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HomeMy WebLinkAboutPacket - 05/18/2010 - Community Development Committee City of McHenry �V 333 South Green Street ,. , McHenry,Illinois 60050-5495 COMMUNITY DEVELOPMENT COMMITTEE MEETING AGENDA May 18, 2010 7:00 P.M. Alderman's Conference Room TOPICS OF DISCUSSION: 1. Public Input(3 minute limitation) 2. Discussion on rental properties 3. Discussion on drive-in establishments 4. Discussion on temporary uses 5. Other Business Clerk's Office and Public Works,Construction Parks and Police Administration and Neighborhood Services Recreation (Non-Emergency) (815)363-2100 (815)363-2170 (815)363-2160 (815)363-2200 Fax(815)363-2119 Fax(815)363-2173 Fax(815)363-3186 Fax(815)363-2149 www.ci.mchenry.il.us COMMITTEE SUPPLEMENT TO: Community Development Committee FROM: Douglas Martin, Deputy City Administrator FOR: May 18, 2010 Community Development Committee Meeting RE: Discussion about Rental.Properties Background. In 2006 the Community Development Committee had several discussions regarding rental units and the annual inspection of rental units, property maintenance and the conversion of single-family homes to multi-family dwellings, some illegally. At that time the committee supported the idea of developing a database of property owners having rental units. There was also a Rental Property Registration Form created (attached). In addition, staff was going to send the form to all known property owners having rental property beginning in 2007. For one reason or another that program never materialized. Staff Analysis. I recently contacted the Community Development Director for the Village of Glendale Heights. The Village of Glendale Heights is fairly unique in that they coordinate their "Crime Free Rental Program", modeled after the Mesa, Arizona police department, through their community development department. The City of McHenry recently implemented a similar program through the police department. I received a lot of insight about their rental housing inspection program from Glendale Heights: 1. How many full-time/part-time staff do you have dedicated to this program? "We have one full-time `Housing/Rental Officer' who currently runs/oversees both of our rental programs, runs our Crime-Free Landlord Training Program, and pef,forms standard Code Enforcement Of duties in a patrol area of town. He is assisted by one of our front counter tech's, who open cases, schedules inspections, and helps track case files, and by my secretary, who helps with mailings, updates reports and provides general support to the programs. Our other 2 CEO's assist by making annual inspections of the rental properties in their respective patrol areas. (We had a second Housing/Rental Of — who primarily ran the MF program - but she retired a few months ago. Due to the present economy, she has not been replaced. One of our Building Inspectors has taken up some of the slack by making MF inspections.)" 2. Is it very time consuming? What are the pros and cons? "It is time consuming. We've added a lot of paperwork to our normal routine in administering and tracking the program, BUT- the results are well worth it. " 3. Are the program successful-does it do what you want it to, reduce property maintenance issues and building without permits and/or reduce crime? "We believe the program has been very successful: bringing properties up to code initially; reducing reoccurring code issues in our rental housing; reducing overcrowding; reducing neighbor complaints; and reducing crime. Slowly but surely we are getting our landlords to buy into the program. They complain about the fees ($200 annually for the SF program) and about the costs to bring their properties up to code, but are finding out that after the initial cycle, their tenants are happier and their properties look and function better, which is translating to higher rent potential. They also see that in order to keep their investments viable, good tenants are necessary. Regarding crime reduction, we have been successful in eviction procedures against some of our worst tenants and have been able to `quiet down'some additional problem households. " 4. How did you acquire all rental properties-send out notices to those who you knew had rentals and then just added-on as you went along? "Finding all of the rental properties in town does present a problem. We started out as you suggested. We do the best we can to add properties. We work with our water billing people, who flag us when they get an application for utility service and the owner's address is not the same as the service address. (They also did an initial records search for us when we started the program.) We work closely with our police department, who have been very helpful in passing along information from their calls (which also seem to be higher in rental situations). The PD has seen the successes in our program as well and our two-way cooperation level has increased tremendously in many aspects of both of our jobs. (Our CEO's now regularly attend the PD's beat meetings, and our Housing Officer works very closely with the PD's Special Operations Unit.) We have a realtor who serves on our Appearance Commission —she has provided us with automatic a-mails which show new rental listings in town as they hit the MLS. And we are diligent in our own pursuit of rental properties, watching, listening and questioning. We don't have them all, and probably never will—but we keep at it. " I have attached the Village of Glendale Heights Licensing and Inspection of Single-Family Residential Rental Properties ordinance. In addition to the Village of Glendale Heights I also received information from the Village of Palatine and the Village of Schaumburg. The Village of Palatine in many aspects mirrors the responses from Glendale Heights. The Village of Palatine, however, has two full-time inspectors, one field director and one clerical staff dedicated solely to the rental program. Their program does detailed exterior and interior inspections and they complete inspections on approximately 25% of all multi-family units each year. The other interesting aspect of their program is similar to Glendale Heights in that they also have a crime free housing program which is implemented through the police department. The Village of Schaumburg, however, issues annual rental licenses but does not have the resources to conduct annual inspections or systematic inspections of the interior of units. They do the inspections on a complaint basis. In addition, they also participate in the crime free housing program. Recommendation. To discuss the information presented and direct staff as to how the Committee would like to proceed regarding this issue. RENTAL PROPERTY REGISTRATION FORM Property Address: Number of Units: Studio/Loft 1-bedroom 2-bedroom 3-bedroom 4 bedroom or more Are all of the rental units in the same building? Yes No If no, please attach a plat of survey or drawing that shows each building on the site and indicate the number of dwelling units in each building. EMERGENCY CONTACT INFORMATION Owner Name(1) Phone Address Cell Owner Name(2) Phone Address Cell Is building alarmed? Type of alarm Alarm Co. (burglar, fire) Is there someone on site (i.e. property manager) who should be contacted instead of the owner? If so,please indicate: Property Manager Phone Address Cell Signature of Owner(s) Date Signature of Owner(s) Date Sterling Codifiers, Inc. 6-/e oi d4 It, Page I of 6 Chapter 11A LICENSING AND INSPECTION OF SINGLE-FAMILY RESIDENTIAL RENTAL PROPERTIES 4.11A-1:DEFINITIONS: CODE OFFICIAL:The community development director or his designee. PREMISES:A lot,plot or parcel of land,including the Interior and exterior of any structures thereon. PROPERTY AGENT:A person,operator,firm partnership,corporation,or other legal entity designated in writing by the property owner to the director of community development to be responsible for the compliance with property maintenance of a residential rental property,and to receive any notices or citations. RESIDENTIAL RENTAL PROPERTY:Single-family attached and detached dwelling residential structures or dwelling unit intended to be rented or leased. (Ord.2004-84,10-21.2004) Words or phrases as used in this chapter and not herein deflned shall be defined as provided by the International property maintenance code 2000, international residential code,2000,national electric code 1999 and the Illinois state plumbing code 1998,as may be amended from time to time. 4.11A-2:LICENSE REQUIRED: A.it shall be unlawful for any person,firm,partnership,association,corporation,or other legal entity to operate,maintain or offer to rent within the village any residential rental property,whether vacant or occupied,without first having obtained and maintained a current license or temporary certificate,as provided in this chapter. B.It shall be unlawful for any person to occupy a residential rental property,or for any owner or property agent to allow anyone to occupy a residential rental property,which is not currently licensed or which is without a temporary or permanent certificate,as provided in this chapter. C.It shall be unlawful for any person,firm,partnership,corporation,or other legal entity to offer for rent or to occupy any vacant dwelling unit or any dwelling unit that becomes vacant in a residential rental property,for which a license has been revoked or while such license is under suspension. 0.This chapter shall not apply to the following structures: 1.Single-family owner occupied structures; 2.Single-family residential structures or dwelling units which are vacant but which are not intended to be let for rent; 3.Townhouses and condominium owner occupied units; 4.Hotels,motels,and other structures which rent rooms to occupants if such occupancy is transient only,and 5.Dwellings,buildings,structures and uses licensed and Inspected by the state of Illinois,including,but not limited to,nursing homes,retirement communities and rest homes. 4.11A-3:LICENSE APPLICATION AND REQUIREMENTS: A.Each applicant for a license to maintain a residential property for the purpose of renting it to others shall have successfully completed a mandatory crime free rental housing seminar(the"seminar"),administered by the Glendale Heights community development director,prior to issuance of the license.The seminar may be attended after application has been submitted and the license will be issued after successful completion.Each application filed with the director of community development shall state: 1.The full legal name,address,and home and work telephone number of every owner of record. 2.if the residential property is held in a trust,the name,address and phone number of the trustee and each beneficial interest holder. 3.The address of the residential rental property. 4.The number of dwelling units within the rental property. 5.The names and phone numbers of each tenant. 6.The name,address and phone number of the property agent for the property. 7.The name,address and twenty four(24)hour phone number or numbers of a contact person who,in emergency situations,will be available on a twenty four(24)hour basis and who has the authority to make or authorize repairs as needed. - - - - -- --.--I--J-11---,-1_ T*$__1.T a, .-i--n:.7_0.,,....4._ :a_'ZI Q,v i��zni�nna Sterling Codifiers,Inc. Page 2 of 6 S.The total square footage designated for living and sleeping purposes including individual room sizes as stipulated by the village's property maintenance code as amended. A licensee may be required to reattend the seminar at any Ume upon the director of community development's recommendation.The director of community development,in determining whether or not to have the licensee reattend the seminar shall consider the following factors: 1.Whether the property rented by the licensee is in danger of becoming a nuisance residential rental property as defined in subsection 10 7-1 A of this code;or 2.Whether criminal activity has been occurring on the premises for which a residential property rental license has been issued and the licensee has failed to initiate eviction proceedings. The failure of a licensee to attend and satisfactorily complete the seminar when directed to do so by the director of community development as provided In this subsection shall constitute a violation of this code. B.Each application for a new license or a renewal of an existing license shall be accompanied by a fee of two hundred dollars($200.00)for a residential rental property inspection and housing seminar.Such license fee shall include inspection of one unit.All such fees shalt be payable at the community development department.(Ord.2008-081-17-2008) C.All license fees shall be due and payable on or before March 1 of each year.All licenses shall expire after the passage of one year on February 28. D.No structural,mechanical,electrical or plumbing alterations or repairs,or remodeling,shall be made to the units in a licensed property unless all zoning and building code requirements have been met. E.A copy of the record of tenant names required under subsection 4-11 - (A)of this chapter shall be filed with the license application. F.Whenever there is a change in the ownership or In the occupancy of a residential rental property or the owner's property agent,the owners shall,within (30)days of such changes,file an updated written notice with the code official indicating such changes. G.A license or a temporary certificate for a residential rental property cannot be transferred to another residential rental property,nor to a succeeding owner. 4.11A-4:INSPECTION REQUIREMENTS;TEMPORARY CERTIFICATE,LICENSE ISSUANCE OR DENIAL: A.An inspection shall be scheduled with the code official at the time of the application for a new license or a renewal thereof for any residential rental property. , B.Upon receipt of a completed application for a license for any residential rental property Including the payment of all required fees and the scheduling of a required licensing inspection,the code official shall Issue a temporary certificate indicating that a license has been duly applied for,and that such license shall be issued or denied after the property has been inspected for compliance with applicable village codes.A temporary certificate shall authorize continued occupancy of the residential rental property pending the inspection,issuance or denial of the license.In no event shall a temporary certificate be valid for longer than one hundred twenty(120)days after issuance. C.Licensing inspections of single-family residential rental property shall Include the interior and exterior of the premises. D.When a licensing inspection of a residential rental property reveals any violations of applicable codes,a compliance time frame will be set by the code official.In establishing a compliance time frame,the code official shall determine the reasonable minimal time necessary to correct the violations based upon the number and severity of the violations.The code official shall sent notice to the property owner or the listed property agent and the named prospective current tenant(s)by regular U.S.mail at the last address provided on the most recent license application.Said notice shall include the following: 1.Description of the property suffident for identification; 2.A statement listing the violations of applicable odes; 3.A statement of the date upon which the licensing reinspection will occur, 4.An explanation that,if upon completion of the licensing reinspection the requirements of applicable village codes have not been met,then a written denial of the license application revoking the temporary certificate will be issued. E.A licensing reinspection will be conducted at the end of the compliance time frame.Upon completion of the licensing reinspection of the residential rental property,a license shall be issued K the residential rental property meets the requirements of applicable village codes.If the code official finds that the ,,...u.. .,,.a:re,... ,.--1,...A „Iin9;A=RrrlkantPr ;fi—St 1�51 Rrk 1�i�ni�nnn Sterling Codifiers,Inc. Page 3 of 6 requirements of applicable village codes have not been met,then a written denial of the license application revoking the temporary certificate and specifying the defect shall be transmitted by regular U.S.mail to the applicant. F.Residential rental property which is in total compliance at the time of the licensing inspection shall be issued a license to replace the temporary certificate. If said property remains in compliance and no violations occur and the occupants do not change said property,a one year extension of the license may be received at no additional charge and with no additional inspections being required,If any violation occurs,then an additional Inspection may be required. G.All additional inspections made necessary because of cited violations remaining uncorrected at the time of the initial license reinspection shall be subject to an additional license inspection fee of thirty dollars($30.00)per inspection/per inspector. H.Application for license renewal shall be made in the same manner as for new applications except that such application shall state thereon that it is for renewal. I.As part of the rental housing inspection,all rental units shall be equipped with working smoke detectors as required by the code. 4-11A-5: ENFORCEMENT: it shall be the duty of the department of community development to enforce the provisions of this chapter as authorized by this code and the International Code Council property maintenance code 2000 as adopted and amended from Ume to time by the village. 441A-6:VIOLATIONS: The following shall constitute violations of this chapter. A.Failure of the owner'or owners of record of the residential rental property to license such property with the village. B.Failure of the occupants of the residential rental property to vacate such property within sixty(60)days after receiving notice from the code official that such property is not properly licensed or that the license or temporary certificate has been revoked. C.Failure of the owner or owners of the residential rental property to vacate all tenants from said property within sixty(60)days after the license or temporary certificate has been revoked. D.Failure of the owner or owners of record of the residential rental property to maintain the structure,dwelling units and premises in compliance with the applicable building,property maintenance and zoning ordinances. E.Any person other than one authorized by the code official who removes or defaces any notices which have been posted pursuant to this chapter shall be liable for penalties as provided by this chapter. 4-11A-7:LICENSE;SUSPENSION AND REVOCATION: A.A license may be suspended by the code official when any violation of applicable village codes has been identified by the department of community development and the property owner has been properly notified of the violation and given a period of time in which to correct the violation,but has failed to do so.A license may also be suspended by the code official when any information provided in the license application is determined by the code official to be false. B.When an Inspection of a licensed residential rental property reveals any violation of applicable codes,a compliance time frame will be set by the code official using the standard as set forth in subsection 3-14-5E of this code.The code official shall send notice to the property owner or the listed property agent by regular U.S.mail at the last address provided on the most recent license application.Said notice shall include the following: 1.Description of the property sufficient for identification; 2.A statement listing the violation(s)of applicable codes; 3.A statement indicating the date upon which a reinspection will occur, t,++,..��....,., +e,i;«,.r�.,i:f:A. nntY�Il/�l�Pl1AA�I(►P�R�1l��Tl�ta r�hn9irl=Q�rhantPr iri=51691kk- 1�/��/�i1�9 Sterling Codifiers, Inc. Page 4 of 6 4.An explanation that 9 upon completion of the reinspection the requirements of applicable village codes have not been met,then the license for the residential rental property will be suspended. C.A reinspection will be conducted at the end of the compliance time frame.If the code official finds that the requirements of applicable village codes have not been met upon the completion of such reinspection,then the license for the residential rental property shall be suspended. D.When a license Is suspended,the code official shall send notice to the property owner or the listed property agent and the tenant at the list address provided on the most recent license application.Said notice shall be sent by certified mail,return receipt requested.The notice shall include the following: 1.Description of the property sufficient for identification; 2.A statement of the reasons for the suspension; 3.An explanation of the property owner's right to appeal the suspension to the village administrator, 4.If the property owner changes his address or changes property management agents and fails to notify the department of community development, such notice shall be sufficient N sent by certified mail to the owner or his property agents last address provided on the last license application. E.A property owner whose license has been suspended may request a reinspection prior to revocation.H,upon reinspection,the department of community development finds that the licensed property,in connection with which the notice was Issued,Is now in compliance with this chapter,then the code official may reinstate the license.The request for a reinspection shall not stay the revocation of the license. F.Any person whose license has been suspended shall be entitled to appeal said suspension to the village administrator by fling a written petition within twenty(20)days after the date of suspension.The code official shall transmit to the village administrator copies of all records and notices upon which the suspension is based.A hearing shall be scheduled as soon as practical upon receipt of a timely petition.The village administrator,in considering any such petition,may immediately revoke the license or continue the suspension to a definite compliance date.The penalty for noncompliance shall be revocation by the village administrator and/or prosecution of violations In the circuit court of DuPage County and any fines and penalties Imposed by said court.The village administrator may dismiss the charges and reinstate the license upon proof of compliance or lack of evidence of noncompliance. G.A license may be revoked by the village administrator when a petition for appeal has not be filed within twenty(20)days following the date of issuance of an order of suspension.A license may be revoked by the code official when,in the opinion of the code official,emergency conditions exist in a residential rental property that require the immediate vacating of a structure as specified In the property maintenance code. H.A license which has been properly revoked as herein provided shall not be reinstated.The property owner may,however,obtain a new license after all violations have been corrected.and by following the procedures for obtalning a new license and payment of appropriate fee as set forth In this chapter. I.if a license Is revoked without having the opportunity of a suspension hearing,the property owner has the right to appeal that revocation.Said appeal shall conform to subsection F of this section.Such an appeal shall not operate as a stay of revocation until such time as the village administrator renders a decision on the appeal,unless the code official grants a request for a stay upon showing of good cause by the property owner. J.Whenever a temporary certificate or license is revoked,the code official shall send notice to the property owner or the listed property agent at the last address provided on the most recent license application.Said notice shall be sent by certified mail,return receipt requested.The code official shall also notify all tenants of the residential rental property by posting a notice on all entrances to the rental residential structure.The notice to the tenants shall Include the following; 1.You are hereby notified that the temporary certificate or license for this structure has been revoked pursuant to this chapter. 2.You must vacate this structure within sixty(60)days of the date of this notice,except Is said revocation is pursuant to a declaration of emergency condition by the code official.If emergency conditions exist,the notice to tenants shall provide for the immediate vacation of the structure or dwelling unit. 3.If you fail to vacate this structure,you will be in violation of this chapter and subject to a minimum fine of fifty dollars($50.00)and a maximum fine of seven hundred fifty dollars($750.00)for each day you remain in the residential rental property in violation of this chapter. K.Whenever an owner or property agent of a rental property fails to obtain a proper license,the code official shall notify all tenants of the rental property by posting a notice on all entrances to the rental property indicating the following: 1.You are hereby notified that the owner or agent of this rental structure has failed to license this rental property with the village of Glendale Heights in violation of title 4,chapter 11A of the Glendale Heights municipal code. 2.You must vacate this structure within sixty(60)days of this notice. 3.If you fail to vacate this structure,you will be subject to a minimum fine of fifty dollars($50.00)and a maximum fine of seven hundred fifty dollars ($750.00)for each day you remain in the residential rental property in violation of this chapter. 4.11A-8:OWNER RESPONSIBILITY: l,ttn-/h:ninsr c+prlir cr,-r%lif arc rnm rq=R r•kantPr irl=51 AR i Rrk 117 Sterling Codifiers,Inc. Page 5 of 6 A.The owner of the residential rental property shall maintain a record of each property with the full legal names of every tenant in each dwelling unit. B.The owner or property agent of a residential rental property shall provide each tenant with the name and telephone number of a responsible person who, in emergency situations,will be available on a twenty four(24)basis and who has the authority to make repairs as needed. C.The owner of a residential rental property shall inform each tenant,In writing,prior to occupancy,of the maximum number of persons,per dwelling unit, allowable by the village property maintenance code,as amended.This number shall be determined by the code official in accordance with this code. 4.11A-9:LEASES AND RENTAL AGREEMENTS: A.All rental agreements,leases and renewal agreements shall be in writing,signed by the tenant B.Each rental agreement,lease or renewal agreement shall contain the following provision: The tenants)!s(are)hereby notified that;upon proper notice,the Village of Glendale Heights may conduct reasonable Inspections of the rental property, with the consent of the tenant,for purposes of determining compliance with the Village of Glendale Heights Residential Rental Property Ordinance and other relevant provisions of the Village Code. C.Each rental agreement,lease or renewal agreement shall have an addendum attached thereto stating the following: The Village of Glendale Heights has enacted the following in Its Code of Ordinances: 10.7-1A:Residential Rental Property:This ordinance prohibits criminal nuisance activity on properties located within the corporate limits of the Village of Glendale Heights. Any violation of the above ordinance or any other federal,state,or local criminal,nuisance,or property maintenance statutes,regulations,or ordinances may result in the EVICTION of the tenant who committed,allowed,or facilitated the violation. Tenants and all persons who reside in the leased premises,by assuming possession of the same,agree that the landlord or his agents may release to the Police Department any information concerning the identity of all occupants. Tenants who fail to provide the landlord with the names of individuals who will be temporarily residing at the residence for more than seven(7) consecutive calendar days may be subject to EVICTION. LANDLORD TENANT D.Except as provided herein,this chapter Is not intended to affect the rights and obligations of the parties to a lease or rental agreement for residential rental property. 4.11A-10:INSPECTION ACCESS: If any owner,property agent,tenant,occupant or other person in control of residential rental property or a dwelling unit contained therein fails or refuses to consent to free access and entry to the property or dwelling unit under his control for any inspection pursuant to this chapter,and if the village has the probable cause necessary to obtain an administrative warrant,the code official or his designee may apply to the circult court of DuPage County for an administrative search warrant or other appropriate court order authorizing such Inspection. 4-11A-11:PENALTY FOR VIOLATION: Any person,fim7 or corporation in violation of any of the provisions of this chapter,In addition to other legal and equitable remedies available to the village, shall upon conviction thereof be subject to fines of not less than fifty dollars($50.00)nor more than seven hundred fifty dollars($750.00)for each violation. Each day during which a violation of this chapter continues or Is permitted to exist shall be considered a separate and distinct offense.(Ord.2003-66,9-18- 2003) lk+M-/Aymmr c+urlir�nnnrlifarc nnm/rn�lahnnlr/r►wtRnnlrTlata rl,n9irlcR.rhanlar iA=';1A5Z1Rr1r 17����7�n9 COMMITTEE SUPPLEMENT TO: Community Development Committee FROM: Douglas Martin, Deputy City Administrator FOR: May 18, 2010, Community Development Committee Meeting RE: Discussion on Amendments to the Zoning Ordinance Regarding Drive-in Facilities Background. Currently drive-in establishments are a conditional use in C-2, Neighborhood Commercial Districts and higher numbered commercial districts, C-3, C-4 and C-5 within the City of McHenry. Drive-in establishments are currently defined as follows: "An establishment at which patrons may be served without leaving their motor vehicle. Any restaurant, bank, dry-cleaning establishment, or other business having drive-up or curb service facilities shall be considered a drive-in establishment". The sign section of the city's zoning ordinance permits one menu board sign, with a maximum size of 32 square feet in area and eight feet in height. In addition, menu board signs are permitted in side and rear yards only. The parking and loading section of the zoning ordinance requires five stacking spaces per drive-in window. The most recent drive-in facility request reviewed by the City was for McDonald's and their new contemporary store which will be constructed on Illinois Route 120 (Elm Street) after the existing store is demolished. The Committee will recall that the approved McDonald's drive- in includes two lanes and two ordering boards and the two lanes merge into one lane leading up to the pick-up window. Staff Analysis. There are several ways that the city's current regulations for drive-in establishments can be altered or enhanced. In researching this issue Staff found the following regulations were in place in other communities: • Minimum spacing requirement between the order window/box and the nearest residentially-zoned property; • A solid fence or wall and landscaping requirement between any property with a drive- in/through facility and any adjoining residentially-zoned property to screen headlights, glare from vehicle headlights; • Number of stacking spaces required, typically between five and up to eight for restaurants; • No stacking space shall block any right-of-way or common driveway aisle; • An escape or some type of by-pass lane is required; • Limiting hours of drive-in/through facilities particularly those adjacent to residentially- zoned property. This would typically exclude automatic teller machines (ATMs); • Vehicle stacking area must be isolated from parking and any means of circulation by means of a landscape median; All exterior lighting shall be inwardly directed; • Limiting access cuts to public roadways; • Requiring access to adjoining sites via an internal connection; • Drive-in/through cannot face or be visible from a public roadway; Special/conditional use permit required; • Allowed by special use in office research districts and light industrial districts; • Requiring five stacking spaces for financial institutions, pharmacies, cleaners, etc. but requiring eight stacking spaces for restaurant uses. While the zoning ordinance can be amended to include any of these changes, a drive-in establishment does already require a conditional use permit which by definition allows any conditions to be imposed to mitigate any potential adverse impacts the use may have. Many of these provisions have a lot of merit to be placed in an ordinance; however, staff would caution the Committee that each drive-in facility in today's society is somewhat unique. There may be a drive-in window in a strip mall or in a large shopping center-similar to the Meijer pharmacy and then there are the ones traditionally found at financial institutions and restaurants. To this end each drive-in considered in the future may or may not be able to meet some of the provisions listed above. In that case additional regulations may produce additional variance requests; and, although some variances should not be granted, depending on the situation, some are necessary and make perfect sense. The city would not want to be in a position of amending an ordinance which will only produce more variance requests in the future. Additionally, when amending any ordinance an holistic view of the issue must be taken. If an ordinance is amended based on one particular situation the ordinance tends to become an enforcement problem with other situations in the future. However, being aware of the additional considerations and conditions which could potentially be placed on individual drive- in conditional use permits is beneficial. Staff is not opposed to amending the existing ordinance but does want to make sure the Committee is aware of the concerns associated with the issue. Recommendation. To discuss potential amendments to the zoning ordinance regarding drive- in facilities. COMMITTEE SUPPLEMENT TO: Community Development Committee FROM: Douglas Martin, Deputy City Administrator FOR: May 18, 2010, Community Development Committee Meeting RE: Amendments to the Temporary Use Provisions in the Zoning Ordinance Background. The current temporary use provisions in the city's zoning ordinance permit temporary uses of land in any zoning district by the issuance of a temporary use permit by the zoning administrator. There are provisions included about filing an application, review and also specific conditions for certain types of temporary uses such as: carnivals and circuses, outside display and sale of landscaping materials, sale of Christmas trees, temporary roadside display and sale of produce or other merchandise, downtown or shopping center sidewalk sales and trailers for the temporary storage of merchandise. Provided all conditions of these particular temporary uses are met the zoning administrator, in accordance with the zoning ordinance, has authorization to administratively issue a temporary use permit. The implementation and enforcement of temporary uses, historically, in the City of McHenry has been somewhat inconsistent. Several years ago temporary use requests began coming to the City Council for consideration of approval, approval with conditions or denial. Other temporary use permits, however, were and are currently issued administratively such as: Christmas tree lot sales, sale of landscaping material and temporary use permits to allow the use of trailers for temporary storage of merchandise, such as by Wal-Mart or other retailer most commonly during the holiday season. Finally, some temporary use permits are granted by the City Council and repeated seasonally, such as: outside storage and sale of merchandise, such as at Ace Hardware, Home Depot, Wal-Mart, etc. The final issue that staff has been dealing with more recently are temporary uses held at churches or hotels, such as: renting out space for outside garage sales, use of hotel space to buy collectibles or sell baseball cards. Needless to say there needs to be some clarification on this issue so temporary uses are regulated and enforced consistently across the board. Staff Analysis. Staff believes the best way to address the regulation of temporary uses is to classify them into one of two categories. The first category of temporary uses would allow the zoning administrator, city staff, to issue the permit administratively without specific City Council authorization and the second classification of temporary uses would require City Council consideration and ultimately authorization. The determination on the process used for issuing temporary use permits, whether administratively or by City Council authorization would be based primarily on the temporary use requested as it relates to the zoning of the property and principal use of the property on which proposed. Staff is proposing the following language for consideration of issuance of a temporary use permit administratively by city staff: "The zoning administrator, at their discretion with concurrence of the city engineer, building commissioner, fire district, city attorney or other professional deemed necessary and appropriate or their duly authorized designees, may authorize the temporary use of a building, structure or parcel of land in any zoning district.for a temporary use of land with or without conditions, in accordance with the City of McHenry Zoning Ordinance, that is consistent with the permitted uses of the zoning district within which it falls or is accessory to the principal use of the property on which proposed". Staff is proposing the following language for consideration of a temporary use permit which would require City Council approval: "Requests for the temporary use of a building, structure or parcel of land in any zoning district for a temporary use of land exceeding a total time duration of 120 days, those temporary uses which are currently, in accordance with the City of McHenry Zoning Ordinance, not a permitted use in the zoning district proposed or those not considered accessory to the principal use on the property shall be brought directly before the City Council for consideration and subject to any conditions imposed by the City Council to protect against any potential adverse impacts) on surrounding properties and for safeguarding the public health, safety and general welfare". Currently 120 days is the maximum time period permitted for any temporary use listed in our zoning ordinance. Temporary use permits are a function of zoning and land use; therefore, the criteria on which their issuance is based and the process by which they are considered should be consistent with zoning law and procedures. Recommendation. To discuss and direct staff to proceed with proposed amendment to the City Council for recommendation to schedule a public hearing for consideration before the Planning and Zoning Commission.