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HomeMy WebLinkAboutOrdinances - MC-10-1022.A - 09/27/2010 - ZONING PARKING COMMERCIAL VEHICLESORDINANCE NO. MC-10-1022 , A AN ORDINANCE ADOPTING A TEXT AMENDMENT TO THE CITY OF MCHENRY, ILLINOIS ZONING ORDINANCE REGARDING THE REGULATION OF PARKING OF COMMERCIAL VEHICLES WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. WHEREAS, a petition has been filed by the City of McHenry requesting text amendments to the City of McHenry Zoning Ordinance regarding the regulation of parking of recreational vehicles and trailers; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on June 17, 2010 and continued to July 8, 2010 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting; of the requested zoning text amendments; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the zoning text amendments currently requested and approved by this ordinance are consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. That Chanter VII Off -Street Parking and Loading, Section B. Off -Street Parking Provisions, Sub -sections 9A Parking of Commercial Vehicles in Residential Districts is hereby amended by deleting the entire section 9A and replacing it with the following language: "9. Parking of Commercial Vehicles A. "In Residential Districts No commercial vehicle, as defined herein, exceeding 9 feet in height and 25 feet in length may be parked and/or stored in a residential zoning district. Exterior ladders and any appurtenances on top of the vehicle shall be excluded from the height calculation; The following commercial vehicles are expressly prohibited from being parked and/or stored in a residential zoning district: stake bed trucks, box trucks, dump trucks, boom trucks, earth -moving equipment, tow trucks, step vans, semi tractor trailers with or without a trailer and any vehicle in excess of 10,000 pounds; No more than one commercial vehicle, as defined herein, that does not exceed 9 height and 25 feet in length may be parked and/or stored on a premise in a residential zoning district in, accordance with the regulations for parking and/or storing of vehicles in a residential zoning district contained in the zoning ordinance". SECTION 2_ That Chanter VII Off -Street Parking and Loading, Section B. Off -Street Parking Provisions, Sub -section 9B Parking of Commercial Vehicles in Business Districts is hereby amended by deleting "In Business Districts" and replacing it with "In Non -Residential Districts". SECTION 3_ That Chapter XIX Definitions is hereby amended by deleting the following definition: "VEHICLE, COMMERCIAL: A motorized vehicle other than a passenger car, passenger van, or recreational vehicle used by a household for non-commercial personal or family transportation, for recreation, or for van pooling or ride -sharing use. Commercial vehicles include commercial trucks, buses, buses used as recreational vehicles, commercial vans, tractors, semi -trailers, motorized farm vehicles, and earth -moving equipment". And replacing it with the following: "VEHICLE.. COMMERCIAL: A motorized vehicle other than a passenger car, passenger van, or recreational vehicle (as defined herein) used by a household for non-commercial personal or family transportation, van pooling or ride -sharing use". SECTION 4_ That the provisions of this ordinance shall include a one-year amortization period during which all residential premises in the City shall be brought into compliance with the regulations stated herein. SECTION `i: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 7: 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 and APPROVED THIS 27TH DAY OF SEPTEMBER, 2010 Voting Aye: Santi, Schaefer, Blake, Wimmer, Condon. Voting Nay: Glab, Peterson._ Abstaining: None Absent: None Not Voting: None 4AYOR ATTEST: '1 CITY CL RK