HomeMy WebLinkAboutOrdinances - MC-07-947 - 12/17/2007 - AMEND MC CH 30 ADULT USES AND ZONING ORD ADULT USEORDINANCE NO. MC-07-947
AN ORDINANCE AMENDING
CHAPTER 30 OF THE MUNICIPAL CODE AND
VARIOUS SECTIONS OF THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS
WHEREAS, the Mayor and City Council have determined that it is in the best interest of the
health, safety and general welfare of the citizens of McHenry to amend Chapter 30 of the Municipal Code
and various sections of the Zoning Ordinance of the City of McHenry.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY. MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1. That the following definitions in Chapter 30. Section 30-1 of the Municipal Code
shall be amended as follows -
Adult business: Any establishment in which 25 % or more of its stock in trade or business
activity in a use such as, but not limited to the following: adults -only bookstore, adults -only
notion picture theater(s), adult entertainment centers, rap parlors, adults -only nightclubs or adults -
only saunas, where explicit sexual conduct is depicted and/or sexual activity is explicitly or
implicitly encouraged or tolerated.
Adults -only bookstore: A bookstore or video store in which 25% of more of its stock in trade
books, magazines, films for sale or viewing on premises by use of motion picture devices or other
coin -operated means, and other periodicals which are distinguished or characterized by their
principal emphasis on matters depicting, describing or relating to nudity, explicit sexual conduct
(whether auto -erotic, heterosexual, homosexual or otherwise) bestiality or sadomasochistic
activity.
SECTION 2. That Article III, Section K. of the Zoning Ordinance shall be and hereby is amended
to add the following subsection 6:
6. Trailers for the Temporary Storage of Merchandise
Conditions:
a) Only businesses 80,000 square feet or more in size shall be allowed to have trailers
for the temporary storage of merchandise.
b) No more than eight (8) such trailers shall be allowed on a site at any given time.
c) All trailers shall be stored in a rear vard out of public view whenever possible;
however, no trailer shall be located in front of the front building line of the principal
building.
d) Duration is limited from October I" to January 3 1 " of the following year
SECTION 3. That Table 7 of the Zoning Ordinance shall be and hereby is amended as follows:
Group G, Item 2 shall be amended to read, Automobile fueling stations;
Group H, Item 20 shall be amended to read, Travel agencies;
Group J:
a) Item 25 shall be deleted;
b) Item 36 shall be amended to read, Millinery and textile shops;
c) Item 43 shall be amended to read Musk stores;
d) Item 54 shall be deleted;
e) Item 57 shall be deleted;
f) Item 60 shall be deleted; and
g) Item 61 shall read, Movie and video game rental and sales.
Group N:
a) Item 1 shall read, Automobile washes and detailing facilities;
b) Item 10 shall be deleted; and
c) Item I I shall be deleted.
Group O:
a) Item 13 shall be deleted; and
b) Item 14 shall be deleted.
SECTION 4. That Table 9 of the Zoning Ordinance shall be and hereby is amended as follows:
Group P, Item I 1 shall be amended to read, Travel agencies.
Group R, Item 16 shall be deleted.
SECTION 5. That Article XIV, Section F of the Zoning Ordinance shall be and hereby is
amended as follows:
Revocation of Permit
A conditional use may be revoked at any time by a simple majority vote of the City Council:
a) If any conditions or restrictions are not complied with within the time limit specified in the
ordinance granting said conditional use permit; or
b) If after they are initially complied with, compliance with such conditions or restrictions is not
maintained at any time.
A conditional use shall be revoked automatically:
a) If the conditional use is not established, or a required building permit is not obtained and the
building started within one year of the date of the ordinance granting said conditional use
permit; or
b) If the conditional use ceases operation for more than one year.
SECTION 6. That the following definitions in Chapter XIX of the Zoning Ordinance shall be
amended as follows -
Adult business: Any establishment in which 25 % or more of its stock in trade or business
activity in a use such as, but not limited to the following: adults -only bookstore, adults -only
notion picture theater(s), adult entertainment centers, rap parlors, adults -only nightclubs or adults -
only saunas, where explicit sexual conduct is depicted and/or sexual activity is explicitly or
implicitly encouraged or tolerated.
Adults -only bookstore: A bookstore or video store in which 25% of more of its stock in trade
books, magazines, films for sale or viewing on premises by use of motion picture devices or other
coin -operated means, and other periodicals which are distinguished or characterized by their
principal emphasis on matters depicting, describing or relating to nudity, explicit sexual conduct
(whether auto -erotic. heterosexual, homosexual or otherwise) bestiality or sadomasochistic
activity.
SECTION 7. All Ordinances or parts thereof in conflict with the terms and provisions hereof are
hereby repealed to the extent of such conflict.
SECTION 8. This Ordinance shall be published in pamphlet form by and under the authority of
the corporate authorities of the Citv of McHenrv, McHenry Countv, Illinois.
SECTION 9: This Ordinance shall be in full force and effect from and after its passage, approval,
and publication in pamphlet form as provided by law.
PASSED this 17'h day of December, 2007
AYES: Santi. Glab. Schaefer, Murgatroyd, Wimmer, Peterson, Condon_
NAYS None
ABSTAINED. None
ABSENT- None
twi vuiilNG:None
APPROVED this 17' day of December, 2007
--I
MAYOR
ATTEST
(�d11 CSZ
CI Cl, K
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