HomeMy WebLinkAboutOrdinances - MC-19-1209 - 10/07/2019 - Zoning Ordinance - Vaping Establishments CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance MC-19-1209
ORDINANCE AMENDING THE TEXT OF ARTICLE III GENERAL DISTRICT
REGULATIONS,ARTICLE V COMMERCIAL DISTRICTS AND ARTICLE XIX
DEFINITIONS OF THE CITY OF MCHENRY ZONING ORDINANCE
REGARDING VAPING ESTABLISHMENTS
Adopted by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
October 7,2019
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry,McHenry County, Illinois this 8th day of October,2019.
Ordinance MC-19-1209
ORDINANCE AMENDING THE TEXT OF ARTICLE III GENERAL DISTRICT REGULATIONS,ARTICLE
V COMMERCIAL DISTRICTS AND ARTICLE XIX DEFINITIONS OF THE CITY OF MCHENRY ZONING
ORDINANCE REGARDING VAPING ESTABLISHMENTS
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;
WHEREAS, the City Council of the City of McHenry has determined that is in the best
interest of the City to amend the current Zoning Ordinance regulations relating to vaping stores
and to clarify that such uses include establishments that sell alternative nicotine products as set
forth in this Ordinance (the "Proposed Amendments");
WHEREAS, a petition has been filed by the City Council of the City of McHenry requesting
a Zoning Text Amendment to the Zoning Ordinance;
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on September 18, 2019 in the manner prescribed by ordinance and statute, and as
a result of said hearing,the Planning and Zoning Commission did recommend to the City Council
the granting of the requested Zoning Text Amendment; and
WHEREAS, the City Council has considered the evidence and recommendations from the
Planning and Zoning Commission and finds that the approval of the requested Zoning Text
Amendment 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:The foregoing recitals are incorporated into this Ordinance as if fully set forth
in this section.
SECTION 2: Article XIX Definitions of the City of McHenry Zoning Ordinance is hereby
amended by adding thereto the following definitions:
Vape Store: Retail establishment which specializes (25% or more of its shelf space
inventory) in the sale of electronic and/or e-cigarette items, products and/or paraphernalia."
Vaping Product: Any item and/or paraphernalia used for vaping and/or utilized for
electronic and/or e-cigarettes.
Vaping: Inhaling vapor which is produced by either a vaporizer or electronic cigarette.
Electronic Cigarette/E-Cigarette: A battery-operated device designed to resemble a
traditional cigarette used to inhale nicotine vapor; a device that aerosolizes nicotine for
inhalation but does not burn tobacco.
SECTION 3: Article III of the City of McHenry Zoning Ordinance is Hereby Amended to
add a new subsection R as follows:
R. Vape Stores and Accessory Use of Vaping Products.
1. Principal Use:Vape Stores may be established as a principal use only in the C-5 Highway
Commercial Zoning District as specified by this Ordinance after obtaining a tobacco license.
2. Accessory Use Vaping Products also may be sold as an accessory use in all commercial
zoning districts so long as a) the vaping products display and storage utilize less than two (2)
percent of the gross floor area of the authorized principal structure or two-hundred (200)square
feet, whichever is less; (b) they are customarily and traditionally incidental to the principal use,
such as in the case of a grocery store, convenience store, or similar retail use; and (c) a tobacco
license is obtained prior to the sale and/or distribution of any vaping products.
3. The minimum distance between any two vape stores shall be one thousand (1,000)
feet, as measured from front door to front door.
4. The minimum distance any vape store and any lot, premises or building used primarily
as a school, child care facility or for the education or recreation of children under 18 years of age
shall be one thousand (1,000) feet, as measured from the front door to the front door.
SECTION 4: That Article V Commercial Districts Group N: Additional Permitted Uses in C-
5 District is hereby amended by adding thereto the following language:
"Vape Stores"
SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 6: 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 7: 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 7th day of October, 2019.
Ayes Nays Absent Abstain
Alderwoman Baehne 41
Alderman Devine •Y
Alderman Glab k
Alderman Mihevc a'
Alderwoman Miller A'
Alderman Santi X
Alderman Schaefer X
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk