HomeMy WebLinkAboutOrdinances - MC-07-934 - 10/01/2007 - AMEND AND UPDATE MC CH 17 PLANNING AND ZONINGOrdinance No MC-07-934
An Ordinance providing for updates to
Chapter 17 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 17 Planning and Zoning Generally of the City of McHenry
Municipal Code is hereby repealed and replaced with the following:
MUNICIPAL CODE
CHAPTER 17
ARTICLE I
PLANNING AND ZONING GENERALLY*
Sec. 17-1. Zoning ordinance continued in effect.
The Zoning Ordinance of the City shall continue to be that ordinance adopted on December 22, 1986, as
amended or revised by subsequent ordinances. Nothing contained in this Code, or in the ordinance
adopting this Code, shall be construed to amend, alter or otherwise affect the provisions of the said
Zoning Ordinance.
Sec. 17-2. Subdivision Control and Development Ordinance continued in effect. (MC--04-841)
The Subdivision Control and Development Ordinance of the City shall continue to be that ordinance
passed and approved on January 19, 2004, as the same may be amended, altered or changed by
subsequent ordinances. Nothing contained in this Code, or in the ordinance adopting this Code, shall be
construed to repeal, amend, alter or otherwise affect said Subdivision Control and Development
Ordinance.
Sec. 17-3. Comprehensive Plan. (MC-99-741)
(a) The City has adopted an official comprehensive plan and official map for the present and future
development of the City. This plan and the maps contained therein are applicable to land situated
within the corporate limits, and contiguous territory not more than one and one-half miles
beyond the corporate limits and not included in another municipality.
(b) To implement this plan, the City has adopted various codes and ordinances, including the Zoning
Ordinance and the Subdivision Control and Development Ordinance, which establish reasonable
standards of design for subdivisions and requirements governing the location and construction of
public facilities and improvements.
Sec. 17-4. Zoning for newly annexed territory.
Except as may be provided for by a Pre -Annexation Agreement or by a subsequent amendment to this
Ordinance, any parcel of land hereafter annexed to the City shall be classified in the most restrictive
single-family residential district that will permit the parcel, or the smallest subdivided lot therein, to
conform to the minimum lot area required in that district. (MC-91-565)
* Cross Reference - Buildings generally, Ch. 7; flood control, Chap. 8.
Sec. 17-5. Retained personnel deposit.
All applications for zoning relief, except applications for Integrated Design Districts (IDD) and those
matters expressly exempted therefrom by Section III) of the Zoning Ordinance of the City of McHenry,
shall be accompanied by an initial retained personnel deposit in the sum of $500.00, which sum shall be
used toward deferring the expenses and fees of its retained personnel as described in said Section IID of
the Zoning Ordinance and the expense of providing copies of unapproved Planning and Zoning
Commission Minutes, reports and recommendations as provided in Section 17-8 hereof If multiple
zoning actions are requested then the initial deposit fee shall be doubled to $1,000.00. At any time that
the balance of the initial retained personnel deposit is reduced to the sum of $75.00, the zoning applicant
shall make such other and further deposit, upon the request of the City, as may be necessary to restore
the retained personnel fund balance to the initial sum. All proceedings in connection with the zoning
application shall be stayed until the zoning applicant has complied with the retained personnel
requirements of this ordinance. (MC-92-568; MC-96-648;MC-04-855; MC-07-907).
The retained personnel deposit for the establishment of an Integrated Design District (IDD) for property
located within the corporate limits of the City, for property located within the mile and one-half
jurisdiction outside the corporate limits of the City and property in the process of being annexed to the
City shall be as set forth in Article VI of Chapter 2 of this Municipal Code. (MC-96-648; MC-07-907)
All proceedings in connection with zoning applications shall be stayed until the zoning applicant has
complied with the retained personnel requirements of this Code. (MC-96-648)
Sec. 17-6. Zoning filing and hearing fees.
All applications for zoning relief, except as hereinafter otherwise provided, shall be accompanied by a
filing fee in the amount of $450.00, except as hereinafter otherwise provided. Where the zoning
application requests a minor variation only (as defined in the Zoning Ordinance) and the applicant elects
to have the Planning and Zoning Commission hear the application on the same date that. the Planning
and Zoning Commission has scheduled another application for hearing, the initial filing; fee shall be
$175.00; in the event that the applicant for a minor variation elects a hearing date on which no other
application is scheduled for hearing, the initial filing fee shall be $450.00. (MC-89-502; MC-96-648;
MC-07-907)
The non-refundable filing fee for an Integrated Design District (IDD) zoning application shall be
$2,500.00. (MC-96-648; MC-07-907)
Except in those cases where a zoning hearing is recessed for lack of a quorum, the zoning applicant shall
pay to the City a recessed filing fee in the amount of $250.00 for each recessed meeting of the Planning
and Zoning Commission held in connection with said application. All such recessed hearing fees shall
be paid by the applicant to the City not less than 72 hours before the scheduled commencement of the
recessed hearing. In the event that said recessed hearing fee is not paid as herein provided, the recessed
hearing of the Planning and Zoning Commission shall be cancelled without further notice to the
applicant. (MC-07-907)
Sec. 17-7. Reserved. (MC-07-907)
Sec. 17-8. Copies of Planning and Zoning Commission minutes.
A draft copy of the unapproved Planning and Zoning Commission minutes shall be mailed
without charge to those persons who have registered their names as attendees at any Planning and
Zoning Commission hearing/meeting and who have indicated on the attendance sheet of that Planning
and Zoning Commission hearing/meeting that such person wants a copy of such minutes. The failure to
receive mail delivery of such minutes shall not constitute a basis for objecting to the proceedings or to
delay any scheduled proceedings relating to the subject matter of such meetings. Such Planning and
Zoning Commission minutes shall also be furnished without charge to any person residing within the
planning jurisdiction of the City who presents himself or herself at the Municipal Center and requests
copies thereof. (MC-92-568; MC-07-907)
Sec. 17-9—17-24. Reserved.
ARTICLE H.
STORM WATER MANAGEMENT
Sec. 17-25. Storm Water Management.( ORD-04-860.A)
The City of McHenry Storm Water Management Ordinance is hereby adopted on ]December 20,
2004. This Storm Water Management Ordinance of the City shall continue to be that ordinance adopted
on December 20, 2004, as amended or revised by subsequent ordinances. Nothing contained in this
Municipal Code shall be construed to amend, alter or otherwise affect the provisions of said Storm
Water Management Ordinance
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 1" day of October, 2007.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Not Voting: None.
Absent: None.
Abstain: None.
APPROVED:
Wayor
(SEAL)
ATTEST: Q� C� L R�►ai
City Clerk