HomeMy WebLinkAboutOrdinances - n/a - 03/12/1962 - Amended Zoning Ordinance AMENDID ZONING ORDINANCE
�- OF THE
CITY OF McHIl�TRY, ILLIlVOIS
�
As passed and approved by the Mayor and.
City Council on the 12th day of March, 1962.
Tab1e of Contents
_ Article Page
—__.._._..
I Short Title 1
IY Definitions 1
_ III Districts and Regu7.ations �sta.blished 6
N General Conditions g
V ��R-1'� Single-Family District 10
_ VI "R-2" Single-Family District 12
(20,000 sq. ft.)
� UTI ��R-3�� Single-Family District 13
(10'000 sq. �'t.)
_ VIII ��R-4�� Multi-Family District 15
� "B-1" Commercial Retail District 16
X '�B-2" Commercial - Recreation District 19
_ XI ��B-3�� Commercial District 21
XII �tB-4�� Commercial - Regional Service District 2(�
XIII Industrial Park Districts 2(
(�'I-1�� One Acre )
_ (��I-2" �ro Acres )
("I-3" Three Acres)
_ XN ��I-1��� Heavy Industrial District 31
Table of Contents (cont.)
Article Page
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_ XV Special Uses 3�
�I Off-Street Parking and Loading �5
XVII Accessory Buildings 38
_ XVIII Signs 3�
X� Planned Residential Development }�l
! XX Non-Conforming Uses j�2
_ XXI Administration �3
�II Rules of Procedure and Conduct 50
XXIII The Plan Commission 53
,_ XXN Interpretation and Conflict 55
XX�T Violation, Penalty� Il�.forcement 56
XXVI Boundaries of Districts 56
_ XxVII validity 56
XXVI2I Fees 5?
�� Prior Ordinances Repealed 57
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A M E N D E D Z 0 N I N G 0 R D I N A N C E
OF THE
—
CITY OF MeHENRY
—
ILLINOIS
— AN ORDINAIVCE
— amending t,he zoning ordinance enacted by the City of McHenry on November 5�, 1957.�
as amended from time to time thereafter� entitled, ��An ordinance to regulate and
._ limit t,he height and bulk of buildings hereafter to be erected; to regulate and
limit the intensity of the use of lot areas� and to regulate and determi.ne the
area of open spaces� within and surrounding such building; to classify, regulate
— and restrict the location of trades and industries and the location of buildings
deaigned for specified industrial� business� residential and other uses; to di-
vide the entire village into districts to carry out the purposes of this ordi-
.. nance; to fix standards to which buildings or structures shall conform; to pro-
hibit usess buildings or structures incompatible with the character of such
districts res ective
P ly a n d to prevent additions to and alterations or re-
— modeling of existing buildinga or structures in such a way as to avoid the re-
strictions and limitations lawfully imposed hereunder and to provide penalties
for violations hereof�'� be and the same is hereby further amended to read a�
_. follows:
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ARTICLE I. SHORT TITLE.
____________
This ordinance sha11 be lrnawn� cited and referred to as the City of
_ MeHenry Zoning Ordinance.
_ ARTICLE II. DEFINITIONS.
___.______._..
ACCESSORY USE - ACCESSORY BUILDING: A subordinate use or building or portion of
_ e maa,n w. ing w ic is oca e on the 1ot of the main bu.ilding� and the use
of which is clearly incidental to the main use or the use of the main bui.lding�
but living quarters in connection with a detached garage shall not be permitted.
APARTMENT: One or more rooms in a multi-famj.ly structure arranged� intended, or
esigne or occupied as the residence of a single family� individual, or group
_ of individuals„
AUTON9JBI�E REPAIR: General repair� engine rebuilding or reconditioning of motor
_ ve ic es; co sion service, such as body� frame or fender straightening and
repair; over�all painting of motor vehicles.
_, AUTOMUBII,E SERVICE STATION: A place where gasoline stored only in underground
ta.nks, kerosene or motor oil and lubricants or grease, for operation of auto-
mobiles� are retailed directly to t�he public in premi.ses� and i.ncluding� as inci-
_ denta.l thereto, minor accessories and services for autarnobiles� but not incZuding
boc�y and motor rebuiZding and repair. When the dispensing� sale or offering for
sale of motor f`uels or oil is incidental to the conduct of a public garage� the
... premises shall be classified as a public garage.
AUTO WRECKING OR JUNK YARD: Ariy place where two or more motor vehicles not in
_ running con i ion, or pax s thereof, are stored in the open and are not restored
to operation within thirty (30) days of their arrival, or ar�r portion of ariy
land, building or structure used for wreclfl.ng or storing of such motor vehicles
_ or parts thereof� stored in the open and not being restored to operating con-
dition; and including the commercis7, salvaging and scavenging of any other goods�
articles or merchandise.
BASEP�ENT: A story� three sides of which are partly belaw the level of the street
gra e or ground nearest the building. A basement shall not be counted as a story
_, for the purpose of heig�t regulation unless it is subdivided, rented, or sold or
leased for dwelling purposes.
_ HABITABLE BASEMENT: No basement, or portion thereof, shall be used for living
quar ers un ess e basement, or habitable portion thereof� shall comply with all
requirements for habitable rooms under the Buildin Code and the finished floor
_ shall not be more than three feet six inches (3�b��� below the outside finish
_ -1�
grade at required windows.
BILLHOARDs Any structure or portion thereof upon which are signa or advertise- _
men e used on an outdoor display. Th3.s defini.tion does not include any bulletin
boards used to display official court or public office natices, or church or fra-
ternal organization bulletin boards, or sign� advertising the sale or lease of _
the premises on which the sign is located.
BIACK: That property abutting on one side of a street between the two nearest _
n ersecting streets� railroad rights-of-way, or other natural barriers.
BOARDING HOUSE: A building where meals or lodging and meals are offered or pro- _
��or compensation for three or more� but not exceeding twenty,peraons.
BUILDIlVG: Ar�y structure having a roof supported by columns or walls� and daw _
s�or intended for the shelter� aupport, enalosure or protection of persons�
animals� or chattels.
BUILDING ARF,Ar The maximum horizontal pro3ectad axea of a building and its ac- —
c se`so'�'Tdings, excluding open steps� terraces� and cornices pro3ecting not
more than thirty (30) inches. _
BUILDING LINEs For the purpose of this ordinance the building line is the same
as a ron yard set-back line. _
CORNER LOT: A lot in one awnership located at the intersection of two (2)
atree s or a lot bounded on two (2) sides by a curving street, any �wo (2) chords _
of which form an angle of one hundred twenty (120) degrees or less measured on
the lot side.
COURT: An open unoccupied space� other than a yard� on the same lot with a —
u6�3.31ng and bounded on two (2) or more sides by such building.
CURB GRADEs The established elevation of the curb in front of the buildiryg • —
measur�at the center of such front. Where no curb grade has been establiahed�
the City shall establish such curb level or its equivalent for the purpose of _
this ordinance.
DEPTH OF IAT: The mean horizontal distance between the front and reax lot _
1nes.
DISTRTCTs A section of the City of McHenry for which regulations governing the
e�.�gF��area, and use of buildin�s and premises are uniform. —
DwELLIN(�: A building or portion thereof� but not an automobile house trailer� , _
esc3�gne� exclusively for residential occupancy� i.ncluding one-family� two-family
and mu7.�3.ple dwellings but not including hotels� boarding and lodging houses.
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I�nTELLING UNIT: One or more rooms in a dwelling or apartment designed primarily
_ or occupancy by one fami.ly for living or sleeping purposes.
IJWELLING, ONE-FAP�ILY: A detached building designed exclusively for occupancy by
� one 1 family.
DWELLING MULTIPLE: A building or portion thereof designed for occupancy by two
_ or more am�. ies living independently of each other.
DWELLI�NG..�R��J: A group of two (2) or more attached one-family dwellings� not
_ more than two and one-half (2�) stories in height, nor more than two (2) rooms
deep.
_ EFFICIENCY UNIT: An efficiency unit is a dwelling unit consisting of one room
exc usive o.�athroom� kitchen� hallway, closets or dining alcove directly off
the principal room' providing such cli.ning alcove does not exceed 125 squaxe
_ feet in area.
FAMILY: Any number of individuals related by blood� marriage or adoption�
_ iT ving,, cool�ng and dining together in the same premises as a single housekeeping
unit, including domestic servants for wham� subject to the provisions of this
ordinance� separate living quarters may be provided.
FRONT: The front of a lot shall be that boundary of a lat along a publie street;
an or a corner lot the f�ont sha11 be the shorter lot boundary along a street.
GARAGE, PRNATE: An accessory building for the storage of not more than three
� motor- riven vehicles, of which not more than one shall be a coiranercial
_ vehicle of not more than two (2) ton capacity.
GARAGE, PUBI,IC: A building other than a private garage, used for the care�
_ repair or equipment of automobiles, or where such vehicles are parked or stored
for remuneration, hire or sale within the structure.
_ GUEST HOUSE: A structure for human habitation, containing one or more rooms
wi�i 6a��nd toilet facilities, but not including a lfl.tchen or facilities which
would pro^vide a complete housekeeping unit.
HALF STORY: That portion of a building under a gable, hip or gambrel roof�
w�i cTi i-s—unused or used only in con3unction with and by the occupants of the
—
floor immediately below.
HEIGHT OF BUILDING: The vertical distance measured from t,he sidewalk level or
! its equi.va en es ablished grade apposite the middle of the front of the bui.lding
to the highest point of the roof for flat roofs; to the deck line for mansaxd
roofs; and to the mean height level (between eaves and ridge) for gable and hip
_ roofs. Where a building is located upon a terrace or slope the height ma,y be
_ -3-
measured from the average ground lev�el at the building wall. —
HOME OCCUPATTON: Any gain�ul. occupation carrisd on only by a member of the fami-
y w ic res �es on the premises� sub�ect to the follo�wing limitations: No coan- —
modities may be sold on the premises. No display may indicate from t,he exterior
of the building that it is being used in whole or in part for any purpose other
than that of a dwelling. No person may be employed other than a member of the ""
irmnediate family who resides on the premises. No mechanical or electrical equip-
ment may be used except such equipment as would be customarily used for domestic _
or household purposes. A professional person may use his residence for emergency
consultation or treatment but not for the general practice of his profession. No
accessory building shall be used for a home occupation. _
HOSPITAL OR SAP1�'TARIUM: An institution open to the public� in which sick •
pa ien s or n ure persons are given medical or surgical care; or for the care _
of contagious diseasea or incurable patien�ts.
HOTEL: A building in which lodging is offered or provided by compensation with
or without meals in which there are more than ten (10) guest rooms. —
KENNELs Ar�y lot or premiaes on which faur (�.) or more dogs� at least four (!�) _
mon s of age� are kept.
LODGING HOUSE: A building where lodging is offered or provided for compensation
�or ree or more� but not to exceed ten (10) guest rooms. —
LOADING SPACE: An off-atreet apace or berth on the same lot with a building� or .
c-�' gu��o a group of buildings� for the temporary parking of a comm�reial —
vehicle while loading or unloading merchandiee or materiala� and whiah abuts upon
a street� alley or other appropriate means of acceas. _
L()T: A parcel of land used or suitable for oacupancy by on� main building or one
�n use with perm3.tted inciderital buildings and providing open spaces as re-
quired by this ordinance and having its principal frontage upon a public street. —
A lot may be land so recorded on the records af the Recorder of Deeds of MeHenry
County, Illinois� or may include parts of or a combination of such lots when ad- _
�acent to one another provided such la.nd is used for one improvement.
LOT, IlVTERIOR: A lot other than a corner lot. _
LOT LINES: The lines bounding a lot as defined herein.
____�_.____
�LOT..�WID,..T._H.: The .horizontal distance between the side lot linea measured at right —
angles to the lot depth at a point midway between the front and rear lot lines.
NON-CONFORMIl�TG USEs Ar�yy building, structure or land lawftiilly occupied by a use —
or lawftiilly situa.ted at the time of the passage of this ordinance or amendmenta
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thereto, which does not conform after the passage of this ordinance or amendments
_ thereto with the regulations established therein.
PARKING AREA PUBLIC: An open area� other than street� used for the temporary
par o.ng o more � an four (!�) automobiles arid available for public use whether
free, or for compensation or as an accommodation for clients or customers.
PARKIAIG AREA PRIVATE: An open area for the parking of privately owned automo-
i es an no or pu lic use.
_ PARKING SPACE: An area, enclosed in the main building, in an accessory bui.lcli.ng,
or unenc ose ,� sufficient in size to store one (1) standard automobile� which
has adequate access to a public street or alley and permitting satisfactory
_ ingress and egress of an automobile.
REAR YARD: An open space (unoccupied except for accessory bui.ldings) on the
_ same o with a building� between the rear line of the building and t,he rear
Iine o£ the lot� for the full width o.x" the lot.
� SET�ACK: The mi.nimum horizontal distance between the street wall of the build-
ing an the front street line.
SIDE YARD: An open unoccupied space on the same lot with a building between the
ui ding and the side line of the lot and extending from the front lot line to
the rear yard.
� SIGNS OUTDOOR ADVERTISING: Ar�y card, cloth, paper, meta.l� painted� glass�
woo en, p as er� s one or other sign of any kind or character whatsoever, placed
for outdoor advertising purposes on the grovnd or on arYy tree� wall� bush� rock�
+ post, fence, bui.lding, structure, or thing whatsoever. The term "placed�' as
used in the definition of "outdoor advertising sign�r and '�outdoor adv�ertising
_ structure" shall include erecting� constructing, posting, painting, printing,
tacking� nailing� glueing, sticlang� carving� or other fastenings affixing or
making visible in ar�y manner whatsoever.
STORY: That portion of a bui].ding included between ar�y floor and the floor next
a�ove it, or if there is no floor above� then the space between such floor and
_ the ceiling next above it.
STREET LINE: The division line between a lot, tract� or paxcel of land and a
contiguous public street� including in such street, all property dedicated for
street purposes or sub�ect to public easements therefore� or proposed for future
street right-of way as designated in the Ma,jor Street Plan.
STREET WALL: That wall or part of a wall of a building or that paxt of the wall
o`r suppor s of a porch or other structure� nearest to and most nearly parallel
_ with the street, extending more than four (4) feet six (b) inches above the
� ���
finished grade.
STRUCTUREs Anything constructed or erected� which required location on the _
gro�or attached to sarnething having location on the ground.
STRUCTURAL ALTERATTONS: Ar�y change which wauld prolong the l.ife of the supporting _
me ers o a u�. ng or structure� such as bearing walls, columns� beama or
girders.
TERRACE OPEN: A 1eve1 and rather narraw plaa.n or platform which for purpoaes of —
s or inance is located ad3acent to one or more faces of the main structure'
and which is constructed not more than four (l�) feet in height above the average _
level of the ad�oining ground.
TOURIST COURTs A group of attached buildings containing individual aleeping or _
1�ng uns.�s; designed for or used temporarily by automobile tourists or
transients, wit,h garage attached or paxking spa.ce conveniently located to each
unit, including auto courts� motels� or motor lodges. _
TOURTST HOME: A dwelling in which over•n3.ght accammodations are provided or
o ere or transient guests. _
T.�RA.�ILE�Rt, AUTOMOBII,E: A vehicle without motive pawer� designed to be drawn 'by a
motor ve� .c e an �o be used for human habitation or for caxrying persone or
property, including a trailer coach or house trailer. —
USE PRINCIPAL: A ��principal use" is the ma3.n use of land or building� as dis-
ingu s e rom a subordinate or accessory use. A �'principal use" may be .either —
°permitted" or ��special."
USE, PERMITTEDs A ��permitted use�� is a use which ma.y be lawfl.illy' esta.blished in —
a par�cu�istrict� provided it conforms with all requirements and regulations
of such di�tricts.
YARD: An open space on the same lot with a main bvilding� unoccupied and unob-
s�'�cted from the ground upward� except as ot�herwise provided in this ordinance. _
YARD FRONT: A yard extending across the ftii,ll width of the lot and lying be-
ween e�`ront ].ine of the 1ot and the neaxest line of the building.
ARTICLE III. DISTRICTS AND RE(�ULATIONS E5TABLISHED. �
Tn order to classif�, regulate and restrict the locations of trades and indus-
tries, and the location of buildings designed for speciPied uses; to regulate and _
limit the height and bulk of buildings hereafter erectsd or altered; to regulate
and limit the intensity of t,he use of lot areas, and to regulate and determine
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the area of yards� courts, and other open spaces within and surrounding such
_, buildings� the City of McHenry, Illinois� is hereby dividad into ten ��Districts."
The use� height� and area regulations are uniform in each of the regulation
districts and said districts shall be known ass
.,.
1. R-1 Single-Family District
... 2. R-2 Single-Family District
3. R-3 Single-Family District
1�. R-!� Multi-Family District
! 5. B-1 Corrar►ercial - Retail
6. B-2 Commercial - Recreational
7. B-3 Commercial - Non-Retail
� 8. B..1� Comanercial - Regional Service
9. I-1 )
� I-2 ) Industrial Park
I-3 )
— Z�• I-�. Heavy Industrial
The boundaries of these districts are indicated upon the Zoning Map of the City
_, of McHenry, which map is hereto attached and made a part of this ordinance. The
said Zoning Map of McHenry with all the nota.tions� references� and other matters
shown thereon, shall be as much a paxt of this ordinance as if the .nota.tions�
_ references and other matters set forth by said map were all fla.11y described
herein. Except after obtaining written permission f`rom the Building Cormn�.ssion-
er and except as hereinafter provided:
(a) No buildings shall be erected or altered� nor shall
any building or premises be used for ar�y purpose�
— other than is permitted in the district in which
such building or premises are located.
— (b) No buildings shall be erected or altered to exceed
in height the limit herein established for the
district in which such building is located.
(c) No building shall be erected� nor shall any existing
building be altered, enlarged� or rebuilt� nor sha11
_. any open spaces surrounding any building be en-
�� M Z-
croached upon or reduced in any manner, except in con- —
formity with the area regulations hereby eatablished
for the district in which such building is located.
Unless otherwise prohibited� or restricted� a permitted uss also allaws such a _
use, building or structure as is clearly incidental thereto and compatible wit�h
the principal use� if located on the same lot. Incidental uses� bui.ldings or
structures shall not be esta.blished or erected prior to the establishment or con- _
struction of the principal use.
ARTYCLE N. GENERAL CONDITIONS.
1. Public or semi-public buildings, churches� hospitals� sanitariums� or schools _
ma.y be erected to a height not exceeding forty (40) feet� or three (3) stories,
provided that where they are located in any residence district they must be
set back from each property line at least one foot for each foot of addition- _
al building height above the limit for the district, in addition to �the other
front and side yards requirements of the district.
2. Penthouses or roof structures for the housing of elevatora� st,airways, tanks� —
ventilating fans or similar equipment required to operate and maintain the
building, and fire or parapet walls, s�rli�ts� tawers, steeples� flagpoles�
chi.mneys, smokestacks� radio and television aerials or antennas, wireless —
masts, water tanks, or similar atructures may be erected above the height
limits herein prescribed. No such structure may be erected to exceed by more
than twenty-five (25) feet the hei�h�t li.mi.ts of the district in which it is -'
located� except t,hat aerials or antennas designed to aid home television
reception may be erected to a height not to exceed sixty (60) feet from the
ground level� providad said aerial or antenna is attached to the building or —
erec�ed in the rear yard axea.
3. No space which for the purpose of a building or dwelling group has been —
counted or calculated as part of a side yaxd� rear yard, front yard� court
or other open space required by this ordinance, may, by reason of change in
ownership or otherwise, be counted or calculated to satisfy or comp7,y with a —
yard� court� or ot,her open space requirement of or for ar� other dwelling.
An open terrace, but not including a roofed over porch or terrace, may occu- —
py a front yard provided the unoccupied portion of the front yard has a
depth of not less than fifteen (15) feet. A one-story bay window may pro3ect _
into a front yard not more than three (3) feet. Overhanging eaves, includ-
ing gutters, may pro3ect over the mini.mum required side yard not more than
eighteen (18) inches. _
The minimum yar.ds or other open spaces, including lot areas per family' re-
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quired by this ordinance for each and every building existing at the time of
_ passage of this ordinance or for an,y building hereafter erected� shall not
be encroached upon or considered as yard or open space requirements for any
other building.
!�. Every building hereafter erected or structurally altered to provide dwelling
units sha11 be located on a lot as herein defined and in no case shall. there
_ be more than one such building on one lot unless otherwise provided.
5. Any separate tract the title of which was of public record at the time of
_ the adoption of this amendment� that does not meet the requirements of this
amendment for yards, courts or area of lot may be utilized for single-family
residence purposes.
6. No building shall be constructed or erected upon a lot or parcel of 1and'
which does not abut upon a public street or permanent easement of access to
_ a public street� which easement shal], have a miniraum width of twenty-five
(25) feet, unless an easement of lesser width was of record or of established
use for seventeen (17) years prior to the adoption of this amendment.
7. No residential structure shall be erected upon the rear of a lot or upon a
lot with another dwelling; except that of a two-story garage with living
_ uarters upon the second floor� such quarters may be occupied by a servant
�and his family) of the family occupying the main structure. There may also
be constructed a guest house (without lfltchen) or rooms for guests within an
_ accessory building, provided such facilities are used for the occasional
housing of guests of the occupants of the main structure and not for perma-
nent occupancy by others as a housekeeping unit.
8. Nothing in this ordinance shall be deemed to require any change in the plans�
construction or designated use of ar�y building upon which actual construction
_ was lawfully begun prior to the adoption of t�his ordinance and upon which
bua.lding actual construction has been diligently carried on and provided
f�i.rther that such building shall be completed within two (2j years from the
_ date of passage and publication of this ordinance.
9. Any area annexed to the City of McHenry shall, upon such annexa.tion� be.
_ automatically classified in the District in which said axea was designated
on the ��Zoning Map of McHenry, Illinois and Environs" adopted as paxt of
t�he Official Plan of the City of McHenry on Maxch 19, 1962, as that map
_, may be amended from time to time. tiJit�hin sixty (60) days after date of
annexation the Plan Commission shall hold a public hearing in the manner
provided for amendments to this ordinance and shall thereafter submit a
_ recommendation to the City Council for the classification of the annexed
area. The City Council shall classif�y the area in the same District or such
other District as it shall determine wi.thin one hundred twenty (120) days
_ of the date of annexa.tion. If the City Council fails to take such action
� w9w
within one hundred twenty (120) days the annexed area shall be deemed to —
have been class3.fied in the D3.strict designated on the aforesaid Proposed
Zoning Map. —
10. Ev�ery part of a required yard or court shall be open frarn its lawest point
to the slqr unobstructed, except for the ordinary pro�ections of sky-lights _
above the bottom of such yard or court� and excspt for the pro3ections of
s3.11s, belt course� cornices and ornamental featurea not to exceed twenty
four (2!�) inches. _
11. On ar�y corner lot where a front or side yard is required or provided,, no
building� fence or hedge or other obstruction shall be placed so as to _
interfere with clear vision in an automobile from one stireet to the other
across the corner.
12. No private property located in an ��R�� Residential District shall be us.ed as —
a vehicular accessway to any parcel located in ar�y "B" or "I" District.
13. No basement shall be occupied as living quartere until a story abovegrade —
has been completed and is ready for occupancy.
11i.. Established set backs: Notwithstanding any other provisions in regard to "-
set back in residential areas as are set forth in this Ordinance� if s�.xty
(60;b) percent of any defined residential block is improved with buildings _
at �he time of the passage of this Orclinance� and the entire improved
frontage shall have been established to a set back line which is less than
the minimum requirement as provided for in the appropriate Residential _
District in which the property is located, then the set back existing at
the ti.me of �the passage of this Ordinance shall be accepted as a proper
mini.mum and no hearing for variation shall be required to permit t�he con- _
struction of a building or structure conforming to the e�.sting set back.�
ARTICLE V. ��R-1" SSNGLE-FAMILY DISTRICT.
.� �
A. Use Re ations: Permitted uses are: _
1. Single-family dwell,inga.
2. Churches. —
3.. Public primary and secondary schools and private prime.ry and secondary _
schools with curr3.cula substantially equivalent to a public school.
!�. Golf courses, not including miniature courses or commercial driving r
ran�es.
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5. Police and fire stations and build3ng for storage of municipal equip-
_ ment.
6. Public park.
7. Public administration building.
_ 8. Truck gardening and other horticultural uses� where no building is
involv�ed, and not operated for profit.
_ 9. Special uses� subject to the provisions of Article XV.
10. Uses customarily incident to any of the above uses, including permitted
_ home occupations� as provided in this Ordinance.
11. Accessory buildings including a private garage, accessory living
_ quarters, guest house� recreation roam� green house, bath house� pro-
va.ded that no kitchen facilities shall be provided except in the princi-
pal residential bvilding.
12. Temporary buildings and uses for construction purposes for a period not
to exceed one (1) year.
13. Signs� sub3ect to Article XVIII.
_ ].1�.,, Automobile parking space to be provided as required in Article XVI.
B. Euild,�in _Height: No building or sf,ructure shall hereafter be erected'
_ alterec�. or en arged to exceed two and one-half (22) stories nor to exceed
thirty-five (35) feet in height.
_ C. Areas: No building or structure shall hereafter be erected and no building
or s ructure shall hereafter be enlarged which would when erected conflict
with or when enlaxged or altered further conflict with the following re-
_ quirements for yards and lot areas and coverage of lot:
1. Front Yard - There shall be a front yard of not less t,han fifty (50)
.. ee •. —
2. Side Yard - On interior lots there sha]:l be a side yard on each side of
_ a main�ruilding of not less than fifteen (15) feet, and a combined total
of side yards of not less t�han tdlirty-five (35) feet.
_ On corner lots the side yard requirement shall be the same as for in-
terior lots, except that there will be maintained a side yard of not
less than fifteen (15) feet on the side ad�acent to the street which
_ i.ntersects the street upon which the building or structure maintains
_. -11-
frontage, and except in the case of a reversed corner lot, there sha11 —
be maintained a setback from the side street of not less than fifty (50)
percent of t,he front yard required on the lots in the reax of such corner
lots but such setback need not exceed fifteen (15) feet. No accessory —
building on sai.d reversed corner 1ot shall pro�ect beyond the front yard
required on the ad�acent lot to the reax� nor be located nearer than ten _
(10) feet to the side lot line of said ad�acent lot.
3. Reax Yaxd - There shall be a rear yaxd having an average depth of not
ess an fiftY (50) feet. —
4. Lot Area - Every lot� farm or otdzer paxcel of land shall have a mi.nimum _
w�`'df,�a� the front building line of one hundred thirty-two (132) feet�
and a minimum area of forty thousand (40,000) square feet for all uses
permitted in this section� exaept that: _
(a) The lot area for churches and public and private schools
ahall be not leas than two (2) acre�. _
s. Lot Covera e - Not more than twenty-five (25) percent of the area of a
o may e covered by main buildi.ngs� structures or accessory buildings. _
6. Aceessory Buildin a - Accessory buiTdings shall not encroach upon the
rof�n�yar . ey may encroach upon the side yards provided no buildings
are closer to the lot lines tdzan ten (10) feet, and provided further —
that on a corner lot accessory buildings ahall not encroach upon the
front or side yards ad�acent to the abutting streets. _
ARTICLE VI. ��R-2" ONE-FAMILY DISTRICT (20,000 squs,re feet)
A. Use Regulations: Permitted uses ares
1. Ar�,y use permitted in the «R-1" One»Family District, including Special —
Uses sub�ect to provisions of Article XV.
B. Height: The same regulations sha11 apply as required in the '�R-1" One- —
a��r District.
C. Areas: No building or structure shall hereafter be erected and no bua.lding —
or s�ructure shall hereafter be. en].arged which would when erected conflict
with or when enlarged or altered flirther conflict with the following require- _
ments for yards and lot areas and coverage of lot:
1. Front �'ard: Each lot upon which a dwelling �s construct,ed shall� hav+e a
ro�ax� of not less than thirty-f`ive (35) feet. Where lots comprising � —
forty (40) percent or more of the frontage between two intersecting
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..
streets are developed with buildings having front yards with a vaxiation
_ of not more than fifteen feet in depth, the average of such front yards
shall establish the minimum front yaxd depth for the entire frontage.
In no case shall a front yard of more than fifty (50) feet be required.
�
2. Side Yaxd: On interior lots there shall be a side yard on each side of
a main uilding of not less than ten (10) feet� and a coanbined total of
_ side yards of not less than twenty-f`ive (25) feet.
On corner lots the side yard requirement shall be t,he same as for interi.-
_ or lots, except that there shaZ7. be maintained a side yaxd of not less
than fifteen (15) feet on the side ad�acent to the street which inter-
sects the street upon which the bui.l.ding or strueture maintains frontage,
and except in the case of a reversed corner lot, there shall be main-
� tained a setback from the side street of not less than fifty (50) percent
of the front yard required on �he lots in the rear of such corner lots�
_ but such setback need not exceed fifteen (15) feet. No accessory
building an said reversed corner lot sha11 pro�ect beyond the front yard
required on the ad�acent lot to the reax, nor be located nearer than
_ five (5) feet to the side lot line of said ad3acent lot.
3. Rear Yaxd: There shall be a rear yard having an average depth of not
_ es�I-`s`�1`ian thirty-five (35) feet.
!t. Lot Coverage: Not more than twenty-five (25) percent of the area of lot
_ may �e`co�ed by main buildings, structures or accessory buildings.
Z. Lot Area: Every dwelling hereafter erected or structurally altered shall
._ e� o`n a lot having an area of not less than twenty thousand (20�000)
square feet and a width at the front.building line of not less than one
hundred (100) feet.
6. Accessory Buil_d�in�s: Accessory buildings shall not eneroach upon the
�ron ya�ra:'I i`I ey may encroach upon the side yaxds provided no bui.ldings
are closer to the lot lines than ten ,(10) feet, and provided fuxther�
that on a corner lot accessory buildings shall not encroach upon the
front or side yaxds ad3acent to the abutting streets.
_
ARTICLE VII. ��R-3�� SINGLE FAMILY DISTRICT (10,000 square feet)
A. Permitted Uses: Permitted uses are:
_ 1. Ar�y use permitted in the R-1 Single Family District� including Special
Uses, subject to provisions of Article XV.
_ 2. Private garages in con3unction with existing structures for housing
.� r•��r
motor vehicles not more than one of which shall be the property of '
persone ot,her than the occupa.nts of the premises on whioh such pr3vate
garage is located and not more than one of which may be a truck. _
B. Hei t: No building or structure shall hereafter be erected, altered or en- —
arge to exceed two and one-half (22) stories nor to exceed tn3.rty-five (35)
Peet in height.
C. Areas: No building or structure shall hereafter be erected and no building _
or s'�ructure shall hereafter be enlarged which would when erected confl.ict
with or when enlaxged or altered fur�ther conflict with the following re-
quirements for yards and lot areas and coverage of lot: _
1. Front Yard: There shall be a front yard of not less than thirty (3�)
ee . �
2. Side Yard: On interior lots there sha11 be a side yard on each side of
e ma n uilding. Each �uch side yard ahall be ten (10) percent of the _
width of the lot, but in no instance shall it be necessaYy to have a side
yard of more than ten (10) feet on each aide.
On corner lota, the side yard requirements shall be the same as for in- —
ter3.or lots, except that there sha11 be mainta3.ned a side yaxd of not
less than twenty (20) feet fY�om the side ad3acent to the street which _
interaects the street upon which t.he building or structure maintaina
frontage, and except in the case of a reversed corner 1ot, t,here shal.l.
be maintained a setback from the side street of not less than fifty (50) _
percent of the front yard required on the lots in the rear of such
corner lots� but auch setback need not exceed fifteen (15) feet. No ac-
ceseory building on said reversed corner lot shall pro�ect beyond t�he _
front yaxd required on the ad3acent lot to the rear� nor be located
nearer than five (5) feet to the side lot line of aaid ad�acent lot•
3. Rear Yard: There ehall be a rear yard having an average depth of not
ess an twenty-five (25) fest.
!�. Lot Cov__. erage: No building with its accessory buildings shall occupy in
excess o��irty (30) percent of the area of the lot.
5. I,ot Area: Every dwelling hereafter erected or structurall,y altered ahall
e on a lot having an area of not less than ten thausand (10�000) s�quaxe
feet and w3,dth at the front builclin� 7.ine o� not less than seventy-fiv�e _
�75) feet.
6. Accesso Buildin�s Accessory buildings sha11 not encroach upon the _
ron yaxcl:��ey may encroach upon the side yards prov3.ded no buildinga
are closer to the lot lines than six (6) feet, and prov3ded flxrther that
w1,�,�
on a corner lot accessory builclings shall not encroach upon the front or
� side yards ad�acent to the abutting streets.
� ARTICLE VIII. ��R-I��� MIJLTI-FAMILY DISTRTCT.
A. Use Regulations: Permitted uses are:
1. AnQr use permitted in the �►R-3�� Single-Family District, including Special
Uses, sub3ect to the provisions of Article XV.
� 2. Two-family dwelling structures.
_, 3. Row dwellings containing three (3) or more family units.
4. Multiple dwellings and apartments.
5. Boarding or lodging houses.
_, 6. Signs� subject to Article XVIII•
7. Required off-street parking.
.�
B. Height: No building or structure shall hereafter be erected� altered or en-
arge to exceed two and one-half (22) stories nor to exceed thirty-five (35)
_ feet in height.
C. Areas: No building or structure sha11 hereafter be erected and no building
..
or s ructure shall hereafter be enlarged which would when erected conflict
with or when enlarged or altered �i.rther conflict with the following re-
quirements for yards and lot areas and coverage of lot:
1. Front Yard: There shall be a front yard of not less than thirty (30)
feet.
�
2. Side Yard: On interior lots there shall be a side yard on each side of
e main uilding. Each such side yard shall be ten (10) percent of the
,_ width of the lot, but in no instance shall it be necessary to have a
side yard of more than ten (10) feet on each side. On corner lots the
side yard on the intersecting street side shall not be less than ten (10)
_ feet, except in t�he case of a reversed corner lot, where there shall be
a side yard on the street side of the corner lot of not less t,han fifty
(s0) percent of the front yard required in the lots in the rear of such
_ corner lot. No accessory building on said reversed corner lot shall
project beyond the front yaxd line required on the ad3acent lot zn the
rear, nor be located nearer than five (5) feet to the side lot 3ine of
�, such ad�acent lot.
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3. Rear Yard: There shall be a rear yard of nat less than twenty-five (2s)
ee or interior lots, nor less than fiffi,een (15) feet for corner lots.
I�. Lot Coverage: Not more than thirty-five (35) percent of the area of a '—
lot may be covered by buildings or structures. �
5. Lot Area: No building sha11 hereafter be erected or structural].y altered —
on any�ot less than fifty (�0) feet in width nor less than five thousand
(5�000) square feet in area except t�hat a single family dwelling may be
erected on any lot of smaller area and less width which has been duly re- —
corded prior to the passage of this ordinance if it was then and still
remaine separately owned from ad3o3ning lots on either side. Dvery resi- _
dential buil.ding hereafter erected or structurally altered for use other
t,han for a single famil,�r dwelling shall provide a lot area per dwell�ng
unit or, where ind3cated� per sleeping room, as follaws: _
Two-family dwelling 2500 square feet per
dwelling unit _
Multiple dwelling� apart- 2500 square feet per
ment or raw dwelling of ctwelling unit _
more than two units; pro-
vided a one-bedroom
dwelling unit shall re- _
quire only 1600 square feet per
dwelling unit
and an efficiency unit _
shall require only 1200 squaxe feet per
dwelling unit
Boarding and lodging
houses� orphanages�
nursing or rest home 500 equaxe feet per
sleepin� room —
6. Courts: No inner court or courts completely surrounded on a11 sides by
a u ding sha11 be permitted. Outer courts are permitted� provided the —
depth of tdze court is no greater than the width of the court.
7. A�cces��s�o•ry Buildings: The same regulations shall apply as requir.ed in the "
� �Ir(�J�� '1'L7�nm��ry t�-strict. �
ARTICLE 7X. "B-1" COP'Il�iERCIAL RETATL DISTR2CT
._._.
The Commercial Retail araa is designed primarily for the retail shopping activi• —
ties of persons reaiding in the trading area and to permit such retai2 uses as
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shall be compatible with each other as distin�uished from non-retail activities
_ which axe not conducive to enhancing a retail shopping area.
A. Permitted uses:
1. Permi.tted uses axe:
„ (a) Banks.
(b) Bakeries, where all goods axe sold on the premises at retail.
(c) Barber Shops and Beauty Shops.
_ (d) Books and Stationery Stores.
(e) Dry Cleaners pick up stations and facilities for cleaning not more
_ than 1�000 pounds of dry goods per day and using non-flamrr��.b1e
cleaning agents.
.., (f} Drug Stores.
(g) Elactrical Appliance Shops..
(h) Florist Shops and Greenhauses for retail trade only.
_ (i) Grocery, Fruit or Vegetable Stores.
(j) Hardware Stores.
�
(k) Launderettes and Laundromats.
� (1) Meat Ma.rkets or Poultry Stores� if no slaughtering or stripping
is involved.
_ (m) Package Liquor Stores.
(n) Pet Shops.
(o) Ra,dio, Television Sales and Service.
_, (p) Restaurants, including fi,he sale of alcoholic beverages.
(q) Retail Stores and Services.
..
(r) Shoe Repair Shops.
w (s} Signs subject to Article XVIII.
_ -1?-
(t) Tailor and Dressmaking Shops� not employing more than five (5)
people.
(u) Temporary buildings incidental on7,y to construction of permitted
use.
(v) Department� flxrniture and home appliance stores.
(w) Hand laundriea. —
(x) Theatres, indoor.
(y) Professional or Service Offices.
(z) Uses customarily incidental to axiy of the above uses and accessory _
buildings when located on the same lot. All business or service of
aforesaid stores, ahops, businesses, shall be conducted wholly wit.h-
in a completely enclosed building� except for automobile parking _
and off-street loading area.s. Special uses, sub�ect to the pro-
visions of Article XV.
2. Other permitted uses, provided they are located above the main floor and -"
above a business use permitted in this district, are:
(a) Apartments.
(b) Business� Music� Dance or Conrmercial Schools. _
(c) Dance Hal.ls.
(d) Employment Agenciea.
(e) Radio Broadcasting Stations. _
(f) Lodge Rooms� Fraternal Halls.
B. Height: No building or structvre shall hereafter be erected� altered or en-
arge to exceed three (3) stories nor to exceed thirty-five (35) feet in
height. _
C. Areas: No building or structure sha7.1 hereafter be erected and no building
or`s�ructure shall hereafter be enlaxged which would when erected conflict _
with or when enlarged or altered further conflict wit�h the following re-
quirements for yards and lot areas and coverage of lott
1. �ront Setback: A11 new structures permitted in this district shall be —
se act •rom the front street line a distance sufficient to provide a
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s3dewalk not less than ten (10) feet wide.
2. Side Yard: Where a lot is used for a�y of the purposes permitted in
s�h�s�rict and is located at t,he intersection of two or more streets�
_ and where ��R�� District ad�oins the reax of said lot� t�he side yard on
the side of the lot ad3acent to tdze street shall not be less �than ten
(10) feet in width� except t�hat the buildable width of the lot shall not
be reduced to less than twenty (20) feet. In all other cases a side
yard is not requi.red except on the side of a lot ad�oining a dwelling
district, in which case there sha11 be a side yaxd of not leas than fiv�e
_ �5) feet.
3. Rear Yard: There shall be a rear yaxd having a depth of not less than
_ en feet when abutting upon a public alley and not less than twenty
(20) feet when no dedicated alley or public way ex9.sts at the reax of
the lot.
—
ARTICLE X. ��B-2�� CONIMERCTAL - RECREATION DISTRICT.
— The Commercial - Recreation District is designed primarily to provide for the
convenience needs of transient, vacationing and recreational needs of persons
_ other than retail purchasers who may or may not reside within proximity of the
City, and to provide a district which would encouxage the interchange of recre-
ational activity and supplement but not distract from other less allied retail
and commercial uses.
A. Permitted Uses:
1. Automobile Serv�ce Stations.
_ 2. Clubs� Lodges and Fraternal Organizations.
3. Marine Sales and Service.
!�. Motels.
_ 5. Hotels.
b. Offices.
�
7. Tourist Homea.
8. Billiard and Pool Rooms.
9. Bowling Alleys, Skating Rinks� Golf Driving Raxiges and Miniature Golf
Courses.
w�9�
10. Dance Halls. -
11. Garages and 1ots, public, for storage of private passenger automobiles�
but not including repair service. -
12. Signs� subject to Article XVIII.
13. Restaurants.
14. Taverns. -
15. Theaters.
16. Uses customa.rily incidental to ar�y of t,he above uses and accessory
buildings when located on the same lot.
17. Required off-street parking.
18. Special Uses, subject to the provisions of Article XV. -
B. Height: No building or structure shall hereafter be erected� altered or en-
arge to exceed three (3) stories nor to exceed thirty-five (35) feet in -
height.
C. Areas: No bui,lding or structure shall hereafter be erected and no building '-
or`s�ructure shall hereafter be enlarged which wou3.d when erected conflict
wit�h or when enlarged or altered further conflict with the following re-
quirements for yards and lot areas and coverage of lot: '-
1. Front Setback: All new structures permitted in this district shall be
set�ac�t from the front street line a distance sufficient to provide a -
sidewalk not less than ten (10) feet wide.
2. Side Yard: where a lot is used for ar�,y of the purposes permitted in this -
distric�and is located at the intersection of two or more streets� and
where an "R'� District adjoins the rear of said lot� the side yard on the
side of the lot adjacent to the street sha11 not be less than ten (10) -
feet in width� except that the buildable width of the lot shall not be
reduced to less than twenty (20) feet. In all other cases a side yard
is not required except on the side of a lot adjoining a dwelling "
district� in which case there shall be a side yaxd of not less than five
(5) feet.
3. Reax Yard: There shall be a reax yard having a depth of not less than
en feet when abutting upon a public alley and not less than twenty
(20) feet when no dedicated alley or public way exists at the rear of -
the lot.
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ARTICLE XI. ��B-3�� CONIMERCIAL DISTRICT.
Standards: All buildings� structures and uses in the "B-3�� Commercial District
s-Fia�comply w:i.th the following regulations:
(a} No building shall be used for residential purposes� except apartments
abov�e a permitted commercial use.
(b) All operation and production activities shall be conducted or maintained
wholly inside an enclosed building. Where open storage is used, the
_ area should be effectively screened by a decorativ�e solid wall or fence,
or dense evergreen planting of sufficient height to block out the view
of the storage area, fram ar�y park or Residential District. No open
_ storage sha11 be permitted within sixty (60) feet of an ad3oining
Residential District or public park.
_ (c) No noise from the operations (other than that emanating from vehicular
traffic) either continuous or intermittent� shall be detectable at the
boundary line of ar�y Residence District.
(d) No to�dc matter, noxious matter� smoke or gas, and no odoraus or
particulate matter detectable beyond the lot lines shall be emitted.
(e) No vibrations shall be detecta.ble beyond the lot lines.
_ (f) No glare or heat shall be detectable beyond the lot l.inea.
(g) Exterior lighting fixtures shall be shaded wherever necessary to avoid
_ casting direct light upon ar�y Residence District or into public streets
or parks.
_ (h) No fuel except electricity� oil or gas shall be used.
(i) The storage or use of chemicals, either solid� liquid or gas� shall be
_ subject to the following conditions:
(1) The �torage� utilization or manufacture of materials or products
—
ranging from incombust3.ble to moderate burning is permitted.
(2) The storage, utilization or manufacture of materials� ranging from
free to activ�e burning� is permitted, provided the follawing con-
dition is met: said materials or products shall be stored� uti-
lized or manufactured within completely enclosed buildings having
_ incombustible exterior walls and protected throughout by an auto-
matic fire extinguishing system.
(3) The storage� utilization or manufacture of flammable materzals
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which produce explosive vapors or gases is prohibited, except that "
atorage of gasoline and fuel oil for use solely for heating or
operation of vehicles in connection with the principal use is per-
mitted� provided storage is underground and doee not exaeed a ca- —
pacity of one thousand (1�400)gallons.
(3) No raw materials shall be processed into ar�y of the follo�w3.ng basic —
products: metals of any kind� gases� plastics� textiles� paper and
leather. _
(k) A11 premises shall be furnished with a11-weather surface walks; and ex-
cept for parking areae, grounds sha11 be planted and land�caped. _
A. Permitted Uses: Permitted uses are:
l. Any use permitted in the ��B-1" Commercial Retail District. '"
2. Automobile service station. _
3. Agricultural implement sales and service.
4. Air conditioning and heating sales and service. —
5. Auction rooms.
6. Automobile sales and serv3ce shop.
7. Battery and tire service stations. —
8. Beverage distributors, but not including bottling plants•
9. Book binding.
10. Catering establishments. —
11. Clubs� lodges or fraternal organizations.
12. Express3ng� baggage� and transfer delivery service.
13. Garages or lots, public or private� for storage of passenger automobiles� —
trucks, or buses.
1I�. Laboratories. —
15. Laundry.
16. Painting and decorating shops.
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�
17. Plumbing� heating, and roofing supply and work shop,
18. Printing� publishing� and issuing of newspapers� periodtcals� books: and
other reading matter.
19. Printing shops.
_, 20. Radio broadcasting sta.tion.
21. Taxi service stations.
,
22. Telegraph service stations.
_ 23. Trailer sales.
21�. TnJholesale establishments.
25. Manufacturing or processing which is clearly incidental to use is per-
mitted. Such manufacturing or processing is limited to that which em-
_ ploys not more than ten (10) persons in the manufacturing or processing.
26. Offices, professional offices� and medical clinics.
..,
27. Undertaking establishments.
_ 28. Temporary buildings incidental only to construction of a permitted use.
29. Uses customarily incidental to any of the above uses and accessory
_ buildi.ngs when located on the same lot.
30. Signs� subject to Article XVIII.
31. Used car lots.
...
32. Construction offices.
33. Required off-street paxking.
34. Special uses� sub�ect to the conditiona of Article XV.
B. Hei t: No building shall hereafter be erected so as to exceed twenty-five
� eet in height� except that additions to existing buildings may be ex-
tended not to exceed the height of the existing principal building.
C. Areas: No building or structure sha11 hereafter be erected and no building
or s�ructure shall hereafter be enlarged which would when erected conflict
_ with or when enlarged or altered �i.rther conflict with the follawing re-
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quirements for yards and lot areas and coverage of lot:
1. F�ont Yard: All new structures permitt�ed in this district shall be set _
a'6 ck rom`the front street line a distance sufficient to provide a side-
walk not less than ten (10) feet wide.
2. Side Yard: Where a lot is used for any of the purposes permitted in this —
.c�"is'�3'c�'"a.nd is located at the intersection of two or more atreets' and
where an ��R�� District ad�oins the reax of said lot, the side yard on the
side of the lot ad�acent to the street shall not be less than ten (10) —
feet in width, except that the bvilding width of the lot shall not be
reduced to less than twenty (20) feet. In all other casea a side yaxd is
not required except on the side of a lot ad�oining a dwelling di.strict� —
in which case there shall be a side yard of not less than five (5) feet.
3. Rear Yard: There shall be a rear yard having a depth of not less than —
ten feet when abutting upon a public a11ey and not less than twenty
(20) feet when no dedicated alley or public way exists at the rear of _
the Iot.
ARTICLE XII. '�B-!�" COI�IERCIAL - REGIONAL SERVICE. —
A. Puxpose: The '�B-!t" Regional ServS.ce l7istrict is designed to furnish those _
necessary services which may also be uses permitted in the Retail and Recre-
ational Districta to aervice transient or non-local vehicular traffic at
ma�or vehicular intersections, and axea services. _
B. Standards: The following conditions sha11 be applicable to all buildings�
st�ures� and uses in the °B-1�" District: _
1. No building shall be used for residential pvrposes.
2. A11 business establiahments in this District shall be under roof; all —
business operations shall be conducted under roof; and there shall,be no
outside storage of apparatus� materials or devices used in the conduct _
of the business� or ob�ects upon which a aervice is to be performed in
the operation of the business.
3. Exterior lighting fixtures shall be shaded wherever necessary to avoid —
casting direct light upon anQr Residential District or upon a public
street or park. _
C. Use: Any building or premises within t,he nB-?�" Regional Sex�vl.ce District
s a 1 be used only for the following purposes:
l. Air Conditioning and Heatin� Sales and Service.
�2�,w
2. Automobile Sales and Service Shops.
3. Book Binding.
_ ?�. Catering Establishments.
5. Garages or Lots, public or private� for storage of passenger automobiles�
.. trucks, or buses� all of such storage to be under roof.
6. La.boratories.
�
7. Laundries.
, 8. Painting and Decorating Shops,
9. Plumbing� Heating� and Roofing Supply and Work Shops.
10. Printing� Publishing� and Issuing of Newspapers� Periodicals� Books�
and other reading matter.
�
11. Printing Shops.
_
12. Radio Broadcasting Stations.
13. Telegraph Service Stations.
1L�, Offices, Professional Offices� and Medical Clinics.
15. Uses customaxily incident to ar�y of the above uses and accessory
buildings when located on the same 1ot.
16. Manufacturing or processing which is cleaxly incidental to use is per-
mitted. Such manufacturing or processing is limited to that which em-
plogs not more than ten (10) persons in the manufacturing and process-
_ ing.
17. Temporary buildings incident only to construction of a permitted use.
� 18. Signs, subject to Article XVIII.
19. Required off-street parki.ng. No par�.ng shall be permitted in the
— front lot area� but only upon side and rear yard areas provided for
such purposes.
20. Special uses, sub�ect to the conditions of Article XV.
D. Height: No building shall hereafter be erected so as to exceed twenty�five
_ ..25.»
(25) feet in height� except that addifi�ions to exi.sting buildings may be ex- !
tended not to exceed the height of t�,he existing principal building•
E. Areas: No building or structure sha11 hereafter be erected and no building —
or structure shall hereafter be enlarged which would when erected conflict
with or when enlarged or altered further conflict with the following re- _
� quirements for yards and lot areas and coverage of 1ot:
1. Front Yard: A11 new structures permitted in this District shall be set
ac om the front curb line a da.atance of twenty-five (25) feet, and —
all front yaxd widt,hs shall be not less than eighty (80) feet wide.
2. Side Yard: Where a lot is used for any of the purposes permitted in this —
is r c , there shall be a minimum side yard total of not less than.
thirty (30) feet, with a minimum side yard of ten (10) feet on one side _
of the atructure.
3. Rear Yard: There shall be a rear yard having a depth of not less than
wen y 0) feet, and the combination squaxe footage of rear yaxd and —
side yard must total not less than the minimum square footage required
for off-street parking in this District. _
F. Use Intensit : No building, with its accessory buildings, shall occupy more
�'�o�Ey�.tO) percent of the area of the lot or tract.
ARTICLE XIIT. INDUSTRIAL PARK DISTRICT.
A. Pur ose: The Industrial Paxk District is designed primarily to permit ad-
s rative� research� restricted industrial� and other related ac�ivities�
.which do not in ar�y way detract from the existing character of tdis City� and "
to restrict such activitiea to an area which is in proximity to low-lying
terrain, easily accessible to the most traveled transporta.tion uses and heavy _
industrial uses. All of the following restrictions are imposed to proteet
and foster the residential character of the City and to promote its orderly
grawth. _
B, Site Requirements: The Industrial Paxk District sha11 be subdivided into
�f'iree c assi ications: ��I-111 - one acre minimum aitesj "I-2" - two (2)
acre minimum sites; "I-3" - three (3) acre minimum sites. —
C. Standards: All buildings� structures� and uses in the Industrial Park
'strict shall comply with the following regulations: —
l. No building shall be used for residential purposea.
2. Na retail sales or services shall be permitted, except as incidental or
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s.
accessory to a principal and permitted use.
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3, Al1 operations, activities and s�orage shall be conducted or maintained
wholly inside enclosed buildings.
s
I�. No noise from the operations (otlzer than that emanating from vehicular
traffic) either continuous or intermi.ttent, shall be detectable at the
._ boundary line of any Residence District.
5. No toxic matter, noxious matter� smoke or gas, and no odorous or
_ particulate ma.tter detectable beyond the lot lines shall be emitted.
6. No vibrations shall be detectable beyond the lot lines.
7. No glare or heat shall be detectable beyond the l.ot lines.
_ 8. Exterior lighting fixture shall be shaded wherever necessary to avoid
casting direct light upon ar�y Residence District or into public streets
or parks.
9. No fuel except electricity� oil� or gas shall be used.
� 10. The storage or use of chemicals� either solid� liquid, or gas� shall be
subject to the following condi�-,i.ons:
_ (a) The storage� utilization� or m�anufacture of ma.terials or products
ranging from incombustible to moderate burning is permitted.
_ (b) The storage, utilization� or manufacture of materials or products
ranging from free to active burning is permitted� provided the
following condition is met: said materials or products shaL1 be
_ stored, utilized, or manv.factured within completely enclosed
buildings hay.i.ng incombustible exterior walls and protected
throughout by an automatic fire extinguishing system.
(c) The manufacture of flammable materials which produce explosive
vapors or gases is prohibited.
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11. No raw materials shall be processed into any of the following basic
products: Metals of any lfl.nd� glass, plastics, textiles, leather.� or
_ paper.
12. All premises shall be furnished with all weather surface walks� and
., except for parking areas� grounds shall be planted and landscaped.
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D. Permitted Uses: Permitted uses are:
Ar�,y building or premises within the Industrial Park District shall be used _
on7tiy for the followi.ng purposes:
1. Compounding, processing, and blending of chemical products. _
2. General, administrative� research data pracessing offices.
3. Machine shops and metal products manufacture, and tool and die shops. —
4. Processing and assembling of light weight products. _
s. Research laboratories.
6. Signs, subject to Article XVIII. —
7. Storage warehouses for a specific busineas enterprise� but nvt including
commercial st�,orage for hire. —
8. Accessory buildings incidental to the foregoing. _
9. Required off-street paxking.
10. Special uses� sub3ect to the provisions of Article XV. '
E. "I-1" � One Acre Minimum Industrial Park Tract:
1. Area Re ulations: No building site in the "I-1�' Industrial Park District
s a e es�Fian one acre overall., No building, or ar�y part thereof�
shall be hereafter erected, altered or relocated so that ar�r paxt of —
said building shall be less than seventy-six (76) feet from the center
line of an established� improved thirty-three (33) foot right-of-way�
as measured from back of curb to back of curb. —
Each principal building shall have a si@e yard on each side� the total
width of both side yards to be not less than sixty (60). feet� with a —
minimum aide yard on either side of fifteen (15) feet.
Each principal building shall have a rear yard of not less than fifty —
(50) feet in depth.
Each building site in the �'I-1�� Distxict sha11 have a minimum street "'
frontage of one hundred fifty (150) feet.
No building shall be erected in the "S-1" District in excess of thirty "
(30) feet f`rom the grade line.
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2. Use: No building in the '�I-1" District, which, taken together in area
„ � its accessory buildings� shall occupy more than forty (�.0) percent
of the lot or tract provided.
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F. '�I-2" - Two Acre Minimum Industrial Park Tract:
1. Area Re ulations: No building site in the "I-2" Industrial Paxk District
� s �e ess an two acres overall. No building� or any pa.rt thereof,,
shall be hereafter erected, altered or relocated so that any part of �
sa.i.d building shall be less than seventy-six (76) feet fram the center
_ line of an established� improved thirty-three (33) foot right-of-way� as
measured from back of curb to back of curb.
_ Each principal building sha11 have a side yard on each side the total
width of both side yaxds to be not less than si.xty-five (65j feet� with
a m3nimiun side yard on either side of fifteen (15) feet.
Each principal building shall have a rear yard of not less than fifty
(50) feet in depth.
_.
Each building site in the '�I-2" District shall hav+e a minimum street
frontage of one hundred sixty (160) feet.
No building sha11 be erected in �h.e ��I-2" District in excess of thirty-
five (35) feet from the grade line.
2. Use: No building in the "I-2" District� which, taken together in area
with its accessory buildings� shaZl occupy more than forty (1t0) percent
:
of the lot or tract provided.
G. "I-3rt - Three Acre Minimum Industrial Park Tract:
1. Area Regulations: No building site in the '�I-3" Industrial Park District
sh e less than three acres overall. No building� or ax�y part there-
,_ of, shall be hereafter erected� altered or relocated so that any part of
said bizilding shall be less than one hundred fifty (150) feet from the
center line of Illinois State Routes 31 and 120, and the Crystal Lake
_, Road, and less than seventy-six (76) feet from the center line of an
established� improved thirty-three (33) foot right-of-way� as measured
from back of curb to back of curb.
Each principal building sha].l have a side yard on each side� the total
width of both side yards to be not less t,han seventy-five (75) feet�
.�
w.i.th a minimum side yard on either side of twenty (20) feet.
Each principal building shal.l have a rear yaxd of not less than fifty
� (50) feet in depth.
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�
Each building site in the '�I-3" District sha11 have a minimum street —
frontage of two hundred (200) feet. �
No building shall be erected in the "I-3" District i.n excess of forty —
(40) feet from the grade line.
2. Uae: No building in the "2-3" District� which� taken together i:n area —
�h its accessory buildings� shall occupy more than forty (1t0). percent
of the lot or tract provided. _
H. Parking Re�u_l_a_t_ions: In all Districts establi.shed by t�his Article there shall
e provi.de�arking area which aha11 contain not less than one hundred _
(100) square feet of space for each employee, and an additiona.l. five hundred
(500) aquare feet for visitors. No portion of arry set back shall be utilized
for parking� but the parking of passenger vehicles aha11 be permitted in any _
side yaxd or rear yard.
I. Area Development Requirements:
].. Every 2ndustrial District area development as set forth in thie Article�
in those areas such as are designated on the Zoning Map of the City of
McHenry, shall be consistent with the purposes and intent of the Article —
and shall be laid out and developed as comprehensiv�e units and fully
integrated with the Plan, all of which shall be approved and authorized
by the City Council. —
2. Street improvement a�nd�re ul_ationss All class3fications of Industrial
gar c�TS'is��ric��all�e c�evelope3�in accordance with a plan which shall —
be submitted to the City Council for approval prior to the improvement of
any portion of the industrially-classified area.
The proposed plan shall provide for streets having a right-of-way width
of thirty-three (33) feet from back of curb to back of curb. The entire
right-of way between inside of curbs shall be improved by ei ht (6)
inches of water-bound Macadam base and two and one-half (2-1�'2) inches
of I-2 bituminous concrete surface. The curbs sha11 be of the A-1t type.
The plan shall also provide for an easement ten (10) feet 3.n width on
each side of each roadway in the area proposed to be developed. This
easement shall be in favor of the City of McHenry and the terms of the —
grant in easement shall be such as to permit the use of each or bot,h
ten (10) foot easements by the City for installation of wa�er mains�
storm sewer drains� sanitary sewer drains� utility lines� sidewalks� or —
other municipal purposes as shall be deemed necessary by the C3.ty of
McHenry.
3. Par�d.ng on streets: No parking� at any time, or for any duration� shall
�3a
be permitted on the improved streets within ar�y Industrial Park
_ District.
!�. Driveways and Parldn Areas: AIl driveways and parking axeas shall be
_ cons ruc e of ar surface pav�.ng materials� either bituminous or
better, to be laid upon gravel of not less than four (�,) inches i.n
depth.
5. Approval of P1an: Any plan of development of an Industrial Park area
whic sha 1 be submitted to the City Council and shall indicate develop..
_ ment and improvement in accordance with the terms of this Article shall
be accepted by the Council� and such acceptance and approval shall be
indicated by the signature of the N�ror affixed to said plan.
ARTICLE XN. ��I-1�" HEAVY IlVDUSTRIAL DISTRICT.
A. Purpose: The "I-I�" Heavy Industrial District is designed primari].y to permit
acm n strative, industrial, and other related activities� which do not in
_ any way detract from the charac;ter of the City and which are not permitted
in the Industrial Park District and to restrict such activities to an area
of law-lying terrain located adjacent to heavily traveled transporta.tion
_, routes but in proximity to residential areas. Al1 of the following re-
strictions are imposed to protect and foster the aforementioned residenti al
character of the City.
B. Standards: All buildings, structures and uses in the ��I�4" Heavy Industrial
istric shall comply with the following regulations:
1. No building shall be used for residential purposes.
_ 2, No retail sales or services shall be permitted� except as incidental to
a principal and permitted use.
_ 3. No noise from the operations (other than that emanating from vehicular
traffic) either continuous or intermittent shall be detectable at the
boundary line of any Residence District.
?�. No toxic matter, noxious matter� smoke or gas� and no odorous or
particulate matter detectable beyond the lot lines shall be emitted.
5. No vibrations shall be detectable beyond the lot lines.
_ 6. No glaxe or heat shall be detectable beyond the lot lines.
7. Exterior lighting fixtures shall be shaded wherever necessary to avoid
_ casting direct li�t upon ar�y Residence 1}istrict or into public streets
_ ..31..
or parks.
8. The storage or use of chemicals� either solid� liquid or gas shall be _
sub�ect to the fo7.l.owing conditions:
(a) The storage, utilization or manufacture of materials or products _
ranging from incombustible to moderate burning is permitted.
(b) The storage,, utilization or manufacture of materials ranging from _
free to active burning and flatrm�a.ble materials which produce ex-
plosive vapors or gasea is permitted, provided the following con-
� dition is met: Said ma.terials or products shall be stored� uti-
lized or manufactured within completely enclosed buildings having —
incombustible exterior walls and protected throughout by an auto-
matic fire extinguishing system� all in accordance with accepted _
best practices of the National Boaxd of Fire UnderwriterB.
9. All premi.ses shal]. be furnished with a11-weather surface walks; and�
except for parking areas� grounds shall be planted and landscaped. —
10. All operation and production activities shall be conducted or maintained _
wholly inside an enclosed building. Where open storage is used� the
area should be effectively soreened from view by a decorative solid
wa11 or fence� or dense evergreen planting of sufficient height to block
out the view of the storage area f`rom ar�y public street� park or Resi- "'
dential District. No open storage sha11 be permitted within sixty (60)
feet of an ad3oining Residential District or public paxk. _
C. Permitted Uses: Permitted uses witliin t�he ��I-�t" Heavy Industrial District
are:
1. Contractorta plant� including storage yards.
2. Building material and fuel yaxds. -'
3, Feed, flour and grain storage. _
4. Warehouse and storage plants.
5. Bulk oil. and gasoline storage. —
6. Auto dismantling and storage of �unk. _
7. Manufacturing plants.
8. Other industrial and manufacturing uses meeting all requirements of this —
and all applicable ordinances.
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9. Special uses, sub�ect to the provlsions of Article XV.
D. Height: No building sha11 hereafter be erected or altered to exceed thirty
��eet in height.
E. A�rea�Re ulations: No building site in the "I-1�" Heavy Industrial District
s�all�6e ess an one (1) acre overall. No building� or any part thereof�
_ shall be hereafter erected� altered, or relocated so that ar�y part of said
building shall be less than fifty-seven (57) feet from the center line of
an established thirty-three (33) foot right-of-way, as measured from back of
_ curb to back of curb, or forty (�.0) feet from the right-of way line of any
other type of roadway. No ��I-l��� Heavy Industrial District tract sha11 be�
located so as to front upon Illinois State Routes 120 and 31, or Crystal
_ Lake road.
Each principal building shall have a side yard on each side� the total width
_ of both side yards to be not less td�.an. fifty (50) feet� with a minimum side
yard on either side of fifteen (15) feet.
Each principal building shall have a reax yaxd of not less �han twenty-five
(25) feet in depth.
Fach building site in the "I-!a'� Heavy Industrial District shall have a
minimum street frontage of one hundred fifty (150) feet.
_ F. Intensity of Tract Use: No building in the "I-�!�" Heavy Industrial District�
w ic � aken toge er in area with its accessory buildings� shall occupy
more than fifty-five (55�) percent of t�he lot or tract provided.
TnJhere a tract is improved with an e.xi.sting building or structure� the
structure or builcli.ng shall not be deemed to be non-conforming unless it
` occupies in excess of seventy-five (75�) percent of the tract, and any such
e�c.isting structure or building may be enlarged and additional builclings m�y
be erected� provided such addition shall not, when added to the existing
building or structure, occupy more than sev�enty-five (75�) percent of the
tract.
_ G. Parldng Re lations: Each Heavy Industrial District site shall provide a
parfing area w ic shall contain not less t�han one hundred (100) square feet
of space for each employee. If the location of the site shall be on a
thirty-three (33) foot improved roadway� as provided in the Industrial Park
District� the provisions in regaxd to such roadway and establishment of
easements shall app],y. If the site shall front upon any other permitted
roadway� local regulations as to parking shall control in such areas.
� �33~
�
ARTICLE XV. SPECIAL U�ES.
A. Purpose: The development and execution of a corrtprehensive zoni.ng ordinance _
s ased upon �k,he division of the City into districts within which districts
the use of land and buildings and the bulk and location of buildings and
structures in relation to the land are substantially uniform. It is recog-
nized� hawever, that there are special uses which� because of their unique -'
characteristics, cannot be properly classified in any particular distri.ct or
districts, without consideration, in each case, of the impact of those uses
upon neighboring land and og the public need for t�he particular use at the -'
paxticular location. Such special uses are uses either municipally operated�
or operated by publicly regulated utilities or uses traditionally affected _
with a public interest and they are herewit�h designated as follawe:
Airport� landing field� or landing strip. _
Areas for the dumping or disposa7. of trash or gaxbage.
Bus terminal� railroad passenger station, or ar�y other transportation —
terminal facilities.
Cemeteries� Crematories or Mausolewns. —
�ctraction of gravel� sand or other raw materials• _
Hospitals or sanitariums.
Nursery schools, day nurseries� and child care oenters� provided there —
is a mini.mum of one hundred (100) square feet of outdoor play area
for each child to be cared for� and that the play area is fenced
and screened with planting frarn ar�y ad3oining lot in any '�R�� Distri.ct. "
Nursing or rest harne; orphanages� hames for aged.
Privately owned recreation building or community center.
. Private park or playground. —
Fublic utility facilities� i.e.� filtration plant or pumping station�
heat ar pawer plant, trans�`ormer station and other sim�.lar faci]3- —
ties.
Commercial radio and television transmitting� or antenna tawers and other —
electronic equipment requiring outdoor towers and inc].uding aizzt,enna
tawers for the dispatching of private messages.
Railroad right-of-way.
_3t�-
B. A lication for Special Use Permit: Applications for Special Use permits
_ s e n e same orm as ose filed for variations and amendments to
this ordinance� and alI procedures shall be as herein set forth in regard
to such hearings and findings.
C. Standardsi Special uses shall be authorized by the City Council� provided
a�i t a public hearing concerning such request for special use permit sha11
., first be held by the Zoning Board of Appeals in proper form, and, the recom-
mendation of the Zoning Board of Appeals and the City Cour_cil� in order to
approve the special use permit requested� shall find that
(a) the special use will not cause substantial in�ury to the value of
other property in the neighborhood in which it is to be located;
�
(b) the location and size of the special use, the nature and intensity
of the operation involved in or conducted in connection with it�
_ the size of the site in relation to it� and the location of the
site with respect to streets giving access to it� shal.l be such
that it will be in harmorXy with the appropriate and order],y develop-
_, ment of the district in which it is to be located;
(c) the location� nature and height of buildings,, walls and fences� and
_ the nature and extent of the landscaping on the site shall be auch
that the use will not hinder or discourage the apprapriate develop-
ment and use of ad�acent land and buildings, or wi11 not impair the
_ value thereof;
(d) parking areas shall be of adequate size for the particular use,
_ properly located, and sUitably screened from ad�oining res�.dential
uses, and the entrance and exit dri.ves shall be laid out so ae to
prevent traffic hazards and nuisances, �
D. Conditions: The Zoning Board of Appeals may recommend and the City Council
may pro e such conditions or restrictions upon the construction� location
_, and operation of a apecial use� includin� but not limited to provisions for
off-street parking and loading� as shall be deemed necessary to secure the
general ob�ectiv+es of this ordinanee and to reduce in3ury to the value oP
property in the neighborhood.
_ ARTICLE XVI. OFF-STREET PARKING AND ?AADINa.
A. Off-Street Parking: For the purpose of t�his Article� one hundred eighty
_ ZI$�5J`square�`ee�of lot or floor axea, which has a means of ingress or
egress from an alley or street, shall be deemed parking space for one
vehicle. Such space shall not occupy any part of an,p required front yard�
_ but where open may be included as part of a required open space for aide or
_ -35-
reax yard, as provided in the district regul.ations. On corner or throu�i —
lots� parking space may not be included as part of requ:i.red yards lying ad-
3acent to either street. Such parld.ng spaces and access driveways� re-
quired in non-residential districts� when used in compliance with the pro- "
visions of this ordinance, shall be paved or otherwise surfaced with an all-
weather� dust-proof material. That part of the driveway connecting from the
curb line to the property line shall be paved with concrete or asphaltic —
ma.terial9 to the satisfaction of the City.
Paxking areas serving non-residential. uses of property sha11 be hard. surfaced —
and graded so as to drain off all surface water to storm sewer inlets. When
such parking areas or lots abut upon adjacent residential properties� t1�.ere
shall be provided a wall or solid screen planting of appropriate shrubs to a "
height of not less than four (l�) feet� along the entire boundary� common to
both the residential and parl�ng areas. Walls or solid screen planting to a
height of not less than four (1�) feet shall also be placed along the street —
line where a parking lot abuts upon a street which provides access to ad�a-
cent residential properties. Lights used to illuminate such parking lots
shall be so arranged as to reflect li�ting away from the ad�oining premises '"
in the residential district. Such parking spaces shall be reserved for the
sole use of the occupants of the bua.lding or lots, their customers, and the
visitors thereto. Churches, theaters� stadiums, auditoriums, and other —
places of assembly may make arrangements for �oint use of parking spaces as
hereinafter specified.
In any district, except as noted below� every building built� or structurally
altered, enlarged or increased in capacity� and every land use initiated
subsequent to the adoption of this Article shall be provided wit.h minimum —
off-street parking facilities as follaws:
1. One (1) fami.ly dwelling and multiple family dwellings: One parking —
space f or each dwelling unit.
2. Tourist Courts Motels Hotels Rooming Houses and Fraternal Iiomes: —
ne par ng space or eac gues s eeping room.
3. Hospitals: One parking space for each three (3) hospital beds. —
!�. Tourist Homes: One parking space for each transient sleeping roam offered
or ouris �accommodation in addition to parldng spaces required for —
permanent residents of the building.
5. Churches Auditoriums Gymnasiums Stadiums Theaters and other places —
of public or private assembl with. fi.xed sea s: e paxldng space or
each three 3 sea s or bench sea �.n.g spaces, based upon maximum seating
capacity. —
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For t,he purpose of this type of use� parld.ng spacee already provided to
_ meet off-street parldng requirements for stores� office buildings and
industrial establishments, or off-street paxking facilities provided by
the municipality, lying within three hundred (300) feet of the place of
_ public assembly a� measured along 1.ines of public access, and that are
not normally in use between t,he hours of 6:00 P.M. and midnight� and are
made available for other parktng� may be used to meet up to aeventy-fiv�e
�, (75) percent of the total requirements of parking space for places of
public assembly.
, 6. Dance HaZls Bowlin All s and Private Clubs: Orie paxking spaae for
eac wo un e squaxe ee o oor area, to be provided on the
premises or within three hundred (300) feet of the entrance•
�
7. Funeral Homes: Fifteen (15) parking spaces on the premises� plus five
�`�spaces or each area which can be used as a paxlor.
8. Stores and Other Retail Establishments Where Such Uses are Parmitted:
e par ng space or eac wo un e square ee o s ore space�
to be provided on the premises or within three hundred (300) feet of the
entrances, or in con3unction with a plan of parking approved by t,he Plan
Commission, and off the street, except that restaurants or establishmenta
! whose primary use is to serve meals and refreahinents to patrons shall
provide one parking space for each one hundred (100) square feet of floor
space in the building.
9. Wholesale and Distributin Establishments includin Telephone E�tchan es:
e par ng space or ea wo emp oyees.
10. Manufacturin and Non-retail Commercial Establishments: Five (�) parking
spaces an , n a �. ion, one pax ng space or eac wo (2) persons
_ employed at ar�y one time or shift. Parking space shall be on the same
premises or at other off-street locations within one thousand (1�000)
feet of the entrance to the principal building.
Parking space required under thia Article shall be increased ur reduced at
a time when the capacity or use of a building is changed in such a manner
_ that a new use or capacity would require. Such reductions may not be belaw
the standards aet forth in the Article. •
_ Loading or unloading areas ahall not be considered as parking areas.
The �oint use of parking facilities may be permitted in cases where ma�or
_ parking demands occur on different days of the week or during diffsrent
hours� provided (1) that parking spaces wi11 be availa.ble for each use in
accordance with the above standards, and (2) that the awners agree in
_ writing and record that any subsequent sale or division of the property or
_ -3?-
change in use thereof will not interfere with t�he joint use of the pax�ing �"
facilities.
A plan of parking facilities shall accompany each application for a Building —
Permit or Certificate of Compliance. The completion of the improvements for
parl�ng according to such plan shall be a requisite for the validity of t,he _
Permit or Certificate.
The City Council may authorize a special permit to allow a parking lot in an _
adjacent zoning district for the purpose of ineeting the requirements of this
Article, subject to the following limitations:
l. Public notice must be given and a public hearing held by the Zoning Board —
of Appeals on the request for a special permit in the same manner in
which said notice is given and such hearing is held on a req�est for a _
variance.
2. Notice must be given by registered mail to all owners of property lying _
within three hundred (300) feet of the land for which the special permit
is sought.
3. A special permit shall not be granted unless the application shows and —
warrants that in the proposed development of the par�d.ng axea, front and
side yards will be met and ma.intained� and that the area will be improved _
as required in this Article.
B. Off-Street Loadin Facilities: On the same lot with every bui.lding or part
thereof� erectec� erea ter to be used for other than exclusive dwelling —
purposes, or as an accessory use for dwelling purposes, there sha]1 be pro-
vided on the lot adequate space for motor vehicles to load and unload in
order to avoid interference with the public use of streets or alleys. Such —
space, unless otherwise adequately provided for� shall include a ten (10)
foot by twenty-five (25) foot loaclin� space, with fifteen (15) feet height _
clearance� and a minimum of one such space shall be provided for each
structure in the Industrial Park District and '�T-1�" Heavy Industrial
District. _
ARTICLE XVII. ACCESSORY BUILDINGS.
Accessory Buildings, except as otherwi.se permitted in this ordinance� shall be
su 7ec o e o owing regulations: _
l. Where an accessory building is structurally attached to main bui.lding� it
shall be sub3ect to, and must conform to a11 regulations of this ordinance
applicable to the mai.n bui.lding. , —
—
..3a..
—
2. An accessory building may not be ].ocated nearer than three (3) feet to
_ a�y interior lot line and not neaxer than five (5) feet to the rear lot
line.
_ 3. No detached aecessory buildinp shall be located closer than ten (10)
feet of any ma.in building.
� 1�. An accessory building shall not be erected prior to the establishment or
construction of the principal use of building.
_ 5. No accessory building shall be located within the required front yard.
_ ARTICLE XVIII. SIGNS.
A. ArYy publicly displayed sign, symbol or notice on a premise to advertise the
.. business there transacted� or name of person or firm conducting said business
on premises or directing to some other locale� shall be regulated as follows:
.., 1. In ��R�� Districts the followi.ng signs shall be permitteds
(a) For each dwelling unit� one unlighted name plate not exceeding
_ one (1) square foot in area, indicating name of occupant.
(b) For a structure ot�ier than a dwelling unit� one identification
_ sign not exceeding ten (10) squa.re feet� except a church bulletin
board which wil7. not exceed eighteen (18) square feet•
_, (c) For purpose of orienta.tion directional signs when established by
City, not exceeding two (2j squa.re feet.
_ 2. Tn the �tB" Districts the following signs sha11 be permitted:
(a) One (1) sign per building and displayed flat against the wall for
_ each business occupying that building.
(b) Directional signs permitted as in "R" District.
(c) There shall also be permitted one sign, not attached to the
building, the highest point of which sha11 not be more than
�, twenty-five (25) feet above ground and the area of which shall
not exceed twenty-five (25) square feet� provided� all such signs
shall be set back not less than twenty-five (25) feet from the
_ front lot line and no sign so erected shall relate to a business
other than that conducted on the premises. (Subject to use of
signs as permitted in ?� (a) of this Article.)
_ -39-
3, In "I'� Districts, the following signs shall be permitted: —
(a) One sign identifying tlie building or building complex. _
(b) Directional signs perm3.tted as in '�R'� District.
t�. The following regulations shall apply to the "B" and nI'� Diatricta: '—
(a) No sign shall be located on a�ny lot prior to the cammencement of
construction of a pr3ncipal building on said lot� except t�at one —
sign not exceeding forty (1�0) square feet in area may be located on
a vacant lot solely for the purpose aP advertising the premise$ on
which the sign is located for sale or rent� and not more than two —
(2) signs etating names of architect or contractor msy be located
on the premises only during construction.
(b) Except as provided in paragraph (a) hereof, no eign sha11 relate to
a business other than t�hat canducted on the prendses.
(c) The total area of all signs on any lot� including all exposed sides�
sha11 not exceed three (3) times 'r2ie number of lineal feet of
frontage of the principal building Zocated on the lot. A principal —
building on a corner lot shall be deemed to have a frontage equal
to the len�th of thoae sides of such building which abut a street.
{d) No sign ahall extend beyond t�he peak of the roof line of the bui.lding
to which it is attached.
(e) All aigns shall be atta.ched to the principal building except that
there shall be permitted in the nI�� D3stricta not more than thres
(3) directional signs, or signs showing on7,y the name of the —
businese, none of which shall exceed twelve (12) feet 3.n height
from the ground and the aggregate area of all such aigns shall not
exceed fifty (50) aquare feet. —
(f) No sign attached to a building or structure shall pro�ect more than
eighteen (18) inches from the face of the wall of a�y building or —
atructure.
(g) _C�_a__n�o�i__e�s: No canopies shall be constructed with a clearance of —
es�s�ian eight (8) feet. Interior illuminated signs are permitted
under such canopies provided they ehall be installed or hung i.n guch
a manner as to permit a minimum clearance of aeven (7) feet Yrom --
the walkway.
No sign inatalled under a canopy shall be of the fla8hing or —
blinking type.
-t,.a
�
(h) Existing signs in all ��B'� and ��I�� Districts which are noncon-
_ forming under the terms of this Article shall not be permitted
further maintenance, rehabilitation� or repair� except that the
replacement of neon tubing or light bulbs shall be permitted.
—
ARTICLE XIX. PLANNED RESIDENTIA.L DEVELOPN.C�ITS.
The City Council may authorize� by ordinance, after a public hearing and a
report by the Zoning Board of Appeals held and made in the manner provided for
_ amendments herein, the location and development in the "R-1" and '�R-2" Resi-
dential Districts of a planned residential development of single-family
dwellings� on not less than forty (L�0) acres of land, and provided that:
Every development under this Article be consistent with the purpose anc3 �
intent of this ordinance� and shall be laid out and developed as a unit
in accordance with an integrated over-all design, as approved and author-
ized by the City Council.
_ l. The buildings shall be used only for single-family dwellings and
permitted accessory uses� such as garages� storage space� and pro�ect
activities.
2. The specific requirements of this ordinance for intensity of land use
for the designated residentiaZ use district in which the development �
—
is located shall be maintained.
3. All other sections of this ordinance may, by specific mention� be
varied in whole or in part for ar�y Planned Residential Development
under the terms of this section.
_ !�. However� in no case shall the allowable lot area, width or yards
requirements in the residential use district be reduced to less than
the corresponding requirements in the next less restricted residential
_ use district, but in no case less than ten thousand (10�000) square
feet.
_ 5. Where a reduction of lot area is allowed within the limits above� an
area equal in aggregate area to not less than the sum of such axea
reduction in all lots shall be either set aside as common land to be
_ used by owners of homes in the development, or may be added to the
public lands, provided dedication is accepted by the City.
6. In determining t,he total number of lots which ma.y be created under the
— terms of this section in accordance with the intensity of use provided
by the designated use district� the land available for development
_ (which shall not include any easement for utilities or access� or pro-
»G.1,..
^
v3eion for flood. Watera) shall be reduced by twenty (20) percent and the —
remainder shall be divided by the minimum lot axea of t.he desig,nated use
di.strict in which the development is located. The result3ng figure�
reduced to the cloaeet smaller whole number� shall be the �eatest —
number of lots developable under the terms of this section.
?. Each proposed lot must have at least fifteen (15) percent of ite periphery "'
bounded by the common open area or de�.i.cated lands. Lots may face each
other across streets, but may not back up to each other. The av�erage
minimum width of ar�y continuous open space ahall be not less than fifty —
(50) feet. All open spaaee sha17. be directly accessible to a publi.c
street or a public axea having acceas to a public street.
8. In addition� the arrangement and use of the common land or land to be
dedicated to the City and the method of maintenance of ar�r conunon land
ahall be sub�ect to approval by the Plan Commiasion and City Council be- —
fore the provisions of this section apply.
ARTICLE XX. NON-CONFORMING USES.
.�
Ar�y building or structure, or use of any building or structure or tract of land� —
lawf�i7.],y existing or under construction at the time of the adoption of this ordi-
nance� or of a later amendment, but which does not conform with the requirsment�e
of this ordinance� sha11 be lmawn as a non-conforming use and may remain and tha —
use then being made thereof may be contirnzed,
However, aray enlargement� alteration, relocation or ahange i.n use of such a —
building, structure� or tract of land, can be continued only as hereafter pro-
vided.
A non-conforming use occup3ring a part of a building or structure may be extended
throug2�iout i�,hat part of the building or structure originally designed for such
use� or throughout the entire building or stru,cture if of uniYorm design� but in —
no case shall an addition be made which will provide for the expansion of the
non-conforming use.
A non-conforming use of land shall not be expanded beyond the area actually $o
uaed at the time of the passage of this ordinance, or of a later amendment cre-
ating the non-conforming use. —
Discontinuance: Any non-conforming use of a building� structure, or land which
is discontinued for a period of six months or more shall not be continued again —
and an�y further use thereof shall be in conformity with the provieions of this
ordinanee.
Ar�y building or structure devoted to a nan-conforndng use which may be deetroyed
.�,2�
or damaged by fire or otherwise to the extent of fifty (�0) percent or more of
its fu11 assessed value sha11 not be repaired or rebuilt, nor shall another
— building or structure be erected on the premises except in conformity with the
provisions of this ordinance.
Change: A non-conforming use ma.y not be chan�ged except to a conforming use. A
building which conforms as to use but does not conform as to height� lot area or
_ yards may be altered or enlarged provided the alteration or enlargement does not
itse7.f encroach or further encroach upon a required yaxd nor does not exceed or
further exceed the maximum height requirement. No such additions or enlargement
_ shall reduce the lot area per dwelling unit below the minimum required for each
multiple and two-family dwelling unit.
Repairs: So long as a building or structure is used or is eligible for use in
� a non-conforming manner only ordinary repairs and maintenance� including re-
placement of the roof covering� shall be permitted.
� In no case shall such repaa.rs include structural alterations� veneering of the
outer walls, or other work which will extend appreciably the normal life of the
�
building.
Records: The enforcing officer shall make and keep a record� including photo-
� graphs of all buildings, structures� and land uses which do not conform to the
use regulation of the district in which they are located.
— ARTICLE XXI. ADMINISTRATION.
_ A. Statement of Purpose: The administration of this ordinance and the pro-
ga on o i s purpose are hereby vested in four (!�) offices of the City
of McHenry as follaws:
'I'he Office of the City Building Commi.ssioner.
The Zoning Boaxd. of Appeals.
The Plan Commission.
— The City Council.
..
B. Office of the City Building Cammissioner:
].. Duties: The Building Commissioner or his duly designated and acting
epu shall enforce this ordinance, and in addition thereto and in
— furtherance of sa.id authority he shall:
_ (a) issue all building permits and ma.ke and maintain records thereof;
(b) issue all occupancy certificates and make and maintain record.s
thereof;
—lt3-
(c) conduct inspections of buildings, atructures, and uses of land to —
determine compliance with the terms of this zoning ordinance;
(d) maintain permanent and current records of the zoning ordinance� —
including, but not limited to� all maps� amendments and special •
uses, variations, appeals and applications therefor and records of
hearinga thereon; —
(e) prepare and cause to be published on or before March 31 of each
year a map showing the existing zoning uses� divisions, restrictions, —
regulations and classifications in effect on the preceding
December 31;
(f) receive� file and forward to the Zoning Board of Appeals for action
a11 applications for variations� special uses, amendments� and the
records in all appeals; and —
(g) provide such clerical and technical assistance as may be req,uired
by the Zoning Board of Appeals in the exercise of its duties. —
2. Zonin� Certificates: bccept as hereinafter provided,, no Building Pex7nit
pe�ining o e use of land or buildings shaZl be issued by ar�y —
employee of this City unless the application far such permit has been
examined by the Building Conanissioner and has affixed to it or stamped
thereon a certificate of the Office of the Building Commiesioner that the —
proposed building or structure complies with all the provisions of �this
ordinance. An�y permit or occupancy certificate iasued in confl3ct with
the provisions of t,hia ordinance shall be null and void. —
Every application for a Building Permit for a building in the Industrial
Paxk District or ��I-lt�� Heavy Industrial District shall have affixed to it —
the certificate of an architect or registered professional engineer
licensed by the State of Il.linois stating that in his opinion the
building or structure and the proposed use thereof comply with all the —
provisions of this ordinanae. Within twenty (20) days after the receipt
of such app].ications, with the aioreaaid certificate attached thereto�
the Building Commissioner shall affix a Zoriing Certificate to the —
Building Permit provided a11 relevant provisions of this ordinance are
complied with, or the Building Com�nl.ssioner shall reftii�e to issue a
Zoning Certificate and shall advise the applicant i.n writing as to the -�
reasons for said refusal.
3. P1ats: Every application for a Building Permit shall be accompanied by —
a p at� in duplicate� of the piece or parcel of land� lot� lotss block
or blocks� or parts or portions thereof� drawn to scale shawing the
actual dimensions of the piece or parcel� lot� lots� blook or blocks or —
parts or portions thereof, according to the registered or recorded plot
���
of such land; and said plat shall further shaw the grovnd area� height�
_ and bulk of the building or structure, the building lines in relation
to lot lines� the use to be made of the building or structure or land�
and such other information as may be required by the Building Com-
_ missioner for the proper enforcement of this ordinance.
�.. Occupancy Certificates: No building, or addition thereto� constructed
a ter e e ec ive ate of this ordinance and no addition to a previ-
ously existing building shall be occupied, and no land vacant on the
effective date of t,his ordinance shall be used for any purpose� until
_ an occupancy certificate has been issued by the Office of t,he Building
Commissioner. No change in a use in.the ��B" or ��I" I}istricts sha11 be
made until an occupancy certificate has been issued by the Office of the
Building Commissioner. Ev�ery occupancy certificate shall state that the
use of occupancy complies with all the provisions of this orclinance.
_ 5. Application for Occupancy Certificate: Every application for a building
permi sha be eeme to be an app ication for an occupancy certificate.
Every application for an occupancy certificate for a new or changed use
� of land where no building permit is required shall be made directly to
t.he Office of Building Corr¢ni.ssioner.
6. Issuance of Occupancy Certificate: No occupancy certificate for a
� ui ding or a t on ereto� constructed after the effective date of
this ordinance, shall be iasued until construction has been completed
_ and the premises inspected and certified by the Office of the Building
Commissioner to be in conformi.ty with the plans and specifications upon
which the zoning certificate was based. No addition to a previously
�„ existing building shall be occupied in any District, and no new use of
a building in ar�y ��B'� or ��I�� District� shall be established until the
premises have been inspected and certified by the Office of the Building
Commissioner to be in compliance with all the applicable standards of
the zoning district in which it is located. Pending the issuance of a
regular certificate, a temporary certificate may be issued to be valid
�„ for a period not to exceed six (b) months from its date during the
completion of ar�y addition or during partial occupancy of the premises.
An occupancy certificate shall be issued� or written notice shall be
given to the applicant stating the reasons why a certificate cannot be
issued, not later than fourteen (7.l,�) days after the Office of the
Building Commissioner is notif'i.ed in writing that the building or
—
premises is ready for occupancy.
C. The Zoning Board of Appeals:
l. Creation and Members,�hi,�: A Zonin� Board of Appeals is hereby authorized
o e es a ' is e . The word "Board" when used in this Section sha11 be
_ construed to mean the Zoning Board of Appeals.
��5w
(a} �e said Board shall consist of asven (7) membere appointed by the —
Ma,yor of the City of McHenry by and with the consent of t�he City
Council.
(b) The members of said Board shall serve respectival,y for the follo�ring
terms, or until their respectio+e aueceasors are appointed and quali-
fied: —
One for two years.
Two for t�hree years. —
�ao for four years.
'I�ao for five years.
for the first seven (7) appointed� and fiv+e (5) years each for those
following the firet seven (7) appointed.
(c) Orie of the members oP said Board sha11 be designated by the Ma.yor as
chairman of said Board and shall hold his said off3.ce as chairman
until his successor is appointed. The ahaiz�ma�n shall conduct all —
meetings of the Boaxd, but, 3.n case of his ab�ence, the attending
members shall delegate one of �the meir�bers present to serv�e ae acting
chairman. —
(d) The Mayor shall have the pawer to remove ar�y m�nber of sa.id Board
for cause and after a public hearing. —
(e) Vacancies upon the Board sha11 be filled for the unexpired term of
the member whose place has become vacant in the same manner herein —
provided for the appointment oP such member.
(f) The membera of the Zoning Board of Appeals shall serva without —
salary.
2. Juri$diction: The Board shall hear and decide appeals from and review —
ar�y or3er`, `requirement, decision� or determination made by t�he adminis-
, trativ�e office charged with the enforcement of this ordinance. It shall
also hear and decide all matter� referred to it or upon which it ie —
required to act under t,h�.a ordinance•
The concurring vote of five (5) members of the Board shall be necessaxy —
to reverse ax�r order, requirement� decisioa or determixiation of ax�y such
administrative offYcial� or to decide in favor of the applicant ar�
matter upon which it is required to pass under tdlis ordinarice� or to —
effect any variation in this ordinance•
3. Petitions: All petitions for hearinge held in aecordance wi.th the pro- —
vis� i`on`s of this ordinance shall be filed with t�e office of the Building
-1t6�
Commissioner. The petitions shall conform to the information re-
_ quirements as established by this ordinance and as the Board may� from
time to time� by rule provide. Zne Boaxd shall set a hearing date which
shall be not more than sixty (60) days after the filing of the petition.
� A notice of the heaxing shall be published at least once, not more t�han
thirty (30) nor less than fifteen (15) days before the said hearing
date, in one or more newspapers with a general circulation within the
_ City of McHenry. The petitioner shall provide the notice� which shall
contain information as provided by rule of the Boaxd. The Board may
supplement such published notice by additional form, or forms� of notice
_ as it may by rule provide.
I�. Decisions of the Board: The Board shall have the power of recommenda-
ion o y, suc recommendations to include findings in accordance with
the provisions of this ordinance and to be submitted to the City Council
for final action in such form and at such times as are provided by rule
—
in this ordinance.
No amendments of the regulations of this ordinance� or variation of the
,_ requirements of this ordinance, or permit for special uses� sha11 be
made or given except after a hearing before the Zoning Board of Appeals.
In the event the report of the Zoning Board of Appeals does not recom-
mend passage of the proposed amendment, granting of the vaxiation,, or
issuance of the special use permit, a favorable vote of two-thirds (2/3)
of all members of the City Council shall be required to reverse such
w
recommendation.
In the event a written protest against the proposed amendment� variation
— or speeial use permit, is filed �th the City Clerk prior to the voting
upon the recommendation of the Zoning Board of Appeals by the said City
Council, and provided that t,he written protest is signed and acknowledged
— by the owners of twenty (20) percent of the frontage immediately ad.join-
ing or across an alley therefram, or by the owners of twenty (20) percent
of the fronta e directly opposite the frontage proposed to be altered� a
'- two-thirds (2�3) vote of all the members of the City Council shall be
required to effect passage of the amendment� granting of the variation�
or issuance of the special use permi.t.
The powers granted the Boaxd in this ordinance ma.y� from time to time�
be altered, enlarged, or restricted� as the City Council may� from time
to time� determine and effect by orclinance.
_ 5. Meetings and Rules:
(a) All meetings of t,he Board shall be held at the call of the chairman
and at such times as such chairman shall determi.ne.
—l�7—
(b) All meetings of the Boaxd sha11 be open to the public. —
(c) The chairman� or in his absence� the acting chairman� shall adminis-
. ter oaths to those testifyi.ng� and may compel tYie attendance of —
witnesses through the use of the �ubpoena.
(d) Any person may appear and testify at a hearing� and it is not neces- —
sary such persons be represented by an attorney. All testimony
given shall be under oat,h.
(e) The Board shall keep minutes of its proceedings� shawi.ng the vote
of each member upon each question� or if absent or failing to vote�
indicat�.ng such fact� and sha11 also keep records of its hearings —
and other official actions.
(f) E�rery rule or regulation� every amendment or repeal t,hereof, and —
every order, requirement, decision, or determination of the Boaxd
shall be filed in the office of t,he Building Commissioner and shall
be a public record. —
(g) The Board shall adopt its awn rules of procedure� not in conflict
with this ordinance, or in conflict with the applicable Illinois —
statutes.
(h) The Ci�y Council shall provide such secretarial� 1ega1' or adminis- —
trative assistance as shall be necessary, in the opinion of the
Council to permit the Boaxd to fulfill its ftiinetions.
6. Standards for Variations: Where an application for a variation of any of
e re a �ons o e ordinance ie made to the Board in which it is
alleged that practical difficulties or paxticular hardship� not intended� —
or not common to the otimera of property in the v3cinity wil]. be imposed
in caxrying out the strict letter of at�y such regulation, the Boaxd may
vary the application of such regulations in harmor�y with the �eneral —
purposes and intent of this ordinance and in accordance with the follow-
ing rules.
No variations in the application of the provi.sions of tehi� ordinance
shall be made concerning the use of land, the intensity of such use� or
other requirements of this ordinance unless� after a pub73c hearing as —
provided for in this ordinance, the Board shall find and report to the
City Council that:
(a) the particular physical eurroundings, shapee, or topographical
condition of the specific property involved would result in a par-
ticulax hardship upon the c�mer� as distinguished from a mere 3n- —
convenience, if the strict letter of the regulations were carried
��� �
out;
(b) the conditions upon which the petition for a variation is based are
• unique and would not be applicable, generally� to other property with-
_ in the same zoning classification;
(c) the purpose of the variation is not based exclusively upon a desire
�
to make more money out of the property;
(d) the alleged d.ifficulty or hardship has not been created by any person
_ presently having an interest in the property;
(e) the granting of the variation will not be ma.terially detrimental to .
the public welfare or in�urious to other property or improvements in
the neighborhood in which the property is located; and
_ (f) the proposed variation .will not impair an adequate supply of li�ht and
air to ad�acent property, or substantially increase the congestion in
the public streets, or increase the danger of fire, or endanger the
_ public safety, or substantially diminish or impair property values
• within the neighborhood.
_ ?. Appeals from De,termination of the BuilcLing Commissioner:
(a) Scope of Appeal: An appeal may be taken to the Board by ar�y person�
! firm or corporation� or by an officer� department, Board or Bureau
affected by a decision of t�he Office of the Building Commissioner
relative to the interpretation of this ordinance. Such appeal sha11
_ be taken within such time as sha11 be prescribed by the Boaxd by
general rule� by filing wit�h the Office of the Building Commissioner
a notice of appeal� specifying the grounds thereof. The Building
�
Commissioner shall forthwith transmit to the Board all of the papers
constituting the record upon which the action appealed from was taken.
_ (b) Findings on Appeals: An appeal shall stay all proceedings in further-
ance of the action appealed from unless the Building Commi.ssioner
certifies to the Board after the notice of appeal has been filer3. with
him that by reason of facts sta.ted in the certificate a stay would, in
his opinion, cause imminent•peril to life or property� in which case
the proceedings shall not be stayed otherwise than by a restraining
� order,, which may b�e granted by the Board or by a cour�t of record on
application� on notice to the Building Commissioner and on due cause
shown.
— The Board shall select a reasonable time and place for the hearing of
the appeal and give due notice thereof to the interested parties and
�
shall render a written decision on the appeal without unreasonable
—l�9—
delay. —
The Board may affirm or may� upon the concurring vote of five (5)
members, reverse� wholly or in part� or modif'y the order� requirement� —
decision� or determination� as in its opinion ought to be done� and
to that end ahall have all the powers of the ofYicer f�om whom the
appeal is taken. —
The Building Commiesioner shall maintain complete recorde of all
actions of the Board relative to appeals� and ehall keep the City —
Council infarmed an a current basis of the diapoaition of each case.
8. Amendments: � -'
(a) Statement of Pur ose: It is recognized that changes in conditiaazs
wi iin t�eZ'3�y o�`TfcHenry may require that there be amendments from —
time to time to this zoning ordinance. Said amendments sha11 be
made, if at all, only when it is found by the City Council� follow-
ing a report of the Zoning Board of Appeal8, that such amsndmente —
are required i.n t�he public interest. No amendments shall be mad.e
to this ordinance solely for the private interest of an applicant.
While variations as herein provided axe designed to reliev+e indi- —
vidual hardehfp and the basis for variations is the in�ury whiah
may be caused to the individual by the general application of �he
provisions of this ordinance, t�he considerations upon whi.ch amend- —
ments shall be �udged are directed exclusively to the welfare of the
entire community.
(b) Authori : The regulations imposed and the districts created under
�rity of this ordinance may be amended froan time to time by
ordinance, but no such amendments shall be made without a pubZic —
hearing before the Zoning Board of Appeals of the City of McHenry.
(c) Initiation of Amendment: Amendments m�y be propoaed by the City —
ounc , y e an onnnission� or by anbr resident of or awner of
property in the City of McHenry.
ARTTCLE XXII. RULE5 OF PRACEDURE AND CONDUCT.
A. All petitions shall be brought in �he name of the record title awner, or the
awner or owners, of the beneficial interest� through their attorneys or
authorized agents. If a contract purchaser or tenant ahall be involved� —
either with or without a contingent right� t�he contract purchaser or tena.nt
sha11 be revealed and became a second party to the petition� but such con-
tract purchaser or tenant may not file witdlout the owner. —
�5�-
B. Every appeal which shall be made to the Zoning Board of Appeals shall be
_ initiated in the following manner only:
1. There shall be delivered to the Building Commissioner a proper petition
_ requesting such hearing and setting forth the facts and details as
prescribed by ordinance.
_ 2. There shall be paid to the Building Corrnnissioner the required filing
fee.
_ 3. In the event the location or description in the petition of the property
concerned is such as to not be adequately ascertainable, in the opinion
of the Building Commissioner� t��.en a plat of survey, made by a registered
_ I1linois land surveyor� shall be attached to the petition when filed, or
sha11 be presented at the time of the hearing.
i l�. The petitioner, his attorney or his agent, shall also f`uxnish �he
Building Commissioner with the full names and addresses of the persons
who have last paid taxes on all property contiguous to or abntting the
_ parcel or paxcels concerned in the petition� including such taxpayers
of record as may own property across the road� street, or a11ey� which
may abut the premises concerned on one or more sides. It shall then be
_ the duty of the Building Commissioner to send such persons a copy of
the publication notice concerning the hearing� by certified mail�
Petitioner shall flirnish the Building Commissioner with as many copies
_, of the publication notice as sha11 be required for this purpose.
C. All publication notices shall contain a simple description of the property
_ as to area and location� of such a nature as to enable the ordinary reader
� to accurately locate such parcel. This description shall be in addition to
the required metes and bounds or lot and block description.
D. In the event ob�ectors to any petition shall employ counsel to represent
them at the hearing, it shall be the obligation of such counsel to notif�r
the petitioner� his attorney or agent� that he has been so retained and
will be present to ob3ect. Such notice shall be delivered to the petitioner�
his attorney� or agent, not later than four (4) days prior to the scheduled
_ heaxing date. Faa.lure of ob�ectors counsel to give such notice shall give
petitioner, his attorney or agent� the option to postpone the hearing until
another day certain.
—' E. Continuances may be granted on good cause shown and at the discret3on of the
Zoning Board of Appeals by a ma�ority vote•
— F. Attorneys ma.y submit a listing of proponents or opponents of the petition
and the same will be accepted as an exhibit. However� such a list shall
_ contain nothing more than the signatures of those for or against the
..51..
�
petition, along with a brief statement concerning their position. —
G. When the prayer of t,he petition requests a change in classification on1y�
w:ith no prayer for a wariation in the alternative; no evidence concerning "
type of structure or intended use shall be admitted without the approval
of the Zoning Board of Appeals.
H. Evidence concerning the particular use and character of use� including plans�
specifications� cost of improvement� and. duration of use� shall. be properly
admitted when the petition shall request a variation� or an amendment with an '
alternate prayer for variation� co�v�ering such particular use.
I. The Public Hearing: —
1. Call to order.
2. Parties of interest in petition present. '—
3. Reading of the petition� verification of notice by publication
and to abutting owners.
4. Identification and recording of ob�ectors, if ar�r. "'
5. Presentation of evidence by petiti:oner.
6. Questions by Zoning Board of Appeals members -- by others.
7. Presentation of evidence by ob�ectors, if any. —
8. Questions by Zoning Board of Appeals members -- by others.
9. Petitionerts closing ,statement� if desired.
10. Ad�ournment. —
J. Ariy matter comi.ng before the Zoning Boaxd of Appeals by scheduled hearing may
be heard by ar�y three (3) or more members of the said Board. Should any less —
than three (3) members be present, ar�y petitioner or ob�ector, or representa-
tive thereof� may request a continuance of the matter in order that it may be
heard before three (3) or more members of the Zoning Board of Appeals. —
K. The Zoning Board of Appeals shall meet at least once a month for the purpose
of voting upon all petitions heard by said Boaxd prior to t.he day of such —
voting meeting. The concurring vote of f�i.ve (5) members of the Zoning Boaxd
of Appeals shall be necessary to reverse ar�r order� requirement� decision�
or determination of ar�y admi.nistrative official� or to decide in favor of —
the appellant ar�y matter upon which it is required to pass under this ordi-
nance� or to effect ar�y variation in this orclinance. Copies of the report
of the Zoning Board of Appeals as made to the City Council shall be mailed —
to petitioners� their attorneys or agents� and to the attorney or agent of
the objectors, if any. Such copies of t,he report shall be mailed not less
than five (5) days prior to the meeting of the City Council at which the "
recommendation is to be acted upon.
L. Should the Zoning Board of Appeals recommend to the City Council that the —
prayer of the petition be granted, it shall be the obligation of the ati�,orney
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for petitioner to prepare a sui.table ordinance incorporating the exact
_, finding and recommendation of the Zoning Board of Appeals for submission
to the City Council in order to effect t,he amending or variance of the
ordinance properly, should the City Council accept the recommendation of
_ the Zoning Board of Appeals.
M. The report of the Zoning Board. vf Appeals shall contain a short summary of
_ the petition, locate the property� and t,he reasons advanced by the Zoning
Board of Appeals for rejecting or approving the prayer of the petition. The
report shall also contain the reccm�m.endation of the Zoning Board of Appeals
_ and shall indicate the mald.ng of the motion� the seconding thereof� and all
votes for or against the motion. Members not voting or absent shall also
be recorded.
N. A petition for variation, amendment, or special use, which shall have been
denied by the Zoning Board of Appeals and the City Council� shall not be
brought before the Zoning Boaxd of Appeals again, until one year shall have
passed from the date of the first public hearing� unless the prayer of the
petition sha11 request a different amendment or vaxiation, or some change in
_ circumstances has affected the status of the property in a substantial
manner. Petitioner� his attorney or agent� may present to the Zoning Board
of Appeals such reason� or reasons� as he feels should be sufficient to
� justify a hearing on the plot or parcel within the one year period� and it
shall be at the discretion of the said Boaxd to allow or disallaw such
subsequent hearing.
�. The Zoning Board of Appeals may postpone a vote on recommendation on any
petition far only one of its voting meetings, but a vote and recommendation
upon such petition must be made at the next voting meeting thereafter�
unless further delay is with the approval of the petitioner� his attorney�
or agent.
—
ARTICLE XXIII. THE PLAN CONIlKISSION.
A Plan Commission is hereby authorized to be established. The word "Comrr�.ssion"
when used in this Section sha11 be construed to mean the permanent Plan Com-
—
mission.
A. The Commi.ssion shall consist of not less than six (b) and no more than
twelve (12) members� all to be appointed by the Nlayor of the City of McHenry�
— by and with the consent of the City Council. The Ma.yor shall appoint one of
the members as chairman.
— B. No less than six (6) members, including the chairman, sha]1 be appointed on
the passage of this ordinance� and �h.e Mayor shall set a date for the first
meeting of the Commission. At said first meeting lots shall be drawn� and
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by the said lota� shall be determined that two (2) members shall serv�e for —
two (2) years� two (2) members shall serve for four (!�) yeass� and the
balance shall serve for five (5) years. A11 subsequent members appoi.nted to
fill vacancies due to expiration of term shall be for a period of five (5) —
years. Vacancies dus to resignation shall be filled for the balance of the
term vacated.
C. Powers and Duties: The Plan Commission sha11 hold such meetings as shall be
ca e om e to time by the chairman� or at the caLl of an�y two (2) of
its members. '
Immediately following their appointment� the members of the Plan Comm3.ssion
shall meet, organize� elect such officers as it may deem necessary� and adopt —
and later change or alter, rules and regulations of organization and pro-
cedure consistent with City ordinances and State laws. The Corrmi.ssion shall
keep written records of its proceedings, which sha11 be apen at all times to "
public inspection. The Com�nission sha11 also file an annual report wi.th t,he
Mayor and City CounciT� setting fort,h its transactions and reco�runenda.tions.
The Comm3ssion shall prepare and recommend to the City Council of MeHenry a
plan or plans for the development and redev�elopment of said City and contigu-
ous uni.ncorporated territory not more than ane and one half miles beyond the —
corporate limits of saa.d City and not included in a,r�y other municipality.
Such a plan or plans when adopted by the City Council shall be l�awn as the
official plan� or part thereof, of McHenry. Such plan or plans may be —
adopted in whole or in separate geographical or f�.inctional parts� each of
which� when adopted shall be the official plan� or paxt thereof� of McHenry.
To provide for the health� safety, comforG and convenience of the .inhabitants
of McHenry and contiguous territory� such plan or plans shall esta.blish
reasonable standards of design for subdivisions and for resubdivisions of un- —
improved land and of areas sub3ect to redevelopment� including reasonabla
requirements for public streets� alleys� ways for public servlce facilities�
parks� playgrounds� school grounds� and other public grounds. —
The Co�nmission shall prepare and recommend to the C3ty Council of MeHenry
from �ime to time, such changes in the pZan or any part thereof as may be —
deemed necessary by the City Council or by the Plan Commission,
The Commission shall prepare and recominend to t,he City Council from time to —
time� plans and/or recommendations for specific improvementa in pursuance of
such official plan.
The Commission shall give aid to the officials of t,he City of McHenry� charged
with the direction of pro�ects for improvements embraced within the official
plan, to further tha making of such improvement,s, and generally to promote —
the realization of the official plan,
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The Commission sha11 arrange and conduct ar�y form of publicity relativ�e to
_ its activities for the general purpose of public understanding.
The Commission sha11 cooperate with muni.cipal or regional planning com-
_ missions and other agencies or groups to furt�her the local planning program
and to assure harmonious and integrated planning for the area.
The Commission shall exercise such ot,her powers germane to the powers
granted under authority of an act of the General Assembly of the State of
Illinois entitled "The Revised Cities and Villages Actt� approved August 15�
_ 19�.1� and effective January 1� 1942� as amended� as may be conferred by the
City Council of McHenry.
_ D. Land Subdivision or Re-Subdiv3sion: No map or plat of arry subdivision or
resu ivi.sion presen e or reco � affecting land wit,hin the corporate
limits of the City of P4cHenry, or in contiguous territory outside of and
distant not more than one and one-half miles from such limits and not
included in ar�y other municipality� shall be entitled to record or shall
be valid unless the subdivision thereon shall provlde for streets� alleys�
_ and public grounds in conformity with arry requirements applicable thereto
of such ofiicial plan� or part thereof, or as provided in the Subdivision
Control Ordinance of the City of McHenry as passed and approved on the
—
17th day of April� 1961, and as subsequently amended.
E. Improvements: The City Clerk sha11 furnish the Plan Commission for its
_ consi era ion a copy of all ordinances, plans and data relative to public
improvements of ar�y nature. The Plan Commission may report in relation
thereto if it deems a report necessary or advisable� for the consideration
_ of the City Council.
F. Fxpenditures: The Commission may at the discretion of the City Council
_ em-`p�oy necessary help whose salaxies� wages, and other necessary expenses
shall be provided for by adequa.te appropriation made by the City Council
from the public �.inds. If said Plan Corranission sha11 deem it advisable to
_ secure technical advice or services� it may be done upon authority from the
City Council and appropriations by the City Council therefore.
ARTICLE XXN. INTERPRETATION AND CONFLICT.
_ In interpreting and applying tlze provisions of this ordinance, they shall be
held to the minimum requirements for the promotion of the public safety� health�
convenience, comfort, morals, prosperity and general welfare. It is not in-
_ tended by this ordinance to interfere with or abrogate or annul, any ord.inance
or rules� regulations or permits previously adopted or issued and not in con-
flict with any of the provisions of this ordinance or which shall be adopted or
_ issued pursuant to law relating to t,he use of buildings or premi.ses� nor is it
� ����
intended by this ord3nance to interfere with or annual ar�r easements, covenants —
or other agreements between paxties, prov�.ded, hawever, that where thia ordinance
imposes a greater restriction upon the use of buildings or premises or upon�
height of building or requirea larger open spaces than are imposed or required —
by such ordinances, rules, regulations or permits, or by easements� covenants�
or agreements, the provisian of this ordinance shall control. _
ARTICLE XXV. VIOLATION, PENALTY, ENFORCEMENT.
Ar�r person, firm or corporation who violates� disobeys� omite� neglects� or re-
fuses to comply with� or who resists trhe enforcement of ar�y of the rovisions of
this ordinance shall� upon conviction, be fined not less than Ten (�10.0�) —
Dollars, nor more than One Hvndred (�100.00) Dollars for each offense. Each day
that a v3olation ia permitted to exist sha11 constitute a separate offense. The
Building Conani.ssioner is hereby designated and authorized to enforce this ordi- —
nance.
ARTICLE XXVI. BOUNDARIES OF DISTRICTS.
Whsre uncertainty exists with respect to the boundariea of the varioue districts —
as shawn on the zoning m�p the follo�rl.ng rules shall applys
(a) The diatrict bounda,ries are either streets or alleys� unless other- —
wise shown and where t,he designations on the zoning ma.p indicate
that the various di.atricts are approxlmate],y bounded by streets or
alley linea, such al].eys or streets sha11 be construed to be the —
boundaries of such districts.
(b) Where t�he district boundaries are not shawn to be streets or alleys —
and where the property hae been or may hereafter be divided into
blocks and lots� the district boundaries shall be construed to be
the lot lines, and where the designations on the zoning map indicate —
t,hat the various districts are approximately bounded by lot ]3nes�
such lot lines shall be construed to be the boundaries of suah
districts. —
(c) Where the district boundaries are not ahown by streets or alleys or
lot or block lines, the district boundaxies shall be determined by —
use of the acale shawn on the maps.
ARTICLE XXVII. VAZIDITY.
Should any section or provision of this ordinance be declared by a court of compe- —
tent 3urisdiction to be invalid, such decision sha11 not affect the va].idity of
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the ordinance as a whole or any part thereof� other than the past so declared to
_ be invalid.
_ ARTICI,� XXVIII. FEES.
Any applications for a variation, amendment, or special use which is f�led by,
_ or on behalf of, the owner or owners of the property affected shall be accompa-
nied by a fee of Fifty (�50.00) Dollars.
ARTICLE XXIX. PRIOR ORDINANCES REPEA.I,ED.
_ All ordinances, or parts of ordinances, heretofore passed and approv�ed by the
City Council of the City of McHenry which are in conflict with the provisions of
this ordinance, are hereby repealed insofar as such conflict is concerned.
NOW, THEREFORE, BE IT ORDAINED: That the Zoning Ordinance of the
_ City of McHenry, a.s presently en�'orced� be and the same is hereby
amended.
_ That this ordinance shall be in full force and effect from and
after its passage and approval in accordance wit,h the statutes
of the State of Illinois as ma,de and provided.
It was moved by PITZEN and seconded by BR(�nll�T that the above ordinance be
passed. " "--
Voting Aye: Bolger� Brawn� Conway� Pitzen, Schaefer� Smith.
_ Voting Naye: None.
Absent: None.
'i����e�N �i F���'Ci
�
(s) DONALD P. DOHERTY �
_ ayor ,
ATTEST: �t'� . ` •
_, • . � �
(s) EARL R. AISH
City—Z erk
_ Passed and approved this 12th day of March� A. D. 1962.
`
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