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HomeMy WebLinkAboutOrdinances - MC-07-920 - 07/16/2007 - REPEAL AND UPDATE CHAPTER 7 BLDGS AND BUILDING CODOrdinance No MC-07- 920 An Ordinance providing for updates to and recodifying Chapter 7 of the City of McHenry Municipal Code BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois as follows: SECTION 1: That Chapter 7 Buildings and Building Regulations of the City of McHenry Municipal Code is hereby repealed and replaced with the following: Wa s BUILDINGS AND BUILDING REGULATIONS* ARTICLE 1. IN GENERAL Sec. 7-1. Office of Director of Community Development established; powers, duties. The office of Director of Community Development is hereby created in which is vested the power and duty to administer, and enforce all of the provisions of this Chapter and such related regulations as shall be assigned to that office from time to time by the City Council. That officer is meant wherever in this Chapter the term "Building Officer", 'Building Inspector" or similar description is used. The Director of Community Development shall be the head of the Community Development Department and shall be responsible for the efficient management and operation thereof, and for the enforcement of the building regulations, zoning ordinances and such other ordinances as the Council may from time to time specify. Sec. 7-1.1 Appointment of officer, assistants. The Director of Community Development shall be appointed by the Mayor, with the consent of the Council. Sec. 7-2. Permits in advance of work. It is hereby required that a permit be obtained in advance and all other requirements of this Chapter be complied with whenever a building or structure, or parts or appurtenances thereof, such as water supply, sewage disposal, plumbing installation and electrical installation, which are regulated by this Chapter, or a utility shed, is erected, installed, altered, converted, remodeled, structurally repaired, moved, demolished or changed. No permit may be issued for the construction of a building foundation exclusive of the permit for the construction of the building to which the foundation relates. * Cross references - Planning and Zoning generally, Ch. 17 (also see under separate covers); swimming pools, Ch. 22; water and sewers, Ch. 26; noise attending construction operations, Sec. 14-8(g); house numbering, Sec. 21-20; use of water during construction, Sec. 26-54 et seq. Sec. 7-3. Permit fees established, penalty fee. (MC-94-617; MC-02-809;MC-04-854;MC-06-895) The following fees shall be charged for permits required by this Chapter: TYPE OF CONSTRUCTION/PROJECT FEES A 1 RESIDENTIAL CONSTRUCTION a New Construction (single family, 2-family, multi -family) Plus plumbing review/inspection fees: Single-family dwelling 2-Family or multi -family dwelling $0.25/sq ft $112 $84/unit plus $28/bld b Additions Plus plumbing review/inspection fee Plus fee per plumbing fixture $0.25/sq ft ($50 minimum fee) $56 $1.50/fixture c Remodeling Plus plumbing review/inspection fee Plus fee per plumbing fixture $0.25/sq ft $50 minimum fee) $56 $.1.50/fixture 2 New Garage Construction $0.15/sq ft 3 Demolition of principal building on premises $100 4 Deck/Gazebo $25 5 Driveway $20 6 Fence $20 7 Raising, Shoring or Underpinning of Structures $15 8 Pools and Hot Tubs a Above -Ground $30 b In -Ground $75 9 Siding Installation $20 10 Stone, Brick Veneer $37.50 11 Utility Shed $0.10/sq ft ($20 minimum fee) 12 Minimum fee for all new residential construction including miscellaneous construction unless otherwise specified $22.50 13 Antenna/Satellite Dish $30 14 Central Air (new only) $25 15 Furnace (only if changing source) $25 16 Fireplace $50 17 Electrical Installation/U de $50 18 Window/Door Replacement $25 18 Sidin $20 19 Re -Roof $25 20 Sewer/Water Repair $25 21 Backflow Prevention Installation $50 TYPE OF CONSTRUCTION/PROJECT FEES B 1 NON-RESIDENTIAL CONSTRUCTION a New Construction: First 200 sq ft 201 sq ft — 20,000 sq ft 20,001 sq ft and above Plus plumbing review/inspection fee Plus fee per plumbing fixture $250 $0.08/sq ft $0.05/sq ft $215 $1.50/fixture b Additions: Plus plumbing review/inspection fee Plus fee per plumbing fixture $0.25/sq ft ($50 minimum fee; $10,000 max fee) $86 $1.50/fixture c Remodeling: Plus plumbing review/inspection fee Plus fee per plumbing fixture $0.25/sq ft ($50 minimum fee) $86 $1.50/fixture 2 Garage — Accessory Use Only (new construction) $0.15/sq ft 3 Demolition $200 4 Site Development Permit $50 5 Deck/Gazebo $50 6 Fence $25 7 Raising, Shoring,Underpinning Structure $50 8 Awning/Canopy $50 9 Drivewa $45 10 Elevator (new construction) $120 11 Antenna/Satellite Dish $50 12 Central Air (new) $50 13 Furnace (only if changing source) $50 14 1 Electrical Installation/Upgrade $75 15 Window/Door Replacement $45 16 Siding $45 17 Re -Roof $50 18 Lawn Sprinkler System $50 19 Sewer/Water Repair $45 20 Backflow Prevention Installation $50 21 Fire Protection/Sprinkler System $125 22 Incinerator/Crematory $50 23 Sheds $0.15/sq ft ($15 minimum fee) 24 Stone, Brick Veneer $37.50 25 Signs: a Non -illuminated $37.50 b Illuminated $50 c Portable/Temporary $30 fee plus $30 deposit 26 Minimum fee for all new non-residential construction unless otherwise specified herein $45 C RE -INSPECTION FEES: 1 Plumbing — residential Plumbing — non-residential $28 $43 2 All Others (after second failed inspection) $37.50 D. The aforesaid residential and non-residential permit fees shall be increased by 50% where construction has been commenced before a permit is issued for such work. E. All fees as are herein established or made, by Amendment, or hereinafter established by the City Council, shall be collected by the Community Development Department and deposited with the Finance Director. Sec. 7-3.1 Elevator/Chair Lift/Dumb Waiter Inspection fees. The following fees shall be charged for passenger elevator/chairlift and dumb-waiter/freight lift inspections: Semi-annual inspection: $50.00 (MC-89-508; MC-94-617) Sec. 7-4. Cash contributions for schools, park, Fire Protection District and library purposes as condition of approval for residential building permit; calculation; when payable; remittance to school district. As a condition of approval of an application for a residential building permit for the construction of any residential dwelling unit anywhere in the City on land for which a cash contribution has not been previously paid under the terms and provisions of Section 8 of the City's Subdivision Control and Development Ordinance, the applicant for such residential dwelling unit building permit shall be required to pay for school districts, park, Fire Protection District and library district purposes, a cash contribution per each residential dwelling unit to be constructed, calculated in accordance with the following schedule, which contributions shall be increased each May 1 by the percentage increase in the Chicago Area Consumer Price Index for the previous year, for purposes of this paragraph, the price index to be used for comparative purposes shall be that index published for the Annual Average Chicago Area CPI-U, as published by the U.S. Department of Labor, Bureau of Labor Statistics, beginning May 1, 1997: (MC-96-651) CONTRIBUTION PER RESIDENTIAL DWELLING UNIT FOR: - TYPE OF RESIDENTIAL TOTAL CONTRIBUTION DWELLING UNIT SCHOOLS PARK LIBRARY FIRE DIST. PER UNIT Single Family Dwellings: 2 bedroom or less $2366.00 $3571.00 $296.00 $296.00 $6529.00 3 bedroom 3847.00 5134.00 296.00 296.00 9573.00 4 bedroom 5329.00 6665.00 296.00 296.00 12586.00 5 bedroom or more 5476.00 6675.00 296.00 296.00 12743.00 DWELLING UNIT SCHOOLS PARK LIBRARY FIRE DIST. PER UNIT Apartments: Efficiency $ -0- $2291.00 $296.00 $296.00 $2883.00 1 bedroom -0- 3112.00 296.00 296.00 370400 2 bedroom 955.00 3397.00 296.00 296.00 4944.00 3 bedroom or more 4295.00 5407.00 296.00 296.00 10294.00 Townhouse, Row House, Quadriplex: 1 bedroom $ -0- $2112.00 $296.00 $296.00 $2704.00 2 bedroom 1989.00 3525.00 296.00 296.00 6106.00 3 bedroom 2252.00 4236.00 296.00 296.00 7080.00 4 bedroom 5421.00 5568.00 296.00 296.00 11581.00 (MC-91-560; MC-93-595; MC-96-651; MC-98-711; MC-99-746) The cash contributions required by the previous paragraph shall be payable to the City at the time application is made to the City for the issuance of such residential building permit. Such cash contributions shall be calculated pursuant to the above schedule on the basis of the type of residential unit to be constructed and the number of bedrooms specified in said application. Sixty-five percent of the cash contributions for school purposes shall be remitted to the grade school district affected by said subdivision development and thirty-five percent shall be remitted to the affected high school district. (MC-91-560) The City shall remit the cash contributions to the affected school district on a periodic basis no less frequently than annually. Such cash contributions, in lieu of school sites, shall be held in a special fund by the school district and disbursed by the school district for use in the acquisition of land for a school site to serve the immediate or future needs of children from that subdivision or development or for the improvement to any existing school site which already serves such needs, but not for the construction of any school building or additions thereto. Sec. 7-5. Duration of permit. (MC-03-829,MC-06-895) (a) Duration of Minor Permits. A minor permit shall be any permit issued for an accessory use listed in Table 19: Permitted Obstructions of ftuired Yards in the City of McHenry Zoning Ordinance. A minor permit shall expire and become invalid if a substantial construction start is not made within ninety (90) days after the issuance of said permit, and/or if construction is not fully completed within six (6) months after the issuance of said permit. In any of the aforesaid cases, no further construction shall be permitted until a new application has been submitted and approved and all fees have been paid in connection with the application for said minor permit or a letter of extension from the Community Development Director is issued. (b) Duration of Major Permits. A major permit shall be any permit not classified as a minor permit. A major permit shall expire and become invalid if a substantial construction start is not made within sixty (60) days after the issuance of said permit, construction is not completed, and a final inspection passed (Temporary Occupancy Agreement issued), within one (1) year after the issuance of said permit, or, if the building whose construction is authorized thereby has not had and passed a final inspection and a Certificate of Occupancy is not issued within two (2) years after the issuance date of said permit. In any of the aforesaid cases, no further construction shall be permitted until a new application has been submitted and approved and all fees have been paid in connection with the application for said major permit or a letter of extension from the Community Development Director is issued. Sec. 7-6. Certificate of Occupancy to be tiled with Township Supervisor of Assessments. The Director of Community Development shall file a Certificate of Occupancy, when issued, with the Township Supervisor of Assessments. Sec. 7-7. Occupancy Certificate required prior to occupancy or use. (a) No building, or structure or addition thereto erected, constructed, enlarged, remodeled, altered, reconstructed or moved after the effective date of this Section (11-19-84, MC-84-313) shall be occupied or used, in whole or in part, for any purpose unless and until an Occupancy Certificate shall have been issued by the Community Development Department certifying that the proposed use or occupancy complies with all provisions of the Zoning Ordinance and all other applicable ordinances of the City of McHenry. (b) Any person who erects or constructs any house, dwelling place, business or establishment or any other type of building or structure within the City of McHenry pursuant to a building permit issued by the Community Development Department before transferring possession to the whole or any part of such building or structure to any other person for any use as a dwelling, business establishment, or for any other purpose, shall secure an Occupancy Certificate from the Community Development Department certifying that such building or structure conforms to all applicable provisions and requirements of the City of McHenry Building Codes and the City of McHenry Zoning Ordinance. Sec. 7-8. Full compliance needed prior to issuance of Occupancy Certificate. (a) No Occupancy Certificate for a new use or a structure or addition thereto erected, constructed, enlarged, remodeled, altered, reconstructed, or moved shall be issued until the premises have been inspected by the Community Development Department and determined to be in full compliance with all of the applicable regulations for the zoning district in which it is located and construction completed pursuant to the following schedule: (1) Single family dwellingb`uilding permits: No Occupancy Certificate shall be issued unless and until the entire residence or residential structure or addition thereto shall have been substantially completed to the satisfaction of the Community Development Department. (2) Multiple family dwelling building permits: No Occupancy Certificate shall be issued unless and until any apartment unit or units of such building or addition thereto, shown by the plans and specifications of the permittee as an "area" or "suite", or an entire floor of the building or addition thereto shall have been completed and adequate safety measures provided pursuant to paragraph 4 below. (3) Commercial and industrial building permits: No Occupancy Certificate shall be issued unless and until any unit or units of such building or addition thereto, shown by the plans and specifications of the permittee as an "area" or "suite" to be treated as such unit shall have been completed and adequate safety measures provided pursuant to paragraph 4 below. (4) Safety precautions: In each instance where an Occupancy Certificate is requested for other than an entire building or addition to an existing building, the permittee shall have first provided and shall continue to maintain during the remaining construction to be done on said premises and until and Occupancy Certificate has been issued for every part of such building: (a) Fully completed ingress to and egress from the units for which the Occupancy Certificate is sought in order not to jeopardize the lives or property of the general public or any resident of such building; (b) Complete and total quarantine and isolation of all areas or units in the said building for which an Occupancy Certificate has not been issued; and (c) Separate ingress to and egress from areas under construction so as to keep workmen and building materials without the completed units to such building. Sec. 7-9. Requirements declared minimum. These rules and regulations set forth requirements which are considered reasonable and are held in every instance to be the minimum for the promotion of public health, safety, and the general welfare. Sec. 7-10. Effect of conflicts. In the event of a conflict between this Code, or any part thereof, and regulations and standards adopted by reference, the provisions of this Code shall govern and prevail. Sec. 7-11. Portable toilets. In the absence of permanent toilet facilities on the job site premises, an operable portable toilet shall be installed on the job site from the time that construction or remodeling begins until it is completed. In case of unusual circumstances, this requirement may be waived by the Community Development Department. Sec. 7-12. Minimum floor space requirements. Henceforth, no building permit for new residential construction shall be granted unless the floor area of the proposed residential construction shall equal or exceed the amount of the square footage hereinafter indicated opposite the residential use for which the permit is being sought: Minimum Square Feet of habitable living space: Type of Residential Construction Area Required Single -Family dwelling. 1,000 square feet Multifamily dwelling, one bedroom 650 square feet Multifamily dwelling, two bedrooms. 775 square feet Condominium units 900 square feet Efficiency apartment. 550 square feet Sec. 7-13. Where noninflammable materials required. (a) Any industrial building or structure erected shall be constructed of brick, cement or metal. (b) Any commercial building or structure erected shall be constructed of brick, cement or metal or shall have a minimum of two (2) hour fire -rated walls. Abutting walls shall be constructed of brick, cement or other material authorized by the Community Development Department. (c) The fire walls of all multi -family dwelling structures shall be constructed of brick, masonry or stone. Sec. 7-14. Use of streets restricted.* The use of streets for the storage of materials in the process of construction or alteration of a building may be granted where the same will not unduly interfere with traffic and will not reduce the usable width of the roadway to less than 18 feet. No portion of the street other than that directly abutting on the premises on which work is being done shall be used except with the consent of the owner or occupant of the premises abutting on such portion. Any person seeking to make such use of the street shall file an application for a permit therefore with the City together with a bond with sureties to be approved by and fled with the City Clerk, to indemnify the City for any loss or damage which may be incurred by it by reason of such use and occupation. * Cross reference - Sec. 14-21, Maintenance of streets during construction (MC97-671). Sec. 7-15. Obstructing, removing sidewalks. No sidewalk shall be obstructed in the course of building construction or alteration without a special permit from the City and whenever the removal of a sidewalk is required in such work a special permit from the City shall be obtained. Sec.7-16. Safeguards. It shall be the duty of the person doing any construction, altering or wrecking work in the City to do the same with proper care for the safety of persons and property. Warnings, barricades and lights shall be maintained wherever necessary for the protection of pedestrians or traffic; and temporary roofs over sidewalks shall be constructed wherever there is danger to pedestrians from falling articles or materials. Sec. 7-17- 7-18. Reserved. Sec. 7-19. Exterior wall materials. A minimum 75% of the exterior walls of all buildings and structures, and of all additions to existing buildings and structures, hereafter erected upon any premises which are classified under the Zoning Ordinance of the City of McHenry as RM-1 Low Density Multi -Family Residential District and RM-2 High Density Multi -Family Residential District shall be faced with brick, brick or masonry veneers, natural or case stone veneers or other masonry materials. A minimum of 50% of the exterior walls of all buildings and structures, and of all additions to existing buildings and structures, hereafter erected upon any premises which are classified under the Zoning Ordinance of the City of McHenry as RA-1 Attached Residential District shall be faced with brick, brick or masonry veneers, natural or cast stone veneers or other masonry materials. (MC-89-490) Sec. 7-20. Reserved (MC-06-895) Sec. 7-21. Garages required. (MC-06-895) No permit for the construction of a new single-family residence shall be issued and no new single-family residence may be constructed unless at least a one -car garage (either attached or detached) is included in the plans and specifications aM in such residential construction. No occupancy permit for such residence shall be issued until such garage is completed. A carport shall not satisfy the garage requirements of this Section. When an attached garage is sought to be converted to habitable living space, a new substitute garage must be constructed prior to the issuance of a conversion permit. No garage shall be smaller than twelve feet wide by twenty feet deep, with a door opening no less than nine feet wide by seven feet high. Sec. 7-22. Subsoil drains; discharge into sanitary sewer. (MC-01-776) Subsoil drains shall be provided around all foundations enclosing habitable or usable spaces located below grade and which are subject to groundwater conditions. Drains shall be installed at or below the area to be protected and shall discharge by gravity or mechanical means into a drainage system approved by the Community Development Department. The outlet of sump pump discharge piping shall be oriented to discharge water in the direction of the engineered drainage for the subdivision. No person shall discharge or cause to be discharged stonnwater, foundation drain water, groundwater, roof runoff, surface drainage, cooling waters, or any other unpolluted water into any sanitary sewer, onto any public street, sidewalk, or right-of-way, or onto abutting or nearby property, in such a manner as to cause a public or private nuisance. Sec. 7-23. Sidewalks in Commercial and Office Districts. No construction permit shall be issued in connection with any premises zoned Commercial or Office District unless a sidewalk meeting the specifications set forth in the City of McHenry Subdivision Control and Development Ordinance for commercial and business property is then in existence along the entire frontage of said premises, or, unless, the application for such construction permit shall include, as an integral part thereof, the construction of such sidewalk at the sole expense of the applicant or owner of the premises, in accordance with the terms and specifications of the City of McHenry Subdivision Control and Development Ordinance. No occupancy in connection with such construction permit shall be allowed until such sidewalk is properly installed and accepted by the City. Sec. 7-24. Burning of construction waste materials prohibited. It shall be unlawful to burn construction waste materials anywhere in the City. (MC-89-496; MC-89-500) Sec. 7-25. On -site storage of waste materials. Prior to their disposal from the construction site, all construction waste material shall be stored in a dumpster or shall be confined in such a manner so as to prevent the material from being scattered about by wind, persons or animals. (MC-89-500) Sec. 7-26. Spotted Surveys. (MC-003-829) A stamped and signed spotted survey, performed by a licensed professional land surveyor in the State of Illinois, shall be required for all new major permits after a building foundation has been poured and passed inspection but prior to the start of any framing. Said spotted survey shall indicate the finished elevation of the top of the building foundation, the distance from the foundation to the location of all property comers and any additional information as required. Sec. 7-27. Minimum floor elevation. (MC-03-829;MC-06-895)) The basement, crawl space or lowest floor elevation of any building shall be a minimum of 1 foot above the seasonal high water level as determined by an Illinois licensed professional soils engineer. Sec. 7-28 - 7-29. Reserved. Sec.7-30. Violations. (a) Any person who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Chapter, including provisions adopted by reference, or who refuses to remedy a violation of any such provisions or to remedy a hazard of fire, explosion, collapse, contagion, or spread of infectious disease found to exist and duly ordered eliminated shall be punished by a fine of not less than $25.00 nor more than $750.00 and each day upon which such violation continues shall constitute a separate offense. (MC-96-654) (b) A person licensed or registered by the State or a subdivision thereof to do work regulated by this Chapter or to render professional architectural or engineering service in connection therewith who violates the law or ordinance under which licensed or registered, or who violates this Chapter while carrying out such work or rendered service in connection therewith shall be reported by the Community Development Department to the Licensing Authority. Secs. 7-31-7-40 Reserved. ARTICLE H. ILLINOIS STATE PLUMBING CODE* * Cross reference — Water and Sewers generally, Ch. 26. Sec. 7-41. State Plumbing Code adopted. That a document, three copies of which are on file in the Office of the City Clerk of the City of McHenry, Illinois, being marked and designated as the "Illinois State Plumbing Code" current edition and amendments thereto are hereby adopted and incorporated herein by reference as and for the minimum code of standards of the City for plumbing and the fixtures, materials, design and installation methods of plumbing systems. (MC-89-493; MC-99-744) Sec. 7-42. Overhead sewers required. For all new structures, an overhead sewer shall be installed in the lowest level when the lowest level is 3 feet or less above the elevation of the crown of the street adjacent to the structure. Where installation of an overhead sewer is not possible due to building design, a check valve shall be installed within the interior of the structure. (MC-99-744) Secs. 7-43 - 7-50. Reserved. ARTICLE III. INTERNATIONAL BUILDING CODE/2000 ADOPTED (MC-00-756;MC-06-895) Sec. 7-51. Buildings and structures, other than one or two family dwellings. A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of McHenry, Illinois, being marked and designated as "International Building Code/2000" and annual supplements thereto, as published by the International Code Council (ICC), be and is hereby adopted for the control of buildings and structures, other than detached one or two family dwellings, as herein provided; and each and all of the regulations, provisions, penalties, conditions, and terms of the International Building Code/2000, are hereby referred to, adopted and made a part hereof, as if fully set out in this Article, with the following additions, insertions, deletions and changes: (1) The City of McHenry shall be inserted in the second line of Section 101.1 on page 1 of the Code. (2) Delete Sections 105.1.1 Annual Permits and 105.1.2 Annual Permit Records and 105.2 Work Exempt from Permit. (3) Section 106.1 Submittal Documents, Delete "one or more sets" and insert "a minimum of three sets". (4) "A site plan" should be deleted and "4 site plans and/or surveys" should be inserted in the second line of Section 106.2. (5) Section 105.6 Suspension of Permit, be and the same is hereby deleted. (6) Section 113.4 shall read as follows: "Violation Penalties: Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Building Official, or of a permit or certificate issued under the provisions of this Code, shall be punishable by a fine of not less than $25.00 nor more than $750.001. Each day that a violation continues shall be deemed a separate offense." (7) Section 114.3 shall read as follows: "Unlawful Continuance: Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than $50.00 nor more than $500.00. Each day that a violation continues shall be deemed a separate offense." (8) Reserved. (9) Delete the provisions of Code Sections 112.1 through 112.3 inclusive; insert Section 112.1 which shall read as follows: "Anneals. Any person aggrieved by any decision of the Building Officer may appeal therefrom to the City Council which may affirm, modify or reverse the decisions of the Building Officer. Thereupon, the Building Officer shall take action in accordance with the decisions of said City Council." (10) Insert "City of McHenry" in Section 1612.3 (11) Reserved. (12) Reserved. (13) Delete Section 3107, Signs. (14) Section 106.6 of the International Building Code (IBC), delete "one or more sets" in line 3 and replace with "three sets". (15) Section 106.0 of the International Building Code (IBC), insert "Landmark Commission approval required prior to demolition". (16) Reserved. (17) Section 110.3 of the International Building Code (IBC), Certificate Issued, delete line 5 starting with "that shall contain" to the end of Section 110.3. (18) Page 691 of the International Building Code (IBC), Chapter 35, Referenced Standards, Codes, delete `IPC-2000' and replace with Illinois State Plumbing Code'; delete IPSDC-2000 and replace with Illinois State Plumbing Code; delete IPSDC-2000. (19) Delete International Building Code (IBC) Section 3109, Swimming Pool Enclosures, and replace with `See Chapter 22, Swimming Pools, of the City of McHenry Municipal Code. (20) Reserved. (21) Appendix B — Board of Appeals, Delete Section B 101 General, and insert the following: "Appeals. Any person aggrieved by any decision of the Building Officer may appeal therefrom to the City Council which may affirm, modify or reverse the decisions of the Building Officer. Thereupon, the Building Officer shall take action in accordance with the decisions of said City Council." (22) Adopt Appendix — B as modified. (23) Insert "City of McHenry" in Section 1612.3 (24) Insert "July 5, 1983" in Section 1612.3. (25) Reserved. (26) Insert "the adoption date of the 2000 International Building Code (IBC) by the City of McHenry." (27) Chapter 35, Reference Standards, Code, delete reference to IEC-2000 International Electric Code. Sees. 7-52 — 7-60. Reserved. ARTICLE IV. INTERNATIONAL ENERGY CONSERVATION CODE 2000 Adopted (MC-06-895) See 7-61 The International Energy Conservation Code, 2000 as published by the International Code Council is hereby adopted as the energy conservation code of the City of McHenry, for the control of buildings and structures, as herein provided, subject to the following amendments: (1) Insert "the City of McHenry" in Section 10 1. 1 (2) In Chapter 9 Referenced Standards: ICC, delete references to IPC-2000 and IEC-2000. Sees. 7-62-7-70. Reserved. ARTICLE V. INTERNATIONAL FIRE CODE 2000 ADOPTED (MC-00-756;MC-06-895) See. 7-71. Control of buildings and structures. (MC-06-895) A certain document, three copies of which are on file in the Office of the City Clerk of the City of McHenry, Illinois, and which have been on file therein for a period in excess of 30 days prior to the adoption of this Ordinance, being marked and designated as "International Fire Code 2000", and annual supplements thereto, as published by the International Code Council, be and is hereby adopted for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions, and terms of "International Fire Code 2000" are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, with the following additions, insertions, deletions, and changes: (1) The words "City of McHenry" should be inserted in the second line of Section F-101.1 on page 1 of the Code. (2) Delete the provisions of Appendix A "Board of Appeals" and insert the following provision in the place thereof: Appeals. Any person aggrieved by any decision of the Building Inspector may appeal therefrom to the City Council which may affirm, modify or reverse the decisions of the Building Officer. Thereupon, the Building Officer shall take action in accordance with the decisions of said City Council. (3) The word "Illinois" should be inserted in Appendix A, the third line of Section 6. (4) Section 104.1 Add "The Building Officer is hereby referred to as the Fire Official". (5) Delete the provisions of Section 108 and insert: Any person aggrieved by any decision of the Building Officer may appeal there from to the City Council which may affirm, modify or- reverse the decisions of the Building Officer. Thereupon, the Building Officer shall take action in accordance with the decisions of the City Council. (6) Chapter 45, Referenced Standards, Codes, delete references to the IPC-2000 International Plumbing Code and replace with Illinois State Plumbing Code. (7) Delete Section 109.3 "Violation Penalties". (8) Section 111.4 line 5 insert "$50.00" in the less than box in line 5, and $500.00 in more than box in line 5. (9) Chapter 45, Reference Standards, Codes, delete references to "IEC-2000" "International Electric Code". Secs. 7-72-7-80. Reserved. ARTICLE VL INTERNATIONAL FUEL GAS CODE 2000 Adopted (MC-06-895) Sec 7-81 The International Fuel Gas Code, 2000 as published by the International Code Council is hereby adopted as the fuel gas code of the City of McHenry, for the control of buildings and structures as herein provided as follows: (1) Insert "the City of McHenry" in Section 10 1. 1 (2) Delete Section 103 (IFGC) in its entirety and replace as follows: "Section 103.1 General. It shall be the duty and responsibility of the Building Officer to enforce the provisions of the Property Maintenance Code. The Building Officer is hereby referred to as the code official". (3) Delete the provisions of Section 109 (IFGC) Means of Appeal in its entirety and replace with: "any person aggrieved by any decision of the code official may appeal therefrom to the City Council which may affirm, modify or reverse the decisions of the code official. Thereupon the code official shall take action in accordance with the decisions of the City Council." (4) In IFGC/IFGS Chapter 7 Referenced Standards: Codes, delete references to IPC-2000 and IEC- 2000. Secs. 7-82-7-90 Reserved. ARTICLE VH. INTERNATIONAL MECHANICAL CODE 2000 ADOPTED (MC-00-756; MC-06-895) Sec. 7-91. Control of buildings and structures. A certain document, three copies of which are on file in the Office of the City Clerk of the City of McHenry, Illinois, and which have been on file therein for a period of thirty days prior to the adoption of this ordinance, being marked and designated as the International Mechanical Code 2000, and annual supplements thereto, as published by the International Code Council (ICC) be and is hereby adopted for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the international mechanical code 2000, are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the following additions, deletions, insertions and changes: (1) The words "City of McHenry" should be inserted in the second line of Section 10 1. 1 on Page 1 of the Code. (2) Delete Section 106.5, Fees. (3) Delete Section 108.4 Violation Penalties. (4) Reserved. (5) Delete the provisions of Section 109.1 through 109.7 inclusive and insert the following provisions as and for Section 109.1: Section 109.1 Appeals. Any person aggrieved by any decision of the Building Officer may appeal therefrom to the City Council. Said City Council may affirm, modify or reverse the decisions of the Building Officer. Thereupon, the Building Officer shall take action in accordance with the decisions of said City Council. (6) Section 108.5 Stop work Orders, insert "$50.00" in amount box in line 13, and "$500.00" in amount box in line 14. (7) Page 98, Referenced Standards Codes, delete IPC-2000, ICC International Plumbing Code and replace with Illinois State Plumbing Code. (8) Reserved Sees.7-92-7-100. Reserved ARTICLE VHL INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED (MC-99-750; MC-06-895) Sec.7-101 The International Property Maintenance Code, 2000 as published by the International Code Council is hereby adopted as the property maintenance code of the City of McHenry, for the control of buildings and structures as herein provided, subject to the following amendments: (1) Insert "the City of McHenry" in Section 10 1. 1 (2) Delete Section 103 in its entirety and replace as follows: "Section 103.1 General. It shall be the duty and responsibility of the Building Officer to enforce the provisions of the Property Maintenance Code. The Building Officer is hereby referred to as the code official". (3) Delete in Section 106.2 line 2 "in accordance with Section IOT'. (4) Delete in Section 107.1 from line 5 "in the manner prescribed in Sections 107.2 and 107.3"; and delete from line 7 "108.3" and replace with "7-94 of the Municipal Code". (5) Delete Section 107.2 (6) Delete Section 107.3 (7) In Section 108.3 delete "107.3" from line 6 and replace with "7-94 of the Municipal Code". Delete last sentence from paragraph. (8) Delete Section 111 in its entirety and replace with "any person aggrieved by any decision of the code official may appeal therefrom to the City Council which may affirm, modify or reverse the decisions of the code official. Thereupon the code official shall take action in accordance with the decisions of the City Council." (9) In Section 302.4 delete "10 inches" and replace with "eight (8) inches". (10)In Section 302.7.1 delete "International Building Code" from second line and replace with "Section 22-20 of the City of McHenry, Municipal Code". (11) Delete the following text from Section [F] 303.3 "Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke of 0.5 inch (12.7mm)." (12) Delete Section 303.3, Line 4, starting with "Address Numbers. _." to the end of Section. (13) In Section 303.14 insert "April 1" to November 15t'". (14) In Section 506.1 insert "Cross connection of sanitary and storm sewers shall not be permitted". (15) In Section 602.3 delete lines 5 through 7 and replace with "heat during the period from September 15a' to June 1'` to maintain a temperature of not less than 68°F during the period between 6:30 a.m. and 10:30 p.m., and 650F at all other times, in all habitable rooms, bathrooms, and toilet rooms". (16) In Section 602.4 insert "September 15t` to June l'`" (17) Reserved. (18) In Chapter 8 Referenced Standards, Codes, delete references to IPC-2000 and IEC-2000. Secs. 7-102-7-110 Reserved. ARTICLE IX. INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS/2000 ADOPTED (MC-00-756; MC-06-895). Sec. 7-111. International Residential Code For One And Two Fancily Dwellings/2000 Edition adopted.(MC-06-895) A certain document, 3 copies of which are on file in the office of the City Clerk of the City of McHenry, Illinois being marked and designated as "International Residential Code 2000" Edition, and annual supplements thereto, as published by the International Code Council (ICC) is hereby adopted as the "Building Code of the City of McHenry, Illinois:, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the International Residential Code For One And Two Family Dwellings/2000 Edition, are hereby referred to, adopted and made a part hereof, as if fully set out in this Article with the following additions, insertions and changes, if any: (1) Delete the provisions of Section R-103 and insert the following provisions as and for Section R-103: Section R-103. Enforcement Officer. It shall be the duty and responsibility of the City Building Inspector to enforce the provisions of the "International Residential Code For One And Two Family Dwellings". The Building Inspector is herein referred to as the Building Officer. (2) Delete the provisions of Section R-112 'Board of Appeals" and insert the following provision in the place thereof. Section R-112.1 Appeals. Any person aggrieved by any decision of the Building Inspector may appeal therefrom to the City Council which may affirm, modify or reverse the decisions of the Building Officer. Thereupon, the Building Officer shall take action in accordance with the decisions of said City Council. (3) Delete the provisions of Section R-105, "Permits", and in the place thereof substitute the following: Section R-105 "Permits". The terms and provisions of Section 105 of the International Building Code 2000, are hereby referred to, adopted and incorporated herein as if fully set out in this Article. (4) Delete the provisions of Section R-106 "Construction Documents" and insert the following provisions as and for Section R-105: Section R-106. Plans and Specifications. The application for the permit shall be accompanied by not less than 2 copies of specifications and of plans drawn to scale, with sufficient clarity and detailed dimensions to show the nature and character of the work to be performed. When the quality of materials is essential for conformity to this Code, specific information shall be given to establish such quality; the Building Official may waive the requirement for filing plans when the work involved is of a minor nature. The Building Official may require the plans and specifications to be signed and sealed by an architect or structural engineer registered and licensed by the State of Illinois. (5) Reserved. (MC-93-589) (6) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Ground Wind Seismic Winter Flood Snow Speed Design Subject to Damage From Design Hazard Load mph Category Temp Weathering Frost Line Termite Decay Depth 30 80 1 Severe 42 inches Moderate to Slight to 68 degrees July 5, 1983 Heavy Moderate at 4 de es F (7) Add Section 309.6 as follows: Section 309.6 Attached Garages. Provide 4" concrete curb between building and attached garage or construct the garage floor a minimum of 4" below the adjoining foundation. Installation of house heating unit or other fuel burning appliance in the garage is not permitted unless a wall having a fire resistance rating of not less than 1 hour is installed separating the space containing the home heating unit and the garage space. (8) Section 311.1, paragraph 1, line 1, delete "one exit", and insert "two exits". (9 - 13) Reserved. (14) Chapters 29,30,31,32,33,34,35,36,37,38 are hereby deleted. See the Illinois State Plumbing Code. (15) Reserved. (16) Section 409.3 shall read as follows: Section 409.3 Removal of Debris. The under floor grade shall be cleaned of all vegetation and organic material, concrete forms and construction debris. Such material shall be replaced with granular fill or pea -gravel with a vapor barrier. A minimum clearance of 24 inches under floors or girders is required. (17) Reserved. (18) Insert Section 702.3.1.1: All interior walls and ceiling surfaces in habitable areas shall be covered with a minimum of 1/2-inch gypsum wall board or equal. An exception to the foregoing is the use of 3/8-inch gypsum wall board as backup for plywood paneling. No sheet rock is required for nominal 1-inch solid paneling. (19 - 21) Reserved. (22) Delete the provisions of Section 311.1, Doors and Hallways, and in the place thereof substitute the following: Section 3 l l.1 Doors and Hallways. The required exit doors shall be side -hinged and not less than 3 feet in width and 6 feet 8 inches in height, provided however, that a sliding glass door, not less than 6 feet in width, 6 feet 8 inches in height and having an opening not less than 30 inches wide may be substituted at the rear of the dwelling for one of such side -hinged exit doors. The minimum width of a hallway or exit access shall be not less than 3 feet. (MC-89-513;) (23) Section 309.2, delete'/z and replace with 5/8 type X. (24 - 35) Reserved. (36) Delete Chapters 29,30,31,32,33,34,35,36,37,38,Apendix B, Appendix C, and replace with "See Illinois State Plumbing Code". (37 - 38) Reserved. (39) Delete Section 702.5. (40) Delete Section 115 General, and replace with "see Chapter 22 of the McHenry Municipal Code, Swimming Pools". (41 - 43) Reserved. (44) Change all references in Section R-309.2 "Separation Required" from '/2" thick drywall to 5/8" fire code drywall. Sees. 7-112 - 7-120. Reserved. ARTICLE X. NATIONAL ELECTRIC CODE 1999 EDITION NFPA 70 (MC-00-756; MC-06-895) * Cross reference — Electrical requirements for swimming pools, Sec. 22-15. Sec. 7-121. Electrical Commission established; membership. There is hereby created an Electrical Commission consisting of 6 members as follows: the Director of Community Development shall be the Chief Electrical Inspector of the City and shall be a member and Ex-officio Chairman of the Commission; of the other five members, one shall be a Registered Professional Engineer, one an Electrical Contractor, one a Journeyman Electrician, one a representative of an Inspection Bureau maintained by the fire underwriters, if such a representative resides in the City, and if no such representative resides in the City, then the Chief of the McHenry Township Fire Protection District, and one representative of an electricity supply company. If there is no person residing in the City who is qualified under any of these descriptions, the Mayor of the City may appoint some other person to fill that position. All members of the Electrical Commission shall be appointed by the Mayor with the advice and consent of the Council. Sec. 7-122. Duties of Commission. Such Electrical Commission shall recommend safe and practical standards and specifications for the installation, alteration and use of electrical equipment in the City designed to meet the necessities and conditions in this locality, shall recommend reasonable rules and regulations governing the issuance of permits, and fees to be paid; however, such standards and specifications, rules and regulations, and fees shall not be effective until adopted by ordinance. Sec. 7-123. Permit, compliance required. No electric wiring for light, heat or power shall be installed, altered or extended in any buildings, structures or developments regulated by this Chapter except in conformity with the provisions of this Article and such rules as may be adopted and promulgated by the Building Officer under the provisions of this Article, and after receiving a permit. Sec. 7-124. Adoption of National Electrical Code. (MC-00-756; MC-06-895) That a certain document, three copies of which are on file in the office of the City Clerk of the City of McHenry, Illinois, being marked and designated as "The National Electrical Code", 1999 Edition NFPA 70, promulgated by the National Fire Protection Association, and amendments thereto, are hereby adopted by reference as and for the safe and practical standards for the installation, alteration and use of electrical wiring, apparatus and equipment in the City; provided, however, that where the provisions of the National Electrical Code and amendments thereto are in conflict with the provisions of the following sections of this article, or such amendments thereof as the City may hereafter adopt, such sections and amendments shall control. That the aforesaid three copies of the National Electrical Code and said amendments have been filed with the City Clerk for a period of at least 30 days prior to the adoption of this section. Sec. 7-125. Electrical service, wiring and grounding. (MC-06-895) The following exceptions and modifications are found necessary to meet conditions and shall prevail in the case of conflict thereof with any of the provisions in the National Electrical Code: (a) All commercial, industrial and multi -family residence service shall be in rigid conduit. All interior wiring in commercial, industrial and multi -family residences shall be in thinwall (EMT) conduit. (b) Single-family residence service shall be in rigid, IMC or in thinwall (EMT) metal conduit. All interior wiring in single-family residences shall be in BX or in thinwall (EMT) conduit or shall be grounded NM cable. (c) All underground wiring shall be in rigid conduit. 151 (d) All metal noncurrent carrying parts of enclosures of electrical equipment and metal boxes shall be grounded. The ground wire shall be secured to a cold water pipe when such pipe is available. If such pipe is not available, then the ground shall be secured to a ground rod at least eight (8) feet in length. No ground shall be secured to any fixture or fitting. All buildings having metal siding shall be grounded by means of 2 ground rods, 8 feet in length, located on opposite comers. (e) All electrical outlets, switches and light fixtures shall be provided with metal boxes, which shall be grounded. All lighting fixtures located above tubs and showers shall be ground fault interrupter (GFI) protected. (MC-03-829) (f) Wiring for dining rooms, kitchens, laundries and utility rooms in all residences shall not be smaller than No. 12 AWG wire and nor more than three (3) appliance outlets shall be located on any separate individual circuit. All furnaces, boilers, washers, dishwashers, air -conditioners, wells and sump pumps shall be wired on separate circuits of wire not smaller than No. 12 AWG. (g) The existing type of wiring may be followed where additional outlets are being installed in any existing structure. However, where a building addition is being constructed, the type of wiring in the existing structure shall not be followed unless such existing wiring complies with the provisions of this Article. (h) Meter sockets on new single-family construction shall be located on the side of the house closest to the source. Sec. 7-126. Establishment, composition, etc., Electrical Inspection Department There is hereby established an Electrical Inspection Department for the regulation of the installation, alteration and use of all electrical wiring, apparatus and equipment as provided in this Article. Such Electrical Inspection Department shall consist of the Electrical Inspector and such other employees as may, from time to time, be provided for by the City Council, and shall be a division of the Community Development Department, under the supervision of such Department. Such Electrical Inspec:tor shall be charged with the duty of enforcing the provisions of the rules and regulations relating to the installation, alteration and use of electrical equipment, as provided for in this Article, and shall function under the immediate supervision and control of the Director of Community Development. Sec. 7-127. Building Inspector to act as Electrical Inspector. The Building Inspector shall act as the Electrical Inspector and shall have all of the powers and perform all of the duties connected with that office. Sec. 7-128. Rough -in inspections. (a) No electrical installation or alteration shall be covered up or concealed before the electrical wiring, equipment and apparatus has been inspected and approved by the Electrical Inspector. (b) Whenever an electrical installation or alteration is ready for a rough -in inspection, a request for such inspection shall be made to the Community Development Department at least one full work day in advance thereof. The rough -in inspection shall be made as soon thereafter as it is practical for the Department to do so. Any electrical installation or alteration which has been concealed or covered up in violation of the provisions of this Section shall be completely opened up and uncovered by the owner of the premises upon the request of the Electrical Inspector. In addition thereto, the initial failure to have any electrical installation or alteration uncovered or opened for inspection shall be punishable by the payment of the fine provided for in Section 7-42. Sec. 7-129. Final inspections and certificates of approval. (a) It shall be unlawful for any person to turn on electrical power into any electrical wire or apparatus for temporary or for permanent electrical service, unless a certificate of approval has first been issued for such purpose by the Community Development Department. (b) When temporary or permanent electrical service is desired, it shall be the responsibility of the electrical contractor or other installer performing the electrical work to make a request to the Department for an inspection of the electrical work, such request to be at least one full working day in advance of the requested inspection. No certificate of approval for such temporary or permanent electrical service shall be issued until after the Department has completely inspected the electrical work and until such inspection discloses that the provisions and requirements of this Article have been fully complied with. (c) Certificates of approval shall be issued in duplicate. One copy thereof shall be retained as part of the records of the Department, and the other copy shall be delivered to the electric utility company. No electric utility company shall energize any temporary or permanent electric service until it has received a copy of the aforesaid certificate of approval. Sec. 7-130. Annual inspections. The electrical installations in all buildings and structures located in areas that are zoned for industrial, commercial, office or multi -family dwelling (where the dwelling consists of more than two (2) units) uses shall be subject to annual reinspections by the Electrical Inspector. Changes and alterations in the electrical installations may be ordered by the Electrical Inspector as a consequence of such annual inspection, where the public safety requires. Written notice of such changes or alterations shall be given to the owner of the premises by the Community Development Department, and such changes or alterations shall be made within 30 days after such written notice is given. The Community Development Department shall have the power to cause the current in any wire or conductor to be turned off wherever this becomes necessary, in its judgment, for the protection of life, limb or property. All changes and alterations made pursuant to such notice shall be inspected and approved by the Community Development Department. Sec. 7-131. Licensing and registration of electrical contractors. (a) It shall be unlawful for any person, firm or corporation to engage in the business of installing electrical conductors in the City, to be used for light, heat or power, or to engage in the business as an electrical contractor, without first having obtained a City license therefor; provided, however, that if such person, firm, corporation or electrical contractor is then licensed in another Illinois municipality as an electrical contractor, it shall not be necessary for such licensee to obtain an electrical contractor's license from this City, or to pay a license fee during the term of such foreign license. (b) All applications for an electrical contractor's license shall be made to the Community Development Department. Upon request for a license hereunder, the Department shall refer such application and applicant to the Electrical Commission for investigation and for such testing of electrical knowledge and work proficiency as may be required by the Commission. If the applicant is found by the Commission to be qualified for an electrical contractor's license, it shall instruct the City Clerk to enroll the name of the applicant on the register of licensed electrical contractors, and to issue to such applicant a certificate of registration. (c) The term of the electrical contractor's license shall be the calendar year, and the annual fee for such license shall be $25.00 except that where a license is issued for less than a full term, the fee shall be prorated on the basis of the number of months remaining in the calendar year for which the license is issued. (d) Any license issued hereunder may be revoked by the Electrical Commission for the violation by the licensee of any provision of this Article, and such revocation may be in addition to any monetary fine imposed by this Article. (e) No license issued hereunder shall be renewed for any subsequent term unless the City Clerk is authorized by the Electrical Commission to issue such renewal. Secs. 7-132 — 7-140. Reserved. ARTICLE JAI. FENCES* * Cross reference — Fences for swimming pools, Sec. 22-20. Sec. 7-141. Permit to erect; compliance with Article. No fence shall be erected in the City unless a permit is obtained in advance and unless such fence is erected in compliance with the provisions of this Article within 90 days after such permit is issued. An accurate sketch showing the proposed location of the fence on the premises shall be furnished to the Community Development Department at the time application is made for the permit to erect a fence. Fees for residential and non-residential fences as established in Section 7-3 herein. (MC-02-809) Sec. 7-142. Required fencing. Hereafter, no occupancy permit shall be issued for or in connection with a residential dwelling consisting of 2 or more dwelling units whose premises abut upon a railroad right-of-way, unless the owner thereof constructs a chain link fence at least 6 feet in height along the entire length of the common boundary line between the premises and said railroad right-of-way. (MC-88-442) Sec. 7-143. General standards. In addition to the standards prescribed in the following Sections of this Article, the following standards shall be followed in connection with all fences: (a) All fence posts and supporting fence members shall be erected so that after the fence is constructed they will face to the interior of the premises for which the fence permit is issued. (b) All chain link fencing must be installed knuckleside up. The use of spikes, broken glass, or other sharp or pointed instruments or materials intended or likely to cause injury to any person coming into contact therewith is prohibited. (c) Electrified fences, snow fences, chicken wire, hog and farm -style fences are prohibited. (d) No stone, masonry or concrete fence shall be constructed unless it is supported by a foundation and footing which shall extend at least 42 inches below the finished grade of the ground on both sides of the fence. Sec. 7-144. Standards for residential fences. The following standards shall be followed in connection with fences constructed on premises used for residential purposes: (a) Split rail fences may be erected anywhere in any front yard or side yard abutting a street provided however that the maximum post height thereof shall not exceed 42 inches. (b) No fence may be erected closer than 30 feet to a road right-of-way line, or, at the property owner's option, closer than the existing building line of the premises; except that a fence in a corner side yard may be located no closer than 5 feet from a corner side lot line, and if the corner side yard abuts the front yard of another lot, the fence shall have a setback of at least 15 feet. (MC-02-812) (c) No fence may be constructed on a corner lot which obstructs the clear view of motor vehicular traffic using the abutting streets. Side yard and rear yard fences may not exceed 6 feet in height from ground level, except that where residential premises abut onto premises used for business or industrial purposes, a fence not -to - exceed 8 feet in height from ground level may be erected. The use of barbed wire in residential fencing is prohibited. Sec. 7-145. Standards for industrial, commercial, office and nonresidential fences. The following standards shall be followed in connection with fences constructed upon premises used for industrial, commercial, office or nonresidential purposes: No fence shall exceed 8 feet in height from the ground level. The use of barbed wire is permitted only at heights in excess of 6 feet above the ground level and all barbed wire supporting arms shall slope inward toward the premises for which the fence permit is issued. Sec. 7-146. Dangerous or encroaching fences. It shall be unlawful for the owner, occupant or person in custody of any premises in the City, having a fence thereon, to permit such fence to exist in a state or condition which is liable to cause injury to any person or to property, or which is liable to collapse, or which encroaches upon or leans upon the premises of another. Sec. 7-147. Article does not limit height of tennis court fences: Nothing contained in this Article shall be construed to restrict or limit the height of chain link fencing for the enclosure of any tennis court. Sec. 7-148. Penalty for violation of Article. Any person violating any of the provisions of this Article shall be subject to a fine of not less than $25.00 nor more than $750.00. (MC-96-654) Secs. 7-149 - 7-160. Reserved. ARTICLE XIL MOVING Sec. 7-161. Permit required; application. No person shall move any building on, through or over any street, alley, sidewalk or other public place in the City without having obtained a permit therefor from the City. Applications for such permits shall be made in writing to the City and shall state thereon the proposed route and the number of days it is intended that the building should occupy any portion of any street, alley, sidewalk or other public place. Sec. 7-162. Approval of permit; fee. Upon the approval of the intended route by the City a fee of $200.00 for each day or fraction thereof that it is intended that the building shall occupy any such portion of any such public place shall be paid to the City -and the permit will be issued. (MC-94-617) Sec. 7-163. Bond required. Every person applying for a permit under this Article shall submit with his application a cash bond or bond with a lawful corporate surety to be approved by the City, conditioned on his compliance with all the provisions of this Article, and agreeing to pay and holding the City harmless from any claim which may be made against it by reason of the occupation of any street, sidewalk, alley or other public place by the building or structure moved. Sec. 7-164. Lights and warnings required. Whenever a street or alley is blocked by a house or structure which is being moved, warnings to that effect shall be placed by the Police Department so as to warn vehicles and persons from entering that portion of the street blocked. The person moving any building through the streets shall keep warning signs or lights on the building at night so as to guard against any person or vehicle from colliding with it. Sec. 7-165. Interference with utilities. Whenever it shall be necessary to interfere with wires or cables of a public utility in moving a building the terms of any special or franchise ordinance governing shall apply and the bond therein specified shall be given. If no such terms apply then the City Mayor shall estimate the expense of fixing the wires and the bond shall be given to cover this. Sec. 7-166. Interfering with fire alarm wire. When any moving building shall approach any fire alarm wire or pole which shall be endangered by the removal of such building it shall be the duty of the mover to notify the Chief of the Fire Department at least 6 hours before reaching such wire or pole so that they may be removed or cared for by the authorities of the municipality. Sec. 7-167 — 7-180. Reserved. ARTICLE XHI. PARABOLIC -DISH TYPE ANTENNAS See.7-181. Definitions. Parabolic or dish type communication �-elevz antennas as used herein shall mean any circular or similar dish -shaped transmitting or receiving antenna for communications or for transmitting or receiving television signals from a satellite. See. 7-182. Residential property. (a) No permit required. No permit shall be required for the installation and operation of a parabolic or dish type antenna where such antenna is totally enclosed within a residential building or where such antenna is one meter or less in diameter and meets all of the following requirements: (1) The maximum height does not exceed 35 feet as measured in accordance with the provisions of the Zoning Ordinance applicable to the Zoning District Classification of the subject property. (2) Shall not be located in a front or side yard of the subject property as such yards are defined in the Zoning Ordinance of the City of McHenry. (3) Shall comply with the remainder of the set -back provisions applicable to such property as provided for by the Zoning Ordinance of the City of McHenry. (b) Permit required. No parabolic or dish type antenna which is not totally enclosed within a building or which, if not so enclosed, is greater than one meter in diameter shall be installed until and unless an application for a construction permit has been filed with the City and approved by the Community Development Department. No such application shall be approved unless the construction plans and specifications accompanying said application shall comply with the following requirements: (1) The manufacturer's installation and operational manual, or a copy thereof, shall be filed with the application. (2) That said antenna shall be installed and operated in accordance with the specifications contained in the manufacturer's manual; provided, however, that such installation and operation shall otherwise comply with the terms and provisions contained in this ordinance. (3) The maximum height of the installation from ground level at the site shall not exceed 115 feet. (4) The antenna shall not be located in any front or side yard as such yards are defined for the subject property according to the terms and provisions of the Zoning Ordinance of the City. (5) The antenna and pertinent structures in connection therewith shall comply with the minimum set -back requirements for the subject property as provided in the Zoning Ordinance of the City. (6) The parabolic or dish type antenna shall not be in excess of 10 feet in diameter. (7) Such antenna shall be mounted directly upon the ground; the installation or mounting of such antenna on any roof or tower or similar form of structural support is hereby prohibited. (8) Such antenna shall be screened from the public view by a wood or masonry fence or shrubs having a minimum height of 6 feet. (omission from MC-84-292; included with revision of 3/4/97). Sec. 7-183. Non-residential property. (a) No permit required. No permit shall be required for the installation and operation of any parabolic or dish type antenna in a non-residential zone within the City if such antenna is either fully enclosed within the building structure or, if not so enclosed, is one meter in diameter or less in size and otherwise complies with the height and set -back requirements for such property as provided in the Zoning Ordinance of the City. (b) Permit required. No such antenna whose diameter exceeds one meter and which is not wholly enclosed within a building shall be installed and operated within the City unless and until an application for a permit has been filed with the City and approved by the Community Development Department. No permit shall be issued for such antenna unless the following requirements are met: (1) The manufacturer's installation and operational manual, or a copy thereof, shall be filed with the application. (2) That said antenna shall be installed and operated in accordance with the specifications contained in the manufacturer's manual provided, however, that such installation and operation shall otherwise comply with the terms and provisions contained in this ordinance. (3) The maximum height of the installation from ground level at the site shall not exceed 1:5 feet. (4) The antenna shall not be located in any front or side yard as such yards are defined for the subject property according to the terms and provisions of the Zoning Ordinance of the City. (5) The antenna and pertinent structures in connection therewith shall comply with the minimum set -back requirements for the subject property as provided in the Zoning Ordinance of the City. (6) All the terms and provisions of the Building Code of the City of McHenry are met Sec. 7-184. Application fees. As established in Section 7-3 herein. (MC-02-809) Secs. 7-185 - 7-190. Reserved. ARTICLE XIV. RESIDENTIAL TEARDOWN SITES AND INFILL PROPERTIES SPECIAL REQUIREMENTS MC-05-877 Sec. 7-191. Applicability. All residential teardown sites and infill parcels, as defined herein, shall be subject to the requirements of this Article. Sec.7-192. Definitions. For the purpose of this section, the following terms shall have the meaning herein described: (c) Public Meeting. The Teardown Committee shall hold a public meeting to consider the application. No meeting shall be held in the absence of a quorum, which shall consist of three members of the Committee. During the meeting, an applicant may present witnesses to speak on behalf of their project and the Committee shall have the right to question the applicant and any witnesses. (d) Teardown Committee Decisions. The Teardown Committee shall render a decision on an application, passed by a majority of its members in attendance, at the close of the public meeting. The Committee shall approve, approve with conditions, or deny an application based on the criteria herein. The Committee may not defer voting on any application for more than one meeting unless the applicant agrees to any further postponement. Applications approved, approved with conditions, or denied shall be forwarded to the development department and kept on file. (e) Resubmission. No application that has been denied by the Teardown Committee shall be resubmitted within one year of the date of denial, except on the grounds of new factual evidence or a change in conditions found to be valid by the Teardown Committee. Sec. 7-199. Appeals of Teardown Committee Decision. Any applicant aggrieved by a decision of the Teardown Committee may appeal to the City Council. (a) Notice of Appeal. A notice of appeal shall be filed with the development department within thirty days of the decision being appealed. The notice shall include the name, address and telephone number of the person filing the appeal, the address of the property affected by the decision being appealed, identification of the section of the ordinance governing the decision being appealed, a statement of the grounds upon which the appeal is based, the reason given by the Teardown Committee for the decision, a summary of factual evidence upon which the appeal is based, and all plans and specifications of the use affected by the decision being appealed. (b) Stay of Proceedings. The filing of a Notice of Appeal shall stay all proceedings in furtherance of the action appealed from. (c) Hearing and Action. Upon receipt, the development department shall transmit the Notice of Appeal and the complete record of the decision to the City Council. The Council shall fix a reasonable time for a hearing on the appeal and shall give a minimum of ten days notice to the party filing the Notice. (d) Approval Criteria for Appeals. The Council shall reverse the order appealed only if it finds that the decision appealed: 1) was arbitrary or capricious; or 2) was based on an erroneous finding of a material fact; or 3) constituted an abuse of discretion; or 4) was based on erroneous interpretation of this Article. Sec. 7-200. Landmark Commission Access to Structures for Salvage Purposes. Prior to the demolition of any structure on a teardown site or infill parcel, the property owner shall grant to the City of McHenry Landmark Commission permission to access such structure(s) for the purpose of salvaging items that may be of historical significance. These items may be placed into a museum for display purposes or sold to raise funds for historical preservation activities in the City. See. 7-201. Permit Time Limit. No permit or approval for a teardown site or infill parcel made pursuant to this chapter of the Municipal Code shall be valid for a period of more than one year after the date of issuance. The fee for any renewal or re -issuance of any permit or approval shall be the same cost as the original permit of approval. Sec. 7-202. Required Plans and Specifications for Obtaining a Building Permit. Every building permit application for a teardown site or infill parcel shall include the following plans and specifications: (a) Building Plans and Specifications (1) If the application includes demolition of a principal structure, the application shall include building plans and specifications, prepared in compliance with the provisions of this Chapter, for any structure to be built on the subject property. (2) If commencement of construction of such structure is not planned or does no occur within 30 days after completion of demolition, the application also shall include a detailed site restoration plan as provided in subsection (b) of this section. (b) Site Restoration Plans and Specification. If the application includes demolition of a principal structure and commencement of construction f a new structure is not planned or does not occur within 30 days after completion of demolition, the application shall include a detailed site restoration plan depicting all work required to restore the subject property, within 30 days after completion of demolition, to a safe, clean condition until construction of a new structure has commenced, including, without limitation, backfilling of any excavation, grading, seeding, fencing, storm water management, etc. (c) Storm water Management and Soil Sedimentation and Erosion Control Plans. In addition to all other City departmental regulations, ordinances, plans and specifications, the permit application shall include detailed plans and specifications for storm water management, soil erosion control and grading on the subject property. Such plans and specifications shall be on a drawing separate from all other plans and specifications labeled as "storm water management plans" and/or "soil sedimentation and erosion control plans". Such plans and specifications shall be prepared by a professional engineer, shall be made in conformance with the requirements of the City's subdivision and engineering guide and shall include a certification by the applicant, in a form provided by the City, that all requirements of the City's codes, ordinances, and regulations related to storm water management, soil erosion control and grading shall be satisfied by the applicant at all times. Among other details, the required storm water management plans shall include: (1) Drainage plans and soil erosion control during demolition, if any. (2) Storm water management and soil erosion control during any period of time between completion of demolition and commencement of construction. (3) Storm water management and soil erosion control, commencing with the preparation for foundation pouring and continuing during the entire new construction process until final grading of the subject property. (d) Accessibility, Parking and Loading Plans. The permit application shall include separate plans and specifications, showing the location of all work affecting, and all parking and loading activities planned to take place on, public streets, sidewalks, and other rights -of -way. Such plans and specifications shall include, but not be limited to the: (1) Location of pavement, sidewalks and trees that may be affected by the proposed work; (2) Impact on such pavement, sidewalks and trees; (3) Proposed location for all parking of contractor and worker vehicles; (4) Proposed location of any loading or unloading activities, including concrete to occur within any right-of-way; (5) Proposed location of the gravel mat required by section 7-205(c); (6) Proposed fencing or other protective measures; and (7) Temporary pavement or other temporary accessibility measures. (e) Materials and Spoils Storage Plans. The permit application shall include plans depicting the proposed location for storage of materials and spoils on the subject property that are consistent with City soil and sedimentation and erosion control requirements. (f) Dust and Airborne Particle Control. The permit application shall include provisions for controlling dust and other airborne particles from the subject property, including, without limitation, a source of water and spraying equipment, and any other measures to be taken to control airborne particles. Sec. 7-203. Fencing. (a) If a permit issued by the City authorizes demolition or construction of a new structure, then the applicant shall install a six-foot chainlink fence around the perimeter of the structure under construction, around the perimeter of the entire site, or around the perimeter of adjacent structures concurrently under construction, and such installation shall be in a location and manner approved by the development department. The fencing shall be installed not more than seven days, nor less than four days before commencement of any work on the subject property, including mass grading and the installation of site utilities, pursuant to any permit issued by the City. Such fencing shall remain in place until a certificate of occupancy is issued for the structure. The location of the perimeter fencing may be changed during the construction period with the approval of the development department. "No Trespassing" signs shall be mounted on the fencing in conspicuous locations around the site. (b) Any gate in a perimeter fence must be closed at all times, except to allow ingress and egress to and from the site. Such gate must be locked at all times, other than permitted hours of construction, and at any other time when no work is being performed on the site, for example Sunday or holidays. (c) Fencing, as provided in this section, shall also be required around any activity, whether a building permit is required or not, where construction or landscaping materials are stored or stockpiled. (d) In addition to perimeter fencing as required in this section, the permit applicant shall cause safety fencing to be installed around every tree in the parkway abutting the subject property. Such tree fencing shall be located, as far as feasible, at the dripline of the tree, whether on public or private property; provided, however, that this subsection shall not be construed or applied to authorize placement of tree fencing on private property not owned by the applicant, unless proper permission for such tree fencing has been secured from the property owner by the applicant. If placement of tree fencing is not feasible at the dripline of the tree, then such fencing shall be installed in a location approved by the development department. (e) When a violation of this section is observed, the permittee, general contractor, or property owner shall be notified promptly and shall correct the violation within two hours of receiving notice thereof. If the violation is not corrected, the City shall have the right, but not an obligation„ to correct the violation. The costs and fees associated with such corrective action shall be charged to the permittee or property owner, and the City may place a lien on the property to collect such costs. The City shall also have the right to issue an immediate stop work order applicable to the site until compliance is achieved and/or the costs, fees or fines are paid. Sec. 7-204. Tree Removal Fee. A fee of $50 per inch caliper shall be paid at the time of permit issuance, for any tree having a caliper of 10" or more, measured 4" from the ground that is removed from a teardown or infill site. The fine for removing any tree not specified on an approved permit shall be $500, plus $250 for every inch caliper. Sec. 7-205. Site Management Standards. The following site management standards shall apply to all work: (a) Accessibility, Parking and Loading. No pavement or sidewalk within any public right-of-way shall be unavailable for public use at any time, except when such pavement or sidewalk is removed and replaced. No such pavement or sidewalk that is removed and replaced shall be out of service for more than three days without the prior approval of the development department. No parking, loading, or storage of demolition debris, soil or construction materials shall be permitted within any right-of-way, or any public property or within ten feet of any right-of-way adjacent to public or private property, unless specifically approved by the City and shown on approved accessibility plans as required by section 7-202(d). The City may prohibit parking in any particular location on a public right-of-way if the City determines that such parking has an adverse impact on neighboring property or traffic control. All uses of vehicles shall comply with applicable codes related to parking and time of operation of vehicles. (b) Particulate Control. Airborne particles shall be controlled at the subject property at all times during work by means of a water truck and spraying equipment or other water source capable of spraying and thoroughly saturating all portions of the structure and surrounding property affected by the work. Such spraying shall be undertaken at all times as necessary to thoroughly control the creation and migration of airborne particles, including, without limitation, dust, from the subject property. (c) (gravel Mat. When determined by the City Engineer to be appropriate and practicable, the applicant shall cause a gravel mat to be installed on the subject property, of a size and in a location sufficient to wash down all vehicles used on the subject property and to cause dirt and mud to be removed from the tires of such vehicles. The gravel mat shall be located so as not to interfere with airy use by the public of the public rights -of -way and not to cause any nuisance or inconvenience to adjacent public or private property. (d) Sanitation facilities. A portable toilet shall be provided at every site of construction of a new principal structure, or addition thereto, prior to the commencement of construction, unless an existing facility is available on the construction site. The proposed location of any portable toilet shall be depicted on plans submitted at the time of application for the review and approval of the building department, so that the location shall have the least possible impact on adjacent properties. (e) Litter and Debris Control and Cleanup. Littler and debris at the subject property shall be: controlled at all times. The applicant shall designate a person regularly present at the subject property as having responsibility to assure that no litter or debris leaves the subject property and that all litter and debris is removed from the subject property before the end of every day, including weekends, and regardless of whether work was conducted that day on the subject property, The permit shall specify the location of the dumpster, as approved by the community development department. (fl Street and Sidewalk Cleaning. The applicant shall cause all dirt, mud, gravel, and other debris from the subject property or related to any work conducted on the subject property to be cleaned regularly from all sidewalks and streets adjoining and in the area of the subject property on every day that construction occurs on such property. (g) Entry Authorization. No permit issued pursuant to this chapter shall authorize or be construed to authorize any entry onto property adjoining the subject property or any work for which entry onto property adjoining the subject property is or may be necessary, unless a proper right of entry has been secured from the owner of such property. (h) Storm Water Management. Storm water shall be managed during all phases of demolition and new construction so as not to impact adjacent properties and/or public rights -of -way in accordance with the requirements of the subdivision and engineering guide. (i) Wastewater Discharge. No person shall undertake any work pursuant to a permit issued under this chapter from which the discharge of any wastewater will be caused or associated, without prior approval of the Director of Public Works. It shall be the duty of the person undertaking any such work to direct all wastewater flow to the particular location designated by the Public Works Department. No person undertaking such work shall cause or allow any cement truck wash to be discharged onto any public property o into any catchbasin or other City sewer facility. (j) Limitations of Noise. All work undertaken pursuant to a permit issued under this Article shall be subject to the provisions of Municipal Code Chapter 14, Section 14-8 herein, related to the limitations on noise. Further, no person shall operate or cause to be operated any radio, phonograph, telecommunications device nor other such object at such a volume or in any other manner that would cause a nuisance or disturbance to any person. Every contractor and permittee shall be responsible for all actions of their employees, agents, and subcontractors under this subsection, and shall be liable for all violations of the provisions of this subsection committed by such employees, agents, or subcontractors. (k) Permissible Hours of Construction. All work undertaken pursuant to a permit issued 'under this Article may occur only between the following hours: 1) 7:00 a.m. - 8:00 p.m. on weekdays 2) 8:00 a.m. - 4:00 p.m. Saturdays. Sec. 7-206. Commencement of Construction or Site Restoration. Either construction of an approved new structure shall have commenced, or the subject property shall have been fully restored in conformance with the approved site restoration plan, if any, or with such other plan as may be approved by the City, within 30 days after the completion of the demolition. Such 30-day period may be extended by one day for every business day that weather conditions prevent construction or restoration work on the subject property, as determined by the Director of Community Development. Sec. 7-207. Violations; Penalties. (a) Except as otherwise indicated, any person who violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this article shall be fined not less than $500, nor more than $1,000. Each day such violation or failure to comply is permitted to exist after notification thereof shall constitute a separate offense. (b) No certificate of occupancy shall be issued for any construction undertaken in conjunction with the provisions of this article until such time that all penalties and fines have been resolved to the satisfaction of the Director of Community Development. Sec 7-208-7-215. Reserved. ARTICLE XV. SOLAR ENERGY. Sec. 7-216. Definitions. As used in this Article, the following terms shall have the following meanings, unless the context clearly indicates a different meaning: Collector: (same as solar collector). Enforcement Officer: The Building Officer of the City, or any employee authorized by him to act under this ordinance. Low slope roof. A roof with a slope of less than 4 inches vertically for every 12 inches horizontally, or less than 33 centimeters vertically for every meter horizontally. Reflector: Any device designed or intended to reflect the sun's rays to a solar collector or designed to concentrate the sun's rays on a solar collector. Snow load: The greatest weight of snow to be anticipated from any snowfall in the City, to be calculated from United States Weather Bureau statistics. Solar cell: Any device designed or intended to produce electricity directly from the energy of sunlight, without moving parts. Solar collector: Any device designed or intended to collect energy from the sun and use that energy to heat air, other gas or liquid to be transmitted through pipes or ducts for heating or energy purposes. A window letting sunlight directly into a room to be heated is not a solar collector. Solar component: Any solar collector, solar engine, reflector, pipe, duct or other component of a system using solar collectors or solar engines. Solar energy engine: Any device designed or intended to produce motion from heat generated by sunlight; such motion may be by turning a wheel, pulley or gear, or by moving a shaft back and forth. The motion may be produced by a sterling engine, a steam engine, or any mechanical device using heat and light from the sun. Solar panel: A solar collector in the shape of a panel, regardless of the thickness of the panel. Wind load: Pressure of wind against any object or structure, such as a solar collector. Sec.7-217. Scope. This ordinance shall apply to all solar collectors and all component parts of a solar system using solar collectors, installed in the City. Solar energy engines are also regulated by this ordinance, whenever such an engine or any part of such engine is mounted on a roof. This ordinance shall cover not only solar collectors on new buildings being constructed but also solar collectors on existing buildings. No such solar collector shall be installed without complying with the terms of this ordinance. Sec. 7-218. Permit required. No solar collector or solar engine shall be installed or constructed without a permit having been issued for the solar collector. Applications shall be accompanied by drawings or blueprints showing the locations and clearances from the roof of all existing and proposed solar collectors, ducts, pipes, controls and other components, including those parts of the system to be installed on the roof or above the roof and those parts of the system to be installed elsewhere in the building. Methods for installing pipes through the roof shall be indicated. The slope of the roof shall be indicated. The application shall be accompanied by specifications for any manufactured components to be installed and shall contain a complete description of any components to be fabricated on or off the site for the installation. Sec. 7-219. Location; height and set -back. All solar collectors shall be installed either on the roof of the main building or shall be otherwise incorporated into and made an integral part of the main building itself. The maximum height and set -back regulations of the City Zoning Ordinance shall be observed. Sec.7-220. Slope. No solar collector, solar engine or accessories, pipes or ducts for any solar collector or solar engine shall be installed on any roof having a slope of less than two percent (one-fourth of an inch per foot or 2 centimeters per meter). Sec. 7-221. Installations on low sloped roofs. Installations on low sloped roofs shall comply with the following requirements: (a) Clearances: All collectors, reflectors, engines, pipes, ducts and other components shall have sufficient clearance between the roof and the installation to permit roof repairs to be made and to permit circulation of air to avoid constant dampness, considering the configuration and location of the solar components and the roof. A space of 2 feet or 61 centimeters shall be adequate clearance in all instances, provided that a smaller space shall be permitted if it can be demonstrated that all normal repairs and resurfacings of the roof may be made under the proposed clearances. The clearances required herein shall not apply to vertical pipes installed through the roof surface or installed outside of the outside walls to provide access to solar components. (b) Load capacity: No solar component shall be installed on any roof unless the roof has sufficient capacity to hold the weight of the roof, the weight of the solar components and the anticipated snow load. The weight of fluid to be used in any panels, pipes or other components will be included in the calculations of load. In determining the anticipated snow load, the effect of the solar components on causing drifting shall be considered. If the rated capacity of the roof structure is at least one and one-half times the weight of the roof components, the solar components and the anticipated snow load, the roof structure shall be deemed to have sufficient load capacity. (c) Protection from drifting or sliding snow: On any installation where solar collectors, solar engines and reflectors may cause snow to drift on a roof, provisions shall be made by snow fences, chutes or other barriers to prevent snowdrifts from accumulating on the roof. Wherever a solar collector, or other solar component may cause snow to slide, the part of the roof where the snow may accumulate as a result of sliding shall have sufficient capacity to hold the weight of the snow anticipated to accumulate because of sliding. Wherever the location and slope of a solar collector or other solar component may cause snow to slide onto any doorway, sidewalk or other place used by pedestrian traffic, protection in the form of chutes, awnings or other devices shall be provided to prevent any snow from sliding onto any such doorway, sidewalk or other place. (d) Roof penetration: Wherever any pipe, duct or other solar component penetrates the surface of a roof; the roof shall be protected from leaks in the manner provided for any stack, pipe or conduit penetrating the roof surface. (e) Roof preparation: Before any solar component is installed, the roof shall be inspected and any repairs and maintenance work needed shall be done to put the roof in leak proof condition. Sec. 7-222. Installations on roofs other than low sloped roofs. All of the requirements for installations on low sloped roofs shall apply to installations on roofs other than low sloped roofs, except that in lieu of clearance from the roof, a solar panel may be attached flush to the roof. Such solar panel may be an integral part of the roof, providing a waterproof cover, with a waterproof seal between the panel and the rest of the roof. If such panel is not made an integral part of the roof but is attached flush with the roof, the top and sides of the panel shall be sealed where they meet the roof surface or shingles, to prevent water from getting under the panel. Sec.7-223. Access. Any roof over three stories above the ground shall be provided with a means of access other than an outside ladder against an outside wall. No solar components shall be installed in a location so as to interfere with walkways on any roof. Sec. 7-224. Leak proof components. Each solar component which may contain any liquid or gas shall be designed and constructed to prevent the leakage of any liquid or gas under any combination of temperature and pressure possible either during use or when the system is not in use. Sec. 7-225. Wind pressure. Each solar collector, solar panel and solar engine shall be securely anchored to withstand the maximum wind pressure anticipated, considering the effects, if any, of the solar components in channeling wind, and without considering the weight of any liquid in the components. Sec. 7-226. Inspections and repairs. Each solar collector, reflector, solar engine and all solar components shall be inspected at least once each year. Such inspections shall be at the owners expense, and may be made by any qualified person selected by the owner. The inspection shall include looking for any evidence of dampness on the roof due to shading, lack of air circulation or leaks, and shall include examining the structural parts securing all components. A certified report of such inspection shall be filed annually by, or on behalf of the owner/applicant with the Building Officer on or before March 1 of each year. Sec. 7-227. Innovative designs. Nothing in this ordinance shall be interpreted as prohibiting any innovative design. Any design not specifically permitted by this ordinance may be installed, upon a showing that the proposed system of solar components will achieve the safety objectives and structural objectives of the provisions of this ordinance. Sec. 7-228. Adjoining property. Nothing herein contained nor any permit issued hereunder, shall be constructed to restrict or limit the use and development of any adjoining or other premises. Secs. 7-229 - 7-240. Reserved. ARTICLE XVL STORM SEWERS (MC-89-474) Sec. 7-241. Drainage required. Roofs, paved areas, yards, courts and courtyards shall be drained into a storm sewer system or a combined sewer system where such systems are available. Sec. 7-242. Inspection and approval. All storm drain construction, including connection to the municipal storm sewer system, shall be subject to the inspection and approval of the Director of Public Works, and no installation shall be covered in such manner as to prevent reasonable inspection until 48 hours after notice has been given to the Director of Public Works that such construction is ready for inspection. Sec.7-243-7-250. Reserved. ARTICLE XVIL SUBSTANDARD AND DANGEROUS BUILDINGS Sec. 7-251. Defined. All buildings or structures which have any or all of the following defects shall be deemed "sub -standard" or "dangerous" buildings: (a) Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base. (b) Those which, exclusive of the foundation, show 33% or more, of damage or deterioration of the supporting member or members, or 501/o of damage or deterioration of the non -supporting enclosing or outside walls or covering. (c) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used. (d) Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the City. (e) Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein. (f) Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein. (g) Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication. (h) Those which have parts thereof which are so attached that they may fall and injure members of the public or property. (i) Those which because of their condition are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of the City. (j) Those buildings existing in violation of any provisions of the Building Code of this City, or any provision of the Fire Prevention Code, or other ordinances of this City. Sec. 7-252. Standards for repair, vacation or demolition. The following standards shall be followed in substance by the Building Officer and the City Council in ordering repair, vacation, or demolition: (a) If the substandard or dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this Article it shall be ordered repaired. (b) If the substandard or dangerous building is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants it shall be ordered vacated. (c) In any case where a substandard or a dangerous building is at least 50% damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this ordinance it shall be demolished. In all cases where a substandard or dangerous building is a fire hazard existing or erected in violation of the terms of this Article or any ordinance of the City or statute of the State, it shall be demolished. Sec. 7-253. Nuisance declared. All substandard or dangerous buildings within the terms of Section 7-91 are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinabove and hereinafter provided. Sec. 7-254. Duties of Building Of icer. The Building Officer shall from time to time: (a) inspect or cause to be inspected semi-annually, all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings for the purpose of determining whether any conditions exist which render such places a substandard or dangerous building within the terms of Section 7-251. (b) inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this Article. (c) inspect any building, wall or structure reported (as hereinafter provided for) by the Police Department of this City or Fire District as probably existing in violation of the terms of this .Article. (d) inspect buildings in any other section of the City as directed by the City Council to determine whether they are substandard or dangerous buildings within the terms of this Article. (e) by mail, notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of McHenry County of any building found by him to be a "substandard" or "dangerous building" within the standards set forth in Section 7-251 that: (1) the owner must vacate, or repair, or demolish said building in accordance with the terms of the notice of this Article; (2) the occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession; (3) the mortgagee, agent or other persons having an interest in said building as shown by the land records of the Recorder of Deeds of McHenry County may at his own risk repair, vacate or demolish said building or have such work or act done; provided, that any person notified under this subsection to repair, vacate or demolish any building shall be given at least 15 days written notice by mail to do, or have done, the work or act required by the notice provided for herein. (f) set forth in the notice provided for in subsection (e) hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure a substandard or dangerous building, and an order requiring the same to be put in such condition as to comply with the terms of this Article, within such length of time, not exceeding 30 days, as is reasonable. Sec. 7-255. Action of City Council. If the owner or owners of such building or structure fails, after due notice, to cause such property to conform to the minimum standards as set forth in the applicable ordinances of the City, the City Council may authorize the City Attorney to make application to the Circuit Court for an injunction requiring compliance with such ordinances or for such other order as the Court may deem necessary or appropriate to secure such compliance. Secs. 7-256 — 7-270. Reserved. ARTICLE XVHI. WIND ENERGY CONVERSION SYSTEMS (WECS) See.7-271. Definition. "Wind Energy Conversion Systems (WECS)" shall mean any device that converts wind power to another form of energy, such as electricity or heat (also referred to by such common names as Wind Charger, Wind Turbine, or Wind Mill). Sec. 7-272. Permitted in all zoning districts. WECS shall be considered a permitted use in all zoning districts within the City and shall comply with the terms and provisions of the Zoning Ordinance of the City applicable to the subject property and with the terms and provisions of this ordinance, whichever are the more stringent. Sec. 7-273. Application for permit. No WECS shall be installed or operated within the City unless a written application shall first have been made to the City and a permit issued to allow such construction and operation. The applicant requesting a permit for a WECS shall furnish the City scaled drawings and other information with sufficient detail to show full compliance with the terms and provisions of this ordinance, including but not limited to, a plot plan of the premises showing lot lines, the precise location of all buildings and structures on the subject premises, the precise location of the proposed WECS device, and the location of all buildings and structures having a height in excess of 15 feet on all residential properties located within 60 feet of the WECS and all non-residential properties located within 100 feet of the WECS. See.7-274. Height The maximum height of a WECS located on residentially zoned property shall not be in excess of 60 feet nor more than 75% of the distance from the closest property line, whichever is less. The maximum height of a WECS located on non -residentially zoned property shall not be in excess of 100 feet nor more than 75% of the distance from the closest property line, whichever is less. The height shall be measured from the base of the WECS structure to the rotor -hub, top of the tower or the tip of the blade in its vertical position, whichever is higher. Sec.7-275. Set -backs. No part of a WECS may be located within, or above, any front yard or side yard of the subject property as such yard is defined in the Zoning Ordinance of the City. Sec. 7-276. Minimum design standards. All WECS shall meet the following minimum design standards: (a) An automatic braking device capable of halting operation in high winds (40 mph or greater) shall be incorporated within the system. (b) The WECS shall be designed, constructed and operated so as not to create electro-magnetic interference with any radio, television or communications transmissions or receptions. (c) The operation of any WECS at a noise level which either annoys, injures or endangers the comfort, repose, health or safety of others is prohibited and is hereby declared to be a public nuisance and hazard. (d) The WECS shall be designed and constructed so as to prevent climbing of the structure by unauthorized persons. As a minimum requirement, the first 12 feet of the structure shall be unclimbable by design or shall be enclosed by a 6-foot high non -climbable fence with secured access. (e) The WECS shall be designed and installed to withstand natural lightening strikes. (f) The WECS electrical equipment and connections shall comply with all laws and ordinances. Sec. 7-277. Designation of agent for service of notice. The aforesaid application for a permit for a WECS shall also specify the name and address of the applicant's agent for the purpose of receiving notice from the City pursuant to the terms of this ordinance. Sec. 7-278. Dismantling of WECS. Any WECS which fails to comply with any law, or ordinance of the City, shall cease operating immediately upon receipt of notice of such non-compliance and shall be brought into compliance within 30 days after receipt of such notice or shall be dismantled. Any WECS which ceases to operate for any 12 consecutive months shall be dismantled. In the event that the WECS is not dismantled within 30 days after notice is served upon or mailed to the applicant's aforesaid agent, the City shall be deemed to have been empowered and authorized by the applicant and owner to enter upon the premises on which such WECS is located without any prior or further notice, to dismantle such WECS, to dispose of such dismantled WECS in any manner the City deems convenient and to file a lien in the McHenry County Recorder of Deeds' Office against the subject premises in the amount of the City's costs associated with the dismantling and disposition of such WECS. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and Approved this 16TH day of JU LY , 2007. Voting Aye: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON Voting Nay: NONE Not Voting: NONE Absent: NONE Abstain: NONE APPROVED: yor (SEAL) ATTEST: