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HomeMy WebLinkAboutOrdinances - 21-15 - 04/05/2021 - Nonconformities in Zoning Ordinance CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 21-15 AN ORDINANCE ADOPTING TEXT AMENDMENTS TO CHAPTER 16: NONCONFORMITIES OF THE CITY OF MCHENRY ZONING ORDINANCE Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois April 5, 2021 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 611 day of April, 2021. ORDINANCE NO 21-15 AN ORDINANCE ADOPTING TEXT AMENDMENTS TO CHAPTER 16: NONCONFORMITIES OF 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, the City of McHenry desires to adopt an amortization ordinance to sunset nonconforming uses in residential zoning districts to benefit the health, safety, and welfare of its residents; and WHEREAS, a public hearing was held before the Planning & Zoning Commission on February 17, 2021 and March 17, 2021; and WHEREAS, the Planning & Zoning Commission unanimously recommended approval of the requested text amendments to City Council. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS,AS FOLLOWS: SECTION 1: That Chapter 16 of the City of McHenry Zoning Ordinance is hereby amended to include the text amendment language attached hereto this Ordinance as "Exhibit All. SECTION 2: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 5th day of April, 2021. Ayes Nays Absent Abstain Alderman Devine X Alderman Glab X Alderman Harding Alderman Mihevc k Alderwoman Miller X Alderman Santi k Alderman Schaefer X WayaeJ 4 M ay6r Trisha Ramel, City Clerk Pep.41 Oy 40 "Exhibit A" Draft Text Amendment language: 11-16-3(G), 11-16-3(H), 11-16-3(1) G. Amortization of Nonconforming Uses in Residential Zoning Districts. Any nonconforming use of land located in a residential zoning district which lawfully existed at the time that this Ordinance became effective, shall be discontinued within one (1) year after the Zoning Administrator has provided written notice to the property owner. This section does not apply to nonconforming uses that received approval of a use variance. H. Requests for Extensions of Nonconforming Uses in Residential Zoning Districts. The owner or operator of a nonconforming use in a residential zoning district may request a six (6) month extension of the amortization period.The applicant shall submit a detailed narrative to the Zoning Administrator explaining the request that includes documentary evidence such as: 1)the amount of the owner's investment in the pre-existing, nonconforming use through the effective date of this ordinance; 2)the amount of such investment that has been or will have been realized at the conclusion of the amortization period; 3)the life expectancy of the nonconforming use; and 4) the existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such lease. The Zoning Administrator shall approve or deny the request based upon the documentary evidence. I. Requests for Extensions of Nonconforming Uses in Residential Zoning Districts greater than six (6) months. City Council may grant an extension for the continued operation of a nonconforming use in a residential zoning district. In order to secure an extension of time greater than six (6) months, the owner or operator must submit to the Zoning Administrator a written request for such extension at least sixty (60) days prior to the end of the amortization period. No application for extension received after such time shall be considered. This information shall be supported by relevant documentary evidence such as: 1)the amount of the owner's investment in the pre-existing, nonconforming use through the effective date of this ordinance; 2) the amount of such investment that has been or will have been realized at the conclusion of the amortization period; 3)the life expectancy of the nonconforming use; and 4) the existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such lease. The Zoning Administrator shall notify an applicant of the time and place of a public hearing to be held on such request beforethe Planning&Zoning Commission. The Planning &Zoning Commission shall make a recommendation to be transmitted to City Council who may approve or deny the request.