HomeMy WebLinkAboutOrdinances - MC-10-1024 - 11/15/2010 - AMEND ZONING ORD REMPORARY USESORDINANCE NO. MC-10-1024
AN ORDINANCE AMENDING THE CITY OF MCHENRY, ILLINOIS ZONING
ORDINANCE REGARDING TEMPORARY USES
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; and
WHEREAS, a petition has been filed by the City of McHenry requesting a text
amendment to the City of McHenry Zoning Ordinance regarding temporary uses; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on October 21, 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 amendment; 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 amendment
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 Table 1: Required Contents of Application Filings of the zoning
ordinance is hereby amended by deleting the fourth column entitled "Temporary Use" in its
entirety.
SECTION 2. That Article III General District Regulations Section K. Temporary Uses is
hereby amended by deleting all references to "Zoning Administrator" and replacing it with
"Department of Construction and Neighborhood Services".
SECTION 3. That Article III General District Regulations Section K. Temporary Uses
is hereby amended by deleting the following sentence in the second paragraph in said Section K.:
"The Application shall include the items specified in Table 1 in the Filing Procedures section of
this Ordinance" ,and replacing it with the following language: "The Application and associated
guidelines are available through the Department of Constriction and Neighborhood Services".
SECTION 4. That Article III General District Regulations Section K. Temporary Uses
is hereby amended by deleting the following language contained in the third paragraph in said
Section K.: "...and upon determining that there is evidence of compliance with the conditions
and requirements set forth in this Ordinance..." and replacing it with the following language: "
and payment of sixty dollars ($60), thirty dollars ($30) of which may be refunded upon
successful compliance with all conditions associated with an approved Temporary Use Permit
Application, the Application will be forwarded to the City Council for consideration at a
regularly scheduled City Council meeting and the City Council shall approve, approve with
conditions or deny the Application and upon approval by the City Council".
SECTION 5. That Article III General District Regulations Section K. Temporary Uses is
hereby amended by adding the following language to the third paragraph: "A separate temporary
sign permit application must be completed if applicable. An additional permit fee is required for
a temporary sign"'.
SECTION 6. That Article III General District Regulations Section K. Temporary Uses is
hereby amended by deleting the following language: "The following Temporary Uses are
subject to the conditions provided below" and replaced with the following: "The following
Temporary Uses may be subject to the any or all of the conditions provided below".
SECTION 7. That Article III General District Regulations Section K. Temporary Uses is
hereby amended by adding a note adjacent to "Carnival or Circus" cross-referencing Municipal
Code Chapter 5 Amusements.
SECTION 8: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 9: 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 10: 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 15T" DAY OF NOVEMBER, 2010
AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
Z4MAYOR
ATTEST:
CITY eLE K