HomeMy WebLinkAboutPacket - 03/27/2017 - Community Development Committee o,
McHe�
Community Development Committee
McHenry Municipal Center
333 S Green Street
McHenry,IL 60050
March 27, 2017 7:OOpm
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. Recommendation of changes to Teardown and Infill Ordinance
4. Department updates
5. Motion to adjourn the meeting.
The City oFalcHenn'is dedicated to proridin its citizens, businesses,and vi.shors with the highest quality of pro mos
and services in it customer-oriented.efficient,aad fiscal/•responsihle manner.
r•,,,r,,� Department of Community&
Economic Development
333 Green Street
Ross Polerecky, Director
^ McHenry Municipal Center
McHenry, Illinois 60050
1V1C1 l�l ll Phone: (815) 363-2182
Fax: (815) 363-2173
rpolerecky@ci.mchenry.il.us
Community Development Committee
Agenda Supplement
DATE: March 27, 2017
TO: Community Development Committee
FROM: Ross Polerecky, Director of Community Development
RE: Discussion on the Residential Teardown and Infill Ordinance
The October 2016 Community Development Committee meeting focused on the need to
update the Residential Teardown and Infill Lot Ordinance. If the Committee recalls staff was
given the go ahead to investigate and review changes that would maintain the integrity of the
existing Ordinance but allow it to be tweaked to expedite low impact building recognized at
staff level.
The current ordinance requires all teardown and infill lots to go through an extensive
process of organizing a committee and holding a public meeting. The purpose of the
committee is to determine if the new structure being built falls within the predetermined
design guidelines. Over the years staff has recognized that this process has turned away
potential builders who are looking to build on infill lots. These builders are turned away not
because they do not feel they fall within the guidelines however they do not agree with the
timely process put in place and feel it hinders their ability to buy a lot and build all the while
trying to get a return on their investment. In the past the Community Development
Department has brought two variances to City Council bypassing the requirements of the
teardown and infill ordinance, with both of these variances some council members had
concerns a variance was not justified and the builders should follow the processes put in place.
The proposed changes to the ordinance would alter the process to allow low impact building to
occur all the while maintaining the integrity of the existing neighborhoods.
Staff looked at many options to expedite the process, these options included eliminating
the ordinance all together, completely removing the committee and hearing process of the
ordinance or creating conditions that if met would allow the development to be reviewed at a
staff level. The option chosen was to create conditions that if met allowed the applicant to be
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exempt from establishing a committee to review the plans. With this option the applicant must
still abide by all design guidelines set forth in the original ordinance keeping the integrity of the
neighborhood in which the development is proposed, however it would not be necessary to
establish a committee for review purposes. The applicant must meet one of the two following
conditions in order to be exempt from establishing and going before a committee:
1. The proposed development falls within 25% lot coverage of the adjoining homes.
2. A lot of record with recorded architectural guidelines written in an annexation agreement that
is still active.
If neither of the conditions above can be met the applicant must then go before an established
committee set forth by sections 7-195 through 7-199 of the Teardown and Infill Ordinance.
During the review it was also noted that many of the requirements in the Teardown Ordinance
mimicked what the Zoning Ordinance or Municipal Code already required. The attached proposal
eliminates the redundancy and confusion that could play into reviewing a project.
If the Community Development Committee agrees with staffs proposed changes, staff is looking for
a recommendation to move to council for approval.
i
DESIGN GUIDELINES
for RESIDENTIAL
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TEARDOWNS and INFILL PARCELS
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City of McHenry
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Page 2
This document was created by the
City of McHenry
Community Development Department.
For additional information
please call
815.363.2170
Design Guidelines for Residential Teardowns and Infill Parcels, City of McHenry
Page 3
Table of Contents
Introduction............................................................................................................................................................4
Definitions..............................................................................................................................................................5
DesignGuidelines.................................................................................................................................................5
SiteConsiderations........................................................................................................................................5
BuildingScale and Massing...........................................................................................................................8
BuildingDesign..............................................................................................................................................9
Garages...........................................................................................................................................................10
FrontYard Landscaping................................................................................................................................10
Administrative Requirements............................................................................................................................11
Resources............................................................................................................................................................12
Acknowledgments.......................................................................................................................................13
Design Guidelines for Residential Teardowns and Infill Parcels, City of McHenry
Page 4
Introduction
he City of McHenry has a rich history of
residential development dating back to the mid-1800's. It's location, wide range of
employment opportunities, and unparalleled ac-
cess to recreational opportunities make McHenry -_
a desirable place to live,work and play.
The present city of McHenry was settled in 1836
with the first log cabin built on what was the L.C.
Gates property, just west of the current Riverside -
Drive. In 1837, the Village of McHenry was the i
first town or village laid out in the newly created
McHenry County and became the County Seat.
McHenry was incorporated as a village in 1872.
Fifty-one years later, in 1923, McHenry was incor-
porated as a City. McHenry flourished as a resort
area because of the Fox River and took the title,
"Gateway to the Chain of Lakes." Its stability is
owed to the farmers who settled here. the Count's House, 3813 W. Waukegan Road
This Greek Revival style residence is believed to have been built
prior to the Civil War. Count Oscar von Oberstadt lived here with
Housing opportunities abound in McHenry. his family in the 1920's. The home was placed on the National
Newer subdivisions are currently being con- Register of Historic Places in 1982.
structed on vacant farmland and these new homes
offer the space and amenities that today's home buyers seek. However, this can place the City's ex-
isting housing stock at a disadvantage, especially those homes located in the older downtown areas.
As these older homes sell, the new owners may be tempted to renovate, remodel or rebuild. And
while the City can benefit from these changes, it is important to ensure that this redevelopment will
maintain and enhance the qualities that make McHenry a desirable place to live. New construction
must blend with the existing character of the area. It must be compatible with the architectural de-
sign, scale and context of the existing residential properties, which surround it. In order to accom-
plish these goals and take full advantage of the history of the area, City officials believe it is neces-
sary to adopt these guidelines.
These Design Guidelines are intended to serve as a guide for property owners, architects, design-
ers, developers and contractors intending to remove and reconstruct a residential property, or to
develop vacant smaller pieces of property in established areas of the City. There are two types of
sites on which these guidelines will apply. One is a teardown site. Teardown sites currently have a
viable residence on them. However, the residence does not meet the space or amenity needs of the
owner and is to be torn down and replaced with a new home. The second is a vacant or underuti-
lized site. It may have been passed over in the natural course of development or its size or shape
may be a constraint to development. This is a site that may have a building on it, but it has been va-
cant so long that it cannot be repaired, or it may be being used as a parking lot or storage area. For
whatever reasons these parcels are currently underdeveloped, this booklet will assist with redevel-
opment.
Design Guidelines for Residential Teardowns and Infill Parcels, City of McHenry
Page 5
Definitions
The following definitions will detail what properties are to be considered teardown sites or infill par-
cels:
Teardown: A teardown property is one that qualifies as an older, existing residence. The ex-
isting residential structure will be razed and removed from the site and a new residential
building will be constructed in its place.
Infill: An infill site is vacant, underutilized or contains a building that has been unoccupied for
an extended amount of time. The parcels boundaries shall have remained consistent for a
minimum of 10 years. An infill site will need to meet as many of the current code require-
ments as possible without making the site unbuildable.
Design Guidelines
The following pages are design guidelines for teardown sites and infill parcels. These standards will
provide the criteria by which City Boards, Commissions and Staff will evaluate development plans
for consistency with the existing established areas of the City.
Site Considerations
When laying out a new home, the existing characteristics of the site and surrounding area should
be considered. The new home should reflect the character of the site upon which it is located.
Factors to consider include the context of nearby structures, existing mature trees and other
vegetation, and topography.
• front Yard Sethwks
In general, the new home should maintain the front building line of existing adjacent homes
(See Figure 1). Even if the dimension for "a" is less than the current required front setback for
new construction, no variance will be needed, because the construction will fall under these
guidelines and existing language in the Zoning Ordinance.
When the front building line of adjacent structures is not the same, an average should be used
(See Figure 2). This new setback dimension will not require a variance because it will fall un-
der these guidelines and existing language in the Zoning Ordinance.
• Side Yard Sethacks
Where there is a consistent side yard setback established on a block, a new home shall match
the existing setback pattern (see Figure 3). As lot width increases, the side yard setback
should increase proportionally to reduce mass and provide more appropriate separation
from adjacent buildings. For example, if the majority of existing homes are on a 50' wide lot
and a new home is proposed on a 100' wide lot, the required side yard setback should in-
crease by two. (see Figure 4)
Design Guidelines for Residential Teardowns and Infill Parcels, City of McHenry
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Page 6
Design Guidelines
Site Considerations, Cont.
I I �
I I Ja
a a+b
— a — — — b —
New Structures Should STREET New Structures Should be STREET
Maintain the Front Setback an Average of the
Building Line of Existing Front Building Lines of
Adjacent Homes Existing Adjacent Homes
Figure 1. Front Yard Setback Figure 2. Front Yard Setback
I
I I I I 2b
Jb
_ a b 2a a b a _b a b a _
—��-- —�— As lot width increases,the side
New Structures Should yard setback should increase pro-
Maintain the Established STREET portionally to reduce mass and STREET
Side Yard Setback of f provide more appropriate separa-
Existing Adjacent Homes tion from adjacent buildings
Figure 3.Consistent Side Yard Setback Figure 4.Increased Side Yard Set-
• Buildin4 Lavnut
When planning the layout of a new home on a teardown site or infill parcel, there are several
factors to consider:
o The topography of the site should be taken into account when planning the layout of a new
home. Design the home to take advantage of existing grade changes for lookout or walk-
out features. The existing grade should not be significantly modified to accommodate a
new home.
Design Guidelines for Residential Teardowns and Infill Parcels, City of McHenry
Page 7
Design Guidelines
Site Considerations, Cont.
o Preservation of existing mature trees is strongly encouraged. Normally, a home can be
configured in several different ways. Always choose the configuration that will preserve
trees and have the least impact on the site (see Figure 5). Place windows to take advan-
tage of the view provide by mature trees and vegetation. Also, refer to the requirements
of the City's Tree Preservation ordinance.
o Impervious surface should be kept to a minimum. Remember that the building will not be
the only non-porous surface on the lot. A driveway and pathways are required and decks/
patios and built-in pools are other items that are frequently added in the future.
o Consider all available options for garage and driveway placement. The different types of
garages available to use are discussed later in this document. Again, choose the configu-
ration that will preserve trees and have the least impact on the site.
Poor Site Layout Good Site Layout
Figure 5. Building Layout
• Utilities
Newly installed utility services and service revisions necessitated by new construction shall
be underground.
• Mechanical Equipment
Mechanical equipment or other utility hardware shall be screened from view by materials
compatible with the building or with landscaping.
Design Guidelines for Residential Teardowns and Infill Parcels, City of McHenry
Page 8
Design Guidelines
Building Scale and Massing
When designing a home, the scale (height and width) and mass of existing buildings along the
street should be respected. The average height and width of nearby buildings can be used to
determine a general set of proportions for a new residential building (See Figure 6). A new
home need not always be the same height as its neighbors, but is should visually relate to the
established roof line. Details such as sloping roofs, wider horizontal trim, and crafted wood
trim at the end of gables can bring the scale of a new home down. Care should also be taken to
create a residence with similar square footage or appear to have similar square footage to the
existing residences (See Figure 7).
I i I i i
I I I I I
— — —F— 717 17,
New home using similar pro- Street
portions as existing homes
Figure 6. Building Proportions
Additional square footage
Side entry I behind the structure
garage
I I I
II E=J
I I I
I
I I I I
—1..................L.—.—.—.—._.—.—.-I.—.—.—.—.—.—._.—.1..
View from street 1
Figure 7. New Home Having Appearance of Similar Square Footage to Existing Homes
Design Guidelines for Residential Teardowns and Infill Parcels, City of McHenry
Page 9
Design Guidelines
Buildingr Design
The design of a new home should be compatible with the style and character of its surround-
ings.
♦ Architectural style is not restricted, however, extremes of style, or attempts to recreate a
style uncharacteristic with the neighborhood are discouraged.
♦ The entry of the home should serve as the focal point. Doors and windows should be simi-
lar in size, proportion and alignment based on the architectural style of the building, and
to those on adjacent homes.
♦ The use of front porches is encouraged. Garage doors facing a street shall be minimized
to the greatest extent possible through the use of increased setbacks or special design
elements.
♦ A variety of roof lines shall be used. In general, gable, gambrel, or hip roofs are pre-
ferred. Flat roofs should be avoided.
♦ Details from adjacent buildings, such as the masonry work, cornice lines, window shapes
and bulkheads should be reflected in the architecture.
♦ Construction materials such as brick, stone, wood siding and shingles are preferred. Ma-
terials such as aluminum siding, aluminum panels, mirrors or reflective glass, corrugated
fiberglass and metal are not considered appropriate. Aluminum, steel, or vinyl cased
wood windows may be used, but should have an appropriate finish and color consistent
with the overall color scheme.
♦ All sides of a home should receive design consideration. Projecting bays, dormers, and
wrap around porches provide good articulation. Expanses of blank wall can also be sof-
tened through the use of landscape treatments such as foundation plantings or trellises.
Figure 8 below illustrates several of the above items.
Brick and
stone Varied roof
lines
Architectural
details
Entry as focal
point
Figure 8. Building Design
Design Guidelines for Residential Teardowns and Infill Parcels, City of McHenry
Page 10
Design Guidelines
Garages
A garage should be incorporated into the overall design of the new home. Garage doors that
take up a large portion of the front fagade should be avoided. There are several garage options
available for new homes, including:
Tandem Garage
Front Loaded Garage
Side Loaded Garage
Detached Garage
Attached Garage to the Rear
Courtyard Style Garage
If a front loaded garage is used, it should be setback farther from the street than the main front
wall, or incorporate design elements to reduce its visual impacts.
Appropriate Garage Design Inappropriate Garage Design
Figure 9. Garage Examples
Front Yard Landscaping
Good landscaping provides the setting for a home and will help the new building fit into an ex-
isting neighborhood. A variety of plant material should be used when designing the landscap-
ing, including trees, shrubs, groundcover and perennials. Hardscape materials including brick
and stone should be used for driveways, walkways and paths to compliment the exterior of the
building. Decorative fencing can add visual interest for a residence.
without first obtaining a permit.
Design Guidelines for Residential Teardowns and Infill Parcels, City of McHenry
Page I I
Administrative Requirements
Administration
The City of McHenry has established these guidelines in order to preserve history and guide new
development in residential areas. The following details the procedure new development should take
to properly proceed through the City process.
♦ Contact the City to determine if the property would be subject to these guidelines.
♦ Review these guidelines to determine what the requirements will be to develop the property.
♦ Submit an application package containing,
o Application fee of$175.00
o Teardown or Infill Application
o Proof of Ownership
o Plat of Survey with legal description
o List of Owners of all abutting properties (certified mailed notices will be required to
these property owners)
o Site Plan
o Landscape Plan
o Architectural renderings of the building elevations
Additional information that maybe required could be a; Tree Survey,Traffic Analysis or
School Impact Analysis.
There is a 60-day waiting period to demolish a building. This time period allows City staff to submit
the request to the Teardown Committee for review and action. After the Teardown Committee ap-
proves a request, the required documents can be submitted to the City for issuance of a building
permit.
Prior to the demolition the Landmark Commission shall have an opportunity to access the structure
for salvage items. These items may be placed into a museum for display or sold to raise funds for
preservation activities in the City.
Design Guidelines for Residential Teardowns and Infill Parcels, City of McHenry
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Page 12
Resources
There are a multitude of resources available to assist you with the planning of your development or
redevelopment project. A few are listed below:
City of McHenry Landmark Commission Illinois Historic Preservation Agency
Greg Lofgren,Chairman Preservation Services
333 S.Green Street #1 Old State Capitol Plaza
McHenry,IL 60050 Springfield IL 62701-1507
(815)363-2170 www.ci.mchenry.il.us (217)785-4812 www.state.il.us/hpa
McHenry Public Library National Trust for Historic Preservation
809 N.Front Street 1785 Massachusetts Ave,NW,
McHenry,IL 60050 Washington,DC 20036
(815)385-0036 www.mchenrvlibrary.ora (202)588-6219 www.nationaltrust.pW and
vA w.mainstree_t.org
McHenry County Historical Society
6422 Main Street Advisory Council on Historic Preservation
P.O.Box 434 1100 Pennsylvania Avenue NW,Suite 809
Union,IL 60180 Old Post Office Building
(815)923-2267 www.mchsonline.org Washington,DC 20004
(202)606-8503 www.achp.gov
Illinois Main Street
Office of Lt.Governor Pat Quinn McHenry County Chamber of Commerce
Thompson Center 1257 North Green Street
100 W.Randolph,Suite 15-200 McHenry,IL 60050
Chicago,IL 60601 (815)385-4300 www.mchenrychamber.com
(312)814-5220 wvvw.state.il.us/Itcrov/mainstreet
Websites
www.lDreservationdirectorv.com
wVVW.preserveamerica.aov
After you've planned out the details of your project, you're ready to move to the next step — com-
pleting the work. If the work is rather simple, you may choose to do it yourself. For the more com-
plicated tasks, it's best to hire a professional. There are many reputable contractors who can com-
plete the job on time and within budget. Unfortunately, others out to make a fast buck, resulting in
poor quality, or unfinished work. The following tips will help in selecting a reputable contractor:
♦ Get more than one estimate and get them in writing.
♦ Ask the contractor for references and addresses for similar work. Drive by those sites and if pos-
sible, contact the property owner to discuss their experience with the contractor.
♦ Inspect the contract carefully to make sure it includes the contractor's full name, address and
phone number, a description of the work to be performed, starting and completion dates, total
costs of work to be performed, and a schedule for the down payment, subsequent payments, and
final payment.
♦ Never sign a contract with blank spaces or one you do not fully understand. If you are taking out
a loan to finance the project, do not sign the contract until your lender approves your loan.
♦ Find out if the contractor has a warranty or guarantee on his or her work.
♦ Make sure the contractor has minimum amounts of insurance for property damage, bodily injury,
and improper repair.
♦ Get lien waivers. This protects you from claims against you or your property in the event you
contractor fails to pay his or her suppliers or sub-contractors.
♦ Don't make final payment until you are satisfied and all subcontractors are paid.
Page 13
Acknowledgements
These design guidelines have been developed from many sources.Of particular note is the National Trust for Historic Pres-
ervation's Main Street program,who's work is a model for all communities looking to maintain and enhance the vitality of
their downtown areas. Also, thanks are extended to the many communities who have drafted and implemented their own
design guidelines,many of which were refined and used in the preparation of this document.
DESIGN GUIDELINES FOR RESIDENTTAL TEARDOWNS AND
INFII,L PARCELS,CITY OF MCHENRY
City of McHenry
Community Development Department
333 S.Green St.
McHenry,IL 600SO
Phone:815-363-2170
Fax 815-363-2173
Email:ci.mchenry.11.us
r
--P
City of McHenry
ARTICLE XIV.
RESIDENTIAL TEARDOWN SITES AND INFILL PROPERTIES
SPECIAL REQUIREMENTS
MC-05-877
Sec. 7-191. Applicability.
All residential teardown sites and infill parcels that meet one of the two conditions below are exempt
from Sections 7-195 through 7-199 of this ordinance.
1. The proposed development falls within 25% lot coverage of the adjoining homes.
2. A lot of record with recorded architectural guidelines written in an annexation agreement that
is still active.
As defined herein, shall be subject to the requirements of this Article.
Sec.7-192. Definitions.
For the purpose of this section,the following terms shall have the meaning herein described:
Development Department: Shall mean the Construction and Neighborhood Services Department of
the City of McHenry.
Infill Parcel: Residentially zoned property that is vacant, underutilized, or contains a building that
has been unoccupied for a minimum of ten years. The parcel's boundaries shall have remained
consistent for a minimum of ten years.
Teardown Site: Residentially zoned property having an existing older residence on it,which will be
razed and removed from the site so that a new residential building can be constructed in its place.
Adjoinisrg Properties: parcel of real estate abutting or across a street or alley from any boundary of
the property affected by the application.
Lot Coverage: The portion of the lot that is occupied by a principle building and a detached garage
where applicable, expressed as a percentage of total lot area.
Sec. 7-193. Design Guidelines.
The Design Guidelines for Residential Teardown and Infill Parcels, prepared by the City of
McHenry Construction and Neighborhood Services Department and bearing a date of August 2005,
are hereby adopted by reference.
Sec. 7-194.
Additional Building Layout Requirements.
in addition to the requifements of other applieable Codes and Or-dinanees of the City, all teafdew.n.
sites and infill par-eels shall fneet the f 11,,., ing« o ents:
(a) Lot C-everage. A new residential stfuetur-e shall not eover more than 0
,.hieh said struettire is lee ted. Use the approved zoning for that lot.
gar-age doers f4eing a publie street shall be setbaek a minimum of five feet ffem the afy
wall of theprineipal building. Use the approved zoning for that lot.
(e)Side Yard Setbaek-. The required side yard setba ek L r-A ttie_A_r-d0;A,R Site or-inf i 11 par-eel shall be
equal to the fequired side yard setbaek of the distr-iet in whieh said pr-epei4y is leeated. E-keeptien.-
The Fequir-ed side 5,afd setbaek on a lot having a lot width that exeeeds the aver-age width of all the
lets on the same bl--1— -hall be inereased by the 1 1 ,.'ie as lot. i dth Use the approved
zoning setbacks for that lot.
Sec. 7-195. Teardown Committee Established.
A Teardown Committee, consisting of five members shall be charged with reviewing the demolition
plans, site layout and all building plans for the exterior of a new home on a teardown site or infill
parcel. The Committee shall include: 1)the Alderman then holding office in the Ward in which the
demolition/construction is proposed; 2)the Chairman of the Planning and Zoning Commission, or
his/her designee; 3)the Chairman of the Landmark Commission, or his/her designee; 4) one Staff
member from the Construction and Neighborhood Services Department; and 5) a member of the
public, appointed by the Mayor with the advice and consent of the City Council.
195
5/12
Sec. 7-196. Duties of Teardown Committee.
The Teardown Committee is charged with reviewing the demolition plans, site layout and building
plans for the exterior of a new home on a teardown site or infill parcel. The Committee shall review
said plans for:
(a) Conformance with the requirements of this Article.
(b) Conformance with the Design Guidelines for Residential Teardowns and Infill Parcels.
(c) Compatibility with the existing characteristics of the site and surrounding area.
(d) Compatibility with the architecture style and character of existing buildings along the same street.
(e) Conformance with the goals and objectives of the Official Comprehensive Plan,the Downtown
Plan, and the Historic Preservation Plan of the City.
Sec. 7-197. Application to Appear Before the Teardown Committee.
Applications to appear before the Teardown Committee shall be on forms provided by the City.
Every application shall include as a minimum,the items indicated on the application, and a filing fee
of$175.00
Sec. 7-198. Teardown Committee Review Process.
(a)Submittal; Meeting date. Upon receipt of a completed original application to appear before the
Teardown Committee and six copies, a date shall be established for a public meeting and the copies
of the application shall be forwarded to the members of the Teardown Committee.
(b)Notice of Commencement of Demolition or Construction. The applicant shall cause notice of the
proposed demolition or construction:
(1) Within seven days after submitting a completed application to appear before the Teardown
Committee,the applicant must provide notice of the pending demolition or construction, by certified
mail, return receipt,to the owner(s) of to all properties directly abutting the site or across a street,
alley or other public way. A list of these property owners shall be submitted with the application, and
must be approved by the City prior to mailing. Current ownership (taxpayer) information can be
obtained at the McHenry County Assessor's Office, 667 Ware Road, Woodstock, Illinois 60098,
[815]334-4290. Postal Return Receipts (white mailing receipts and green return cards) from the
certified mailing shall be provided to the development department within fourteen days after said
mailing occurs.
(2) Within seven days after submitting a completed application to appear before the Teardown
Committee,the applicant must post the subject property, in a prominent place, with a sign
announcing such commencement. The size, shape, color and message of such sign shall be as
provided by the development department. Such sign shall include notice that the rules and regulations
applicable to demolition and construction work are available at the development department. Such
sign shall be maintained on the subject property until all work on the subject property has been
completed and approved, or until removal of the sign is approved by the Director of Construction and
Neighborhood Services Department.
196
5/12
(3)No demolition or construction on a teardown site or infill parcel shall occur until sib thirty days
after the notice requirements of this Article have been fulfilled or an application is approved by the
Teardown Committee, whichever occurs last.
(c)Public Meeting. The Teardown Committee shall hold a public meeting to consider the
application.No meeting shall be held in the absence of a quorum, which shall consist of three
members of the Committee. During the meeting, an applicant may present witnesses to speak on
behalf of their project and the Committee shall have the right to question the applicant and any
witnesses.
(d) Teardown Committee Decisions. The Teardown Committee shall render a decision on an
application,passed by a majority of its members in attendance, at the close of the public meeting.
The Committee shall approve, approve with conditions, or deny an application based on the criteria
herein. The Committee may not defer voting on any application for more than one meeting unless the
applicant agrees to any further postponement. Applications approved, approved with conditions, or
denied shall be forwarded to the development department and kept on file.
(e)Resubmission. No application that has been denied by the Teardown Committee shall be
resubmitted within one yea sixty days of the date of denial, except on the grounds of new factual
evidence or a change in conditions found to be valid by the Teardown Committee.
Sec. 7-199. Appeals of Teardown Committee Decision.
Any applicant aggrieved by a decision of the Teardown Committee may appeal to the City Council.
(a)Notice of Appeal. A notice of appeal shall be filed with the development department within thirty
days of the decision being appealed. The notice shall include the name, address and telephone
number of the person filing the appeal,the address of the property affected by the decision being
appealed, identification of the section of the ordinance governing the decision being appealed, a
statement of the grounds upon which the appeal is based, the reason given by the Teardown
Committee for the decision, a summary of factual evidence upon which the appeal is based, and all
plans and specifications of the use affected by the decision being appealed.
(b)Stay of Proceedings. The filing of a Notice of Appeal shall stay all proceedings in furtherance of
the action appealed from.
(c)Hearing and Action. Upon receipt, the development department shall transmit the Notice of
Appeal and the complete record of the decision to the City Council. The Council shall fix a
reasonable time for a hearing on the appeal and shall give a minimum of ten days notice to the party
filing the Notice.
(d)Approval Criteria for Appeals. The Council shall reverse the order appealed only if it finds that
the decision appealed: 1)was arbitrary or capricious; or 2) was based on an erroneous finding of a
material fact; or 3) constituted an abuse of discretion; or 4) was based on erroneous interpretation of
this Article.
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Sec. 7-200. Landmark Commission Access to Structures for Salvage Purposes.
Prior to the demolition of any structure on a tear down site or infill parcel,the property owner shall
grant to the City of McHenry Landmark Commission permission to access such structure(s) for the
purpose of salvaging items that may be of historical significance. These items may be placed into a
museum for display purposes or sold to raise funds for historical preservation activities in the City.
See. 7 201. Permit Time Limit.
No permit or approval fer-a!ear-down site or infill par-eel made 'his ehapter e
Munieipal Code shall be valid fer-a period of more than one yealf Wfte-r the, date of issuance. The fee
for an), Fenewal E)r-r-e issuanee of an),permit E)f appreval shall be the safne r.E)st as the or-iginal permi
of approN,4.
See. 7 202. Required Plans and Speeffleations for Obtaining a Building Permit.
Every building per-mit applieation for a teafdown site E)r- infill par-eel shall inelude.the, Pollewing plans
and e s
(a) BuddWgPlans and S
building plans and speeifireations, prepared in eemplianee with the previsions of this Chapter-, for any
struet„ro to be built on the subjeet r ert y
days after-eampletion of demalition,the applioation also shall inelude a detailed site restoration plan
as ided in ubseetion (b) of this soot;
plan depieting all work required to resteFe the subjeet propei4y, within 30 days aftef eempletion o
within 30 days after-eempletion of demelition, the applieation shall inelude a detailed site restefatie-n
ineluding, without lifnitmien, baekfilhfig of an), exeavation, gr-ading, seeding, feneing, storm wate
management-ete.
(e)&ej-m water AMnagenient and Sed Sedimentation and Eresien Centre!Plans. in addition to all
other Gity depaAmental regulations, efdinanees, plans and speeifiea4iens,the permit applieation shall
inelude detailed plans and speeifieations fer-ster-fn wa4er-management, soil erosion eent-fel an
gr-ading on the subjecat pfepei4y. Sueh plans and speeifieations shall be on a drawing separate from all
other plans and sperifiemiens labeled as "storm wa4er management plans" and/or "soil sedimentation
and erosion eantrel plans". Stieh plans and speeifieations shall be pr-epafed by a pr-efessi
-. , hall be made in eenformanee with the requir-ements of the Gity's subdivision a
that all r .mots f the Gity's ade r-din and r l.,tio ela4ed t storm ,te
o `�, '• �, n o iutvu w uwiiii`vvuw.
management, soil erosion eentrel and grading shall be satisfied by the applieant at all times. Amen
thee-detail the r r-ed st.,...,•. . ,.,tor management plans sshall elude:
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(1) Drainage plans and soil eresion r-OH401 during demolifieft,
(2) Ster-fn water-management and soil erosion eo el during any period of tifne between een+pletiea
feunda4ien paufing and eentinuing during the entire fl&A'60f1StFU66E)f1 PfE)Gess until final gFading-of
speeifiea4iens, showing the l0eation of all werk affeeting, and all par-king and leading aetivities
planned to take plaee on, publie > sidewalks,
and other rights of way. Sueh plans
(!) Leeation ef pavement, sidewalks and trees that may be affeeted by the pr-eposed w
Ya ,
(3) Proposed leeation for-all par-king of eentraeter and worker Vehieles;
sidewalks and tfees-,
propesed leeation for-storage of matefials and spoils on the subjeet propefty that afe eensistent wit
City seil and sedimentation and er-esion eentrel requirements.
> without ,
e
and any other measures to be taken to eentfe.air-bofne
pai4ieles.
Sec. 7-203.Fencing.
(a) If a permit issued by the City authorizes demolition or construction of a new structure,then the
applicant shall install a six-foot chainlink fence around the perimeter of the structure under
construction, around the perimeter of the entire site, or around the perimeter of adjacent structures
concurrently under construction, and such installation shall be in a location and manner approved by
the development department. The fencing shall be installed not more than seven days, nor less than
four days before commencement of any work on the subject property, including mass grading and the
installation of site utilities,pursuant to any permit issued by the City. Such fencing shall remain in
place until a certificate of occupancy is issued for the structure. The location of the perimeter fencing
may be changed during the construction period with the approval of the development department.
"No Trespassing" signs shall be mounted on the fencing in conspicuous locations around the site.
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(b)Any gate in a perimeter fence must be closed at all times, except to allow ingress and egress to
and from the site. Such gate must be locked at all times, other than permitted hours of construction,
and at any other time when no work is being performed on the site, for example Sunday or holidays.
(c) Fencing, as provided in this section, shall also be required around any activity,whether a building
permit is required or not,where construction or landscaping materials are stored or stockpiled.
(d) In addition to perimeter fencing as required in this section,the permit applicant shall cause safety
fencing to be installed around every tree in the parkway abutting the subject property. Such tree
fencing shall be located, as far as feasible, at the dripline of the tree, whether on public or private
property; provided, however,that this subsection shall not be construed or applied to authorize
placement of tree fencing on private property not owned by the applicant, unless proper permission
for such tree fencing has been secured from the property owner by the applicant. If placement of tree
fencing is not feasible at the dripline of the tree,then such fencing shall be installed in a location
approved by the development department.
(e) When a violation of this section is observed,the permittee, general contractor, or property owner
shall be notified promptly and shall correct the violation within two hours of receiving notice thereof.
If the violation is not corrected,the City shall have the right, but not an obligation,to correct the
violation. The costs and fees associated with such corrective action shall be charged to the permittee
or property owner, and the City may place a lien on the property to collect such costs. The City shall
also have the right to issue an immediate stop work order applicable to the site until compliance is
achieved and/or the costs, fees or fines are paid.
A fee of$50 peF ineh ealiper-shall be paid at the fifne of permit issuanee, for any tree having a ealipef
of See. 7 204. Tree Removal Fee.
for r-emoving any tree not speeified on an appr-eved permit shall be $500, plus $250 fer-ever-y inehl.
eF fnere, fneastir-ed 4" frem the gr-ound that is removed from a tear-dewn er- infill site. The fine
followingThe site management apply y
(a) 4eees-sibilio,, Parking and Leading. No pavement er sidewalk within any publie right of way
shall be unavailable for-publie use at any time, e�ieept when sueh pavement of sidewalk is Femoved
and r-eplaeed.NE) sueh pavement or sidewalk that is femeved and replaeed shall be out of seizviee fe
more than three days without the pfier-appreval E)P+L- A-velopment depaftment.No , >
eF star-age ef demelition debr-is, soil or-eenstruefien materials shall be pefmiaed within any rigM of-
pr-epei4y, unless speeifieally appr-eved by the City and shewn on approved - -eessibilit-y plans as
required by seetion 7 202(d). The City may prohibit par-king in any partieular leeation on a public.
right of way if the City determines that surah parking has an adverse impaet on neighboring pr-opefty
or-tr-affie eentrel. All uses of vehieles shall eemply with applieable eedes related to par-king and fifn
of epermien of vehieles-.
2�08
dur-ing m,efk by means of a water tfuek and spraying equipment her-watef souree eapable of -by
er-eation and migration of aifbofne pai4ieles, ineluding, without limitation, dust, from the subjerst.
(e) Grovel AMt. When deter-mined by the City Engineer to be appropriate and-pr-aetirable,
removed ff-p----the tives vehieles. The gravel mat shali be Weated so as not to wit",
f4eility is available on the eenstr-urstien site. The proposed loeation of any peftable toilet.shall be
wid Debi
eentff-Riled a4 all times. The applieant shall designate a per-son regular!),pr-es— -++t,- -A.—+
as having respofisibilit�,to assure that ne lit4er- of debfis leaves the subjeet pfepeFty and that all litter
Duet,
(f) Preet and Sidewalk-0eaning. The applieant-shall eause ali dirt, mud,gfavel, and other debris
r-egularb, ffoFn all sidewalks and streets aE�eining and in the area of the subjeet propei4y en every
prop y
authorize --+r-y ont Joining the subjeet pr-opefty or-any wafk fer-whieh entry onto
been
o of such prop
(h)storm W-ater AMnagement. Stofm water-shall be managed dtifing all phases ef demolition and
new eofistr-uetion se as not to impaet adjaeent properties and ef way in aeeefdanee
with the requirements of the subdivision and engineering guide-.
2-"
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(i) Was�ewater Disehar-ge. No per-son shall andei4ake any work pursuant to a pefmit issued under-this
ehapter from whieh the diseharge of an),wastewater-will be eaused of asseeiated,withetA pr-io
appfeval of the Dir-eete-Af-plihliva. IA or-ks. it shall be the duty of the per-son undei4aking any suGh
wark to direct All ;A,Aqt.A
di se h `be d onto an),Y ublie-pr^pcn r'Tto-any-vuterbasii or och -City sewer--fa vilit
y.
subfeet to the pr-evisions of Munie-ip>al Code Chapter- 14, oeetion 14 8 herein, related to tlifnitations on noise. he
> ,
teleeemmunieations deviee nor athef sueh objeet at sueh a velti other manner-that would
eause a nuisanee or-dis uwbbaaneete t—A -any per-son. Ever-), eentr-aetor and pefmiaee shall be responsible
fifflr A-11 -Aetiens ef�hek empleyees, agents, and subeontraeter-s under-this subseetion, and shall be
sub^ ;T
(k)Permissible Aeurs 4C-ens-truetien. All wer-k undertaken pur-stiant to a pefmit issued under this
1) 7.00a.f:n. Q.nn p anweekdays
See. 7 206 Co „t, f Co str eti or- Site Recto ati
demolition.Either-eenstruetion of an approved new str-uetur-e shall have eemmeneed, or-the subjeet pr-opefly shall
have been fully r-ester-ed in eenfbfmanee with the approved site rester-ation plan, if any, or-with sueh
other plan as may be appr-oved by the City, within 30 days after the eempletion of the
Sueh 30 day period may be extended by one day for every business day thatweather-eenditions-
prevent v visti uetavi sto at: , . the .bjeet property, ^ determined by the Dir-eeter- f
Sec. 7-207. Violations; Penalties.
(a) Except as otherwise indicated, any person who violates, disobeys, omits, neglects, or refuses to
comply with or resists the enforcement of any of the provisions of this article shall be fined not less
than $500, nor more than $1,000. Each day such violation or failure to comply is permitted to exist
after notification thereof shall constitute a separate offense.
(b)No certificate of occupancy shall be issued for any construction undertaken in conjunction with
the provisions of this article until such time that all penalties and fines have been resolved to the
satisfaction of the Director of Construction and Neighborhood Services Department.
Sec 7-208-7-215. Reserved.
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