HomeMy WebLinkAboutMinutes - 6/16/1986 - Building and Zoning Committee r ,
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June 16, 1986
MINUTES FROM
BUILDING AND ZONING COMMITTEE
DATE: Monday, June 16, 1986
TIME: 7:30 p.m. to 9:55 p.m.
PLACE: Council Chambers
Members Gary Snell Members Liz Nolan
Present: Ray Smith Absent:
Mike Teta
Others Cecilia Serritella, Alderman
Present: Bernie Narusis, City Attorney
' PURPOSE: To discuss the following:
1. Proposed Housing Maintenance Ordinance
2. Plat of Small Subdivisions under the Subdivision Control Ordinance
I. The primary purpose of the proposed Housing Maintenance And Occupancy
ordinance can best be des.cribed as the protection of the public health,
safety, and general welfare. A second purpose is the prevention of the spread
of blight. This ordinance addresses the rights of the public.
The committee reviewed the proposal and makes the following
recommendations:
Section I : Keep as is.
Section II : , Cross-reference the term "garbage" with "refuse" and
"rubbish-"-. Throughout the ordinance (not just the definitions section) ,
change the term "rat" to "rodent".
Section III : To subsection 3.02, add the following: "Every occupant
shall refrai'n �rom any conduct which contributes to the uncleanliness or
unsanitary conditions of the shared public area."
Delete the last sentence in subsections 3.09 and 3.10 referring to
elevating stored material eighteen inches above the ground.
In subsection 3.12, change the minumum winter temperature from 70°F to
68°F.
Delete subsection 3.13 (since we don't issue building permits for
painting) .
Section IV: Delete subsection 4.04 (lighting) as it is already covered
by B C�—
Add the following subsection (from the Illinois Environmental Health
Association Model Housing Code) : "Within every dwelling unit there shall be a
room which affords privacy to a person within said room and which is equipped
with a bathtub or shower in good working condition. Said bathtub or shower
may be in the same rooms as the flush water closet or in another room and
shall be properly connected to a water supply system which is approved by the
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(Appropriate Authority) and which provides at all times an adequate amount of
heated and unheated water under pressure, and which is connected to a sewer
system approved by the (Appropriate Authority) . Water inlets for bathtubs
shall be located above the rim of these fixtures.
Section V: Delete subsection 5.02.
Rew� subsection 5.04 to read: "Broken windows shall be promptly
repaired and replaced.
Delete subsection 5.11.
Section VI: Just reference enforcement powers in Chapter 7 of the
Municipal Code and delete the rest (redundant) .
•Section VII: Delete.
Section VIII: Delete,.
Section IX: Use standard language for penalties.
, Section X: Delete (already covered in State and Municipal statutes),
Section XI : Delete.
Section XII: Delete (no appeals).
Section XIII : Bernie to consider.
Section XIV: Use standard language for conflict of ordinances,
Section XV: Standard�
Section XVI: Standard.
Bernie will draft a revised ordinance proposal for Council review and
enactment.
The committee also recommends that the Council have BOCA provide separate
heat controls per dwelling unit so that future developments will not have to
address the 68°F minimum temperature.
II. Due to the late hour of the evening, the committee did not fully discuss
the proposed waiver of certain requirements set forth in the Subdivision
Control Ordinance.
However, at our last Committee meeting (April 14) , we asked Bernie to
draft some language that would allow a streamlined procedure which would save
a developer/taxpayer any unnecessary expense without sacrificing City
standards. The attached proposed ordinance attempts to do so. The emphasis
here is not on size, but in satisfying substantive procedures.
Please review the attached and we will discuss at a future Council
meeting.
Respectfully submitted,
�Z��k�
Michael R. Teta
Chairman
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�
ORDINANCE N0. �
AN ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
McHENRY , MCHENRY COUNTY, ILLINOIS, AS FOLLOWS :
SECTION 1 . Paragraph I of Section V of the
Subdivision Control Ordinance of the City of McHenry be and
the same is hereby amended to read as follows :
I . WAIVER OF CERTAIN SUBDIVISION PROCEDURES
PERMITTED IN CERTAIN CASES :
1 . The owner of land located within the City, or
within 1 1/2 miles thereof, may request the City
Council to waive the procedures before the Plan
Commission set forth in paragraphs 6, C and D of this
Section of the Subdivision Control Ordinance with
regard to any division of a lot , parcel or tract of
land into two or more lots , parcels or bui lding sites
where the proposed final plat of subdivision : (a)
does not require the installation of any new street ,
storm water sewerage or surface drainage system,
street lighting , sidewalks , abutting public sanitary
sewer and water mains or other public subdivision
improvements , (b) complies with the provisions of
paragraph C of Section VI and of paragraphs A, C and E
of Section VII of this Subdivision Control Ordinance,
(c ) does not include any territory that is located in
a Special Flood Hazard Area identified as such on the
Flood Insurance Rate Map of the City prepared by the
Federal Insurance Administration , as from time to time
amended, and (d) does not consist of any proposed lots
which might be rendered unbuildable because of the
nature of the soils located thereon .
II. PROCEDURE. The owner shall file 30 copies of
a proposed preliminary and final plat of subdivision
with the City Clerk which have been prepared in
accordance with the requirements of this ordinance ,
together with a title commitment for an owners title
insurance policy as described in Section VC1 of this
Ordinance and a soils map of the territory sought to
be subdivided, and shall then pay to the City Clerk
all fees and deposits required by the ordinances of
the City. Said preliminary and final plat shall be
reviewed by the City Engineer for compliance with the
requirements for such plats as are set forth in this
Subdivision Control Ordinance. The owner shall also
furnish to the City Engineer such other information
and data as the City Engineer may from time to time
request. The City Engineer shall submit a written
report and recommendation to the Mayor and City
Council for their consideration and action ; if the
City Engineer recommends approval of the preliminary
and final plats , the recommendation shall also contain
the City Engineer ' s certification that all of the
conditions set forth in this Section have been
complied with. If the City Engineer does not
recommend approval of the plats , the recommendation
shall specify in what particular the conditions set
forth in this Section have not been complied with. If
the City Council , after consideration of such request,
is of the opinion that the intent and purpose of the
provisions of the Subdivision Control Ordinance will
not be violated by a waiver of said paragraphs , the
City Council may waive the application of said
paragraphs and may approve a final plat of subdivision
upon such terms and provisions that it may, in its
discretion , deem appropriate.
SECTION 2. Any person , firm or corporation violating
any provision of this ordinance shall be fined not less
than Twenty Five Dollars ($25 . 00) nor more than Five
Hundred Dollars (�500.00) for each offense committed on
each day during , or on which, a violation occurs or
continues .
SECTION 3. Al1 ordinances , or parts thereof, in
conflict with the terms and provisions hereof, be and the
same are hereby repealed to the extent of such conflict .
SECTION 4. : This ordinance shall be published in
pamphlet form by and under the authority of the corporate
authorities of the City of McHenry, Illinois .
SECTION 5. 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 day of , 1986.
AYES : '
NAYS :
ABSTAINED:
ABSENT:
NOT VOTING :
APPROVED this day of , 1986.
ATTEST:
MAYOR
CITY CLERK