HomeMy WebLinkAboutPacket - 09/20/2017 - Community Development Committee McHenr
Community Development Committee
McHenry Municipal Center Classroom
333 S Green Street
McHenry,IL 60050
September 20, 2017, 7:00 PM
AGENDA
1. Call to Order
2. Public Comment: Any person wishing to address the Committee will be asked to
identify themselves for the record and will be asked but are not required to
provide their address. Public comment may be restricted to three-minutes for
each individual speaker. Order and decorum shall be maintained at public
meetings.
3. Motion to approve the August 29, 2016 Community Development Committee
Meeting Report.
4. Motion to approve the October 10, 2016 Community Development Committee
Meeting Report.
5. Motion to approve the August 14, 2017 Community Development Committee
Meeting Report.
6. Discussion on Amendments to the Zoning Ordinance and Municipal Code to
allow backyard chickens within city limits.
7. Department updates.
8. Motion to adjourn the meeting.
The City of Mc//emy is dedicated to providing its citizens,businesses,and visitors with the highest quality of programs
and services in a customer-oriented,cfficient,and fiscal y responsible manner.
COMMUNITY DEVELOPMENT COMMITTEE
MEETING REPORT
August 29, 2016
McHenry Municipal Center
In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson and
Alderman Santi. Absent: None. Also in Attendance: Alderman Glab, Alderman Curry,
Alderman Schaefer, City Administrator Morefield, Director of Community Development
Polerecky, City Clerk Jones and Helen Glab.
1. Call to Order
Chairman Alderman Condon called the meeting to order at 7:00 pm.
2. Public Input
None.
3. Motion to approve the July 11, 2016 Community Development Committee Meeting
Report
Motion by Santi, second by Peterson, approving the July 11, 2016 Community Development
Committee Meeting Report.
Voting Aye: Condon, Peterson, Santi
Voting Nay: None
Absent: None
Motion carried.
4. Discussion of Proposed Amendments to the McHenry Zoning Ordinance, Chapter
XII Performance Standards, regarding sound and lighting standards and direction
to forward the matter to the Planning and Zoning Commission for consideration
Director of Community Development Polerecky informed the Committee that Staff has received
an increasing number of calls from residents regarding light pollution from neighboring property.
Director Polerecky stated that while lighting concerns motivated Staff to review the Ordinance,
Staff also ascertained that it would be prudent to review the Sound Ordinance in conjunction
with review of the Light Ordinance.
Director Polerecky provided the Committee with a summary of the changes recommended for
presentation to the Planning and Zoning Commission: He noted that changes are a result of
Staff s review of the current Ordinances and having researched and obtained information from
surrounding communities.
Responding to an inquiry by Chairman Alderman Condon regarding whether there have been
any complaints from residents regarding the high school football games, Director Polerecky
stated that he is not aware of any.
Responding to Alderman Santi's inquiry regarding resident vs resident conflicts, Director
Polerecky noted that resident issues were determined by the City's Nuisance Ordinance.
Additionally, in response to Alderman Santi's inquiry about how a foot candle is measured,
Director Polerecky explained the process.
Community Development Committee Meeting Report
August 29, 2016
Page 2
Mr. Ron Reber, resident at 3916 West Avenue addressed the Committee. Mr. Reber stated that
he has been a resident of McHenry in excess of 14 years. He informed the Committee that there
are a number of issues concerning the basketball court across from his home, not just the lighting
(which he believes is due to the sight barrier not being installed this year), but cars parked on
resident's lawns, noise late into the night and debris left in residents' yards. Mr. Reber voiced
concerns regarding property value in the area. Mr. Reber noted that at time the light from the
basketball court shines into his home quite brightly. He requested that, if possible, he would like
to see the basketball court locked up at 9:00 pm nightly. City Administrator Morefield assured
Mr. Reber that he would alert the McHenry Policy Department regarding enforcement at the
basketball court. Director Polerecky thanked Mr. Reber for bringing these issues to his attention.
He assured Mr. Reber that he would work to make sure that the lights at the basketball court are
off at the appropriate time and that the Police Department checks on compliance.
Alderman Schaefer noted that it was his understanding that the basketball court had recently
been resurfaced. Mr. Reber noted that it was recently resurfaced which has increased attendance
at the basketball court, including a lot of skateboarding. Director Polerecky noted that
skateboarding is not permitted at the basketball court.
Alderman Santi requested assurance that the sound readings are taken at a time of high
construction activity. Addressing an inquiry from the Committee, Director Polerecky stated that
construction is not permitted to begin until 8:00 am on Saturday and that no construction is
permitted on Sunday.
Regarding the sound issues and deletion of Table 22, Alderman Curry inquired if sound was still
graded according to frequency. Alderman Curry expressed concern because most sound is
middle frequency and at"70"would be a large increase or a higher sound level,which could be a
problem. Director Polerecky stated that Staff based their determination on the Ordinances in
surrounding communities due to ease of measurement. Director Polerecky inquired if the
Committee would be more comfortable if Staff researched the matter further, prior to submission
to the Planning and Zoning Commission. Alderman Schaefer opined that ambient noise has to be
considered also. He noted that it is difficult to determine "sound" and "glare" so there must be
some sort of standard. A brief discussion ensued.
Motion by Santi, second by Peterson, directing Staff to move forward with the revisions to the
Lighting and Sound Ordinance for presentation to the Planning and Zoning Commission, as
presented.
Voting Aye: Condon, Peterson, Santi
Voting Nay: None
Absent: None
Motion carried.
Community Development Committee Meeting Report
August 29, 2016
Page 3
5. Discussion Regarding Video Gaming Regulations
City Administrator Morefield addressed the Committee. He reiterated that in 2009 the Illinois
General Assembly approved the Video Gaming Act (the "Act"), allowing municipalities the
opportunity to allow video gaming within their corporate limits. Prior to approval, video gaming
was automatically prohibited if current ordinances banned gaming without any exception for
video gaming devices. City Administrator Morefield stated that the Act permits Video Gaming
Terminals ("VGT") to be placed in "Licensed Establishments, Licensed Fraternal
Establishments, Licensed Veterans Establishments and Licensed Truck Stop Establishments."
City Administrator Morefield provided the Committee of the various definitions for what
constitutes a VGT and each type of establishment where those terminals could be legally located
in accordance with Illinois State Statutes.
City Administrator Morefield informed the Committee that the Illinois Gaming Board ("IGB") is
responsible for implementing and regulating video gaming and adopting administrative rules
governing operation and regulation of the same. There is an extensive licensure approve process,
background investigation and financial disclosure requirements of each person/entity having, or
who will have, direct ownership interest in the video gaming operation. The IGB and its agents
have unrestricted access to enter the premises or motor vehicle of any licensee or applicant
where evidence of compliance or noncompliance exists with provided included in the Act.
A maximum of five (5) VGT are permitted by statute. City Administrator Morefield outlined the
location restrictions that apply to businesses/establishments seeking to be licensed by the IGB.
City Administrator Morefield reiterated to the Committee that on June 18, 2012 the Finance and
Personnel Committee discussed video gaming and unanimously directed Staff to prepare
proposed amendments to the Zoning Ordinance and Municipal Code for consideration by full
Council. On July 16, 2012, Council took up the issue of video gaming and adopted, by a votes of
5 ayes to 1 nay, with 1 abstention (Ordinance No. MC-12-1053), amending Chapter 9 of the
Municipal Code to allow video gaming. This included the implementation of a process for
obtaining licensure and a$100 Annual License Fee,per video gaming terminal.
Director Morefield informed the Committee that he has run some numbers and as of August 15,
2016, the City has twenty five (25) active video gaming licenses, which include 111 video
gaming terminals. Of the 25 licenses, two are veteran organizations and the remaining are
businesses. Of the 25 licenses, only three (3) can be identified as "video gaming cafes," which
have been established since July 2012:
• Lucky Poker(5 terminals);
• Betty's Bistro (5 terminals); and
• Stella's Place (5 terminals).
Community Development Committee Meeting Report
August 29, 2016
Page 4
Additionally, currently three (3) establishments that have been approved by the City for a liquor
license and are awaiting licensure by the State of Illinois for gaming. These include:
• The Sports Page Bar&Eatery;
• Lacey's Place (Diamond Drive); and
• Meat&Potato Eatery.
Once a liquor license has been issued by the City an establishment can apply to the State of
Illinois for a Gaming License.
City Administrator Morefield informed the Committee that since amending the Ordinance in July
2012, the City has realized an estimated $663,121.65 in revenues (the City received 5%) from a
combination of video gaming receipts and the Annual License Renewal Fee of $100 per
machine.
Alderman Sand expressed concerns regarding the specific size of establishments, and the service
of food and liquor, relative to gaming. He suggested:
1. Higher fees for a Gaming License issued by the City;
2. Establishments based on square footage;
3. Limiting the number of machines; and
4. Connecting the Gaming License to the Liquor License.
Alderman Santi opined that it would have been helpful if the City Attorney was in attendance to
explain the legality of some suggestions. Chairman Alderman Condon stated that the attendance
of the City Attorney was unnecessary because tonight's topic is for discussion purposes only.
Director of Community Development Polerecky stated that Staff is struggling with why video
gaming has become a concern and how Staff is expected to address issues expressed by some
members of the Council.
Alderman Peterson inquired about how Staff could be expected to regulate what is considered a
"full" kitchen. He opined it is appropriate to look at the Gaming Licensing process through the
Liquor Licensing process because the City has the ability to limit Liquor Licenses. Alderman
Peterson suggested a moratorium on liquor licenses, unless there is a legitimate restaurant where
70% of the business is food service.
Chairman Alderman Condon concurred with Alderman Peterson regarding the licensing being
regulated through the Liquor License process, however, she opined that it is inappropriate to
limit someone's activity and she believes Staff conducted due diligence when the Ordinance was
originally established.
Alderman Schaefer opined that it appeared that the Video Gaming License process in the City of
McHenry appears to begin with a request for a Variance, and then a request for a Liquor License.
Community Development Committee Meeting Report
August 29, 2016
Page 5
He suggested the Liquor License be proposed initially. Alderman Schaefer stated that Council
needs to make a determination, in order to give clear direction to Staff, about what specifically
about video gaming establishments is at issue and what is opposed.
Alderman Schaefer noted that specifically the issues he has concerns with are:
1. The number of new establishments. It has become apparent that some of the
current business owners that do not have liquor licenses are concerned about the
competition.
2. Some of the video gaming establishments have food on the menu and are selling
food,but are not actually restaurant.
3. Would like to see a limit on the "cafe" style establishments offering video
gaming.
4. Suggested changing/increasing the fee for the video gaming terminals.
5. With the current parameters concerned that video gaming terminals will begin to
show up at large gas stations and truck stops.
City Administrator Morefield stated that Staff is concerned that changing the fees would have an
impact on current business owners or potential establishments that might have an interest in
opening in the City of McHenry.
Alderman Glab inquired about whether the City of McHenry had zoning for a truck stop
establishment. Director Polerecky informed the Committee that truck stops are permitted in the
C-5 Zoning District. Alderman Glab suggested looking into the criteria the State of Illinois is
using. Alderman Glab recommended a Conditional Use. Director Polerecky opined that a
Conditional Use in a Zoning District might prove too restrictive. Alderman Glab suggested
limited Liquor Licenses to restaurants with a certain number of seating capacity. Director
Polerecky noted that business owners are knowledgeable and aware that the City's Ordinances
permit certain Variances and Staff is not in a position to deny an applicant that requests a
Variance.
City Administrator Morefield stated that some communities have established certain zones for
video gaming and have lost business in the community.
Alderman Curry expressed concerns regarding what the City of McHenry will look like if video
gaming establishments continue being approved. Alderman Curry stated that he has no issues
with video gaming per se, but with the video gaming "cafe" type establishment that appears to be
growing in the City. Alderman Curry opined that he supports establishments that can survive
without video gaming. Alderman Curry suggested establishing some rules in the Liquor License
procedure, or related to the size of the establishment, that would create a defining structure.
Director Polerecky stated that Staff has been provided tonight with many options to explore. He
stated that it would be challenging for the City to limit the video gaming establishments
according to a specific Zoning District.
Community Development Committee Meeting Report
August 29, 2016
Page 6
Chairman Alderman Condon acknowledged that everyone desires a balanced community, the
discussion tonight has been beneficial and all the points expressed have been valid. She stated
the following appears to be a common thread:
• Control:
o Truck stops are a new concept. Chairman Alderman Condon requested Staff
conduct research on zoning and truck stops.
• Regulating:
o The Gaming License is currently linked to a Liquor License determined by
Council.
■ Increasing the fees for each video gaming terminal.
■ Limiting video gaming establishments to a particular Zoning District.
■ Limiting a Gaming License to the establishment's percentage of income or
seating capacity.
■ Limiting signage.
City Administrator Morefield responded to Alderman Peterson's inquiry requesting clarification
of what defines a"Liquor License."
Alderman Curry suggested the following limitations on video gaming cafes:
1. Three(3) video gaming terminal limit;
2. The video gaming terminals cannot be seen from the window of the establishment;
3. No additional video gaming terminals can be requested following licensing;
4. An increase in the fees for video gaming terminals; and
5. All establishments must agree to the terms set out by Council.
Chairman Alderman Condon stated that the Council currently has an avenue to deny a Gaming
License through the Liquor License process. She stated that the issue remains that the Committee
must give Staff direction regarding how to revise the regulations concerning the "video cafes,"
except through the current Liquor License process. Chairman Alderman Condon asked if there
was consensus among the Committee to give Staff any specific direction regarding procedurally
doing anything differently than that is being done now regarding video gaming. Alderman Santi
responded that if anything specific came to mind he would notify Director of Community
Development Polerecky.
6. Department Updates
There were no Department Updates.
Chairman Alderman Condon informed the Committee that the next meeting of the Community
Development Committee is scheduled on Monday, October 10, 2016, at 7:00 pm in the
Municipal Center Council Chambers.
Community Development Committee Meeting Report
August 29, 2016
Page 7
7. Adjournment
There being no further business to discuss. Motion by Peterson, second by Santi to
adjourn the meeting at 8:50 pm.
Voting Aye: Condon, Peterson, Santi.
Voting Nay: None
Absent: None
Motion carried.
Reviewed and Approved:
Alderman Geri Condon, Chairman
COMMUNITY DEVELOPMENT COMMITTEE
MEETING REPORT
October 10, 2016
McHenry Municipal Center
In Attendance: Committee Members: Chairman Alderman Condon and Alderman Santi.
Absent: Alderman Peterson. Also in Attendance: Director of Community Development
Polerecky, City Clerk Jones. Public in Attendance: Mr. Chris Bennett.
1. Call to Order:
Chairman Alderman Condon called the meeting to order at 7:07 pm.
2. Public Input:
None.
3. Discussion on Residential Teardown and Infill Ordinance
Director of Community Development addressed the Committee stating in August 2005, the City
of McHenry adopted a Residential Teardown and Infill Lot Ordinance. The purpose and intent of
the Ordinance was to regulate the height and building coverage of single-family detached
dwelling units in existing neighborhoods and to foster and preserve the nature, character and
quality of existing neighborhoods. Since the adoption of the Ordinance, it has only been used one
time, in 2014. During the approval process in 2014, there were many items identified in the
current Ordinance that required simplification or clarification, including lot coverage and setback
requirements.
Director Polerecky noted that with the collapse of the housing market and new home sales
faltering in the mid-2000's, a few subdivisions in the City of McHenry were left partially
completed with a number of empty lots. The current Ordinance defines "infill" lot as any lot that
has been vacant for a minimum of ten years. All of the approved, but unfinished subdivisions in
McHenry have now reached the ten year mark. Under the existing Ordinance every buildable lot
in those subdivisions would have to go before the Teardown and Infill Committee for review and
approval prior to a Building Permit being issued.
Director Polerecky noted that recently the Community Development Department had interest
expressed in other infill lots within the City of McHenry. In each case, after giving the building
the information on the procedures that must be followed pursuant to the Teardown and Infill
Ordinance, the builder chose not to buy a lot in the City of McHenry. Potentially, the teardown
and infill approval process could take as long as three months, requiring plans and elevations that
the Committee must review and approve. Upfront costs of supplying plans and time of the
approval process both played a role in the decision of the developers not to pursue the purchase
of property in the City of McHenry.
Director Polerecky stated Staff is looking for recommendations from the Committee to pursue
revisions to the Teardown and Infill Lot Ordinance. Staff would then present the changes,
revisions and updates to the Committee for review at a future meeting.
Community Development Committee Meeting Report
October 10, 2016
Page 2
Responding to an inquiry from the Committee, Director Polerecky answered the City does not
have a Historic Preservation Plan.
Chairman Alderman Condon noted that there is an extensive amount of verbiage that requires
revising and updating the Ordinance. She inquired about the possibility of the Community
Development Committee being utilized in place of the Teardown Committee.
Director Polerecky suggested if the regulations are presented properly, the Teardown Ordinance
Guidelines criteria could fit comfortably within the Zoning Ordinance, encouraging building in
the community. The Ordinance requires a complete review. He stated that he would like to do it
properly and consequently, will take some time. Responding to Chairman Alderman Condon's
inquiry regarding whether it would be the specific Ordinance, but with a simplified process,
Director Polerecky responded affirmatively.
Director Polerecky noted that every teardown must go before the Landmark Commission and he.
is supportive of their input. He suggested making some immediate text amendments that would
exempt some pre-1995 property. Chairman Alderman Condon was supportive of the suggestion
so as to not inhibit any prospective building.
Alderman Santi opined that the current Ordinance definitely requires simplification. He noted a
lot of redundancy. Alderman Santi suggested addressing the issue of multiple lots and he would
like the opportunity to re-read the document thoroughly.
Director Polerecky said the only issue could be Architectural Standards that apply to
subdivisions, but opined that Staff feels the Ordinance could be simplified while still serving the
public interest. He does not believe the Ordinance is likely to be used frequently.
Chairman Alderman Condon opined that she would like the visuals and graphics to remain as
part of any revisions to the Ordinance.
Director Polerecky inquired if the Committee would like to recommend text amendments at this
time. He does not believe immediate text amendments are necessary, as no building is taking
place during the winter and suggested Staff could work on revisions to the Ordinance and bring
them back to Committee for review at the next meeting.
4. Department Updates
Director of Community Development Polerecky informed the Committee:
• The Heritage Oaks project is moving forward;
• Ricky Rockets is anticipated to be before Council in early 2017;
• Plans for the Dunkin' Donuts project are currently being reviewed;
• Uprooted is moving forward rapidly with the restaurant portion of the renovation and the
signage is now in compliance with the City Ordinances;
Community Development Committee Meeting Report
October 10, 2016
Page 3
• The Community Development Department files are being updated and scanned. It is
expected Department files will be 100% digital in 2017, allowing for more rapid access
to information; and
• Staff has been busy addressing campaigns signs that have been posted unlawfully.
Director Polerecky provided the Committee with a summary of Occupancy Permits and Code
Enforcement Totals to date and by category.
A brief discussion ensued regarding the schedule of meetings for the Community Development
Committee in 2017. It was determined that the meetings would remain on Monday, when there is
no Council meeting, until April 2017. Director Polerecky will provide the Committee with a
calendar of potential meetings in 2017 for review.
5. Adjournment
There being no further business to discuss. Motion by Santi, second by Condon to adjourn the
meeting at 8:04 pm.
Voting Aye: Condon, Santi.
Voting Nay: None.
Absent: Peterson.
Motion carried.
Reviewed and Approved:
Alderman Geri Condon, Chairman
COMMUNITY DEVELOPMENT COMMITTEE
MEETING REPORT
August 14, 2017
McHenry Municipal Center
In Attendance: Committee Members: Alderman Santi and Alderman Devine. Absent:
Chairman Alderman Condon. Also in Attendance: Director of Community Development
Polerecky, and Deputy Clerk Geraghty.
Public Attendance: None.
1. Call to Order.
In Chairman Condon's absence, the meeting was called to order by Alderman Santi at
7:00 PM.
2. Public Comment.
None.
3. Motion to approve the March 27, 2017 Community Development Committee
Meeting Report.
Alderman Devine made a motion, seconded by Alderman Santi to approve the meeting
report. All ayes, motion carried.
4. Motion to approve 2017 Community Development Committee meeting dates.
Director Polerecky presented possible meeting dates for the remainder of 2017. He noted
the schedule for the remainder of FY17/18 would be determined in November after
Council approves a Resolution establishing the 2018 City Council meeting schedule.
Dates presented were:
Monday, September 18 5:30 PM
Monday, October 23 7:00 PM
Monday,November 13 7:00 PM
Monday, December 11 7:00 PM
The Committee agreed to the dates proposed with the exception of the September
meeting, which they agreed to change from the 181h to the 191'. All dates subject to
Alderman Condon's availability.
5. Review of 2017/18 Community Development Goals.
Director Polerecky provided the Committee with the following list of department goals
and committee topics for discussion for FY 2017/18.
December:
Rental Inspection Program. In March 2012, the city adopted an ordinance requiring
registration of all residential rental units. The purpose of the ordinance is to provide the
city with accurate contact information for notification purposes in the event a rental
property does not comply with the code or zoning ordinance. Currently, there are 2,239
rental units in the city's database. The 2010 census shows 2,356 renter occupied
dwellings.
Community Development Committee Meeting Report
August 14, 2017
Page 2
Director Polerecky stated the Community Development Department is exploring the idea
of expanding this registration program to perform inspections on rental properties. If the
committee agrees, a complete analysis of the number of rentals with the number of code
violation on rentals will be performed and presented to the committee in December.
Alderman Santi was in favor of the proposal adding it is good so many rental properties
are registered with the city. An inspection procedure would allow the department to
reach out easily to property owners about maintenance issues.
Alderman Devine asked how the city enforces maintenance issues. Director Polerecky
said currently, most owners receive two to three letters requesting compliance before a
ticket is issued. However, depending on the frequency of violations at the address or the
severity of the violation, the owner may be issued a ticket as soon as the violation is
detected.
Alderman Devine was concerned how the city would approach the people living in the
home and Director Polerecky said a notice would be sent to the property owner asking
them to reach out to their tenant to set up an appointment with a city inspector. The
inspection would take place only with the tenant's consent.
Director Polerecky said the department would create a checklist for inspections that
would include only life/safety items such as smoke and CO2 detectors, escape windows,
electrical and plumbing.
Alderman Devine asked what the city would do if a tenant does not let the inspector in
the house. Director Polerecky agreed this could happened and if it does, we would have
to work with them.
Alderman Santi asked if code violations increase in the spring and summer months.
Director Polerecky answered yes; generally, people are indoors more in the winter
months and do not notice violations, especially long grass and weeds until spring. He
informed the committee the department would benefit with the addition of another code
enforcement officer, at least part-time in the summer months. Currently, the inspectors
help as much as they can being careful not to take too much time away from their regular
job duties. Director Polerecky added that newly hired inspector David Watkins is
experienced with the rental registration process from his position with the Village of Fox
Lake.
,It was agreed this topic would be brought to the Committee for discussion in December.
September:
Animals and Fowl Ordinance. Director Polerecky informed the committee that several
residents requesting an amendment to the Animals and Fowl Ordinance to allow chickens
in residential districts have contacted the city. An amendment to allow chickens was
denied by the Council in 2011. Alderman Santi asked how many residents are actively
pursuing this amendment. Director Polerecky answered seven. Alderman Devine asked
how many other towns allow chickens. Director Polerecky stated if the committee
Community Development Committee Meeting Report
August 14, 2017
Page 3
wishes to pursue this topic, he would research ordinances in other municipalities and
present his findings to the committee in September. A discussion ensued on the impact
chickens could have in high-density areas.
It was agreed this topic would be brought to the Committee for discussion in September.
October:
Real Estate Transfer Tax. Director Polerecky informed the committee that a tool many
municipalities use to track real estate transactions is through the use of a local transfer tax
or stamp, which is basically a transaction fee imposed on the transfer of property. This
process allows municipalities to gain accurate data on home and business owners in a
timely manner. In addition to determining whether the property is a primary residence or
income property. Alderman Santi noted if this would benefit rental inspections, than this
would be a positive action. Director Polerecky further stated accurate ownership
information would also assist with code enforcement efforts. Alderman Devine asked if
other towns in the county impose this fee and Director Polerecky answered no adding he
would recommend a minimal fee, as he is not proposing a new source of revenue,just a
method of obtaining accurate property owner information.
Alderman Devine suggested that perhaps the city could require a registration form to be
completed at all property closings within the city. Director Polerecky said it could be
possible to require just notification with no fee involved.
Garbage Receptacles. The city's current ordinance requires garbage receptacles to be out
of the public plain view. Director Polerecky is proposing an amendment to the ordinance
to permit the receptacles be placed or stored behind the front of the building.
Develop a Code Enforcement Strategy. Director Polerecky reported a Code Enforcement
Strategy is created with three primary objectives; detailed practical strategies to prevent
code violations, tools the city may use to achieve compliance and policies that direct day-
to-day decision-making. Guidelines would be created for department staff use to
promote consistency in enforcement citywide.
It was agreed these topics would be brought to the Committee for further discussion in
December.
January:
Create Focus for a Community Development Involvement Committee.
Director Polerecky stated he and Mayor Jett have discussed the creation of a community
involvement committee comprised of volunteers from the community to help with small
city projects and other projects that may benefit the community as a whole.
Alderman Devine stated it would be good idea to involve the schools and local
businesses. He added this could benefit anyone including seniors who needs help with
maintenance issues such as fence repairs. Alderman Santi suggested getting sponsorship
for paint, trash bags, etc.
Community Development Committee Meeting Report
August 14, 2017
Page 4
It was agreed this topic would be brought to the Committee for discussion in January.
February:
Review and Analysis of the current Community Development Fee Structure. A review of
fees for building permits, plan review, inspections and certificates should be done often
to make sure the fees are in line with the actual time spent on each particular item. The
last time the department performed a fee comparison was in 2010. If changes to the fee
structure were recognized, implementation would take place on May 1, 2018.
Alderman Santi suggested comparisons be performed in communities of similar size to
McHenry outside of McHenry County. Director Polerecky agreed stating he would
include the towns of Grayslake and Mundelein. Alderman Devin asked when the
proposed rates would go into effect and Director Polerecky answered at the start of the
next fiscal year.
It was agreed this topic would be brought to the Committee for discussion in February.
6. Department Updates.
• Director Polerecky reported Inspector David Watkins joined the department
replacing Bill Regner who retired in June. Dave has 15 years of experience. He
was previously employed with the Village of Fox Lake and McHenry County.
• Construction of Dunkin Donuts on Oak& Route 31 is underway.
• Plans are being finalized for the Ricky Rockets development.
• Roadway improvements at White Oaks of McHenry are nearly completed.
• The new Coldwell Banker project is on hold.
• The 2020 Census will begin soon.
• No flooding was identified in McHenry for the IEMA Damage Assessment. The
city incurred minor costs such as a generator rental. Federal funding could be
available for victims of the recent floods.
• The McHenry Theater project is progressing.
• A permit for renovations submitted by Hidden Pearl in the former Some Other
Nuts is under review.
Alderman Devine noted that after several years being vacant, he is pleased to see that the
home at 1902 Sunset is finally being renovated.
Alderman Santi asked if the excavating soil issue in Country Club is resolved, Director
Polerecky answered he spoke with them today, and they are working with the city to
resolve the matter.
Alderman Devin said he noticed the mound of direct located on the empty lot behind
Dunkin Donuts on Elm Street was leveled. Director Polerecky said he was not aware of
this and that perhaps the owner is just cleaning up the lot.
Community Development Committee Meeting Report
August 14, 2017
Page 5
7. Adiournment.
There being no further business to discuss. Motion by Santi, second by Devine to adjourn
the meeting at 7:50 pm.
Voting Aye: Santi, Devine
Voting Nay: None
Absent: Condon
Motion carried.
Reviewed and Approved on the day of 12017.
Alderman Geri Condon, Chairman
Department of Community&
Economic Development
Ross Polerecky, Director
McHenry Municipal Center
333 Green Street
McHenr v
McHenry, Illinois 60050
Phone: (815) 363-2182
Fax: (815)363-2173
rpolerecky@ci.mchenry.il.us
Community Development Committee
Agenda Supplement
DATE: September 20, 2017
TO: Community Development Committee
FROM: Ross Polerecky, Director of Community Development
RE: Discussion on Amendments to the Zoning Ordinance and Municipal Code to
allow Residential Chickens
Attached: Survey of other Communities and various CDC and Planning and Zoning meeting
reports.
Background: In 2011, the Community Development Department did extensive research into
allowing backyard chickens within city limits. The process included research and presentation to
the Community Development Committee, Planning and Zoning Commission, and the City Council.
The results of these meetings included a consensus by the committee to move forward with text
amendments. The motion failed at the Planning and Zoning hearing as well as the City Council,
all of these meeting minutes have been attached. The main reason for bringing this item back
to the committee is the continued inquiry from residents in support of allowing backyard
chickens.
Staff has fielded numerous phone calls from residents over the last year in support of allowing
chickens. In the attached newspaper article,these residents state the city was to revisit the topic
after one year.
There are no communities, other than unincorporated McHenry County,within McHenry County
that allow for backyard chickens, multiple communities have taken the same path as McHenry
with presenting to the City Council, all with the motion failing. Attached is a list of communities
that allow and disallow backyard chickens.
Analysis: If the committee decides to move forward with text amendments to allow backyard
chickens it is recommended that the text amendments be forwarded to the full City Council for
2
Department of Community&
Economic Development
Ross Polerecky, Director
McHenry Municipal Center
333 Green Street
M�Henr McHenry, Illinois 60050
Phone: (815) 363-2182
Fax: (815) 363-2173
rpolerecky@ci.mchenry.il.us
discussion priorto a Public Hearing before the Planning and Zoning Commission. If the committee
were to decide to pursue this further, staff is recommending the same amendments that were
presented in 2011. This proposal included a one-year trial with a maximum of ten (10) licenses
issued. At the conclusion of the trial program, city staff would then present an update to the City
Council and seek direction for moving forward. Below are text amendments that were presented
in 2011. Also included in the attached documents are other zoning requirements and licensing
procedures.
1. A maximum of ten (10) licenses shall be issued during the first year of the program, with a
waiting list for any additional requests.
2. A minimum setback of 10-feet from all property lines shall be required for chicken coops
and runs.
3. A violation provision shall be added to the Settlement of Offenses Section of the
Municipal Code.
Staff Recommendation: Staff has concerns with the amount of time that would need to be
invested in enforcing this ordinance if passed. Staff is currently working on a rental inspection
program that is a priority for not only staff but also multiple Council members. If a backyard
chicken ordinance were passed it would take away valuable time needed to implement and
enforce a rental registration program that would be a great benefit to the city.
3
Backyard Chicken Survey
McHenry County
Algonquin, IL Prohibits Chickens
Crystal Lake, IL Prohibits Chickens
Fox River Grove, IL Prohibits Chickens
Huntley, IL Prohibits Chickens
Lake in the Hills, IL Prohibits Chickens
Lakewood, IL Prohibits Chickens
McHenry, IL Prohibits Chickens
Prairie Grove, IL Prohibits Chickens
Woodstock, IL Prohibits Chickens
Other Municipalities
Batavia, IL Allows Chickens
Downers Grove, IL Allows Chickens
Elgin, IL Allows Chickens
Evanston, IL Allows Chickens
Grayslake, IL Allows Chickens
Naperville, IL Allows Chickens
Northbrook, IL Allows Chickens
Northfield, IL Allows Chickens
Oak Brook, IL Allows Chickens
Oak Park, IL Allows Chickens
St Charles, IL Allows Chickens
Bartlett, IL Allows Chickens
Burr Ridge, IL Allows Chickens
Long Grove, IL Allows Chickens
-- West Dundee,-IL Allows Chickens
Aurora, IL Prohibits Chickens
Barrington, IL Prohibits Chickens
Buffalo Grove, IL Prohibits Chickens
Carpentersville, IL Prohibits Chickens
Des Plaines, IL Prohibits Chickens
Itasca, IL Prohibits Chickens
Lincolnshire, IL Prohibits Chickens
Lincolnwood, IL Prohibits Chickens
Mount Prospect, IL Prohibits Chickens
Libertyville, IL Prohibits Chickens
Round Lake, IL Prohibits Chickens
Round Lake Beach, IL Prohibits Chickens
Schaumburg, IL Prohibits Chickens
Schiller Park, IL Prohibits Chickens
Skokie, IL Prohibits Chickens
Streamwood, IL Prohibits Chickens
Villa Park, IL Prohibits Chickens
Wheeling, IL Prohibits Chickens
COMMUNITY DEVELOPMENT COMMITTEE MEETING
Tuesday,February 22,2011
Aldermen's Conference Room, 7:00 p.m.
In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson
and Alderman Santi. Absent: None. Also in Attendance: Deputy City Administrator Martin,
Construction and Neighborhood Services Director Schwalenberg and City Clerk Jones.
Also in Attendance: Mr. and Mrs. Adrian Plante, 1207 Broadway, McHenry, Illinois
(gogreenwithenvi@gmail com)
Mr. Ed Fuhrmann, 214 Sprucewood Ct., Round Lake Beach, Illinois
(thefuhrmanns@sbcglobal net)
Mr. Don Jarrett, 912 N. Cedar Lake Road, Round Lake Beach, IL
Chairman Alderman Condon called the meeting to order at 7:05 p.m.
_Public Input Session
No one signed in for Public Input Session.
_Discussion Regarding Residential Chickens
Deputy Administrator Martin informed the Committee that many communities across the
country, as well as in the Chicagoland region, have wrestled with allowing backyard chickens
(hens only/roosters prohibited) in single-family residential neighborhoods. In the Chicagoland
region communities appear to be split down the middle between allowing chickens in residential
areas and prohibiting chickens in these areas.
Deputy Administrator Martin provided the Committee with information regarding frequently
asked questions, common myths, misconceptions and realties, as well as a Chicken Ordinance
Survey, which was completed last year by students at DePaul University. The survey included
twenty municipalities from across the nation and focused primarily on ordinance
implementation enforcement violations and complaints-from the communities__in the_focus.._
group.
Deputy Administrator Martin provided the following reasons he discovered during his research
on why people are interested in having chickens:
• They are decent pets
• They lay eggs which are fresh and more nutritious than eggs which come from a factory
setting (33% less cholesterol, 25% less saturated fat, 66% more Vitamin A, twice as
much Omega 3 fatty acids, three times as much Vitamin E and seven times more beta
carotene than eggs purchased from the grocery store);
• They control bugs in the yard;
• They produce high nitrogen fertilizer;
• They are an educational tool for children;
• Commercial chicken production is inhumane;
• Less chemical usage and potentially a reduction in ground water contamination;
• Reduction in air pollution related to transporting the end-product; and
Community Development Committee Meeting
February 22, 2011
Page 2
• Sustainability.
Deputy Administrator Martin provided the following list of objections to having chickens in
residential areas:
• Increase in predators;
• Health risks (avian flu and salmonella);
• Rodent attraction;
• Dirt, noise and odor concerns;
• Chickens may roost on neighboring fences or escape onto neighboring property;
• Possibility of slaughter;
• Irresponsible caretakers; and
• Selling of surplus eggs out of a home.
Deputy Administrator Martin informed the Committee that since 2008 the City has received four
complaints; regarding chickens, ducks and roosters in residential areas. Currently, in accordance
with Chapter Six of the Municipal Code, entitled Animal and Fowl, chickens are among the
animals that are not permitted within the corporate limits of the City. While many communities
are dealing with the issue of permitting chickens in single-family residential zoning districts,
some communities prohibit them outright including:
• Mount Prospect;
• Skokie;
• Lombard;
• Glendale Heights;
• Schaumburg.
Of those communities that permit chickens, some have ordinances that are very restrictive and
make it nearly impossible to comply such as:
• Village of Wood Dale (permits chickens as long as they are at least 450 feet from any
neighboring residence);
- -- • Village of Oak Brook(permits chickens only on lots ten acres or larger);
• Village of Itasca and Village of Westmont (permit chickens, but require a 150-foot
setback from neighboring residences);
• Village of Arlington Heights (permits chickens, but requires a letter from a licensed
veterinarian certifying they are safe and a rabies shot is required if the potential for rabies
exists and residents are limited to two); and
• City of Wheaton (only allows chickens as part of a 4-H educational program and only for
a period of no more than 90 days).
Deputy Administrator Martin opined that communities permitting chickens with "reasonable
restrictions"include:
• Evanston;
• Warrenville;
• Chicago;
• Madison;
• Decatur;
Community Development Committee Meeting
February 22, 2011
Page 3
• Downers Grove;
• Naperville; and
• West Dundee
Some of the commonalities in regulations within these communities include:
• Up to four hens permitted per site (no roosters allowed);
• Requiring a 20-75 foot setback from any property line;
• All coops, pens, chicken runs and yards must be kept clean; some require cleaning every
24 hours (which would be difficult to enforce);
• Chickens must be entirely confined in a pen, coop, building or other enclosure at all
times;
• Chicken runs and coops are not permitted in a home or attached garage;
• Chicken coops are treated as accessory structures for zoning purposes;
• Coops are required to ensure protection from weather for the chickens, particularly
during cold temperatures;
• Lot size of 10,000 square feet, or larger;
• Coop standards and inspections required;
• Feed must be kept in rodent-proof containers when not being used;
• Selling of eggs commercially out of the residence is prohibited; and
• Slaughter of the chickens is prohibited.
Regarding whether or not a lot size should be imposed, Deputy Administrator Martin stated that
for discussion purposes, if there is a lot size of 10,000 square feet required, chickens would
generally be limited to RS-2, RS-1, RS-lA (none currently exist) and E zoning districts. He
noted there are currently no subdivisions with E zoning, only individual parcels. Lot sizes RS-3
and RS-4 are typically less than 10,000 square feet. It is Staff s opinion that minimum lot size is
not a crucial issue. Setbacks from neighboring properties are more of a concern in terms of
noise, odor and unsightliness. Requiring minimum setbacks on any lot size is an alternative to
permit more homeowners the opportunity to have backyard chickens.
Staff recommends consideration of the following when contemplating an ordinance to allow
residential chickens:
• Limiting chicken coops to the buildable area of a lot with a minimum setback from
neighboring properties. This would ensure that coops could not be located in a required
yard or building setback area. Staff would likely recommend treating the coops similarly
to a doghouse or other inhabitable structure and not as an accessory structure.
• Staff would recommend concentrating regulation on the following:
o Location of coops/runs;
o Number of chickens/coops permitted on one lot
o Height of chicken coop;
o Ensuring coops are fully enclosed and weatherization/electricity is provided;
o Ensuring coops are stable and will not fall apart or be destroyed during rain, high
winds or snow.
Community Development Committee Meeting
February 22, 2011
Page 4
o Ensuring coops meet the required building code standards for winds and snow
loads. This would require the structures to be designed to sustain 90-mile per
hour winds and to withstand 25 pounds per square foot of snow load.
• Staff recommends an annual licensing requirement to track the location and number of
residential chickens in the community for property maintenance and code enforcement
issues and to ensure chicken coops and runs are setback and located in appropriate areas
in relation to neighboring properties.
• Staff would direct residents who want to raise chickens to review applicable subdivision
covenants, deeds or other restrictions and receive prior approval from their homeowner's
association, if one is active in their subdivision.
Deputy Administrator Martin indicated that Staffs' biggest concern is with potentially
irresponsible owners.
Deputy Administrator Martin informed the Committee that in order to allow residential chickens,
the matter would need to be brought before the full City Council for consideration. If Council
chooses to move forward with the proposal, Council would then refer the matter to the Planning
and Zoning Commission for a Public Hearing on the zoning issues. Subsequently, the Council
would need to approve the zoning restrictions allowing residential chickens, as well as an
amendment to the Municipal Code requiring a license and associated licensing procedures, costs
and requirements.
Mr. Fuhrman noted, as a point of information, that the life span of a factory farmed chicken is 7
weeks, whereas a free range chicken is 7 years.
Chairman Alderman Condon opined that she is open to the idea of residential chickens; however,
she would like to move forward with caution. She stated that she is in favor of notification of
neighbors although their "approval" should not be mandatory. Chairman Alderman Condon
expressed concerns regarding lot size as opposed to setbacks. Chairman Alderman Condon
indicated she would like to limit the number of licenses issued initially. She suggested a packet
- - - - be prepared that contained general information about chickens, purchase of coops and end of life
issues concerning the chickens.
Alderman Peterson stated he is familiar with the concept because one of his technicians has
chickens. He has some issues regarding health matters, but indicated he is generally in favor of
the project. Alderman Peterson opined he would definitely want neighbors notified and would
want regulations in place.
Alderman Santi concurred with the Chairman Alderman Condon and Alderman Peterson. He
stated he would like to see an informational brochure attached to any notification and stressed
that if this comes to fruition he would like to be certain it is done properly.
Mr. Plante addressed the Committee and stated that chickens thrive in a healthy environment.
He was emphatic that the people who raise chickens tend to take good care of them because a
healthy chicken produces good eggs. He informed the Committee that electricity is not
encouraged in the coops. The chickens will group together for warmth. Mr. Plante stated that
Community Development Committee Meeting
February 22, 2011
Page 5
from his experience a limit of 6 chickens per residence is a good number. Chickens are social
animals and one would get lonely and not thrive. A minimum of three chickens would be
encouraged. He noted a 15-foot setback is acceptable for an attractive coop structure.
Mr. Plante informed the Committee that the Ordinance should read that no rooster would be
permitted over 4-months old. He noted that it is not possible to tell the sex of the species until
they are that old. Until then they all look the same.
Mr. Plante provided City Clerk Jones with a petition entitled "Petition to Allow Backyard
Poultry to be Kept in Residential Areas of the City of McHenry." He asked that the Petition be
made a part of the official record.
Deputy Administrator Martin noted that as this project proceeds it might be wise to address what
recourse a neighbor might have should he/she have an issue following notification of the
potential for residential chickens in close proximity to his/her property. A brief discussion
ensued regarding establishing a system of recourse should this occur.
Responding to an inquiry from Alderman Peterson regarding education programs regarding
raising residential chickens, Mr. Jarrett indicated there is a course provided in Chicago and
owners are happy to provide tours to those interested in an effort to educate the public.
It was the consensus of the Committee to move forward with the process to allow residential
chickens.
Deputy Administrator Martin assured the Committee that he would be in further contact with Mr.
Plante and would provide visuals at the next meeting of the Community Development
Committee.
Discussion Regarding Building Code Update
Construction and Neighborhood Services Director Schwalenberg informed the Committee that
--building codes were-created initially in order- to establish predictable,-consistent minimum -
standards for the construction, safety and health of the built environment. Due to rising costs of
building operation, in recent years, codes have also evolved to include provisions for energy
efficiency.
Director Schwalenberg stated that the City adopted and began enforcing its first building code
over 50 years ago. It has been updated six times since then. The most recent update occurred
four years ago in August 2006, with the adoption of the 2000 edition of the International Code
Council (ICC) Family of Codes, which includes residential, building, fire, mechanical, property,
maintenance and fuel gas. The 1999 edition of the National Electric Code as well as the State of
Illinois mandated 77 Illinois Administrative Code, Part 890 (Illinois State Plumbing Code) and
Illinois Accessibility Code were also adopted. On January 29, 2010, the State of Illinois passed
legislation requiring the 2009 edition of the International Energy Conservation Code also be
enforced by local jurisdictions.
Regular Meeting
October 3,2011
Page 12
terms of the agreement include boat slip access for the property. Staff has prepared a Boat Slip
Access Easement and Assignment Agreement which would replace the one which had been in
place due to the terms of the original redevelopment agreement. The Agreement includes new
language which will provide the City an opportunity to match any offer received by the
developer. It is Staff's recommendation to pass an ordinance authorizing the Mayor's execution
of the Boat Slip Access Easement and Assignment Agreement as presented.
Alderman Peterson inquired if a person is required to reside at River Place in order to
lease a boat slip. Mr. Blavvise responded in the negative.
Alderman Santi asked for an explanation regarding the right of first refusal versus the
right of first offer. Deputy Administrator Martin explained the difference between the two.
Alderman Santi inquired if the Agreement would be transferrable upon sale of River Place
should that occur. Attorney McArdle responded in the affirmative.
Alderman Glab asked about the original agreement with Curtis Commercial. Attorney
McArdle responded the initial agreement included the right of first offer. This document was
executed and recorded with the McHenry County Recorder of Deeds in 2008.
Attorney Cuda noted nothing has been changed. The language contained in the
proposed Agreement is the same language included as a part of the Third Amendment to the
Redevelopment Agreement passed and approved by Council on June 27, 2011. Deputy
Administrator Martin clarified that the piers belong to the City; the slips are being sold as a
result of the Agreement.
Motion by Wimmer, seconded by Peterson, to accept Staff's recommendation to pass
an ordinance authorizing the Mayor's execution of a Boat Slip Access Easement and Assignment
Agreement between the City of McHenry and 1110 Green LLC as presented.
Voting Aye: Santi, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: Blake
Motion carried.
ORDINANCE AUTHORIZING AN AMENDMENT TO THE ZONING ORDINANCE AND MUNICIPAL
CODE TO ALLOW RESIDENTIAL CHICKENS IN THE CITY
Deputy Administrator Martin stated a request was submitted to the City to consider
allowing backyard chickens. To that end the subject was discussed in depth at Community
Development Committee meetings in February and May. The result was a recommendation to
bring the matter to Council for consideration as to whether it should continue before the
Planning and Zoning Commission for public hearing. The Committee recommendation included
a limit of 4 hens per residence, no roosters would be allowed, no more than ten licenses should
Regular Meeting
October 3,2011
Page 13
be issued during the first year of approval, and a minimum 10-foot setback from all property
lines be required for location of chicken coops and runs.
Deputy Administrator Martin noted the Planning and Zoning Commission considered
this matter at its September 8, 2011 meeting. Following much discussion and input from the
public, the Commission voted 3-4 on the proposed amendments to the Zoning Ordinance and
Municipal Code which would permit backyard chickens in the City. However, Staff believes that
with the specified restrictions in place, an ordinance providing for amendments to the Zoning
Ordinance and Municipal Code which would allow residential chickens is appropriate.
Alderman Condon noted a lot of research and information was obtained regarding
residential backyard chickens. She recognized this is a controversial issue. However, she
supported its approval subject to the stated restrictions being in place.
Alderman Santi thanked Deputy Administrator Martin for his extensive research on the
topic.
Alderman Glab stated the City has made a thorough analysis of the issue. He stated only
1%of the residents appear to be in favor of this issue while it would be impacting the remaining
99% of the residents. Everyone he has spoken to regarding this matter either has not been in
favor of it or has no opinion. He pointed out he is not in favor of backyard chickens.
Alderman Schaefer noted a lot of discussion has taken place regarding this matter and
he has received extensive feedback and input from residents who are not in favor of backyard
chickens. Concerns raised include: the property setback would be too small; lot sizes allowing
chickens should be larger; the proposal does not make sense from a neighbor-approval
standpoint. Alderman Schaefer expressed concern regarding the burden on Staff to do the
inspections regarding coops, chickens and runs in addition to likely complaints. He noted there
is currently insufficient Staff and this would make matters worse.
Alderman Wimmer inquired as to the size of a typical chicken coop. Deputy
Administrator Martin responded the coop size would not be regulated. Alderman Wimmer
noted the chicken run can be 50 feet long and inquired how wide the run could be. Director
Schwalenberg responded the run could be a total of 50 linear feet. Alderman Wimmer stated
he concurred with Alderman Schaefer and finds it difficult to support this matter.
Alderman Peterson inquired as to the inspection process for the chicken run. Deputy
Administrator Martin responded it would be the same as that required for a dog run. Alderman
Peterson stated he would like to see this approved and see how it goes for one year.
Alderman Condon stated if the information she has been able to obtain is any
indication, this would be a viable program for one year. She concurred with Aldermen Schaefer
and Wimmer. She has concerns regarding the smaller lots in town. She noted she supported
Regular Meeting
October 3,2011
Page 14
larger lot sizes be required for backyard chickens. She noted there will be those who are
opposed to it. But the amendment would provide for only ten licenses being issued.
Alderman Santi thanked the Community Development Committee members and the
Planning and Zoning Commissioners for their work in reviewing and researching this matter.
Alderman Schaefer inquired if HOA's would approve backyard chickens in homes in their
subdivision. Deputy Administrator Martin responded most covenants limit pets to domestic
cats or dogs. Some covenants do not address pets at all.
Mayor Low noted she has carefully read all of the documentation regarding this matter.
She noted if this is approved, the City would be entering a new territory. She stated an
outstanding job was done by the Planning and Zoning Commission and Community
Development Committee in researching this matter. Mayor Low noted in her contacts with
residents, the comments were overwhelmingly negative regarding backyard chickens. She also
expressed concerns regarding the smaller City lots which might be too small for chicken coops
and runs.
Motion by Condon, seconded by Santi, to accept Staff's recommendation to pass an
ordinance providing for amendment to the Zoning Ordinance and Municipal Code to allow
residential backyard chickens in the City subject to the following restrictions:
1. A maximum of ten licenses shall be issued during the first year of the program, with a
waiting list for any additional requests;
2. A minimum setback of 10 feet from all property lines shall be required for chicken coops
and runs;
3. A violation provision shall be added to the Settlement of Offenses Section of the
Municipal Code.
Voting Aye:___Santi,_Peterson, Condon.
Voting Nay: Glab, Schaefer,Wimmer, Low.
Absent: Blake
Motion denied.
ORDINANCE AUTHORIZING AN AMENDMENT TO MUNICIPAL CODE CHAPTER 7 SECTION 7-3
ALLOWING AN INCREASE TO NON-RESIDENTIAL MINOR PERMIT FEES
Director Schwalenberg stated Staff recently reviewed minor permit fees for non-
residential development. A recommendation to increase fees was presented before the
Community Development Committee on August 30, 2011. The Committee recommended
increases as suggested by Staff. In addition the Committee recommended the implementation
of plan review fees and temporary occupancy fees, similar to those recently adopted for
residential construction projects. It is Staff's recommendation to pass an ordinance providing
for the increase in non-residential minor permit fees and the implementation of a plan review
fee and temporary occupancy fee as presented.
Planning and Zoning Commission
September 7,2011
Page 3
Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau,Schepler,and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Chairman Schepler closed the Public Hearing regarding File No.Z-773 at 7:46 p.m.
Public Hearing: City of McHenry
File No.Z-772
Text Amendment to allow Backyard Chickens
Chairman Schepler called the Public Hearing to order at 7:47 p.m. regarding File No Z-772 an application
for a text amendment to allow backyard chickens as requested by the City of McHenry.
Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on August
24,2011.A Certificate of Publication is on file in the City Clerk's Office.
In attendance were the following persons who wished to address the Commission regarding this matter.
Each of them was sworn in by Chairman Schepler prior to speaking:
1. Adrian Plante, 1202 S Broadway Street, McHenry IL;
2. Nancy Schietzelt,4419 Walkup Road,Crystal Lake, IL;
3. Nancy Porstner, 1632 North Riverside Drive, McHenry, IL.
Chairman Schepler then provided an overview of this evening's procedures for the benefit of those in
the audience. He noted following presentation of the Staff Report, the public in attendance would be
afforded an opportunity to comment or raise questions regarding the proposed text amendment being
considered this evening.The Commission would then likewise have an opportunity to comment or raise
questions regarding this matter. Finally, there would be a recommendation made to the City Council
who will decide if the proposed amendment would be incorporated into the Zoning Ordinance.
- - - --Deputy City-Administrator Martin provided the Commission with the Staff Report regarding this-matter. - ---
He stated Staff had extensively researched the subject of backyard chickens and noted there is a
plethora of information available regarding this subject. The Community Development Committee was
approached by members of the public to consider allowing backyard chickens in the City. To that end,
the Committee has researched and discussed the matter in depth and recommended that the subject be
presented to the public for consideration at a public hearing. The Committee's May 17, 2011
recommendation included the following:
1. A maximum of ten licenses shall be issued during the first year of the program, with a waiting
list for any additional requests;
2. Requirements shall include a minimum setback of 10 feet from all property lines;
3. Violation provisions shall be added to the Settlement of Offenses section of the Municipal Code.
Deputy Administrator stated if the City ultimately approves backyard chickens, amendments would be
required to both the Zoning Ordinance and the Municipal Code. Chick coops and chicken runs would be
covered under accessory uses in the Zoning Ordinance. Chicken run regulations would mirror those of
Planning and Zoning Commission
September7,2011
Page 4
dog runs. Chapter 6 of the Municipal Code would also have to be amended as chickens are prohibited by
Section 6-2(b).
Deputy Administrator Martin noted Staff had received correspondence relating to this matter and will
be placed in the file for reference. It is Staffs recommendation to amend the Zoning Ordinance to
permit backyard chickens,chicken coops and chicken runs in the City.
Chairman Schepler opened the Public Comment portion of the Public Hearing.
Adrian Plante: Mr. Plante stated he first approached the City regarding allowing backyard chickens in
August 2010 as he was cited for having hens in his backyard. After he was cited he found a temporary
home for the hens and has been awaiting the opportunity to bring them back to his residence. He
complimented Staff on their thorough research regarding this matter. He stated his belief that requiring
an annual license is good and a maximum of four hens per household is also acceptable. He pointed out
he had provided the City with a video demonstration of backyard chickens,their care and maintenance.
Nancy Porstner: Ms. Porstner read recent articles in the newspaper regarding backyard chicken
discussions at local municipalities. She noted she often thought about raising chickens in order to have
organic eggs available.She stated her desire to be considered for one of the ten licenses.She noted Staff
did a great job in providing information and enlightenment regarding this matter. She stated she would
like to express her support for this issue to move forward. She concluded stating chickens can become
family pets.
Nancy Schietzelt: Ms.Schietzelt stated she is very encouraged by the way the City is proceeding with this
issue. She noted she belongs to the Environmental Defenders who are likewise encouraged the project
is moving forward. It is a wise decision to allow backyard chickens, she opined. She noted many
communities allow backyard chickens. Permitting backyard chickens will help to reduce the carbon
footprint.
There was no one else from the audience who wished to address the Commission regarding this matter.
Chairman Schepler closed the Public Comment portion of the Public Hearing at 8:10 p.m.
Chairman Schepler opened the floor to comments and questions by the Commission.
Deputy Administrator Martin was asked how many complaints have been registered in the past 2-3
years regarding backyard chickens in the City. Deputy Administrator Martin responded since 2008 there
were five complaints recorded, until recently, when two more complaints were lodged. Responding to
further inquiry, Deputy Administrator Martin stated when a complaint is lodged, inspectors treated the
matter as with any other complaint. It is investigated for verification, notice of violation is provided, and
a remedy(removal of the chickens) is sought.
Responding to questions regarding the licensing procedure, Deputy Administrator Martin stated
licensing would be handled by the Construction and Neighborhood Services Department, similar to all
other permits and City licenses. He noted coops would not be inspected as far as construction is
concerned.They would have to be placed within the appropriate lot area, i.e. no closer than ten feet to
any property line, etc. The structure itself would be treated similar to dog houses, which also are
exempt from construction standards.
Planning and Zoning Commission
September 7,2011
Page 5
Some discussion followed regarding possible noise violations due to the chickens. It was pointed out the
City's nuisance ordinance provides for noise violations, however, they are difficult to enforce as the
ordinance states the nuisance occurs when dog barking persists for 15 minutes or longer.
Question was raised as to how many Homeowners Associations (HOA) would prohibit or be opposed to
backyard chickens. Deputy Administrator Martin responded he was unsure how many HOA covenants
and restriction would prohibit chickens. He noted not all HOA's are active. The City does not enforce
HOA Covenants and Restrictions, but does afford the HOA the courtesy of advising when building permit
applications are received.
The Commission noted there are currently code enforcement issues which go unattended and question
was raised as to why the City would add another matter which would require strict enforcement and
cause additional violations.
An inquiry was made as to the results of complaints against a chicken license holder and would
complaints affect the annual renewal of the license. Deputy Administrator Martin responded complaints
lodged against a resident might not necessarily prevent license renewal.
A point was made by a commissioner that raising backyard chickens is not what McHenry is about.Some
discussion occurred regarding the notification of neighbors prior to the license being issued. Deputy
Administrator Martin stated notification of neighbors does not equate to having the neighbors
permission or approval of the backyard chickens. Concern was raised as to coyotes going after the
chickens and ultimately other household pets as well.
Inquiry was made as to Health Department involvement in the backyard chicken licensing. Deputy
Administrator Martin stated the Health Department involvement would extend solely to eggs which
would be sold. If the eggs are consumed by the homeowner's family,the Health Department would not
be involved. Additionally, eggs could not be sold as that would become a business being conducted out
of a residence which would not be permitted.
Responding to an inquiry, Deputy Administrator Martin stated chickens could not be kept in the house
orthe garage. In response to a question regarding what happens to chickens when they stop producing - --
eggs, it was noted they are sent to processing.
Discussion followed regarding the various lot sizes in the City and the appropriate setback of the chicken
coop and chicken run from the property lines.Commissioner Thacker expressed his opinion that the ten-
foot setback in inadequate, particularly when the chickens are present on a larger City lot. It would seem
the setback should be increased in relation to the lot size.
Commissioner Buhrman opined other creatures are attracted to chickens unless they are kept clean. He
pointed out the City has many regulations on the books but the issue is enforcement. He stated he could
see allowing backyard chickens could cause a lot of problems. He opined chickens are not appropriate in
an urban area.
Commissioner Doherty and Chairman Schepler concurred with Commissioner Buhrman. Chairman
Schepler stated that all correspondence received by the City relative to this Public Hearing contained
Planning and Zoning Commission
September 7,2011
Page 6
negative comments. He pointed out the commissioners have uncovered a number of potential problems
particularly relating to enforcement regarding this matter.
Commissioner Thacker stated he has spoken with some residents and most people responded negatively
regarding the backyard chickens. Deputy Administrator Martin noted allowing chickens in the
community is a very divisive issue.
Commissioner Doherty stated he has spoken to more than 100 people on this topic and not one person
spoke positively. He opined raiding chickens belongs in the county on rural property.
Commissioner Thacker agreed with Commissioner Buhrman noting for quite a few years the
commissioners have been discussing ordinance violations and enforcement in the City. In his opinion
many ordinance aren't currently being enforced unless violations are specifically brought to Staff's
attention. He suggested adding backyard chickens to the enforcement mix would be volatile and be a
very hot topic. He concluded stating he can appreciate people wanting to raise chickens but in his
opinion the ten-foot property line setback is too close and he cannot support it.
Motion by Nadeau, seconded by Ekstrom, to recommend to the City Council with regard to File No. Z-
772 a text amendment allowing residential backyard chickens as presented be granted.
Voting Aye: Ekstrom, Morck, Nadeau.
Voting Nay: Buhrman, Doherty,Schepler,Thacker.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion failed 3-4.
Chairman Schepler closed the Public Hearing regarding File No. Z-772 at 8:41 p.m. Chairman Schepler
noted City Council may choose to take this matter up at a future meeting.
Other Business
- Deputy Administrator Martin noted the next meeting is scheduled for Thursday, September 15, 2011. -
Adjournment
Motion by Nadeau,seconded by Thacker,to adjourn the meeting at 8:45 p.m.
Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau,Schepler,and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.The meeting was adjourned at 8:45 p.m.
Respectfully submitted,
Kathleen M. Kunzer, Deputy City Clerk
COMMUNITY DEVELOPMENT COMMITTEE MEETING
Tuesday,May 17,2011
Aldermen's Conference Room, 7:00 p.m.
In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson
and Alderman Santi. Absent: None. Also in Attendance: Deputy City Administrator Martin,
Construction and Neighborhood Services Director Schwalenberg and City Clerk Jones.
Also in Attendance: Mr. Adrian Plante, 1207 Broadway, McHenry, IL
(gogreenwithenvikgmail.com)
Mr. Ed Fuhrmann, 214 Sprucewood Ct., Round Lake Beach, IL
(thefuhrmannsgsbcglobal.net)
Ms. Peggy Larson, 1013 Hilltop,McHenry IL
(peggley29 a,att.net)
Mr. Don Jarrett, 912 N. Cedar Lake Road, Round Lake Beach, IL
Chairman Alderman Condon called the meeting to order at 7:02 p.m.
Public Input Session
No one signed in to speak during the Public Input Session.
Discussion Regarding Ice/Snow Removal from Sidewalks in Residential Areas
Construction and Neighborhood Services Director Schwalenberg stated that the topic of snow
and ice removal was previously discussed at both the March 16, 2010 and October 26, 2010
Community Development Committee meetings. Staff was directed to enforce the provisions of
Chapter 21, Sec. 21-18 of the McHenry Municipal Code (snow removal) and keep a record of
Staff time associated with enforcement.
-Director-Schwalenberg stated that due to mild winter temperatures, it was difficult to determine
whether or not the walks were being shoveled or accumulation had melted. Continuing, he stated
that the blizzard of 2011 deposited a large amount of snow over a very short period of time
resulting in piles of snow being pushed up onto corners by plow trucks in an effort to clear
roadways. Following the blizzard, Staff waited for a two week period prior to sending out letters
advising residents of Chapter 21, Sec. 21-18 in an effort to provide sufficient time for everyone
to remove snow.
Director Schwalenberg provided the Committee with the following data:
• There were five major snow events between December 2010 and February
2011,which generated 12 complaints;
• Of the 12 complaints filed, 92 individual properties were identified as
being in violation;
• Notification was made by personal visits or letters being mailed to the 92
property owners; and
Community Development Committee Meeting
May 17, 2011
Page 2
• A total of 347 tasks were completed and approximately 77 hours of Staff
time was consumed in
o identifying the properties;
o investigation of the violation;
o logging-in of information;
o sending out the notification and/or speaking with the property
owner(s); and,
o conducting a follow-up inspection.
Director Schwalenberg informed the Committee that Staff would recommend accumulation of
data for another year prior to suggesting modification to the ordinance.
Responding to an inquiry from a resident in attendance, Deputy City Administrator Martin stated
that the County of McHenry does not remove snow from sidewalks.
Alderman Santi inquired about the responses received from recipients of letters and/or visits
regarding the snow removal issue. Director Schwalenberg indicated that most were receptive
and unaware of the ordinance.
Mr. Adrian Plante inquired about the training of plow drivers. He inquired if the snow could be
pushed in such a way so that there is no accumulation at corners and on sidewalks, which affects
sight lines. Director Schwalenberg stated that drivers are trained and attempt to determine the
best routes based upon time constraints, gas consumption and mileage.
It was suggested that digital photography could be helpful.
Chairman Alderman Condon suggested continuing the analysis for one more year. She requested
that specific complaints be documented.
--- -- - - It was the consensus of the Committee to continue accumulating data regarding snow removal
for an additional year, through the 2011/2012 winter season, with the addition of digital
photography to accompany data and that specific complaints be documented.
Discussion Regarding Residential Chickens
Deputy Administrator Martin reiterated to the Committee that at the February 22, 2011 meeting
of the Community Development Committee, the subject of issuing permits for backyard
residential chickens (hens only) in the City of McHenry was discussed. Staff provided
information addressing frequently asked questions, common myths and realities, as well as a
Chicken Ordinance Survey. Interested community members were in attendance, providing
valuable information on the topic.
Since the February 22, 201 meeting, Staff has worked with Mr. Adrian Plante and his colleagues
to clarify concerns which were raised at the last meeting. Some of the specific concerns raised
were:
0 Appropriate setbacks for chicken coops and runs;
Community Development Committee Meeting
May 17, 2011
Page 3
• A visual aid to assist residents in depicting areas on their property where
chicken coops and runs would be permitted;
• Limiting the number of hens per property;
• Limiting the number of annual poultry licenses issued in the City;
• Design of an appropriate coop/run; and
• Notifying neighbors and homeowners' associations, if applicable, of the
intent to raise chickens.
Deputy Administrator Martin noted that one suggestion by the Committee was to develop a
"How To" guide for persons who may be interested in raising chickens but have no experience.
Staff has prepared a sample guide and sample Poultry License Application, which would be
required for residents who desire to raise backyard chickens.
Chairman Alderman Condon inquired about the annual fee for a license. Deputy City
Administrator Martin stated that Staff was considering $50 per license and limiting the number
of licenses issued to ten per year.
Responding to Chairman Alderman Condon inquiry whether$50 annually would be sufficient to
cover Staff expenses, Deputy Administrator Martin stated not dollar-for-dollar, but that $50
annually is the standard fee for minor permits of this type.
Alderman Peterson informed the Committee that following some research he was able to
ascertain that chicken licenses are revoked in Batavia following notification of three violations.
Chairman Alderman Condon stated she would like to see a fine added to the process if a resident
is in violation. Deputy Administrator indicated that a fine is standard with other City
regulations. Chairman Alderman Condon stated she is pleased that the City's regulations are
consistent.
A discussion ensued regarding the number of chickens that should be permitted. An individual
in attendance stated that chickens are social animals and that a minimum of two per location are -
encouraged.
Upon inquiry from individuals in attendance at the meeting, Chairman Alderman Condon stated
that she is comfortable only committing to ten licenses annually the first year. She noted she is
open to more than ten in the future,but would like to see how the project tests out.
Chairman Alderman Condon expressed concern that some other communities have larger
setbacks, citing 30-feet in Batavia, with some communities in the 20 foot range and others in the
75-foot range. She inquired how Staff had reached a 10-foot setback determination. Deputy
City Administrator Martin stated that some lots in the City are smaller than others and Staff
ascertained that anything larger than 10-foot would limit opportunities for some residents.
Chairman Alderman Condon opined she did not believe that an additional 5-10 feet would be a
big difference, but stated she was willing to concede to the proposed 10-foot setback.
Community Development Committee Meeting
May 17,2011
Page 4
A discussion ensued regarding the number of hens allowed. Mr. Adrian Plante inquired why
residents were being limited to no more than 4 hens, as opposed to 6 hens. Chairman Alderman
Condon stated that she was comfortable with someone owning 2 to 4 hens and wanted to see
how the project goes the first year.
Mr. Plante stated that he is willing to volunteer to assist Staff with any inquiries from residents
seeking assistance regarding the proper care and maintenance of hens and coops. Deputy
Administrator Martin indicated he appreciated the offer of assistance.
Motion by Santi, seconded by Peterson, to direct Staff to present the matter to full Council for
direction to present the matter at a Public Hearing before the Planning and Zoning Commission
with the following conditions:
• A maximum of ten licenses to be issued during the first year of the program, with
a waiting list for any additional requests;
• Requirements include a property set back of 10-feet; and
• Violation to be added to settlement of offenses.
Aye: Condon, Santi. Peterson
Nay: None.
Absent: None.
Motion carried.
Discussion Regarding Economic Development Strategy
Deputy Administrator Martin stated at the committee's October 2010 meeting, the Community
Development Committee discussed economic development as well as potential incentives. A
"shop local" initiative was discussed, as well as other ideas such as having different people take
photographs throughout the community. Staff provided an update on a "Shop Local" effort,
which is currently underway with the McHenry Area Chamber of Commerce. Staff also
provided local examples of cities which have adopted formal business incentive programs and
means by which a business could obtain low-interest financing, sales tax rebates or other
programs to leverage potential investment in the community.
At that time, it was the consensus of the Committee to direct Staff to draft an Economic
Development Strategy for the City of McHenry.
Deputy Administrator Martin presented the Committee with a draft Economic Development
Strategy for review.
Chairman Alderman Condon stated she is pleased with the draft. She opined she likes not
having specific numbers as each project is unique.
Alderman Santi stated that he likes that the Strategy is open-ended so the guidelines can be
adjusted. He opined he would like to see the Strategy become a working document soon.
Community Development Committee Meeting
May 17,2011
Page 5
Motion by Peterson, seconded by Santi to present the Economic Development Strategy for the
City of McHenry to full Council for consideration.
Aye: Condon, Santi. Peterson
Nay: None.
Absent: None.
Motion carried.
Other Business
Deputy Administrator Martin informed the Committee that a McDonald's proposal will be heard
at the Planning & Zoning Commission meeting this week regarding moving from their current
location at Bull Valley Road and State Route 31 to a new structure at Park Place and Route 31.
Deputy Administrator Martin informed the Committee that O'Reilly Auto Parks will be before
the Planning and Zoning Commission on June 2, 2011. They plan to locate in the old Rainbow
Play Systems structure.
Deputy Administrator Martin informed the Committee that negotiations with Panda Express
continue to move forward. Panda Express continues to explore constructing a facility on an out
lot near Kohl's.
Chairman Alderman Condon informed the Committee that the next meeting of the Community
Development Committee is scheduled to take place on August 23, 2011 in the Aldermen's
Conference Room at 7:00 p.m. Topics anticipated for the agenda are:
• Minor commercial building permits and plan review fees; and
• Commercial industrial paving standards.
Adjournment
Motion by Peterson, seconded by Santi to adjourn the meeting at 8:10 p.m.
Aye: Condon, Santi.Peterson
- - - Nay: None.
Absent: None.
Motion carried.
Respectfully submitted,
Geri Condon, Chairman
McHenry says no to backyard chickens I Northwest Herald Page 1 of 10
ONLINE NEWSPAPER LOG IN
Centegra Hea It
i.e
KEEPIN
EVERYi a
MOVIN
JOINT REPLACEIVIEF
LOCAL
McHenry says no to backyard chickens
By JOSEPH BUSTOS-jbustos@shawmedia.com
McHENRY - Backyard chickens will not be welcomed in town.
In a 4-3 vote Monday, where Mayor Sue Low had to break a tie, the City Council
opted against allowing residents to have backyard chickens.
http://www.nwherald.com/2011/10/03/mchenry-says-no-to-backyard-chickens/ajmdabt/ 9/12/2017
McHenry says no to backyard chickens I Northwest Herald Page 2 of 10
D
Aldermen Vic Santi, Robert Peterson and Geri Condon voted in favor allowing
chickens. Aldermen Andy Glab, Richard Wimmer and Jeff Schaefer said no.
During the summer, Crystal Lake wrestled with the issue of allowing people to
have backyard chickens and ultimately voted against allowing chickens.
Under the proposed McHenry ordinance, people who wanted hens in their
backyard would need to keep them in a coop that is at least 10 feet from the
property lines, roosters would be prohibited, and slaughtering of chickens
would be prohibited.
There would be a maximum of 10 licenses allowed in the city, but a waiting list
would be created if more people were interested. A permit to have chickens
would cost $50.
The city also planned to revisit the issue in approximately a year.
"I personally believe let's try it," Condon said.
She said if chickens became a nuisance the city could always repeal the
ordinance.
"I don't know what's going to happen," Condon said.
The city would require people to notify their homeowners' association, if one
exists, before the city would approve a permit. Adjoining property owners
would need to be notified before a permit is issued as well.
City staff members began looking into allowing backyard chickens at the
request of resident Adrian Plante, who has-four hens he wanted to-keep in hiss
backyard. ¢ `°
http://www.nwherald.com/2011/10/03/mchenry-says-no-to-backyard-chickens/ajmdabt/ 9/12/2017
McHenry says no to backyard chickens I Northwest Herald Page 3 of 10
In September the city's Plannin&R&jWMliW CorAgAssion, in a 4-3 vote, decided
not to support the plan. Commissioners had concerns that chickens were not
conducive to urb properties, that
there needed to that chickens
might attract predators.
"There will be a group of people who will be happy, and those who will be
unhappy," Condon said.
Schaefer and Wimmer had concern about whether some of the city lots were
big enough for chickens.
"It should be on the larger lots," Wimmer said. "Some of our smaller downtown
lots are going to struggle with this."
Before casting the the tie-breaking vote against backyard hens, Low said she
would have supported the proposal if it were for larger lots.
"In my contacts with residents, it was overwhelming not in favor of having
chickens," Low said. "The part I can't get past is the small city lots. It's too small
for a chicken coop."
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http://www.nwherald.com/2011/10/03/mchenry-says-no-to-backyard-chickens/ajmdabt/ 9/12/2017
City of McHenry
"HOW to" Guide Construction & Neighborhood Services Dept.
S Green Street McHenry For M er 333 y IL
Backyard Hens 815-363-2170
Rules and Regulations: How do I prepare for my chickens?
1.The City allows a maximum of four hens on a prop- In order to care for chickens you will need to prepare
erty located in single-family zoning districts only. in advance.You will need to purchase and set up a
2. Roosters are prohibited. large tall box or bin, complete with pine shavings, a
3.All owners must possess a poultry license issued chick waterer, a small dish for feeding, and a reflec-
by the City of McHenry. (application attached) tive heat lamp with a red bulb.The temperature for
4.Abutting neighbors must be notified in advance of the new chicks needs to be at least 95 degrees which
poultry license being issued. can be decreased by five degrees each week thereaf-
5. Poultry licenses must be renewed annually. ter.Temperature can be controlled by periodically
6. Chickens must be kept in a secured "coop" that is turning off the heat lamp.
a stand-alone structure placed no closer than 10 feet
to side or rear property line(s).
7. Coop must be constructed with the ability to with- Feeder
stand a 90 lb snow load and a 65 mph wind speed. ~
8. Coop must be waterproof and predator proof. All Waterer
venting must include a wire-type mesh covering. —�
9. Chick run regulations:
• The run is permitted only in the required rear
yard; Where can I purchase a coop
• The run must be fully enclosed; and other supplies?
The fence enclosing the run shall be open style
-(i.e.chain link; chicken wire is prohibited) with a Pre-built chicken coops, as well as other equipment
maximum height of eight feet; (waterer and feeder, as shown above) and chicken
• The run cannot exceed 50 linear feet; feed are available at farm supply stores or online.
• The run must be located at least 10 feet from
side and rear property lines. www.farmtek.com
10. Slaughter is prohibited. www.backyardchickencoop.net
Where can I buy chickens? You can also check Mother Earth News for low-cost
portable coops and practical design ideas.
You can usually purchase chicks in the spring from
farm supply stores or local farmers. Online is also a
good source as they are shipped live right to your
post office. A few good websites for chicks are:
www.mypetchicken.com
www.mcmurrayhatchery.com
www.randallburkey.com
What daily care is required? Can chickens make me sick?
Hens begin laying eggs at 12 weeks. Each hen lays one When you buy chickens they have been vaccinated
egg daily.The eggs should be collected, washed against all common diseases.You can also purchase
lightly with warm water, and then placed in a refrig- supplements for their feed or medicated feed.Typi-
erator. Check the nesting box for hidden eggs. Be sure cally,there is a concern regarding Avian Flu and Sal-
to provide fresh water and feed and remove any monella. Avian Flu is not present in the United States.
dried droppings. Close all entrances to the coop at Salmonella can be prevented with proper handling
night. Chickens will eat weeds, bugs,ticks, fruits, procedures, hand washing, and use of sanitizers.
vegetables, rice, and old bread. Do NOT feed them Scientists estimate only 1 of every 20,000 eggs might
potato peels, onion peels or popcorn. Provide fresh contain salmonella bacteria.The likelihood that an
drinking water daily. Add apple chunks to their water egg may contain salmonella is extremely small.
and it will remain algae-free.
What if one of my chickens dies?
How can I help my chickens to be productive?
If a chick gets sick or is attacked by a predator, and
Chickens need to roost.An old broom pole or branch dies, you may contact a veterinarian to have the re-
installed horizontally inside their coop works great. mains cremated. Be sure to double-bag the bird and
For nesting, chickens prefer an old box or crate filled wash your hands and clothing afterward. Do NOT
with straw. Your chickens will most likely huddle to- bury your bird as you will attract pests that will dig it
gether. Chickens typically sleep through the night. up.You could, however, dispose of the bird in the
weekly trash collection.
What do I need to know
about keeping the coop clean? Additional resources for information:
If you do not keep the coop clean it will begin to Websites: www.backyardchickens.com
smell.Any dried droppings should be removed at a www.urbanchickens.net
minimum of bi-weekly and disposed of, preferably as www.chickenwhisperer.com
a fertilizer for your garden. Fresh bedding should be www.barnheart.com
added as needed to maintain 4-6 inches of depth.
This will help to control odor and dust mites.Wood Books: City Chicks
mulch works well for the bottom of the-coop and you Raising Chickens for Dummies
can use straw to line the nesting boxes. Storey's Guide to Raising Poultry
What is the best way to set up
the chicken coop and run on my property?
Be sure to maintain a fully enclosed chicken run and
coop with a latching door(not easily flipped open)
and wire to cover windows and openings. Make sure
to have a secure base in order to prevent access by
predators. Chickens prefer to roam freely. Providing a
fenced-in environment will protect them from preda-
tors. A portable pen and run will help to reduce grass
depletion and dust in one area of your yard.
Revised 5/10/2011
CITY OF WHENRY
POULTRY LICENSE APPLICATION LICENSE NO. - -
(License for backyard chickens in residential district)
PROPERTY ADDRESS For office use only.
ZONING DIST:
SUBDIVISION P.I.N. -
FLOOD ZONE:
NAME: ❑ OWNER ❑ TENANT
TOWNSHIP
HOME PHONE(_) WORK PHONE( 1
CHICKEN COOP:
SIZE:Length: Width: Height:
CHICKEN RUN:
Fencing Style: Fence Height: Total Linear Feet:
LICENSE FEES
LICENSE:
NUMBER OF PROPOSED BACKYARD CHICKENS :
MISC.:
NOTE: CITY ORDINANCE ALLOWS A MAXIMUM OF FOUR BACKYARD CHICKENS PER SINGLE-FAMILY RESIDENCE..
ROOSTERS ARE PROHIBITED. COPIES:
NO MORE THAN TEN POULTRY LICENSES SHALL BE ISSUED PER CALENDAR YEAR.
POULTRY LICENSES MUST BE RENEWED ANNUALLY,NO LATER THAN JANUARY 31st.
TOTAL:
LICENSE SUBMITTAL CHECKLIST:
IN ORDER TO PROCESS YOUR APPLICATION IN A TIMELY MANNER,THE FOLLOWING ITEMS ARE REQUIRED.
❑ Completed Poultry License Application.
❑ a copies Plat of Survey, showing all existing structures on premises as well as the chicken coop and chicken run
location, dimensions,and distance from house and from all property lines.
❑ Notification to Homeowners Association (where required).
❑ Notification to neighbors abutting/adjacent to subject property
I HEREBY DECLARE THAT THE INFORMATION HEREIN AND ATTACHED IS CORRECT AND AGREE IN CONSIDERATION OF AND UPON ISSUANCE
OF LICENSE,TO DO OR ALLOW TO BE DONE ONLY SUCH WORK AS HEREWITH APPLIED FOR AND THAT SUCH PREMISES AND ITS EXISTING
AND PROPOSED BUILDINGS AND STRUCTURES SHALL BE USED OR ALLOWED TO BE USED FOR ONLY SUCH PURPOSES AS SET FORTH.
SIGNED: DATE:
(OWNER OR AUTHORIZED AGENT)
THIS LICENSE IS GRANTED AND ACCEPTED WITH THE EXPRESS UNDERSTANDING AND AGREEMENT THAT SAID BUILDING AND CONNECTIONS
SHALL CONFORM IN ALL RESPECTS WITH THE ORDINANCES OF THE CITY OF McHENRY AS NOW IN FORCE REGULATING THE CONSTRUCTION OF
BUILDINGS.
DATE:
333 S.GREEN STREET McHENRY ILLINOIS 6oO5O (815)363-2170
City of McHenry
Poultry License Number
Construction & Neighborhood Services Department
333 South Green Street #
McHenry IL 60050
815-363-2170 Issued:
Expiration:
Abutting Neighbors and Homeowners Association Notification Required
(To be submitted at time of application for license)
Property Owner Name(or Authorized Agent) Property Address
Daytime Phone Evening Phone
I have notified all abutting neighbors in accordance with the Zoning Ordinance and my Homeowner's Association(if applicable)of my inten-
tion to obtain a poultry license.
Date: Signature:
Property Owner or Authorized Agent
Required Setbacks for Residential Chickens*
Required Front Yard Setback FY Buildable Area
Required Side Yard Setback SY
Required Rear Yard Setback RY Permitted Area for Run
10' Minimum Setback from property line — 10 Required Yard
Chicken Coop must be located in the rear yard,except that on a single family lot having a lot area of 30,000 sq ft or more,a
chicken coop may be located between the principal building and an interior side lot line in accordance with the following con-
ditions: a)The coop shall be located behind the front yard and corner side yard building line;and
B)The coop shall be set back a minimum of ten feet from the interior side property line,or the required side yard
setback for the district in which it is located,whichever is greater.
*Chicken Coops and Chicken Runs are permitted only in single-family residential zoning districts(E,RS-I,RS-1a,RS-2,RS-3,RS-
4).Check the City's Zoning Ordinance for Required Front,Side and Rear Yard Setbacks for your zoning district or call 815-363-
2170 for additional information.
—� RY RY RY
SY SY
SY SY SY
FY FY FY
STREET
FREQUENTLY ASKED QUESTIONS
("My Pet Chicken")
Q:Do you need roosters for hens to lay eggs?
A:No.This is one of the most common misconceptions about chickens.Hens will lay eggs just as well in the absence of roosters.If roosters are present,
however,the eggs may be fertilized!
Q:How often do chickens lay eggs?
A:That depends on three main factors:
• The breed of chicken.Some chickens are bred for meat production and lay few eggs;some are bred for egg production and can lay as often as
once a day;some are bred as"dual purpose"and are good for both egg-laying and meat,although not optimal for either.
• The hen's age.Hens start to lay at 4-5 months of age,and lay best during their first year.Each year after that their production decreases.
• The season.In the winter(with fewer daylight hours),egg production drastically decreases.High laying season is summer.
A healthy,young hen bred for egg-laying can lay almost an egg a day!
Q:How much care do pet chickens require?
A:They're much easier than dogs: no walking,no twice-daily feeding,no baths,no grooming.With the proper housing they're a very low-maintenance
pet:
• Daily:a"checking on",egg collection,and closing the coop if you've let them out.
• As necessary:fill feed and water containers.
• Monthly:change bedding and remove that free fertilizer(poo)so it can be put to good use!
• Twice a year:a thorough cleaning and disinfecting of the coop.
Q:Why do chickens lay different-colored eggs?
A;They just dol Different breeds lay different-colored eggs.Eggs come in many different colors-light brown,deep chocolate brown,white,off-white, _
pinkish and even green and blue!Some also lay speckled eggs.
A couple of key fads:
• An individual bird's eggs will remain basically the same color all the time.
• There can be variation in the hade of egg colors amongst individuals within a breed,but not the base color(brown,white,blue etc.).
• One way to tell what color egg a chicken will lay is to look at her earlobe!A hen with a white earlobe will always lay white eggs,whereas hens
with red earlobes can lay brown,blue or green eggs.
• Araucana and Ameraucana breeds,also known as the"Easter Egg Chickens",famously lay varying shades of green and blue eggs
Q:Are brown eggs healthier than white eggs?
A:No,the color of the egg has no effect on how healthy it Is.However,how chickens are kept DOES have an effect on how healthy the eggs are!See the
next question for more on this topic.
Q:Will the eggs my pet chickens lay taste better than store-bought?
A:Without a doubt.The chickens in your backyard will lay eggs unlike any you've tried before.A good rule of thumb:the more orange the egg yolk,the
more healthy and better-tasting the egg is.Plus,research shows that if you allow your chickens to roam your yard freely(which we highly recommend
you do)your eggs will be higher in Omega-3 fatty acids and lower in cholesterol,among other health benefits.
Q:How much do chickens cost?
A: Baby chicks cost$1-$5 each,depending on a variety of factors including the sex(females are more expensive than males)and how rare the breed.
Started pullets(young hens that have just started laying eggs)should cost$15-$25 each.
Q:Will I save money by having chickens?
A:No more so than a gardener would growing tomatoes.If you're currently buying cage-free organic eggs,you may be able to break even by having
your own chickens.There are lots of great reasons to have your own chickens,but saving money is not one of them.
Q:Where can I get pet chickens for myself?
A:You can get grown chickens from a local farmer,or you can get baby chicks from a hatchery.
Q:Can chickens fly?
A:Sort of.Smaller(lighter)breeds,and"bantams"--which are the same as"standard"breeds but about 1/4 the size--can fly 25-50 feet and will roost
in trees if allowed to.Heavier breeds have much more limited flight.
Q:Do chickens really"come home to roost"?
A:Yes!Chickens will come back to the same place to sleep every night--so you can let your chickens roam your yard during the day and when it gets
dark they will return to their coop to catch up on their beauty rest.(A"roost"is a pale they perch on,which they much prefer to sleeping on the ground.)
Q:How noisy are chickens?
-- - -A:Roosters are VERY noisy,and contrary to popular belief,they don't just crow in the morning.They crow all day long. Hens are much quieter--you
basically won't hear them until they've just laid an egg,or if they're threatened.
Q:How big are chickens?
A:"Standard"chickens weigh 4-7 pounds depending on the breed and the sex(roosters weigh more than hens)."Bantam"chickens--which are the
same as standard chickens,only smaller--weigh 1-2 pounds.
Q:Is there really such a thing as a"pecking order"?
A:Yes.This Is a very real phenomenon.All chicken flocks have a well-defined pecking order.It's their way of preventing mayhem.
The lucky chicken at the top of the pecking order basically gets to push everyone around.She gets first access to food,water,prime roosting spots and
so on.If she doesn't like what anyone else is doing she has full pecking rights.She gets to tell any other chicken to bug off.The poor baby at the bottom
of the pecking order is in the exact opposite situation:everyone in the flock can peck her,and she has last rights to food and other resources.The other
chickens In a flock fall somewhere between these two extremes.The#2 chicken can only be bullied by the#1 chicken and can bully everyone else in
turn,and so on and so on.
Pecking order is established at a very early age and usually remains unchallenged until death.
Q:Can I have just one chicken?
A:You shouldn't.Chickens are social creatures and they will not do well alone.We advise a minimum of two.
Q:What if one of my pet chickens gets sick?
A:Take it to a veterinarian that specializes in avian medicine or farm animals.
Q:Do cats attack chickens?
A:In the vast majority of cases,no,but you do hear of this once In a while.Most cats are more intimidated by grown chickens than chickens are of them.
Baby chicks are more at risk because they're helpless,but again in our experience cats aren't interested in them.Better to take precautions,though!
(Dogs can also be a danger to chickens;watch this YouTube video with Cesar Milan to see how he socialized one dog with the family's chickens...)
Q:Do you have to give chickens baths?
A: No!Chickens take dust baths that keep them clean and free of pests.However,if you plan on showing your chickens in a Poultry Show,you'll want
your bird looking her best,so you can wash them with a gentle cleanser and blow them dry.
Q:How long do chickens live?
A:It's common to hear of a pet chicken living eight to ten years.Once in a while you hear reports of 15 years or more!However,it is a rare bird indeed
that can live that long.
Q:I have a beautiful Easter Egger,and I was wondering if she could be an Ameraucana because she looks like one.Does she meet the
breed standard?
A:If you purchased your bird from a farm store or a major hatchery,your bird is an Easter Egger.Ameraucanas only come In certain explicit colors,and
in addition,have other standards they must meet such as a specific body size,a specific angle at which their tail must be held from their body,a specific
color of their legs,length of neck,color of eye and so on.Even If,an Easter Egger were to meet all these qualifications,she still wouldn't be a true
Ameraucana,because her genetic make-up wouldn't allow her to breed true.That is,her children wouldn't look the same as she does or carry the same
characteristics.She is not the Ameraucana breedoshe just happens to be a beautiful mixed breed whose appearance Is similar in some ways.You
shouldn't enjoy her any less just because she is not an Ameraucana.Easter Eggers are great!However,if you purchased her from a hatchery that sold
her to you under an Incorrect name,we suggest you write them and urge them to correct their error.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER X. ACCESSORY USES,YARDS AND
FENCES ADDING NEW SECTIONS 11 AND 12 AND AMENDING TABLE 19 ADDING
CHICKEN RUNS TO THE CITY OF MCHENRY,ILLINOIS ZONING ORDINANCE
TO PERMIT RESIDENTIAL CHICKENS
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 text
amendments to the City of McHenry Zoning Ordinance; and
WHEREAS, a public hearing on said petition was held on September 8, 2011 before the
Planning and Zoning Commission on in the manner prescribed by ordinance and statute, and as a
result of said hearing, the Planning and Zoning Commission did not recommend to the City
Council the granting of the requested zoning text amendments to allow residential chickens; 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 amendments
currently requested and approved by this ordinance is 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 X. Accessory Uses, Yards and Fences is hereby amended by
adding thereto Section 11. Residential Chickens consisting of the following language.
"11. Residential Chickens
Chicken coops and chicken runs are permitted only in single-family residential zoning districts
(E, RS-1, RS-la, RS-2, RS-3 and RS-4).
Chicken coops must be located in the rear yard but not in the required rear yard (building setback
area), except that on a single family lot having a lot area of 30,000 sq ft or more, a chicken coop
may be located between the principal building and an interior side lot line in accordance with the
following conditions:
1. The coop shall be located behind the front yard and corner side yard building line;
2. The coop shall be set back a minimum of ten(10) feet from the interior side property line,
or the required side yard setback for the district in which it is located, whichever is
greater;
3. A maximum of four hens on properties located in single-family zoning districts only is
permitted;
4. Roosters are prohibited;
5. All owners must obtain a Poultry License and comply with all requirements in the City of
McHenry Municipal Code Chapter 6, Article III Fowl, Sec. 6-40-6-44;
6. Chickens must be kept in a secured stand-alone structure or coop placed no closer than
ten(10) feet from all property lines;
7. All owners must comply with all applicable provisions of Chapter 6, Animals and Fowl,
of the City of McHenry Municipal Code and all other applicable City ordinances, rules,
restrictions and regulations unless otherwise stated to the contrary;
8. Slaughtering of chickens is prohibited".
SECTION 2. That Chapter X. Accessory Uses, Yards and Fences is hereby amended by
adding thereto Section 12. Chicken Runs consisting of the following language.
"12. Chicken Runs
1. The run is permitted to protrude only in the required rear yard and must be fully enclosed
on all sides,top and bottom;
2. The fence enclosing the run shall be open style or transparent (chicken wire is prohibited)
with a maximum height of eight(8) feet;
3. The run cannot exceed fifty(50) linear feet;
4. The run must be located at least ten (10) feet from side and rear property lines".
SECTION 3. That Table 19: Permitted Obstructions of Required Yards is hereby
amended by adding thereto "Chicken Runs, completely enclosed* Rear Yard X (Obstruction)
Only".
SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 5: 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 6: 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 DAY OF , 2011
AYES:
NAYS:
ABSTAINED:
ABSENT:
ORDINANCE NO.
An Ordinance Amending Chapter 6,Animals and Fowl, by adding a new Article III Fowl and
new Sections 6-40-6-44, of the Municipal Code, City of McHenry,Illinois
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.
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
MCHENRY, McHenry County, Illinois, as follows:
SECTION 1: Chapter 6, Animals and Fowl Sec. 6-2(a). Keeping animals other than
household pets of the Municipal Code, City of McHenry, Illinois, shall be amended to add"fowl,
as defined in Article III. Fowl of this Chapter 6".
SECTION 2: Chapter 6, Animals and Fowl, Sec. 6-2(b). Keeping animals other than
household pets of the Municipal Code, City of McHenry, Illinois, shall be amended to delete
"chickens".
SECTION 3: Chapter 6, Animals and Fowl, by adding thereto a new Article III. Fowl and
the following new Sec. 6-40 to 6-44.
"Sec. 6-40.As used in this Article III. Fowl, unless the context otherwise indicated:
Fowl means a domestic hen only.
Owner means any person owning, keeping or harboring fowl.
Poultry License means a poultry license issued by the City.
Sec. 6-41. License Required
All fowl kept, harbored or maintained by their owners within the City shall be licensed by
the City and all Poultry License applications must be completed in full with all necessary
information including but not limited to: Notification to Homeowners Association (when
applicable) and Notification to Neighbors/Abutting adjacent to subject property in
substantial accordance with Article II. Filing Procedures, Section F. Public Notice 2.
Written Notification and 4. Evidence of Compliance. It shall be unlawful for the owner
of any fowl to keep or maintain such fowl unless it has been issued a Poultry License by
the City.
Applications for Poultry Licenses as provided herein shall be made to the City Clerk as in
other cases of application for licenses and permits and all applications shall conform with
the general provisions set forth in Chapter 12, Licenses and Permits Generally of the City
of McHenry Municipal Code, including but not limited to: Sec. 12-6 Inspections;
samples., where no provision to the contrary is made.
Sec. 6-42. Maximum of Ten (10) Poultry Licenses
A maximum of ten (10) Poultry Licenses shall be issued by the City; after which a non-
binding waiting list shall be established and maintained by the City Clerk.
Sec. 6-43. License Fee.
Payment of a fifty dollar ($50) annual fee shall be a prerequisite for securing a Poultry
License under this Article III.
Sec. 6-44. Additional Requirements for Poultry Licenses
(a) Transfer. Poultry Licenses issued under this Article III may not be transferred by the
original licensee.
(b) Change of Location. The location of any Poultry License issued by the City may not
be changed.
(c) Applicants for Poultry License shall comply with provisions in Chapter X. Accessory
Uses, Yards and Fences Sections 11 and 12 and Table 19: Permitted Obstructions of
Required Yards in the City of McHenry Zoning Ordinance".
SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain
and continue in full force and effect.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 6: This Ordinance shall be in full force and effect upon its passage, approval
and publication in pamphlet form (which publication is hereby authorized) as provided by law.
Voting Aye:
Voting Nay:
Absent:
Abstain:
APPROVED: