When placed within the permitted buildable area of a residential property, an area fence no longer than eighteen feet (18') in length provided that it is located within the rear yard. (2) When 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 and provided that a one foot (1') setback is maintained from the rear or exterior side lot line abutting the arterial road right of way. (3) When placed between adjacent residential uses and nonresidential uses along side or rear lot lines. (4) When placed between single - family residential and multi - family residential uses along side or rear lot lines. h. Eight Foot Fences: Fences up to eight feet (8') in height will be permitted as follows: (1) In industrial and commercial districts when used for the purpose of screening accessory building material, equipment or vehicle storage yard uses. (2) In residential zoning districts, along rear or side property lines contiguous to railroad rights of way. (3) Public swimming pools, along the perimeter of the pool area. i Method for Determining Fence Height : Fence height shall be measured vertically from the base grade to the top of the fence. Posts, including caps, used specifically for supporting a fence may exceed the applicable height limit by a maximum of eight inches (8 "). The required separation for drainage purposes shall not be counted towards the fence height limitations. i. Utility Easements: The construction of fences in utility easements is subject to the condition of the easement. fk. Arbors/Trellises: A maximum of two (2) arbors or trellises shall be permitted except in any required front yard. Such arbors or trellises may not exceed a height of eight feet (8') or a width of ten feet (10') and be no more than twenty five percent (25 %) opaque. W. Recreational Facilities: Open mesh chainlink fences up to twenty feet (20') in height may be permitted surrounding recreational facilities such as tennis courts, athletic fields, or similar uses subject to the approval of the community development director. -23. Construction: a `Need- aAd ^";;" ,'" ,k + Fences may be constructed of wood, chainlink, masonry, aluminum, wrought iron, composite, or similar materials and shall be constructed so that only a smooth finished side faces an abutting lot or road. b. It shall be unlawful to maintain or construct any fence composed in whole or part of barbed wire or with any similar materials designed to cause injury to person, or any wire charged with electrical current, anywhere within the village except to protect industrial property, in which case, barbed wire must be at least six feet (6') above sidewalk and extend inward of property. c. Fences surrounding swimming pools must meet the provisions of subsection D1f of this section. d. Fences used for the purpose of screening in commercial and industrial districts shall be of solid style. Fences may be constructed of wood masonry, or other material shall be subject to approval by the Ddirector of Scommunity Ddevelopment. All other fences may be ^ ^ ^ ° +r„ ^ +° ^+ open style except where adjacent to residential property-u-sed-#er r°r„.Rptma' usiq, in which case, the fence must be et-a solid style. e. T 4L In districts other than single - family residence zoning districts, the village shall require that fence areas be landscaped with low height plantings or other material to -teas approved by the community development department. gf. Grades at property lines shall not be altered due to fence construction unless a grading plan is submitted to and approved by the community development director. g. Temporary construction, safety, and silt fencing may be permitted only as part of a construction project for which a current building permit exists. Temporary construction, safety, and silt fencing shall be removed upon completion of the construction project. 14.305: REGULATIONS FOR RADIO, SATELLITE AND TELEVISION ANTENNAS, TOWERS AND DISHES: A. General Provisions: 1. Compliance With Requirements Of This Section: Antenna towers and dishes which do not comply with the requirements of this section may be authorized only in accordance with the procedures for conditional uses. All antenna towers and dishes shall be constructed to meet or exceed the minimum wind velocity and construction standards specified in the building codex. 2. Satellite Dishes And Personal Wireless Service Facilities: Satellite dishes that are less than ^e hree feet (14--1;4) in diameter and personal wireless service facilities are not regulated by this section. 3. Antennas used for amateur radio purposes shall comply with the requirements in subsection D. B. Ground Mounted Antenna Towers Or Dishes: 1. Number Permitted: There shall not be more than one ground mounted antenna tower or dish located on a zoning lot. 2. Location: Ground mounted antenna towers and dishes shall not be located in any required yard except for rear yards and shall r,n„fn P . M . , Y ith Se tb a L ron„iromon +c cr,orifiorl fnr -Arroccnni 191161rlir,nc an d 6 +r6r.+„res.be set back a minimum of five feet (5') from the lot line 3. Height Restrictions: The height of all antenna towers or dishes shall include any accompanying base or support structures and shall be measured from finished grade to the highest point of the antenna. a. Residential Zoning Districts: (1) Antenna Towers: Federally licensed -Amateur ra -lie 4rancmittiA towers shall not exceed a maximum height of seventy feet (70'). (2) Dish Antennas: Ground mounted dish antennas shall not exceed fifteen feet (15') in height. b. Nonresidential Zoning Districts: (1) Antenna Towers: Ground mounted antenna towers shall not exceed seventy feet (70') in height, unless authorized by a conditional use permit. (2) Dish Antennas: Ground mounted dish antennas shall not exceed the height of the building by which they are located. 4. Diameter: a. Residential Zoning Districts: Roof mounted dish antennas located on residential buildings shall not exceed one m°•°F (I m` three feet (3') in diameter. Roof mounted dish antennas located on educational, religious, or municipal buildings shall not exceed ten feet (10') in diameter. (1) Ground mounted dish antennas shall not exceed ten feet (10') in diameter. b. Nonresidential Zoning Districts: (1) Ground mounted dish antennas in nonresidential zoning districts shall not exceed fifteen feet (15') in diameter. 5. Screening: All ground mounted dish antennas must be screened with landscaping or fencing as determined appropriate by the community development director. C. Roof Mounted Antenna Towers And Dishes: 1. Number Permitted: a. Residential Zoning District: There shall not be more than one roof mounted antenna tower or dish located on a zoning lot. b. Nonresidential Zoning District: There shall not be more than one roof mounted antenna tower or dish for each separate establishment located within a zoning lot. 2. Location: Subject to structural approval, roof mounted antenna towers and dishes shall be located on the principal building to which they are an accessory. 3. Height Restrictions: a. Residential Zoning Districts: (1) Antenna Towers: Roof mounted antenna towers shall not project more than ten feet (10') above the maximum height of the residential building upon which they are located. Antenna towers located on the roof of educational, religious, or municipal buildings shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located. (2) Dish Antennas: Roof mounted dish antennas shall not project higher than the maximum height allowed for the building upon which they are located. b. Nonresidential Zoning Districts: (1) Antenna Towers: Roof mounted antenna towers shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located. (2) Dish Antennas: Roof mounted dish antennas shall not project higher than the maximum height allowed for the building upon which they are located. 4. Diameter: a. Residential Zoning Districts: Roof mounted dish antennas located on residential buildings shall not exceed three feet (3') in diameter. Roof mounted dish antennas located on educational, religious, or municipal buildings shall not exceed ten feet (10') in diameter. b. Nonresidential Zoning Districts: Roof mounted dish antennas shall not exceed fifteen feet (15') in diameter. 5. Screening: All roof mounted dish antennas larger than 4pe4Heter,hree feet (14-n4) in diameter must be fully screened from view from adjacent roadways and properties (between grade level and 10 feet above grade level) with materials which are compatible with the building to which they are accessory. (Ord. 4590, 9 -21 -1993; amd. Ord. 4925, 4 -21 -1998) D. Amateur Radio Antennas 1. Ground mounted antennas: a. Antenna towers shall not be located in any required yard except for rear yards and shall be set back a minimum of fifteen feet (15') from anv lot line. b. Ground mounted antenna towers shall not exceed a maximum height of seventy feet (70'). including any accompanying base or support structures and shall be measured from finished grade to the highest point of the antenna. c. Ground mounted dish antennas shall not exceed fifteen feet (15') in height and ten feet (10') in diameter, including anv accompanying base or support structures and shall be measured from #P0-#e4-base grade to the highest point of the antenna. 2. Roof mounted antennas for arnateur radio use shall comply with the following: a. Antenna towers shall not project more than ten feet (10') above the maximum height of the residential building upon which they are located. Antenna towers located on the roof of educational, religious, or municipal buildings shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located. b. Dish antennas shall not project higher than the maximum height allowed for the building upon which they are located 1) Roof mounted dish antennas located on residential buildinas shall not exceed three feet (3') in diameter. (2) Roof mounted dish antennas located on educational, religious, or municipal buildings shall not exceed ten feet (10') in diameter. c. Roof mounted antenna towers or dish antennas for amateur radio use shall be located on the principal building to which they are an accessory and are subject to structural approval. 14.313: REGULATIONS FOR PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES: =' U P. Definitions: AMATEUR RADIO: The use of designated radio frequencies for purposes of private, non- commercial communication. "Amateur" includes persons with a recreational interest in radio technique solely with personal aim and without direct pecuniary interest, and shall not include commercial broadcasting, public safety communication, or professional two -way radio services. Also known as "Ham radio ". ANTENNA: The surface from which wireless radio signals are sent and received by a personal wireless service facility. "Antenna" should not be used as a synonym for "cell site ". APPLICANT: A person or company with an application before the village for a permit for a personal wireless service facility. COLLOCATION: The use of a single mount on the ground by more than one carrier (vertical collocation) and /or several mounts on an existing building by more than one carrier. FACILITY: See definition of Personal Wireless Service Facility. GUYED TOWER: A monopole or lattice tower that is tied to the ground or other surface by diagonal cables. LATTICE TOWER: A ground mounted structure that is self- supporting with multiple legs and cross bracing of structural steel. MONOPOLE: A type of ground mounted structure that is self - supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top. Vertical collocations often have arrays at intermediate positions on the monopole. PERSONAL WIRELESS SERVICE FACILITY: The plant, equipment and property, including, but not limited to: cables, wires, conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services, as further defined in the telecommunications act. A personal wireless service facility is the appropriate term for "cell site" in ordinances and other official documents. PERSONAL WIRELESS SERVICES: Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services STRUCTURE MOUNTED ANTENNA: A structure mounted antenna is typically located on structures such as streetlights, traffic lights, water towers, utility poles and sides and roofs of buildings. UNLICENSED WIRELESS SERVICES: Commercial mobile services that can operate on public domain frequencies and, therefore, need no federal communications commission (FCC) license for each cell site, suGh as an aniateuF Fadie faGility. _ WHIP ANTENNA: A thin rod that beams and receives a signal in all directions. (Ord. 4925, 4 -21- 1998; amd. Ord. 5189, 5 -15 -2001; Ord. 5219, 11 -6 -2001; Ord. 5751, 8 -4 -2009) 14.306: ACCESSORY STRUCTURES: ' A. General Requirements: The following restrictions on accessory buildings, structures and uses apply to all zoning districts: 1. Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the time of construction of a principal building. 2. Yard Requirements: No accessory building, structure or use shall be located in a required front yard, required side yard or exterior side yard, unless otherwise provided for in this chapter. 3. Height Requirements: No detached garage shall exceed a maximum height of twelve feet (12'). No other accessory building /structure shall exceed ten feet (10') in height. 4. Separation Between Buildings: A detached accessory building or structure shall be located no closer to the principal building than three feet (3'). Detached garages located between three feet (3') and ten feet (10') from a principal building shall be provided with a five - eighths inch ( /8") drywall finish on the interior walls and ceiling. Decks attached to the principal building are permitted to attach to a swimming pool if all required rear and side yard setbacks are met and the deck is designed with a gate between the deck and pool and access is provided to the yard from the deck. Pergola support columns shall be located no closer to the principal building than three feet (3'). 5. Number Of Accessory Structures: The maximum number of accessory structures shall not exceed two (2) such structures per zoning lot. Swimming pools are exempt from the total number of accessory structures. 6. Shed Restrictions: A shed shall not be utilized to store motor vehicles or as office, work or living space. The storage of household items, equipment to maintain the property and small recreational vehicles is Dermitted. 7. Roof Pitch: No accessory structure shall have a roof pitch of less than three to twelve (3:12). Pergolas shall be exempt from this requirement. B. Restrictions In Residential Districts: 1. Maximum Size: a. A detached private garage may be no larger than six hundred seventy two (672) square feet. b. A shed, gazebo, pergola, greenhouse, or other similar accessory structure may be no larger than the smaller of the following: (1) Two percent (2 %) of the lot area; or (2) Two hundred (200) square feet. 2. Bulk Restrictions: On lots fifty five feet (55') in width or less, detached accessory structures shall be set back three feet (3') from any interior side or rear lot line. On lots greater in width than fifty five feet (55'), detached accessory structures shall be set back five feet (5') from any interior side or rear lot line. No accessory structure shall be placed on any right of way or village utility or dmod easement without prior consent from the director of community development Accessory structures shall be included in any maximum lot coverage calculation. C. Restrictions In Business And Industrial Districts: 1. Maximum Area: Detached accessory building(s) or structure(s) shall occupy no more than thirty percent (30 %) of the area of a required yard. 2. Yard Requirements: Accessory structures shall be set back six feet (6') from any side or rear lot line. No accessory structure shall be placed on a right of way or village utility or 4e4ica easement without prior consent from the director of community development D. Regulations For Specific Accessory Structures And Uses: 1. Garbage Dumpsters And Recycling Containers: a. Required: All multi - family buildings utilizing centralized solid waste services shall provide a garbage dumpster and recycling container area which meets the minimum standards which have been established by the solid waste coordinator. b. Location: Outdoor designated garbage dumpsters and recycling containers shall maintain the same setbacks as parking lots. Dumpsters and containers that are located within covered parking areas shall be designed so that they do not conflict with required parking spaces or access drives. c. Screening: Such dumpsters and containers shall be screened on all sides by a solid wood fence or equivalent screening material to a height not less than six feet (6'). Multiple - family residential developments shall provide screening on no less than three (3) sides. 2. Accessory Commercial Uses Within Multi - Family Residences: Accessory commercial uses including restaurants, drugstores, retail food shops, valet services, beauty and barber shops, and physical fitness or health facilities shall be permitted within multi - family buildings provided that the accessory uses must be accessible to the public only through the lobby of the building; and no advertising or display related to the accessory use shall be visible from outside the building. 3. Accessory Uses Within Office Buildings: Accessory uses located within office buildings including cafeterias, restaurants, gift shops, flower shops, snack bars, drugstores, barbershops, beauty parlors, banks, daycare centers, and office supply stores (excluding sales of office machinery and furniture) shall be permitted provided that said accessory uses are conducted for the convenience of the employees, patients, patrons, or visitors. Said accessory uses shall be designed and located totally within the confines of the principal building and the primary access to any accessory retail use shall be from within the principal building. 4. Parking Lots And Access Drives: Parking lots and access drives shall not be subject to the restrictions of this subsection, but shall be subject to landscape requirements'`. 5. Signs: Signs shall not be subject to the restrictions of this subsection but shall be subject to the sign ordinance of the village. 6. Swimming Pools: The regulations of this subsection shall not apply to any pool having at every point a depth less than twenty five inches (25 "). No out of doors swimming pool for the use of members and their guests of nonprofit club or organization, or limited to house residents of a multiple - dwelling unit, a block, a subdivision, neighborhood, or other community shall be permitted in an R -1, R -A or R -X district. a. Location: Swimming pools shall be located entirely behind the rear line of the building of the principal structure on the lot in the R -1, R -A, R -2 and R -X districts. Swimming pools shall not be permitted in any required front, side or exterior side yards. Pools are permitted to encroach into the rear yard provided a minimum of fifteen feet (15') is maintained from the rear property line to the edge of the structure. b. Area: The surface area of the swimming pool shall be included in total lot coverage. c. Construction: All swimming pools shall be constructed according to the requirements of this code. 7. Donation Boxes: The following restrictions shall apply to all donation boxes located within the Village: a. No more than one (1) donation box shall be located on anv lot. b. A donation box shall not exceed six and one -half (6.5) feet in height. The -Bbox footprint shall be no greater than twenty -five (25) square feet. c. Location Requirements. The following location requirements shall apply to all donation boxes. (1) Donation boxes -s Beare permitted as an accessory use to an institutional or non- profit use only. (2) Donation boxes shall not be located in a required parking space. (3) Donation boxes shall not be located in a required front yard, required side yard or exterior side yard and shall be located to minimize visual impact when viewed from a street. d. Maintenance Requirements. Donation boxes shall be maintained in good condition with no structural damage, holes, *s�rust or graffiti. All boxes shall be emptied and serviced regularly to prevent overflow of collections and be kept free of debris. e. Signage. The nName, address,- and phone number of the donation box operator shall be posted on the box. Information shall be provided on the box as to whether the operator is a for - profit or not - for - profit organization. Total signage on the donation box shall not exceed twe five (5 -2) square feet or as approved by the director of community development. 14.306. E. Permitted Obstructions in Required bards: E. Permitted Obstructions In Required Yards: These structures shall be allowed to encroach into the required yards, as follows: 1. Open stoops and canopies that are neither larger than eight feet (8') in width and five feet (5') in depth, excluding steps -. 2. Eaves, storm gutters, chimneys and bay windows extending into such yards not more than twenty four inches (24 "), however, in no case shall any such obstruction be located within twelve inches (12 ") of a property line. 3. Patios, balconies, wood decks, swimming pools boat slips and handicap ramps may encroach in the required rear yard_, Sucha4 structures shall 4ia4ta a minimum setback of fifteen feet (15') ;s, m -aip;9 between the rear property line and the near edge of the structure if the rear yard is adjacent to another lot. No setback shall be required if the rear yard is adjacent to a publicly navigable waterway. Handicap ramps may encroach into fifty percent (50 %) of a required side yard. , ° No structure shall be located over or upon a right of way or a village utility or an easement without prior consent from the director of community development H an di Gap FaMP May e„Gr„aGh ;„t„ fifty PeFGe„+ (500,4 „ f a Feg ro � Side YaFd. 4. Service walks, sidewalks, steps and handicap ramps may be installed and maintained as follows: a. Rear or interior side yards: Up to three feet (3') in width. b. Front or exterior side yards: Up to eight feet (8') in width if providing direct and the singular means of access to the primary entry of the residence; otherwise up to five feet (5') in width. 5. Driveways may encroach in the required front, side, and rear yards. 6. Central air conditioning units -a-r4 generators, and similar mechanical equipment shall be located on the rear elevation of any principal structure. If the units cannot be reasonably placed on the rear elevation because of operational reasons, such unit may be placed in up to twenty five percent (25 %) of a required side yard, provided such location does not result in exhaust discharge upon any adjoining building or vegetation. Documentation verifying that the units cannot be located at the rear of the structure shall be submitted by the a installer and approved by the director of community development. A screening plan which includes fencing or landscaping must be submitted with the permit and approved by the director of community development. 7. Stationary basketball standards may encroach into the required front, side, and rear yards. 8. Landscape terraces and retaining walls, subject to approval by the engineering division and issuance of a building permit. 9. Rain barrels up to one hundred (100) gallons in size shall be permitted in interior side or rear yards. Rain barrels up to fifty five (55) gallons may also be permitted in exterior side yards provided they are screened via a landscaped hedge or planting area. Rain barrels shall be equipped with a screen to prevent insect nesting and provide an overflow system to direct excess rainwater away from the primary building structure. (Ord. 4590, 9 -21 -1993; amd. Ord. 4678, 10 -4 -1994; Ord. 4709, 3 -7 -1995; Ord. 5034, 7 -20 -1999; Ord. 5071, 12 -21 -1999; Ord. 5173, 3 -6 -2001; Ord. 5290, 11 -19 -2002; Ord. 5426, 4 -20 -2004; Ord. 5447, 7 -19 -2004; Ord. 5751, 8 -4 -2009) 14.314: OUTDOOR LIGHTING REGULATIONS: All outdoor lighting, except for streetlights, shall be subject to the following general requirements: (Note: Additional regulations for parking lot lighting are included in section 14.2219 of this chapter.) A. Glare Onto Adjacent Properties: Electric lighting used to illuminate outdoor areas shall be directed in such a way as to prevent light trespass or direct glare onto adjacent properties and rights of way. B. Fixture Design: Outdoor lighting fixtures in nonresidential locations must shall comply with the following limitations: 1. Full cutoff luminaries with a total cutoff angle of not more than ninety degrees (90 shall be used. The director of community development may approve cutoff angles greater than ninety degrees (90 or the use of fixtures without full cutoff luminaries upon submission of information conclusively demonstrating that the proposed lighting will not cause glare on adjacent properties. 2. All lighting mounted under a canopy, including, but not limited to, luminaries mounted on or recessed into the lower surface of a canopy, shall be full cutoff. 3. Flat lenses are required for all lighting fixtures. 4. Wall lights, where used, shall be full cutoff and fully shielded. 5. Task focused lighting is permitted at gas stations, ATM drive - throughs, and similar uses as approved by the director of community development, and must include an internal louver so the light focuses directly on the task area and does not spill onto the pavement. 6. The requirements of this subsection shall not apply to architectural fagade lighting installed in accordance with Section 14.314 (1) "Architectural Lighting Of Building Facades ". C. Light Intensity Levels At -F } Lot Lines: The light iRte Rsity level mea - sure rd a+ a PrePerfi, lope' shall exEeed_ ^ 5_ feet All illumination level readings shall be taken at ground level no more than six (6) inches above grade and shall be subject to the following maximum foot - candles at the lot line. The requirements e++h suhsert shall net aeeh,+e a ZeR rlistrir+ ether than the R F ;4A d R !-C rdic+rir• +c Location Maximum Foot - Candles at Lot Line Residential to Residential 0.5 Nonresidential to Nonresidential 0.5 Nonresidential to Residential 0.5 Nonresidential Lot Line Abutting an Arterial 1.0 Right of Way Lot lines with vehicle cross access to 2.0 adjacent properties, commercial and industrial uses only 1. The requirements of this subsection shall not apply to lot lines within the B5 and B5C zoning districts that directly abut another property in the B -5 or B -5C district. D. Maximum Illumination Levels: The following table summarizes the maximum average illumination levels for a variety of uses: i Ak Maximum Average IES Type Of Use Illumination Level (Foot - Candles) Auto dealerships (display areas only) 50 Business districts 5 Commercial and Industrial Canopy lighting 30 Loading /unloading platform (dock) 20 Outdoor sports lighting 40 Park, school, institutional, and industrial 5 uses Lighting for uses other than those listed in the above table shall be reviewed by the community development director to ensure the proposed illumination levels are appropriate for the property and surrounding area. E. Lighting Plan Required: The building permit submission for any nonresidential development or multi - family residential development shall include a lighting plan signed and sealed by a professional engineer and including, at a minimum, the following: 1. All property lines, building locations, dimensions of paved areas, and location of all curbs; 2. Fixture locations; 3. Fixture details and height; 4. Photometric data for all paved areas at a spacing of not greater than twenty feet (20') and not greater than six inches (6 ") above the pavement surface; 5. Photometric data at all property lines at a spacing of not greater than fifty feet (50') and not greater than six inches (6 ") above grade; 6. Scale of not less than one inch to fifty feet (1" = 50'); 7. Details of the proposed light poles and foundations; 8. Existing and proposed utilities on the subject property and in rights of way adjacent to the subject property; 9. Other information, as required. F. Hours Of Operation: All lighting shall be reduced to security levels_ as ror I ;,, the " IllummRatmRg - F=RgiReeFiRg 99GO Qf WA-Fth 4mQr -Ligh+� Hand during hours of nonoperation of the principal use on a property. G. Nonconforming Lighting: Any lighting that does not conform to the regulations outlined above shall be made to conform by means of alteration no later than January 1, 2006. 1H. Architectural Lighting Of Building Facades: 1. Upward aimed building facade lighting shall not exceed nine hundred (900) lumens (60 watt incandescent or 13 watt compact fluorescent bulb). All upward aimed light shall be fully shielded, fully confined from projecting into the sky by eaves, roofs or overhangs, and mounted as flush to a wall as possible. 2. Building facade light exceeding nine hundred (900) lumens shall be fully shielded, aimed downward, and mounted as flush to a wall possible. 3. Building facade lighting shall be fully contained within the vertical surface of the wall being illuminated. 4. Building facade lighting that is measurable at the ground level shall be included in the maximum allowable light levels. JI. Exceptions: The standards of this section shall not apply to the following types of exterior lighting: 1. Ornamental Lighting: Low voltage (12 volts or less), low wattage ornamental landscape lighting fixtures, and solar operated light fixtures have self- contained rechargeable batteries, where any single fixture does not exceed one hundred (100) lumens. 2. Seasonal Lighting Displays: Lighting displays, which are installed for less than seventy five (75) days over any continuous twelve (12) month period. 3. Lighting For Safety Or Security: Upon finding by the police department that outdoor lighting in specific areas of the community, that otherwise meets the requirements of this section, is not adequate and additional lighting is necessary to improve safety or security for the property or its occupants. (Ord. 5380, 11 -4 -2003; amd. Ord. 5546, 2 -7 -2006; Ord. 5751, 8 -4 -2009) 14.2219: PARKING LOT LIGHTING: t' In addition to the requirements e Wiped set forth below, all parking lot lighting shall comply with the outdoor lighting regulations included in section 14.314 of this chapter. All parking lots with more than four (4) spaces shall provide lighting. Artificial lighting used to illuminate any parking lot and drive aisles immediately accessing parking stalls shall comply with the regulations as set forth in this section. A. General Requirements: 1. Pole Height And Material: a. The total height of light fixtures, including the pole, pole support, fixture and related equipment, shall be limited to the district height limit or a maximum of thirty feet (30'), whichever is less. b. Light poles shall be constructed of metal, or other material acceptable to the village engineer. Wood poles are prohibited. 2. Glare Onto Adjacent Properties Prohibited: €4ec�iE Lfighting used to illuminate off street parking areas and drive aisles immediately accessing parking stalls GF dFiveways.shall be directed away from adjacent properties and rights of way in such a way as to not create a nuisance. The following illumination standards shall be: a. Light intensity at a blot line abutting a residential property shall not exceed 0.1 foot - candle. b. Light intensity at a p-F�lot line abutting a nonresidential property or right of way shall not exceed 0.5 foot - candle. c. The maximum light intensity at the lot line for commercial or industrial uses abutting an arterial street (defined in Chapter 18 of the Village Code) right of way shall not exceed 1 foot - candle. d. The maximum light intensity at the lot line for commercial or industrial uses with cross access to abutting commercial or industrial uses shall not exceed 2 foot - candles e. The requirements of this subsection shall not apply to lot lines within the B5 and 135C zoning districts that directly abut another property in the B5 and 135C district. 3. Protection Of Lighting Fixtures: Light poles in a parking lot shall be protected from vehicles by curbed landscape islands or curbed landscape diamonds. 4. Illumination Levels And Uniformity: The following criteria for minimum illumination, maximum illumination, and uniformity shall be met for all parking lots: Minimum Average IES Maximum Average IES Type Of Illumination Level Illumination Level Development (Foot - Candles) (Foot - Candles) Uniformity Multi- family 0.1 1.5 4 :1 residential (ave. /min.) 15 :1 (max. /min.) r Commercial 0.2 2.4 3 :1 (ave. /min.) 12 :1 (max. /min.) Industrial 0.2 3.0 4 :1 (ave. /min.) 15 :1 (max. /min.) Public, 0.2 2.4 3 :1 semipublic, (ave. /min.) and 112 :1 institutional (max. /min.) B. Nonconforming Lighting: Any existing parking lot lighting that does not conform to these regulations shall be made to conform by means of alteration no later than January 1, 2006. (Ord. 5380, 11 -4 -2003) Article V PLANNED UNIT DEVELOPMENT 14.501: PURPOSE: 14.502: USE OF PLANNED UNIT DEVELOPMENT: 14.503: PROCEDURES FOR PLANNED UNIT DEVELOPMENTS: 14.504: STANDARDS FOR PLANNED UNIT DEVELOPMENTS: 14.501: PURPOSE: The purpose of a planned unit development is to provide a tool to accommodate development which is in the public interest, provides a public benefit, and which would not otherwise be permitted by the zoning ordinance. A planned unit development may be for residential, commercial, office or industrial use. A mixed use development is also permitted, subject to the appropriate regulations of this article. A planned unit development is of a substantially different character than other uses in this chapter and is, therefore, considered a conditional use. The regulations applicable to planned unit developments in this article provide for a greater degree of flexibility than the strict regulation of individual zoning districts. A. Specifically, planned unit developments are intended to provide for: 1. A maximum choice in the types of development available by allowing developments that would not be possible under the strict application of the regulations of other articles of this chapter. 2. Permanent preservation of common open space, recreation areas and public facilities. 3. Creative development designed to preserve topographic and geographic features. 4. An approach to the use of land that results in better development, design and amenities. 5. A use of land resulting in more efficient provision of utilities, streets, and other public facilities. (Ord. 4590, 9 -21 -1993; amd. Ord. 5751, 8 -4 -2009) 14.502: USE OF PLANNED UNIT DEVELOPMENT: A planned unit development is a conditional use which may be granted by the village board after a determination that the planned unit development is in the best interest of the village and complies with the standards of this article. The planning and zoning commission may recommend and the village board may require any reasonable condition or design consideration which will promote proper development. (Ord. 4590, 9 -21 -1993; amd. Ord. 5219, 11 -6 -2001) 14.503: PROCEDURES FOR PLANNED UNIT DEVELOPMENTS:' Review and approval of a planned unit development may be performed in the following stapes: A. Review of a conceptual plan. B. Review and approval of a Preliminary Plan. C. Review and approval of a Final Plan. Specific procedure and submission requirements for planned unit developments shall -beare provided in the zoning application available in the community development department. In addition to the formal submittal requirements set forth in the zoning application, Tthe following shall be required to qualify C° e a planned unit development for consideration by the Village Board. A. Conceptual Plan: PreappnEatiG.R C_- A_;ferc�ce: Prior to filing a formal application for approval of a planned unit development, the applicant shall present to the village staff a general concept of the proposed development and begin a discussion regarding the various characteristics of the development concept. 41. Conceptual Planned Unit Development s -gubmittal requirements '^ the pFeapp Eei� rfe�ep Ce shall ho ;4c Fnikw- a. A written letter of intent from the petitioner describing the 4i-s--concept for developing the site. b. Proof of ownership or other right to develop the property. The Director's determination of sufficiencv of riaht to develop shall be final. c. Current Plat of Survey of the subject property. d. A Topographic suFvey Survey and location map. s Conceptual plans describing proposed land use, 4we4 k4g- type and density of structures street and lot arrangement, building floor area, and tentative lot sizes. 4f. Other material the appl+s director of community development may 44deem appropriate 2. Review of conceptual plan: Village Staff will review and provide comments of the conceptual planned unit development. The applicant may then request a conference with the director of community development and other village staff to discuss the review comments on the conceptual planned unit development. B. Preliminary Plan: 1. Filing of Application: An T"° pF @li „",ar pla44 plication for t#-- preliminary planned unit development shall be filed with the director of community development. 2. Preliminary Plan submittal reauirements: a. Proof of ownership or other right to develop the property. The Director's determination of sufficiency of right to develop shall be final. b. A written letter of intent from the petitioner describing the planned unit development. c. A current Plat of Survey showing the existing conditions of the subject property, including: (1) Boundary lines: Bearings and distances. (2) Easements: Location, width, and purpose (including fire lanes). Streets on, and adjacent to, the tract: Street name, right of way width, existing or proposed center line elevations, pavement type, walks, curbs, putters, culverts, etc. d. Utility Plans showing the location and size of existing sewers, water mains, culverts or other underground facilities within the tract out to a distance of one hundred feet (100') beyond the tract. This shall also indicate such data as grades, invert elevations. and location of catch basins. manholes. and hvdrants. e. A Topographic Survey and location map, including: (1) Existing contours at vertical intervals of not more than one foot (1'); water courses, floodplains, marshes, rock outcrops, trees of twelve inches (12") diameter or more, other significant features, and soil bearing data at locations and depths as may be required by the department of public works and engineering. f. Zoning information for the subject property, and adjacent property. A Master Plan including such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, other facilities to indicate the character of the proposed development. This shall include: (1) Layout, numbers, and typical dimensions of lots for subdivisions and /or (building locations) to the nearest foot; and the proposed land use for each lot, parcel or tract. (2) Proposed building setback lines, indicating dimensions. (3) Areas other than street rights of way intended to be dedicated or reserved for public use and the approximate area in acres of each such area. h. A Site Plan including the exterior and interior roadways and streets, walkways, fire lanes, parking lots, including accessible parking stalls, areas reserved for landscaping and screening, all proposed building and structures, freestanding signs, outdoor lighting, trash storage areas and loading areas. The Plan shall indicate rights of way and pavement widths, street names (not duplicating the name of any street used in the village, unless the street is an extension of an already named street, in which event that name shall be used) and showing proposed through streets extended to boundaries of the development. i. Preliminary Engineering Pans indicating proposed storm water sewer lines, sanitary sewer lines, water mains and storm water detention or retention facilities. This shall include topographic data including proposed contours and areas to be provided for storm water detention. detention calculations. and flood plain compensatory storaae i. Preliminary Architectural Plans indicating the style and building materials of the planned unit development. Shall include building elevations, floor plans, building and wall sections. k. Preliminary Landscape Plan indicating the location and description of planting materials. I. Preliminary Lighting information, including a photometric plan, fixture cut sheets and light pole details. m. A development schedule indicating date and phases in which the project will be built with emphasis on area, density, use, and public facilities such as open space. This shall include the followina: (1) Approximate starting date of construction. (2) The number of construction phases and the starting date of each phase. (3) The completion date of each phase. n. A draft of all proposed bylaws, covenants, easements, maintenance and other agreements, wherever applicable. o. Impact assessments as may be required by the department of community development in order to adequately evaluate the effect of the proposed development on the environment, the existing community facilities, and the existing and proposed land uses surrounding the development. P. An identification and explanation of those aspects of the planned unit development that vary from the requirements of the otherwise applicable zoning district, as well as variations from the development code'. g. Other material the director of community development may deem appropriate. 3. Review of a preliminary planned unit development plan: a. The director shall upon receiving a complete application for a preliminary planned unit development, forward the application, along with required supporting- documentation, to the planning and zoning commission for review and recommendation. L. __ 4—.The planning and zoning commission shall convene a public hearing as provided #e+--in subsection 14.203 of this chapter. c_2—Following the public hearing and review of the preliminary planned unit development and supporting data, the planning and zoning commission shall send its findings and recommendations to the village board which shall, within sixty (60) days, approve, approve with modifications, or disapprove the plan or return it to the planning and zoning commission for further consideration. d_-�--Approval of a preliminary planned unit development plan shall not constitute approval of the final plan, rather it shall be deemed an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plan or plans. e_4 —Upon approval of the preliminary plan by the village board, an ordinance shall be prepared, including the , recommendation and conditions of approval s of the `pillage departments Qnrl nffiG@s Planning and Zoning Commission exsegfiens The ordinance shall be filed in the office of the village clerk and recorded with the recorder of deeds of Cook County 1 d Submittal rpa 'r��Trsfn�he nr�min shall be as' r� n . err ` - 'r'rr f , rlenartment of n611lin WG Fkc and onninoorinn /C1 7nninn nn and adjaGen+ to the tram /71 Planned unit development design features- (A) 6169d) and chewing nrnnnced thrn61nh streets, extended to houpdariec of the rle�ielnnment ctnrm�ni� ter rl ete ntinn ren� sire mentc (9) DrnnnCeGl hllllrllnn cetba Gk linos inrJin Minn rlimencinnc e n the annrnvimate area in anrec of �rl e�nh c��nh �re� (F) PFn,ppG6tQd t mAin cnnitani and ctnrm ceInier layg t rleyelnnment / I1 Cite lighting plan 616e6 ci irrni Inning the deyelnnment w4ri Minns frnm the de ielnnment nnrle C. Final Plan: 1. Filing of Application: An application for a final planned unit development plan shall be filed with the director of community development. The final plan shall be in compliance with the approved preliminary plan and submitted no more than one year after approval of the Preliminary plan. The preliminary and final plans may be submitted simultaneously if all requirements of this article are met. A Petitioner intending to combine the preliminary and final plan hearings must make such request at the time of filing the application. 2. Final Planned Unit Development Plan submittal requirements: The final plan shall be prepared suitable fQF R-ag-G-rd- W th@ G061nty F@GOFGI6-aP Of d-A-6-ad-S. nroy clecl for in ciihs cn #inn 141 ')f14(`_ of this nhan #or approve w mod d the �nnin4v approve or return i t to the plann and nnmmis Sinn fnr f r #hor nnnsirlor� #inn plan -�--APPFeval; WPGn appFeyal Gf the f plan 19y the v 1;eaFd, an erd- shall he prepared, i nGl6lGl i ng f of faGt, recx-)M.Meand-at of the v departments and- off deed-s of Cook gounty. a. Final documentation of all the information required for the Preliminary Planned Unit Development. b. A final planned unit development plan that is suitable for recording with the county recorder of deeds. c_a-An accurate legal description of the entire area under immediate development within the planned unit development. d. b--If subdivided lands are included in the planned unit development, a subdivision plat meeting all the requirements of the development code. e. , - - .An accurate legal description of each separate use area, including common open space. f_4--Designation of the exact location of all buildings to be constructed, and a designation of the specific internal uses each building shall ham g_2- Certificates, seals, and signatures required for the dedication of land and recording of the document. h_�.-Tabulations on each separate use area, including land area, number of buildings, number of dwelling units per acre. i_�Common Open Space Documents: All common open space, at the election of the village, shall be: Via— Conveyed to a municipal or public corporation, or conveyed to a not for profit corporation or entity established for the purpose of benefiting the owners and residents of the planned unit development or adjoining property owners or any one or more of them; or ILb-.-Guaranteed by a restrictive covenant describing the open space and 4& maintenance a4;4- improvement, the covenant shall runes with the land for the benefit of residents of the planned unit development and / or adjoining property owners andler both. Maintenance: The use, maintenance and continued protection of the planned unit development shall be governed by, in order of primacy: (1) The planned unit development ordinance; (2) The Village Code; (3) Declarations and covenants of the property owners; and (4) The application submittals not included in the planned unit development ordinance. The Village may require a surety bond in its favor, in the amount of the estimated cost of the installation and maintenance of such proposed site improvements as pools, fountains, landscaping, and other features. (Ord. 4590, 9 -21 -1993; amd. Ord. 5219, 11 -6 -2001; Ord. 5751, 8 -4 -2009) 3. Review of a final planned unit development plan: a. The director shall, upon receiving a complete application for a final planned unit development, shall forward the application, along with required supporting documentation, to the planning and zoning commission for their review and recommendation to the village board. b. Public Hearing: The planning and zoning commission shall convene a public hearin as provided for in subsection 14.203G of this chapter. c. Village Board Decision: Following the public hearing and review of the final planned unit development and supporting data, the planning and zoning commission shall send its findings and recommendations to the village board which shall, within sixty (60) days, approve, approve with modifications, disapprove the plan, or return it to the Dlannina and zonina commission for further consideration. d. Approval: Upon approval of the final plan by the village board, an ordinance shall be prepared, including the recommendation of the Planning and Zoning Commission, conditions of approval. The ordinance shall be filed with the office of the village clerk, and recorded with the recorder of deeds of Cook County. 14.504: STANDARDS FOR PLANNED UNIT DEVELOPMENTS: Except as provided below, no planned unit development shall be approved unless the development meets the standards for conditional uses, and the standards set forth in this section: A. General Standards: 1. Except as modified by and approved in the final planned unit development plan, the proposed development complies with the regulations of the district or districts in which it is to be located. 2. The principal use in the proposed planned unit development is consistent with the recommendations of the comprehensive plan of the village for the area containing the subject site. 3. The proposed planned unit development is in the public interest and is consistent with the purposes of this zoning ordinance. 4. The streets have been designed to avoid: a. Inconvenient or unsafe access to the planned unit development; b. Traffic congestion in the streets which adjoin the planned unit development; c. An excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the planned unit development. B. Standards For Planned Unit Developments With Use Exceptions: The ordinance approving the final development plan for the planned unit development may provide for uses in the planned development not allowed in the underlying district, provided the following conditions are met: 1. Proposed use exceptions enhance the quality of the planned unit development and are compatible with the primary uses. 2. Proposed use exceptions are not of a nature, nor are located, so as to create a detrimental influence in the surrounding properties. 3. Proposed use exceptions shall not represent more than forty percent (40 %) of the total floor area. However, in a residential planned unit development area no more than ten percent (10 %) of the site area or the total floor area shall be devoted to commercial use. No industrial use shall be permitted within a residential planned unit development. C. Standards For Planned Unit Developments With Other Exceptions: The village board may approve planned unit developments which do not comply with the requirements of the underlying zoning district's regulations governing lot area, lot width, bulk regulations, parking and sign regulations, or which require modification of the subdivision design standards when such approval is necessary to achieve the objectives of the proposed planned unit development, but only when the board finds such exceptions are consistent with the following standards: 1. Any reduction in the requirements of this chapter is in the public interest. 2. The proposed exceptions would not adversely impact the value or use of any other property. 3. Such exceptions are solely for the purpose of promoting better development which will be beneficial to the residents or occupants of the planned unit development as well as those of the surrounding properties. 4. In residential planned unit developments the maximum number of dwelling units allowed per acre shall not exceed eighty (80) units per acre in the B -5 core district or forty eight (48) units per acre for developments incorporating senior housing or assisted living facilities. 5. All buildings are to be located within the planned unit development in such a way as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such buildings and shall conform to the following: a. The front, side or rear yard setbacks on the perimeter of the development shall not be less than that required in the abutting zoning district(s) or the zoning district underlying the subject site, whichever is greater. b. All transitional yards and transitional landscape yards of the underlying zoning district are complied with. c. If required transitional yards and transitional landscape yards are not adequate to protect the privacy and enjoyment of property adjacent to the development, the planning and zoning commission shall recommend either or both of the following requirements: (1) All structures located on the perimeter of the planned unit development must be set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses; (2) All structures located along the entire perimeter of the planned unit development must be permanently screened with sight proof screening in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses. d. The area of open space provided in a planned unit development shall be at least that required in the underlying zoning district. D. Open Space Requirements For Residential Planned Unit Developments: A minimum of forty f#ty percent (4540 %) of the total lot coverage of a residential planned unit development in the R -1, R- 2, R -3, R -4 zoning districts, shall be devoted to open space. Open space shall be limited to the following items: 1. Recreation open space, as follows: a. Swimming pools; b. Tennis courts; c. Recreation buildings; d. Natural water features, wetlands and conservation area; e. Stormwater management areas, such as retention / S d etention ponds which are accessible to occupants via nature trails, boardwalks, and /or walkways. Such stormwater management areas shall be designed as natural water features and landscaped to meet the village's landscape requirements specified in section 14.2304 ef. Playgrounds; #g. Walking or jogging trails; gh. Other recreation spaces requiring permanent structures on the property other than p rincipal buildings. May include but are not limited to, gazebos, pergolas, and patios. 2. Private yards and courts adjoining residential yards. 43. The combined area of retention ponds, natural water features, wetlands, and conservation areas shall not exceed fifty percent (50 %) of the required open space coverage of a residential planned unit development. ,54. Buffer open space: a. Bufferyard areas around the t? perimeter of adjoining properties. b. Interior and perimeter parking lot open space. E. Changes In The Planned Unit Development: A planned unit development shall be developed only according to the approved and recorded final plan and all supporting data. The recorded final plan and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of premises (including the internal use of buildings and structures) and location of structures in the planned unit development as set forth therein. Major Changes: Changes which alter the concept or intent of the planned unit development including increases in the density, change in location and types of nonresidential land uses, increases in the height of buildings, reductions of proposed open space, changes in proportion of housing types, changes in road standards or changes in the final governing agreements, provisions, or covenants, may be approved only by submission of a new preliminary plan and supporting data, and following the preliminary approval steps and subsequent amendment of the final planned unit development plan. Minor Changes: The village manager, after recommendation from the community development director, may approve changes in the planned unit development which do not change the concept or intent of the development, without going through the "preliminary approval" steps. "Minor changes" are defined as any change not defined as a major change. Minor changes may include, but are not limited to, items like revisions in landscape plans, building elevations or utility plans. The village manager may also choose to schedule the minor change for review by the village board. F. Schedule Of Construction: The village board shall consider the planned unit development subject to revocation if construction falls more than one year behind the schedule filed with the final plan, or exceeds five (5) years. The developer shall be notified prior to any revocation action. It shall be considered notification if notice is sent via registered or certified mail to developer's last known address. Extensions in the building schedule may be granted by the village board. (Ord. 4590, 9 -21 -1993; amd. Ord. 5000, 3 -16 -1999; Ord. 5219, 11 -6 -2001; Ord. 5751, 8 -4 -2009) 14.604: LAND USE TABLE 2 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS KEY: P - Permitted; C - Conditional Use If a space is blank, use is not permitted in zoning district (edited 5- 07 -13) Business Type B1 B2 B3 B4 B5 B5C O/R 11 13 Accessory Structures - P P P Accessory Uses (10% retail of permitted uses) P Amusement est. C C Amusement est. indoor only C P C C Animal daycare center and kennels C C I C (' Animal hospital and veterinary clinics C C C Antique shops P P P P Archery ranges, shooting galleries C C Art and school supply stores P P P P Art and woodcraft studios P P I P P Art shops or galleries not auction rooms P P P P Art, sculptor, and composer studios P P P P Automobile accessory stores P P P P Automobile garages P I C C C Automobile leasing /rental agencies P P P Automobile maintenance and service center C P C C C Automobile repair and sepAe -° fueling stations C P C C C Automobile sales, new or used (with over 2 acres) C I P I C C Automobile sales, new or used (with 2 acres or less) C Bakeries P P P P P P Banks and financial institutions C P P P P P Banquet Halls P P Barber and beauty shops P P P P P Beauty shnnc P Bicycle sales, rental and repair P P I P P Billiard and pool halls C C C C Boat showroom, sales and repair C Bowling alleys P P P P Business machine sales P P P P Camera and photo supply stores, film developing P P P P Candy and ice cream stores P P P P P Car wash C P C C C Carpet and rug stores, retail sales P P P P Cartage and express facilities C Catering services C C C Children's recreation centers P P P P China and glassware stores P P P P Clothing and apparel retail stores 4 P P P P P Clothing and costume rental stores P P P P Clubs and lodges C P P P P Coin and philatelic stores P P P P P Colleges and Universities C C C C Commercial greenhouses and nurseries P Compost collection facility C Computer offices and facilities P P P P P P P Computer sales, service and accessories P P P P Concrete fabrication C n v f n f T� ry Cart as EtAI S Evrrrvt Et ShGPS GF G61td , r , Cfnrage \/^JF4 Contractors' architects' and engineers' offices aPA- ch� P I I P P I P P P Contractors' architects' and engineers' storage yards C Contractors showrooms P Convenience stores P P P P P Convention and exhibition halls C C (�nem °fire nrnrli irfinn Cosmetology Schools P P P P C P aiFy nrnrL irfc nrnr°ccinn and Dairy products, retail sales P P P P Dance and music academies /studios P P P P I P P Day care centers C C C C C C C Department stores P P P P Pl r°ccmnL°rcc P - P P Drive - through and drive -in establishment C C C C Driving schools C I P I P P I P Drugstore / Pharmacy P P P P P Dry-cleaning and laundry establishment P P P P P Dry - cleaning plants P Dwelling units on ground floor C C Dwelling units, located above the first floor C P P 4 p- P P CI °nfrnnin A cri°nfifir nr °ricinn incfn m °nf m nn fnrfi r° � Exterminating services P Floor Covering Store P P P P R A4 °r efnr° Florist P P P P P Food store, grocery store, meat market and delicatessen P P P P P Funeral homes C C C Furniture store P P P P Furrier shops P P P + � Gift shop P P P P P Hardware store P P P P P Health services, clubs, recreation centers, or gy mnasiums P P P P Hearing aid stores P P P P Heliports C C Home improvement center (no outdoor storage) P P P P Home improvement center with outdoor storage C C Hospitals C Hotels and Motels C C P P P Household electrical appliances stores P P P P Interior decorating shops P P P P Jewelry stores P P P P Lamp and lighting fixtures stores P P P P Laundries P Laundromat, automatic, self- service only P P P P P Lawn and garden equipment and supply P P P P Leather goods and luggage stores P P P P Libraries P P P P P Light assembly & re air: jewelFy P P L ight assembly & repair• nrericinn ins +n amen +c R P I inh+ m�rhineri nrnrli it +inn• �nnli�nrec hi iciness m�rhinec et I inh+ nrnl•li ir+ a66emhli A. repair• Games L4ght nrnrli ir+ aSSemhli A. repair• Cler +rnnir ff Liquor stores, packaged goods P P P P Locksmith shop P P P P Machinery sales C Mail order houses P Mail order, catalog stores P P P P Manufacturing, Heavy Manufacturing, Light P Martial arts school P P P P Massage them P P P P Medical or dental rli offices P P P P P T= I�h n r� +nriec rJ , e ., n �I + ;; I ^ ; ; � n //+ d • R ^ mil n n n n ^ e ++ — YY . , F�etvC o r - s' Motorcycle, snowmobile, or personal watercraft sales C Municipal buildin s P P P P C P Museums P P P P P Music stores P P P P M ..ainal inc+r..men+ m -A.WFan +. .re Musical instrument sales and repair P P P P p- Office machine sales and servicing P P I P P Office supply stores P P P P Offices, business and professional P P P P P P P P QPtiGiaR Sa retail aRGI Optical, orthopedic and medical appliance sales P P P P Outside display and sales C C Outside service areas C C Paint, s and wallpaper stores P P P P ^ Parking lots, other than accessory parking C P C C P PaWR& S Party supply stores P P P P Pet shops and grooming establishments P P P P Petroleum tank farm & related accessory uses C Photo developing and image transfer P P P P Photogra studios P P P P Picture framing P P P P Planned Unit Developments C C C C C C C C IC Plastics Processing C Post office P P P P Printing and duplicating P P P P Printing and publishing establishments P Driro4o Qorro�4inn�l Q..hc Public utility and service uses C C C C P Public Works and Park District storage yards and related facilities P Q7� Cer\/.Ge and &p it - P P C�TtGY�T.7TGTr- --.eS, Radio and television stations, studios and towers C P C C P Donrrrl orJ rmUcin ;Ad y r� 4 4 4 4 Recycling collection centers C Religious Institutions C Repair, rental and servicing of any article of which is permitted use in the district P P P P Research laboratories and testing facilities P F Restaurants, including entertainment and dancing P I P I P P I C Restaurants P P P P P C C Secondhand stores and rummage shops P P P P Sew, aGAO ;489 seFEce, $ P- $ -P -@RGI apo Chee beef man. -farfi ire P_ P P P P Shoe stores P P P P Sporting goods stores P P P P Sorts training and teaching establishments C C C Stadiums, auditoriums and arenas C C Tailor shops P P P P P Tanning salon P P P P P Taverns and cocktail lounges P I P I P P Tayo rroc and rer Lt;il le' 1nno6 net inrl -limn onto rtninmant �' Taxi dispatch centers C C P P P P Theaters, drive in C Theaters P P P P Ticket agencies amusement- P P P P Ticket inrleer P P P P Tobacco shops P P P P Towing agencies P Toy shops P P P P Trade or vocational schools (excluding cosmetology) P C Trailer and camper sales and rental C Transfer stations for refuse disposal C Travel agencies P P P P Truck sales, rental and repair C Tutoring center P P P P Warehouse, distribution & storage facilities P P Watchman's quarters P P P P P VVeaFiRg appaFel Mani 1farfi i - e !a3 Wholesale establishment P p Wireless service P P P P P P P P WGGGI 14.2211: ACCESSIBLE PARKING REQUIREMENTS: Accessible parking spaces shall be provided in compliance with the Illinois Accessibility Code , as amended from time to time, and all additional governing codes and applicable laws A. Size: Each accessible parking stall fersans -shall measure sixteen feet (16') wide, inrli irlinn ei +her consisting of an eight foot (8') wide parking space and an adjacent #+ve eight foot (5 wide diagonally striped access aisle_, fnr a +n+ai of thirteen foot (41 ') T- (2) PaF kinn °n°G May o °r° a n ap-pecc °i°'°Adiacent accessible parking spaces cannot share access aisles. The standard length of accessible parking stalls shall be the same as all other parking stalls. MIN B. Number: All parking lots required by this chapter shall provide the following number of accessible parking stalls: TABLE 1 Total Minimum uses Number Of `" Total Number Of Accessible minimum Parking Spaces Parking Spaces 96" Wve Provided (60" A �',� -96" Aisles) Aseees �L G^' Required Aisle - 1 _ 25 1 4-� 2650 2 4- 51 75 3 76100 4 4- 101 150 5 4- 151 _ 200 6 4- 201 _ 300 van AsGess�i Ile 4- rm 4- 2- 3- 4- 5- 6-- r C. Access: The required access aisle must have a smooth transition with adjacent walk surfaces, either by joining at a common level or by use of a curb ramp, and be located on the shortest accessible route of travel to an accessible facility entrance. D. Markings: A high quality yellow paint recommended by the paint manufacturer for pavement shall be used. R Si gnaq : Each accessible parking space shall be equipped with a sign which complies with the Illinois Accessibility Code° morir;;nc wi disabilities t Signs shall be vertically mounted on a post or a wall at front center of the parking space, no more than five feet (5) horizontally from the front of the parking space, and set four feet (4') from finished grade of the parking space to the bottom of the sign. (Ord. 5265, 8 -6- 2002) 301 400 8- 7- 401 500 9 2-- IF 7-- 501 _ 1,000 2 percent total parking provided ^' q t ^f @GGe ccc c SpaGeS)- 718 o f „ nli imn 4 acn^ccihl^ r rLinn 1,001 and over 20 plus 1 for each 100 over 1, 000 ^' „ ° � (I q t ^f ., r U. (7 ^6 ,+ Gf ev eFy 8 urr.. G-6-9ccihle r»rLiRg r C. Access: The required access aisle must have a smooth transition with adjacent walk surfaces, either by joining at a common level or by use of a curb ramp, and be located on the shortest accessible route of travel to an accessible facility entrance. D. Markings: A high quality yellow paint recommended by the paint manufacturer for pavement shall be used. R Si gnaq : Each accessible parking space shall be equipped with a sign which complies with the Illinois Accessibility Code° morir;;nc wi disabilities t Signs shall be vertically mounted on a post or a wall at front center of the parking space, no more than five feet (5) horizontally from the front of the parking space, and set four feet (4') from finished grade of the parking space to the bottom of the sign. (Ord. 5265, 8 -6- 2002) 14.2215: DRIVEWAYS: All driveways must conform to the requirements set forth in the site construction specifications contained in chapter 16 of this code. A. Residential: Residential driveways in the R -X, R -A, R -1, R -2 districts shall conform to the following requirements: Number: One driveway may be permitted per lot, with a maximum of one curb cut to the street pavement per driveway. Circular or dual frontage driveways may be permitted only by conditional use and must meet these minimum requirements: a. Minimum Turning Radius: The circular drive portion of the driveway shall have a minimum turning radius of fifteen feet (15'); b. Width: The circular drive portion of the driveway shall have a minimum width of twelve feet (12'); c. Lot Width: Circular or dual frontage driveway shall be allowed on lots seventy five feet (75') or greater. See figure 1 illustrating minimum requirements at the end of this section. 2. Location: Driveways must lead to required off street parking space(s) and may cross the required front yard in a manner essentially perpendicular to the street pavement. Width: Driveway width shall be calculated by including all abutting parallel sidewalks and patios when located within a required front yard. When located elsewhere on a property, 9driveway width shall be calculated by including all abutting parallel sidewalks and patios that are constructed of the same material and color as that of the driveway. Such abutting parallel sidewalks and patios constructed of the same material and color as that of the driveway shall be considered part of the driveway and subject to all applicable regulations regarding the design and use of driveways within this code. If abutting parallel sidewalks and ap tios are constructed of different materials or of the same material but a different color than that of the driveway, they shall not be included in calculating driveway width, but shall be considered sidewalks and ap tios and be subject to all applicable sidewalk and patio regulations within this code. All driveways shall be unobstructed from any encroachment such as chimneys, fireplaces, and bay windows. Driveways may be installed and maintained as follows: Driveway width shall be limited to thirty five percent (35 %) of the lot width, as measured at the required front setback line, for all lots with widths of sixty (60) to seventy five feet (75). The maximum driveway width for lots less than sixty feet (60') in width shall be twenty one feet (21'). Lots which exceed seventy five feet (75') in width shall have a maximum driveway width of twenty six feet (26'). The minimum driveway width for all single - family residences shall be eight feet (8'). b. Driveways serving garages with a width greater than the maximum driveway width permitted within subsection A3a of this section may be the same width as the garage within fifteen feet (15') of the garage's front elevation. The garage width is determined by measuring the width of the garage doors plus, if applicable, the separation between the garage doors, plus two feet (2') on either side. The driveway width must be tapered to no greater than the maximum width at the lot line as set forth hereinabove. c. If a driveway is located within a required front or exterior side yard and serves an attached garage that fronts on a public right of way, no portion of the driveway edge that is on the interior of the lot (as opposed to the edge of the driveway closest to the perimeter lot line) may extend more than three feet (3') beyond the opening for the garage door, d. If a driveway is located within a required front or exterior side yard and serves a detached garage or a parking pad, no portion of the driveway edge that is on the interior of the lot (as opposed to the edge of the driveway closest to the perimeter lot line) may extend more than three feet (3') beyond the edge of the principal structure. - 4e. Parallel paving strips shall be permitted as alternatives to paved driveway surfaces. Driveways for single - family residential properties which front onto a major arterial roadway, as defined by the village's comprehensive plan, shall be permitted to provide a vehicle turnaround pad no larger than twelve feet (12') in depth as measured from the side of the driveway, and ten feet (10') in width. The vehicle turnaround pad shall be located entirely on the property, perpendicular to the driveway, and at least fifteen feet (15') from the garage door. The turnaround pad may be in addition to the overall permitted driveway width. 4. Construction: Driveways and driveway approaches shall be paved with concrete, bituminous concrete or paver bricks in accordance with the construction standards set forth in section 16.306 of this code. B. Industrial: The driveway width for an industrial building shall be adequate to maneuver trucks in and out of the site. Driveways which exceed thirty feet (30') must be approved by the director of community development. C. Other: All other uses shall have driveways of twenty four feet (24') in width (12 feet per lane). When more than two (2) lanes are approved by the community development director on the basis of need, each lane shall be twelve feet (12') wide. A driveway more than two (2) lanes wide must be physically divided to provide for safe vehicular movement. FIGURE 1: MINIMUM REQUIREMENTS f Mini num Width ai 75' • vil wW . aaR 111 ® . .Nyr • -'y.rw :.wig.. _ ' -: x8 ':.�.. ...�:.• a' HE e ra .. STREET. CIRCULAR /DUAL FRONTAGE DRIVEWAY CIRCULAR /DUAL FRONTAGE DRIVEWAY (CORNER LOT) (Ord. 5253, 5 -21 -2002; amd. Ord. 5447, 7 -19 -2004; Ord. 5547, 2 -7 -2006; Ord. 5751, 8 -4 -2009) 14.2224: OFF STREET PARKING REQUIREMENTS: The required number of off street parking spaces shall be calculated as listed below: TABLE OF OFF STREET PARKING REQUIREMENTS V jLse �� Parking Requirements Residential: O Single- family attached and detached 2 spaces per dwelling unit dwellings _ �]E Duplex dwelling F2spaces per dwelling unit Multiple - family dwellings: Ell 1 and 2 bedrooms 2 spaces per dwelling unit F -1 1 3 or more bedrooms 2'/ spaces per dwelling unit Ell Guest parking 1 space for every 10 required parking spaces -101 Senior citizen housing /assisted living facility: E] I Efficiency and 1 bedroom 3 / 4 space per dwelling unit -101 I 2 bedrooms - I F F, space per dwelling unit Hotel /motel 1 space per guestroom plus 1 space per employee on peak shift. (Restaurants and lounges require separate parking calculations.) Convalescent home, nursing home I E Lelms ace p er 4 residents plus 1 space per loyee Commercial, retail, services: Freestanding stores and shopping spaces per 1,000 square feet of gross floor centers (up to 30,000 square feet) ea. (Restaurants as tenants require separate ][ ra rking calculations.) Shopping center (30,000 _ 150,000 4.5 spaces per 1,000 square feet gross floor square feet) area Shopping center (more than 150,000 4 spaces per 1,000 square feet gross floor area square feet) Furniture E FS paces per 1,000 square feet gross floor area r Auto sales 1 space per 1,000 square feet plus those I I spaces required for service bays Sot dnwp R festaurant s -- without a bar 1 space fed °° ^h -2 ° ° ° +° n'„° 1 space n °r empleye e 182 per 1,000 square feet of floor area _ Fast fend- yii+hei it d-riv° _ in Restaurant — - 12 spaces per 1,000 square feet of amass -floor with a bar area plus 1 space for every 3 seats in the bar a rea €eed Restaurant with drive -in 12 spaces per 1,000 square feet of mess floor area plus 8 stacking spaces for the first window IL and 2 stacking spaces for each additional window Fba pace per employee plus 2 spaces per service Auto service, quick serve (20 minutes or less) y A uto service, drop off 1 space per employee plus 5 spaces per service bay Car wash, self -serve 1 space per bay plus 2 stacking spaces per bay Car wash, tunnel Stacking spaces for 20 minutes of waiting plus 1 space per employee. (3 minutes average per car, plus 1 space per employee.) 2 spaces per 3 employees plus 1 space per Dance /music /vocational /trade schools maximum number of students as determined by the director of community development Personal services 4 spaces per 1,000 square feet gross floor area Undertaking establishments 20 spaces per 1,000 square feet of parlor space Office and institutional: Offices: financial, civic, business, and 4 spaces per 1,000 square feet of gross floor professional area Offices: medical /dental 5 spaces per 1,000 square feet of gross floor area Banking facility 3 spaces per 1,000 square feet gross floor area plus 4 stacking spaces for each window Hospital /sanitarium 2 spaces per 1,000 square feet of gross floor area or 1.2 spaces per bed, whichever is greater Religious institution u Espace per 3 worshipers Educational: Daycare center /nursery 1 space per employee plus 1 space for each 10 licensed capacity slots K _ 8th grades D Fpace per employee plus 8 spaces for visitors Senior high school 1 space per employee plus 1 space per 8 students College /university 1 space per 2 employees plus 1 space per 4 F students based on maximum capacity I Public and semipublic uses: 10L Library 2 spaces per 1,000 square feet gross floor area 7 cutural and entertainment: OF e per 3 persons capacity plus 1 space per Amusement establishments Eemployee Arena /stadium 1 space per 4 seats plus 1 space per 2 F employees 7 Bowling alley �[ 5 spaces per lane 7 Club/lodge s spaces per 1,000 square feet of gross floor area Cultural institutions and museums 3.5 spaces per 1,000 square feet of gross floor area Golf course IF F paces per 9 holes plus 1 space per 2 oyees Gym /health club 5 spaces per 1,000 square feet of gross floor area Swimming pool E 13 spaces per 1,000 square feet of pool area Tennis club E 2 spaces per court w I Theater OF space per 4 seats Industrial: Manufacturing, research and 1 space per 1.5 employees plus 1 space per development, utility company vehicle. (Office space calculated separately.) Warehouse 1 space per 1,500 square feet of gross floor area Waste handling and recycling 1 space per 1,500 square feet of gross floor area (Ord. 4590, 9 -21 -1993; amd. Ord. 5034, 7 -20 -1999; Ord. 5751, 8 -4 -2009; Ord. 6029, 9 -18 -2012) 14.2224.1: CENTRAL AREA PARKING REGULATIONS: In the B -5 central commercial district and the B -5C Central Commercial Core District for the purpose of allowing existing conditions to continue, additional off street parking is not required at locations where limited parking or no parking is currently provided. Uses which are similar to those in operation at the time this chapter is adopted are not required to add additional parking. However, in areas where new construction or major rehabilitation (50 percent or more), or a change in use which warrants additional parking, spaces shall be provided as follows: 0 01 Use I�I Perking Requirements Drive -in /drive -up facility 4 stacking spaces for each window plus those required for the principal use I annlia C��rn � +��re �ni-1 nre fie= _ Circ - n - M f 1 Snare nor 1 , 000 SgUaFe foot of f loor area _. F (1 +her +hnn fire+ _ 4 en�ne r.er 1 , 509 coy aFe feet of floor area Library 2 spaces per 1,000 square feet of gross floor area_ r Multi-family dwellings: ni L Efficiency ;n7] 1 space per unit L bedroom 2 bedroom 1 spaces per unit 2 spa I 1 3 bedroom ces per unit Office /retail: 4 spaces per 1,000 square feet in excess of 2,500 square feet of floor area Circ+ f lnnr A Spa Gec P 1 SgUa e fee+ in eVre SS o 1 SgUaFe feet o floor it spaGec ner nnn square feet in evnecc of 2 sq, iare feet of floor ;4re;4 A cnonec nor nnn co lore fee+ in evnecc r,f tinn co ore feet-of f Office - medical /dental 5 spaces per 1,000 square feet in excess of 2,500 square feet of floor area 1 [7 Circ M f1c)AT E P 7 -- paG8c nor ev�mininn rnnm E Other thin first 2 mares n 'nnm E- Restaurant, sit down spaGe�areaGh 4 seats, 1 per employee 4 per 1,000 square feet in excess of 2,500 square feet of floor area C�ect�iirant fact food vii thni it drove _thro qh R enaree ner 1 Square feet of nrnec flnnr �re� Other uses Uses not listed in the above schedule of parking requirements for Ir the B -5 and B -5C zoning districts, parking spaces shall be provided at 50 percent in number as required elsewhere (Ord. 4590, 9 -21 -1993; amd. Ord. 4709, 3 -7 -1995; Ord. 5034, 7 -20 -1999) Article XXIII LANDSCAPE REQUIREMENTS 14.2301: INTENT AND PURPOSE: ' The purpose of these landscape requirements is to promote, protect and preserve the general health and safety of the people of the community and, as part of the general welfare, ensure aesthetic compatibility among land uses within the community. These regulations are intended to minimize the harmful or nuisance effects resulting from noise, dust, debris, motor headlight glare, artificial light intrusions, objectionable sights or activities, or similar incompatible impacts conducted or created by adjoining or nearby land use. It is also the purpose of these regulations to safeguard the environmental quality and aesthetic character of the community by limiting the removal and ensuring replacement of trees upon private property within the village. These regulations are intended to preserve insofar as practical, existing vegetation and topographical features by limiting unnecessary clearing and modification of land, encouraging the retention of existing mature trees, requiring the replacement of indigenous trees with approved species, and encouraging the energy efficient operation of land uses in the public interest. Landscaping required by this chapter shall be a condition to the issuance of a certificate of occupancy for any improvements built on the subject property. (Ord. 4590, 9 -21 -1993) 14.2302: LANDSCAPE PLAN REQUIREMENT: A landscape plan shall be required and approved by the director of community development for the following: A. Any nonresidential development of any parcel of land involving the construction of any new building(s), structure(s) or parking facilities, or B. Any multi - family residential development and /or residential PUD, or C. Any development involving expansion by more than twenty five percent (25 %) of an existing structure, excluding single- family residences, if constructed after the effective date hereof, The plan shall be completed by a landscape architect or a person capable of fulfilling all requirements set forth in this chapter. Requests for relief or revisions to these requirements of this chapter may be submitted to the village manager for his consideration. (Ord. 5751, 8 -4 -2009) 14.2303: CONTENT OF LANDSCAPE PLAN: A. Elements Of The Preliminary Landscape Plan: 1. Show the proposed location of all new plant materials. 2. Indicate the character of suggested plant materials to be used (i.e., shade trees, ornamental trees, shrubbery, etc.). 3. A tree survey shall be prepared which lists the location of existing vegetation (4 inch caliper and above) with sizes, condition, and species (common and botanical names) recorded. Indicate on the plan those plant materials to be preserved, removed or transplanted. 4. Proposals to protect and preserve existing trees during and after construction. 5. Location of existing natural site features, including, but not limited to, large boulders, rock outcroppings and streams. B. Elements Of A Final Landscape Plan: Locations of existing and proposed improvements. 1. Building outlines, with entry and exit points. 2. All utilities. 3. Lighting. 4. Walls. 5. Fences. 6. Parking areas (spaces delineated, including handicapped spaces, curbs). 7. Spot elevations and /or contours existing and proposed. 8. Berms. 9. Existing (4 inch caliper and above with drip line) and proposed plant material. 10. Paved surfaces. 11. Sign locations. 12. Public rights of way /easements, including street widths. 13. Refuse disposal areas. 14. Other exterior landscape amenities, such as bike paths, plazas, etc. 15. Property lines. C. Planting Schedule: 1. Plant material schedule, listing: botanical names; common names; caliper or height; and quantity. 2. Plant material schedule of all trees (4 inch caliper and above) to be removed, listing: botanical names; common names; caliper or height; and quantity. 3. Planting data box which shall include the required and proposed calculations for the following: a. The total area in square feet of the lot to be developed, b. The total square feet and percentage of the area being landscaped, c. The total number of trees required and proposed, d. The total number of shrubs required and proposed e. The area in sauare feet of each Darkina lot area. and- f. The square feet and percentage of the interior parking lot area being landscaped. D. Miscellaneous: 1. Proposed treatment of all ground surfaces (pea gravel, ground covers, sod, seed and /or prairie). 2. Other drawings and information as required: a. Irrigation plan, required for commercial industrial, and multi - family residential - projects. b. Grading and drainage plan, showing spot elevations and /or cross sections. 3. Methods to be used to protect plants and planted areas (curbs, ties, walls, etc.). E. Title Block: 1. Name and address of property owner. 2. Name of landscape architect. 3. Firm name and address. 4. Scale data. 5. North arrow. 6. Date. F. Natural Feature Details: Provide the following: elevations, cross sections, samples and /or photographs to indicate: 1. Texture of exposed surfaces. 2. Landscape material. 3. Scale. 4. Color of exposed surfaces. 5. Planting in relation to buildings. G. Manmade Feature Details: Provide the following: technical information, samples, details and /or photographs of materials to be used: 1. Light standards. 2. Benches. 3. Fences. 4. Walls. 5. Signage. 6. Safety lighting. 7. Other site details. (Ord. 5751, 8 -4 -2009) 14.2304: DESIGN CRITERIA: A. Scale And Nature Of Landscape Material: The scale and nature of landscape material shall be appropriate to the site and structures. B. Selection Of Plant Material: 1. Characteristics: Planting materials used in conformance with the provisions of this article shall be: a. Of good quality of a species normally grown in northeastern Illinois. b. Capable of withstanding the extremes of individual site microclimates. c. Selected for interest in its structure, texture, and color for its ultimate growth. d. Harmonious to the design, and of good appearance. e. In conformance with the most current version of the "American Standard For Nursery Stock " , ANSI Z601. " " 2. Trees: Of the area being landscaped, there shall be at least one tree for every seven hundred (700) square feet of landscaped area. One - fourth ( of the trees shall be evergreens a minimum of six feet (6') in height, one - fourth ( ornamental a minimum of two inch (2 ") caliper or five feet (5) clump form and one -half ( shade trees a minimum of two and one - half inch (2 1 / 2 ") caliper. 3. Shrubs: One shrub shall be planted for every one hundred fifty (150) square feet of landscaped area. Fifty percent (50 %) of the shrubs shall be deciduous and fifty percent (50 %) evergreen. For shrubs that mature at less than five feet (5) in height, minimum installation size shall be two feet (2'). For shrubs that mature taller than five feet (5') in height, minimum installation size shall be three feet (3'). C. Installation Of Plant Materials: Plant materials of all types and species shall be installed in accordance with the minimum technical specifications of the village's "Arboricultural Standards Manual" (see section 9.705 of this code), including the guarantee and replacement sections. Where overhead power lines exist, only trees that have a mature height of 20' or less should be planted underneath. The following materials shall be considered either prohibited or recommended to meet the standards of this section: 1. Prohibited tree list: - R et-�ru -A I Alm /\niar none AGIA PIPIPP A rV. ia c r S-; a' E rhAr te' n ''R""rr - v y i I iv r c�- r @P Dil -Anthi is -AI+issim- Troia of hiaaVian Pe la non rrifiar� \A /hi4ia hir �h Gloiaarrni is aRg istifnlia Ri issi�n A 0. - rn- r r -v 10 e rr�� GiRk@I9 /fiam�lia GR IYT Botanical Name Common Name Acer neaundo Box elder Acer saccharinum Silver maple Ailanthus altissima Tree of heaven Betula papvrifera Paper birch Catalpa Catalpa Elaeaanus anaustifolia Russian olive Fraxinus species Ash species Ginkgo biloba, female Ginkgo (female onlv) Jualans nigra Black walnut Maclura pomifera Osaae oranae Morus rubra Red mulberry Ulmus species Elm (all species) Robinia pseudoacacia Black locust Salix babylonica Weeping willow (except in larae wet areas) Sorbus species Mountain ash Populus species Poplar (all species) 2. Recommended plant list: a. Shade trees (minimum size at installation - 21/2 inch caliper): AG49-K _ SyGamnro Maple �-lic +irhi im r- Tili� of inhlr�r� _ D° T — A +nmon +nca _ Botanical Name Common Name Acer aseudoalatanus Svcamore maple Acer x freemani Freeman maple Acer rubrum Red maple Acer saccharum Sugar maple Aesculus alabra Ohio buckeve Aesculus hirmocastanum Horse chestnut Carainus betulus European hornbeam Carva cordiformis Bitternut hickory Carva ovata Shagbark hickory Celtis occidentalis Common hackberry Corvlus colurna Turkish filbert Faqus arandifolia American beech Faqus svlvatica European beech Ginkgo biloba Ginkgo (male only) Gleditsia triacanthos var. inermis Thornless honevlocust Gvmnocladus dioicus Kentuckv coffeetree Jualans cinerea Butternut Larix decidua European larch Larix laricina American larch Liquidambar stvraciflua Sweet gum Pvrus callervana Callery pear Quercus alba White oak Quercus bicolor Swamp white oak Quercus macrocaraa Bur oak Quercus robur English oak Quercus rubra Red oak Svrinaa amurensis Japanese tree lilac Svrinaa pekinensis Peking lilac Taxodium distichum Bald cvaress Tilia cordata Littleleaf linden Tilia euchlora Redmond linden Tilia tomentosa Silver linden b. Evergreen trees (minimum height at installation - �5-6 feet): Di�oo ohioc Dir•o-A nl@ in@ Dir�oo mm�ril�o Dino@ P innonc p op, e ninr� Dlnl is norViflnro Dcoi ir-I n4ci ino mon�ioncii Botanical Name Picea abies Picea glauca Picea omorika Picea pungens Pinus nigra Pinus parviflora Pinus strobus Pinus sylvestris Pseudotsuga menziesii Tsuga canadensis Nn ySP rruGe— � GP 98FNon n IG - v � -pram n e c� , q tPMq— japaReSe Wh P See ino nni inloc fir Common Name Norway spruce White spruce Serbian spruce Colorado spruce Austrian pine Japanese white pine Eastern white pine Scotch pine Douglas fir Canadian hemlock c. Ornamental trees (minimum size at installation - 2 inch caliper or be a clump form at a minimum height of 5 feet): ncer no m Anor m nir n�l� Ai it maple - rn Aror mi i�hoi _ min -rho maple rvrr A nor +� +�riri im _ Trta i Aecr�i ili is n��iio _ D d hi i-.ko - e— Alni is nL i +innc� E irnnoan blank alder Amolan�hior �Inifnli� C�ck� +nnn cor�iir•ohorr�i Amolanr hior �rhnro� fln nine - eFViG8beFrY Amolanrhior lao iic _ lleg eRy SeFV Amol�nrhiar v nrAnrdifIGFA Apple SE?FV Ro +i il� ninr� Di�iar hirr•h Rofi ila plat yph ylla \A /hi +o hirnh (`�rr�ini is n�rnlini�r�� Amorir•�n hnrr�ho�m G eFG n -An -Ai-I t o A is Cao+arn redhi A ('hirer,- �r, +h� is virnir�ini is 1AMi +a frinno +roo - �vrrrcc- mrrgccrc� G rataoni is GF icnalli V inorm is n \AMchir,n +nn h n +hnrr Cai inor MagRelia PGWeF Cab Omo nn hnrnho�m /�morin�n n�rL4roo - rn� Wild plu - vrrta - �rrr - G GMMen nhekGGhorrY mmG)n hGptFoo - c ja' r• �agvc'cr y Iametroo cc -rI0111-AG Botanical Name Acer ginnala Acer campestre Acer miyabe Acer tataricum Aesculus Pavia Alnus glutinosa Amelanchier alnifolia Amelanchier arborea Amelanchier laevis Amelanchier x grandiflora Betula nigra Betula Platyphylla Whitespire Carpinus caroliniana Cercis canadensis Chionanthus virginicus Cornus kousa Crataegus crusgalli var. inermis Crataegus Phaenopyrum Common Name Amur maple Hedge maple Miyabi maple Tartarian maple Red buckeye European black alder Saskatoon serviceberry Downy serviceberry Allegheny serviceberry Apple serviceberry River birch Whitespire Japanese birch American hornbeam Eastern redbud White fringetree Kousa dogwood Cockspur hawthorn Washington hawthorn Magnolia x soulangiana Saucer magnolia Magnolia stellata Star magnolia Malus species Flowering crabapple Ostrya virginiana American hophornbeam Phellodendron amurense American corktree Prunus americana Wild plum Prunus virginiana Common chokecherry Ptelea trifoliata Common hoptree Sophora japonica Japanese pagoda tree Syringa reticulata Japanese tree lilac d. Deciduous shrubs (minimum height at installation - 3 feet): yye* ela flAr Botanical Name Old f @Ghir R8d Weigel@ Common Name Amorpha fruticosa Indigobush amorpha Cephalanthus occidentalis Common buttonbush Cornus albs Tatarian dogwood Cornus alternifolia Pagoda dogwood Cornus mas Cornelian cherry dogwood Cornus racemosa Gray dogwood Cornus sericea Red -osier dogwood Corylus americans American hazelnut Cotoneaster acutifolius Peking cotoneaster Cotoneaster divaricatus Spreading cotoneaster Cotoneaster Iucidus Hedge cotoneaster Cotoneaster multiflorus Many flowered cotoneaster Euonymous alatus compactus Dwarf burning bush Forsythia x intermedia Forsythia viridissima Hamamelis vernalis Hamamelis virginiana Hydrangea paniculata Ilex verticillata Physocarpus opulifolius Rhus glabra Rhus typhina Sambucus canadensis Syringa species Tamarix ramosissima Viburnum dentaturn Viburnum lantana Viburnum lentago Viburnum opulus Viburnum prunifoliurn Viburnum trilobum Viburnum x burkwoodii Viburnum x rhytidophylloides Weigela florida Border forsythia Greenstem forsythia Vernal witch -hazel Common witch -hazel Panical hydrangea Common winterberry Common ninebark Smooth sumac Staghorn sumac Elderberry Lilac Five stamen tamarix Arrowwood viburnum Wayfaring tree viburnum Nannyberry viburnum European cranberry viburnum Blackhaw viburnum American cranberry viburnum Burkwood viburnum Lantanaphyllum viburnum Old fashioned weigela e. Evergreen shrubs (minimum height at installation - 5 feet): Tci ina GaRA IPASOc Botanical Name Juniperus species Juniperus virginiana Thuia occidentalis _ I (�nmmnn f�l�mo C�c4orn ro^I norJ�r Arhnrii��o - ra --- -- li -n - --- l� Common Name Upright juniper Eastern red -cedar Arborvitae f. Small deciduous shrubs (minimum height at installation - 24 inches): RBI 1hr.Rm� ��er��h� °r c +nlnnif °ro �rnnio m °Innn�orno R °rh °ric +hi inh °rgii R °rh °ric v m °n +nr °ncic ('°nnn +hi is om°rironi is G GtGR8aSter orinr°cci is ('n +nn°oc + °r hnri�nnolic F G) F s y+ iridiccimo - I�m�m °lic �i °rn�lic - I�m�m °lic �iirginion� upeF+ec�c II °v �i °r +i�illo +o MyFiGa n°nnc„I„onino Rhi is ornmo +ir+o Rih °c olnini im R TTG�a SpeGl - - C+°nhononrl co c"ringo m°—ri p hi irc�ne�l� Vyeog °lo flnrirlo Botanical Name _ ( nmmnn Blom° _ Ri inning c°rVir+ ° Red rUhnL ° Rlor-U ruhnk a lonon °c° h or h °rr\/ - - c+ M°n +nr h or b eFF / New eFse / + °o _ ('r°°ning rn +nn°oc+ °r ('ronh°rrY Gn +nn°oc + °r RGGkSpro\/ Gn+nn°oc + °r ('_r°°nc + °m fnrQ\hh \ / °rnol �nii +rhh�� °I ('nmmnn �nii +�hh�� °I ('nmmnn �niin + °rh °rr�i _ BaybeFFY (`rn In�ni ci imog - vrv- rvv� Alpine G irron+ - RcA -Se— G i +I °of c +°nhononrlro nn°„ °r lilor+ nnicc ll im lilor� _ \ /ihi irni im chn the Old faShlnn°rl Weig °lo Common Name Amelanchier stolonifera Running serviceberry Aronia melonocarpa Black chokeberry Aronia arbutifolia Red chokeberry Berberis thunbergii Japanese barberry Berberis x mentorensis Mentor barberry Ceonothus americanus New Jersey tea Clethra alnifolia Summersweet clethra Cotoneaster apiculata Cranberry cotoneaster Cotoneaster adpressus Creeping cotoneaster Cotoneaster horizonalis Rockspray cotoneaster Forsythia viridissima Greenstem forsythia Hydrangea species Hydrangea Hypericum species St. John's wort Ilex verticillata Common winterberry Myrica pennsylvanica Bayberry Ribes alpinurn Alpine currant Rhus aromatica Gro -low sumac Rosa species Rose Stephanandra incisa Syringa meyeri Syringa patula Viburnum carlesii Viburnum sargentii Viburnum trilobum Viburnum x iuddii Weigela florida Cutleaf stephanandra Meyer lilac Miss kim lilac Dwarf Korean viburnum Sargent viburnum American cranberry viburnum Judd viburnum Old fashioned weigela g. Small evergreen shrubs (minimum height at installation - 24 inches): i + +le Ie f Ax,.'tlAAd Ri ivi is comnoriironc _ `bCti'FFi'� li ininon is nhinoncic _ (`hi vrrtnc°�c L ininon ro hnri�nn +�lic _ ( L ininon is nrnGi imhonc _ �P9� Dina is M gG Liar M inn _ � 4 'rm Ac va 1 crrc rArr�pcEl{.�. - - Twi is v mo` -lip _ aT�co Botanical Name Common Name Buxus koreana x sempervirens Boxwood Buxus sempervirens Common boxwood Buxus microphylla Littleleaf boxwood Chamaecyparis species Falsecypress Ilex glabra Inkberry Ilex x meserveae Blue Holly Juniperus chinensis Chinese iuniper Juniperus horizontalis Creeping iuniper Juniperus procumbens Japgarden iuniper Pinus mugo var. mugo Mugo Pine Rhododendron species Rhododendron Taxus media Dense yew h. Ornamental Grasses: Botanical Name Common Name Calamagrostis species Miscanthus species Panicum species Pennisetum setaceum Feather reed grass species Maiden grass species Switch grass species Fountain grass #i. Perennial plants: °eeR+a- SpeG!'c� Di ii- IhonLi� cr�onioc Botanical Name Astilbe species Buddleia davidii Chrysanthemum species Coreopsis species Dicentra species _ DGr,n�RC i6QIr 1 GR 9A8r �i -Ario c - vvrre� vcrcrv-cn�ct+eT Common Name Perennial false spiraea varieties Butterfly bush Garden mum and daisy varieties Tickseed varieties Bleedina heart varieties Echinacea species Hemerocallis species Heuchera species Hosta species Iris species Penstemon digitalis Peonia species Perovskia species Rudbeckia species ". Ground cover plants: Coneflower varieties Daylily varieties Coral bells varieties Plantain lily varieties Iris varieties Beard tongue Peony varieties Russian sage Coneflower varieties 1 ■ � r 1 - - - - - - - - me - - - - - - - ■ FEW 11 Botanical Name Common Name Aiuga reptans A Arctostaphylos uva -ursi Bearberry or kinnikinnick Asarum europaeum European wild ginger Bergenia cordifolia Pigsgueak or heart -leaf Carex morrowii Ice dance Japanese sedge Euonymous fortunei Japanese winter creeper Hedera helix English ivy Helleborus orientalis Lenten -rose Heuchera species Coralbells Iberis sempervirens Candytuft Juniper communis var. repanda Creeping juniper Juniper procumbens Dwarf iapanese garden Liriope spicata Creeping lily -turf Mahonia repens Creeping mahonia Microbiota decussate Siberian cypress Pachysandra procumbens Allegheny pachysandra Pachysandra terminalis Japanese pachysandra Parthenocissus quinguefolia Virginia creeper Parthenocissus tricuspidata Boston ivy Paxistima canbvi Cliff -preen Polygonum reynoutria Fleeceflower Polystichum acrostichoides Christmas fern Sedurn species Thymus serpyllum Vinca minor Waldsteinia ternata Sedum Creeping thyme Common periwinkle Barren strawberry D. Maintenance Of Plant Materials: The owner of the premises shall be responsible for the maintenance, repair and replacement of all landscaping materials and barriers, including refuse disposal areas, walls, fences, etc., as may be required by the village. When any existing landscaping materials are removed from a non single- family residential property, the removed materials must be replaced in similar kind and quantity. A means of irrigating plant material shall be provided. Inc +,Ili +; ,,, „f -;;A - cu t e. ,,,+,,. „ HG I eFg r,,,,, G I cPrinkIiHg SYM8M iC ron'iiroid E. Planting Beds: Planting beds shall be mulched in their entirety with shredded bark or other similar material. F. Walls And Fences: Plant materials shall be placed intermittently against long expanses of building walls, fences and other barriers to create a softening effect. G. Detention /Retention Basins And Ponds: Detention /retention basins and pond areas shall be planted. Such plantings shall include shade and ornamental trees, evergreens, shrubbery, hedges and /or other live planting materials along the perimeter of the basin or pond Use of native plant materials is encouraged. Trees shall not consist of fruit or female ginkgo trees, and shall be planted above the highf water level line. The bottom of the basin /pond shall be planted with sod or hydroseed. Plants must be able to tolerate wet conditions if planted within the basin. H. Energy Conservation: 1. Deciduous trees, shrubs and vines should dominate the south and west sides of buildings and plaza areas to provide shade during the summer and limited shade during winter. 2. Evergreens and other plant materials should be concentrated on the north side of buildings in a manner which dissipates the effect of winter winds. I. Berming: Earthen berms and existing topography shall, wherever practical, be incorporated into the landscape treatment of a site. Such berms must meet the requirements specified in chapter 16, article VII of this code. J. Topography: Where natural, existing topographic patterns contribute to the beauty and utility of a development, they shall be preserved and developed. Modification of topography may be allowed where it contributes to the aesthetic quality of the site. K. Protection Of Plant Material And /Or People: In locations where plant material and /or people will be susceptible to injury, install appropriate curbs, tree guards, or other devices. L. Areas Where Plant Material Will Not Prosper: In areas where general planting will not prosper, other materials (such as fences, walls and pavings of wood, brick, stone, pea gravel, and cobbles) shall be used. Carefully selected plant material shall be combined with such materials where possible. M. Exterior Landscape Lighting: Exterior landscape lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a size and design compatible with the building and adjacent areas. Lighting shall be restrained in design, and excessive brightness and brilliant colors shall be avoided. Utility services shall be underground and light fixtures and levels shall comply with the village's lighting requirements (see section 14.314 of this chapter). N. Amenities: In commercial /industrial areas the following, where appropriate, shall be provided: seating areas; paved areas; plant enclosures; benches; waste receptacles; lights; etc. O. Service Yard Screening: Service yards, loading docks and other places that tend to be unsightly shall be screened. Screening shall be equally effective at all times of the year. P. Innovative Landscaping: Innovative landscaping treatments are encouraged and shall be considered as a positive attribute in connection with any request for a variation from the requirements of this code. (Ord. 5751, 8 -4 -2009) 14.2305: RIGHT OF WAY LANDSCAPING: = Where a parcel abuts a dedicated public right of way, parkway trees shall be provided in accordance with subsection 15.502E and sections 15.808 and 16.902 of this code. A. Graded And Sodded: All unpaved areas within the right of way shall be graded and sodded in accordance with section 16.904 of this code. (Ord. 5253, 5 -21 -2002) 14.2306: PARKING LOT LANDSCAPING: A. Applicability: All parking lots designed for four (4) or more parking spaces shall be planted in accordance with the provisions of this article. B. Interior Plantings: 1. Percentage Of Plantings: Five percent (5 %) or more of the interior of a parking lot shall be devoted to plantings. Planting of areas located along the perimeter of a parking lot as required in subsection C of this section shall not be included toward satisfying this requirement. Moreover, foundation landscaping areas, as specified in section 14.2307 of this article shall not be included toward satisfying the interior parking lot landscaping requirements. 2. Planting Areas: a. A planting island of at least one hundred twenty (120) square feet in area, and at least seven feet (7') in width, as measured back of curb to back of curb shall be provided for every seventeen (17) parking spaces. A planting island shall be required at the end of each row of parking stalls. 3. Planting Materials: a. The primary planting materials used in parking lots shall be shade trees. Ornamental trees, shrubbery, hedges, and other live planting materials may be used to supplement the tree planting, but shall not be the sole contribution to the landscaping. Plants which have proven to be the most tolerant of salt are recommended. These include bayberry, rugosa rose, dwarf Kim lilac and polygonum ground cover. When using evergreens, the planting beds shall be bermed, planting the evergreens on higher ground. b. One shade tree shall be provided for every one hundred twenty (120) square feet of area in a landscape planting island. There shall be at least fifty percent (50 %) live coverage. Live coverage shall consist of a mixture of planting material, including evergreens, shrubs, and perennials. C. Perimeter Landscaping: 1. Front And Corner Side Yards: a. Across From Residential Property: (1) Where a parking lot is located across a street from property zoned for residential use, continuous landscaping shall be provided across one hundred percent (100 %) of the street frontage to a height of three feet (3'). Such landscaping shall consist of berms, shade and ornamental trees, evergreens, shrubbery, hedges, and /or other live planting material. (2) Shade trees shall be provided at the equivalent of seventy five feet (75') apart along the abutting property line.- (23) Except where occupied by planting beds, all landscaping areas located in front and corner side yards shall be sodded. 2. Rear And Interior Side Yards: a. Where a parking lot abuts property zoned for residential use, landscaping shall be provided as follows: (1) The screen /buffer area between the parking lot and the residential property line shall be a minimum of six feet (6') in height. (2) Shade trees shall be provided at the equivalent of not more than fifty feet (50') apart. (3) Other planting material, including ornamental trees, evergreens, shrubbery, hedges, and /or other live planting materials shall be provided at intermittent locations, covering at least seventy five percent (75 %) of the frontage. (4) Except where occupied by planting beds, all side and rear yard perimeter landscaping area shall be sodded or seeded. D. Abutting Nonresidential Property: 1. Where a parking lot abuts property zoned for nonresidential use, landscaping shall be provided across fifty percent (50 %) of that portion of the parking lot abutting the property line to a minimum height of three feet (3'). Such landscaping shall consist of berms, shade and ornamental trees, evergreens, shrubbery, hedges, and /or other live planting materials. Plantings shall Abe placed in clusters, containing a minimum of seven (7) to HiRe (9) shrubs per cluster, spaced at intervals of approximately thirty five feet (35') along the property line. 2. Shade trees shall be provided at the equivalent of seventy five feet (75') apart along the abutting property line. 3. Except where occupied by planting beds, all landscaping areas located in front and corner side yards shall be sodded. aAll interior side and rear yard perimeter landscaping areas shall be sodded or seeded. (Ord. 4590, 9 -21 -1993; amd. Ord. 5034, 7 -20 -1999; Ord. 5751, 8 -4 -2009) 14.2307: FOUNDATION LANDSCAPING: A. Setback: A landscaping area a minimum of ten feet (10') in width shall be located, provided when possible, around the perimeter of all buildings; decorative, year round planter boxes and pots may be an acceptable alternative subject to approval of the community development director. B. Coverage: Required foundation landscaping areas shall remain open and free of all paving except where walks to buildings and other similar paving is required. C. Landscaping Materials: Foundation landscaping shall be provided for all buildings. Such landscaping shall consist of shade and ornamental trees, evergreens, shrubbery, hedges, and /or other live planting materials. Particular attention shall be paid toward screening mechanical equipment, bicycle parking areas, and loading docks; softening large expanses of building walls; and accenting entrances and architectural features. D. Ground Cover: Except where occupied by planting beds, all foundation landscaping areas shall be sodded. (Ord. 4590, 9 -21 -1993; amd. Ord. 5751, 8 -4 -2009) 14.2308: PERIMETER LANDSCAPING: A. Applicability: All nonresidential and multiple - family developments shall provide perimeter landscaping in accordance with the provisions of this article. When a parking lot is located on the perimeter, the requirements of section 14.2306 "Parking Lot Landscaping ", of this article shall be adhered to. B. Nonresidential Property Abutting Nonresidential Property: Excluding properties located within the B -5 or B -5C districts, aAl here nonresidential property abuts property zoned for nonresidential use landscaping shall be provided as follows: 1. Shade trees shall be provided at the equivalent of seventy five feet (75') apart along the abutting property line. Such trees may be clustered or spaced linearly as determined appropriate. 2. Other landscaping materials, including berms, ornamental trees, evergreens, shrubbery, hedges, and /or other live planting materials shall be provided the abutti pFGp@Fty IiRe.in clusters, containing a minimum of seven (7) shrubs per cluster, and spaced at intervals of approximately thirty five feet (35') along the property line. 3. Except where occupied by planting beds, all perimeter landscaping areas shall use salt hardy materials and shall be sodded in front and corner side yards. All interior side and rear yard perimeter landscaping areas shall be sodded or seeded- C. Nonresidential Property Abutting Residential Property: Where nonresidential property abuts property zoned for residential use, landscaping shall be provided as follows: 1. In addition to the required fencing, landscaping shall consist of berms, trees, evergreens, shrubbery, hedges, and /or other live planting materials Plantings shall be placed in clusters containing a minimum of seven (7) shrubs per cluster, spaced at intervals of approximately thirty five feet (35') along the property line. 2. Shade trees shall be provided at the equivalent of not more than seventy five feet (75') apart along the abutting property line. Such trees may be clustered or spaced linearly as determined appropriate. 3. Except where occupied by planting beds, all perimeter landscaping areas shall use salt hardy materials and shall be sodded in front and corner side yards. All interior side and rear yard perimeter landscaping areas shall be sodded or seeded. D. Multiple - Family Residential Property: Where multiple - family residential property abuts other property, landscaping shall be provided as follows: 1. Shade trees shall be provided at the equivalent of not more than seventy five feet (75') apart along the abutting property line. Such trees shall Abe gli- °+ spaced linearl Vie. 2. Other landscaping materials, including berms, if possible, ornamental trees, evergreens, shrubbery, hedges, and /or other live planting materials shall be provided at intermittent locations across fifty percent (50 %) of the abutting property line. Shrubs shall be placed in clusters containing a minimum of seven (7) to- non E- (4shrubs per cluster, spaced at intervals of approximately thirty five feet (35') along the abutting property line. 3. Except where occupied by planting beds, all perimeter landscaping areas shall use salt hardy materials and shall be sodded in front and corner side yards. All interior side and rear yard perimeter landscaping areas shall be sodded or seeded. E. Screening Of Refuse Disposal Areas: All refuse disposal areas shall be screened on all four (4) sides by a solid wood fence or an equivalent screening material to a height of six feet (6') or height of proposed refuse disposal containers, whichever is greater. Appropriate landscape materials shall be provided to screen the enclosure. F. Screening Of Ground Based Utilities: All ground based utility boxes, transformers, generators, or similar structures under six feet (6') in height shall be screened from view utilizing evergreen landscaping which will grow to the height of the ground based utility. Ground based utilities in excess of six feet (6') in height shall be screened via means of an enclosure which matches materials used on the primary building on the lot or other material as approved by the Director and appropriate landscape materials to screen the enclosure. (Ord. 5751, 8 -4 -2009) 14.2309: TREE PRESERVATION: This section provides standards for protection of trees on private property. Chapter 9,, ° w4e `-4 of this code provides standards for protection of trees on public property. A. Tree Removal Procedure: No more than five (5) trees on any property, nor any tree having a caliper of four inches (4 ") or greater on shall be remQwad frn,,, any proposed development site - , shall be removed without a permit prieF te fiRal site plaR appreval A , itheut meeting the requirements of this section. This section does not apply if the tree removal is requested by the Village or if the tree is located on Public property. to tree remnvrol by nn a cinnlo nrnroto nrnnor+" Sesfioi; h ter 9 .744- of this code provides standards for removal of public property trees. 2. The application for a tree removal permit shall be accompanied by: a. A written statement indicating the reason for removal of the tree. b. A general description of the treed to be removed. c. A tree survey of the general area (as determined by the department of community development) surrounding the treed to be removed. The tree survey shall consist of trees four inch (4 ") caliper and above and include a listing of species. d. Arguments for removal under subsections A3s -a-A _of this section shall be accompanied by a report from a certified arborist if requested by the department of community development. 3. The village shall approve an application for a tree removal permit if one or more of the following conditions is present: a. It is necessary to remove a tree which poses a safety hazard to pedestrian or vehicular traffic or threatens to cause disruption of public safety. b. It is necessary to remove a tree which poses a safety hazard to structures. c. It is necessary to remove a tree which is diseased or has been weakened by age, storm, fire or other injury. d. It is necessary to observe good forestry practice, i.e., the number of healthy trees a given parcel of land will support. 4. When a tree removal is occasioned by any development or land use requiring the submission of a site plan, or subdivision plan, the said plan shall, upon approval by the village, constitute a tree removal permit. 5. When removing trees, trees shall be removed in their entirety, including trunks, stumps, and associated debris. Areas where trees were removed shall be restored to its natural condition. Restoration to natural condition includes, but is not limited to, deposit of topsoil and grass seed or sod. B. Protection Of Existing Trees: The following materials are required for all development activity requiring site plan review: 1. A tree survey indicating the location, size, and species of all trees located on the parcel with a caliper of four inches (4 ") or greater. 2. Every reasonable effort shall be made to retain existing trees on the aforementioned tree survey through the integration of those trees surveyed into the site and landscaping plans for a proposed development. 3. A tree preservation plan indicating, at a minimum, the location of those trees to be preserved and the methods which are to be used to preserve such trees. This tree preservation plan shall specify the following: a. The following preservation techniques shall be employed: (1) All grading and construction equipment shall be forbidden from encroaching within the drip line of a tree. (2) Crushed limestone, hydrocarbons and other materials detrimental to trees shall not be dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivably affect the health of the tree. (3) Snow fencing shall be temporarily installed at the periphery of the tree's drip line. (4) No grade changes shall be allowed under drip line of any trees located on the tree survey. b. The methods which are to be used to preserve those trees shall be clearly specified. If, in the opinion of the village, the necessary precautions as specified in the tree preservation plan were not undertaken before or maintained during construction, the land development permit for the parcel shall not be issued or, if previously issued, shall be revoked until such time as these precautions have been complied with. 4. In the event that a tree designated for preservation is destroyed or razed during the construction process, during regular maintenance activities, or has been removed without prior approval of the Community Development Director: (1) S -such trees shall be replaced with new trees in accordance with the following: Caliper Number Of (In Inches) Replacement Trees 30 or greater 6 13 - -29 5 4--12 4 For the above, in the event of a fraction of an inch, if a fraction is less than one -half inch ( "), the lower full number listed above shall be used. If a fraction is one -half inch ( ") or greater, the higher number shall be used. (2) A fee in lieu of installing a replacement tree shall also be acceptable if providing the number of replacement trees is not feasible on a specific property. The applicant shall submit a written statement indicating the reasons for the inability to provide the number of replacement trees. The written statement shall be accompanied by a report from a certified arborist if requested by the department of community development. The director of community development shall review and decide if replacement trees, a fee in lieu, or combination thereof is appropriate. A fee in lieu shall be as set forth in appendix A, divisions II of this code. 5. All replacement trees shall have a minimum caliper of four inches (4 ") 6. Replacement trees shall be of like kind of trees removed and are limited to one of the species listed in the recommended tree list. limited to the following encricc: 7. Removal of trees designated for preservation shall be allowed only by amending the landscape plan. The amended landscape plan shall indicate the location, species, and size of all replacement trees. (Ord. 4590, 9 -21 -1993; amd. Ord. 5253, 5 -21 -2002; Ord. 5751, 8 -4 -2009) The following will be added to Appendix A, Division II: Fees, Rates and Taxes Chapter 14 - Zoning: Section 14.2309: Tree Preservation B.4.2. Fee in lieu of installing a replacement tree: $600 per replacement tree Article XXIV DEFINITIONS 14.24 01: PURPOSE: In the construction of this chapter, the definitions contained in this article shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions and rules of word use shall apply. Words contained in this chapter and not defined hereinafter, shall assume definitions as prescribed in Webster's unabridged dictionary (1979 edition). ABUTTING: Having a common border width, or being separated from such a common border by a right of way, alley or easement. ACCESSORY STRUCTURE: A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of a principal structure. Said structures may include, but are not limited to, garages and sheds, as further defined by this code. ACCESSORY USE: A use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary, incidental and subordinate to the conduct of the principal use. ALLEY: A public or private way permanently reserved as a secondary means of access to abutting properties. AMUSEMENT DEVICE: Any machine, game, table or device which is designed, intended or used as a test of skill and may be operated by the public upon insertion of coin, or token, or the use of which is made available for any viable consideration and is operated by the manipulation of buttons, dials, trigger devices or electrical impulses. ANTENNA: A system of wires, poles, rods, reflecting disk, or similar devices used for the transmission or reception of electromagnetic rays, external to or attached to the exterior of any structure. APPLICANT: Refer to section 15.202 of this code. APRON: Refer to section 16.202 of this code. ARBOR /TRELLIS: A decorative feature, constructed from latticed or patterned materials, that is no more than twenty five percent (25 %) opaque. AUTOMOBILE FUELING STATION: A business establishment which includes the retail dispensing or sale of vehicular fuel and incidental convenience goods, having pumps and storage tanks thereon but no repair services. AUTOMOBILE GARAGE: A business establishment which shall include major repair of motor vehicles, including the rebuilding of engines, or major reconditioning or reconstruction of worn or damaged motor vehicles or parts thereof, body, frame or fender straightening, or reconstruction and painting of vehicles or parts thereof. AUTOMOBILE MAINTENANCE AND SERVICE CENTER: A business establishment which shall include incidental or minor repair of motor vehicles, including the replacement of worn or damaged parts in minor motor or tune up services, but not including the sale of gasoline products or any operation included within the definition of "automobile garage ". AWNING: A rooflike structure made of cloth which projects from a building for the purpose of shielding a doorway or window from the elements. BASEMENT: Refer to section 21.501 of this code. BEAUTY SHOP: A business establishment where cosmetology services are provided. This includes but not limited to hair, nail, and skin care, and other spa services not including massage therapy. BENCH MARK: Refer to section 16.202 of this code. BLOCK: A tract of land bounded by streets, or combination of streets and public parks, cemeteries, railroad rights of way, waterway shorelines, or boundary lines of municipalities. BUILDING: Refer to section 21.501 of this code. BUILDING, EXISTING: Any structure erected prior to the adoption of the appropriate code, or one for which a legal building permit has been issued. BUILDING LINE (Also Referred To As BUILDING SETBACK LINE): The line established by law, beyond which a building shall not be erected or extend, except as specifically provided by law. BUILDING, PRINCIPAL: The primary structure or building located on the lot which houses the permitted use or conditional use within the zoning district. CANOPY, NONRESIDENTIAL: A permanent hood, awning or rooflike construction, which may or may not include support columns, which projects from a building wall for the purpose of providing shelter or protection from the weather. CANOPY RESIDENTIAL A rooflike structure, without walls, screens, or windows, that projects from the building wall, covering a stoop, and does not exceed the dimensions of the stoop. CERTIFICATE OF COMPLETION: Refer to section 15.202 of this code Cyr i�I�C�L�I AEG] &iZK6l1J2_ 1IWA:Z� - - • ��Ziy i�f •T� COMMERCIAL /BUSINESS SCHOOL: An establishment which offers specific courses of classroom instruction, for profit, to the general public, in business, trade, industry or other trained skills; but does not offer academic instruction equivalent to the standards prescribed by the school code of Illinois. COMMERCIAL TRAILER: Any trailer: a) carrying work equipment such as ladders, snowplows, hand or mechanical tools; b) carrying work machinery on or affixed to the outside of the trailer; c) containing a refrigeration unit or other motorized compressor; or d) being used for storage shall be considered commercial trailers. None of the following shall be considered a commercial trailer: a) a recreation trailer that is not included in the above categories; and b) Mount Prospect police or fire trailers. COMMERCIAL VEHICLE: Any vehicle with a class designation other than passenger, or trailer carrying work equipment such as ladders, snowplows, hand or mechanical tools, or machinery on the outside of the vehicle; or containing a refrigeration unit or other motorized compressor, not including air conditioner units used for the comfort of the driver and passengers; or any vehicle or trailer containing a name, logo, or any other signage for any business enterprise visible from the outside of the vehicle; or any vehicle used for public transportation purposes capable of carrying more than seven (7) persons, excluding vehicles used as commuter vans as defined by the Illinois motor vehicle code. Government police and fire vehicles falling within the size criteria set forth in this chapter, pickup trucks with class B designation, passenger vans with class B designation, and recreation vehicles not fitting within the above criteria shall not be considered commercial vehicles. COMMON OPEN SPACE: A parcel or parcels of land intended to provide light and air, and designed and intended for the common use or enjoyment of the residents or occupants of the development. COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis, or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. COMPREHENSIVE PLAN: The plan for the long range growth and development of the village including graphic and written proposals and supporting or implementing documents, as are adopted and amended from time to time. CONDITIONAL USE: A use that, owing to some unique characteristics attendant to its operation or installation, is permitted in a district subject to approval of the village board, and subject to special requirements, different from those usual requirements for the zoning district in which the conditional use may be located. CONTROL OR OWNERSHIP: Any person, agent, firm or corporation having a legal or equitable interest in the property or having the legal authority to act on behalf of all owners, which shall be evidenced by deed, contract or other written guarantee. CUL -DE -SAC: A local street, one end of which is closed and consists of a circular turnaround. DAMAGE: Any direct loss of property by fire, windstorm, flooding or act of God. DAYCARE CENTER: A nonfamily home that regularly provides daycare for less than twenty four (24) hours per day for more than three (3) children. Daycare centers shall meet all applicable village, county and state regulations. DAYCARE HOME: A family home which receives more than three (3) and up to a maximum of twelve (12) 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 daycare homes. The maximum of twelve (12) children includes the family's natural, foster or adopted children and all other persons under the age of twelve (12). Daycare homes shall meet all applicable village, county and state regulations. DENSITY: The number of dwelling units permitted per acre of land excluding land area occupied by public or private streets. DEVELOPMENT: Refer to subsection 15.1038 of this code 1�� /��i7�►GI�►��Yy:I��l�J��i:Z - - N��iyii1•TR DEVELOPMENTAL DISABILITY: A disability attributable to 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. DIRECTOR: The "director of community development" as defined in section 15.202 of this code. DONATION BOX: A outdoor container or receptacle used for collecting donated household items such as clothina. shoes. and books. DRIVE -IN RESTAURANT AND DRIVE -IN FOOD ESTABLISHMENT: A food service establishment with or without interior facilities for eating which caters to and permits the consumption of food either in customers' automobiles parked on the premises, or in any other designated area on the premises, outside the establishment where the food is prepared. DWELLING: A building, or portion thereof designed or used exclusively for residential occupancy. Not included are hotels, motels, rooming, boarding or lodging houses. Multiple - Family: A building, or portion thereof consisting of three (3) or more dwelling units. Single - Family, Attached: A building, structure or portion thereof containing three (3) or more attached single - family dwellings where the units are primarily connected horizontally. Single - Family, Detached: A building containing a single dwelling unit only, which is separated from all other dwellings by open space. Two - Family: A building consisting of two (2) dwelling units which have been attached. DWELLING UNIT: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate bathroom and facilities for cooking and sleeping. EASEMENT: Refer to section 15.202 of this code. FAMILY: 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 COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of no more than eight (8) unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. FAMILY HOME: The location, or portion of the location, where the person to be licensed as the primary caregiver in the daycare home resides and is domiciled. FENCE /WALL A freestanding structure ef twenty feup (24) OR^ "°G ^1r m^ .r° "' h &�a resting on or partially buried in the ground and rising above the ground level, forming a barrier which is not otherwise a part of any building or other structure and is used to delineate a boundary or as a means of confinement or privacy. FENCE, AREA: A fence located immediately adjacent to a permitted patio, deck or similar accessory structure. FENCE, OPEN: A fence, including pates, designed and constructed with at least 50% of its surface area as oxen saace of uniform distribution. when viewed from a riaht anale. FENCE, PERIMETER: A fence located on or within six inches (6 ") of a property line. FENCE, SOLID: A fence, including pates, designed and constructed with greater than 50% of its surface area as opaque material of uniform distribution, when viewed from a right angle. FLOOR AREA: The sum of the gross horizontal area of all floors of a building, including principal and accessory structures and storage areas as measured from the exterior walls. Floor area shall exclude: A. Areas used for storage of building, mechanical and HVAC equipment; B. Interior loading docks, C. Basements in single - family dwellings with a ceiling height less than three (3) feet as measured from the average qrade -i D. Attic spaces in single - family dwellings with a ceiling height less than seven (7) feet; and E. For the purposes of determining off - street parking requirements for restaurant uses, floor area shall not include areas devoted primarily for storage, restrooms, and corridors used solely for accessing these areas. FLOOR AREA RATIO (FAR): Determined by dividing the number of square feet of floor area in all buildings on a lot by the square feet of area of that lot. FREE AND UNLIMITED PHYSICAL ACCESS: The existence of at least one unobstructed passageway from the second housekeeping unit to the entire remainder of the dwelling unit. To conform to this definition, the passageway may have a door, but the door shall not have any locking mechanism of any kind whether the lock is used or not. The passageway shall clearly permit all persons on the premises to have access to the entirety of the premises. A lock on a separate bedroom door within the second housekeeping unit shall be permitted pursuant to this definition. FRONTAGE: The narrowest portion of a lot or parcel which abuts a public street. FULL CUTOFF FIXTURE: A luminaire, or light fixture, that allows no emission of light above horizontal. GARAGE: A structure designed to house motor vehicles and to store items and equipment necessary to maintain and keep up the primary structure and the property that it is located upon. GAZEBO: A freestanding roofed structure that is at least twenty five percent (25 %) open sided and is designed for recreational use. GLARE: Light emitting from a luminaire that causes reduced vision or momentary blindness GRADE: Refer to section 16.202 of this code. GREENHOUSE: A structure constructed primarily of glass or other translucent material which is devoted to the protection or cultivation of flowers or other plants. GROUP COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family like environment by a group of nine (9) to fifteen (15) unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. GUARANTEE: A form of security, including cash escrow, letter of credit, or surety bond, acceptable by the village to assure that required improvements are completed, operating properly and /or adequately maintained. HARDSHIP: A practical difficulty in meeting the requirements of this chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances. HEIGHT, BUILDING: Refer to section 21.501 of this code HEIGHT, FENCE: The vertical distance as measured from mean grade level to the highest point of the fence, excluding the required drainage separation area as further defined in this chapter. HOME OCCUPATION: An accessory use conducted completely within a dwelling unit and clearly incidental and secondary to the use of the dwelling for residential purposes. No home occupation or part of any home occupation shall be conducted in a garage. A home occupation may include a for profit home business or a home office for a resident who may work for another employer, or contract or consult with another company or individual. Any home occupation or home business is subject to the appropriate standards of this chapter. HOTEL /MOTEL /MOTOR INN: An establishment which provides lodging accommodations for transient guests where less than twenty percent (20 %) of the rooms are used or intended for occupancy by permanent guests. A hotel shall provide maid service, linen service, telephone and desk service, and the use and upkeep of furniture. Said establishments shall exclude boarding or lodging houses, and apartment hotels. IMPERVIOUS SURFACE: Refer to section 16.202 of this code. IMPROVEMENT, PRIVATE: Refer to section 15.202 of this code IMPROVEMENT, PUBLIC: Refer to section 15.202 of this code. IMPROVEMENTS: Refer to section 15.202 of this code. KITCHEN UNIT: Refer to section 21.501 of this code. LAND USE CODE: The classification for land use as determined by the "Standard Land Use Coding Manual ", bureau of public roads, department of commerce, 1965, as amended; or the most appropriate code, as determined by the director of community development, if an appropriate code does not exist in the "Standard Land Use Coding Manual ". LIGHT TRESPASS: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. LOT AREA: The horizontal area within the lot lines of a lot, measured in feet. LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection. LOT DEPTH: The average horizontal distance, measured in feet, between the front and rear lot lines. The distance shall be measured from the midpoint of the front lot line to the midpoint of the rear lot line. LOT, FLAG: A lot with access provided to the bulk of the lot by means of a narrow corridor LOT, INTERIOR: A lot other than a corner lot. LOT LINE: A recorded property boundary line of any single lot which divides one lot from another lot or from a right of way. LOT LINE, EXTERIOR: A recorded property boundary line which divides a lot from a road right of way. LOT LINE, FRONT: A recorded property boundary line separating the front yard from a road right of way. LOT LINE, INTERIOR: A recorded property boundary line which divides one lot from another lot. LOT LINE, REAR: A recorded property line boundary that does not intersect a front lot line and is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line. LOT LINE, SIDE: Any recorded property boundary line other than a front or rear lot line. LOT OF RECORD: A designated parcel of land identifiable as a single separate tract which is part of a subdivision, the plat or deed of which has been recorded or registered with the appropriate county office or the deed to which has been recorded or registered with the appropriate county office pursuant to 765 Illinois Compiled Statutes 205, and which is intended to be used, developed or built upon as a unit. LOT, THROUGH: Any interior lot which has a pair of lot lines along two (2) substantially parallel streets. LOT, UNIMPROVED: Any lot or tract of land which is unoccupied by any building or aboveground structure and upon which no construction has commenced. LOT WIDTH: The horizontal distance between side lot lines, measured in feet, at the required front setback line. LOT, ZONING: A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. The single tract of land may or may not coincide with a lot of record. LUMINAIRE: A complete lighting unit consisting of the lamp or lamps and ballast(s) together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Manufacturing. Heaw The assembly, fabrication or processing of goods and materials using processes that ordinarily have greater than minimal impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, visual impact, odors, glare, or health and safety hazards, or that otherwise do not constitute "light manufacturing." Heavy manufacturing generally includes processing and fabrication of large or bulky products made from extracted or raw materials and processes that require extensive floor areas or land area for the fabrication and /or incidental storage of the products. "Heavy Manufacturing" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use. Manufacturing. Light The assembly, fabrication or processing of goods and materials using processes that do not create noise, smoke, fumes, odors, glare or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place, where such processes are housed entirely within a building. Light manufacturing generally includes processing and fabrication of finished products predominantly from previously prepared materials and includes processes that do not require extensive floor areas or land areas. "Light Manufacturing" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use. MASSAGE THERAPY: Refer to section 11.3901 of this code. OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property PARK: An area open to the general public and reserved for recreational, educational, cultural, or scenic purposes. PARK, COMMUNITY: A park by size, program, and location which provides space and recreation activities for a defined service area or a significant geographic segment of the community. Such facilities may provide both outdoor and indoor recreational areas including open space, athletic fields, public pools, community centers, recreational centers, or similar uses and their related off street parking facilities. PARK, NEIGHBORHOOD: A park by size, program, and location which provides space and recreation activities for residents and businesses located within a one mile radius. Such facilities shall be limited to primarily outdoor recreation areas including open space, athletic fields, tot lots, public pools, or similar uses. aG1:7:111CelXi110■:0 = e w-w 0x &1P0WeiiInlwc@Tqr PERGOLA: A freestanding, open- roofed ,, P structure that is open to the elements, consisting of columns supporting girders and cross rafters which vines and other climbing plants may prow. PETITIONER: Any person filing for any variation, conditional use permit, zoning amendment and /or appeal, change in the comprehensive plan and /or subdivision. PLANNED UNIT DEVELOPMENT: A parcel of land, or contiguous parcels of land of a size sufficient to create its own character which is planned and developed as a single entity, containing two (2) or more principal structures or uses, with appurtenant common areas and which is under single ownership or control. The plan does not necessarily correspond in lot size, bulk, type of dwelling, use, lot coverage or required open space to the site's designated zoning district classification. The site may be planned and developed as a whole in a single development operation or in planned development stages. _1IIIII1Ce7_1 11000]1110 W091 T111Ttl1;s"]1500 M;?%MKr9]9__T4ff9T11§ &' 40welilln11910TR - PLAT: Refer to section 15.202 of this code. PLAT, FINAL: Refer to section 15.202 of this code. PLAT OF SURVEY: Refer to section 15.202 of this code. PRINCIPAL BUILDING: A building or buildings in which the primary use on a lot on which the structure(s) is located is conducted. PRINCIPAL USE: The main use of land or structures, as distinguished from a secondary or accessory use. PUBLICLY NAVIGABLE WATERS: Refer to section 22.102 of this code. PUBLIC UTILITY: Refer to section 15.202 of this code. RECREATION CENTER: A building, buildings, or use of land operated on a profit basis, with or without membership requirements, for the provision of entertainment, sport, or health /exercise facilities directly to the consumer; including, and limited to, racquet facilities, swimming pool, exercise and weightlifting facilities, basketball courts, jogging track, sauna, whirlpool, suntan booth and accessory uses. RECREATIONAL EQUIPMENT: Every vehicle or other transportation equipment designed to be used primarily for recreational purposes, including, but not limited to, the following: Boat: Any vessel used for water travel. A trailer upon which a boat is mounted shall be deemed to be a boat for purposes of this chapter and when such a boat is maintained on a trailer the two (2) shall be considered as one vehicle. Camping Trailer: A trailer constructed with partial side walls which fold for towing and unfold to provide temporary living quarters for recreational camping or travel use and of a size or weight not requiring an oversize permit when towed on a highway. Motor Home, Mini -Motor Home Or Van Camper: A self- contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk- through access to the living quarters from the driver's seat. Such vehicles must include at least four (4) of the following: A cooking facility with an onboard fuel source; A gas or electric refrigerator; A toilet with exterior evacuation; A heating or air conditioning system with an onboard power or fuel source separate from the vehicle engine; or A potable water supply system that includes at least a sink, faucet, and a water tank with an exterior service supply connection. Off The Road Vehicle: A vehicle intended principally for recreational off road use, such as a dune buggy, go -cart, ATV or snowmobile. Racing Car Or Cycle: A vehicle intended to be used in racing competition, such as a racecar, stock car or racing cycle. Travel Trailer: A trailer designed to provide living quarters for recreational, camping or travel use, and of a size or weight not requiring an oversize permit when towed on a highway. Truck Camper: A truck, not used commercially, when equipped with a portable unit designed to be loaded onto the bed which is constructed to provide temporary living quarters for recreational, travel or camping use. Vehicle Trailer: A vehicle without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. Other Recreational Equipment: Other wheeled items which are designed for recreational use but do not meet the exact definitions of items defined herein. RECREATIONAL VEHICLE TRAILER: A vehicle with or without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle, or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. 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 nonmedical nature, to not more than twenty five (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. RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research investigation, testing or experimentation, development or research of products or of new and emerging technology, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory or as otherwise permitted in this chapter. RESIDENTIAL CARE HOME: 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. RESTAURANT, CLASS I (Conventional, Sit Down): A retail establishment where food and drink are prepared and served to be consumed at a table or counter on the premises and served primarily in or upon nondisposable containers. Any serving of alcoholic beverages shall be incidental to the serving of food. RESTAURANT, CLASS II (Pub): A retail establishment where both food and liquor are prepared and served to be consumed on premises and served primarily in or upon nondisposable containers. RESTAURANT, CLASS III (Takeout): A retail establishment where food is prepared and served primarily in disposable containers for consumption off premises. RESTAURANT, CLASS IV (Fast Food): A retail establishment where food and drink is prepared and served primarily in or upon disposable containers for consumption either on or off premises. RESUBDIVISION: The division or consolidation of a previously divided lot or parcel; including alteration of public rights of way, easements and other changes of the subdivision. RETAIL ESTABLISHMENT: Any building or use where the primary occupation is the sale of merchandise and services directly to and for use by consumers, except not institutional, commercial and industrial consumers or for resale. RETAINING WALL: A freestanding structure designed and constructed to support a mass of earth or resist lateral earth Dressures. RETENTION (Wet Bottom): Refer to section 15.202 of this code RIGHT OF WAY: Refer to section 15.202 of this code. SENIOR HOUSING: Housing in which all dwelling units are intended, designed, maintained, and operated exclusively for occupancy by persons sixty two (62) years of age or older. SHED: Small accessory building, whether or not placed on a permanent foundation, that is designed to store household items and equipment necessary to maintain and keep up the primary structure and the property that it is located upon. SHOPPING CENTER: A business development containing four (4) or more indoor retail stores, connected by party walls, developed under one ownership, with an integrated building arrangement having an aggregate floor area of more than twenty thousand (20,000) square feet, which developed with its off street accessory parking facilities shall be considered as a single unit. Shopping centers shall include all retail sales and service facilities except drive -in and /or automotive sales and service. SHOPPING CENTER, REGIONAL: A business development containing ten (10) or more indoor retail stores connected by party walls and developed under one ownership, with an integrated building arrangement, having an aggregate floor area of more than one hundred thousand (100,000) square feet and located on a lot at least twenty (20) acres in size with off street accessory parking facilities. The development shall be considered as a single unit. SIGHT TRIANGLE: RefeF t„ seGtien 9 „f +h;�; ,.Adp - A triangular area established at the intersection of two (2) streets or a street and a driveway in which nothing is erected, planted, placed or allowed to grow so as to limit or obstruct the sight distance of motorists. Such a triangle shall have legs of ten feet (10') along the rights of way when two (2) streets intersect or when a right of way and a driveway intersect. SITE PLAN: Refer to section 15.202 of this code. SOLAR ENERGY CONVERSION SYSTEM: A solar photovoltaic device that converts solar energy into electricity or mechanical energy that can be used to power machinery, appliances, or generators. STOOP: A platform at the entrance to a building with a maximum dimension of eight feet (8') in width and five feet (5') in depth. STREET: Refer to section 15.202 of this code. STRUCTURAL ALTERATIONS: Any change in the supporting members of a structure, including bearing walls, columns, beams and /or girders. STRUCTURE: Refer to section 15.202 of this code. SUBDIVISION: Refer to subsection 15.103 of this code. TAVERN: For purposes of the zoning ordinance only, a tavern is a building or portion of a building where alcoholic beverages are sold to be consumed on the premises. Such facilities would not include restaurants where the principal business is serving food. TERRACE: A landscape treatment of mounded earth, rock wall, railroad tie wall, or other retaining device used to modify steep grade differences on a lot. A terrace shall not include a patio or deck surface. THEATER: Any building or structure designed for the enactment of dramatic or of musical performances and /or showing of motion pictures with audience seating and open to the general public without age restrictions. A dinner theater shall be deemed a restaurant. TRUCK TERMINAL: Either end of a carrier line or junction joint with other lines having classifying yards or dock facilities, management offices, storage sheds and freight and passenger stations for state licensed trucks. UNENCLOSED PORCH: A roofed, open structure, without walls, screens, or windows, attached to and part of a structure, with direct access to and from the structure. UNIFORMITY RATIO: The average or maximum level of illumination in relation to the lowest level of illumination for a given area. UNPERMITTED SECOND HOUSEKEEPING UNIT: Any living quarters, located in a single - family residential zoning district that: A. Is within the walls of another dwelling unit or physically connected to a detached single - family home; and B. Contains its own kitchen unit that is in addition to the main kitchen unit in the residence; and C. Does not have free and unlimited physical access to the remainder of the dwelling unit. USE: Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied. Also, any activity, occupation, business or operation carried on, or intended to be carried on, in or on a structure or on a tract of land. VARIATION: A dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property which, because of unusual or unique circumstances, is denied by this code. VEHICLE TRAILER: A wheeled vehicle, including a recreational vehicle trailer, without its own motor power, that is designed to transport any material, object or objects and that is designed so that it is eligible to be licensed or registered for highway use. VILLAGE: The village of Mount Prospect. VILLAGE MANAGER: Refer to section 15.202 of this code WAREHOUSE, STORAGE: A business that receives and stores goods of others for compensation or profit. WHOLESALE ESTABLISHMENT: Any building, business or use where the primary occupation is the sale of merchandise in gross for resale to the retail dealers and /or use or resale of merchandise by institutional, commercial, and /or industrial businesses. WIND ENERGY CONVERSION SYSTEM: An apparatus for converting the energy available in the wind to electricity or mechanical energy that can be used to power machinery, appliances, or generators. YARD: The required minimum open space on a lot between a lot line and building setback line which is unoccupied and unobstructed from grade upward, except as provided in the general provisions of this chapter. Exterior Side: A side yard abutting a street. Front: A yard extending along the full width of the front lot line between the side lot lines and the front building setback line. Interior Side: A side yard adjacent to another lot or tract of land. Rear: A yard extending along the full width of the rear lot line between the side lot lines and the rear building setback line. Side: A yard extending along the side lot line from the front yard to the rear yard and measured between the side lot and building setback line of the property. ZONE: A mapped area of the village of Mount Prospect, exclusive of streets, alleys and other public ways, within which certain uses of land, premises and buildings are permitted when constructed and used in accordance with this code. (Ord. 5253, 5 -21 -2002; amd. Ord. 5290, 11 -19 -2002; Ord. 5304, 2 -4 -2003; Ord. 5380, 11 -4 -2003; Ord. 5426, 4 -20 -2004; Ord. 5751, 8 -4 -2009) 15.305: SUBDIVISION STANDARDS: The design and layout of lots within any subdivision shall conform to the requirements stated in this article. A. Blocks: The length, width, and shape of blocks shall be determined by the proposed uses, the zoning requirements of the village, topography, and convenient access, circulation, control and safety of vehicular and pedestrian traffic. 1. The maximum length of a block in a residential subdivision shall not exceed one thousand five hundred feet (1,500'). 2. The width of any block shall be sufficient for two (2) tiers of lots unless such block abuts an arterial, watercourse, railroad right of way, shopping center, or major public facility. 3. Pedestrian crosswalks may be required, in a minimum ten foot (10') easement, through the center of blocks which exceed eight hundred feet (800') in length where necessary to provide access to arterials, shopping centers, or public facilities. B. Lots: The size, width, depth, and shape of lots shall be appropriate for the location and type of development and use proposed and shall conform to the regulations set forth in the zoning ordinance and this chapter. 1. Through lots shall be avoided except where essential to provide separation of residential development from major arterial streets. Access to the arterial from single - family residential lots shall be prohibited by deed restriction and a no access easement. A planting screen with a minimum height of six feet (6') shall be provided along all lot lines abutting the major arterial. 2. Whenever possible, on all corner lots abutting an arterial street, access shall be prohibited to the arterial street. 3. Lots abutting a watercourse, drainageway, channel or stream shall have a minimum width or depth required to provide an adequate building site. 4. All lots shall have frontage on a public street. 5. The minimum depth of any residential lot hereafter created shall be one hundred twenty feet (120') and two hundred feet (200') for commercial and industrial lots. Any residential lot which backs to an arterial, railroad right of way, or shopping center shall have an additional twenty feet (20') in depth to accommodate the required no access screen planting at the rear of the lot. 6. The depth to width ratio shall not exceed two and one -half to one (2 for all lots. 7. Side lot lines shall be substantially perpendicular to the right of way; however, lots on a cul -de- sac shall have side lot lines radial to the center of the cul -de -sac. C. Building Lines: Required building line setbacks shall be indicated on all plats of subdivision in accordance with the zoning ordinance. D. Easements: 1. There shall be a dedicated easement with a minimum width of twenty feet (20') at the rear of all lots, or ten feet (10') centered on adjacent rear lot lines, and where necessary along side lot lines to provide continuity for public utilities and /or drainage. In addition, due provision shall be made for extension of easements to adjacent property. If it is determined by the director of public works that no public utilities are present along the property lines, and it is unlikely that any utilities would be installed, then these easement requirements may be relaxed or waived. 2. All utility easements shall be approved by the public utility companies, cable television franchises, and the municipality and shall be so indicated on any final plat. 3. Easements for pedestrian access shall be a minimum of ten feet (10') in width. 4. Where a subdivision is traversed by a watercourse, drainageway, channel or stream a storm water or drainage easement shall be provided, conforming to the lines of such watercourse and such additional width as necessary for access and maintenance as required by the director of public works. 5. No building, structure, or other obstruction shall be constructed upon any easement 5253, 5 2i 2 with the exception of accessory structures as discussed in Section 14.306 and Section 7.305. A building permit application for accessory structures upon a public utility easement may require, at the discretion of the director of community development, indemnification /hold harmless agreement be signed and written authorization provided by applicable utility companies submitted by the property owner. 7.301: PROHIBITED SIGNS: ' J This chapter shall be considered to be a positive document, wherein signs not specifically permitted shall be prohibited. However, the following signs are specifically prohibited in the village: A. Traffic Hazard: Any sign which is determined by the director and the chief of police of the village to constitute a traffic hazard by reason of size, location, content, color or type of illumination. B. Public Right Of Way: Any sign which is located in or which extends over the public right of way except as otherwise permitted under these regulations or authorized by the village board. C. Motion: Any sign which moves or assumes a nonstationary position by mechanical means except as otherwise permitted under these regulations or authorized by the village board, or under normal wind currents except flags, banners and barbers' poles as regulated herein. D. Portable: Portable signs as defined herein- except sidewalk signs as otherwise permitted under these regulations or authorized by the village board. E. Painted Surfaces: Any sign painted directly on exterior building surfaces. F. Light Poles: Signs on light poles. G. Roof Signs: Signs which are attached or affixed to a roof and project above the ridgeline or parapet of a building are prohibited. H. Pennants And Streamers: Pennants, streamers, tethered balloons, or stringed fringe are prohibited. I. Inflatable Signs: Signs or other devices, which are inflated by cold air, hot air, or other inflatable gas, are prohibited. Signs On Parked Vehicles: Signs placed on or affixed to vehicles and /or trailers which are parked on a public right of way, public property, or private property so as to be visible from a public right of way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. (Ord. 4519, 1 -19 -1993; amd. Ord. 5750, 7 -21 -2009) 7.325: SPECIAL SIGNS: 0 A. Directory Signs: Directory signs which identify only the names and locations of occupants or uses within a building or on a lot shall be permitted in addition to other signs permitted under these regulations. 1. No more than one directory sign per lot. 2. No directory sign shall exceed twenty (20) square feet in area or eight feet (8') in height from finished grade. 3. No directory sign shall be located closer than fifty feet (50') to any property line. B. Logographs: In addition to other signs permitted under these regulations, wall mounted Iogographs shall be permitted provided: 1. No more than one logograph may be permitted per street frontage per establishment, except that a logograph may be permitted on a wall not facing a street, provided the wall is visible from the street. The logograph may not encroach upon adjacent property or abut a residence district except as provided in subsection 7.305 of this article. 2. Such logograph shall not exceed twenty five (25) square feet in area. 3. The area of any logograph, when located on the same building elevation as a wall sign, will be included in the maximum sign area. C. Menu Board: One menu board for a drive -in or drive - through restaurant shall be permitted in addition to other signs permitted under these regulations, provided such sign does not exceed thirty two (32) square feet in area or eight feet (8') in height from finished grade, and light from the menu board is contained to the drive - through lane only. D. Changeable Copy Signs: Manual changeable copy signs shall be permitted when incorporated into a permitted wall or freestanding sign subject to all applicable standards. 1. Lettering used on manual changeable copy signs directed to local or collector streets shall be at least three inches (3") in height. 2. Lettering used on manual changeable copy signs directed to secondary or major arterial streets shall be at least six inches (6 ") in height. 3. Lettering used on manual changeable copy signs directed to pedestrians shall be one inch (1 ") in height. 4. No more than six (6) permanent items of information will be allowed on a sign which incorporates changeable copy. Two (2) lines of changeable copy are permitted which shall be limited to less than fifty percent (50 %) of the total area of the sign face. E. Temporary Signs: 1. Temporary Lease /Sale Business, Public Or Institutional Signs: Temporary wall or freestanding signs which contain information regarding the sale or lease of real property, identification of a prospective business, public or institutional organization, or identification of a construction project shall be permitted for a period not to exceed one year. a. No more than one temporary sign shall be displayed per street frontage per lot. b. Temporary signs located within one hundred feet (100') of a residential property (lot) line shall not exceed thirty two (32) square feet in area or eight feet (8') in height from finished grade. c. Temporary signs located more than one hundred feet (100') from any residential property (lot) line shall not exceed fifty (50) square feet in area or ten feet (10') in height from finished grade. d. Temporary signs shall comply with all location requirements for wall or freestanding signs with the exception that temporary freestanding signs will be allowed closer than one hundred feet (100') to a permanent freestanding sign. e. Temporary sale or lease signs may contain a maximum of fourteen (14) items of information displayed on the sign allowing flexibility for developers', architects' and /or brokers' names. f. Temporary signs for sale, lease, rent, contractors, developers, architects, etc., not exceeding ten (10) square feet are exempt (section 7.205 of this chapter). 2. Balloon Or Searchlight Signs: a. Temporary Special Event Or Grand Opening: Balloon or searchlight devices shall be permitted in conjunction with a temporary special event or grand opening for a total of four (4) events per year. b. Ground /Roof Secured Balloons: Ground /roof secured balloons shall be permitted provided they do not exceed forty feet (40') maximum height and twenty feet (20') maximum diameter, and are limited to spheroid shapes only. Such temporary balloon display shall be limited to a maximum period of four (4) consecutive days. c. Ground/Vehicular Mounted Searchlights: Ground /vehicular mounted searchlights may be displayed on private property for a maximum period of four (4) consecutive days. d. Hours Of Operation: Illumination of balloons and searchlight devices shall be turned off between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. 3. Sidewalk signs shall comply with the regulations in Section 7.325(H) F. Directional Signs: 1. Signs which direct or regulate the movement of pedestrians or vehicles into or within a site provided: a. No more than one such sign is displayed per driveway entrance; and such signs are displayed within the interior of the lot as approved by the director. b. The sign does not exceed ten (10) square feet in area or six feet (6') in height from finished grade for freestanding signs or fifteen feet (15') in height from finished grade for wall signs. c. No more than ten percent (10 %) of the area of the sign is used to identify any business, product or service. G. Multifaced Signs: There shall be a maximum of three (3) sides to a multifaced sign. The sign area of said signs shall be no greater than the maximum allowed for a double faced freestanding sign. H. Sidewalk Signs: The rlirortnr Gf rnmmUnity deyelepHlept is auther to icciio Permits tnr Oho 61se Sidewalk signs on public property or private property are subject to the following conditions: 1. Purpose: Signs placed on sidewalks for the purpose of advertising businesses on property adjoining the building. 42. Number Of Signs: Only one sidewalk sign shall be permitted per business establishment, except that public service signs (i.e., signs indicating the curb location of valet parking) may be permitted in addition to the one sign per business establishment. 43. Use Of Signs: Sidewalk signs may only be displayed during business hours and must be removed at the close of each business day. Sidewalk signs may not be displayed during times of high winds, snow, or when sidewalks are congested and the placement of a sign may impede pedestrian movement. ,�4. Location: a. The sidewalk sign shall not unreasonably interfere with pedestrian or vehicular traffic or with access to parked vehicles, shall not reduce the open portion of any sidewalk to less than five feet (5) in width. and shall comaly with all IAC accessible route restrictions. b. The sidewalk sign shall be placed no more than one foot (1') from the wall of the building, unless the director of community development approves in writing another location due to other obstructions in the right of way. c. The sidewalk sign shall not be attached or affixed to the sidewalk, parkway poles, trees or any other public facilities. Such signs shall adhere to all sight triangle regulations as set forth in section 7.801 of this chapter. d. A plat of survey or a site plan shall be submitted with permit applications, indicating the location of the proposed sign. e. Sidewalk signs on public right of way. Sidewalk signs located on public right of way shall be permitted only in the B -5 (CEentral eCommercial) armor B -5C ( Ceommercial Core zoning districts. hill nn+ -1RF@asGRaI;I i nr Odewalk to thap five feet (5') +nn+ (4') +rnrn +ho WAIL n+ +ho h 1ilrlinn '-nless the diror +nr of r•nm 61R d@V@ln mr�mon+ iting another log-atio.p to other olastwgtmopr� the Fight of wa�- approves in wr f. Sidewalk signs on private property. Sidewalk signs located on private property shall be permitted only in the B -3 (Community Shopping), B -4 (Commercial Corridor), B -5 (Central Commercial). or B -5C (Central Commercial Core) zonina districts. 6 Size: A sidewalk sign shall not exceed four feet (4') in height and the sign area shall not exceed six (6) square feet per sign face with a maximum of two (2) faces per sign. 7-6. Illumination And Attention Getting Devices: Sidewalk signs shall not be illuminated. No attention getting devices, such as balloons, may be attached to a sidewalk sign. 97. Aesthetics And Maintenance: Sidewalk signs shall be of high quality and professionally constructed of durable materials. Sidewalk signs shall be properly maintained as provided in section 7.505 of this chapter. 4-98. Private Property: Sidewalk signs are placed at the risk of the s!n owner. (Ord. 4519, 1 -19 -1993; amd. Ord. 5507, 9 -6 -2005; Ord. 5650, 9 -4 -2007; Ord. 5750, 7- 21 -2009) 7.8 01: DEFINITIONS: APPEARANCE: The outward aspect visible to the public. APPROPRIATE: Sympathetic, or fitting, to the context of the site and the whole community. ARCHITECTURAL CONCEPT: The basic aesthetic idea of a building, or group of buildings or structures, including the site and landscape development, which produces the architectural character. ARCHITECTURAL STYLE: The characteristic form and detail, as of buildings of a particular historic period. ATTRACTIVE: Having qualities that arouse interest and pleasure in the observer. AWNING: A rooflike structure made of cloth which projects from a building for the purpose of shielding a doorway or window. BANNER: A temporary sign applied to or constructed of paper, plastic or fabric of any kind with or without frame, used to identify or attract attention to a location, object, institution, product, service or business. Flags of nations, states, political subdivisions, businesses or institutions shall not be considered banners for purposes of this chapter. CANOPY (MARQUEE): A permanent hood, awning or rooflike construction which projects from a building wall for the purpose of providing shelter or protection from the weather. CANOPY (MARQUEE) SIGN: Any sign that is fastened, affixed, or attached to and erected parallel to a canopy or marquee in such a manner that the canopy (marquee) becomes the supporting structure or forms the background surface of the sign, and which does not project more than eighteen inches (18 ") from the canopy (marquee). CHANGEABLE COPY SIGN: Any sign that is designed or used so that characters, letters or symbols can be manually changed or rearranged without altering the surface of the sign. CODE: The village code of Mount Prospect, Illinois. COMPATIBILITY: Harmony in the appearance of a majority of external design features, including form, colors, materials, textures, scale, and landscaping in the same vicinity. DEVELOPMENT IDENTIFICATION SIGN: A sign which identifies the name of a development consisting of at least five (5) business establishments or a single - family subdivision when the development comprises a minimum of thirty (30) acres. DIRECTOR: The director of community development of the village of Mount Prospect, and /or his duly authorized agent(s). DIRECTORY SIGN: A sign which identifies only the names and locations of occupants or uses within a building or on a lot. ELECTRONIC MESSAGE CENTER: Any sign which uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and may be modified by electronic processes. ESTABLISHMENT: A. Any institution, business or industrial activity that is the sole occupant of one or more buildings having frontage on at least one public street, or B. Any institution, business or industrial activity that occupies a portion of a building such that the activity is a separate and distinct business from the other activities within the building. FLAG: A construction of fabric, plastic or paper depicting through symbols, characters, design or letters, a nation, political subdivision, institution or business when hung, without frame, from a staff or pole. FREESTANDING SIGN: Any sign placed upon or supported by structural members placed in the ground independently of any other structure on the lot. GRADE: The elevation above mean sea level used for establishing the following: A. Base Or Established Grade: The average elevation of the established curb extending the width of the front of a lot or, where no curb is established, the average elevation of the crown of the street adjacent to the front of a lot. B. Finished Grade: The elevations or contours resulting from excavation or filling as approved by the village. GROUND SIGN: A low profile freestanding sign (monument sign) erected on a freestanding frame, mast or pole not more than five feet (5') in height. HARMONY: A quality which represents an appropriate and congruent arrangement of parts, as in an arrangement of varied architectural and landscape elements. ILLUMINATED SIGN: Any sign lighted by or exposed to artificial lighting whether by lights on or within the sign or directed toward the sign. ITEM OF INFORMATION: A word, an abbreviation, a single number, a series of numbers, a symbol or a geometric shape greater than two inches (2 ") in height contained in a sign. A sign which combines several different geometric shapes or shapes of unusual configuration, is assessed one item of information for each noncontiguous plane. Punctuation marks and hyphenations are exempt. LANDSCAPING: Plant materials, topography, and other natural physical elements combined in relation to one another and to manmade structures. LOGOGRAPH: A sign which consists of symbols, words, pictures, letters or other graphic elements arranged in a generally recognizable fashion used to represent a particular trade, corporation, profession or business; including, but not limited to, corporate emblems, trademarks, logos and barbers' poles. Any words or letters included in a logograph shall be incidental to the graphic elements. LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection or junction LOT, INTERIOR: A lot other than a corner lot. LOT LINE: A recorded property boundary line of any single lot which divides one lot from another lot or from a right of way. LOT LINE, EXTERIOR: A lot line which divides a lot from a right of way. LOT LINE, FRONT: In the case of an interior lot abutting upon only one street, the line separating such lot from such street; in the case of a double frontage lot, each line separating such lot from a street shall be considered a front lot line; in the case of a corner lot, the shorter lot line separating such lot from a street shall be considered to be the front lot line. LOT LINE, INTERIOR: A lot line which divides one lot from another lot. LOT LINE, REAR: That lot line which is parallel to and most distant from the front lot line of the lot; provided, however, that in the case of an irregular, triangular or gore shaped lot, a line ten feet (10') in length, entirely within the lot, parallel to, and at the maximum possible distance from, the front lot line shall be considered to be the rear lot line. LOT LINE, SIDE: Any lot line other than a front or rear lot line. LOT OF RECORD: A designated parcel of land identifiable as a single separate tract which is part of a subdivision, the plat of which has been recorded or registered with the appropriate county office, or the deed to which has been recorded or registered with the appropriate county office pursuant to 765 Illinois Compiled Statutes 205/1.02 (plat act), and which is intended to be used, developed or built upon as a unit. LOT, THROUGH: Any interior lot which has a pair of lot lines along two (2) substantially parallel streets. MANSARD: A roof having a steep slope, attached to the face and main structure of the building, which may extend above the parapet line or roofline of the building. MANSARD SIGN: A sign that is mounted on a mansard of a building. OUTDOOR ADVERTISING SIGN: Any sign which directs attention to any promotion, business, commodity, service or activity which is not conducted, sold or offered on the lot upon which the sign is located. PORTABLE SIGN: Any sign designed to be moved from place to place or not securely attached to the ground or to any structure. PROJECTING SIGN: Any sign other than a wall sign that is fastened, affixed or attached directly to an outside wall of any building as provided under special areas of control in this chapter. PROPORTION: Balanced relationship of parts of a building, sign, landscape, structure to each other and to the architectural concept as a whole. ROOF SIGN: A sign erected or maintained in whole or in part upon, against or directly above the roof or parapet line of a building. ROOFLINE: The top of the parapet of a building with a flat roof, the deck line of a building with a mansard roof, or the eaves line of a building with a gable, gambrel or hip roof. SCALE: Proportional relationship of the size of parts to one another and to human figure. SHOPPING CENTER: A grouping of retail and service uses with common access and parking. For purposes of the sign ordinance, shopping centers require a unified sign criteria approved by management or ownership. Criteria shall not be in conflict with village standards. SIDEWALK SIGN : Any sign which conveys a changeable or permanent message on one or both sides, designed for temporary outdoor use. Sidewalk signs are not permanently attached to the around or structure. SIGHT TRIANGLE : A triangular area established at the intersection of two (2) streets or a street and a driveway in which nothing is erected, planted, placed or allowed to grow so as to limit or obstruct the sight distance of motorists. Such a triangle shall have legs of ten feet (10') along the rights of way when two (2) streets intersect or when a right of way and a driveway intersect. SIGN: Any surface, object, device, display, structure or fabric which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means; including, but not limited to, words, figures, designs, symbols, fixtures, colors, illumination, projected images, or forms shaped to resemble any human, animal, product or object. SIGN AREA: The area of a sign, measured as follows: A. Freestanding or projecting signs shall be measured as the sum of sign areas within a rectangle, circle or triangle which encompasses the extreme limits of each and every sign face, including all advertising and background surfaces; but excluding structural members not forming an integral part of the display or pole covers which contain no advertising copy for double faced signs. The area of all such faces shall be totaled and such resultant area shall be divided by two (2) to determine the total sign area. B. All other signs shall be measured as the sum of the area within a rectangle, circle or triangle which encompasses all letters, words, symbols, or other graphic elements, plus any background area which does not appear as a continuous portion of the building surface. SIGN FACE: The surface or surfaces used for the display of a sign message as seen from any one direction. SIGNABLE WALL AREA: The area within a rectangle which encompasses a continuous portion of a building facade, unbroken by windows, doors, or major architectural interruptions of the building surface. For signs located completely within a gable, signable wall area may be triangular in shape. SPECIAL USE: A classification applying to a property unique in nature. Individual cases are considered for special use if the uses are of an unusual nature, if unique problems exist because of the bulk and /or location of structures, buildings and signs on the property. A special use can only be granted if it meets the "standards for special use" outlined in section 7.720 of this chapter. SPECIAL USE EQUITY OPTION: An option available to individuals provided they can clearly demonstrate that by exchanging or trading sign area permitted for their property a more equitable total sign package is in the best interest of the individual and the village. Special use standards contained in section 7.720 of this chapter must also be met. A unified sign plan or written criteria shall be required as a condition of the special use equity option. STREETSCAPE: The scene as may be observed along a public street or way composed of natural and manmade components, including buildings, paving, planting, signs, sidewalks, and miscellaneous structures. TEMPORARY SIGN: Any sign intended for a limited period of display, the maximum length of which shall be one year. TEXT AMENDMENT: A change to a section or provision of the sign ordinance which requires final action by the village board of trustees following a recommendation and public hearing by the planning and zoning commission. UNIFIED BUSINESS CENTER: A business development containing four (4) or more indoor establishments developed under one ownership, with an integrated building and site arrangement and overall architectural concept. VARIATION: A change from the regulations established in this chapter. Variations are granted upon documentation of a hardship, if the "standards for variations" outlined in section 7.725 of this chapter apply. VILLAGE: The village of Mount Prospect, Illinois. WALL SIGN: Any sign that is fastened, affixed or attached to and erected parallel to an exterior building wall in such a manner that the wall becomes the supporting structure or forms the background surface of the sign, and which does not project more than eighteen inches (18 ") from the building. WINDOW: An opening in the wall of a building for admission of light containing transparent or translucent material such as glass. WINDOW SIGN: Any sign that is applied or attached to a window or is located within a building such that the sign is located to be viewed from the exterior of the building. WINDOW SURFACE AREA: The area of a building facade which is occupied by a window. (Ord. 4519, 1 -19 -1993; amd. Ord. 5750, 5 -21 -2009) ORDINANCE NO. ______ AN ORDINANCE AMENDING CHAPTERS 7 ENTITLED, OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: of Chapter 7 of the Mount Prospect Village Code shall be amended by amending paragraph (D) to read as follows: D. Portable: Portable signs as defined herein, except sidewalk signs as otherwise permitted under these regulations or authorized by the village board. SECTION 2: Chapter 7 of the Mount Prospect Village Code shall be amended by adding 3. Sidewalk signs shall comply with the regulations in Section 7.325(H). SECTION 3: of Chapter 7 of the Mount Prospect Village Code shall be amended by deleting paragraph read as follows: H. Sidewalk Signs: Sidewalk signs on public property or private property are subject to the following conditions: 1. Purpose: Sidewalk signs may advertise only a business in a building that directly abuts the portion of the sidewalk where the sign is placed. 2. Number Of Signs: Only one sidewalk sign shall be permitted per business establishment, except that public service signs (i.e., signs indicating the curb location of valet parking) may be permitted in addition to the one sign per business establishment. 1 3. Use Of Signs: Sidewalk signs may only be displayed during business hours and must be removed at the close of each business day. Sidewalk signs may not be displayed during times of high winds, snow, or when sidewalks are congested and the placement of a sign may impede pedestrian movement. 4. Location: a. The sidewalk sign shall not unreasonably interfere with pedestrian or vehicular traffic or with access to parked vehicles, shall not reduce the open portion of any sidewalk to less than five feet (5') in width, and shall comply with all IAC accessible route restrictions. b. The sidewalk sign shall be placed no more than one foot (1') from the wall of the building, unless the director of community development approves in writing another location due to other obstructions in the right of way. c. The sidewalk sign shall not be attached or affixed to the sidewalk, parkway poles, trees or any other public facilities. Such signs shall adhere to all sight triangle regulations as set forth in section 7.801 of this chapter. d. A plat of survey or a site plan, indicating the location of the proposed sign, shall be submitted with the permit application. e. Sidewalk signs located on public right of way shall be permitted only in the B-5 (Central Commercial) or B-5C (Core Central Commercial) zoning districts. f. Sidewalk signs located on private property shall be permitted only in the B-3 (Community Shopping), B-4 (Commercial Corridor), B-5 (Central Commercial), or B-5C (Core Central Commercial) zoning districts. Sidewalk signs on private property are placed at the sole risk of the sign owner and/or the owner of the business being advertised. 5. the sign area shall not exceed six (6) square feet per sign face with a maximum of two (2) faces per sign. 6. Illumination And Attention Getting Devices: Sidewalk signs shall not be illuminated. No attention getting devices, such as balloons, may be attached to a sidewalk sign. 7. Aesthetics And Maintenance: Sidewalk signs shall be of high quality and professionally constructed of durable materials. Sidewalk signs shall be properly maintained as provided in section 7.505 of this chapter. 2 SECTION 4: Section 7.8 Illustrations, of Chapter 7 of the Mount Prospect Village Code shall be amended by follows: SIDEWALK SIGN: Any sign placed on a sidewalk which contains a message on one or both sides. Sidewalk signs may not be permanently attached to the ground or structure. SECTION 5: Appendix A, Division II, Fees, Rates and Taxes of the Mount Prospect Village Code shall be amended by deleting the following fee from the table under Chapter 7, Section 7.610 Permit Fees: Sidewalk Signs (same as for temporary signs) - $50 SECTION 6: 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: NAYS: ABSENT: PASSED and APPROVED this ___________ day of _________________, 2013 ________________________________ Arlene A. Juracek Mayor ATTEST: __________________________ M. Lisa Angell Village Clerk 3 ORDINANCE NO. ______ OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: II, Administration and Enforcement of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting pin its entirety and inserting a new paragraph C(11) which shall be and read as follows: 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 the following: (1) Existing nonconforming accessory structures: A. Applicable structures: (1) Will be replaced with the same type of structure, (2) Do not exceed a total of two (2) accessory structures per lot of record, (3) Extend into no more than forty percent (40%) of the required interior side yard setback, (4) Extend into no more than ten percent (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 ten percent (10%). B. Standards: For minor variations consisting of existing nonconforming accessory structures, the director of community development shall make findings of fact based on the petition and public input according to the following standards: 1 (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. (2) Parking requirements for uses in excess of 2,500 square feet in floor area located in the B-5 Central Commercial District and B-5C Core Central Commercial District. A. Standards: For minor variations consisting of parking requirements for uses in excess of 2,500 square feet in floor area located in the B-5 Central Commercial District and B-5C Core Central Commercial District, the director of community development shall make findings of fact based on the petition and public input according to the following standards: (1) Whether the requested relief will be out of character with the neighborhood. (2) Whether there are other properties within the same zoning district, which have received a variation from the same regulation. (3) Whether there is public parking available within 1,000 feet, (4) Whether there is public transit (e.g. train station) available within 1,000 feet. 2 (5) Whether there are adjacent land uses with different peak parking demand periods based on the hours of operations. (6) Whether there is a shared parking agreement / valet service provided. b. Hearings: 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 department of community development shall provide 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 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 thirty (30) days nor less than seven (7) 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. 3 c. 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 planning and zoning commission. Such appeal shall be filed with the director of community development within five (5) calendar days of the director's decision. SECTION 2: of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting paragraph D which shall be and read as follows: D. Regulations For Fences And Walls: 1. General Provisions: It shall be unlawful to construct, erect or replace any fence without first obtaining a permit from the Community Development Department. The permit may be granted only if the proposed fence is in compliance with the provisions of the Village Code. For the purposes of this section, freestanding walls shall be considered fences. 2. Height And Location: a. Separation: Where existing drainage patterns would not be adversely impacted, a maximum of two inch (2") separation shall be maintained between the fence and the base grade to provide for adequate drainage. Fences located across drainage swales shall be a maximum of six inches (6") above base grade, unless the Village Engineer requires a larger separation. Fences shall not be permitted in floodway areas as designated on FEMA's flood boundary and floodway map. b. Sight Triangle: No fence greater than three feet (3') in height shall be placed within a sight triangle so as to obstruct or limit the line of sight for a motorist, cyclist, or pedestrian. c. Encroachment: All fences shall be entirely on private property. Fences may not encroach on adjoining lots or public rights of way. d. Fenceable Area: Under no circumstances shall a fence enclose an area that is less than fifty percent (50%) of the maximum fenceable area of a residentially zoned property. This limitation shall not apply to fencing around swimming pools. e. Five Foot Fences: Fences up to five feet (5') in height will be permitted as follows, and as shown on exhibit 14.304D1b in section 14.2501 of this chapter: 4 (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: Open and solid style fences may be installed in an exterior side yard, provided that the fence is placed behind the front line of the principal building and set back one foot (1') from the property line along the exterior side yard. If the exterior side yard abuts the front yard of an adjacent lot; a one for a solid style fence shall be maintained from the property line along the exterior side yard. f. Swimming Pool Fences: Fences and gates at least four feet (4'), but not greater than five feet (5'), in height to completely surround swimming pools other than swimming pools having a raised deck at least four feet (4') above grade may be placed as follows: (1) Along the perimeter of the pool walk areas; or (2) Along the perimeter of the lot as described in subsection D1e of this section. g. Six Foot Fences: Fences and gates up to six feet (6') in height will be permitted as follows, and as shown on exhibit 14.304D1b in section 14.2501 of this chapter: (1) When placed within the permitted buildable area of a residential property, an area fence no longer than eighteen feet (18') in length provided that it is located within the rear yard. (2) When 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 and provided that a one foot (1') setback is maintained from the rear or exterior side lot line abutting the arterial road right of way. (3) When placed between adjacent residential uses and nonresidential uses along side or rear lot lines. (4) When placed between single-family residential and multi-family residential uses along side or rear lot lines. h. Eight Foot Fences: Fences up to eight feet (8') in height will be permitted as follows: 5 (1) In industrial and commercial districts when used for the purpose of screening accessory building material, equipment or vehicle storage yard uses. (2) In residential zoning districts, along rear or side property lines contiguous to railroad rights of way. (3) Public swimming pools, along the perimeter of the pool area. i Method for Determining Fence Height : Fence height shall be measured vertically from the base grade to the top of the fence. Posts, including caps, used specifically for supporting a fence may exceed the separation for drainage purposes shall not be counted towards the fence height limitations. j. Utility Easements: The construction of fences in utility easements is subject to the condition of the easement. k. Arbors/Trellises: A maximum of two (2) arbors or trellises shall be permitted except in any required front yard. Such arbors or trellises may not exceed a height of eight feet (8') or a width of ten feet (10') and be no more than twenty five percent (25%) opaque. l. Recreational Facilities: Open mesh chain link fences up to twenty feet (20') in height may be permitted surrounding recreational facilities such as tennis courts, athletic fields, or similar uses subject to the approval of the community development director. 3. Construction: a. Fences may be constructed of wood, chain link, masonry, aluminum, wrought iron, composite, or similar materials and shall be constructed so that only a smooth finished side faces an abutting lot or road. b. It shall be unlawful to maintain or construct any fence composed in whole or part of barbed wire or with any similar materials designed to cause injury to person, or any wire charged with electrical current, anywhere within the village except to protect industrial property, in which case, barbed wire must be at least six feet (6') above sidewalk and extend inward of property. c. Fences surrounding swimming pools must meet the provisions of subsection D1f of this section. d. Fences used for the purpose of screening in commercial and industrial districts shall be of solid style. Fences may be constructed of wood, masonry, or other material subject to approval by the director of community development. 6 All other fences may be open style except where adjacent to residential property, in which case, the fence must be a solid style. e. In districts other than single-family residence zoning districts, the village shall require that fence areas be landscaped with low height plantings or other material as approved by the community development department. f. Grades at property lines shall not be altered due to fence construction unless a grading plan is submitted to and approved by the community development director. g. Temporary construction, safety, and silt fencing may be permitted only as part of a construction project for which a current building permit exists. Temporary construction, safety, and silt fencing shall be removed upon completion of the construction project. SECTION 3: Mount Prospect Village Code shall be amended as follows: (1) By new subparagraph 3 which shall both be and read as follows: 3. Antennas used for amateur radio purposes shall comply with the requirements in subsection D. (2) (3) B3(a). (4) By deleting replacing with the following new subparagraph 4 which shall be and read as follows: 4. Diameter a. Residential Zoning Districts 7 (1) in diameter. b. Nonresidential Zoning Districts (1) Ground mounted dish antennas in nonresidential zoning (5) (6) which shall be and read as follows: D. Amateur Radio Antennas 1. Ground mounted antennas: a. Antenna towers shall not be located in any required yard from any lot line. b. Ground mounted antenna towers shall not exceed a or support structures and shall be measured from finished grade to the highest point of the antenna. c. Ground mounted dish antennas shall not exceed fifteen accompanying base or support structures and shall be measured from base grade to the highest point of the antenna. 2. Roof mounted antennas for amateur radio use shall comply with the following: a. Antenna towers shall not project more than ten feet (10') above the maximum height of the residential building upon which they are located. Antenna towers located on the roof of educational, religious, or municipal buildings shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located. b. Dish antennas shall not project higher than the maximum height allowed for the building upon which they are located. (1) Roof mounted dish antennas located on residential buildings shall not exceed three feet (3') in diameter. 8 (2) Roof mounted dish antennas located on educational, religious, or municipal buildings shall not exceed ten feet (10') in diameter. c. Roof mounted antenna towers or dish antennas for amateur radio use shall be located on the principal building to which they are an accessory and are subject to structural approval. SECTION 4: e III, General Provisions of Chapter 14 of the Mount Prospect Village Code shall be amended as follows: (1) Subparagraph A(4) shall be amended by adding the following sentence at the end of the existing language: Pergola support columns shall be located no closer to the principal (2) Subparagraph A(6) shall be amended by adding the following sentence at the end of the existing language: The storage of household items, equipment to maintain the property and small recreational equipment is permitted. (3) Subparagraph A(7) shall be amended by adding the following sentence at the end of the existing language: Pergolas shall be exempt from this requirement. (4) Subparagraph (b) to paragraph B(1) shall be amended to add the word (5) The second to last sentence in paragraph B(2) shall be deleted and replaced with the following sentence: No accessory structure shall be placed on any right of way or village utility or easement without prior consent from the director of community development. (6) The second sentence in paragraph C(2) shall be deleted and replaced with the following sentence: 9 No accessory structure shall be placed on any right of way or village utility or easement without prior consent from the director of community development. (7) A new subparagraph (7) shall be added to paragraph D which shall be and read as follows: 7. Donation Boxes: The following restrictions shall apply to all donation boxes located within the Village: a. No more than one (1) donation box shall be located on any lot. b. A donation box shall not exceed six and one-half (6.5) feet in height. The box footprint shall be no greater than twenty-five (25) square feet. c. Location Requirements. The following location requirements shall apply to all donation boxes. (1) Donation boxes are permitted as an accessory use to an institutional or non-profit use only. (2) Donation boxes shall not be located in a required parking space. (3) Donation boxes shall not be located in a required front yard, required side yard or exterior side yard and shall be located to minimize visual impact when viewed from a street. d. Maintenance Requirements. Donation boxes shall be maintained in good condition with no structural damage, holes, rust or graffiti. All boxes shall be emptied and serviced regularly to prevent overflow of collections and be kept free of debris. e. Signage. The name, address and phone number of the donation box operator shall be posted on the box. Information shall be provided on the box as to whether the operator is a for-profit or not-for- profit organization. Total signage on the donation box shall not exceed five (5) square feet or as approved by the director of community development. (8) Subparagraph (1) to paragraph E shall be amended by adding the following at the end of the sentence: depth, excluding steps. 10 (9) Subparagraph (3) to paragraph E shall be deleted in its entirety and replaced with the following new subparagraph (3) which shall be and read as follows: 3. Patios, balconies, wood decks, swimming pools, boat slips and handicap ramps may encroach in the required rear yard. Such structures shall have a minimum setback of fifteen feet (15') between the rear property line and the near edge of the structure if the rear yard is adjacent to another lot. No setback shall be required if the rear yard is adjacent to a publicly navigable waterway. Handicap ramps may encroach into fifty percent (50%) of a required side yard. No structure shall be located over or upon a right of way or a village utility or an easement without prior consent from the director of community development. (10) Subparagraph (6) to paragraph E shall be deleted in its entirety and replaced with the following new subparagraph (6) which shall be and read as follows: 6. Central air conditioning units, generators and similar mechanical equipment shall be located on the rear elevation of any principal structure. If the units cannot be reasonably placed on the rear elevation because of operational reasons, such unit may be placed in up to twenty five percent (25%) of a required side yard, provided such location does not result in exhaust discharge upon any adjoining building or vegetation. Documentation verifying that the units cannot be located at the rear of the structure shall be submitted by the installer and approved by the director of community development. A screening plan which includes fencing or landscaping must be submitted with the permit and approved by the director of community development. SECTION 5: ions of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting the definition for Unlicensed Wireless Services and adding two new definitions new definitions shall be inserted in alphabetical order and shall be and read as follows: AMATEUR RADIO: The use of designated radio frequencies for purposes of private, non- recreational interest in radio technique solely with personal aim and without direct pecuniary interest, and shall not include commercial broadcasting, public safety communication, or professional two- UNLICENSED WIRELESS SERVICES: Commercial mobile services that can operate on public domain frequencies and, therefore, need no federal communications commission (FCC) license for each cell site. 11 SECTION 6: General Provisions of Chapter 14 of the Mount Prospect Village Code shall be amended as follows: (1) (2) A new subparagraph (6) shall be added to paragraph B which shall be and read as follows: 6. The requirements of this subsection shall not apply to architectural (3) Paragraph C shall be deleted in its entirety and replaced with the following new paragraph C which shall be and read as follows: C. Light Intensity Levels At Lot Lines: All illumination level readings shall be taken at ground level no more than six (6) inches above grade and shall be subject to the following maximum foot-candles at the lot line. LocationMaximum Foot-Candles at Lot Line Residential to Residential 0.5 Nonresidential to Nonresidential 0.5 Nonresidential to Residential 0.5 Nonresidential Lot Line Abutting an Arterial 1.0 Right of Way Lot lines with vehicle cross access to 2.0 adjacent properties, commercial and industrial uses only 1. The requirements of this subsection shall not apply to lot lines within the B5 and B5C zoning districts that directly abut another property in the B-5 or B-5C district. (4) Paragraph D shall be amend (5) 12 (6) Paragraph H shall be deleted in its entirety and paragraphs I and J shall be re-lettered as paragraphs H and I. SECTION 7: Article V, Planned Unit Development of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting Section 14.503 in its entirety and adding a new Section 14.503 in lieu thereof to be and read as follows: 14.503: PROCEDURES FOR PLANNED UNIT DEVELOPMENTS: Review and approval of a planned unit development may be performed in the following stages: A. Review of a conceptual plan. B. Review and approval of a Preliminary Plan. C. Review and approval of a Final Plan. Specific procedure and submission requirements for planned unit developments are provided in the zoning application available in the community development department. In addition to the formal submittal requirements set forth in the zoning application, the following shall be required to qualify a planned unit development for consideration by the Village Board. A. Conceptual Plan: Prior to filing a formal application for approval of a planned unit development, the applicant shall present to the village staff a general concept of the proposed development and begin a discussion regarding the various characteristics of the development concept. 1. Conceptual Planned Unit Development submittal requirements: a. A written letter of intent from the petitioner describing the concept for developing the site. b. Proof of ownership or other right to develop the property. The c. Current Plat of Survey of the subject property. d. A Topographic Survey and location map. e. Conceptual plans describing proposed land use, type and density of structures, street and lot arrangement, building floor area, and tentative lot sizes. 13 f. Other material the director of community development may deem appropriate. 2. Review of conceptual plan: Village Staff will review and provide comments of the conceptual planned unit development. The applicant may then request a conference with the director of community development and other village staff to discuss the review comments on the conceptual planned unit development. B. Preliminary Plan: 1. Filing of Application: An application for a preliminary planned unit development shall be filed with the director of community development. 2. Preliminary Plan submittal requirements: a. Proof of ownership or other right to develop the property. The Di b. A written letter of intent from the petitioner describing the planned unit development. c. A current Plat of Survey showing the existing conditions of the subject property, including: (1) Boundary lines: Bearings and distances. (2) Easements: Location, width, and purpose (including fire lanes). (3) Streets on, and adjacent to, the tract: Street name, right of way width, existing or proposed center line elevations, pavement type, walks, curbs, gutters, culverts, etc. d. Utility Plans showing the location and size of existing sewers, water mains, culverts or other underground facilities within the tract out to a distance of one hundred feet (100') beyond the tract. This shall also indicate such data as grades, invert elevations, and location of catch basins, manholes, and hydrants. e. A Topographic Survey and location map, including: (1) Existing contours at vertical intervals of not more than one foot (1'); water courses, floodplains, marshes, rock outcrops, trees of twelve inches (12") diameter or more, other significant features, and soil bearing data at locations and depths as may be required by the department of public works and engineering. f. Zoning information for the subject property, and adjacent property. 14 g. A Master Plan including such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, other facilities to indicate the character of the proposed development. This shall include: (1) Layout, numbers, and typical dimensions of lots for subdivisions and/or (building locations) to the nearest foot; and the proposed land use for each lot, parcel or tract. (2) Proposed building setback lines, indicating dimensions. (3) Areas other than street rights of way intended to be dedicated or reserved for public use and the approximate area in acres of each such area. h. A Site Plan including the exterior and interior roadways and streets, walkways, fire lanes, parking lots, including accessible parking stalls, areas reserved for landscaping and screening, all proposed building and structures, freestanding signs, outdoor lighting, trash storage areas and loading areas. The Plan shall indicate rights of way and pavement widths, street names (not duplicating the name of any street used in the village, unless the street is an extension of an already named street, in which event that name shall be used) and showing proposed through streets extended to boundaries of the development. i. Preliminary Engineering Pans indicating proposed storm water sewer lines, sanitary sewer lines, water mains and storm water detention or retention facilities. This shall include topographic data including proposed contours and areas to be provided for storm water detention, detention calculations, and flood plain compensatory storage. j. Preliminary Architectural Plans indicating the style and building materials of the planned unit development. Shall include building elevations, floor plans, building and wall sections. k. Preliminary Landscape Plan indicating the location and description of planting materials. l. Preliminary Lighting information, including a photometric plan, fixture cut sheets and light pole details. m. A development schedule indicating date and phases in which the project will be built with emphasis on area, density, use, and public facilities such as open space. This shall include the following: (1) Approximate starting date of construction. (2) The number of construction phases and the starting date of each phase. (3) The completion date of each phase. 15 n. A draft of all proposed bylaws, covenants, easements, maintenance and other agreements, wherever applicable. o. Impact assessments as may be required by the department of community development in order to adequately evaluate the effect of the proposed development on the environment, the existing community facilities, and the existing and proposed land uses surrounding the development. p. An identification and explanation of those aspects of the planned unit development that vary from the requirements of the otherwise applicable zoning district, as well as variations from the development code. q. Other material the director of community development may deem appropriate. 3. Review of a preliminary planned unit development plan: a. The director shall, upon receiving a complete application for a preliminary planned unit development, forward the application, along with required supporting documentation, to the planning and zoning commission for review and recommendation. b. The planning and zoning commission shall convene a public hearing as provided in subsection 14.203G of this chapter. c. Following the public hearing and review of the preliminary planned unit development and supporting data, the planning and zoning commission shall send its findings and recommendations to the village board which shall, within sixty (60) days, approve, approve with modifications, or disapprove the plan or return it to the planning and zoning commission for further consideration. d. Approval of a preliminary planned unit development plan shall not constitute approval of the final plan, rather it shall be deemed an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plan or plans. e. Upon approval of the preliminary plan by the village board, an ordinance shall be prepared, including the recommendation and conditions of approval of the Planning and Zoning Commission. The ordinance shall be filed in the office of the village clerk, and recorded with the recorder of deeds of Cook County. C. Final Plan: 1. Filing of Application: An application for a final planned unit development plan shall be filed with the director of community development. The final plan shall be in compliance with the approved preliminary plan, and submitted no more than one year after approval of the preliminary plan. The preliminary and final plans may be submitted simultaneously if all requirements of this article are met. A Petitioner intending to 16 combine the preliminary and final plan hearings must make such request at the time of filing the application. 2. Final Planned Unit Development Plan submittal requirements: a. Final documentation of all the information required for the Preliminary Planned Unit Development. b. A final planned unit development plan that is suitable for recording with the county recorder of deeds. c. An accurate legal description of the entire area under immediate development within the planned unit development. d. If subdivided lands are included in the planned unit development, a subdivision plat meeting all the requirements of the development code. e. An accurate legal description of each separate use area, including common open space. f. Designation of the exact location of all buildings to be constructed, and a designation of the specific internal uses of each building. g. Certificates, seals, and signatures required for the dedication of land and recording of the document. h. Tabulations on each separate use area, including land area, number of buildings, number of dwelling units per acre. i. Common Open Space Documents: All common open space, at the election of the village, shall be: (1) Conveyed to a municipal or public corporation, or conveyed to a not for profit corporation or entity established for the purpose of benefiting the owners and residents of the planned unit development or adjoining property owners or any one or more of them; or (2) Guaranteed by a restrictive covenant describing the open space and maintenance improvement, the covenant shall run with the land for the benefit of residents of the planned unit development and/or adjoining property owners. j. Maintenance: The use, maintenance and continued protection of the planned unit development shall be governed by, in order of primacy: (1) The planned unit development ordinance; (2) The Village Code; (3) Declarations and covenants of the property owners; and 17 (4) The application submittals not included in the planned unit development ordinance. The Village may require a surety bond in its favor, in the amount of the estimated cost of the installation and maintenance of such proposed site improvements as pools, fountains, landscaping, and other features. (Ord. 4590, 9-21-1993; amd. Ord. 5219, 11-6-2001; Ord. 5751, 8-4-2009) 3. Review of a final planned unit development plan: a. The director shall, upon receiving a complete application for a final planned unit development, shall forward the application, along with required supporting documentation, to the planning and zoning commission for their review and recommendation to the village board. b. Public Hearing: The planning and zoning commission shall convene a public hearing as provided for in subsection 14.203G of this chapter. c. Village Board Decision: Following the public hearing and review of the final planned unit development and supporting data, the planning and zoning commission shall send its findings and recommendations to the village board which shall, within sixty (60) days, approve, approve with modifications, disapprove the plan, or return it to the planning and zoning commission for further consideration. d. Approval: Upon approval of the final plan by the village board, an ordinance shall be prepared, including the recommendation of the Planning and Zoning Commission, and conditions of approval. The ordinance shall be filed with the office of the village clerk, and recorded with the recorder of deeds of Cook County. SECTION 8: Sectio Article V, Planned Unit Development of Chapter 14 of the Mount Prospect Village Code shall be amended as follows: (1) (2) (3) By deleting subparagraph 1(d) of paragraph D in its entirety and inserting the new subparagraph 1(d) to be and read as follows: d. Natural water features, wetlands and conservation area; 18 (4) By adding a new subparagraph 1(e) of paragraph D and re-letter the following two paragraphs accordingly. The new subparagraph 1(e) shall be and read as follows: e. Stormwater management areas, such as retention/detention ponds which are accessible to occupants via nature trails, boardwalks and/or walkways. Such stormwater management areas shall be designed as natural e requirements specified in section 14.2304. (5) By deleting subparagraph 1(g) of paragraph D in its entirety and re- lettering and inserting the following new language in lieu thereof: h. Other recreation spaces requiring permanent structures on the property other than principal buildings. May include but are not limited to gazebos, pergolas and patios. (6) By deleting subparagraph 3 of paragraph D in its entirety and re- numbering the remaining paragraphs accordingly. (7) By deleting subparagraphs (a), (b) and (c) of paragraph D(5) and inserting in lieu thereof, the following: 4. Buffer open space: a. Buffer yard areas around the perimeter of adjoining properties. b. Interior and perimeter parking lot open space. SECTION 9: and Use Table 2 Commercial and Industrial Village Code shall be amended by deleting Section 14.604 in its entirety and inserting a new Section 14.604 to be and read as follows: 14.604: LAND USE TABLE 2 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS KEY: P - Permitted; C - Conditional Use If a space is blank, use is not permitted in zoning district 19 Business Type B1 B2 B3 B4 B5 B5C O/R I1 I3 Accessory Structures P P P P P P P P P Accessory Uses (10% retail of P permitted uses) Amusement est. C C Amusement est. indoor only C P C C Animal daycare center and kennels C C C C Animal hospital and veterinary clinics C C C C Antique shops P P P P Archery ranges, shooting galleries C C Art and school supply stores P P P P Art and woodcraft studios P P P P Art shops or galleries (not auction P P P P rooms) Art, sculptor, and composer studios P P P P Automobile accessory stores P P P P Automobile garages P C C C Automobile leasing/rental agencies P P P Automobile maintenance and service C P C C C center Automobile fueling stations C P C C C Automobile sales, new or used (with C P C C over 2 acres) Automobile sales, new or used (with C 2 acres or less) Bakeries P P P P P P Banks and financial institutions C P P P P P Banquet Halls P P Barber and beauty shops P P P P P Bicycle sales, rental and repair P P P P Billiard and pool halls C C C C Boat showroom, sales and repair C Bowling alleys P P P P Business machine sales P P P P Camera and photo supply stores, film P P P P developing Candy and ice cream stores P P P P P Car wash C P C C C Carpet and rug stores, retail sales P P P P Cartage and express facilities C Catering services C C C Children's recreation centers P P P P China and glassware stores P P P P Clothing and apparel retail stores P P P P P 20 Clothing and costume rental stores P P P P Clubs and lodges C P P P P Coin and philatelic stores P P P P P Colleges and Universities C C C C Commercial greenhouses and P nurseries Compost collection facility C C Computer offices and facilities P P P P P P P Computer sales, service and P P P P accessories Concrete fabrication C Contractors' architects' and P P P P P P engineers' offices Contractors' architects' and C engineers' storage yards Contractors showrooms P P P P Convenience stores P P P P P Convention and exhibition halls C C Cosmetology Schools P P P P C Dairy products, retail sales P P P P Dance and music academies/studios P P P P P P Day care centers C C C C C C C Department stores P P P P Drive-through and drive-in C C C C establishment Driving schools C P P P P Drugstore / Pharmacy P P P P P Dry-cleaning and laundry P P P P P establishment Dry-cleaning plants P Dwelling units on ground floor C C Dwelling units, located above the first C P P floor Exterminating services P Floor Covering Store P P P P Florist P P P P P Food store, grocery store, meat P P P P P market and delicatessen Funeral homes C C C Furniture store P P P P Furrier shops P P P P Gift shop P P P P P Hardware store P P P P P Health services, clubs, recreation P P P P centers, or gymnasiums 21 Hearing aid stores P P P P Heliports C C Home improvement center (no P P P P outdoor storage) Home improvement center with C C outdoor storage Hospitals C Hotels and Motels C C P P P Household electrical appliance stores P P P P Interior decorating shops P P P P Jewelry stores P P P P Lamp and lighting fixture stores P P P P Laundries P Laundromat, automatic, self-service P P P P P only Lawn and garden equipment and P P P P supply Leather goods and luggage stores P P P P Libraries P P P P P Light assembly & repair P P Liquor stores, packaged goods P P P P Locksmith shop P P P P Machinery sales C Mail order houses P Mail order, catalog stores P P P P Manufacturing, Heavy C Manufacturing, Light P Martial arts school P P P P Massage establishments P P P P Medical or dental offices P P P P P P Motorcycle, snowmobile, or personal C watercraft sales Municipal buildings P P P P C P Museums P P P P P Music stores P P P P Musical instrument sales and repair P P P P Office machine sales and servicing P P P P Office supply stores P P P P Offices, business and professional P P P P P P P P Optical, orthopedic and medical P P P P appliance sales Outside display and sales C C Outside service areas C C Paint and wallpaper stores P P P P 22 Parking lots, other than accessory C C P C C P parking Party supply stores P P P P Pet shops and grooming P P P P establishments Petroleum tank farm & related C accessory uses Photo developing and image transfer P P P P Photography studios P P P P Picture framing P P P P Planned Unit Developments C C C C C C C C C Plastics Processing C Post office P P P P Printing and duplicating P P P P Printing and publishing P establishments Public utility and service uses C C C C P Public Works and Park District P storage yards and related facilities Radio and television stations, studios C P C C P and towers Recycling collection centers C P Religious Institutions C Repair, rental and servicing of any P P P P article of which is permitted use in the district Research laboratories and testing P P facilities Restaurants, including entertainment P P P P C and dancing Restaurants P P P P P C C Secondhand stores and rummage P P P P shops Shoe stores P P P P Sporting goods stores P P P P Sports training and teaching C C C establishments Stadiums, auditoriums and arenas C C Tailor shops P P P P P Tanning salon P P P P P Taverns and cocktail lounges P P P P Taxi dispatch centers C C P Theaters, drive in C Theaters P P P P Ticket agencies P P P P 23 Tobacco shops P P P P Towing agencies P Toy shops P P P P Trade or vocational schools P C (excluding cosmetology) Trailer and camper sales and rental C Transfer stations for refuse disposal C P Travel agencies P P P P P Truck sales, rental and repair C Tutoring center P P P P Warehouse, distribution & storage P P facilities Watchman's quarters P P P P P Wholesale establishment P P Wireless service P P P P P P P P P SECTION 10: XXII, Off Street Parking and Loading of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting Section 14.2211 in its entirety and inserting a new Section 14.2211 to be and read as follows: 14.2211: ACCESSIBLE PARKING REQUIREMENTS: Accessible parking spaces shall be provided in compliance with the Illinois Accessibility Code, as amended from time to time, and all additional governing codes and applicable laws: A. Size: Each accessible parking stall shall measure sixte consisting of an eight foot (8') wide parking space and an adjacent eight foot (8') wide diagonally striped access aisle. Adjacent accessible parking spaces cannot share access aisles. The standard length of accessible parking stalls shall be the same as all other parking stalls. B. Number: All parking lots required by this chapter shall provide the following number of accessible parking stalls: TABLE 1 Total Number Of Total Minimum Parking Spaces Number Of Provided Accessible Parking Spaces 24 (Required 1 _ 25 1 26 _ 50 2 51 _ 75 3 76 _ 100 4 101 _ 150 5 151 _ 200 6 201 _ 300 7 301 _ 400 8 401 _ 500 9 501 _ 1,000 2 percent total parking provided 1,001 and over 20 plus 1 for each 100 over 1,000 C. Access: The required access aisle must have a smooth transition with adjacent walk surfaces, either by joining at a common level or by use of a curb ramp, and be located on the shortest accessible route of travel to an accessible facility entrance. D. Markings: A high quality yellow paint recommended by the paint manufacturer for pavement shall be used. E. Signage: Each accessible parking space shall be equipped with a sign which complies with the Illinois Accessibility Code. Signs shall be vertically mounted on a post or a wall at front center of the parking space, no more than five feet (5') horizontally from the front of the parking space, and set four feet (4') from finished grade of the parking space to the bottom of the sign. (Ord. 5265, 8-6-2002) SECTION 11: and Loading of Chapter 14 of the Mount Prospect Village Code shall be amended as follows: (1) By deleting paragraph A(3) in its entirety and inserting a new paragraph A(3) to be and read as follows: 3. Width: Driveway width shall be calculated by including all abutting parallel sidewalks and patios when located within a required front yard. When located elsewhere on a property, driveway width shall be calculated by including all abutting parallel sidewalks and patios that are constructed of the same material and color as that of the driveway. Such abutting parallel sidewalks and patios constructed of the same material and color as that of the driveway shall be considered part of the driveway and subject to all applicable regulations regarding the design and use of driveways within this code. If abutting parallel sidewalks and patios are constructed of different materials or of the same material but a different color than that of the driveway, they shall not be included in calculating driveway width, but shall be considered sidewalks and patios and be subject to all applicable sidewalk and patio regulations within this code. 25 All driveways shall be unobstructed from any encroachment such as chimneys, fireplaces, and bay windows. Driveways may be installed and maintained as follows: (2) By adding a new subparagraph (d) to A(3) and re-lettering the subsequent subparagraphs accordingly: d. If a driveway is located within a required front or exterior side yard and serves a detached garage or a parking pad, no portion of the driveway edge that is on the interior of the lot (as opposed to the edge of the driveway closest to the perimeter lot line) may extend more than three feet (3') beyond the edge of the principal structure. SECTION 12: Parking and Loading of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting Section 14.2219 in its entirety and inserting a new Section 14.2219 to be and read as follows: 14.2219: PARKING LOT LIGHTING: In addition to the requirements set forth below, all parking lot lighting shall comply with the outdoor lighting regulations included in section 14.314 of this chapter. All parking lots with more than four (4) spaces shall provide lighting. Artificial lighting used to illuminate any parking lot and drive aisles immediately accessing parking stalls shall comply with the regulations as set forth in this section. A. General Requirements: 1. Pole Height And Material: a. The total height of light fixtures, including the pole, pole support, fixture and related equipment, shall be limited to the district height limit or a maximum of thirty feet (30'), whichever is less. b. Light poles shall be constructed of metal, or other material acceptable to the village engineer. Wood poles are prohibited. 2. Glare Onto Adjacent Properties Prohibited: Lighting used to illuminate off street parking areas and drive aisles immediately accessing parking stalls shall be directed away from adjacent properties and rights of way in such a way as to not create a nuisance. The following illumination standards shall be: a. Light intensity at a lot line abutting a residential property shall not exceed 0.1 foot-candle. b. Light intensity at a lot line abutting a nonresidential property or right of way shall not exceed 0.5 foot-candle. 26 c. The maximum light intensity at the lot line for commercial or industrial uses abutting an arterial street (defined in Chapter 18 of the Village Code) right of way shall not exceed 1 foot-candle. d. The maximum light intensity at the lot line for commercial or industrial uses with cross access to abutting commercial or industrial uses shall not exceed 2 foot-candles e. The requirements of this subsection shall not apply to lot lines within the B5 and B5C zoning districts that directly abut another property in the B5 and B5C district. 3. Protection Of Lighting Fixtures: Light poles in a parking lot shall be protected from vehicles by curbed landscape islands or curbed landscape diamonds. 4. Illumination Levels And Uniformity: The following criteria for minimum illumination, maximum illumination, and uniformity shall be met for all parking lots: Type Of Minimum Average IES Maximum Average IES Uniformity Development Illumination Level Illumination Level (Foot-Candles) (Foot-Candles) Multi-family 0.1 1.5 4 :1 residential (ave./min.) 15 :1 (max./min.) Commercial 0.2 2.4 3 :1 (ave./min.) 12 :1 (max./min.) Industrial 0.2 3.0 4 :1 (ave./min.) 15 :1 (max./min.) Public, 0.2 2.4 3 :1 semipublic, (ave./min.) and 12 :1 institutional (max./min.) B. Nonconforming Lighting: Any existing parking lot lighting that does not conform to these regulations shall be made to conform by means of alteration no later than January 1, 2006. (Ord. 5380, 11-4-2003) SECTION 13: XXII, Off Street Parking and Loading of Chapter 14 of the Mount Prospect Village Code hout Drive- - Use and Parking Requirements and adding the following 27 new Uses and Parking Requirements the table which shall be and read as follows: Use Parking Requirements Restaurants without a bar 12 per 1,000 square feet of floor area Restaurant with a bar 12 spaces per 1,000 square feet of floor area plus 1 space for every 3 seats in the bar area Restaurant with drive-in 12 spaces per 1,000 square feet of floor area plus 8 stacking spaces for the first window and 2 stacking spaces for each additional window SECTION 14: XXII, Off Street Parking and Loading of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting Section 14.2224.1 in its entirety and inserting in lieu thereof, the following new Section 14.2224.1 which shall be and read as follows: 14.2224.1: CENTRAL AREA PARKING REGULATIONS: In the B-5 central commercial district and the B-5C Core Central Commercial District, for the purpose of allowing existing conditions to continue, additional off street parking is not required at locations where limited parking or no parking is currently provided. Uses which are similar to those in operation at the time this chapter is adopted are not required to add additional parking. However, in areas where there is new construction or major rehabilitation (50 percent or more), or a change in use which warrants additional parking, spaces shall be provided as follows: Use Parking Requirements Drive-in/drive-up 4 stacking spaces for each window plus those required for the facility principal use Library 2 spaces per 1,000 square feet of gross floor area Multi-family dwellings: Efficiency and 1 1 space per unit bedroom 1 2 bedroom 1/ spaces per unit 2 3 bedroom 2 spaces per unit 28 Office/retail: 4 spaces per 1,000 square feet in excess of 2,500 square feet of floor area Office- 5 spaces per 1,000 square feet in excess of 2,500 square feet medical/dental: of floor area Restaurant, sit 4 per 1,000 square feet in excess of 2,500 square feet of floor down area Other uses Uses not listed in the above schedule of parking requirements for the B-5 and B-5C zoning districts, parking spaces shall be provided at 50 percent in number as required elsewhere (Ord. 4590, 9-21-1993; amd. Ord. 4709, 3-7-1995; Ord. 5034, 7-20-1999) SECTION 15: Landscape Requirements of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting paragraphs C and D in their entirety and inserting a new paragraph C to be and read as follows: C. Any development involving expansion by more than twenty five percent (25%) of an existing structure, excluding single-family residences, if constructed after the effective date hereof. SECTION 16: Section 14.2303 Landscape Requirements of Chapter 14 of the Mount Prospect Village Code shall be amended as follows: (1) C(3). (2) By adding new subparagraphs (e) and (f) to paragraph C(3) to be and read as follows: e. The area in square feet of each parking lot area; and f. The square feet and percentage of the interior parking lot area being landscaped. (3) By deleting subparagraph (a) of paragraph D(2) in its entirety and inserting in lieu thereof the following new subparagraph (a): 29 a. Irrigation plan, required for commercial, industrial and multi-family residential projects. SECTION 17: Requirements of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting Section 14.2304 in its entirety and inserting a new Section 14.2304 in lieu thereof and shall be and read as follows: 14.2304: DESIGN CRITERIA: A. Scale And Nature Of Landscape Material: The scale and nature of landscape material shall be appropriate to the site and structures. B. Selection Of Plant Material: 1. Characteristics: Planting materials used in conformance with the provisions of this article shall be: a. Of good quality of a species normally grown in northeastern Illinois. b. Capable of withstanding the extremes of individual site microclimates. c. Selected for interest in its structure, texture, and color for its ultimate growth. d. Harmonious to the design, and of good appearance. e. In conformance with the most current version of the "American Standard For Nursery Stock", ANSI Z601. 2. Trees: Of the area being landscaped, there shall be at least one tree for every seven hundred (700) square feet of landscaped area. One-fourth (1/4) of the trees shall be evergreens a minimum of six feet (6') in height, one-fourth (1/4) ornamental a minimum of two inch (2") caliper or five feet (5') clump form and one-half (1/2) shade trees a minimum of two and one-half inch (21/2") caliper. 3. Shrubs: One shrub shall be planted for every one hundred fifty (150) square feet of landscaped area. Fifty percent (50%) of the shrubs shall be deciduous and fifty percent (50%) evergreen. For shrubs that mature at less than five feet (5') in height, minimum installation size shall be two feet (2'). For shrubs that mature taller than five feet (5') in height, minimum installation size shall be three feet (3'). C. Installation Of Plant Materials: Plant materials of all types and species shall be installed in accordance with the minimum technical specifications of the village's "Arboricultural Standards Manual" (see section 9.705 of this code), including the guarantee and replacement sections. Where overhead power lines exist, only trees that 30 The Director is hereby authorized to maintain a schedule of prohibited and permissible plant materials to be duly published, updated and made available to the public. D. Maintenance Of Plant Materials: The owner of the premises shall be responsible for the maintenance, repair and replacement of all landscaping materials and barriers, including refuse disposal areas, walls, fences, etc., as may be required by the village. When any existing landscaping materials are removed from a non single-family residential property, the removed materials must be replaced in similar kind and quantity. A means of irrigating plant material shall be provided. E. Planting Beds: Planting beds shall be mulched in their entirety with shredded bark or other similar material. F. Walls And Fences: Plant materials shall be placed intermittently against long expanses of building walls, fences and other barriers to create a softening effect. G. Detention/Retention Basins And Ponds: Detention/retention basins and pond areas shall be planted. Such plantings shall include shade and ornamental trees, evergreens, shrubbery, hedges and/or other live planting materials along the perimeter of the basin or pond. Use of native plant materials is encouraged. Trees shall not consist of fruit or female ginkgo trees, and shall be planted above the high water level line. The bottom of the basin/pond shall be planted with sod or hydroseed. Plants must be able to tolerate wet conditions if planted within the basin. H. Energy Conservation: 1. Deciduous trees, shrubs and vines should dominate the south and west sides of buildings and plaza areas to provide shade during the summer and limited shade during winter. 2. Evergreens and other plant materials should be concentrated on the north side of buildings in a manner which dissipates the effect of winter winds. I. Berming: Earthen berms and existing topography shall, wherever practical, be incorporated into the landscape treatment of a site. Such berms must meet the requirements specified in chapter 16, article VII of this code. J. Topography: Where natural, existing topographic patterns contribute to the beauty and utility of a development, they shall be preserved and developed. Modification of topography may be allowed where it contributes to the aesthetic quality of the site. K. Protection Of Plant Material and/or People: In locations where plant material and/or people will be susceptible to injury, install appropriate curbs, tree guards, or other devices. L. Areas Where Plant Material Will Not Prosper: In areas where general planting will not prosper, other materials (such as fences, walls and pavings of wood, brick, stone, pea gravel, and cobbles) shall be used. Carefully selected plant material shall be combined with such materials where possible. 31 M. Exterior Landscape Lighting: Exterior landscape lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a size and design compatible with the building and adjacent areas. Lighting shall be restrained in design, and excessive brightness and brilliant colors shall be avoided. Utility services shall be underground and light fixtures and levels shall comply with the village's lighting requirements (see section 14.314 of this chapter). N. Amenities: In commercial/industrial areas the following, where appropriate, shall be provided: seating areas; paved areas; plant enclosures; benches; waste receptacles; lights; etc. O. Service Yard Screening: Service yards, loading docks and other places that tend to be unsightly shall be screened. Screening shall be equally effective at all times of the year. P. Innovative Landscaping: Innovative landscaping treatments are encouraged and shall be considered as a positive attribute in connection with any request for a variation from the requirements of this code. (Ord. 5751, 8-4-2009) SECTION 18: Section 14.2306Parking Lot Landscaping Landscape Requirements of Chapter 14 of the Mount Prospect Village Code shall be amended as follows: (1) By adding a new sentence at the end of subparagraph (b) of paragraph B(3) and shall read as follows: Live coverage shall consist of a mixture of planting material, including evergreens, shrubs and perennials. (2) By adding a new subparagraph (2) and renumbering the current (2) to (3) of paragraph C(1)(a). The new subparagraph (2) shall read as follows: (2) Shade trees shall be provided at the equivalent of seventy (3) By deleting the last sentence of subparagraph 1 of paragraph D and inserting a new sentence to read as follows: Plantings shall be placed in clusters, containing a minimum of seven (7) shrubs property line. (4) By deleting subparagraph 2 in its entirety and inserting new subparagraphs 2 and 3 of paragraph D to read as follows: 32 2. Shade trees shall be provided at the equivalent of seventy five property line. 3. Except where occupied by planting beds, all landscaping areas located in front and corner side yards shall be sodded. All interior side and rear yard perimeter landscaping areas shall be sodded or seeded. SECTION 19: Section 14 Landscape Requirements of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting Section 14.2308 in its entirety and inserting in lieu thereof a new Section 14.2308 which shall be and read as follows: 14.2308: PERIMETER LANDSCAPING: A. Applicability: All nonresidential and multiple-family developments shall provide perimeter landscaping in accordance with the provisions of this article. When a parking lot is located on the perimeter, the requirements of section 14.2306 "Parking Lot Landscaping", of this article shall be adhered to. B. Nonresidential Property Abutting Nonresidential Property: Excluding properties located within the B-5 or B-5C districts, where nonresidential property abuts property zoned for nonresidential use landscaping shall be provided as follows: 1. Shade trees shall be provided at the equivalent of seventy five feet (75') apart along the abutting property line. Such trees may be clustered or spaced linearly as determined appropriate. 2. Other landscaping materials, including berms, ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials shall be provided in clusters, containing a minimum of seven (7) shrubs per cluster, and spaced at intervals of approximately thirty five feet (35') along the property line. 3. Except where occupied by planting beds, all perimeter landscaping areas shall use salt hardy materials and shall be sodded in front and corner side yards. All interior side and rear yard perimeter landscaping areas shall be sodded or seeded. C. Nonresidential Property Abutting Residential Property: Where nonresidential property abuts property zoned for residential use, landscaping shall be provided as follows: 1. In addition to the required fencing, landscaping shall consist of berms, trees, evergreens, shrubbery, hedges, and/or other live planting materials. Plantings shall be placed in clusters, containing a minimum of seven (7) shrubs per cluster, spaced at intervals of approximately thirty five feet (35') along the property line. 2. Shade trees shall be provided at the equivalent of not more than seventy five feet (75') apart along the abutting property line. Such trees may be clustered or spaced linearly as determined appropriate. 33 3. Except where occupied by planting beds, all perimeter landscaping areas shall use salt hardy materials and shall be sodded in front and corner side yards. All interior side and rear yard perimeter landscaping areas shall be sodded or seeded. D. Multiple-Family Residential Property: Where multiple-family residential property abuts other property, landscaping shall be provided as follows: 1. Shade trees shall be provided at the equivalent of not more than seventy five feet (75') apart along the abutting property line. Such trees shall be spaced linearly. 2. Other landscaping materials, including berms, if possible, ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials shall be provided at intermittent locations across fifty percent (50%) of the abutting property line. Shrubs shall be placed in clusters containing a minimum of seven (7) shrubs per cluster, spaced at intervals of approximately thirty five feet (35') along the abutting property line. 3. Except where occupied by planting beds, all perimeter landscaping areas shall use salt hardy materials and shall be sodded in front and corner side yards. All interior side and rear yard perimeter landscaping areas shall be sodded or seeded. E. Screening Of Refuse Disposal Areas: All refuse disposal areas shall be screened on all four (4) sides by a solid wood fence or an equivalent screening material to a height of six feet (6') or height of proposed refuse disposal containers, whichever is greater. Appropriate landscape materials shall be provided to screen the enclosure. F. Screening Of Ground Based Utilities: All ground based utility boxes, transformers, generators, or similar structures under six feet (6') in height shall be screened from view utilizing evergreen landscaping which will grow to the height of the ground based utility. Ground based utilities in excess of six feet (6') in height shall be screened via means of an enclosure which matches materials used on the primary building on the lot or other material as approved by the Director and appropriate landscape materials to screen the enclosure. (Ord. 5751, 8-4-2009) SECTION 20: Section 14 Requirements of Chapter 14 of the Mount Prospect Village Code shall be amended as follows: (1) By deleting subparagraphs 1 and 2 of paragraph A in their entirety and inserting in lieu thereof, the following new subparagraphs 1 and 2 to be and read as follows: 1. No more than five (5) trees on any property, nor a tree having a on any proposed development site, shall be removed without a permit meeting the requirements of this section. This section does not apply if the tree removal is requested by the village or if the tree is located on public property. Chapter 9 of this code provides standards for removal of public property trees. 34 2. The application for a tree removal permit shall be accompanied by: a. A written statement indicating the reason for removal of the tree(s). b. A general description of the tree(s) to be removed. c. A tree survey of the general area (as determined by the department of community development) surrounding the tree (s) to be removed. The tree survey shall consist of trees four inch (4") caliper and above and include a listing of species. d. Arguments for removal under subsections A3c and A3d of this section shall be accompanied by a report from a certified arborist if requested by the department of community development. (2) By adding a new subparagraph 5 to paragraph A which shall be and read as follows: 5. When removing trees, trees shall be removed in their entirety, including trunks, stumps and associated debris. Areas where trees were removed shall be restored to its natural condition. Restoration to natural condition includes, but is not limited to, deposit of topsoil and grass seed or sod. (3) By deleting subparagraphs 4, 5 and 6 to paragraph B in their entirety and inserting in lieu thereof, the following new subparagraphs 4, 5 and 6 to be and read as follows: 4. In the event that a tree designated for preservation is destroyed or razed during the construction process, during regular maintenance activities, or has been removed without prior approval of the Community Development Director: (1) Such trees shall be replaced with new trees in accordance with the following: Caliper Number Of (In Inches) Replacement Trees 30 or greater 6 13 29 5 4 - 12 4 35 For the above, in the event of a fraction of an inch, if a fraction is less than one- 1 half inch (/"), the lower full number listed above shall be used. If a fraction is 2 1 one-half inch (/") or greater, the higher number shall be used. 2 (2) A fee in lieu of installing a replacement tree shall also be acceptable if providing the number of replacement trees is not feasible on a specific property. The applicant shall submit a written statement indicating the reasons for the inability to provide the number of replacement trees. The written statement shall be accompanied by a report from a certified arborist if requested by the department of community development. The director of community development shall review and decide if replacement trees, a fee in lieu, or combination thereof is appropriate. A fee in lieu shall be as set forth in appendix A, divisions II of this code. 5. All replacement trees shall have a minimum caliper of four inches (4"). 6. Replacement trees shall be of like kind of trees removed and are limited to one of the species listed in the schedule of permissible plant materials maintained by the Director. SECTION 21: 14 of the Mount Prospect Village Code shall be amended by adding new or amending the following definitions which shall be inserted in alphabetical order. The new and/or amended definitions shall be and read as follows: AUTOMOBILE FUELING STATION: A business establishment which includes the retail dispensing or sale of vehicular fuel and incidental convenience goods, having pumps and storage tanks thereon but no repair services. BEAUTY SHOP: A business establishment where cosmetology services are provided. This includes but not limited to hair, nail, and skin care, and other spa services not including massage therapy. CANOPY, NONRESIDENTIAL: A permanent hood, awning or rooflike construction, which may or may not include support columns, which projects from a building wall for the purpose of providing shelter or protection from the weather. CANOPY, RESIDENTIAL: A rooflike structure, without walls, screens, or windows, that projects from the building wall, covering a stoop, and does not exceed the dimensions of the stoop. DONATION BOX: A outdoor container or receptacle used for collecting donated household items such as clothing, shoes, and books. 36 FENCE/WALL: A freestanding structure resting on or partially buried in the ground and rising above the ground level, forming a barrier which is not otherwise a part of any building or other structure and is used to delineate a boundary or as a means of confinement or privacy. FENCE, OPEN:A fence, including gates, designed and constructed with at least 50% of its surface area as open space of uniform distribution, when viewed from a right angle. : FENCE, SOLIDA fence, including gates, designed and constructed with greater than 50% of its surface area as opaque material of uniform distribution, when viewed from a right angle. FLOOR AREA: The sum of the gross horizontal area of all floors of a building, including principal and accessory structures and storage areas as measured from the exterior walls. Floor area shall exclude: A. Areas used for storage of building, mechanical and HVAC equipment; B. Interior loading docks; C. Basements in single-family dwellings with a ceiling height less than three (3) feet as measured from the average grade; D. Attic spaces in single-family dwellings with a ceiling height less than seven (7) feet; and E. For the purposes of determining off-street parking requirements for restaurant uses, floor area shall not include areas devoted primarily for storage, restrooms, and corridors used solely for accessing these areas. MANUFACTURING, HEAVY: The assembly, fabrication or processing of goods and materials using processes that ordinarily have greater than minimal impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, visual impact, odors, glare, or health manufacturing generally includes processing and fabrication of large or bulky products made from extracted or raw materials and processes that require extensive floor areas otherwise listed specifically in a zoning district as a permitted or conditional use. MANUFACTURING, LIGHT: The assembly, fabrication or processing of goods and materials using processes that do not create noise, smoke, fumes, odors, glare or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place, where such processes are housed entirely within a building. Light manufacturing generally includes processing and fabrication of finished products predominantly from previously prepared materials and includes processes that do not use that is otherwise listed specifically in a zoning district as a permitted or conditional use. 37 MASSAGE ESTABLISHMENT: Refer to section 11.3901 of this code. PERGOLA: A freestanding, open-roofed structure that is open to the elements, consisting of columns supporting girders and cross rafters which vines and other climbing plants may grow. PUBLICLY NAVIGABLE WATERS: Refer to section 22.102 of this code. RETAINING WALL: A freestanding structure designed and constructed to support a mass of earth or resist lateral earth pressures. SIGHT TRIANGLE: A triangular area established at the intersection of two (2) streets or a street and a driveway in which nothing is erected, planted, placed or allowed to grow so as to limit or obstruct the sight distance of motorists. Such a triangle shall have legs of ten feet (10') along the rights of way when two (2) streets intersect or when a right of way and a driveway intersect. UNIFORMITY RATIO: The average or maximum level of illumination in relation to the lowest level of illumination for a given area. SECTION 22: Appendix A, Division II, Fees, Rates and Taxes of the Mount Prospect Village Code shall be amended by inserting the following under Chapter 14: Chapter 14: Zoning: Section 14.2309: Tree Preservation B.4.2 Fee in lieu of installing a replacement tree: $600 per replacement tree SECTION 23: 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: NAYS: ABSENT: PASSED and APPROVED this ___________ day of _________________, 2013 ________________________________ Arlene A. Juracek, Mayor ATTEST: __________________________ M. Lisa Angell, Village Clerk 38 ORDINANCE NO. ______ AN ORDINANCE AMENDING CHAPTER DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES, OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: Section 15.305Subdivision StandardsII, Subdivision Procedures and Standards of Chapter 15 of the Mount Prospect Village Code shall be amended deleting subparagraph D(5) in its entirety and inserting a new subparagraph (5) which shall be and read as follows: 5. No building, structure or other obstruction shall be constructed upon any easement, with the exception of accessory structures as set forth in Section 14.306 and Section 7.305. The director of community development may require that the applicant execute an Indemnification/hold harmless agreement and provide written authorization from the applicable utility companies. SECTION 2: 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: NAYS: ABSENT: PASSED and APPROVED this ___________ day of _________________, 2013 ________________________________ Arlene A. Juracek Mayor ATTEST: __________________________ M. Lisa Angell Village Clerk 1 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY OWNED BY THE VILLAGE OF MOUNT PROSPECT WHEREAS, pursuant to Section 11 -76 -4 of the Illinois Municipal Code (65 ILCS 5/11- 76 -4), the Corporate Authorities of the Village of Mount Prospect may dispose of personal property owned by the Village when, in the opinion of a simple majority of the Corporate Authorities, such property is no longer necessary or useful to, or for the best interests, of the Village; and WHEREAS, President and Board of Trustees of the Village of Mount Prospect deem it no longer necessary, useful or in the best interests of the Village to retain the personal property described in Exhibit 'A" which is attached hereto and incorporated herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF ITS HOME RULE POWER: SECTION ONE: The personal property, described in Exhibit "A," is declared to be surplus personal property because it is no longer necessary, useful or in the best interests of the Village to retain. SECTION TWO: The Village Manager, or his designee, is authorized to dispose of the Surplus Property in the manner described in Exhibit "A." SECTION THREE: 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: NAYS: ABSENT: PASSED and APPROVED this th day of December, 2013. Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk Television Services Division Surplus Video Equipment for re -sale Quanitv Manufacturer Model # Device Disposal 1 Panasonic WJ -MX50 Video Mixer Ebav 8 Panasonic AW -E600 Video Camera Ebav 7 Panasonic AW -PS300 Camera Power Supply Ebav 7 Panasonic AW- PH350P Camera Pan Tilt Heads Ebay 3 Panasonic AW -RP501 Sinqle Camera Remote Contoller Ebay 1 Panasonic AW -RP50 5 Camera Remote Controller Ebay 2 Sonv DSR -300 Non - functioning DVCAM Camcorders Ebay 3 Sony DSR -400 DVCam Camcorders Ebay 1 Datamedia MX -Pro Video Switcher Ebay 2 Videotek VDA16A Audio Distribution Amplifiers Ebav 2 Steward World 600 Speakers Amplifier Ebav 2 Shure SCM262 Audio Mixer Ebav 11 Extron RBG- 202 -VTG Scan Converter Ebay 1 Extron SW4 ARHV Switcher Ebay 1 Extron VSC100 Scan Controller Ebay 1 Extron ADA2 300HV RGBH Distribution Amplifier Ebay 1 Extron SW6 SA Mixer Ebav 1 Extron 4 LBXI Switcher Ebav 2 Shure AMS 8000 Audio Mixer Sell to Prospect Heights 1 Ropco 100 -16 100' 16 input audio snake Sell to Prospect Heights 1 Audio Snake Reel Sell to Prospect Heights 8 Shure AMS24 AMS Goosneck Microphones Sell to Prospect Heights 4 Shure AMS26 AMS Handheld Microphones Sell to Prospect Heights 12 Shure Microphone Bases Sell to Prospect Heights 10 Comprehensive 10' XLR Audio Cables ISell to Prospect Heights 3 Comprehensive 25" XLR Audio Cables ISell to Prospect Heights