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HomeMy WebLinkAboutOrdinances - MC-11-1023 - 10/04/2010 - ZONING TEXT AMENDMENT SIGNSORDINANCE NO. MC-10-1023 AN ORDINANCE ADOPTING A TEXT AMENDMENT TO THE CITY OF MCHENRY, ILLINOIS ZONING ORDINANCE 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; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on August 19, 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 requestol 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 Chapter IX Signs (C) Administration is hereby amended by deleting the following language: "d. Removal of Unsafe, Abandoned, or Unlawful signs __Any sign as defined herein that no longer identifies a business, activity, event, or service conducted or product, service, or entertainment sold on the premises where the sign is located shall be considered abandoned. An abandoned sign shall be removed entirely by the property owner within 120 days after such business, activity, event, or service ceases operation, or product, service or entertainment is no longer sold on the premises. In lieu of removing an abandoned sign in its entirety, a property owner must remove the sign all identification pertaining to the former business and shall install a blank, white panel in the area containing the sign's message. If upon inspection the Zoning Administrator finds that a sign is abandoned, unsafe, or in any way not in compliance with City ordinances, he or she shall issue a written order to the permittee stating -the nature of the violation and requiring the repair, replacement, or removal of the sign within 14. days of the date of the order. If after 14 days of issuance an order has not been complied with, or if a sign constitutes an immediate hazard to the public safety, the Zoning Administrator may recommend to the City Council that it authorize judicial process to causes the sign to be removed or repaired pursuant to the provisions concerning Unsafe Buildings of Chapter 24., Article 11, of the Illinois Revised Statutes. After any removal of a sign through judicial process, the Zoning Administrator shall send a notice to the sign owner stating the nature of the removal work performed and demanding payment of the cost thereof plus 10 percent for inspection and administration costs. If said amount is not paid within 30 days of the notice, it shall become a lien against the property of the sign owner" And replacing it with the following language; "d. Removal of Unsafe. Abandoned, or Unlawful signs Any sign as defined herein that no longer identifies a business, activity, event, or service conducted or product, service, or entertainment sold on the premises where the sign is located shall be considered abandoned. An abandoned sign shall be removed entirely by the property owner within 60 days after such business, activity, event, or service ceases operation, or product, service: or entertainment is no longer sold on the! premises. In lieu of removing an abandoned sign in its entirety, a property owner must remove all identification on the sign pertaining to the former business and shall install a blank, white panel in the area containing the sign's message. If upon inspection the Zoning Administrator finds that a sign is unsafe or in anyway not in compliance with City ordinances, he or she shall issue a written order to the property owner stating the nature of the violation and requiring the repair, replacement., or removal of the sign within three (3) days of the date of the order. If after three (3) days of issuance an order has not been complied with or if a sign constitutes an immediate hazard to the public safety, the matter shall be referred to and addressed in accordance with the provisions of Chapter 2.25 Administrative Adjudication of the Municipal Code." SECTION 2: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: 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 4: 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 4'h day of October, 2010. Voting Aye:: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon Voting Nay: None Not Voting: None Abstained: None Absent:: None M OR ATTEST: sL. CITY/ CL RK I�