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HomeMy WebLinkAboutOrdinances - 21-3 - 01/18/2021 - Text Amendments - Zoning Ordinance CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 21-3 AN ORDINANCE ADOPTING TEXT AMENDMENTS TO THE CITY OF MCHENRY ZONING ORDINANCE Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois January 18, 2021 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 19th day of January, 2021. ORDINANCE NO 21-3 AN ORDINANCE ADOPTING TEXT AMENDMENTS TO THE CITY OF MCHENRY ZONING ORDINANCE 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 before the Planning and Zoning Commission on November 18, 2020 and December 16, 2020 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did unanimously recommend to the City Council the granting of the requested text amendments; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested text amendments currently requested and approved by this ordinance are consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That Chapter 16: Nonconformities of the City of McHenry Zoning Ordinance is here by repealed and replaced with the text amendment language attached hereto this Ordinance as "Exhibit A". SECTION 2: That Chapter 6 District Regulations of the City of McHenry Zoning Ordinance shall be amended by adding thereto the following language: "11-6-20: Outdoor Storage A. Applicability. The following standards apply to outdoor storage as an accessory to a non- residential use. The storage of construction equipment and materials on properties under active construction are not subject to these restrictions. 1. All outdoor storage shall be paved with asphalt or concrete unless determined by the Zoning Administrator to not be necessary. 2. Outdoor storage is prohibited within the required front and corner side yard setback of the underlying zoning district. 3. Outdoor storage of bulk materials is prohibited unless enclosed within a storage container. 4. All materials stored onsite shall be related to a permitted use of the property and shall be maintained in a neat and orderly appearance as determined by the Zoning Administrator. 5. No required parking area can be used for outdoor storage. 6. Outdoor storage areas shall be reasonably screening from view off the property by any combination of buildings, solid fencing, or solid landscaping. a. The fencing or landscaping shall have a minimum height of six (6) feet at the time of installation. Storage is prohibited outside the screened area. b. The Zoning Administrator may require the installation of fencing in addition to solid landscaping. " SECTION 3:That Section 11-12-2(H)1 Parking Of Recreational Vehicles And Trailers is hereby deleted and replaced with the following language: "H. Parking Of Recreational Vehicles And Trailers: 1. Residential Districts: a. Only one recreational vehicle or trailer shall be permitted in the required front yard or required corner side yard, as defined in section 11-3-1 of this title. b. Trailers and recreational vehicles must be properly licensed. c. Additional recreational vehicles and trailers shall be maintained, kept, stored and/or parked on an approved solid parking surface no less than the minimum dimensions of the vehicle or trailer being parked thereon, but in no case shall the parking surface be less than nine feet by eighteen feet (9' x 18'). d. Said parking surface shall be constructed of paved, permanent, dust-free, homogenous material or brick pavers provided the parking surface does not allow grass or other vegetation to grow within, on or above the solid parking surface unless approved by the Zoning Administrator. e. Said parking surface shall be required to connect to the right-of-way." SECTION 4: That Section 11-14-1 Accessory Uses and Structures shall be amended by adding thereto the following language: "K. Accessory Storage Buildings: All garages and other common accessory structures used for storage shall be considered accessory storage buildings. 1. Accessory storage buildings greater than 200 square feet shall not be permitted to have an overhead door unless connected to a public right-of-way by a driveway constructed of paved, permanent, dust-free, homogenous material or brick pavers provided it does not allow grass or other vegetation to grow within, on or above the solid surface unless approved by the Zoning Administrator. 2. Accessory storage buildings less than 200 square feet and do not contain a motor vehicle, recreational vehicle or trailer used for transportation that will be accessing the right-of- way, an overhead door shall be permitted but a connection to the public right-of-way is not required." SECTION 5:That Section 11-9-7 Table 2, Group J: Additional conditional uses in C-5 District, be amended by adding thereto the following language: "Towing Businesses." SECTION 6: That Section 11-19-3: Minor Variances is hereby deleted and replaced with the following language: "11-19-3: Minor Variances A. Purpose and Scope: The purpose of Minor Variance procedures is to reduce the time and expense to homeowners of obtaining approval of simple variances that are likely to have minimal adverse impact in residential neighborhoods. B. Application: The fee owner, contract purchaser, or option holder of a single family detached or attached dwelling or single family detached or attached building lot that wishes to request a variance for that dwelling or lot may apply under Minor Variance procedures. C. Administrative Variation: Applications for Minor Variances may be reviewed and approved administratively. 1. The Zoning Administrator will review, and may approve with conditions, Minor Variance applications that meet the following standards: a. A complete application has been submitted to the Zoning Administrator. b. A notice has been delivered via certified mail, return receipt requested, to adjacent property owners that are abutting or across a public right- of-way. c. No written objections have been received. If any noticed property owner files a written objection to the administrative variation within fifteen (15) calendar days of receipt of such notice, the Minor Variance shall be denied. 1. If denied, the property owner may submit an application for Minor Variance to be considered by the Planning& Zoning Commission and City Council. Applicants requesting a review by the Planning& Zoning Commission and City Council shall follow all procedural requirements as provided for in Section 11-19-3(D) Filling Submissions. 2. The Zoning Administrator may deny administrative variation requests if he or she believes it will negatively impact property values or negatively impact the health, safety, and welfare of the general public." SECTION 7: That Section 11-2-5: Zoning Filing and Hearing Fees is hereby deleted and replaced with the following language: "11-2-5: Zoning Filing and Hearing Fees: A. All applications for zoning relief, except as otherwise provided, shall be accompanied by a filing fee in the amount of nine hundred fifty dollars ($950.00). Where the zoning application requests a minor variation only (as defined in this title) and the applicant elects to have the Planning and Zoning Commission hear the application on the same date the Planning and Zoning Commission has scheduled another application for hearing, the initial filing fee shall be one hundred seventy five dollars ($175.00); in the event that the applicant for a minor variation elects a hearing date on which no other application is scheduled for hearing, the initial filing fee shall be four hundred twenty five dollars ($425.00). (1987 Code §17-6; amd. 2019 Code)" SECTION 8: That Section 11-2-6: Retained Personnel Deposit is hereby deleted and replaced with the following language: "11-2-6: RETAINED PERSONNEL DEPOSIT: A. Zoning Relief: The Zoning Administrator may require a retained personnel fee to be used toward deferring the expenses and fees of its retained personnel as described in section 11-4-4 of this title, and the expense of providing copies of unapproved Planning and Zoning Commission minutes, reports, and recommendations as provided in subsection 11-1-2D of this title. At any time that the balance of the initial retained personnel deposit is reduced to the sum of seventy five dollars ($75.00), the zoning applicant shall make such other and further deposit, upon the request of the City, as may be necessary to restore the retained Personnel Fund to cover the expense incurred. (1987 Code §17- 5; amd. 2019 Code) B. Other: The retained personnel deposit for the establishment of an Integrated Design District (IDD) for property located within the corporate limits of the City, for property located within the mile and one-half jurisdiction outside the corporate limits of the City and property in the process of being annexed to the City, shall be as set forth in title 14, chapter 1 of this Code. C. Stay Of Proceedings: All proceedings in connection with zoning applications shall be stayed until the zoning applicant has complied with the retained personnel requirements of this section. (1987 Code § 17-5)" SECTION 9: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 10: 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 11: 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 18th day of January, 2021. Ayes Nays Absent Abstain Alderman Devine f Alderman Glab Ik Alderman Harding .r Alderman Mihevc fi Alderwoman Miller le Alderman Santi .r Alderman Schaefer X )4/44�- /;14 Wayne e , May r Trisha Ramel, City Clerk "EXHIBIT A" CHAPTER 16 NONCONFORMITIES SECTION: 11-16-1: Purpose 11-16-2: Applicability 11-16-3: Nonconforming Uses 11-16-4: Nonconforming Structures 11-16-5: Nonconforming Lots of Record 11-16-1: Purpose The purpose of this Section is to regulate uses, structures, and lots that were in compliance with previous zoning regulations, but do not conform to current zoning regulations as a result of adoption of or amendments to this Ordinance. The intent of this Section is to specify the circumstances under which legal nonconforming uses, structures, and lots may be continued, altered, or expanded as well as circumstances under which such nonconformities shall be gradually eliminated. 11-16-2: Applicability A. Authority to Continue 1. Any use, structure, or lot that was established legally as of the effective date of this Ordinance, or its subsequent amendments, may continue as long as it remains lawful. 2. Any use, structure, or lot that was established legally as of the effective date of this Ordinance, or its subsequent amendments, and has been made nonconforming due to the regulations of this Ordinance, or its subsequent amendments, is a legal nonconforming use, structure, or lot and may continue subject to the provisions of this Section as long as it remains otherwise lawful. 3. Any use, structure, or lot that was established illegally as of the effective date of this Ordinance, or its subsequent amendments, shall remain illegal if it does not conform with the requirements of this Ordinance. 4. If property is used in a manner that was classified as a permitted use prior to the effective date of this Ordinance, and that use is now classified as a conditional use as of the effective date of this Ordinance, that use is deemed a nonconforming use. Such uses are allowed to continue and are controlled by the provisions of this chapter. However, any addition, enlargement, or expansion of the use is required to obtain a conditional use permit at the time of the addition, enlargement, or expansion. B. Nonconforming Status. The legal nonconforming status of a nonconforming use, structure, or lot rests with the property and shall not be affected by changes in property ownership, tenancy, or management. C. Burden of Establishing Legal Status. The burden of establishing the legal status of a nonconforming use, structure, or lot under the provisions of this Ordinance shall be the responsibility of the owner of such use, structure or lot. 11-16-3: Nonconforming Uses A. Applicability. A legal nonconforming use is the use of land that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Ordinance. B. Expansion of Use. A legal nonconforming use shall not be expanded, enlarged, or increased in intensity to include any land area or structure not previously occupied by such legal nonconforming use. C. Relocation of Use. A legal nonconforming use shall not be relocated on the same lot or any other lot unless the relocation of such use meets the requirements of the zoning district in which the use is relocated. D. Damage or Destruction of Use. 1. In the event that any structure devoted in whole or in part to a legal nonconforming use is damaged or destroyed to the extent of 50% or more of its replacement value, then the use cannot be continued unless it meets the requirements of the subject zoning district. 2. In the event that a legal nonconforming structure is damaged or destroyed to the extent of less than 50% of its replacement value, the structure may be repaired provided that: a. The repairs will not create any new nonconformity or increase the degree of any existing nonconformity. b. A building permit is obtained for such repairs within 180 days of the date of damage or destruction, and such repairs are completed within one year of issuance of the building permit. 3. The replacement value of the legal nonconforming structure shall be established by: a. The sale of the structure within the previous year, or if that is not applicable; b. An appraisal of the structure within the last two years, or if that is not available; c. The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available; d. An alternative method determined acceptable by the Zoning Administrator. E. Change of Use. A legal nonconforming use shall not be changed to any other use unless the use is allowed within the subject zoning district. F. Discontinuation or Abandonment of Use. If a legal nonconforming use is discontinued, or the structure that it occupies becomes vacant or remains unoccupied for a continuous period of at least 30 days, such use shall be deemed abandoned and shall not be reestablished regardless of the intent to continue the use. Any subsequent use or occupancy of such land or structure shall meet the requirements of the subject zoning district. The following exceptions apply: 1. If the period of such discontinuance is caused by government action or acts of God, it is not included in calculating the length of discontinuance. 2. If the property owner files notice in writing of the suspension of a nonconforming use with the Zoning Administrator prior to the expiration of the continuous period of at least 30 days. The Zoning Administrator may approve an extension of such timeframe not to exceed 30 days. 11-16-4: Nonconforming Structures A. Applicability. A legal nonconforming structure is a principal or accessory structure that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Ordinance. For the purposes of this Section, legal nonconforming structures shall include signs (see §10-20-8: Nonconforming Signs), on- site development, off-street parking and loading facilities, and landscape characteristics. B. Ordinary Maintenance and Repair. Ordinary maintenance and repair may be performed on any legal nonconforming structure provided that such activities will not create any new nonconformity or increase the degree of any existing nonconformity. C. Structural Alterations, Enlargements, and Additions. Structural alterations, enlargements, and additions shall not be performed on any legal nonconforming structure, except in the following situations: 1. When the alteration, enlargement, or addition is required by law or is necessary to restore the structure to a safe condition as determined by the Zoning Administrator. 2. When the alteration, enlargement, or addition is for the purpose of creating a conforming structure. 3. When the alteration, enlargement, or addition will not create any new nonconformity, extends no further than the existing non-conforming setback, and does not increase the height of the existing structure. D. Relocation. A legal nonconforming structure shall not be relocated on the same lot or any other lot unless the relocation of such structure meets the requirements of the zoning district to which the structure is relocated. E. Damage or Destruction. 1. In the event that a legal nonconforming structure is damaged or destroyed to the extent of 50%or more of its replacement value, then the structure may not be repaired unless it meets the requirements of the zoning district in which the structure is located. 2. In the event that a legal nonconforming structure is damaged or destroyed to the extent of less than 50% of its replacement value, the structure may be repaired provided that: a. The repairs will not create any new nonconformity or increase the degree of any existing nonconformity. b. A building permit is obtained for such repairs within 180 days of the date of damage or destruction, and such repairs are completed within one year of issuance of the building permit. 3. The replacement value of the legal nonconforming structure shall be established by: a. The sale of the structure within the previous year, or if that is not applicable; b. An appraisal of the structure within the last two years, or if that is not available; c. The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available; d. An alternative method determined acceptable by the Zoning Administrator. F. Extension of Walls for Nonconforming Single-Family and Two-Family Dwellings. Where a single-family or two-family dwelling is a legal nonconforming structure because of encroachment into the required setback, the structure may be enlarged or extended vertically along the same plane as defined by its existing perimeter walls, so long as the resulting structure complies with the required side yard setbacks and does not increase the degree of the existing nonconformity or otherwise violate this Ordinance. G. Principal Single-Family and Two-Family Residential Structures Deemed Conforming. Lawfully created principal single-family and two-family residential structures, which also may include a legal nonconforming detached garage, that do not meet the underlying zoning district requirements as of the effective date of this ordinance shall be allowed to be rebuilt in the same building footprint if damaged or destroyed provided that: 1. It does not increase the degree of the nonconformity; 2. The nonconforming principal residence and/or detached garage is reconstructed within one year of being damaged or destroyed. 11-16-5: Nonconforming Lots of Record A. Applicability. A legal nonconforming lot of record is a lot of record that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Ordinance. B. Contiguous Nonconforming Lots of Record. If two or more contiguous lots of record are owned by a single party, or by related parties, and one or more of the lots does not meet the requirements for lot area or lot width as established by this Ordinance, then the lots of record shall be developed as a single entity. C. Nonconforming Residential Lots of Record. Any lawfully created lot of record as of the effective date of this title that is located in a Residential District, that has no substantial structure upon it, and is legal nonconforming may be used for a single-family detached dwelling without elimination the nonconformity provided the residence meets the underlying zoning district's setback requirements. D. Lots or Parcels Deemed Conforming. Lots or parcels created as a result of the following actions are deemed conforming for the purposes of this Ordinance: 1. When land area is acquired by a government agency for expansion of right-of- way 2. When the action of waterways that forms the boundaries of a lot reduce the lot area. 3. When property lines are established by a court order in order to settle a boundary dispute between adjacent property owners.