HomeMy WebLinkAboutOrdinances - 22-47 - 08/15/2022 - Zoning Text Amendments e '
CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 22-47
ORDINANCE GRANTING VARIOUS 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
August 15, 2022
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 16th day of August 2022
ORDINANCE NO 22-47
ORDINANCE GRANTING VARIOUS 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 approval of text
amendments to the City of McHenry Zoning Ordinance and Fence Regulations; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on July 20, 2022 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 request 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: That §11-3-1 Definitions is hereby amended to include the following
definitions:
Residential Care Facility: A group care facility licensed for 24-hour medical or non-
medical care of persons in need of personal services, supervision, or assistance essential
for sustaining the activities of daily living, or for the protection of the individual. A
"Residential Care Facility" includes assisted living facilities, nursing homes, hospice,
continuum of care facilities, memory care and independent living. A "Residential Care
Facility" does not include "Community Residence.
Community Residence:A group residence consisting of a group home or specialized
residential care home serving persons with disabilities that is licensed, certified, or
accredited by the appropriate state or federal agencies. Such residence shall serve as a
single housekeeping unit for the housing of unrelated people with functional disabilities
who share responsibilities, meals, social activities, and other aspects of residential living.
"Community Residence" does not include "Residential Care Facility," and does not
include a residence that serves persons as an alternative to incarceration for a criminal
offense.
SECTION 2: That the following sections of the City of McHenry Zoning Ordinance are
hereby amended as follows:
§11-8D-2
GROUP A: Permitted Uses in all Residential Districts
<insert> Community Residence
GROUP B: Conditional Uses in all Residential Districts:
<insert> Residential Care Facility
§11-9-7
GROUP B: Conditional Uses in all Commercial Districts:
<insert> Residential Care Facility
§11-10-H2
GROUP B: Conditional Uses in all Office Districts:
<insert> Residential Care Facility
§11-9-7 Table 2:
GROUP I: Additional Permitted Uses in C-5 District
<delete> .
Group J:Additional Conditional Uses in C-5 District:
<insert>Automobile washes and detailing facilities.
SECTION 3: That various sections of Chapter 12: Off Street Parking and Loading are
hereby amended as follows:
§11-12-1:Applicability to Parking and Loading
L. Parking Reductions. The Zoning Administrator is authorized to approve up to a
10% reduction in the required number of off-street parking spaces.
M. Rounding of Integers. Fractional spaces shall be rounded to the nearest
integer.
SECTION 4: That §11-12-4, Table 3— Required Parking Spaces for Residential and
Lodging Uses is hereby repealed in its entirety and replaced as follows:
Residential—Minimum Required Spaces Per Dwelling Unit
Single-Family Attached/Detached Dwelling 2
Multi-Family Dwelling 1.5
Dwelling Above Non-Residential First Floor 1
Community Residence 0.5 per bed
Lodging— Minimum Required Spaces Per Dwelling Unit
Apartment Hotel1 1
1 Per Dwelling Unit + 2 for
Bed and Breakfast Establishment Owner
Boarding Housel 1
Hotel1 1
Motel1 1
Residential Care Facility—Minimum Required Spaces Per Dwelling Unit
Assisted Living Facility 0.5
Independent Living Facility 1
Nursing Home or Hospice 0.5 per bed
Memory Care Facility 0.5 per bed
Notes:
(1) Plus 1 parking space per employee on largest shift, and plus 1 space for
each business vehicle employed by an establishment
SECTION 5: That §11-12-4, Table 4— Required Parking Spaces for Nonresidential and
Nonlodging Uses is hereby repealed in its entirety and replaced as follows:
Table 4— Required Parking Spaces for Nonresidential and Nonlodging Uses
Minimum Number of Required Spacesl
Per Employee Per 1,000 per Person Design
at Largest Shift Square Feet Capacity of Facility
Net Floor Area
Adult-use cannabis craft grower,
adult-use cannabis infuser
organization or infuser, adult-use
cannabis processing organization 1 1.5 See note 2.
or processor, adult-use cannabis
transporting organization or
transporter.
Adult-Use Cannabis Dispensing 3
Organization
Assembly Uses - - 0.25
Plus, stacking spaces
equal to 5 times the
capacity of the car
wash. The capacity
shall be calculated as
Auto laundry, Carwash Facility 1 - the number of
vehicles that can be
accommodated at
any phase of the
washing or waxing
process.
Service station 1 _ Plus, 2 per service
bay.
1 per 1,000 SF
of showroom,
Vehicle sales _ plus 2 per
service bay,
plus accessory
uses.
Plus, 5 stacking
Bank or financial institution - 3 spaces per drive-in
window.
Contractor or construction office 1 _ Plus, business vehicle
parking.
Department store - 3 -
Furniture and appliance sales or
repair store - 1.5 -
Industrial:
Cartage and express firms 1 - -
Manufacturing, research,
1 1.5 See note 2
testing
Radio or TV station or 1
studio
Warehousing and
wholesaling 1 0.5 See note 2
Institutional uses - - 0.25
Miscellaneous:
Animal hospital - 2.5 -
Child daycare center - 2 -
Public utility and service 1 - - �
Mortuary (funeral home) 1 10
Office building - 2.5 -
Plus, 5 stacking
Other retail and personal service - 3 spaces per drive-in
window
Body Art Establishment 3
Recreational:
Bowling alley:
5 per lane plus all
Per lane - - other accessory use
required parking
Restaurant/bar - 3 -
Indoor theater - - 0.33
Skating rink - - 0.25
Swimming pool - - 0.25
Restaurant:
4 per 1,000 SF
Carry out only - or 1 per every -
4 seats,
whichever is
greater
4 per 1,000 SF
or 1 per every Plus, 5 stacking
Drive in and eat in - 4 seats, spaces per drive-in
whichever is window
greater
4 per 1,000 SF
or 1 per every
Eat in, no drive in - 4 seats, -
whichever is
greater
Shopping center:
Under 400,000 square feet - 4 -
400,000- 600,000 square
feet - 4.5 -
Over 600,000 square feet - 5 -
Supermarket or food store - 5 -
Self-Storage, Mini-Warehouse 3 plus, 1 per 50
storage units
Tavern - 10 -
Note:
(1) 1 space for each business vehicle employed by an establishment on the premises shall be
provided in addition to the number of spaces specified.
(2) Use of employment standard or floor space standard, whichever is greater. If
employment is not known when plans are drawn, floor space standard may be used. If upon
occupancy the employment standard yields a greater number of required spaces, the City
Council may require the provision of additional parking before granting a Certificate of
Occupancy.
(3) Parking for uses not listed shall be as provided for the most similar listed use.
(4) Requirements of this table do not apply to C-4 Downtown Commercial District.
SECTION 6: That §11-14-2(F) Conformity to Existing Required Front Yards is hereby
amended as follows:
6. For such a lot that is a through-lot (double frontage lot), the lot line abutting a street
but does not have direct vehicular access shall be considered a rear yard for the
purposes of this section.
SECTION 7: That §10-13-4(B) Through-Lots (Double Frontage Lots) is hereby repealed
and replaced as follows:
B. Through-Lots (Double Frontage Lots): Any fencing greater than fifty percent (509�)
opacity may be installed in a required front yard of a through lot; provided:
1. Said yard shall not provide a means of vehicular access to the site; and
2. Maximum height of fencing shall not exceed seventy-two inches (72").
SECTION 8: That §10-13-1 Relief From Restrictions is hereby amended as follows:
C. Relief From Restrictions—Nonresidential: Applications for nonresidential fence
permits that require relief from restrictions shall be filed with the Zoning Administrator.
Upon the Zoning Administrator's determination that the application is complete,
according to applicable requirements and City policies, the Zoning Administrator
prepare a report and schedule the item for consideration by City Council. The City
Council shall take action in the form of approval, approval with conditions, or denial.
D. Relief From Restrictions—Residential: Applications for residential fence permits that
require relief from restrictions may be reviewed and approved administratively. The
Zoning Administrator will review and approve administrative variations for residential
fence permits that meet the following standards:
1. A complete application has been filed with the Zoning Administrator;
2. 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; and
3. 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 or if the Zoning Administrator believes approval of the
request would create an adverse condition, the administrative variation shall be
denied.
a. If denied, the property owner may appeal the decision to be considered
by the City Council. Other procedures and requirements shall be as
provided for in section 10-13-1C1 and 10-13-1C2.
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 15th day of August, 2022.
Ayes Nays Absent Abstain
Alderman Devine x
Alderman Glab x
Alderman Harding x
Alderman Strach x
Alderwoman Miller x
Alderman Santi x
Alderman McClatchey x
.
A
Wayn J tt, ayor Tris a Ramel, City Clerk