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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as follows: SECTION 1: That Chapter 17 Planning and Zoning Generally of the City of McHenry Municipal Code is hereby repealed and replaced with the following: MUNICIPAL CODE CHAPTER 17 ARTICLE I PLANNING AND ZONING GENERALLY* Sec. 17-1.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