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HomeMy WebLinkAboutOrdinances - n/a - 04/30/1966 - Amended Zoning Ordinance i _ � � . � �i�� - �; �. . , �_ L �- AMENDED ZONING ORDINANCE of the �--- CITY OF McHENRY ILLINOIS � � _ �_ � �_ � l�- l_- �_- �..- � � �_ � I. l, l — AMENDED ZONING ORDINANCE OF THE CITY OF McHENRY� ILLINOIS As passed and approved by the Mayor and City Council on the 12th day of March� 1962, and — as subsequently amended to and including the 30th day of April, 1966 Table of Contents Article page I Short Title 1 II Definitions 1 III Districts and Regulations Established 6 — IV General Conditions $ V ��R-l�� Single-Fam.i.ly District 11 VI ��R-2�� Single-Family Ilistrict 13 (20�000 sq. ft.) '" VII ��R-3�� Single-Family District 1J.� (10�000 sq. ft.) — VIII ��R-1��� Multi-Family District 16 IX ��B-1�� Commercial Retail District 18 X ��B-2�� Commercial - Recreation District 20 � XI ��B-3�► Commercial District 22 XII 'iB-l��� Commercial - Regional Service District 25 — XIII Industrial Park District 27 XIV ��I-l�� Heavy Industrial District 31 � � � � . � E l r � �- � � � E � i � �- �- �- �� � _ Table of Contents (cont.) Article page — XV Special Uses 3(� XVI Off-Street Parking and Loading !�0 XVII Accessory Buildings 1�3 XVIII Signs 1�1� XIX Planned Residential Developments !�7 — XX Non-Conforming Uses 1�8 XXI Administration 1�9 XXTI R.ules of Procedure and Conduct 57 XXIII The Plan Commi.ssion 60 XXIV Interpretation and Conflict 62 _ XXV Violation� Penalty� Enforcement b2 XXVI Boundaries of Districts 63 ' XXVII Validity 63 XXVIII Fees 63 XXIX Prior Ordinances Repealed 61� _ A M E N D E D Z 0 N I N G 0 R D I N A N C E OF THE CITY OF McHENRY ILLINOIS AN ORDINANCE amending the zoning orclinance enacted by the City of McHenry on November 5, 1951� _ as amended from time to time thereafter, entitled, ��An ordinance to regulate and limit the 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 determine 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 _ designed 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 uses� buildings or structures incompatible with the character of such districts respectively a n d to prevent additions to and alterations or re- modeling of existing buildings or structures in such a way as to avoid the re- strictions and limitations lawf�lly imposed hereunder and to provide penalties — for violations hereof," be and the same is hereby f�irther amended to read as follows: � � � � E L I � � � � � � � L _ � ! . � � � � � I — ARTICLE I. SHORT TITLE. This ordinance shall be known, cited and referred to as the City of McHenry Zoning Ordinance. -" ARTICLE II. DEFINITIONS. ACCESSORY USE - ACCESSORY BUILDING: A subordinate use or building or portion of — the main building which is located on the lot of the main bui.lding, and the use of which is clearly incidental to the ma.in use or the use of tha main building, but living quarters in connection with a detached garage shall not be permitted. — kPARTMENT: One or more rooms in a multi-family structure arranged, intended, or designed or occupied as the residence of a single family� individual� or group of individuals. AUTOMOBILE REPAIR: General repair� engine rebuilding or reconditioning of motor vehicles; collision service� such as body, frame or fender straightening and _ rEpair; over-all painting of motor vehicles. AUTOMOBILE SERVICE STATION: A place where gasoline stored only in vnderground ta.nks, kerosene or motor oil and lubricants or grease� for operation of auto- "" mobiles� are retailed directly to the public in premises� and including, as inci- dental thereto� minor accessories and services for automobiles� but not inclucling body and motor rebuilding and repair. When the dispensing, sale or offering for — sale of motor fliels or oil is incidental to the conduct of a public garage� the premises shall be classified as a public garage. _ AUTO WRECKING OR JUIQK YARD: Any place where two or more motor vehicles not in running condition� or parts thereof, are stored in the open and are not restored to operation within thirty (30) days of their arrival, or any portion of any land, building or structure used for wrecking or storing of such motor vehicles '" or parts thereof� stored in the open and not bei.ng restored to operating con- dition; and inclucling the conur►ercial salvaging and scavenging of any other goods, articles or merchandise. BASII�IENT: A story� three sides of which are partly below the level of the street grade or ground nearest the building. A basement shall not be counted as a story for the purpose of height 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 — quarters unless the basement� or habitable portion thereof, shall comply with al.l requirements for habitable rooms under the Building Code and the finished floor shall not be more than three feet six inches (3�6��) below the outside finish -1- � � � grade at required windows. BILLBOA.RD: Any structure or portion thereof upon which are signs or advertise- — ments used on an outdoor display. This definition does not include any bulletin � boards used to display official court or public office notices� or church or fra- ternal organization bulletin boards, or signs advertising the sale or lease of _ the premises on which the sign is located. � BLOCK: That property abutting on one side of a street between the two nearest intersecting streets� railroad rights-of-way� or .other natural barriers. r � BOARDING HOUSE: A building where meals or lodging and meals are offered or pro- vided for compensation for three or more� but not exceecling twenty� persons. � BUILDING: Any structure having a roof supported by columns or walls� and de- signed or intended for the shelter� support� enclosure or protection of persons� � animals� or chattels. BUILDING 1�REA: The maximum horiZontal projected area of a building and its ac- � cessory buildings� excluding open steps� terraces� and cornices projecti.ng not more than thirty (30) inches. BUILDING LINE: For the purpose of this ordinance the building line is the same � as a front yard set-back line. CORNER LOT: A lot in one ownership located at the intersection of two (2) � streets or a l.ot bounded on two (2) sides by a curving street� any two (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 � building and bounded on two (2) or more sides by such building. CURB GRADE: The established elevation of the curb in front of the building measured at the center of such front. Where no curb grads has been established� �; the City shall establish such curb level or its equivalent for the purpose of this orcli.nance. r I DEPTH OF LOT: The mean horizontal distance between the front and rear lot . lines. ' , � DISTftICT: A section of the City of McHenry for which regulations governing the height, area, and use of buildings and premises are uniform. � � ]JIJELLIIJG: A building or portion thereof� but not an automobile house trailer� designed exclusively for residential occupancy� including one-family� two-family � and multiple dwellings but not inclucling hotels, boarding and�lodging houses. i L -2- L � — DWELLING UNIT: One or more rooms in a dwelling or apartment designed primarily for occupancy by one family for living or sleeping purposes. _ DWELLING ONE-FAMILY: A detached building designed exclusively for occupancy by one 1 family. DWELLING MULTIPLE: A building or portion thereof designed for occupancy by two " 2 or more families living independently of each other. DWELLING, ROW: 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 exclusive of ba.throom, kitchen� hallway, closets or dining alcove directly off the principal room, providing such dining alcove does not exceed 125 square feet in area. FAMILY: Any number of individuals related by blood� marriage or adoption� living� cooking and dining together in the same premises as a single housekeeping _ unit� including domestic servants for whom, subject to the provisions of this ordinance� separate living quarters may be provided. F'1�.ONT: The front of a lot shall be that boundary of a lot along a public street; '" and for a corner lot the front shall be the shorter lot boundary along a street. GARI�IGE PRIVATE: An accessory building for the storage of not more than three — 3 motor-dxiven vehicles, of which not more than one shall be a corrBnercial vehicle as such commercial vehicle is defined and restricted by the applicable portions of this ordinance. GARAGE, PUBLIC: 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, conta.ining one or more rooms with bath and toilet facilities, but not including a kitchen or facilities which — would provide a complete housekeeping unit. Iit�LF STORY: Tha.t portion of a building under a gable� hip or gambrel roof� _ which is unused or used only in conjunction with and by the occupants of the floor immediately below. HEIGHT OF BUILDING: The vertical distance measured from the sidewalk level or — its equivalent established grade opposite the middle of the front of the building to the highest point of the roof for flat roofs; to the deck line for mansard roofs; and to the mean height level (between eaves and ridge) for gable and hip -3- � � � roofs. Where a building is located upon a terrace or slope the height may be � measured from the average ground level at the building wall. - HOME OCCUPATION: Any gainful occupation carried on only by a member of the fami- � ly which resides on the premises� subject to the following limitations: No com- modities may be sold on the premises. No display may indicate from the 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 immediate family who resides on the premi.ses. 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 builcling shall be used for a home occupation. F' I HOSPITAL OR SANITARILIl�t: An institution open to the public� in which sick patients or in3ured persons are given medical or surgical care; or for the care � of contagious diseases or incurable patients. HOTEL: A bui.lding in which lodging is offered or provided by compensation with � or without meals iri which there are more than ten (10) guest rooms. � KENNEL: Any lot or premises on which four (l�) or more dogs� at least four (1t) � months of age� are kept. LODGING HOUSE: A building where lodging is offered or provided for compensation � �r t ree or more� but not to exceed ten (10) guest rooms. LOA�ING SPACE: An off-street space or berth on the same lot with a building� �or contiguous to a group of buildings� for the temporary parking of a commercial � vehicle while loading or unloading merchandise or materials� and which abuts upon — a street� alley or other appropriate mea,ns of access. L LOT: A parcel of land used or suitable for occupancy by one main building or one _ main use with permitted incidental builclings and provicling 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 of the Recorder of Deeds of McHenry _ County� Illinois� or may include parts of or a combination of such lots when ad- jacent to one another provided such land is used for one improvement. LOT, INTERIOR: A lot other than a corner lot. ` LOT LINFS: The lines bounding a lot as defined herein. L LOT, WIDTHs The horizontal distance between the side lot lines measured at right angles to the lot depth at a point mi.dway between the front and rear lot lineg. (�ON-CONFORMI1dG USE: Any building, structure or land lawf�lly occupied by a use L L _J�_ � i _ or law.f4illy situated at the time of the passage of this ordinance or amendments thereto� which does not conform after the passage of this orclinance or amendments thereto with the regulations established therein. — PARKING AREA, PUBLIC: An open area� other than street� used for the temporary par�ng of more than four (!�) automobiles and available for public use whether free� or for compensation or as an accommodation for clients or customers. P.�RKIiVG AREA, PRIVATE: an open area for the parking of privately owned automo- biles and not for public use. — PARKING SPACE: An area� enclosed in the main building� in an accessory building� or unenclosed� sufficient in size to store one (1) standard automobile� which has adequate access to a public street or alley and peYmitting satisfactory — ingress and egress of an automobile. REAR Yl�RD: An open space (unoccupied except for accessory buildings) on the _ same lot with a building� between the rear li.ne of the building and the rear line of the lot� for the full width of the lot. SFTBACK: The minimwn horizonta.l distance between the street wall of the build- '" ing and the front street line. SIDE YARD: An open unoccupied space on the same lot with a building between the — building and the side line of the lot and extendi.ng from the front lot line to the rear yard. _ SIGNS, OUTDOOR ADVERTISING: Any card� cloth� paper� metal� painted, glass� wooden� plaster, stone or other sign of any kind or character whatsoever� placed. for outdoor advertisi.ng purposes on the ground or on any tree, wa11, bush� rock� post, fence� building� structure� or thing whatsoever. The term ��placed�� as — used in the definition of ��outdoor advertising sign�� and !�outdoor advertising structure" shall include erecting� constructing, posting� painting� printing� tacking� nailing� glueing� sticking, carvi.ng� or other fastening� affixing or _ making visible in any manner whatsoever. STORY: That portion of a building included between any floor and the floor next _ above 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 parcel of land and a — contiguous public street, including in such street, all property dedicated for street purposes or subject to public easements therefore, or proposed for future street right-of-way as designated in the Major Street Plan. STREET WA.LL: That wall or part of a wall of a building or that part of the wall or supports of a porch or other structure, nearest to and most nearly parallel -5- � � � with the street, extending more than four (!�) feet six (6) inches above the finished grade. _ STRUCTURE: Anything constructed or erected� which required location on the � ground� or attached to something having location on the ground. STRUCTURAL ALTERATIONS: Any change which would prolong the life of the supporting members of a bui ding or structure� such as bearing walls� columns� beams or l girders. � T$RRACE, OPFN: A level and rather narrow plain or platform which for purposes of � this ordinance is located adjacent to one or more faces of the mai.n structure� and which is constructed not more than four (1�) feet i.n height above the average � level of the ac�joining ground. TOURIST COURTs A group of attached buildings containing individual sleeping or � ivi.ng units� designed for or used temporarily by automobile tourists or transients� with garage attached or parking space conveniently located to each nnit� including auto couxts� motels� or motor lodges. � TOURIST HOME: A dwelling in which over-night accommodations are provided or offered for transient guests. � TRA.ILER, AUTOMOBILE: A vehicle without motive power� designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property� including a trailer coach or house trailer. � iTSE, PRINCIPAL: A ��principal use" is the main use of land or buildings as dis- tinguished from a subord:inate or accessory use. A ��principal use" may be either � ��permitted" or "special." ' � USE, PERMITTED: A ��permitted use" is a use which may be law�illy established in � a particular district, provided it conforms with all requirements and regulations _ of such districts. � YARD: An open space on the same lot with a main building� unoccupied and unob- structed from the ground upward� except as otherwise provided in this ordinance. � YARD, FRONT: A yard extending across the full width of the 1ot and lying be- � tween the front line of the lot and the nearest line of the buildi.ng. �- ARTICLE III. DISTRICTS AND REGULATIONS ESTABLISHEn. L In order to classify� regulate and restrict the locations of trades and indus- tries, and the location of buildings designed for specified uses; to regulate and L limit the height and bulk of buildings hereafter erec�ed or altered; to regulate L -�- I_ � ! — ' _ and limit the intensity of the use of lot areas, and to regulate and determine the area of yards� courts� and other open spaces wi.thin and surrounding such buildings� the City of McHenry, Illinois, is hereby divided into ten ��Districts.�� ! _ The use� height� and area regulations are uniform in each of the regulation districts and said districts shall be known as: l. R-1 Single-Family District 2. R-2 Single-Family District — 3. R-3 Single-Family District !�. R-4 Multi-Family District 5. B-1 Commercial - Retail 6. B-2 Commercial - Recreational 7. B-3 Commercial - Non-Retail _ 8. B-1� Commercial - Regional Service 9. Industrial Park -' 10. I-1 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 notations, references, and other matters shown thereon, shall be as much a part of this orcli.nance as if the notations� references and other matters set forth by said map were all fully described �' herein. Except after obtaining written pesmission from the Superintendent of Public Works and except as hereinafter provided: -- (a) No buildings shall be erected or altered, nor shall any building or premises be used for any 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 shall any open spaces surrounding any building be en- croached upon or reduced in any manner, except in con- -7- � � � . �, formity with the area regulations hereby establi:shed � � for the district in which such building is located. � Unless otherwise prohibited� or restricted� a permitted use also allows such a � use,, building or structure as is clearly incidental thereto and compatible with the principal use� if located on the same lot. Incidental uses� buildings or _ structures shall not be established or erected prior to the establishment or con- � struction of the principal use. A.RTICLE IV. GENERAL CONDITIONS. � _._ l. Public or semi-public buildings� churches� hospitalsj sanitariums� or schools � may 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 elevators� stairways� tanks� �- ventilating fans or similar equipment required to operate and maintain the builcling� and fire or parapet walls, skylights� towers� steeples� flagpoles� � chimneys, smokestacks� radio and television aerials or antennas, wireless masts� water tanks� or similar structures may be erected above the height limits herei.n prescribed. No such structure may be erected to exceed by more � than twenty-five (25) feet the height limits of the district in which it is _ located� except that 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� provided said aerial or antenna is attached to the buildang or �. erected in the rear yard area„ — 3. No space which for the purpose of a buildi.ng or dwelling group has been �, counted or calculated as part of a side yard� 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 comply with a , yard� court� or other open space requirement of or for any other dwelling, An open terrace� but not including a roo£ed 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 pro�ect � into a front yard not more than three (3) feet. Overhanging eaves„ includ- ing gutters� may project over the minimum required side yard not more than eighteen (18) inches. � The minimum yards or other open spaces, including lot areas per family re- quired by this ordinance for each and every building existing at the time of � passage of this ordinance or for any building hereafter erected� shall not k � _g_ j _ be encroached upon or considered as yard or open space requirements for any other buildi.ng. _ l�. E`very building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herei.n defined and in no case shall there be more than one such building on one lot unless otherwise provided. — 5. kny 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 land� which does not abut upon a public street or permanent easement of access to — a public street� which easement shall have a minimum 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 _ quarters 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 kitchen) 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 any building upon which actual construction was lawfully begun prior to the adoption of this ordinance and upon which building actual construction has been diligently carried on, and provided — further that such building shall be completed within two (2) years from the date of passage and publication of this ordinance. �- 9. Any land annexed� in any manner� to the City of McHenry, shall� upon such annexation, be held in an undeveloped state, and no building permit in re- gard thereto shall be issued� nor shall any other form of improvement there- _ on be made� until a proper establishment of zoning classification for such annexed land shall have been accomplished in the manner following: Within thirty days after the date of annexation, the owner� or owners� of the annexed premises, or any one of them, shall cause a petition to be brought -" before the zoning board of appeals of the City of McHenry in such manner as is provided by this Ordinance for such appeals. The Zoning Board of Ap- peals shall, as a result of the filing of such petition� hold a public — hearing concerning such petition not more than thirty days after the publi- cation of zoning hearing notice as required by this Ordinance. The Board of Zoning Appeals shall make a recommendation in regard to the classification -9- , � � i of such properties not less than fourteen days subsequent to the aforesaid � hearing� and the City Council of the City of McHenry shall act upon such recommendation and establish the zoning classification for said annexed — property at the first meeting following the expiration of f�ve days from the � date of receipt of the recommendation of the Zoning Board of Appeals by the City Clerk. An extension of the time limitations as established herein shall be granted � y by the City Council only by request of the petitioners as addressed to said Council� and in no event shall an axtension exceed thirty days. � In the event no hearing shall be brought by the owner� or owners� concerning the annexed property as hereinabove specified� the City Council of the City L of McHenry may cause such hearing to be initiated on its own behalf and shall i follow the procedures and time limitations as are hereinabove set forth. Any costs incurred by the City for fees and services in the bringing of such peti- � tion may be assessed against the lands concerned and be as a lien thereon� at , the option of the City of McHenry. 10. Every part of a required yard or court shall be open from its lowest point � to the sky unobstructed� except for the ordinary projections of sky-lights above the bottom of such yard or court, and except for the projections of � sills� belt course� cornices and ornamental features not to exceed twenty- four (24) inches. 11. On any 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 street to the other � across the corner. 12. i�To private property located in an "R�� Residential District shall be used as a veYticular accessway to any parcel located in any '�B'� or "I'� District. i 13. No basement shall be occupied as living quarters until a story abovegrade ' has been completed and is reac�y for occupancy. . 11�. Established set backs: Not withstanding any other provisions in regard to `' set back in residential and corrmiercial areas as are set forth in thia ordi- nance� if sixty (60�) per cent of any defined residential or commercial block shall be improved with buildings at the time of any application for building L permit,, and the entire improved frontage of any such block shall have been established to a set back line which is less than the minimum requirements as provided for in the appropriate residential district or commercial district � in which the property is located� then the set back existing at the time of the application for builcling permit shall be accepted as a proper minimum and no hearing for variation shall be required to permit the construction of a L building or structure conforming to the existing set back. If the said L -10- � f ... block has been improved to the sixty (60�) per cent figure as set forth hereinabove� and the set backs in existence shall not be uniform� then the minimum set back permitted the applicant shall not be greater than the _ average of all set back lines as established on that block at the time of application for permit. — ARTICLE V. ��ft-1�� SINGLE-FAMILY DISTRICT. A. Use Regulations: Permitted uses are: 1. Single-family dwellings. 2. Churches. 3. Public primary and secondary schools and private pr�m�ary and secondary schools with curricuZa substantially equivalent to a public school. 1�. Golf courses� not including miniature courses or commercial driving ranges. 5. Police and fire stations and bui.lding for storage of municipal equip- ment, �- 6. Public park. 7. Public administration building. 8. Truck gardening and other horticultural uses� where no builcling is involved� 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 pr:i.vate garage� accessory living _ quarters, guest house, recreation room,, green house� bath house, pro- vided that no kitchen facilities shall be provided except in the princi- pal residential building. — 12. Temporary buildings and uses for construction purposes for a period not to exceed one (1) year. _ 13. Signs� subject to Article XVIII. 11�. Automobile parking space to be provided as required in Article XVI. -11- 1' � � B. Building Height: No building or structure shall hereafter be erected� � altered or enlarged to exceed two and one-half (2'�) stories nor to exceed thirty-five (35) feet in height. — C. Areas: No buildi.ng or structure shall hereafter be erected and no buildi.ng �, or structure shall hereaf�ter be enlarged which would when erected conflict _ with or when enlarged or altered further conflict with the following re- � quirements for ya.rds and lot areas and coverage of lot: l. Front Yard - There shall be a front yard of not less than fifty (50) �` feet. � 2. Side Yard - On interior lots there shall be a side yard on each side of � a main building of not less than fifteen (15) feet, and a combined total of side yards of not less than thirty-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,jacent to the street which � intersects the street upon which the building or structure maintains frontage� and except in the case of a reversed corner lot� �there shall be mainta.ined a setback from the side street of not less than fifty (SO) � percent of the front yard required on the lots in the rear of such corner lots but such setback need not exceed fifteen (15) feet. No accessory building on said reversed corner lot shall project beyond the front yard � required on the ac�jacent lot to the rear� nor be located nearer than ten _ (10) feet to the side lot line of said adjacent lot. 3. Rear Yard - There shall be a rear yard having an average depth of not � less than fifty (50) feet. 4. Lot Area - Every lot, farm or other parcel of land shall have a minimum � width at the front bua.lding line of one hundred thirty-two (132) feet� _ and a minimum area of forty thousand (l�0�000) square feet for all uses permitted in this section� except that: � (a) The lot area for churches and public and private schools "� shall be not less than �wo (2) acres. 5. Lot Covera�e - Not more than twenty-five (25) percent of the area of a L lot may be covered by mai.n buildings� structures or accessory buildings. 6. Accessory Buildin�s - Accessory buildings sha.11 not encroach upon the L front yard. They may encroach upon the side yards provided r�o builclings are closer to the lot lines than ten (10) feet� and provided flirther that on a corner lot accessory buildings shall not encroach upon the i front or side yards adjacent to the abutting streets. L . � -12- I _ D. Private Gara�es: A permitted use when used in conjunetion with existing structures for housing. Not more than one vehicle using such garage shall be the property of persons other than occupants of the premises on which _ said garage is located. No more than one truck shall be permitted to be housed in such garage� and no truck having an empty weight in excess of l��500 pounds, or no truck having more than two axles may be garaged on the premises. No tractors or semi trailers of a commercial type shall be per- — mitted to park on the premises nor shall they be garaged on premises within this I}istrict. � Open air _ parking of not more than one truck is permitted in this I}istrict provided� however� that such vehicle shall not exceed l��500 pounds empty weight nor shall it have in excess of two axles. ARTICLE VI. ��R,-2�� ONE-FAMILY DISTRICT (20,000 square feet) _ A. Use Re�ulations: Permitted uses are: 1. Any use pexmi.tted in the '�R-1�� One-Family District� including Special _ Uses subject to provisions of Article XV. B. Height: The same regulations shall apply as required in the ��R-1�� One- Fami.ly District. C, Areas: No building or structure shall hereafter be erected and no building or structure shall hereafter be enlarged which would when erected eonflict _ with or when enlarged or altered further conflict with the following require- ments for yards and lot areas and coverage of lot: l. Front Yard: Each lot upon which a dwelling is constructed shall have a '" front yard of not less than thirty-f`i.ve (35) feet. inThere lots comprising forty (t�0) percent or more of the frontage between two intersecting streets are developed with buildings having front yards with a variation — of not more than fifteen feet in depth� the average of such front yards shall esta.blish the minimum front yard depth for the entire frontage. In no case shall a front yard of more than fifty (50) feet be required. 2. Side Yard: On interior lots there shall be a side yard on each side of a main builcling of not less than ten (10) feet, and a combined total of side yards of not less than twenty-five (25) feet. On corner lots the side yard requirement shall be the same as for interi- or lots� except that there shall be maintained a side yard of not less _ than fifteen (15) feet on the side adjacent to the street which inter- sects the street upon which the building or structure maintains frontage, and except in the case of a reversed corner lot� there shall be main- _13_ [- [_ f_ tained 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� C_ but such setback need not exceed fifteen (15) feet. No accessory builcli.ng on said reversed corner lot shall project beyond the front yard � required on the adjacent lot to the rear, nor be located nearer than five (5) feet to the side lot line of said ad,jacent 1ot. _ .3. Rea_r Yard: There shall be a rear yard having an average depth of not I, less than thirty-five (35) feet. 1�. Lot Coverage: Not more than twenty-five (25) percent of the area of lot � may be covered by main buildings, structures or accessory buildings. 5. Lot Area: Every dwelling hereaf`ter erected or structurally altered shall � be on a lot having an area of not less than twenty thousand (20�000) square feet and a width at the front building li.ne of. not�leas :than one � hundred (100) feet. 6. Accessor Buildings: Accessory buildings shall not encroach upon the � front yard. They may encroach upon the side yards provided no buildings are closer to the lot lines than ten (10) feet� and provided further� that on a corner lot accessory buildings shall not encroach upon the front ar side yar.ds adjacent to the abutting streets. C D. Private Gara�es: A permitted use when used in conjunction with existing struc- tures for housing. Not more than one vehicle using such garage shall be the � property of persons other than occupants of the premises on which said gar- age is located. No more than one truck shall be permitted to be housed in � such garage� and no truck ha.vi.ng an empty weight in excess of lt�500 pounds, or no truck havi.ng more than two axles may be garaged on the premises. No — tractors or semi trailers of a commercial type shall be permitted to park on � the premises� nor sha.11 they be garaged on premises within th3.s District. Open air parking of not more than one truck is permitted in this District � provided, however, that such vehicle shall not exceed 1t�500 .pounds empty weight nor shall it have in excess of two axles. � � ARTICLE VII. "R-3" SINGLE FAMILY DISTRICT (10,000 square feet) � . A. Permitted Uses: Permitted uses are: • � l. Any use permitted i.n the �'R-l�� Single Family Di.strict and ��R-2�� Single � ' Fami13� Di.strict, including Special Uses, subject to provisions of - � Article XV. 2. Private Garages: A permitted use when used in con�unction with existing � !— -11t- I � _ structures for housing. Not more than one vehicle using such garage shall be the property of persons other than occupants of the premises on which said garage is located. No more than one truck shall be permitted to be housed in such garage, and no truck having an empty weight in ex- — cess of 1��500 pounds, or no truck having more than two axles may be garaged on the premises. No tractors or semi trailers of a commercial type shall be permi.tted to park on the premises nor shall they be gar- — aged on premises withi.n this District. Open air parking of not more than one truck is permitted in this Dis- _ trict provided, however� that such vehicle shall not exceed l��500 pound.s empty weight nor shall it have in excess of two axles. B. Hei�ht: No building or structure shall hereafter be erected� altered or en- — larged to exceed two and one-half (2�) stories nor to exceed thirty-five (35) feet in height. _ C, Areas: iVo building or structure shall 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 lot: 1. Front Yard: There shall be a front yard of not less than thirty (30) eet�— 2. Side Yard: On interior lots there shall be a side yard on each side of the main building. Each such side yard shall be ten (10) percent of the _ width of the lot� but in no instance sha.11 it be necessary to have a side yard of more than ten (10) feet on each side. On corner lots, the side yard requirements shall be the same as for in- — terior lots, except that there sha.11 be maintained a side yard of not less than twenty (20) feet from the side ac�jacent to the street which intersects the street upon which the building or structure maintains _ frontage� and except in the case of a reversed corner lot� there shall be maintained a setback from the side street of not less than f`ifty (50) percent of the front yard required on the lots in the rear of such corner lots� but such setback need not exceed fifteen (15) feet. No ac- — cessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear� nor be located nearer than five (5) feet to the side lot line of said adjacent lot. 3. Rear Yard: There shall be a rear yard having an average depth of not less than twenty-five (25) feet. 4. Lot Coverage: No building w:ith its accessory buildings shall occupy in excess of thirty (30) percent of the area of the lot. -15- � l L � 5. I;ot Area: Every dwelling hereafter erected or structurally altered shall � be on a lot having an area of not less than ten thousand (10�000) square feet and width at the front building line of not less than seventy-five — (75) feet. � 6. Accessory Buildings: Accessory buildings shall not encroach upon the _ front yard. They may encroach upon the side yards provided no buildings I are closer to the lot lines than six (6) feet� and provided ftiirther that � on a corner lot accessory buildi.ngs shall not encroach upon the front or side yards adjacent to the abutting streets. r I ARTICLE VIII. "R-4" Z'��TI-FAMILY DISTRICT. F- . . i A. Use Re�ulations: Permitted uses are: 1. Any use permitted in the "R-3" Single-Fami.ly District� including Special �'" Uses� subject "to the provisions of Article XV. 2. Two-family dwelling structures. " 3. Row dwellings containing three (3) or more family units. � 1�. Multiple dwellings and apartments. �� 5. Boarding or lodging houses. � 6. Signs� sub�ect to Article XVIII. � 7. Required off-street parking. — B. Hei ht: No building or structure shall hereafter be erected� altered or en- � larged to exceed two and one-half (2'�) stories nor to sxceed thirty-five (35) _ feet in height. C. Areas: No building or structure shall 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 lot: , L 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 L th building. 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 f side yard of more than ten (10) feet on each side. On corner lots the L L -16- � � — side yard on the intersecting street side shall not be less than ten (10) feet� except in the case of a reversed corner lot� where there shall be a side yard on the street side of the corner lot of not less than fifty _ (50) 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 yard line required on the adjacent lot in the rear� nor be located nearer than five (5) feet to the side lot Line of — such ad�jacent lot. 3. Rear Yard: There shall be a rear yard of not less than twenty-five (25) _ feet for interior lots� nor less than fifteen (15) feet for corner lots. 1�. 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 shall hereafter be erected or structurally altered on any lot less than fifty (50) feet in width nor less than five thousand — (5�000) square feet in area except that 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 orcii.nance if it was then and still _ remains separately owned from adjoining lots on either side. Every resi- dential building hereafter erected or structurally altered for use other than for a single family dwelling shall provide a lot area per dwelli.ng _ unit or� where indicated, per sleeping room, as follows: Two-family dwelling 2500 square feet per dwelling unit 1[ultiple dwelling� apart- 2500 square feet per ment or row dwelling of dwelling 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 square feet per — dwelling unit Boarding and lodging houses� orphanages� — nursing or rest home 500 square feet per sleeping room ._ 6. Courts: No inner court or courts completely surrounded on all sides by a building shall be permitted. Outer courts are pezmi.tted� provided the depth of the court is no greater than the width of the court. -17- � � � � 7. Accessory Buildingss The same regulations shall apply as requi.red in the � ��R-3�' I'wo-fami.ly Ihstrict. _ �� - �� OMMERCIAL RETAIL DISTRICT � AItTICLE IX. B 1 C The Commercial Retail area is designed primarily for the retail shopping activi- � ties of persons residing in the trading area and to permit such retail uses as shall be compatible with each other as distinguished from non-retail activities which are not conducive to enhancing a retail shopping area. �` I A. Permitted uses: 1. Permitted uses are: r � (a) Banks, Savings and Loan Associations� and other financial institu- � tions. (b) Bakeries� where all goods are sold on the premises at retail. � (c) Barber Shops and Bea.uty 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-flammable _ cleaning agents. (f) Drug Stores. � (g) Electrical Appliance Shops. � (h) Florist Shops and Greenhouses for retail trade only. _ (i) Grocery, Fruit or Vegetable Stores. . � (j) Hardware Stores. (k) Launderettes and Laundromats. L (1) Meat Markets or Poultry Stores� if no slaughtering or stripping is involved. � (m) Package Liquor Stores. (n) Pet Shops. L L -18- � � _ (o) Radio� Television Sales and Service. (p) Restaurants� including the sale of alcoholic beverages. (q) Retail Stores and Services. (r) Shoe Repair Shops. (s) Signs subject to Article XVIII. _ (t) Tailor and Dressmaking Shops� not employing more than five (5) people. _ (u) Temporary buildings incidental only to construction of permitted use. (v) Department� furniture and home appliance stores. (w) Hand laundries. _ (x) Theatres, indoor. (y) Professional or Service Offices. — (z) Uses customarily incidental to any of the above uses and accessory buildings when located on the same lot. kll business or service of aforesaid stores, shops� businesses, shall be conducted wholly with- _ in a completely enclosed building, except for automobile pa.rking and off-street loacling areas. Special uses, subject to the pro- visions of krticle XV. � 2. The following uses are permitted above or below the main floor of buildings in this I?istrict: — (a) Apartments. (b) Business� Music� Dance or Commercial Schools. (c) Da.nce Halls. (d) r`�nployment Agencies. (e) Radio Broadcasting Stations. — (f) Lodge Rooms, Fraternal Halls. B., Hei�ht: No building or structure shall hereafter be erected� altered or en- -19- � � � � larged to exceed three (3) stories nor to exceed thirty-five (35) feet in � height. C. Areas: No building or structure shall 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 lot: + � l. �ont Setback: Al1 new structures permitted in this district shall be set back 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 any of the purposes permitted in L this district and is located at the intersection of two or more streets� ', and where "R'� District adjoins the rear of said lot� the side yard on the side of the lot adjacent to the street shall 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 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 10 feet when abutting upon a public alley and not less than twenty (20) feet when no dedicated alley or public wa.y exists at the rear of the lot. � ARTICLE X. "B-2�� COMMERCIAL - RECREATION DISTRICT. � The Corrnnercial - Recreation I}istrict 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 encourage the interchange of recre- � ational activity and supplen►ent but not distract from other less allied retail ., and commercial uses. � A. Permitted Uses: l. Automobile Service Stations. 1- 2. Clubs� Lodges and Fraternal Organizations. � 3. Marine Sales and Ser�rice. �.. Motels. L � -20- � I 5• Hotels. 6. Offices. — 7. Tourist Homes. � 8. Billiard and Pool Rooms. I 9. Bowling Alleys, Skating Rinks, Golf Driving Ranges and Miniature Golf Courses. — 10. Dance Halls. 11. Garages and lots� public� for storage of private passenger automobiles� — but not including repair service. - 12. Signs, subject to Article XVIII. — 13. Restaurants. 1l�. Taverns. 15. Theaters. _ 16. Uses customa.rily i.ncidental to any of the 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, Hei�ht: No building or structure shall hereafter be erected� altered or en- larged to exceed three (3) stories nor to exceed thirty-five (35) feet in height. C, Areas: No building or structure shall 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 ya,rds and lot areas and coverage of lot: 1. Front Setback: Al1 new structures permitted in this district shall be — set back 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 any of the purposes permitted in this dis— trict and is located at the intersection of two or more streets� and where an "R�� I}istrict adjoins the rear of said lot, the side yard on the -21- f— � � side of the lot adjacent to the street shall not be less than ten (10) l 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 I district, in which case there shall be a side yard of not less than five �� (5) feet. � 3. ftear Yard: There shall be a rear yard having a depth of not less than ten 10 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. �� _ �� L DISTRICT � ARTICLE XI. B 3 COMMERCIA . ____.__� Standards: All builcli,ngs� structures and uses in the "B-3" Commercial District � sha�ll comply with the following regulationa: (a) No builcling shall be used for residential purposes� except apartments � above a permitted cotmnercial use. (b) Al1 operation and production activities shall be conducted or maintained � wholly inside an enclosed builcling. Where open storage is used� the area should be effectively screened by a decorative solid wall or fence� or dense evergreen planting of sufficient height to block out the vi.ew � of the storage area� from any park or Residential District. No open _ storage shall be permitted within sixty (60) feet of an adjoining Residential I}istrict or public park. � (c) iQo 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. (d) No toxic matter� no�dous matter� smoke or gas, and no odorous or I particulate matter detectable beyond the lot lines shall be omitted. L (e) No vibrations shall be detectable beyond the lot lines. �' (f) No glare or heat shall be detectable beyond the lot lines. (g) Exterior lighting fixtures shall be shaded wherever necessary to avoid ! casti.ng direct light upon any 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 � ( -22- I — subject to the following conditions: (1) The storage� utilization or manufacture of materials or products _ ranging from incombustible to moderate burning is permitted. (2) The storage� utilization or manufacture of materials� ranging from free to active burning� is permitted, provided the following con- — dition is met: said materials or products sha.11 be stored� uti- Lized or manufactured withi.n completely enclosed buildings having incombustible exterior walls and protected throughout by an auto- _ ma.tic fire extinguishing system. (3) The storage� utilization or manufacture of flammable materials which produce explosive vapors or gases is prohibited, except that — storage of gasoline and fuel oil for use solely for heating or operation of vehicles in connection with the principal use is per- mittedt provided storage is underground and does not exceed a ca- — pacity of one thousand (1�000) 'gallons� except that retail gaso- Line filling sta.tions or fuel oil retail sales stations shall be permitted underground installation of a tank� or tanks� which _ shall not be more than 16�000 gallons total capa.city. (j) No raw materials shall be processed into any of the following basic products: metals of any ki.nd� gases, plastics, textiles� paper and " leather. (k} Al1 premises shall be furnished with all-weather surface walks; and ex- _ cept for parking areas, grounds shall be planted and landscaped. A. Pexmitted Uses: Permitted uses are: —' 1. Any use pexmitted in the ��B-l�� Commercial Retail I7istrict and any use permitted in the "B-2�� Commercial-Recreation District, — 2, Automobile service station. 3. Agricultural implement sales and service. 4. Air conditioning and heating sales and service. � 5. Auction rooms. b. Automobile sales and service shop. — 7. Battery and tire service stations. 8. Beverage distributors� but not including bottling plants. -23- � � � 9. Book binding. ` 10. Catering establishments. � 11. Clubs� lodges or fraternal organizations. 12. Expressing� baggage� and transfer delivery service. I L 13. Garages or lots� public or private, for storage of passenger automobiles� trucks� or buses. r 14. Laboratories. 15. Lauriaxy. � 16. Painting and decorati.ng shops. �, 17• Plumbing, heating� and roofing sixpply and work shop. 18. Printing� publishing� and issuing of newspapers� periodicals� books, and � other reading matter. 19. Printing .shops. � 20. Radio broadcasting station. `� L 21. Taxi service stations. 22. Telegraph service stations. � 23. Trailer sales. � 2lt. Wholesale establishments. 25. Manufacturing or processing which is clearly incidental to use is per- L 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 establiahments. � 28. Te�nporary buildings incidental only to construction of a permitted use. � 29. Uses customarily incidental to any of the above uses and accessory buildings when located on the same lot. � � -2�t- �. I — 30. Signs� subject to Article XVIII. 31. Used car lots. 32. Construction offices. 33. Required off-street parking. 34• Special uses� subject to the conditions of Article XV. _ B. Hei ht: No building shall hereafter be erected so as to exceed twenty-five 2 feet in height, except that additions to existing buildings may be ex- tended not to exceed the height of the existing pri.ncipal builcling. —' C. Areas: No building or structure shall 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 lot: 1. Front Yard: All new structures permitted in this district shall be set _ back from the front street li.ne 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 — dis 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 shall not be less than ten (10) _ feet in width� except that the building width of the lot shall not be reduced to less than twenty (20) feet. In all other cases a side ya.rd is not required except on the side of a lot adjoining a dwelling district, _ in which case there shall be a side yard of not less than �ve (5) feet. 3. Rear Yard: There shall be a rear yard having a depth of not less than ten 10 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. ARTICLE XII. ��B-l��� CONIMERCIAL - REGIONAL SERVICE. A. Purpose: The "B-1��� Regional Service District is designed to furnish those — necessary services which may also be uses permitted in the Retail and Recre- ational Districts to service transient or non-local vehicular traffic at major vehicular intersections� and area services. B. Standa.rds: The following conditions shall be applicable to all buildings, structures, and uses in the ��B-1��� District: -25- I-' � � 1. No building shall be used for residential purposes. � 2. Al1 business establishments in this District shall be under roof; all — business operations shall be conducted under roof; and there shal.l be no I outside storage of apparatus� materials or devices used in the conduct � of the business� or objects upon which a service is to be performed in the operation of the business. � 3. Exterior lighting fixtures shall be shadsd wherever necessary to avoid casting direct light upon any Residential I7istrict or upon a public r street or park. � C. Use: Any building or premises within the "B-4" Regional Service District � shall be used only for the following purposes: 1. Air Conditioning and Heating Sales and Service. � 2. Automobile Sales and Service Shops. 3. Book Binding. � 4. 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. ` E 6. Laboratories. 'j. Laundries. " ` 8. Painting and Decorating Shops. I �r 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 Stationa. � 13. Telegraph Service Stations. 14. Offia:es, Professional Offices, and Medical Clinics. � 15. Uses customarily incident to any of the above uses and accessory � buildi.ngs when located on the same lot. � -26- ( � _ 16. 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 and process- _ ing. 17. Temporary buildings incident only to construction of a permitted use. — 18. Signs, subject to Article XVIII. 19. Required off-street parking. No pa,rking shall be permitted in the _ front lot area� but only upon side and rear yard areas provided for such purposes. _ 20. Special uses� subject to the conditions of Article XV. D, Hei ht: iVo building shall hereafter be erected so as to exceed twenty-five 2 feet in height� except that additions to exi.sting buildings may be ex- — tended not to exceed the height of the existing principal building. E. Areas: No building or structure shall hereafter be erected and no building _ or structure shall hereafter be enlarged which would when erected conf].i.ct with or when enlarged or altered further conflict wi.th the following re- quirements for yards and lot areas and coverage of lot: — 1. Front Yard; All new structures permitted in this District shall be set back from the front curb line a distance of twenty-f`i.ve (25) feet, and all front yard widths 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 17istrict� 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 structure. 3. Rear Yard: There shall be a rear yard having a depth of not less than -- twenty 20) feet� and the combination square footage of rear yard and side yard must tota.l not less than the minimum square footage required for off-street parking in this District. . F. Use Intensit : No building� with its accessory builclings, shall occupy more than forty 0) percent of the area of the lot or tract. ARTICLE XIII. INDUSTRIAL PARK DISTRICT. — A. Purposes The Industrial Park I7istrict is designed primarily to permit ad- ministrative, research� restricted industrial, light industrial, and other related activities, which do not in any way detract from the existing -27- � � � char�cter of the City� and to restrict such activities to an area which is in � proxirnity to low-lying terrain� easily accessible to the most traveled road� � or roads� or to other forms of inerchandise and freight transportation. All — of the following restrictions are imposed to protect and foster the residen- ��, tial character of the City and to promote its orderly economic growth. � B. Site Requirements: The Industrial Park District shall not have contained therein� nor shall it be in any way divided into� a building site having less � than one acre minimum area. ` C. Standards: All buildings� structures� and uses in the Industrial Park Dis- trict shall comply with the following regulations: L 1. No building shall be used for residential purposes. 2. No retail sales or services shall be permitted� except as incidental or � accessory to a principal and permitted use. 3. All operations� activities and storage shall be conducted or maintained � wholly inside enclosed buildings. �. No r�oise 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. 5. No to�dc matter� noxious matter, smoke or gas� and no odorous or. particu- � late matter detectable beyond the lot lines shall be emitted, 6. No vibrations shall be detectable beyond the lot lines. � 7. iVo glare or heat shall be detectable beyond the lot lines. 8. Exterior lighting fixture shall be shaded wherever necessary to avoid � casting direct light upon any R.esidence District or into public streets or parks. - 9. Yo fuel except electricity� oil� or gas shall be used. '' 10. The storage or use of chemicals� either solid� liquid, or gas� shall be l subject to the following conditions: (a) The storage� utilization� or manufacture of materials or products ranging from incombustible to moderate burning is permitted. L (b) The storage, utilization� or manufacture of materials or products � ranging from free to active burning is permitted� provided the fol- lowing condition is met: said materials or products shall be stored� 1 _28_ � � _ utilized� or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system. — (c) The manufacture of flammable materials which produce e�losive vapors or gases is prohibited. — 11. No raw materials shall be processed into any of the following basic products: Metals of any kind� glass� plastics� textiles, leather� or paper. 12. Al1 premi.ses shall be furnished with all-weather surface walks� and, except for parking areas� grounds shall be planted and landscaped. �- D. Permitted Uses: Any building or premises within the Industrial Park Dis- trict shall be used only for the followi.ng purposes: _ l. Compounding� processing, and blending of chemical products. 2. General, administrative� research data processing offices. 3• Machine shops and metal products manufacture� and tool and die shops. !�. Processing and assembling of light weight products. 5. Research laboratories. _ 6. Signs, subject to Article XVIII. 7. Storage warehouses for a specific business enterprise� but not includi.ng coimnercial storage for hire. — 8. Accessory buildings incidental to the foregoi.ng. — 9. Required off-street parking. 10. Special uses, subject to the provisions of Article XV. E. Restrictions and Regulations: 1. Use: No building in the Industrial Park District shall occupy more " than 60� of the lot� tract� or site provided therefor, and included in building area shall be all accessory permitted buildings. _ 2. Area Regulations: All structures on any interior street site within an Industrial Park District shall be set back not less than 25 feet from the roadway right-of-way line, nor less than 75 feet from the roadway right- -29- � � � of-way line on any major street. Major streets shall be considered as those having the characteristics of Illinois State Routes 120 and 31. � The set back shall apply to both street frontages of a corner lot. A driveway fronting the structure shall be permitted in back of the 25 foot � or ?5 foot set back� and access driveways may be constructed in number and width as shall be permitted in accordance wi.th need� and upon approv- al of the Superintendent .of Public Works. However� no automobiles or � other vehicles shall be permitted to park between the roadway and the' front line of the structure upon the site� regardless of set back. Each principal building� or accessory building� on a site shall have a I � side yard of not less than 25 feet in width. ' Each principal building, or accessory building, shall have a rear yard � of not less than 35 feet in depth. If the rear yard shall abut a resi- dential district, nothing shall be placed or constructed upon the rear � 10 feet of said rear yard. No building shall be erected in the Industrial Park District which shall � be in excess of 40 feet� or thicee stories� whichever is less� above the grade Line fronting upon the site. Each building site in the Industrial Park District shall have a minimum � street frontage of 125 feet. 3. Parkin� Re�ulations: All sites in an Industrial Park District shall •pxo- � vide a parking area which shall contain not less than one parking space for each three employees and� for purposes of this I}istrict� 300 feet � shall be considered as the minimum square footage necessary to accommo- date a single car and to provide for appurtenant means of access to such — parking. No on street parking� standing� or loading� shall be permitted � in the Industrial Park District. 1�. Area Development Requirements: Every Industrial District area develop- � ment as set forth in this 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 � comprehensive units and flil.ly integrated with the Plan� all of which shall be approved and authorized by the City Council. 5. Street and Driveway Impronement and ftegu.lations: All Industrial Park � Districts shall be developed 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 ri.ght-of-way width �� of 33 feet from back of curb to back of opposite curb. The right-of-way �= -30- l� 1 I �� — paved surface inside the curbs shall be improved by 12 inches of com- pacted gravel, grade 7 or 9� and shall have two 1-1/1� inch layers of bituminous concrete� type B-5 (modified plant mi.x). The maximum size _ of the aggregate used in the top layer shall not exceed 1/2 inch; the bottom layer of the aggregate is to consist of not less than 1/2� nor more than 1 inch. The bituminous prime coat on all streets is to be spread at 1/t� to 1/2 gallons per square yard, the exact application to "" be determined by the City Engineer upon inspection. All curbs shall be type M-6.12. ._ Al1 driveways and parking areas on sites within an Industrial Park I}istrict shall be constructed of hard surface paving materials� either bituminous or better, to be laid upon all gravel of not less than _ !� inches in depth. � The plan shall also provide for an easement 10 feet in width on each � side of each roadway in the area proposed to be developed. This ease- — ment sha11 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 both 10 foot � easements by the City for installation of water mains� storm sewer drains, sanitary sewer drains� utility lines� sidewalks� or other � municipal purposes as shall be deemed necessary by the City of McHenry. � _ 6. Approval of Plan: Any plan of development of an Industrial Park area which shall be submitted to the City Council and shall indicate develop- ment and improvement in accorda.nce 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 Mayor affixed to said plan. — ARTICLE XIV. "I-1�� HEAVY INDUSTRIAL DISTRICT. A. Purpose: The "I-1�� Heavy Industrial District is designed primarily to per- mit administrative� industrial� and other related activities� which do not — in any way detract from the character of the City and which are not per- mitted in the Industrial Park District, and to restrict such activities to an area of low-lying terrain located adjacent to heavily traveled trans- _ portation routes but in proxi.mity to residential areas. All of the follow- ing restrictions are imposed to protect and foster the aforementioned resi- dential character of the City. — B. Standards: All bui.ldings, structures and uses in the ��I-1�� Heavy Industrial District shall comply with the following regulations: — l. No building shall be used for residential purposes. 2. No retail sales or services shall be permitted, except as incidental to -31- � � � 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 I boundary line of any Residence I7istrict. � l�. No toxic matter� noxious matter� smoke or gas� and no odorous or particu- I late matter detectable beyond the lot lines shall be emitted. � 5. No vibrations shall be detectable beyond the lot lines. r 1 6. No glare or heat shall be detectable beyond the lot lines. ?. Exterior lighting fixtures shall be shaded wherever necessary to avoid I casting direct light upon any Residence District or into public streets or parks. ' �-- � 8. The storage or use of chemicals� either solid� liquid or gas shall be sub- ject to the following 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 flammable materials which product ex- plosive vapors or gases is permit�ed� provided the following condi- _ tion is met: Said materials or products shall be stored� utilized or manufactured within completely enclosed buildings having incom- bustible exterior walls and protected throughout by an automatic fire extinguishing system� all in accordance with accepted best — practices of the National Board of Fire Underwriters. I . E 9. Al1 premises shall be furnished with all-weather surface walks; and� ex- _ cept 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 r � should be effectively screened from view by a decorative solid wall or � fence� or dense evergreen planting of sufficient height to black out the view of the storage area f�om any public street� park or Residential Dis- � trict. No open storage shall be permitted within sixty (60) feet of an adjoining Residential I7istrict or public park. , C. Permitted Uses: Permitted uses within the "I-1�� Heavy Industrial District � are: 1. Contractor�s plant� including storage yards. � � -32- `— � i— _ 2. Building material and fuel yards. 3. Feed, flour and grain storage. — !�. Warehouse and storage plants. s. Bulk oil and gasoline storage. 6. Manufacturing plants. _ 7. Other industrial and manufacturing uses meeting all requirements of this and all applicable ordinances. 8. Special uses� subject to the provisions of Article XV. D, Height: No building shall be erected in the "I-l�� Heavy Industrial District which shall be in excess of 40 feet� or three stories, whichever is less� _ above the grade line fronti.ng upon the site. E. Area Re�ulations: No building site in the "I-1�� Heavy Industrial District _ shall be less than one acre overall. vo building� or any part thereof� � shall be hereafter erected, altered, or relocated so that any part of said buildi.ng shall be less than !�0 feet from the right-of-way line of any road upon which it fronts or abuts. No ��I-l�� Heavy Industrial I7istrict tract � — shall be located so as to front upon State Routes 120 or 31, or Crystal Lake Road. _ Each principal building shall have a side yard on each side� the total width of both side yards not less than 50 feet� with a mi.nimtun side ya.rd on either side of 15 feet. " Each principal building shall have a rear yard of not less than 25 feet i.n depth. _ — Each building site in the "I-1�� Heavy Industrial District shall have a mini- mum street fronta.ge of 125 feet. _ F. Intensity of Tract Use: No building in the "I-1�� Heavy Industrial District� which� taken together in area with its accessory buildings� sha11 occupy more than 60,� of the lot or tract provided. " Where a tract is improved with an e�dsting building or structure� the struc- ture or builcling shall not be deemed to be non-conforming unless it occupies in excess of 75� of the tract� and any such existing structure or building _ may be enlarged and additional buildings may be erected, provided such addi- tion shall not, when added to the existing building or structure, occupy more than 75� of the tract. -33- f � � G. Road Development and Parkin� Regulations: Each Heavy Industrial District site � shall provide a parking area which shall contain not less than 300 square feet of space for each three employees and, for the purposes of this District� 300 " feet shall be considered as the minimum squa.re footage necessary to accommo- I date a single car and to provide for appurtenant means of access to such � parking. An Hea Industrial site or Heavy Industrial area development� fronting on ` Y V3' � an established roadway shall be regulated as to street parking by local ordi- nance. � If the development of such site or area shall require public road construc- tion� such construction shall comply in all respects to the street and drive- f- way improvements regulations as found in paragraph 5 of Section E� Article � XIII� Industrial Park District. No vehicle parking shall be permitted on the required �.0 foot set back� or � 40 feet from either roadway in the case of a corner lot� nor shall any parking be permitted on a 33 foot roadway constructed in compliance with � this section. Access driveways may be constructed in number and width as shall be per- � mitted in accordance with need� and upon approval of the Superintendent of Public Works. � ARTICLE XV. SPECIAL USES. A. Purpose: The development and execution of a comprehensive zoning ordinance � is based upon the division of the City into districts within which districts — the use of land and buildings and the bulk and location of buildi.ngs and � structures i.n relation to the land are substantially uniform. It is recog- nized� however, that there are special uses which� because of their unique — characteristics� cannot be properly classified in any particular clistrict or I districts, without consid�eration� in each case, of the impact of those uses L upon neighboring land and of the public need for the particular use at the particular location. Such special uses are uses either municipally operated� � or operated by publicly regulated utilities� or private ownership uses traditionally affected with a community or public interest� and they are herewith designated as follows: � Airport� landing field� or landing strip. Areas for the dumping or dispQsal of trash or garbage. � Auto dismantling and storage of junk. ( I� I- -3�- l � _ Bus terminal� railroad passenger station� or any other transportation terminal facilities. Cemeteries, Crematories or Mausoleums. Extraction of gravel� sand or other raw materials. — Hospitals or sanitariums. Nursery schools� day nurseries� and child car� centers, provided there _ is a minimum 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 from any ac�joining lot in any ��R'� Dis- trict. Nursing or rest home; orphanages, homes for aged. — Planned Unit Development (subject to such additional standards and requirements as are set forth in Article XV. Special Uses. E.) _ Privately owned recreation building or community center. Private park or playground. — Public utility facilities, i.e.� filtration plant or pumping station' heat or power plant� transformer station and other similar facili- ties. Co�nercial radio and television transmitting or antenna towers and other electronic equipment requiring outdoor towers and including antenna ._ towers for the dispatching of prinate messages. Railroad right-of-way. — B. Application for Special Use Permit: Applications for Special Use pex�nits shall be in the same form as those filed for variations and amendments to this ordinance� and all procedures shall be as herein set forth in regard _ to such hearings and findings. C. Standards: Special uses shall be authorized by the City Council� provided that a public hearing concerning such request for special use permit shall — 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 Council� in order to approve the special use permit requested� shall find that (a) the special use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located; -3s- L L 1 (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� shall be such that it will be in harmony with the appropriate and orderly develop- 1 ment of the district in which it is to be located; — (c) the location� nature and height of buildi.ngs� walls and fences� and � the nature and extent of the landscaping on the site shall be such _ that the use will not hinder or discourage the appropriate develop- ment and use of adjacent land and buildings, or will not impair the value thereof; L (d) parking areas shall be of adequate size for the particular use� properly located� and suitably screened from adjoining residential uses� and the entrance and exit drives shall be laid out so as to L prevent traffic hazards and nuisances.. D. Conditions: The Zoning Board of Appeals may recommend and the City Council L may— provi�e such conditions or restrictions upon the construction� location and operation of a special use, including but not limited to provisions for off-street parking and loading� as shall be deemed necessary to secure the � general objectives of this ordi.nance and to reduce injury to the value of property in the neighborhood. E. P].anned Unit Development -- particular provisions and requirements concerning � Planned Unit Developments: The subdivision� development and use of land containing more than forty (1�0) acres as an integral unit� combining more I than one primary land use and which may provide for single-family residen- tial, multi-fami.ly residential� educational� business� commercial and indus- — trial uses� and recreational� park and common use areas, may be described as a Planned Unit Development. � In its establishment and authorization as a special use� in addition to the foregoing provi.sions of this Article� the following procedures� requirements� � restrictions� standards� and conditions shall be observed: _ 1. Tlie Planned Unit Development shall be excepted from the provisions of the Subdivision Control Ordinance and of the Zoning Ordinance of the City of McHenry to the extent specified in the final authorization of the �' Planned Unit Development. 2. Procedure: L- (a) The applicant shall request the City Council� by letter �ddressed to the City Clerk, to call a conference of the City Council and the L Plan Commission and the Zoning Board of Appeals for a preliminary L -36- . L I — discussion of the proposed Planned Unit Development� and the City Council shall call such conference� which may be continued from time to time. The applicant shall present such exhibits and _ written information as may be desired to flzlly acquaint the Boards wi.th the proposed development� and sufficient copies shall be made available for all Board members. — (b) Within thirty days af`ter adjournment of the conference� the Plan Commission shall submit to the City Council its report in writing containing recommendations with respect to the relation of the pro- � _ posal to the Comprehensive Plan of the City. (c) The formal petition for a Planned Unit Development shall be ad- dressed to the Zoning Board of Appeals� and shall be filed with — the City Clerk; 25 copies of the petition shall be filed with the City Clerk; attached to each copy sha11 be copies of the support- ing documents and exhibits hereinafter provided for. (d) A filing fee in an amount of $250.00 shall be paid to the City Clerk at the time of such filing. f (e) The City Clerk shall set a hearing date which shall be not less � than thirty nor more than si.xty days after the filing of the peti- tion. Petitioner shall cause notice of the hearing to be published at least once� not more than fifty nor less than thirty days before � said hearing date in one or more newspapers published within the City of McHenry. I (f) The City Clerk shall forward a copy of the petition to the Mayor and to each member of the City Council and of the Plan Commission — and of the Zoning Board of Appeals. (g) The petition shall be heard by the Zoning Board of Appeals� and its report to the City Council of its findi.ngs and recommendations �- shall be accompanied by such plats� exhibits and agreements as shall have been presented by the petitioner� each identified for reference by letter or number� together with any suggested changes _ therein. (h) The grant of a special use for a Planned Unit Development shall be by specific ordinance� which shall contain or to which shall be '" appended all terms and conditions of the grant, including covenants and agreements, guarantees, performance bonds� plats and the like. — 3. Content of Petition: The formal petition shall contain, in addition to the requirements of Articles XXI and XXII hereof, the following: -3 7- r � � (a) An outline plan of the Planned Unit Development. � (b) A topographic survey and boundary survey of the subject area� pre- — pared and certified by a registered Illinois surveyor. 1 � (c) A plat of the Planned Unit Development area� showing in contrasting _ colors or by other means the respective proposed streets� street � classifications� lot sizes, rights-of-way� building lines� easements for utility sexrvices� exi.sting buildings or structures� and the loca- tion of any of the following proposed use areas: C (1) R-1 Single-Family District. . (2) R-2 Single-Family District. �- (3) ft-3 Single-Family District. � (1�) R-� Nlulti-Family District (5) B-1 Commercial-Retail. � (6) - B-2 Commercial-Recreational. � (�) B-3 Commercial-Non-retail. (8) B-1� Commercial-Regional Service. � (9) Industrial Park. (10) I-1 Heavy Industrial. (11) Educational. � (12) Recreational areas� greens or commons. (13) Parks and playgrounds� public or private. (d) Map of the City of McHenry showing the Planned Unit DeveZopment area � and its relation to the exi.sting roads and streets and use diatricts within and imanediately adjacent to the City. � (e) Specifications of the following improvements: — (1) ftoads� streets and alleys� including classifications� width of 1 . rights-of-way� widths of paved surfaces� and construction _ details. + (2) Sidewalks� including widths of paved surfaces and construction � details. (3) Sanitary and storm sewer system. � � (1�) Water supply system. (5 Street lighting and public area lighting system. . (6� Recommended installations for electric, gas and telephone � . facilities and distribution. . . (7) Sequence of phases or stages of development of the Planned . Unit Development. , � (f) Estimate of cost of installation of.all proposed improvements� con- firmed by a registered I1linois engineer. � � � -38- i I — (g) Petitioner� s proposed covenants, restrictions and conditions to be established as a part of the Planned Unit Development. _ I�. Construction of Improvements: The petitioner shall construct and install the required improvements� or may post with the City a sum in cash� or negotiable securi.ties, or a — surety bond running to the City in an amount sufficient to cover the fla.11 cost� inclucling engineering and inspection fees and costs� plus ten per cent of such total� to assure the satisfactory installation of — such improvements; the amount of such deposit or bond shall be based upon the confirmed estimate of cost hereinabove provided for; if a surety bond is submitted� it shall have good and sufficient surety _ thereupon and shall not be accepted until approved by the Mayor and City Council. If the Planned Unit Development is to be constructed and developed in — stages or phases� the deposit of cash or securities or the bond posted shall be in an amount based upon the confirmed estimated cost of in- stallation of i.mprovements in the respective stage or phase. 5. Street Classifications: Street classifications� definitions� and specifications� shall be in — accord with the regulations pertaining to same as established 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. 6. Variations of Mi.nimum Requirements: _ Wherever the applicant proposes to provide and set out, by platting� deed, dedication� restriction� or covenant, any land or space separate from single-family or multi-family residential districts� to be used for parks� playgrounds� commons� greenways� or open areas� the Zoning — Board of Appeals may consider and recommend to the City Council� and the City Council may vary the applicable minimum or maximum require- ments of the following: a) rear yard b) side yard c) lot area — d) bulk e) intensity of use f) street width — g) street construction h) cuxbs i) gutters -39- � � I j) sidewalks � k) public utilities 1) off-street parking — No such variation may exceed 25� of the applicable minimums or maximums � for the foregoing� provided that the total number of residential units in � the Planned Unit Development shall not be greater than one-per-ten thou- � sand square feet of land allocable to such residential•use� includi.ng for computation purposes all such land to be classified as residential property� plus all such designated park areas� playground areas� commons �- areas� greenways areas� and open areas. 7. Standards: L T No Planned Unit Development shall be authorized unless the Zoning Board of Appeals shall find and recommend� in addition to those standa.rds � established in Paragraph C of this Article, that the following standards will be met: (a) The uses permitted by such exceptions as may be requested or recom- � mended are necessary or desirable and appropriate to the purpose of the development. � (b) The uses permitted in such development are not of such nature or so located as to exercise a detrimental influence or effect upon the ' surrounding neighborhood. (c) That any Industrial Park or '�I-1�� Heavy Industrial areas established in the Planned Unit Development conform to all requirements therefor � as set forth elsewhere in this Ordinance. — (d) That all minimum requirements pertaining to commercial� residential� , institutional� or other uses established in�the Planned Unit Develop- _ ment shall be subject to the requiraments for each individual classi- fication as established elsewhere in this Ordinance, except as may _ be specifically varied in the Ordinance granting and establishing a Planned Unit Development use. ,"' ARTICLE XVI. OFF-STREET PAR,KING AND LOADING. L A. Off-Street Parkin : For the purpose of this Article, one hundred eighty �l 0 square feet of lot or floor area, which has a means af ingress or L egress from an alley or street� shall be deemed parking space for one vehicle. Such space shall not occupy any part of any required front yard� but where open may be included as part of a required open space for side or � rear yard� as provided in the district regulations. On corner or through � -�t�- � _ lots� parking space may not be included as part of required yards lying ad- jacent to either street. Such parking 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 materials to the satisfaction of the City. Parking areas serving non-residential uses of property shall 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� there shall be provided a wall or solid screen planting of appropriate shrubs to a height of not less than four (!�) feet� along the entire boundary� common to both the residential and parking 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 adja- cent residential properties. Lights used to illuminate such parking lots _ shall be so arranged as to reflect lighting away from the adjoining premises in the residential district. Such parking spaces shall be reserved for the sole use of the occupants of the building or lots, their customers, and the _ visitors thereto. Churches� theaters, stadiums, auditoriums, and other places of assembly may make arrangements for joint 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 with minimum _ off-street parking facilities as follows: 1. One (1) famil.y dwellin� and multi le family dwellin�s: One parking space for each dwelling unit. 2. Tourist Courts, Motels, Hotels, Rooming Houses, and Fraternal Homes: One parking space for each guest sleeping room. � 3. Hospita.ls: One parking space for each three (3) hospita.l beds. _ 4. Tourist Homes: One parking space for each transient sleeping room offered for tourist accommodation in addition to parking spaces required for permanent residents of the building. — 5• Churches, Auditoriums. Gymnasiums, Stadiums, Theaters and other places of ub].ic or r�.vate assembl wa.th fixed seats: One parking space for each three 3 seats or bench seating spaces� based upon maximum seating _ capacity. For the purpose of this type of use, parking spaces already provided to -ltl- � � � meet off-street parking requirements for stores, office buildings and � industrial establishments� or off-street parking facilities provided by the municipality� lying within three hundred (300) feet of the place of — public assembly as measured along lines of public access� and that are ( not normally in use between the hours of 6:00 P.M. and midnight� and are � made available for other parking� may be used to meet up to seventy-five (75) percent of the total requi.rements of parking space for places of r public assembly. � 6. Dance Halls Bowlin� Alle and Private Clubs: One parking space for � each two hundred 200 square feet of floor 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 for each area which can be used as a parlor.. 8. Stores and Other Retail Establishments Where Such Uses are Permitted: f- One parking space for each two hundred 200 sqnare feet of store space� to be provided on the premises or within three hundred (300) feet of the � entrances� or i.n conjunction with a plan of parking approved by the Plan Co�nission� and off the street� except that restaurants or establishments ' whose primary use is to serve meals and refreshments to patrons shall � provide one parking space for each one hundred (100) square feet of floor . : , space in the building. �,. Wholesale and Distributin Establishments includin Telephone Exchan es: � One �arking space for each two 2 employees. — 10. Manufacturin� and Non-retail Commercial Establishments: Five (5) parking f spaces and� in addition, one parking space for each two (2) persons — employed at any 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 this Article shall be increased or reduced .at L 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 below � the standards set forth in the Article. Loading or unloadi.ng areas shall not be considered as parking areas. � The joint use of parking facilities may be permitted in cases where major : parking demands occur on different days of the week or during different � hours� provided (1) that parking spaces will be available for each use in � accordance with the above standards� and (2) that the owners agree in writing and record that any subsequent sale or division of the property or � change in use thereof will not interfere with the joint use of the parking � L _1t2- � I . . _ facilities. A plan of parking facilities shall accompany each application for a Building Permit or Certificate of Compliance. The completion of the improvements for " parking according to such pl.an shall be a requisite for the validity of the 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 request 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 parking area� front and side yards will be met and maintained, and that the area will be improved as required in this Article. B. Off-Street Loading Facilities: On the same lot with every building or part thereof, erected hereafter to be used for other than exclusive dwelli.ng � _ purposes� or as an accessory use for dwelling purposes� there shall 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 (2s) foot loading 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 ��I-1�� Heavy Industrial _ I7istrict. ARTICLE XVII. ACCESSORY BUILDINGS. Accessor,y Buildings, except as othex�urise permitted in this ordi.nance, shall be subject to the following regulations: 1. Where an accessory building is structurally attached to main building� it shall be subject to� and must conform to all regulations of this ordi- _ nance applicable to the main building. . 2. An accessory building may not be located nearer than three (3) feet to -43- � � 1 any interior lot line and not nearer than five (5) feet to the rear lot � line, except as otherwise restricted. 3. No detached accessory building shall be located closer than ten (10) feet of any main building� except as otherwise restricted. r !�. An accessory builcling shall not be erected prior to the establ.ishment or construction of the principal use of bui�ding. _ 5. No accessory building shall be located within the required front yard. s- ARTICLE XVIII. SIGNS. L A.. Any publicly displayed outdoor sign� symbol or notice on a premise to adver� tise the business there transacted� or name of person or firm conducting said L business on premises or directing to some other locale, shall be regulated as follows: 1. In "ft" I7istricts the following signs shall be permitted: � (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 other than a dwelling unit, one identification sign not exceeding ten (10) square feet, except a church bulletin board � which will not exceed thirty-two (32) square feet of total sign — area. This permissive use of signs shall not be construed as ap- plyi.ng ta non-conforming business structures which may be located 1 in a residential area. — (c) For purpose of orientation� directional signs when established by , City� not exceeding six (6) square feet. _ (d) No sign shall be located on any vacant lot prior to the commence- _ ment of construction of a residence� except that one sign� not exceeding a maximum of six (6) square feet may be located on the L vacant lot solely for the purpose of advertisi.ng the premises on which the sign is located for sale or rent. L 2. In the "B'� Districts the following signs shall be permitted: . (a) No signs shall project�more than eighteen (18) inches from the L major wall surface, and no sign shall be permitted which advertises other than the name of the business or a product sold on the premi.- ses. Outdoor billboards or signs advertising products or matters ( not related to the occupancy of the premises shall not be permitted. L 1 -�- � � i .... — (b) Such signs shall be erected parallel to the vertical wall surfaces and shall not project beyond the end or top of the wall to which it is attached� nor shall any individual sign exceed an area of _ more than one hundred (100) square feet� nor a height of more than twelve (12) feet. Signs erected on a separate super-structure at- tached to the roof of the building or to any other part of the builcling above the roof line shall not be permitted. (c) Directional signs shall be permi.tted as in the "R�r District. _ (d) There sha11 also be permitted two signs on each business property not attache�. to the building. Such signs, clocks� or other adver- tising devices erected upon standards, parapets, piers, or separate supports� shall be placed so as to be entirely within the property lines of the premises upon which same are located. No part of the sign or sub-structure shall have a total height greater than twenty-five (25) feet from the level of the street upon which the — sign faces� and no part of the sign or sub-structure shall extend over the sidewalk or street beyond the property Line. _ (e) Said unatta.ched signs shall not have a usable sign area greater I than a total of two hundred (200) square feet� said area to be � computed by considering each side of said sign to be the usable square foot area of advertising space. No more than one hundred � "' (100) square feet per sign face shall be permitted. (f) IJo such unattached sign and sub-standard shall be so constructed � — or placed as to constitute a hazard to vehicles or pedestrians by obstructing a safe view of the street� or streets, upon which the premises front, or any sidewalks so fronting the premises� it being ,� the intention that such unattached signs shall permit clear visi- bility and not interfere with the ingress and egress of vehicles or pedestrians. The determination of the Superintendent of Publi� Works in this regard shall be final. (g) No illuminated sign shall be of the flashing or intermittent type. Signs which may conflict with public traffl.c signals shall not be — permitted. (h) Traffic or directional signs indicating entrances and exits and condition of use of parking facilities accessory to the main use of the premises may be maintained� unattached� provided they are located within the property lines of the premi.ses upon which the business, or businesses, may be conducted. (i) No sign shall be located on any vacant lot prior to the commence- ment of constru�tion of a business, except that one sign� not ex- � -us- � � � � ceeding a maximum of six (6) square feet may be located on the ( vacant lot solely for the purpose of advertising the premi.ses on � which the sign is located for sale or rent. — . � (j) Canopies: No canopies shall be constructed with a clearance of less � than eight (8) feet. Interior illuminated signs are permitted under such canopies provided they shall be installed or hung in such a r manner as to peYmi.t a minimum clearance of seven (?) feet from the � walkway. No sign installed under a canopy shall be of the flashi.ng or 1 blinking type. , 3. In '�I" Districts the following .signs shall be permitted: � (a) One sign identifying the building or building complex. L r (b) Directional signs permitted as in "R" District. (c) No sign shall be located on any lot prior. to the commencement of � construction of a principal building on said lot� except that one sign not exceeding forty (40) square feet i.n area may be located on � a vacant lot solely for the purpose of advertising the premises on which the sign is located for sale or rent, and .not more than two (2) signs stating names of architect or contractor may be located � on the premises only during construction. _ (d) No sign shall relate to a business other than that conducted on the ( premises� nor to a product or products sold-in the. course of such � business. — (e) The total area of all signs on any lot� inclucling• all exposed sides�, � shall not exceed three (3) times the number of lineal feet of frontage of the principal building located on the lot. A principal � , building on a corner lot shall be deemed to have a frontage equal to . the length of those sides. of such building which abut a street. (f) No sign shall extend beyond the peak of the roof line af the build- � ing to which it is attached. (g) A1� signs shall be attached to the principal building except that I there shall be permi.tted in the Industrial Park and ��I-1�� Heavy Industrial Districts not more than three (3) directional signs� or { signs showing only the name of the business� none of which shall � exceed twelve (12) feet i.n height from the ground and the aggregate .. area of all such signs shall not exceed one hundred (100) square � feet. � -1�6- I � _ (h) No sign atta.ched to a building or structure shall project more than eighteen (18) inches from the face of the wall of any building or structure. — (i) Canopies: No canopies shall be constructed with a clearance of less than eight (8) feet. Interior illuminated signs are permitted under such canopies provided they shall be installed or hung in _ such a manner as to permit a minimum clearance of seven (7) feet from the walkway. _ No sign installed under a canopy shall be of the flashing or blinking type. (j) No illuminated sign shall be of the fla.shing or intermittent type. — Signs which may conflict with public traffic signals shall not be permitted. _. 4. Non-conforming E�d sting Signs: Every sign or other advertising structure or device lawflzlly in exis- tence upon the adoption of this Ordinance may be mainta.ined or repaired '" from and after the effective date of this Ordinance, but the repair $nd maintenance of e�asting non-conforming signs� devices or structures shall not be construed to include a change in message� product� or indi- — cation of ownership. _. ARTICLE XIX. PLANNED RESIDENTIAL DEVELOPMENTS. The City Council may authorize� by ordinance� after a public hearing and a re- port 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 (1�0) acres of land� and provided that: Every development under this Article be consistent with the purpose and 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 project activities. _ 2. The specific requirements of this ordinance for intensity of land use for the designated residential use district in which the development is located shall be maintained. -1�?- � � 1 3. All other sections of this ordinance may, by specific mention� be varied � i.n whole or in part for any Planned Residential Development under the terms of this section. — 1�. However� in no case shall the allowable lot area� width or yards re- � quirements in the residential use district be reduced to less than the _ corresponding requirements in the �ext less restricted residential use + district� but in no case less than ten thousand (10�000) square feet. 1 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 area 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� pro- � � vided dedication is accepted by the City. 6. In determining the total number of lots which may be created under the � terms of this section i.n 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- � • visibn for flood waters) shall be reduced by twenty (20) percent and the � remainder shall be divided by the minimum lot area of the designated use � district i.n which the developanent is located. The resulting figure� r reduced to the closest smaller whole number� shall be the greatest L number of lots developable under the terms of this section. 7. Each proposed lot must have at least fifteen (15) percent of its periphery [ bounded by the common open area or dedicated lands. Lots may face each other across streets� but may not back up to each other. The average ` minimum wi.dth of any continuous open space shall be not less than fifty j (50) feet. All open spaces sha11 be directly accessible to a public — street or a public area having access to a public street. j � h 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 any common ].and I shall be subject to approval by the Plan Commission and City Council be- L fore the provisions of this section apply. � i ARTICLE XX. NON-CONFORMING USES. L Any building or structure� or-use of any buiTding or structure or tract of land� lawf�.l.ly exi.sting 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 requirements � of this ordinance� shall be known as a non-conforming use and may remain and the use then bei.ng made thereof may be continued. However, any enlargement� alteration� relocation or change in use of such a � � -�t8- � � 1 � _ building� structure� or tract of land� can be continued only as hereafter pro- vided. _ A non-conforming use occupying a part of a buildi.ng or structure may be extended throughout that part of the building or structure originally designed for such use, or throughout the entire buildi.ng or structure if of uniform design� but in no case shall an addition be made which will provide for �the expansian of the — non-conforming use. A non-conforming use of land shall not be expanded beyond the area actually so _ used 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 any further use thereof shall be in conformity w:ith the provisions of this ordinance. Any builcling or structure devoted to a non-confox�i.ng use which may be destroyed or damaged by fire or otherwise to the extent of fifty (50) percent or more of its full assessed value shall not be repaired or rebuilt� nor shall another 1 — building or structure be erected on the premises except in conformity with the provisions of this ordi.nance. ` — Change: A non-conforming use may not be changed except to a conformi.ng 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 itself encroach or further encroach upon a required yard nor does not exceed or f further exceed the ma,�dmum 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 repairs 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 buildangs, structures� and land uses which do not conform to the use regulation of the district in which they are located. ARTICLE XXI. ADMINISTRATION. _ 1�. Statement of Purpose: The administration of this Ordinance and the promul- -4.9- � � � gation of its purpose are hereby vested in four (1�) offices of the�City of � 1�cHenry as follows: The Office of the Superintendent of Public Worka. j The Zoning Board of Appeals. � � The Plan Commission. — . The City Council. i B. Office of the Superintendent of Public Works and the City Council: F- l. Office of the Superintendent of Public Works: � a. Duties: The Superintendent of Public Works� or his duly designated L- � and acting deputy� as zoning enforcement officer� shall enforce this orclinance and, in addition thereto and in furtherance of said authori- ty he shall: � (1) conduct inspections of buildings� structures� and uses of land � to determine compliance with the terms of this zoni.ng ordinance; L and (2) prepare and cause to be published on or before March 31 of each � year a map showing the existing zoning uses� divisions� restric- tions� regulations and classifications in effect on the preced- � ing December 31. � b. Zonin� Certificates: Except as hereinafter provi.ded� no Building " Permit pertaining to the use of land or buildings shall be issued by any employee of this City unless the application for such permit has � been examined by the Superintendent of Public Works and has affixed — to it or stamped thereon a certificate of the Office of the Superin- tendent of Public Works that the proposed building or structure com- i pLies with all the provisions of this ordi.nance. Any permit or ,_ occupancy certificate issued in conflict with the provi.sions of this ordinance shall be nuli and void. - Every application for a Building Permit for a building in the L' ' Industrial Park District or "I-1�� Heavy Industrial District shall ' have affixed to it the certificate of an architect or registered pro- fessional engineer licensed by the State of Illinois stating that in L � his opinion. the buildi:ng or structuxe and the proposed use thereof comply with all. the provisions of this ordinance. Within twenty (20) days after the receipt of such applications� with the aforesaid L certificate attached thereto, the Superintendent of Public Works shall affix a Zoning Certificate to the Building Permit provided all relevant provisions of this orcli.nance are compLied with� or the L Superintendent of Public Works shall refuse to issue a Zoning Certifi- ... � -50- � .. — cate and shall advise the applicant in writing as to the reasons for said refl�sal. _ c. Plats: Every application for a Building Permit shall be accompanied by a plat� in duplicate� of the piece or parcel of land� lot, lots� block or blocks, or parts or portions thereof� drawn to scale show- ing the actual climensions of the piece or parcel� lot� lots� block '" or blocks or parts or portions thereof� according to the registered or recorded plot of such land; and said plat shall further show the ground area� height� and bulk of the building or structure� the — building lines in relation to lot li.nes� the use to be made of the building or structure or la.nd, and such other information as may be required by the Superintendent of Public Works for the proper en- _ forcement of this ordinance. d. Occupancy Certificates: No building, or addition thereto� construc- ted a ter the effective date of this ordinance and no add2tion to a � previously e�dsting building shall be occupied� and no land vacant on the effective date of this ordi.nance shall be used for any pur- pose� until an occupancy certificate has been issued by the Office _ of the Superintendent of Public Works. Every occupancy certif`icate shall state that the use of occupancy complies with all the provi- sions of this ordinance. — e. �plication for Occupancy Certificate: Every application for a building permit shall be deemed to be an application for an occupan- cy 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 the Office of the City Clerk. _, f. Issuance of Occupancy Certificate: No occupancy certificate for a building or addition thereto� constructed after the effective date of this ordinance, shall be issued until construction has been com- pleted and the premises inspected and certified by the Office of — the Superintendent of Public Works to be in conformity with the plans and specifications upon �which the zoning certificate was based. No addition to a previously e�asting builcling shall be occupied in — any I}istrict� and no new use of a building in any ��B��� Industrial Park or "I-1�� District� shall be established until the premises have been inspected and certified by the Office of the Superi.nten- _ dent of Public Works 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 any addition or during par- tial occupancy of the premi.ses, An occupancy certificate shall be issued� or written notice shall be given to the applicant stating the � � -51- � � � reasons why a certificate cannot be issued, not later than fourteen � (11�) days after the Office of the Superintendent of PubT�c Works is notified in writing that the buildi.ng or premises is r�ady for occu- � pancy. 2. The City Council: a. Duties: The City Council� by its City Clerk� in addition to its L municipal authority connected therewith and in furtheranca of said authority� shall: r (1) issue all building permits and make and maintain records thereof; � (2) issue all occupancy certificates and make and maintain records thereof; � � (3) maintain permanent and current records of the zoning ordi.nance, including� but not limited to, all maps, amendments and special � ' uses, nariations� appeals and applications therefor and records � of hearings thereon; � � (!�) receive� flle and forward to the Zoning Board of Appeals for � action all applications for variations� special uses� amend- ments� and the records in all appeals; and ` f ' � (5) provide such clerical and technical assistance as may be re- - quired by the Zoning Board of Appeala in the e�ercise of its � � � duties. C. The Zonin� Board of Appeals: I . � 1. Creation and Membership: A Zoning Board of Appeals is hereby authorized � ' to be established. The word ��Board�� when used in thia Section shall be I construed to mean the Zoning Board of Appeals. � a. The said Board shall consist of seven (7) members appointed by the � Mayor of the City of McHenry by and with the consent of the City Council. b. The members of said Board shall serve respectively for the following � terms� or until their respective successors are appointed and quali- fied: � One for two years ' Two for three years � Two for four years � Two for five years � � � -52� �. i � � r _ I � -- for the f`irst seven (7) appointed� and five (5) years each for those ' following the first seven (7) appointed. _ c. One of the members of said Board shall be designated by the Mayor as chairman of said Board and shall hold his said office as chairman until his successor is appointed. The chairman shall conduct all _ meetings of the Board� but� in case of his absence, the attending members shall delegate one of the members present to serve as acting chairman. — d. The Mayor shall have the power to remove any member of said Board for cause and after a public hearing. _ e. Vacancies upon the Board shall be filled for the unexpired term of the member whose place has become vacant in the same manner herein provided for the appointment of such member. — f. The members of the Zoning Board of Appeals shall serve without salary. ... 2. Jurisdiction: The Board shall hear and decide appeals from and review any order� requirement� decision, or determination made by the adminis- trative office charged with the enforcement of this orclinance� in ac- _ cordance with the provisions of C. 7. hereinafter. The Board shall further hear and decide all petitions concerning amend- ments� variations� or the granting of special use permits, under this — zoning ordinance� and the concurring vote of t'ive (5) members of the Board shall be necessary to recommend any amendment� granting of varia-. tion� or issuance of a special use permit. 3. Petitionsr All petitions for hearings held in accordance with the pro- visions of this ordinance shall be filed with the off�ce of the City Clerk. The petitions shall conform to the information requirements as " established by this ordinance and as the Board may� from time to time� by rule provide. The Board shall set a hearing date which shall be not more than sixty �60) days after the filing of the petition, A notice — of the hearing shall be published at. least once� not more than 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 Board. The Board may supplement such published notice by additional form� or forms� of notice as it may by rule provide. 4. Decisions of the Board: The Board shall have the power of recommenda- tion only� such recommendations to include findings in accordance with -53- � � 1 the provisions of this ordinance and to be submi.tted 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� shall 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 variation� 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 � recommendation. . In the event a written protest against the proposed amendment� variation or special use permit� is filed with the City Clerk prior to the voting L upon the recommendation of the Zoning Board of Appeals by the sa.id City � Council� and provided that the written protest is signed and aclrnowledged by the owners of twenty (20) percent of the frontage immediately ad,join- � ing or across an alley therefrom, or by the owners of twenty (20) percent of the frontage 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 permit. The powers granted the Board in this ordinance may� from time to time� ! be altered� enlarged, or restricted� as the City Council ma.y� from time to time� determine and effect by ordinance. � 5. Meetings and Rules: — a. All meetings of the Board shall be held at the call of the chairman ` and at such times as such chairman shall determine. � � b. All meetings of the Board shall be open to the public. c. The chairman� or in his absence� the acting chairman� shall adminis- ter oaths to those testifying, and may compel the attendance of I witnesses through the use of the subpoena. 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 oath. L e. The Board shall keep minutes of its proceedings� showing the vote of each member upon each question� or if absent or failing to vote� L i.ndicating such fact� and shall also keep records of its hearings L -54- � i I - ' — and other official actions. f. Every rule or regulation� every amendment or repeal thereof, and _ every order� requirement� decision, or determination of the Board shall be filed in the office of the City Clerk and shall be a public record. '" g. The Board shall adopt its own rules of procedure� not in conflict with this ordina.nce� or in conflict with the applicable Illinois statutes. . h. The City Council shall provide such secretarial� legal, or adminis- trative assistance as shall be necessary� in the opinion of the — Council to permit the Board to fulf`ill its f`unctions. 6. Standards for Variations: Where an application for a wariation of any of the regulations of the ordinance is made to the Board in which it is '� alleged that practical difficulties or particular hardship� not intended� or not common to the owners of property in the vicinity will be imposed in carrying out the strict letter of any such regulation� the Board may � vary the application of such regulations in harmony with the general purposes and intent of this ordinance and in accordance with the follow- ing rules. — No variations in the application of the provisions of this ordinance shall be made concerning the use of land� the intensity of such use� or other requirements of this ordinance unless� after a public hearing as — provided for in this ordinance� the Board shall find and report to the City Council that: a. the particular physical surroundings� shapes, or topographical condition of the specific property involved would result in a par- ticular hardship upon the owner� as distinguished from a mere in- 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 difficulty 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 materially detrimental to -55- � � � the public welfare or injurious to other property or improvemsnts in � the neighborhood in which the property is located; and _ f. the proposed variation will not impair an adequate supply of light and I air to ad,jacent property� or substantially increase the congestion in �' the public streets� or increase the d�anger of fire� or endanger the � public safety, or substantially diminish or impair property values within the neighborhood. 7. Appeals from Determination of the Super3ntendent of Public Works: � a. Scope of Appeal: An appeal ma.y be taken to the Board by any person� � firm or corporation� or by an off`icer� department� Board or Bureau affected by a decision of the Office of the Superintendent of Public Warks relative to the interpretation of this ordinance. Such appeal � shall be taken within such time as shall be prescribed by the Board by general rule� by filing with the Office of the Superintendent of Public Works a notice of appeal, specifying the grounds thereof. � The Super:intendent of Public Works shall fox~thwith 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 fur- therance of the action appealed from unless the Superintendent of � Public Works certifies to the Board after the notice of appeal has been filed w:ith him that by reason of facts stated in the certificate _ a stay would� in his opinion� cause imminent peril to life or proper- � ty� in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court of record on application� on notice to the Superi.ntendent of � Public Works and on due cause shown. I � The Board sha.11 select a reasonable time and place for the hearing r. of the appeal and give due notice thexeof to the interested parties � and shall render a written decision on the appeal without unreason- � able delay. � I The Board may affirm or may� upon the concurring vote of five (5) '� members� reverse� wholly or in part� or modify the order� requirement� decision� or determination� as in its opinion ought to be done� and �- to that end shall have all the powera of the officer from whom the appeal is taken. � The Superintendent of Public Works shall maintain complete records of all actions of the Board relative to appeals� and shall keep the City Council informed on a current basis of the disposition of each case. L � -56- � � � — 8. Amendments: a. Statement of Purpose: It is recognized that changes in conditions _ within the City of McHenry may require that there be amendments from time to time to this zoning ordinance. Said amendments shall be made� if at all� only when it is found by the City Council� follow- ing a report of the Zoning Board of Appeals� that such amendments '" are required in the public interest. No amendments shall be made to this ordinance solely for the private interest of an applicant. While variations as herein provided are designed to relieve indi- — vidual hardship and the basis for variations is the injury which ma.y be caused to the individual by the general application of the provisions of this ordinance� the considerations upon which amend- ments shall be judged are directed exclusively to the welfare of the entire community. b. Authority; The regulations imposed and the districts created under — the authority of this ordinance may be amended from time to time by ordinance� but no such amendments shall be made without a public hearing before the Zoning Board of Appeals of the City of McHenry. c. Initiation of Amendment: Amendments may be proposed by the City Council� by the Plan Commission, or by any resident of or owner of property in the City of McHenry. ARTICLE XXII. RULES OF PROCEDURE AND CONDUCT. _. A. All petitions shall be brought in the name of the record title owner� or the owner or owners, of the beneficial interest, through their attorneys or authorized agents. If a contract purchaser or tenant shall be involved� either with or without a contingent right� the contract purchaser or tenant shall be revealed and become a second party to the petition� but such con- tract purchaser or tenant may not file without the owner. — B. Every appeal which shall be made to the Zaning Board of Appeals shall be i.nitiated in the following manner only: � 1. There shall be delivered to the City Clerk a proper petition requesting such hearing and setting forth the facts and details as prescribed by ordinance. 2. There shall be paid to the City Clerk 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 ascertaina.ble, in the opinion of the Superintendent of Public Works, then a plat of survey� made by a -57- � � � registered Illinois land surveyor� shall be attached to the petition when � filed� or shall be presented at the time of the hearing. _ !�. The petitioner� his attornay or his agent� shall also furnish the City � Clerk with the ftiill .names and addresses of the persona who have last paid taxes on all property contiguous to or abutti.ng the parcel or parcels con- _ cerned in the petition� including such taxpayers of record as may own � property across the road� street, or alley� which may abut the premi.ses concerned on one or more sides. It sha.11 then be the dut�y of the City Clerk to send such persons a copy of the publication notice concerning � the hearing� by certified mail. Petitioner shall furnish the City Clerk with as many copies of the publication notice as shall 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 ordi.nary reader � to accurately locate auch parcel. This description shall be in addition to the required metes and bounds or lot and block description. D. In the event objectors to any petition shall employ counsel to represent � them at the hearing� it shall be the obligation of such counsel to notify the petitioner� his attorney or agent� that he has been so retained •and � will be present to object. Such notice shall be delivered to the petitioner, his attorney� or agent� not later than four (4) days prior to the scheduled hearing date. Failure of objectors 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 discretion of the Zoning Board of Appeals by a majority vote. F. Attorneys may 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 � petition� along with a brief statement concerning their position. G. When the prayer of the petition requssts a change i.n classification only� (`' with no prayer for a variation 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� covering such particular use. . � � _5s_ � I _ I. The Public Hearin�: l. Call to order. 2. Parties of i.nterest in petition present. 3. Reading of the petition� verification of notice by publication and to abutting owners. 1�. Identification and recording of objectors� if any. — 5. Presentation of evidence by petitioner. 6. Questions by Zoning Board of Appeals members -- by others. 7. Presentation of evidence by objectors� if any. _ 8. Questions by Zoning Board of Appeals members -- by others. 9. Petitioner�s closing statement� if desired. 10. Adjouxnment. -- J. Any matter coming before the Zoning Board of Appeals by scheduled hearing may be heard by any three (3) or more members of the said Board. Should any less than three (3) members be present� any petitioner or objector� or _ representative 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 Board prior to the day of such voting meeting. The concurring vote of five (5) members of the Zoning Board — of Appeals shall be necessary to reverse any order,, requirement, decision� or determination of any administrative official, or to decide in favor of the appellant any matter upon which it is required to pass under this ordi- _ nance� or to effect any variation in this ordinance. Copies of the report of the Zoni.ng 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 the repart 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 attorney for petitioner to prepare a suitable ordinance incorporating the exact finding and recommendation of the Zoning Board of Appeals for submission w to the City Council in order to effect the amending or variance of the ordinance properly� should the City Council accept the reeommendation of the Zoning Board of Appeals. . M. The report of the Zoning Board of Appeals shall contain a short summary of the petition, locate the property� and the reasons advanced by the Zoning . _ Board of Appeals for rejecting or approving the prayer of the petition. The report shall also contain the recommendation of the Zoning Board of Appeals and shall indicate the making of the motion� the seconding thereof� and all -59- � � � 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 I denisd by the Zoning Board of Appeals and the City Council� shall not be � brought before the Zoning Board of Appeals again� until one year shall have _ passed from the date of the first public hearing� unless the prayer of the I petition shall request a different amendment or variation� 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 r of Appeals such reason� or reasons� as he feels should be sufficient to � justif�y a hearing on the plot or parcel within the one year period� ancl it shall be at the discretion of the said Board to allow or disallow such � subsequent hearing. 0. The Zoning Board of Appeals may postpone a vote on recommendation on any � petition for 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 COA'iMISSION. � A Plan Conunission is hereby authorized to �be established. The word ��Commission'� � when used in this Section shall be construed to mean the permanent Plan Com- _ mission. A. The Commission shall consist of not less than six (6) and no more than � twelve (12) members, all to be appointed by the Mayor of the City of McHenry� — by and with the consent of the City Council. The Mayor shall appoint one of the members as chairman. � B. No less than six (6) members� including the chairman� shall be appointed on the passage of this ordinance� and the Mayor sha].1 set a date for the first . meeting of the Commission. At said first meeting lots shall be drawn� and by the said lots� shall be determined that two (2) members shall serve for ` two (2) years� two (2) members shall serve for four (lt) years� and the balance shall serve for five (5) years. All subsequent members appointed to fill vacancies due to expiration of term shall be for a period of five (5) 1- years. Vacancies due to resignation shall be filled for the balance of the term vacated. L C. Powers and Duties: The Plan Commission shall hold such meetings as shall be � called from time to ti.me by the chairman, or at the call of any two (2) of its members. L L _60_ � I ��, _. Lnmediately followi.ng their appointment� the members of the Plan Commission 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 Commission shall keep written records of its proceedings, which shall be open at all times to public inspection. The Commission shall also file an annual report with the _ Mayor and City Council� setting forth its transactions and recommendations. The Commission shall prepare and recommend to the City Council of McHenry a plan or plans for the development and redenelopment of said City and contigu- _ ous uni.ncorporated territory not more than one and one-half miles beyond the corporate limits of said City and not included in any other municipality. Such a plan or plans when adopted by the City Council shall be known as the _ official plan� or part thereof� of McHenry. Such plan or plans may be adopted in whole or in separate geographical or functional parts� each of which� when adopted shall be the official plan, or part thereof� of McHenry. _ To provide for the health� safety� comfort and convenience of the inhabitants of McHenry and contiguous territory, such plan or plans shall establish reasonable standards of design for subdivisions and for resubdivisions of un- _ improved land and of areas subject to redevelopment� including reasonable requirements for public streets, alleys� ways for public service facilities� parks� playgrounds� school grounds� and other public grounds. — The Commission shall prepare and recommend to the City Council of McHenry from time to time� such changes in the plan or any part thereof as may be deemed necessary by the City Council or by the Plan Commission. The Commission shall prepare and recommend to the City Council from time to time� plans and/or recommendations for specific improvements in pursuance of _ such official plan. The Commission shall give aid to the officials of the City of McHenry� charged with the direction of projects for improvements embraced within the — official plan, to further the making of such improvements, and generally to promote the realization of the official plan. _, The Commission shall arrange and conduct any form of publicity relative to its activities for the general purpose of public understanding. _ The Commission shall cooperate with municipal or regional planning com- missions and other agencies or groups to further the ].ocal planning program and to assure harmonious and i.ntegrated planning for the area. — The Commission shall exercise such other 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 Act�� approved August 15� -61- �— � � 191G7-� and effective January l� 1942� as amended� as may be conferred by the � City Council of McHenry. _ D, Land Subdivision or Re-Subdivision: No map or plat of any subdivi.sion or � resubdivision presented for record�: affecting land within the corporate limits of the City of McHenry� or in contiguous territory outside of and distant not more than one and one-half miles from such limits and not in- � cluded in any other municipality� shall be entitled to record or shall be valid unless the subdivision thereon sha.11 provide for streets� alleys� and � public grounds in conformity with any requirements applicable thereto of such � bfficial plan� orCit of McHenry asapassed and approved ont e117th day of Ordinance of the y � April, 1961� and as subsequently amended. E. Improvements: The City Clerk shall furnish the Plan Commission for its con- sidsration a copy of all ordinances� plans and data relative to public im- � provements of any 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, Expenditures: The Commission may at the discretion of the City Council em- ploy necessary help whose salaries, wages, and other necessary expenses � shall be provided for by adequate appropriation made by the City Council from the public funds. If said Plan Commission shall 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. _ A ON AND CONFLICT. � ARTICLE XXIV. INTERPRET TI In interpreting and applying the provisions of this ordinance� they shall be I held to the minimum requirements for the promotion of the public safety, health� � It is not in- convenience� com£ort� morals� prosperity and general welfare. � tended by this ordi.nance to interfere with or abrogate or annul� any ordin�nce or rules� regulations or permits previously adopted or issued and not in con- �1ict with any of the provisions of this ordinance or which shall be adopted or � issued pursuant to law relating to the use of buildings or premises� nor is it intended by this ordinance to interfere with or annul any easements� covenants or other agreements between parties� provided� however� that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon L. height of bui.lding or requires larger open spaces than are imposed or required by such ordinances� rules� regulations or permits� or by easements� covenants� I or agreements, the provision of this ordinance shall control. L ARTICLE XXV. VIOLATION, PENALTY, _ENFOR.CII�IENT. � Any person, firm or corporation who violates� disobeys� omits, neglects, or re- -62- _ flises to comply with� or who resists the enforcement of any of the provisions of this ordinance shall� upon conviction� be fined not less than Ten ($10.00) Dollars, nor more than One Hundred ($100.00) Dollars for each offense. Each .day that a violation is permitted to exist shall constitute a separate offense. The — Superintendent of Public Works is hereby designated and authorized to enforce this ordinance. ARTICLE XXVZ. BOUNDARIES OF DISTRICTS. _ Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map the following rules shall apply: _ a. The district boundaries are either streets or alleys, unless other- wise shown and where the designations on the zoning map indi�ate that the various districts are approximately bounded by streets or alley lines, such alleys or streets shall be construed to be the — boundaries of such districts. b. Where the district boundaries axe not shown to be streets or alleys _ and where the property has been or may hereafter be divided into blocks and lots� the district boundaries shall be construed to be the lot lines� and where the designations on the zoning map indicate that the various districts are approximately bounded by lot Iines� '" such lot lines shall be construed to be the boundaries of such districts. _ c. Where the district boundaries are not shown by streets or alleys or lot or block lines� the district boundaries shall be determined by use of the scale shown on the maps. — ARTICLE XXVII. VALIDITY. --__� — Should any section or provi.sion of this ordinance be declared by a court of competent jurisdiction to be invalid� such decision shall not affect the validity of the ordinance as a whole or any part thereof� other than the par,t _, so declared to be invalid. � ARTICLE XXVIII, FEES. Any applications for a variation� amendment� or special use which is filed by� or on behalf of� the owner or owners of the property affected shall be accompa- _ nied by a fee of �fty ($s0.00) Dollars. -63- �� � � ARTICLE XXIX. PftIOR ORDINANCES REPEALED. ` Al1 ordinances, or parts of ordinances, heretofore passed and approved 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. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - � r he Zonin Ordinance of the � NOW� .THEREk'ORE� BE IT ORDAINED: That t g City of McHenry� as presently enforced� be and the same is hereby � amended. That this orclinance shall be in full force and effect from and after its passage and approval in accordance with the statutes � of the State of Illinois as made and provi.ded. It was moved by PITZEN and seconded by BR.OWN that the above ordinance � be passed. — Voting Aye: Bolger� Brown� Conway� Pitzen� Schaefer� Smith. � Voting Naye: None. + t Absent: None. � � I s) DONALD . DOHERTY , Mayor r R-� � ATTEST: ` (s) EARL R. ISH �" City Clerk L Passed and approved on the 12th day of March� A. D. 19b2, as amended� and as subsequently amended thereafter to and including the 30th day of April� 1966. � 1 -61t- � r