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HomeMy WebLinkAboutOrdinances - OR$D-18-1919 - 12/17/2018 - Zoning Text Amendment a new Zoning District called Mixed Use DistrictsCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-18-1919 An Ordinance Adopting a Text Amendment to the City of McHenry Zoning an Ordinance adopting a Text Amendment to the City of McHenry Zoning Ordinance adding a new Zoning District Classification called Mixed Use Districts Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois December 17, 2018 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 17th day of December, 2018a Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO, 18- I�l J AN ORDINANCE ADOPTING A TEXT AMENDMENT TO THE CITY OF MCHENRY, ILLINOIS ZONING ORDINANCE ADDING A NEW ZONING DISTRICT CLASSIFICATION CALLED MIXED USE DISTRICTS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been .filed by the City of McHenry requesting a text amendment to the City of McHenry Zoning Ordinance; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on November 14, 2018, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested zoning text amendment; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the zoning text amendment currently requested and approved by this ordinance are consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. That Chapter VI. Office, Industrial, Business Park, Agricultural &Mining Overlay and Health Care Districts is hereby amended by adding thereto the following language: "G. MU Mixed -Use Zoning District The intent of MU Mixed -Use Zoning District is to permit a vertical mix of commercial mix of commercial and residential uses within the same building. The Purpose of the District is: Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • To accommodate a physical pattern of development often found along Lyman streets and in neighborhood commercial areas of older cities; • Accommodate mixed -use buildings with neighborhoods -serving retail, service and other uses on the ground floor and residential units above the nonresidential space; • Encourage development that exhibits the physical design characteristics of pedestrian -oriented, storefront -style shopping streets; and • Promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction. Permitted Uses Artist Live/Work Space located above the ground floor Dwelling Units Located above the ground floor Group Home Day Care Parks and Recreation Public Facilities Utilities and Services Minor Veterinary Artist work or sales space Hotels Medical Service Office Personal Service, including health clubs and gyms Repair Service, consumer, including bicycles Restaurants and eating and drinking establishments Retail Sales, General Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Conditional Uses Artisan (hand -tools only; e.g. jewelry or ceramics) Artist/Live Work Space, ground floor Assembly Uses Assisted/Independent Living Detached house Drive-Thru Facility Multi -dwelling (3+ units) Residential Nursing Home Parking, Commercial (Non -accessory) Single -Room Occupancy Tavern Townhouse Two -Flat Utilities Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Bulk and Setback Regulations Gross Outdoor Min. Min. Minimum Lot Min. Building Floor Operations floor to Floor Area/Dwelling FAR Height Area ceiling Area of comm. Unit height in space come space 15,000 Not 11 feet 800 sf. or 25% of 1,000 sf. 2.0 38-50 feet sf. max Permitted lots w/street frontage of less than 50' or 20% of the lot area on lots with 50 feet/more of street frontage Setbacks: The entire building facade must abut front and/or side street property lines or be located within 10 feet of such property lines. Outdoor seating and display is permitted, as well as stoops. The minimum rear yard setback will vary between 0 and 30% of the lot depth. The setback will depend on lot development patterns in the area. When abutting residential the setback should be greater than when abutting an alley or road where no setback may be required. No interior side yard setbacks are required unless the property abuts aresidentially-zoned property and in that case the minimum side yard setback shall be the same as required for the abutting residential use in the residentially -zoned district. Transparency A minimum of 60-75% of the street- facing building facade between two and eight feet in height must be comprised of clear windows that allows views of indoor space or product display areas; The bottom of any window or product display window used to satisfy the transparency standard of paragraph (1) above may not be more than 3-4.5 feet above the adjacent sidewalk. Product display windows used to satisfy these requirements must have a minimum height of 4 feet and be internally lighted. Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Doors and Entrances Buildings must have a primary entrance door facing a public sidewalk or alternatively a public right-of-way if no public sidewalk exists. Entrances at building corners may be used to satisfy this requirement. Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian -oriented plazas, or courtyard entrances to a cluster of shops or businesses." SECTION 2: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS Ii Y DAY OF (r-t � tN% h o % 12018 AYES: i Z)N' r;enr,4� CACA&'t Pt(cAL( fY\� I inP �Ajk f NAYS: CD ABSTAINED: ABSENT: (�I NOT VOTING: APPROVED THIS N Wayne S Je t Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ATTEST: f' f ! it ��,� `'i�,,.�r�� �,��"?„✓ - s Debra Meadows