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HomeMy WebLinkAboutPacket - 10/21/1992 - Building and Zoning Committee city of McHenr y Jt.t;\;�'��y+,,"���i; 333 South Green Street McHenry, Illinois 60050-5642 _ �___�_ �`f`� r � ;,. �A. �__ - IF' _ � N�V _ - I II. 1,;;� � _.�_ _ '' . _ ' = .. ..._. .. _..� A G E N D A BUILDING � ZONING COMMITTEE MEETING DATE: Wednesday, October 21 , 1992 1 . Propo'sed Amendments to the Zoning Ordinance and Municipal Code . 2 . Any and all business which may properly come before this Committee . /mmg Clerk's Office and Administration Public Works, Parks and Police (815)363-2100 Building and Zoning Recreation (Non•Emergency) FAX: (8I5)3G3-2119 (815)363-'1170 (815)363-'1160 (815)363-'L'LOU DATE: October 16 , 1992 T0: Chairman Smith and Members of the Building & Zoning Committee FROM: John Lobaito SUBJ: PROPOSED AMENDMENTS TO TflE ZONING ORDINANCE AND KUNICIPAL CODE ------------------ Attached are five Zoning Ordinance amendments and one Municipal Code change . As you recall , the Committee directed me to make two of the changes . The first being an amendment to the off-street parking requirements for recreational vehicles , and the second being the addition of the deleted section in CABO referencing pre-fabricated construction. The remaining four amendments are what I consider "housekeeping" changes . These four amendments will correct conflicts that exist within the Zoning Ordinance . For each amendment I have photocopied the pages and highlighted the sections from the Zoning Ordinance that are in conflict . Thank you . JAL/mmg me .morandum Date: October l�i, 1992 To: Chairman :imith and members of the Building & Zoning Committee From: John Lobaito Re: Proposed amendments to the Zoning Ordinance Section IX Si�ns, Table 18, Standards for Non-Exem�t Si�sn, footnote 8: CURRENT TEXT OF ORDINANCE Wall Si�ns: May locate on principal building walls facing public streets or off-street parking areas only. May project one (1) foot into required yard. Internal illumination only permitted. PROPOSED TEXT OF ORDINANCE Wall Si�ns: May locate on principal building walls facing public streets or off-street parking areas only. May project. one (1) foot into required yard. note: This change deletes the current provision that "internal illumination only is permitted" which is in conflict with Section IXD(2) which provides that certain specific external illumination is permitted for wall signs. b. Obstructions No sign may obstruct a fire escape, door, window, or other � entrance or exit�vay, nor any window surface required for ventilation by any City code. c. Traffic Hazards � N�� sign may by reason of 1 ocation or 1 ocation and size obstruct t�e vision of drivers or obstruct or detract from the visibility or effectiveness of any traffic signal or control device. d. Proximity to Electric 1Jires — , No metal sign shall be located within a vertical distance of 8 ' feet, or a hori zontal d i stance o f 4 feet , of el ectri c w i res or c�nductors, even if such wires or conductors are insulated or otherwise protected. e. Cl earance for Metal El ectrical Si gns A minimum sign clearance of 1 .5 feet shall be maintained for all metal signs with el ectrical wiring. f. Yision Clearance Any sign 1 ocated within the vision cl earance triangl e as defined herein shall have a minimum sign cl earance of 8 feet unl ess the sign height is 2.5, feet or less. 2. ILLUMINATION a. Bare Bul b or Fl ame Il l umi nati on Ill umination by bare bul bs or fil ames is prohibited, except that bare bulbs are permitted on changing signs or on theatre marquees. b. Projecti ng Li ght Fi xtures Gooseneck refl ectors or other arrr� pro�ecting from the sign mounted with lights to illuminate the sign are permitted on freestanding and wall signs. c. Gonstant Il l umi nat i on Sign illumination shall be constant in intensity and color. -227- * Maximum area is per side of eacn sign. Ca] Maximum 1 sign per street frontage per lot. In shopping center, 1 � sign per frontage per shopping center, not per lot. [b] Per street or alley entrance or exit. [c] 1 .5 square feet cumul ative area for all wall , under canopy , and permanerit window signs per foot of building frontage. For buildings housing multiple businesses, wall sign area for each business shall be determined by building .frontage of individual business. [d] Per street frontage per business establishment, not per lot. [1 ] Permanent Window Signs: Both permanent and temporary window s�igns toget er must not exceed 50 percent of area of display windows. Total area of permanent winda� signs, under canopy signs, and wall signs must not exceed maximum area for wall signs. Permanent window signs may contain only business name and ty oe, logo, add ress, phone number, major product , and business hours. [2] Dis lay Boards or Chan in Si ns: Total area of display board or changing s�gn p us ma�n s�gn s a not exceed maximum permitted area for main free standing sign. [3] Free Standing Commercial Si ns: P�aximum area is 0.5 square foot per oot o ot rontage up to 00 feet pl us .75 square feet per foot of frontage over 200 feet up to a maximum of 200 square feet. [4] Main Free Standing Industrial & Office Signs: �.5 square feet • o f area per foot o f 1 ot ronta ge. a1�T c onta i n onl y bu il d i ng or tenant names and location. May project 7 feet into required yard. [5] Develo ment Entrance Si ns: Shall not be illuminated. Shall contain name o eve opment on'� [5] Institutional Special Event Si ns: Displayed only on property contro e y t e institution an a maximum of 15 days before and 3 days after the event. [7] Other Institutional Siqns: Set back from street lines a . minimum o o app icab e requ�red yaw1. [8] V�al l Si c�ns: May 1 ocate on princi pal buil di ng wal l s faci ng public s—tree�s or off-street parking areas only. May project 1 foot into required yard. Interna7 illumination only permitted. [9] Industrial or Office Park Entrance Sign: Minimum 5 feet from lot lines. -231 - memorandum Date: October 2, 1992 . � To: Chairmar� Smith and members of the Building & Zoning Committee From: John Lot�aito Re: Proposed amendment,to the Municipal Code Cha�ter 7, Secti on_7-132_�5) CURRENT TEXT READS (5) Delete Section R-112, Prefabricated Construction. Delete Section 7-132 (5) from the Municipal Code. Prefabricated construction would then be permissible in the City according to standards established in CABO Section R-112. note: CABO Section R-112 - Prefabricated Construction reads as follows: --------------------------------------- "A certificate of approval by an approved agency shall be furnished with every prefabricated assembly, except where all elements of the assembly are readily accessible to inspection at the site. Placement of prefabricated assemblies at the building site shall be inspected by the building official to determine compliance with this code, and a final inspection shall be provided in accordance with Section R-111.1.6. NOTE: Provisions for foundation systems and building service equipment connections necessary to provide for the installation of new manufactured homes on privately owned (nonrental ) lots and existing manufactured homes to which additions, alterations or repairs are made are contained in Appendix C and shall be enforced only when specifically adopted by the jurisdiction." (4) Del ete the provisions of Section R-110 and insert the fol l owing provisions as and for Section R-110: Section R-110. Plans and S ecifications. The appl ication for the ' permit s a e accompanie y not ess than 2 copies of speci fications and of pl ans drawn to scal e, with sufficient cl arity and detailed dimensions to show the nature and character of the work to be performed. When the qual ity of material s is essential for conformity to this Code, specific information shall be given to establ ish such qual ity ; the Building Official may waive the ' requirement for fil ing pl ans when the work invol ved is of a minor nature. The Building Official may require the plans and specifications to be signed and sealed by an architect or structural engineer registered and licensed by the State of ; Illinois. , (5) Del ete Section R-112, Pre-fabricated Construction. (6) Section R-202-Tabl e, insert the foll awing: , � � CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA � i , I ; � Load Roof Snarr Load Wind Pressure Seismic Sub�ect to Subfect to � � ft. lbs. per sq. ft. in lbs. per Cond. by Damage From Damage From I , square ft. Zone Weathering Frost L1ne Termite Decay 1I �'i 30 Under 30 ft. in 1 Severe Yes Yes Yes i�� height, 35 lbs. 42• , ,';� over 30 ft in Minimum , �� height, 45 lbs. � ;! ' ' ' I � I � � (7)�. Add Section R-210.4 as foll aws: � Section R-210.4. Attached Gara es. Provide 4" curb between u� �ng an attac e garage or construct garage fl oor 4" lawer than adjoining fl oor. Installation of house heating unit or other fuel burning appl iance i ' in the garage is not permitted unl ess a wall having a fire resistance rating of not less than 1 hour is installed separating � the space containing the home heating unit and the garage space. -361 - _x,' Administrativs Ons and'iVvo Fnmity Dwelling Cods . _ � ahowing the locadon of all easemenu,drainage facilides.adjacent grades.property deemed guilty of a separate offense for each and every day or portion thereof during , lines,the propoud building and of cvery existing building on the pmperty. which any violation of any of the provisions of this code is committed.continued or �1� permitted,and upon conviction of any such violation such penon shatl be punishable by a fine,or by imprisonment,or by both such fine and imprisonment as established . SeCtI011 R-111—Inspectton ,� C}-local applicable laws. R-111.1—Types of(nspeetions.For on-site construction,from time to time � the building official, upon nodfication from the permit holder or his agent,shall SectiOn R-107—Right of Appeal make or cause to be made any necessary inspections and shall either approve that (� pl!persons shall have the right to appeal the building official's decision through a purtion of the conswction as completed or shall notify the permit holder or his agent wherein the same fails to comply�vith this code. �' b,iy appointed by the appropriate suthority of the juri'sdiction and qualified by R-111.1.1—Foundatton Inspectlon.Commonly made after poles or piers are •�: ps;erience and trainina to vass uaon�+Atcers pertaining to building construction. � set or uenches or basement areat are excavated and forms ecected and any required �; reinforcing stcel is in place and prior to the placing of concrete. The foundation Section R-108—Alternate Materials and Systems inspection shall include ezcavations for thickened slabs intended for the support of � R-108.1—General. The provisions of this code aze not intended to limit the beating walls.partitions.structural supports,or equipment and special requitements appropriate use of materials,appliances.equipment or methods of design or con- for wood foundations. strucdon noc specifically prescribed by this code, provided the building of�cial R-111.1.2—Plumbing� Meehanlcal and Eleetr(cal. Rough inspecdon: determines that the proposed alternate materials.appliances,equipment or methods Commonly made prior to covering or concealment,before fixtures are set,and prior of design or construction are at least equivalent of that prescribed in this code in to framing inspection. � suitability,quality,smngth,effectiveness,Cue resistance, durability,dimensional R-111.1.3—Frame and Masonry Inspection. Commonly made after the ; stability,safety and sanication. roof,masonry,all framing,firestopping,draftstopping and bracing are in place and The building officia!may require that evidence or proof be submitted to substanti- after the plumbing.mechanical and electrical rough inspections are approved. ate any claims that may be made rcgazding the pmposed alternate. R-111.1.4—Lath 8ndlor Wallboard InspeCtion. Commonly made after all R-108.2—Tests.Determination of equivalence shall be based on dcsign or test lathing and/or wallboard interior is in place,but before any plaster is applied.or methods speci�ed by Chapter 26 of this code or by other such standuds approved by before wallboud joints and fasteners are taped and finished. ; the building official.The building officiai may accept as supporting data to assist in R-111.1.5—Other inspections.In addition to the called inspections above,ihe this determination duly authenticated reports from the Building Officials and Code building depaztment may make or require any other inspections to ascertain compli- Administrators International,Inc:,Southem Building Code Congress International, ance with this code and other laws enforced by the building department. Inc.,International Coiiference of Building OfCcials,the National Evaluation Service R-111.1.6—Flnal Inspectlon.Commonly made after the building is completed Committee of the Council of American Building Officials,acceptance documents and ready for occupancy. hom the U.S. Department of Housing and Urban Development or from other t : approved authoritative sources for all materials or asxmblies proposed for use which � are not specifically provided for by this code. The cosa of alt tesu, reporu ana Section R-112—Prefabricated Conatruetion investigations required under these provisions shall be paid by the applicant. A artif'uate of appraval by w appmved aueacy shall be furnished with every profabricated assembly,except wbete all elerneats of the assembly ue rtadily acas- SeCt(ot1 R-109—Permit sible w iasperd�u the site.Placement of prefab�icated ass�mblIes u d�e bu�ildiag R-109.1—Pe�mit Required.A permit shal!be obtained before beginning con- siu shall be inspected by the building official to deurmine compllance widi d►is ; � struction.alteration or repairs,other than ordinary repairs,using application forms code,and a fiaal fnspecda�thall be provid�in a�xordaaa N'ith Sectfon R-111.1.6. furnished by the building official. NOTE:Provislons for foundation systems aad bullding service equipment con- � Ordinazy repairs are nonstructural repairs and do not include addition to,alteration necdons necessary to peovide fa the instaUadai of new manufactured 1�omes oa ; of.or rcplacemcnt or retocation of water supply.sewer,diainage,drain leader,gas. privately owaed(4�)�������8�ufactured homes to which�di- ' �` soil,waste.vent or sim'slar pipir.g,t:e^.L-ical u�:ring,or mechanical or other work for dons. alterations oc repairs are made are wntaitud in Appeadix C and shall be i �: which a permit is required by the building of�cial. , enforced only when specifically adopted 6y the jurisdistion. ; R-109.2—Permlt Fees.Permit fees shali be established by the local jurisdiction. ' r ' Section R-113—inspection Card ' � • 'Seetion R-110—Plans The permit holder or his agent shall post the inspecdon record on the jobsite in an i ; When requiied by the building official,plans shall be drawn to scale and shall be of accessible and conspicuoas place to allow the building official to make the required i,� suf�cient clarity to indicate the nature and extent of the work proposed and shall entries.The record shall be maintained by the permit holder until the final inspection ' show in detail that it wilt conform to the provisions of this code and alt relevant laws. ' has beon made and approved. ,� ' ordinances. tules and reguladons. PIans ahall inciude a plot plan drawn to scale 3 �f 2 memorandum Date: October 15, 1992 . To: Chairman Sriith and members of the Building & Zoning Committee From: John Lobai:o Re: Proposed amendments to the Zoning Ordinance Section VII ,OFF-STREET PARKING AND LOADING, B. OFF-STREET PARKING PROVISIONS, Sub-Section — ------------------------------------------------------------------ 8 A __Parkin� of Recreational_Vehicles in Residential Districts: — -------------------- CURRENT TEXT OF ORDINANCE A single recreational vehicle as defined herein per dwelling unit may be parked or stored in a Residential District provided that: 1. It is at no time occupied for living or sleeping except as may be allowed by the City Council on a temporary basis; 2. It is not connected to natural gas, water, or sanitary sewer service; 3. It is stored in its collapsed position if it is a vehicle of the collapsible type not stored in a garage; 4. It is parked or stored in a location determined by the following: a. The vehicle shall be parked in a garage, carport, or covered parking space, where one is available. on the premises large enough to accommodate the vehicle; b. Otherwise, the vehicle shall be parked in the driveway to the rear of the actual building line of the principal building that is opposite the street to which the driveway has access where this is possible to do; c. Otherwise, the vehicle shall be parked in the driveway ahead of said building line but not encroaching upon any sidewalk; d. Otherside, where the dwelling unit does not have its own driveway, the vehicle shall be parked in an open off-street parking space. PROPOSED TEXT OF ORDINANCE A single recreational vehicle as defined herein per dwelling unit may be parked or stored in a Residential District provided that: 1. It is at no time occupied for living or sleeping except as may be allowed by the City Council on a temporary basis; 2. It is not connected to natural gas, water, or sanitary sewer service; 3. It is stored in its collapsed position if it is a vehicle of the collapsible type not stored in a garage; 4. It is parked or stored in a location determined by the following: a. The vehicle shall be parked in a garage, carport, or covered parking space, where one is available on the premises large enough to accommodate the vehicle; b. Otherwise, the vehicle shall be parked in the driveway, behind the recorded building line; c. Or, i n the dri veway, i n front of the recorded bui 1 di ng 1 i ne but not encroachi ng upon any public sidewalk or public right of way; d. Or, in the rear yard, provided that a six (6) foot screen is installed to conceal from view from public right of way and adjacent properties; e. Or, in the interior side yard, provided that a six (6) foot screen is installed to conceal from view from public right of way and adjacent properties. note: A schematic depicting the permitted locations is attached, marked Exhibit A, and could be incorporated into the Zoning Ordinance in the Appendices. PJo off-street parking for any non-singl e-family residential use is permitted within any required yard abutting property in an RS District. No parking for any non-residential use is permitted within � any required yard abutting property in any Residential District. 8. PARKING OF RECREATIONAL YEHICIES , A, In Residential District s � A singl e recreational vehicl e as defined herein per dwell ing unit may be parked or stored in a Residential District provided that: � 1 . it is at� no time occupied for living or sleeping purposes except as may be all a�ved by the City Council on a temporary basis • 2, it is not connected to natural gas, water, or sanitary s�er servi ce 3, it is stored in its collapsed position if it is a vehicle of the coll apsibl e type not stored in a garage 4, it is parked or stored in a location determined by the foll owing: a. The vehicl e shall be parked in a garage, carport, or covered parking space, where one is available on the premises 1 arge enough to accornnodate the vehicl e b, othenv i se, the vehi cl e shal l be parlced i n the d ri veway to the rear of the actual buil di ng 1 ine of the princi pal • building that is opposite the street to which the drive�vay has access where this is possible to do c . otherw i se, the vehi cl e shal l be parlced i n the dri veway ahead of said building 1 ine but not encroaching upon any puhl ic sidewal k d, otherwise, where the dwell ing unit does not have its , own driveyvay , the vehi cl e shal l be parked i n an open off-street parking space. B. In Other Districts There shall be no restrictions on parking of recreational vehicl es in non-residential districts, other than those concerning outdoor storac�e. -16 9- membrandum Date: October 1, 1992 To: Chairman Smith and members of the Building & Zoning Committee From: John Lobaito Re: Proposed amendments to the Zoning Ordinance Table 1: Reguired Contents of Ap�lication Filinc�s --------- -------- — ---- — — Item #7, be modified to delete requirement for retained personnel fee deposit for sign permit and minor variance. This would remove a conflict which exists between this table and Section IID of the Zoning Ordinance, which exempts sign permits and minor variances from the requirement to pay retained personnel fees. note: See attached copy of portion of Table 1 and Section IID for reference. . � � �a2-$9 , Table 1: Required Contents of Application Filings ��p PUD Prnend- Condi- Prelim- PtA Tenp�- r;�ent ti onal i nary Fi nal orary Si gn Mi nor (Rezone) Use Vari ance Pl an Pl an Use Pett►ri t Vari�nce l. Tne name, address, and pnone x x. x x x x x x nurber of tt�e appl i cant and name of �tr�e devel opnent, i f any 2. Lega I descri pti uts of tlie sub�- x x x x x x x x ject propeMy as a whole and of . eacn pnase txiereof 3. Tne rxxms addresses, and phone x x x x x - - - nunbers of any developer, site plar�ner, or engineer involved in project plans ' � 4. Tne location of the subject x x x x x x x x propew�y to be affect�ed by tne action requested 5. A ciexri pti on of the acti on x x x x x x x x requested 6. A non-refundable Filing Fee x x x x x x x x 7. A Retained Persornel Fee deposit x x x x x - x x 8. Descri pti au of the present and x x x x - x x x � proposed uses of tne property 5. A caaplete disclosure of interest x x x x - x x - as provided nerein ' 10. A type�written list of all a�ners x x x x - - - - of record of propert�y abutti ng ttie subject proper�y per paragraph F(2) ll. Tne zoning district classifica- x x x x - x x - tions of ttie sub,ject proper�y and all auutting properties per paragraph F(2) ' 12. A current plat of survey as x x x x - - - R defineu r�erein of tne subject property 13. Proposed starting and ending - - - - - x - - of use (h1G8y-5U7 added Minor Variance col�rn) -37- D. FILING FEES AND RETAINED `F'���� PERSONNEL FEES .l�r ��' All applications shall be accompanied by a Filing Fee. A deposit toward the costs of any. Retained Personnel necessary for the processinq of the appiication, such, a.s cansultfng engineering services, consul ti ng• pl anning services, 1 e�al services, or court reporter services shal l a1 so be paid except for appl ications for: 1 . Minor Variances; 2. Temporary Uses; � 3. Appeal s; 4. Siqn Permit�s. The deposit shall be credited against the expense to the City of such Personnel , which shall be fully charged to the appl icant. Any portion of the deposit not needed to pay such expense shall be refunded without interest to the applicant within 30 days of final �ac�ion on the application. The amounts of such fil ing fees and deposits shal l be as determined from time to time by the City Council . A schedule of current fees and deposit requirements shal l be made avail abl e i n the Offices of the City Cl erk and the Zoning Administrator. � _ E. DISCLOSURE OF INTEREST The party signing the appl ication shall be considered the appl icant. An appl icant must be the fee owner or trustee of record , trust beneficiary , lessee, contract purchaser, or option holder of the subject property or his ' or her agent or nominee. 1 . Appl icant Is Not Fee Owner If the applicant is not the fee owner of record of the subject property , the appl ication shall discl ose the 1 egal capacity of the appl icant and the ful l names,addresses, and tel ephone numbers of al l owners. In addition, an affidavit of the fee awner or awners shal l be fil ed with the application stating that the applicant has authority firom the awner to make the appl ication. 2. Applicant or Fee Owner Is Corporation or Par•tnership If the appl icant, fee awner, contract purchaser, aption holder, or any beneficiary of a land trust is a corporation, the application shall disclose the names and add resses of the corporation's officers, directors, and registered agents, or the partnership's general partners and those sharehol ders or 1 imited partners a�vning i n excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. -33- m � morandum Date: October l , 1992 To: Chairman Smith and members of the Building & Zoning Committee From: John Lobaito Re: Proposed amendments to the Zoning Ordinance Section XI Planned_Unit Development,_B_ Qualifications_for Filin� as a PUD sub_section La�: CURRENT TEXT OF ORDINANCE (a.) is at least two (2) acres in size� PROPOSED TEXT OF ORDINANCE (a. ) is at least five (5) acres in size; note: This Section is in conflict with the definition on page 497, Planned Unit Development (PUD) , of Ordinance, which requires that PUD be a tract of land of five acres or more. XI. PLANNED UNIT DEYELOPMENT A. PURPOSE The provisions of this section are intended for special situations in which: a, adequate space, 1 ight, ' air, and other objectives of this Ord i nance rel at i ng to the publ i c heal th, sa fety , and wel fare can be achieved without the 1 iteral appl ication of the detail ed zoning and subdivision requirements otherwise appl icabl e; and b. sp��cial amenities and benefits to the comnunity beyond those required by .�this and other City ordinances can be achieved by al� owing more fl exibl e design than is otherwise permitted by ' City zoning and subdivision regulations. These objectives can be achieved where a substantial area of land is planned for development as an integrated unit and where its� design is subject to more detailed review and a pproval by the City than is normally requ i red. The objective of �Planned Unit Devel,opment .(PUD) is therefore not simply to . all ow exceptions to otherwise appl icabl e regulations. It is instead to encourage a higher level of design and amenity than it is possible to achieve under the usual land development requirements. , It is therefore the intent of the City to suspend the application of detailed zoning and subdivision standards as provided herein only where such special amenity is achieved. In this way the City may grant the creative devel oper a desirabl e fl exibil ity and at the same time not only protect but enhance the welfare of the residents and other users of a development as well as the rest of the community. B. QUALIFICATION FOR.FILING AS A PUD A Planned Unit Devel opment may be devel oped in any district in which Pl anned Unit Devel opments are all awed as Conditional Uses. No development shall be filed as a Planned Unit Development unless it: . a, is at least 2. acres in size; and � h contains more than two detached buildings accomnodating • principal uses; and c. is initially under the same ownership or control . A Planned Unit Development may be residential , commercial , office, industrial , or a combination thereof. Fl exibil ity to suspend requirements imposed elsewhere is not conferred upon the PUD applicant as a matter of right but is in all cases subject to a finding by the City that the objectives of these provisions will be served thereby. -275- PHILANTHROPIC A�lD CHARITABLE IPJSTITUTIOP�: SFE IDISTITUTION, PHILANTHROPIC AND CHARITABLE • PLANNED UNIT DEYELOPFIENT: A tract of land of five acres or more initially under the same ownership or control that is or shall . be devel oped with more than two Princi pal Use buil di ngs a�s an integral unit based on a pl an that al l ows for more fl exibl e standards than woul d normally apply in order to provide a higher qual ity of design and amenity than would otherwise be possible. PLAT OF SURVEY, CURRENT: A pl at prepared by a 1 icensed surveyor containing the legal description of the premises thereon and showing: ' 1 . the boundary 1 ines of the property 2. the locations of all improvements and monuments thereupon 3, all encroachments 4, the boundaries of all existing streets, easements; rights-of-way , and areas dedicated to public use within 200 feet of the property as all of the foregoing exist as of the date of fil ing. POLE S IGP!: SEE SIGN, POLE PREMISES: Any improved or unimproved property. PRINCIPAL sUILDINr,: . SEE BUILDING, PRINCIPAL PRINCIPAL USE: SEE USE, PRINCIPAL PROJECTIMG SIGN: . SEE SIGi�, PROJECTING RADIATIOPI HAZARDS: The harmful effects of all radiations capable of producing ions in their passage through matter, incl uding el ectromagnetic radia�tions such as x-rays and gamma rays and particulate radiations such as el ectrons or beta particl es, protons, neutrons, and al pha particl es. -497- memorandum Date: October 15, 1992 To: Chairman Smith and members of the Building & Zoning Committee From: John Lobaito Re: Proposed amendments to the Zoning Ordinance Section_IIID, Zonin� of Annexed Land ------ --- --- --------- CURRENT TEXT OF ORDINANCE "Except as may be provided for by a pre-annexation agreement or by a subsequent amendment to this Ordinance, any parcel of land hereafter annexed to the City shall be classified in the lowest-numbered RS Single-Family Residential Distict that will permit the parcel , or the smallest subdivided lot therein, to conform to the minimum lot area required in that District." PROPOSED TEXT OF ORDINANCE "Except as may be provided for by a pre-annexation agreement or by a subsequent amendment to this Ordinance, any lot or parcel of land hereafter annexed to the City shall be automatically classified E, RS-1, RS-2, RS-3, or RS-4 Zoning District Classification, whichever is most restrictive, provided, however, that the area of the annexed parcel or lot is in conformance with the minimum lot area requirement for that District. note: This Amendment will include the E Zoning District Classification within the automatic zoning provisions which are presently applicable only to the Single Family Residential Zoning District Classification. • �• INTERPRETATION OF DIS 7RICT 6011NDqRIES �istrict bounda boundary � qneS of the nes sha11 or lot ��t � unless otherwise lines; on the center °f Sections �ndicated, r��et"S, and o�her > ines �r d���sions of be °n the water bodies• °f Stree�s, railroads Sections, or tract District ' °r °n the extension of ' a»eys� easements, boundary 1 ines '' such 1 ines. interpreted a;; aPproximatel indicated on the ��ated on those y �0�� 0�''��ng such p shall be established us'�� ��Stances � ��eS shall be Where a district bounda 9 the scale of theSr�p�f��ally governin a� ry d���des a lot in single ownershi 9 Y P�rtion ,of the 1 ot ma the entire lot if such extension �S a� the °�"ner's discretionhe district district boundary on the map, not more than 25 feet bey nd dthe �•�IIN6 OF 1iI�fNEX�p ��p Exce s provided for by a s�rbse � b� q ��ent to this p�ina�;�p�nnexation agreement or !}y► a annexed tbe City sha11 be cl assified�in�he �o��►s� u�ered i tRS Single-F y Resider�tial District th�� Mill s�ell est��;. ivfded 1 ot therein, to conform p o� thethm;ni��mel 1 ot r aree requirec�` �n tha�t DistMct, a E. REGULATION OF FLOODPLAIN LANDS The use of land located within fl ood plains is regulated by the City of MCHenry Fl ood Control Ordinance (Ordinance No. 0-81 -254) in addition to the � requirements herein. F. AIR RIGHTS The devel opmer�t ��f air riqhts shall be a Conditional Use in all zoning d i stri cts and su�ject to al l other requ i rements of the zon i ng d i stri ct applying to the land belav as well as to the procedures and c riteria governing Conditiimal Uses. G. ONE PRINCIPAL EtUILQING PER LOT EXCe� t�ithin Pl anned Unit Devel opments, no more than one principal bu i1 d i ng or use slial l be permitted on any 1 ot i n any zoni ng d i stri ct. �. , -66-