No preview available
HomeMy WebLinkAboutOrdinances - MC-04-847 - 04/05/2004 - various zoning ordinance text amendments incl fina"Ccpy. Y/ 1� ORDINANCE NO. Mr.-u,,A47 AN ORDINANCE ADOPTING VARIOUS TEXT AMENDMENTS TO THE CITY OF MCHENRY, ILLINOIS ZONING ORDINANCE WHEREAS, a petition has been filed by the City of McHenry requesting various text amendments to the City of McHenry Zoning Ordinance; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on November 20, 2003, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested zoning text amendments; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the zoning text amendments currently requested and approved by this ordinance are consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. That Article V, Table 7, Group H, of the City of McHenry Zoning Ordinance entitled "ADDITIONAL PERMITTED USES IN C-2 AND HIGHER - NUMBERED COMMERCIAL DISTRICTS" is hereby amended by adding thereto the following language to be inserted as a footnote to said Group H: "*Financial institutions, including banks, savings and loan associations, and commercial loan offices ("Financial Use") shall only be permitted in the C-5, Highway Commercial District where 1) the Financial Use possesses fee simple title or is party to an executed real estate sales contract to purchase fee simple title to property for a Financial Use within the District, upon the effective date of this Ordinance; and 2) subject to the Financial Use obtaining a City building permit within two years from the effective date of this Ordinance to construct such Financial Use." SECTION 2. That Article XIX, entitled "DEFINITIONS" is hereby amended by adding thereto the following language: "Assisted Living Residences: Residential dwellings, typically with less than 100 apartment units and many resemble large singe -family homes and house 30 to 60 residents, differing from congregate senior housing in one significant way -they include 24-hour protective oversight and assistance for individuals with functional limitations. Most offer private rooms with kitchenettes and common living and dining areas. Services 1 vary, but often include: assistance with activities of daily living; administration of medicine; first -aid and medical care for minor ailments; and round-the-clock protective oversight." "Bed and Breakfast Establishment: A house, or portion thereof, where short-term lodging rooms, with meals are provided for compensation." "Buildable Area: The area of the lot remaining after the minimum open space and setback requirements of this Ordinance have been complied with (cross reference diagram in appendix)." "Cluster Development: A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and the preservation of environmentally sensitive areas. (cross reference diagram in appendix)." "Conservation Area: Environmentally sensitive and valuable lands and other areas of significant biological productivity or uniqueness, protected from any activity that would significantly alter their ecological integrity, balance or character." "Conservation Easement: An easement granting a right or interest in real property that is appropriate to retaining land or water areas predominately in their natural, scenic, open or wooded condition; retaining such areas as suitable habitat for fish, plants or wildlife or maintaining existing land uses." "Development: The construction of a new building or structure having a total floor area in excess of 500 square feet, other than one single-family dwelling unit; expansion by more than 25% of an existing structure to which these regulations would apply if the structure were being constructed new; or activity that results in either more than 3,000 square feet of additional impervious area or more than one acre of hydrologically disturbed area; any of which may not be included within the definition of "Subdivision", as defined in these regulations (Cross reference Subdivision Control and Development Ordinance)." "Facade: The exterior wall of a building exposed to public view or that wall viewed by persons not within the building." "Findings of Fact: The written conclusions transmitted by the Planning and Zoning Commission to the City Council after careful consideration and deliberation of all evidence presented by all parties involved, including 2 written and oral testimony of witnesses, and its relative significance to the matter at hand." "Impervious Surface: Any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land (cross reference diagram in appendix)." "Independent Living Residences: Senior dwelling units designed for persons aged 55 years and older. These properties may or may not offer meal service to residents and typically offer a limited array of supportive care services and/or service coordination." "Industrial, Heavy: A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials or a use engaged in storage of, or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions." "Industrial, Light: A use engaged in the manufacture, predominantly from previously prepared materials of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products." "Lot, Flag: Lots or parcels that the City has approved with less frontage on a public street than is normally required (cross reference diagram in appendix)." "Marina: A facility for storing, servicing, fueling, berthing and securing and launching of watercraft that may include the sale of fuel and incidental supplies for the boat owners, crews and guests." "Permeable Surface: Any material that allows the infiltration of stormwater into previously undeveloped land." "Subdivision: Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, condominiums, tracts, or interests for the purpose of offer, sale, lease, or development whether immediate or future, either on the installment plan or upon any and all other plans, terms, and conditions. Subdivision includes the division or development of residential or nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument. Subdivision includes resubdivision and condominium creation or conversion. Subdivision includes any division of land that attempts to avoid the requirements of 3 these regulations (cross reference Subdivision Control and Development Ordinance." "Zero Lot Line: The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line (cross reference diagram in appendix)." SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS ITH DAY OF ^APRI L , 2004 AYES: NAYS: ABSTAINED: ABSENT: BOLGER, GLAB, LOW, MURGATROYD, WIMMER, CONDON NONE NONE PETERSON NOT VOTING: NONE APPROVED THIS TH DAY OF APRi L , 2004 ATTEST: CITY 7LK MAYOR rd DRIVI PARK PAC ULSIEN AV' -{;FMPO orgm "Act LIIUTXZ ACCESS To BUSY STREET p&qWMIAM AOCEZZ 'ION IEenei Ole/ ` . es I MINOR SIR= nor,-jvld;n tint dere:opmert lZOUND 0 SEZE TREES ,cC>rlZ,tTICN CF FERtMET—' n �i ,tv7 SZ��T ,"7i,"-.FS t�'FiE.� ALO`G RC.1•.;1 Ch Sii3L�3ER:' FERIMETERYARD + t15t' 5a1: 'oIera rA SDec1PS ilutiTi5CP3NG ar Lcr ��T 4 FL.OI. �7+GC I FLODD PLAIT FlJ ) (� STTZFILNS (---- FLODDWAY , - FLOOD PL.AIM - -"