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HomeMy WebLinkAboutOrdinances - MC-85-319 - 02/04/1985 - Adopt Zoning Ordinance with revisions and updatesZONING ORDINANCE O F T H E CITY0FMCHENRY P&C- es 31q i:M P",� am�j �ff � CITY OF MCHENRY ZONING ORDINANCE MC-85-319 TABLE OF CONTENTS ARTICLE I SHORT TITLE PAGE 1 ARTICLE II DEFINITIONS PAGE 2 ARTICLE III DISTRICTS AND REGULATIONS PAGE 10 ESTABLISHED ARTICLE IV GENERAL CONDITIONS PAGE 15 ARTICLE V "R-1" SINGLE FAMILY DISTRICT PAGE 22 ARTICLE VI "R-2" ONE -FAMILY DISTRICT PAGE 28 ARTICLE VII "R-3" SINGLE FAMILY DISTRICT PAGE 34 ARTICLE VII-1 "R-3A" SINGLE FAMILY DISTRICT PAGE 40 ARTICLE VIII "R-4" MULTI -FAMILY DISTRICT PAGE 46 ARTICLE VIII-1 "R-4A" MULTI -FAMILY DISTRICT PAGE 52 ARTICLE VIII-2 "R-5" CONDOMINIUM DISTRICT PAGE 57 ARTICLE VIII-3 "R-5A" CONDOMINIUM DISTRICT PAGE 62 ARTICLE IX "B-1" COMMERCIAL -RETAIL DISTRICT PAGE 67 ARTICLE X "B-2" COMMERCIAL -RECREATION DISTRICT PAGE 74 ARTICLE XI "B-3" COMMERCIAL DISTRICT PAGE 80 ARTICLE XII "B-4" COMMERCIAL -REGIONAL SERVICE PAGE 88 ARTICLE XIII INDUSTRIAL PARK DISTRICT PAGE 94 ARTICLE XIV "I-1" HEAVY INDUSTRIAL DISTRICT PAGE 102 ARTICLE XV SPECIAL USES PAGE 109 ARTICLE XVI OFF-STREET PARKING AND LOADING PAGE 120 ARTICLE XVII ACCESSORY BUILDINGS PAGE 127 ARTICLE XVIII SIGNS PAGE 132 ARTICLE XIX PLANNED RESIDENTIAL DEVELOPMENTS PAGE 140 ARTICLE XX NON -CONFORMING USES PAGE 146 ARTICLE XXI ADMINISTRATION PAGE 152 ARTICLE XXII RULES AND PROCEDURE AND CONDUCT PAGE 163 ARTICLE XXIII THE PLAN COMMISSION PAGE 170 ARTICLE XXIV INTERPRETATION AND CONFLICT PAGE 175 ARTICLE XXV VIOLATION, PENALTY, ENFORCEMENT PAGE 176 ARTICLE XXVI BOUNDARIES OF DISTRICTS PAGE 177 ARTICLE XXVII VALIDITY PAGE 178 ARTICLE XXVIII CODIFICATION PAGE 178 ARTICLE XXIX PUBLICATION PAGE 178 ARTICLE XXX EFFECTIVE DATE PAGE 178 MC-85-319 ZONING ORDINANCE OF THE CITY OF McHENRY, ILLINOIS An ordinance to regulate and limit the height and bulk of buildings hereafter to be erected; to regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of open spaces, within and surrounding such buildings; to classify, regulate and restrict the location of trades and industries and the location of buildings de- signed for specified industrial, business, residential and other uses; to divide the entire village into districts to carry out the purpose of this ordinance; to fix standards to which buildings or structures shall con- form; to prohibit uses, buildings or structures incompatible with the character of such districts respectively and to prevent additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed here- under and to provide penalties for violations hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: ARTICLE I. SHORT TITLE This ordinance shall be known, cited and referred to as the City of McHenry Zoning Ordinance. ARTICLE II. DEFINITIONS ACCESSORY USE - ACCESSORY BUILDING: A subordinate use of building or portion of the main building which is located on the lot of the main building, and the use of which is clearly incidental to the main use or the use of the main building, but living quarters in connection with a detached garage shall not be permitted. APARTMENT: One or more rooms in a multi -family structure arranged, intended, or designed or occupied as the residence of a single family, individual, or group of individuals. AUTOMOBILE REPAIR: General repair, engine rebuilding or recondi- tioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; over-all painting or motor vehicles. AUTOMOBILE SERVICE STATION: A place where gasoline stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public in prem- ises, and including, as incidental thereto, minor accessories and ser- vices for automobiles, but not including body and motor rebuilding and repair. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as public garage. AUTO WRECKING OR JUNK YARD: Any place where two or more motor vehi- cles not in running condition, or parts thereof, are stored in the open and are not restored to operation within thirty (30) days of their arriv- al, or any portion of any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, stored in the open and not being restored to operating condition; and including the commer- cial salvaging and scavenging of any other goods, articles or merchandise. BASEMENT: A story, three sides of which are partly below the level of the street grade or ground nearest the building. A basement shall not be counted as a story for the purpose of height regulation unless it is subdivided, rented, or sold or leased for dwelling purposes. HABITABLE BASEMENT: No basement, or portion thereof, shall be used for living quarters unless the basement, or habitable_ portion thereof, shall comply with all requirements for habitable rooms under the Building Code and the finished floor shall not be more than three feet six inches (3'6") below the outside finish grade at required windows. DWELLING, ONE FAMILY: A detached building designed exclusively for occupancy by one 1 family. DWELLING MULTIPLE: A building or portion thereof designed for oc- cupancy by two 2 or more families living independently of each other. DWELLING, ROW: A group of two (2) or more attached one -family dwellings, not more than two and one-half (2-1/2) stories in height, nor more than two (2) rooms deep. -2- EFFICIENCY UNIT: An efficiency unit is a dwelling unit consisting or one room exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, providing such (lining alcove does not exceed 125 square feet in area. FAMILY: Any number of individuals related by blood, marriage or adoption, living, cooking and dining together in the same premises as a single housekeeping unit, including domestic servants for whom, subject to the provisions of this ordinance, separate living quarters may be pro- vided. FRONT: The front of the lot shall be that boundary of a lot along a public street; and for a corner lot the front shall be the shorter lot boundary along a street. GARAGE, PRIVATE: An accessory building for the storage of not more than three 3 motor -driven vehicles, of which not more than one shall be a commercial vehicle as such commercial vehicle is defined and restricted by the applicable portions of this ordinance. GARAGE, PUBLIC: A building other than a private garage, used for the care, repair or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale within the structure. GUEST HOUSE: A structure for human habitation, containing one or more rooms with bath and toilet facilities, but not including a kitchen or facilities which would provide a complete housekeeping unit. HALF STORY: That portion of a building under a gable, hip or gam- brel roof, which is unused or used only in conjunction with and by the occupants of the floor immediately below. HEIGHT OF BUILDING: The vertical distance measured from the side- walk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof for flat roofs; to the deck line for mansard roofs, and to the mean height level (between eaves and ridge) for gable and hip roofs. Where a building is located upon a terrace or slope the height may be measured from the average ground level at the building wall. HOME OCCUPATION: Any use cutomarily conducted entirely within the main dwelling and carried on by the occupants thereof which use is clear- ly incidental and secondary to the use of the dwelling for dwelling pur- poses and does not change the character thereof, and in connection with which there is no display, no outside storage of equipment and no exter- nal evidence outside of the building of the operation of such use. Such uses as the office of a physician, surgeon, dentist, lawyer, clergyman, engineer, architect, and acountant, artist studio, beauty parlor, dress making, babysitting and boarders and roomers (limited to two) shall be deemed to be home occupations. Such uses as nursing and convalescent home, funeral home, dance studio, barber shop, used car lot, rental and sale of trailers, car or truck repair, music studio, chiropractic offices or clinic, and taxicab operations of any kind, shall not be deemed to be home occupations. -3- HOSPITAL OR SANITARIUM: An institution open to the public, in which sick patients or injured persons are given medical or surgical care; or for the care of contagious diseases or incurable patients. HOTEL: A building in which lodging is offered or provided by com- pensation with or without meals in which there are more than ten (10) guest rooms. KENNEL: Any lot or premises on which four (4) or more dogs, at least four (4)months of age, are kept. LODGING HOUSE: A building where lodging is offered or provided for compensation for three or more, but not to exceed ten (10) guest rooms. LOADING SPACE: An off-street space or berth on the same lot with a building, or contguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or mater- ials, and which abuts upon a street, alley or other appropriate means of access. LOT: A parcel of land used or suitable for occupancy by one main building or one main use with permitted incidental buildings and provid- ing open spaces as required by this ordinance and having its principal frontage upon a public street. A lot may be land so recorded on the re- cords of the Recorder of Deeds of McHenry County, Illinois, or may in- clude parts of or a combination of such lots when adjacent to one another provided such land is used for one improvement. LOT, INTERIOR: A lot other than a corner lot. LOT, LINES: The lines bounding a lot as defined herein. LOT WIDTH: The horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines. NON -CONFORMING USE: Any building,' structure or land lawfully occu- pied by a use or lawTully situated at the time of the passage of this ordinance or amendments thereto, which does not conform after the passage of this ordinance or amendments thereto with the regulations established therein. PARKING AREA PUBLIC: An open area, other than street, used for the temporary parking of more than four (4) automobiles and available for public use whether free, or for compensation or as an accomodation for clients or customers. PARKING AREA PRIVATE: An open area for the parking of privately owned automobiles and not for public use. PARKING SPACE: An area, enclosed in the main building, in an ac- cessory building, or unenclosed, sufficient in size to store one (T) standard automobile, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile. -4- REAR YARD: An open space (unoccupied except for accessory build- ings) on the same lot with a building, between the rear line of the building and the rear line of the lot, for the full width of the lot. SETBACK: The minimum horizontal distance between the street wall of the building and the front street line. SIDE YARD: An open unoccupied space on the same lot with a building between the building and the side line of the lot and extending from the front lot line to the rear yard. SIGN, OUTDOOR ADVERTISING: Any card, cloth, paper, metal, painted, glass, wooden, plaster, stone or other sign of any kind or character whatsoever, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure, or thing whatsoever. The term "placed" as used in the definition of "outdoor ad- vertising structure" and "outdoor advertising sign" shall include erect- ing, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or other fastening, affixing or making visible in any manner whatsoever. STORY: That portion of a building included between any floor and the floor next above it, or if there is no floor above, then the space between such floor and the ceiling next above it. STREET LINE: The division line between a lot, tract, or parcel of land and a contiguous public street, including in such street all proper- ty dedicated for street purposes or subject to public easements there- fore, or proposed for future right-of-way as designated in the Major Street Plan. STREET WALL: That wall or part of a wall of a building or that part of the wall or supports of a porch or other structure, nearest to and most nearly parallel with the street, extending more than four (4) feet six (6) inches above the finished grade. STRUCTURE: Anything constructed or erected, which requires location on the ground, or attached to something having location on the ground. STRUCTURAL ALTERATIONS: Any change which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders. TERRACE, OPEN: A level and rather narrow plain or platform which for purposes of this ordinance is located adjacent to one or more faces of the main structure, and which is constructed not more than four (4) feet in height above the average level of the adjoining ground. TOURIST COURT: A group of attached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space convenient- ly located to each unit, including auto courts, motels, or motor lodges. -5- TOURIST HOME: A dwelling in which over -night accomodations are pro- vided or o ere for transient guests. TRAILER, AUTOMOBILE: A vehicle without motive power, designed to be drawn by a motor vehicle and to be used for human habitation or for car- rying persons or property, including a trailer coach or house trailer. USE, PRINCIPAL: A "principal use" is the main use of land or build- ings as distinguished from subordinate or accessory use. A "principal use" may be either "permitted" or "special". USE PERMITTED: A "permitted use" is a use which may be lawfully established in a particular district, provided it conforms with all re- quirements and regulations of such districts. YARD: An open space on the same lot with a main building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this ordinance. YARD, FRONT: A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building. (The next page is 10) ARTICLE III. DISTRICTS AND REGULATIONS ESTABLISHED In order to classify, regulate and restrict the locations of trades and industries, and the location of buildings designed for specified uses; to regulate and limit the height and bulk of buildings hereafter erected or altered; to regulate and limit the intensity of the use of lot areas; and to regulate,and determine the area of yards, courts, and other open spaces within and surrounding such buildings, the City of McHenry, Illinois is hereby divided into eleven "Districts". The use, height, and area regulations are uniform in each of the regulation districts and said districts shall be known as: 1. R-1 Single -Family District 2. R-2 Single -Family District 3. R-3 Single -Family District 4. R-3A Single -Family District 5. R-4 Multi -Family District 6. R-4A Multi -Family District 7. R-5 Condominium District 8. R-5A Condominium District 9. B-1 Commercial - Retail 10. B-2 Commercial - Recreational 11. B-3 Commercial - Non -Retail 12. B-4 Commercial - Regional Service 13. Industrial Park 14. I-1 Heavy Industrial The boundaries of these districts are indicated upon the Zoning Map of the City of McHenry, which map is hereto attached and made a part of this ordinance. The said Zoning Map of McHenry with all the notations, references, and other matters shown thereon, shall be as much a part of this ordinance as if the notations, references and other matters set forth by said map were all fully described herein. Except after obtain- ing written permission from the Superintendent of Public Works and except as hereinafter provided: A. No building shall be erected or altered, nor shall any building or premises be used for any purpose, other than is permitted in in the district in which such building or premises are located. B. No buildings shall be erected or altered to exceed in height the limit herein established for the district in which such building is located. C. No building shall be erected, nor shall any existing building be altered, enlarged, or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner, except in conformity with the area regulations hereby established for the district in which such building is locat- ed. Unless otherwise prohibited, or restricted, a permitted use also allows such a use, building or structure as is clearly incidental thereto and compatible with the principal use, if located on the same lot. Incidental uses, buildings or struc- tures shall not be established or erected prior to the estab- lishment or construction of the principal use.. -10- (The next page is 15) ARTICLE IV. GENERAL CONDITIONS 1. Public or semi-public buildings, churches, hospitals, sanitar- iums, or schools may be erected to a height not exceeding forty (40) feet, or three (3) stories, provided that where they are located in any residence district they must be set back from each property line at least one foot for each foot of additional building height above the limit for the district, in addition to the other front and side yard requirements of the district. 2. Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, sky- lights, towers, steeples, flagpoles, chimneys, smokestacks, radio and television aerials or antennas, wireless masts, water tanks, or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than twenty-five (25) feet the height limits of the district in which it is located, except that aerials or antennas designed to aid home television reception may be erected to a height not to exceed sixty (60) feet from the ground level, provided said aerial or antenna is attached to the buildng or erected in the rear yard area. 3. No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side_ yard, rear yard, front yard, court or other open space required by this ordinance, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court, or other open space requirement of or for any other dwelling. An open terrace, but not including a roofed -over porch or terrace, may occupy a front yard provided the unoccupied portion of the front yard has a depth of not less than 15 feet. A one-story bay window may project into a front yard not more than three (3) feet. Overhanging eaves, including gutters, may project over the minimum required side yard not more than eighteen (18) inches. The minimum yards or other open spaces, including lot areas per family required by this ordinance for each and every building exist- ing at the time of passage of this ordinance or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building. 4. Every building hereafter erected or structurally altered to pro- vide dwelling units shall be located on a lot as herein defined and in no case shall there be more than one such building on one lot un- less otherwise provided. 5. Any separate tract the title of which was of public record at the time of the adoption of this amendment, that does not meet the requirements of this amendment for yards, courts or area of lot may be utilized for single-family residence purposes. -15- 6. No building shall be constructed or erected upon a lot or parcel of land, which does not abut upon a public street or permanent ease- ment of access to a public street, which easement shall have a mini- mum width of twenty-five (25) feet, unless an easement of lesser width was of record or of established use for seventeen (17) years prior to the adoption of this amendment. 7. No residential structure shall be erected upon the rear of a lot or upon a lot with another dwelling; except that of a two-story gar- age with living quarters upon the second floor, such quarters may be occupied by a servant (and his family) of the family occupying the main structure. There may also be constructed a guest house (with- out kitchen) or rooms for guests within an accessory building, pro- vided such facilities are used for the occasional housing of guests of the occupants of the main structure and not for permanent occu- pancy by others as a housekeeping unit. 8. Nothing in this ordinance shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfuly begun prior to the adoption of this ordinance and upon which building actual construction has been diligently carried on, and provided further that such building shall be completed within two (2) years from the date of passage and pub- lication of this ordinance. 9. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary pro- jections of sky -lights above the bottom of such yard or court, and except for the projections of sills, belt courses, cornices and ornamental features not to exceed twenty-four (24) inches. 10. On any corner lot where a front or side yard is required or provided, no building, fence, or hedge or other obstruction shall be placed so as to interfere with clear vision in an automobile from one street to the other across the corner. 11. No private property located in an "R" Residential District shall be used as a vehicular accessway to any parcel located in any "B" or "I" District. 12. No basement shall be occupied as living quarters until a story above grade has been completed and is ready for occupancy. 13. Established set backs: Not withstanding any other provisions in regard to set back in residential and commercial areas as are set forth in this ordinance, if sixty (60) per cent of any defined resi- dential or commercial block shall be improved with buildings at the time of any application for building permit, and the entire improved frontage of any such block shall have been established to a set back line which is less than the minimum requirement as provided for in the appropriate residential district or commercial district in which the property is located, then the set back existing at the time of the application for building permit shall be accepted as a proper minimum and no hearing for variation shall be required to permit the construction of a building or structure conforming to the existing -16 set back. If the said block has been improved to the sixty (60) percent figure as set forth hereinabove, and the set backs in existence shall not be uniform, then the minimum set back permitted the applicant shall not be greater than the average of all set back lines as established on that block at the time of application for permit. 14. Whenever any annexation of any territory to the City of McHenry is not made pursuant to an annexation agreement which expressly pro- vides for the specific zoning district classification thereof, such territory shall be automatically classified as either R-1, R-2, R-3, or R-3A Single Family Residence District according to the number of square feet contained in the parcel, tract, plot or lot annexed, as follows: 40,000 or more sq. ft. R-1 10,000 to 19„999 sq. ft. R-3 20,000 to 39,999 sq. ft. R-2 7,500 to 9,999 sq. ft. R-3A and shall be bound by the regulations of such Zoning District Classification as are established and set forth in the Zoning Ordi- nance of the City of McHenry such Ordinance as amended. -17- (The next page is 22) ARTICLE V. "R-1" SINGLE-FAMILY DISTRICT A. Use Regulation: Permitted uses are: 1. Single -Family dwellings. 2. Public primary and secondary schools and private primary and secondary schools with curricula substantially equivalent to a pub- lic school. 3. Police and fire stations and building for storage of municipal equipment. 4. Public Park. 5. Public administration building. 6. Gardening and other horticultural uses which are not operated for profit. 7. Special uses, subject to the provisions of Article XV. 8. Uses customarily incident to any of the above uses, including permitted home occupations, as provided in this Ordinance. 9. Accessory buildings including a private garage, accessory living quarters, guest house, recreation room, green house, bath house, provided that no kitchen facilities shall be provided except in the principal residential building. 10. Temporary buildings and uses for construction purposes for a period not to exceed one (1) year. 11. Signs, subject to Article XVIII. 12. Automobile parking space to be provided as required in Article XVI. B. Building Height: No building or structure shall hereafter be erect- ed, altered or enlarged to exceed two and one-half (2-1/2) stories, not to exceed thirty-five (35) feet in height. C. Areas: No building or structure shall hereafter be erected and no building or structure shall hereafter be enlarged which would when erect- ed conflict with or when enlarged or altered further conflict with the following requirements for yards and lot areas and coverage of lot: 1. Front Yard: There shall be a front yard of not less than fifty (50) feet. 2. Side Yard: On interior lots there shall be a side yard on each side o a main building of not less than fifteen (15), and combined total of side yards of not less than thirty-five (35) feet. -22- On corner lots the side yard requirement shall be the same as for interior lots, except that there will be maintained a side yard of not less than fifteen (15) feet on the side adjacent to the street which intersects the street upon which the building or structure maintains frontage, and except in the case of a reversed corner lot, there shall be maintained a setback from the side street of not less than fifty (50) percent of the front yard required on the lots in the rear of such corner lots but such setback need not exceed fifteen (15) feet. No access- ory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than ten (10) feet to the side lot line of said adjacent lot. 3. Rear Yard: There shall be a rear yard having an average depth of not less than fifty (50) feet. 4. Lot Area: Every lot, farm or other parcel of land shall have a minimum 'width at the front building line of one hundred thirty-two (132) feet, and a minimum area of forty thousand (40,000) square feet for all uses permitted in this section, except that the lot area for churches and public and private schools shall not be less than two (2) acres. 5. Lot Coverage: Not more than twenty-five (215) percent of the area of a lot may be covered by main buildings, structures or accessory buildings. 6. Accessory Buildings: Accessory buildings shall not encroach upon the front yard. They may encroach upon the side yards provided no buildings are closer to the lot than ten (10) feet, and provided further that on a corner lot accessory buildings shall not encroach upon the front or side yards adjacent to the abutting streets. D. Private Garages: A permitted use when used in conjunction with ex- isting --structures for housing. Not more than one vehicle using such garage shall be the property of persons other than occupants of the prem- ises on which said garage is located. No more than one truck shall be permitted to be housed in such garage, and no trunk having an empty weight in excess of 4,500 pounds, or no truck having more than two axles may be garaged on the premises. No tractors or semi --trailers of a com- mercial type shall be permitted to park on the premises nor shall they be garaged on the premises within this District. Open air parking of not more than one truck is permitted in this District provided, however, that such vehicle shall not exceed 4,500 pounds empty weight nor shall it have in excess of two axles. -23- (The next page is 28) ARTICLE VI. "R-2" ONE -FAMILY DISTRICT (20,000 square feet A. Use Regulations: Permitted uses are: 1. Any use permitted in the "R-l" One -Family District, including Special Uses subject to provisions of Article XV. B. Height: The same regulations shall apply as required in the "R-l" One- am y District. C. Areas: No building or structure shall hereafter be erected and no building or structure shall hereafter be enlarged which would when erect- ed conflict with or when enlarged or altered further conflict with the following requirements for yards and lot areas and coverage of lot: 1. Front Yard: Each lot upon which a dwelling is constructed shall have a front yard of not less than thirty-five (35) feet. Where lots comprising forty (40) percent or more of the frontage between two intersecting streets are developed with buildings having front yards with a variation of not more than fifteen feet in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage. In no case shall a front yard of more than fifty (50) feet be required. 2. Side Yard: On interior lots there shall be a side yard on each side of a main building of not less than ten (10) feet, and a com- bined total of side yards of not less than twenty-five (25) feet. On corner lots the side yard requirement shall be the same as for interior lots, except that there shall be maintained a side yard of not less that fifteen (15) feet on the side adjacent to the street which intersects the street upon which the building or structure maintains frontage, and except in the case of a reversed corner lot, there shall be maintained a setback from the side street of not less than fifty (50) percent of the front yard setback required on the lots in the rear of such corner lots, but such setback need not exceed fifteen (15) feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than five (5) feet to the side lot line of the adjacent lot. 3. Rear Yard: There shall be a rear yard having an average depth of not less than thirty-five (35) feet. 4. Lot Coverage: Not more than twenty-five (25) percent of the area of lot may be covered by main buildings, structures or access- ory buildings. 5. Lot Area: Every dwelling hereafter erected or structurally al- tered shall be on a lot having an area of not less than twenty thou- sand (20,000) square feet and a width at the front building line of not less than one hundred (100) feet. 6. Accessory Buildings: Accessory buildings shall not encroach upon the front yard. They may encroach upon the side yards provided no buildings are closer to the lot lines than ten (10) feet, and provided further, that on a corner lot accessory buildings shall not encroach upon the front or side yards adjacent to the abutting streets. D. Private Garages: A permitted use when used in conjunction with ex- isting -structures for housing. Not more than one vehicle using such gar- age shall be the property of persons other than occupants of the premises on which said garage is located. No more than one truck shall be permit- ted to be housed in such garage, and no truck having an empty weight in excess of 4,500 pounds, or no truck having more than two axles may be garaged on the premises. No tractors or semi -trailers of a commercial type shall be permitted to park on the premises, nor shall they be garag- ed on premises within this District. Open air parking of not more than one truck is permitted in this District provided, however, that such vehicle shall not exceed 4,500 lbs. empty weight nor shall it have in excess of two axles. -29- (The next page is 34) ARTICLE VII. "R-3" SINGLE FAMILY DISTRICT (10,000 square feet A. Permitted Uses: Permitted uses are: 1. Any use permitted in the "R-l" Single Family District and "R-2" Single Family District, including Special Uses, subject to provi- sions of Article XV. 2. Private Garages: A permitted use when used in conjunction with existing structures for housing. Not more than one vehicle using such garage shall be the property of persons other• than occupants of the premises on which said garage is located. Not more than one truck shall be permitted to be housed in such garage, and no truck having an empty weight in excess of 4,500 pounds, or no truck having more than two axles may be garaged on the premises. No tractors or semi -trailers of a commercial type shall be permitted to park on the premises nor shall they be garaged on premises within this District. Open air parking of not more than one truck is permitted in this District provided, however, that such vehicle shall not exceed 4,500 pounds empty weight nor shall it have in excess of two axles. B. Height: No building or structure shall hereafter be erected, altered or enlarged to exceed two and one-half (2-1/2) stories nor to exceed thirty-five (35) feet height. C. Areas: No building or structure shall hereafter be erected and no buil ing or structure shall hereafter be enlarged which would when erect- ed conflict with or when enlarged or altered further conflict with the following requirements for yards and lot areas and coverage of lot: 1. Front Yard: There shall be a front yard of not less than thirty (30) feet. 2. Side Yard: On interior lots there shall be a side yard on each side of the main building. Each such side yard shall be ten (10) percent of the width of the lot, but in no instance shall it be necessary to have a side yard of more than ten (10) feet on each side. On corner lots, the side yard requirements shall be the same as for interior lots, except that there shall be maintained a side yard of not less than twenty (20) feet from the side adjacent to the street which intersects the street upon which the building or structure maintains frontage, and except in the case of a reversed corner lot, there shall be maintained a setback from the side street of not less than fifty (50) percent on the front yard required on the lots in the rear of such corner lots, but such setback need not exceed fif- teen (15) feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than five (5) feet to the side lot line of said adjacent lot. -34- 3. Rear Yard: There shall be a rear yard having an average depth of not less than twenty-five (25) feet. 4. Lot Coverage: No building with its accessory buildings shall occupy in excess of thirty (30) percent of the areas of the lot. 5. Lot Area: Every dwelling hereafter erected or structurally al- tered shall be on a lot having an area of not less than ten thousand (10,000) square feet and width at the front building line of not less than seventy-five (75) feet. 6. Accessory Building: Accessory buildings shall not encroach upon the front yard. They may encroach upon the side yards provided no buildings are closer to the lot lines than six (6) feet, and provid- ed further that on a corner lot accessory buildings shall not en- croach upon the front or side yards adjacent to the abutting streets. -35- (The next page is 40) ARTICLE VII-1. 11R-3A" SINGLE FAMILY DISTRICT (8,000 square feet A. Permitted Uses: Permitted uses are: 1. Any use permitted in the "R-l" Single Family District, "R-2" Single Family District and "R-3" Single Family District, including Special uses, subject to provisions of Article XV. 2. Private Garages: A permitted use when used in conjunction with existing structures for housing. Not more than one vehicle using such garage shall be the property of persons other than occupants of the premises on 'which said garage is located. No more than one truck shall be permitted to be housed in such garage, and no truck having an empty weight in excess of 4,500 pounds, or no truck having more than two axles may be garaged on the premises. No tractors or semi -trailers of a commercial type shall be permitted to park on the premises nor shall they be garaged on premises within this District. Open air parking or not more than one truck is permitted in this District provided, however, that such vehicle shall not exceed 4,500 pounds empty weight nor shall it have in excess of two axles. B. Height: No building or structure shall hereafter be erected, altered or enlarged to exceed two (2) stories nor to exceed twenty-eight (28) feet in height. C. Areas: No building or structure shall hereafter be erected and no building or structure shall hereafter be enlarged which would when erect- ed conflict with or when enlarged or altered further conflict with the following requirements for yards and lot areas and coverage of lot: 1. Front Yard: There shall be a front yard of not less than twenty (20) feet. 2. Side Yard: On interior lots there shall be a side yard on each side of the main building. Each such side shall be ten (10) percent of the width of the lot, but in no instance shall it be necessary to have side yards of more than ten (10) feet on each side. On corner lots, the side yard requirements shall be the same as for interior lots, except that there shall be maintained a side yard of not less than twenty (20) feet from the side adjacent to the street which intersects the street upon which the building or structure maintains frontage, and except in the case of a reversed corner lot, there shall be maintained a setback from the side street of not less than fifty (50) percent of the front yard required on the lots in the rear of such corner lots, but such setback need not exceed fif- teen (15) feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than five (5) feet to the side lot line of said adjacent lot. 3. Rear Yard: There shall be a rear yard having an average depth of not less than fifteen (15) feet. -40- 4. Lot Coverage: No building with its accessory buildings shall occupy in excess of thirty (30) percent of the area of the lot. 5. Lot Area: Every dwelling hereafter erected or structurally al- tered shall be on a lot having an area of not less than eight thou- sand (8,000) square feet and width at the front building line of not less than sixty (60) feet. 6. Accessory Buildin s: Accessory buildings shall not encroach upon the front yard. They may encroach upon the side yards provided no buildings are closer to the lot lines than six (6) feet, and pro- vided further that on a corner lot accessory buildings shall not en- croach upon the front or side yards adjacent to the abutting streets. -41- (The next page is 46) ARTICLE VIII. "R-4" MULTI -FAMILY DISTRICT A. Use Regulations: Permitted uses are: 1. Any use permitted in the "R-3" Single -Family District, including Special Uses, subject to the provisions of Article XV. 2. Two-family dwelling structures. 3. Row dwellings containing three (3) or more family units. 4. Multiple dwellings and apartments. 5. Boarding and lodging houses. 6. Signs, subject to Article XVIII. 7. Required off-street parking. B. No building or structure shall hereafter be erected, altered or en- larged to exceed three (3) stories nor to exceed thirty-five (35) feet in height and dwelling use shall be allowed on all three (3) living levels. C. Areas: No building or structure shall hereafter be erected and no buil id'ng or structure shall hereafter be enlarged which would when erect- ed conflict with or when enlarged or altered further conflict with the following requirements for yards and lot areas and coverage of lot: 1. Front Yard: There shall be a front yard of not less than thirty (30) feet. 2. Side Yard: On interior lots there shall be a side yard on each side of the main building. Each such side yard shall be ten (10) percent of the width of the lot, but in no instance shall it be necessary to have a side yard of more than ten (10) feet on each side. On corner lots the side yard on the intersecting street side shall not be less than ten (10) feet, except in the case of a re- versed corner lot, where there shall be a side yard on the street side of the corner lot of not less than fifty (50) percent of the front yard required in the lots in the rear of such corner lot. No accessory building on said reversed corner lot shall project beyond the front yard line required on the adjacent lot in the rear, nor be located nearer than five (5) feet to the side lot line of such ad- jacent lot. 3. Rear Yard: There shall be a rear yard of not less than twenty- five 25 feet for interior lots, nor less than fifteen (15) feet for corner lots. 4. Lot Coverage: Not more than thirty-five (35) percent of the area 57 a lot may be covered by buildings or structures. -46- 5. Lot Area: No building shall hereafter be erected or structural- ly altered on any lot less than seventy-five (75) feet in width nor less than ten thousand (10,000) square feet in area except that a single family dwelling may be erected on any lot of smaller area and less width which has been duly recorded prior to the passage of this ordinance if it was then and still remains separately owned from ad- joining lots on either side. Every residential building hereafter erected or structurally altered for use other than for a single fam- ily dwelling shall provide a lot area per dwelling unit, or where indicated, per sleeping room, as follows: Two Family Dwelling Multiple dwelling, apartment or row dwelling of more than two units regardless of the number of bedrooms therein. Efficiency Units 4300 square feet per dwelling unit. 4300 square feet per dwelling unit 4300 square feet per dwelling unit Boarding and lodging houses, 500 square feet per orphanages, nursing or rest sleeping room homes. 6. Courts: No inner court or courts completely surrounded on all sides by a building shall be permitted. Outer courts are permitted, provided the depth of the court is no greater than the width of the court. 7. Accessory Buildings: The same regulations shall apply as requir- ed in the - Single amily District. -47- (The next page is 52) ARTICLE VIII-1. "R-4A" MULTI FAMILY DISTRICT A. Use Regulations: Permitted uses are: 1. Any use permitted in the "R-3" Single Family District, including Special Uses, subject to the provisions of Article XV. 2. Any use permitted in the "R-4" Multi -Family District. B. Height`: The same height regulations shall apply as required in the "R-4" Multi -Family District. C. Areas: The same area regulations shall apply as required in the "R-4'r Mu7ti-Family District except that the provisions therein relating to minimum lot width shall be increased herein to severity -five (75) feet, the minimum lot area of such lots shall be increased herein to eleven thousand (11,000) square feet, and the minimum lot area per dwelling unit shall be increased herein to five thousand five hundred (5,500) square feet per dwelling unit. -52- (The next page is 57) ARTICLE VIII-2. "R-5" CONDOMINIUM DISTRICT A. Use Regulations: Permitted uses are: 1. All of the condominium uses included within the scope and opera- tion of the Condominium Property Act of Illinois (Illinois Revised Statutes, Chapter 30, Sections 301, et. seq.). 2. Required off-street parking: every dwelling unit shall be provided with the same minimum off-street parking facilities as required for a multi -family dwelling use. B. No building or structure shall hereafter be erected, altered or enlarg- ed to exceed three (3) stories not to exceed thirty-five (35) feet in height and dwelling use shall be allowed on all three (3) living levels. C. Areas: No building or structure shall hereafter be erected and no building or strucure shall hereafter be enlarged which would when erected conflict with or when enlarged or altered further conflict with the fol- lowing requirements for yards and lot areas and coverages of lot: 1. Front Yard: There shall be a front yard of not less than thirty (30) feet. 2. Side Yard: On interior lots there shall be a side yard on each side of the main building. Each such side yard shall be ten (10) per- cent of the width of the lot, but in no instance shall it be necessary to have a side yard of more than ten (10) feet on each side. On cor- ner lots the side yard on the intersecting street side shall not be less than ten (10) feet, except in the case of a reversed corner lot, where there shall be a side yard on the street side of the corner lot of not less than fifty (50) percent of the front ;yard required in the lots in the rear of such corner lot. No accessory building on said reversed corner lot shall project beyond the front: yard line required on the adjacent lot in the rear, nor be located nearer than five (5) feet to the side lot line of such adjacent lot. 3. Rear Yard: There shall be a rear yard of not less than twenty- five 25 feet for interior lots, nor less than fifteen (15) feet for corner lots. 4. Lot Coverage: Not more than thirty-five ( 35 ) percent of the area of a lot may be covered by buildings or structures. 5. Lot Area: No building shall hereafter be erected or structurally altered -on any lot less than seventy-five (75) feet in width nor less than ten thousand (10,000) square feet in area except that a single family dwelling may be erected on any lot of smaller area and less width which has been duly recorded prior to the passage of this ordi- nance if it was then and still remains separately owned from adjoining lots on either side. Every residential building hereafter or struc- turally altered for use other than for a single family dwelling shall provide a minimum lot area of four thousand three hundred (4,300) square feet per dwelling unit. 6. Accessory Buildings: The same regulations shall apply as required in tFiee "R-3"SingleFamily District. -57- (The next page is 62) ARTICLE VIII-3. "R-5A" CONDOMINIUM DISTRICT A. Use Regulations: Any use permitted in the "R-5" Condominium District. B. Height: The same height regulations shall apply as required in the "R-5 ondominium District. C. Area: The same area regulations shall apply as required in the "R-5" Condominium District, except that the provision therein relating to mini- mum lot area of such lots be increased herein to eleven thousand (11,000) square feet and the minimum lot area per dwelling unit shall be increased herein to five thousand five hundred (5,500) square feet per dwelling unit. -62- (The next page is 67) ARTICLE IX. 9-1" COMMERCIAL -RETAIL DISTRICT The Commercial Retail area is designed primarily for the retail shopping activities of persons residing in the trading area and to permit such retail uses as shall be compatible with each other as distinguished from non -rental activities which are not conducive to enhancing a retail shopping area. A. Permitted Uses: 1. Permitted Uses are: (-a) Automobile Service Stations, not required to be operated within an enclosed area. Provided no automobile service sta- tion shall be permitted within 600 feet of any existing automo- bile service station. (a) Banks, Savings & Loan Associations, and other financial institutions. (b) Bakeries, where all goods are sold on the premises at retail. (c) Barber Shops and Beauty Shops. (d) Books and Stationery Stores. (-e) Delicatessen Stores, with catering service, if any, only as incidental to the main use. (e) Dry Cleaners' pick-up stations and facilities for cleaning not more than 1,000 pounds of dry goods per day and using non- flammable cleaning agents. (f) Drug Stores (g) Electrical Appliance Shops (h) Florist Shops and Greenhouses for Retail trade only. (i) Grocery, Fruit or Vegetable Stores. (j) Hardware Stores (k) Launderettes and Laundromats (1) Meat Markets or Poultry Stores, if no slaughtering or stripping is involved (m) Package Liquor Stores (n) Pet Shops (o) Radio, Television Sales and Services -67- (p) Restaurants, including the sales of alcoholic beverages (q) Retail Stores and Services (r) Shoe Repair Shops (s) Signs subject to Article XVIII (-t) Tavern (t) Tailor and Dressmaking Shops, not employing more than five (5) people. (u) Temporary buildings incidental only to construction of permitted use. (v) Department, furniture and home appliance stores. (w) Hand Laundries (x) Theaters, indoor. (y) Professional or Service Offices (z) Uses customarily incidental to any of the above uses and accessory buildings when located on the same lot. All business or service of aforesaid stores, shops, or businesses shall be conducted wholly within a completely enclosed building, except for automobile parking and off-street loading areas. Special uses, subject to the provisions of Article XV. 2. The following uses are permitted above or below the main floor of the buildings in this District: (a) Apartments - limited and restricted however to only the first floor above or below the main floor of buildings in this District. (b) Business, Music, Dance or Commercial Schools (c) Dance Halls (d) Employment Agencies (e) Radio Broadcasting Stations (f) Lodge Rooms, Fraternal Halls B. Height: No building or structure shall hereafter be erected, altered or enlarged to exceed three (3) stories nor to exceed thirty-five (35) feet in height. C. Areas: No building or structure shall hereafter be erected and no building or structure shall hereafter be enlarged which would when erect- ed conflict with or when enlarged or altered further conflict with the following requirements for yards and lot areas and coverage of lot: 1. Front Setback: All new structures permitted in this district shall be set back from the front street line a distance sufficient to provide a sidewalk not less than ten (10) feet wide. 2. Side Yard: Where a lot is used for any of the purposes permitted in this district and is located at the intersection of two or more streets, and where "R" District adjoins the rear of said lot, the sideyard on the side of the lot adjacent to the street shall not be less than ten (10) feet in width, except that the buildable width of the lot shall not be reduced to less than twenty (20) feet. In all other cases a side yard is not required except on the side of a lot adjoining a dwelling district, in which case there shall be a side yard of not less than five (5) feet. 3. Rear Yard: There shall be a rear yard having a depth of not less than ten 10 feet when abutting upon a public alley and not less than twenty (20) feet when no dedicated alley or public way exists at the rear of the lot. -69- (The next page is 74) ARTICLE X. "B-2" COMMERCIAL - RECREATION DISTRICT The Commercial - Recreation District is designed primarily to provide for the convenience needs of transient, vacationing and recreational needs of persons other than retail purchasers who may or may not reside within proximity of the City, and to provide a district which would en- courage the interchange of recreational activity and supplement but not distract from other less allied retail and commercial uses. A. Permitted Uses: 1. Automobile Service Stations 2. Clubs, Lodges, and Fraternal Organizations 3. Marine Sales and Service 4. Motels 5. Hotels 6. Offices 7. Tourist Homes 8. Billiard and Pool Rooms 9. Bowling Alleys, Skating Rinks, Golf Driving Ranges, and Miniature Golf Courses 10. Dance Halls 11. Garages and lots, public, for storage of private passenger auto- mobiles, but not including repair service 12. Signs, subject to Article XVIII 13. Restaurants 14. Taverns 15. Theaters 16. Uses cutomarily incidental to any of the above uses and accessory buildings when located on the same lot 17. Required off-street parking 18. Special Uses, subject to the provisions of Article XV B. Height: No building or structure shall hereafter be erected, altered or enlarged to exceed three (3) stories nor to exceed thirty-five (35) feet in height. -74- C. Areas: No building or structure shall hereafter be erected and no buil iding or structure shall hereafter be enlarged which would when erect- ed conflict with or when enlarged or altered further conflict with the following requirements for yards and lot areas and coverage of lot: 1. Front Setback: All new structures permitted in this district shall be set back from the front street line a distance sufficient to provide a sidewalk not less than ten (10) feet wide. 2. Side Yard: Where a lot is used for any of the purposes permitted in this district and is located at the intersection of two or more streets, and where the "R" District adjoins the rear of said lot, the side yard on the side of the lot adjacent to the street shall not be less than ten (10) feet in width, except that the buildable width of the lot shall not be reduced to less than twenty (20) feet. In all other cases a side yard is not required except on the side of a lot adjoining a dwelling district, in which case there shall be a side yard of not less than five (5) feet. 3. Rear Yard: There shall be a rear yard having a depth of not less than ten TIM feet when abutting upon a public alley and not less than twenty (20) feet when no dedicated alley or public way exists at the rear of the lot. -75- (The next page is 80) ARTICLE XI. "B-3" COMMERCIAL DISTRICT A. Standards: All buildings, structures and uses in the "B-3" Commer- cial Fir -strict shall comply with the following regulations: 1. Apartments above or below a permitted commercial use shall be permitted provided, however, that such apartment use shall be limited and restricted to only the first floor above or below the main floor of buildings in this District. 2. All operation and production activities shall be conducted or maintained wholly inside an enclosed building. Where open storage is used, the area should be effectively screened by a decorative solid wall or fence, or dense evergreen planting of sufficient height to block out the view of the storage area, from any park or Residential District. No open storage shall be permitted within sixty (60) feet of an adjoining Residential District or public park. 3. No noise from the operations (other than that emanating from vehicular traffic) either continuous or intermittent, shall be detectable at the boundary line of any Residence District. 4. No toxic matter, noxious matter, smoke or gas, and no odorous or particulate matter detectable beyond the lot lines shall be emitted. 5. No vibrations shall be detectable beyond the lot lines. 6. No glare or heat shall be detectable beyond the lot lines. 7. Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any Resident District or into public streets or parks. 8. No fuel except electricity, oil or gas shall be used. 9. The storage or use of chemicals, either solid, liquid or gas, shall be subject to the following conditions: (a) The storage, utilization or manufacture of materials or products ranging from incombustible to moderate burning is per- mitted. (b) The storage, utilization or manufacture of materials, ranging from free to active burning is permitted, provided the following condition is met: said materials or products shall be stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system. (c) The storage, utilization or manufacture of flammable materials which produce explosive vapors or gases is prohibit- ed, except that storage of gasoline and fuel oil for use solely for heating or operation of vehicles in connection with the principal use is permitted, provided storage is underground :o and does not exceed a capacity of one thousand (1,000) gallons, except that retail gasoline filling station or fuel oil retail sales stations shall be permitted underground installation of a tank, or tanks, which shall not be more than sixteen thousand (16,000) gallons total capacity. 10. No raw materials shall be processed into any of the following basic products: metals of any kind, gases, plastics, textiles, paper and leather. 11. All premises shall be furnished with all-weather surface walks; and except for parking areas, grounds shall be planted and landscaped. B. Permitted Uses: Permitted uses are: 1. Any use permitted in the "B-1" Commercial Retail District and any use permitted in the "B-2" Commercial -Recreation District. 2. Automobile service station. 3. Agricultural implement sales and service. 4. Air conditioning and heating sales and service. 5. Auction rooms. 6. Automobile sales and service shop. 7. Battery and tire service stations. 8. Beverage distributors, but not including bottling plants. 9. Book binding. 10. Catering establishments. 11. Clubs, lodges or fraternal organizations. 12. Expressing, baggage, and transfer delivery service. 13. Garages or lots, public or private, for storage of passenger automobiles, trucks or buses. 14. Laboratories. 15. Laundry. 16. Painting and decorating shops. 17. Plumbing, heating, electrical and roofing supply contractors, including the customary work shop. 18. Printing, publishing, and issuing of newspapers, periodicals, books, and other reading matter. 19. Printing shop. 20. Radio broadcasting station., 21. Taxi cab operations. That taxi cab operations shall be permitted only in the "B-3" Commercial District. 22. Telegraph service stations. 23. Trailer sales. 24. Wholesale establishments. 25. Maufacturing or processing which is clearly incidental to use is permitted. Such manufacturing or processing is limited to that which employs not more than ten persons in the manufacturing or processing. 26. Offices, professional offices, and medical clinics. 27. Undertaking establishments. 28. Temporary buildings incidental only to construction of a permitt- ed use. 29. Uses customarily incidental to any of the above uses and access- ory buildings when located on the same lot. 30. Signs, subject to Article XVIII. 31. Used car lots. 32. Construction offices. 33. Required off-street parking. 34. Special uses, subject to the condition of Article XV. C. Hei ht: No building shall hereafter be erected so as to exceed twen- ty-five 25) feet in height, except that additions to existing buildings may be extended not to exceed the height of the existing principal build- ing. D. Areas: No building or structure shall hereafter be erected and no building or structure shall hereafter be enlarged which would when erect- ed conflict with or when enlarged or altered further conflict with the following requirements for yards and lot areas and coverage of lot: 1. Front Yard: All new structures permitted in this district shall be set back from the front street line a distance sufficient to pro- vide a sidewalk not less than ten (10) feet wide. 2. Side Yard: Where a lot is used for any of the purposes permitted in this district and is located at the intersection of two or more streets, and where an "R" District adjoins the rear of said lot, the -82- side yard on the side of the lot adjacent to the street shall not be less than ten (10) feet in width, except that the building width of the lot shall not be reduced to less than twenty (20) feet. In all other cases a side yard is not required except on the side of a lot adjoining a dwelling district in which case there shall be a side yard of not less than five (5) feet. 3. Rear Yard: There shall be a rear yard having a depth of not less than ten 10 feet when abutting upon a public alley and not less than twenty (20) feet when no dedicated alley or public way exists at the rear of the lot. -83- (The next page is 88) ARTICLE XII. "B-4" COMMERCIAL - REGIONAL SERVICE A. Purpose: The "B-4" Regional Service District is designed to furnish those necessary services which may also be uses permitted in the Retail and Recreational Districts to service transient or non -local vehicular traffic at major vehicular intersections, and area services. B. Standards: The following conditions shall be applicable to all buil ings, structures, and uses in the 94" District: 1. No building shall be used for residential purposes. 2. All business establishments in this District shall be under roof; all business operations shall be conducted under roof, and there shall be no outside storage of apparatus, materials or devices used in the conduct of the business, or objects upon which a service is to be performed in the operation of the business. 3. Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any Residential District or upon a public street or park. C. Use: Any building or premises within the "B-4" Regional Service Dis- trict -shall be used only for the following purposes: 1. Air Conditioning and Heating Sales and Service. 2. Automobile Sales and Service Shops. 3. Book Binding. 4. Catering Establishments. 5. Garages or Lots, public or private, for storage of passenger automobiles, trucks, or buses, all of such storage to be under roof. 6. Laboratories. �. Laundries. S. Painting and Decorating Shops. 9. Plumbing, Heating, and Roofing Supply and Work Shops. 10. Printing, Publishing, and Issuing of Newspapers, Periodicals, Books and other reading matter. 11. Printing Shops. 12. Radio Broadcasting Stations. 13. Telegraph Service Stations. 14. Offices, Professional Offices, and Medical Clinics. nm 15. Uses customarily incident to any of the above uses and accessory buildings when located on the same lot. 16. Manufacturing or processing which is clearly incidental to use is permitted. Such manufacturing or processing is limited to that which employs not more than ten (10) persons in the manufacturing and pro- cessing. 17. Temporary buildings incident only to construction of a permitted use. 18. Signs, subject to Article XVIII. 19. Required off-street parking. No parking shall be permitted in the front lot area, but only upon side and rear yard areas provided for such purposes. 20. Special uses, subject to the conditions of Article XV. D. Height: No building shall hereafter be erected so as to exceed twen- ty-five 25) feet in height, except that additions to existing buildings may be extended not to exceed the height of the existing principal build- ing. E. Areas: No building or structure shall hereafter be erected and no buil ing or structure shall hereafter be enlarged which would when erect- ed conflict with or when enlarged or altered further conflict with the following requirements for yards and lot areas and coverage of lot: 1. Front Yard: All new structures permitted in this District shall be set back From the front curb line a distance of twenty-five (25) feet, and all front yard widths shall be not less than eighty (80) feet wide. 2. Side Yard: Where a lot is used, for any of the purposes permit- ted 1n tom —District and is located at the intersection of two or more streets, and where an "R" District adjoins the rear of said lot, the side yard on the side of the lot adjacent to the street shall not be less than ten (10) feet in width, except that the building width of the lot shall not be reduced to less than twenty (20) feet. In all other cases a side yard is not required except on the side of a lot adjoining a dwelling district, in which case there shall be a side yard of not less than five (5) feet. 3. Rear Yard: There shall be a rear yard having a depth of not less than twenty (20) feet, and the combination square footage of rear yard and side yard must total not less than the minimum square foot- age required for off-street parking in this District. F. Use Intensit : No building, with its accessory buildings, shall oc- cupy more than forty (40) percent of the area of the lot or tract. -89- (The next: page is 94) ARTICLE XIII. INDUSTRIAL PARK DISTRICT A. Purpose: The Industrial Park District is designed primarily to per- mit administrative, research, restricted industrial, light industrial, and other related activities, which do not in any way detract from the existing character of the City, and to restrict such activities to an area which is in proximity to low-lying terrain, easily accessible to the most traveled road, or roads, or to other forms of merchandise and freight transportation. All of the following restrictions are imposed to protect and foster the residential character of the City and to promote its orderly economic growth. B. Site Requirements: The Industrial Park District shall not have con- tained therein, nor shall it be in any way divided into, a building site having less than one acre minimum area. C. Standards: All buildings, structures, and uses in the Industrial Park District shall comply with the following regulations: 1. No building shall be used for residential purposes. 2. No retail sales or services shall be permitted, except as inci- dental or accessory to a principal and permitted use. 3. All operations, activities and storage shall be conducted or maintained wholly inside enclosed buildings. 4. No noise from the operations (other than that emanating from vehicular traffic) either continuous or intermittent, shall be detectable at the boundary line of any Residence District. 5. No toxic matter, noxious matter, smoke or gas, and no odorous or particulate matter detectable beyond the lot lines shall be emitted. 6. No vibrations shall be detectable beyond the lot lines. 7. No glare or heat shall be detectable beyond the lot lines. 8. Exterior lighting fixture shall be shaded wherever necessary to avoid casting direct light upon any Residence District or into any public streets or parks. 9. No fuel except electricity, oil, or gas shall be used. 10. The storage or use of chemicals, either solid, liquid, or gas, shall be subject to the following conditions: (a) The storage, utilization, or manufacture of materials or products ranging from incombustible to moderate burning is permitted. -94- (b) The storage, utilization, or manufacture of materials or products ranging from free to active burning is permitted, pro- vided the following condition is met: said materials or pro- ducts shall be stored, utilized, or manufactured within com- pletely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system. (c) The manufacture of flammable materials which produce ex- plosive vapors or gases is prohibited. 11. No raw materials shall be processed into any of the following basic products: Metals of any kind, glass, plastics, textiles, leather, or paper. 12. All premises shall be furnished with all-weather surface walks, and, except for parking areas, grounds shall be planted and land- scaped. D. Permitted Uses: Any building or premises within the Industrial Park District shall be used only for the following purposes: 1. Compounding, processing, and blending of chemical products. 2. General, administrative, research data processing offices. 3. Machine shops and metal products manufacture, and tool and die shops. 4. Processing and assembling of light -weight products. 5. Research laboratories. 6. Signs, subject to Article XVIII. 7. Storage warehouses for a specific business enterprise, but not including commercial storage for hire. B. Accessory buildings incidental to the foregoing. 9. Required off-street parking. 10. Special uses, subject to the provisions of Article XV. E. Restrictions and Regulations: 1. Use: No building in the Industrial Park District shall occupy more than 60% of the lot, tract, or site provided therefor, and in- cluded in building area shall be all accessory permitted buildings. 2. Area Regulations: All structures on any interior street site within an Industrial Park District shall be set back not less than twenty-five (25) feet from the roadway right-of-way Mine, nor less -95- than seventy-five (75) feet from the roadway right-of-way line on any major street. Major streets shall be considered as those having the characteristics of Illinois State Routes 120 and 31. The set back shall apply to both street frontages of a corner lot. A driveway fronting the structure shall be permitted in back of the 25-foot or 75-foot set back, and access driveways may be constructed in number and width as shall be permitted in accordance with need, and upon ap- proval of the Superintendent of Public Works. However, no automo- biles or other vehicles shall be permitted to park between the road- way and the front line of the structure upon the site, regardless of set back. Each principal building, or accessory building, on a site shall have a side yard of not less than twenty-five (25) feet in width. Each principal building, or accessory building, shall have a rear yard of not less than 35 feet in depth. If the rear yard shall abut a residential district, nothing shall be placed or constructed upon the rear ten (10) feet of said rear yard. No building shall be erected in the Industrial Park District which shall be in excess of forty (40) feet, or three stories, whichever is less above the grade line fronting upon the site. Each building site in the Industrial Park District shall have a minimum street frontage of one hundred twenty-five (125) feet. 3. Parkin Regulations: All site's in an Industrial Park District shall provide a parking area which shall contain not less than one parking space for each three employees and, for purposes of this Dis- trict, 300 feet shall be considered as the minimum square footage necessary to accomodate a single car and to provide for appurtenant means of access to such parking. No on -street parking, standing, or loading shall be permitted in the Industrial Park District. 4. Area Development Requirements: Every Industrial District area development as set forth in this Article, in those: areas such as are designated on the Zoning Map of the City of McHenry, shall be consis- tent with the purposes and intent of the Article and shall be laid out and developed as comprehensive units and fully integrated with the Plan, all of which shall be approved and authorized by the City Council. 5. Street and Driveway Improvement and Regulations: All Industrial Park District shall be developed and in accordance with a plan which shall be submitted to the City Council for approval prior to the im- provement of any portion of the industrially -classified area. The proposed plan shall provide for streets having a right-of-way width of thirty-three (33) feet from back of curb 'to back of opposite curb. The right-of-way paved surface inside the curbs shall be im- proved by twelve (12) inches of compacted gravel, grade 7 or 9, and shall have two 1-1/4 inch layers of bituminous concrete, type B-5 (modified plant mix). The maximum size of the aggregate used in the ME top layer shall not exceed 1/2 inch: The bottom layer of the aggre- gate is to consist of not less than 112, nor more than 1 inch. The bituminous prime coat on all streets is to be spread at 1/4 to 1/2 gallons per square yard, the exact application to be determined by the City Engineer upon inspection. All curbs shall be type M-6.12. All driveways and parking areas on sites within an Industrial Park District shall be constructed of hard surface paving materials, eith- er bituminous or better, to be laid upon all gravel of not less than four (4) inches in depth. The plan shall also provide for an easement ten (10) feet in width on each side of each roadway in the area proposed to be developed. This easement shall be in favor of the City of McHenry and the terms of the grant in easement shall be such as to permit the use of each or both ten (10) foot easements by the City for installa- tion of water mains, storm sewer drains, sanitary sewer drains, util- ity lines, sidewalks, or other municipal purposes as shall be deemed necessary by the City of McHenry. 6. Approval of Plan: Any plan of development of an Industrial Park area which shall be submitted to the City Council and shall indicate development and improvement in accordance with the terms of this Article shall be accepted by the Council, and such acceptance and approval shall be indicated by the signature of the Mayor affixed to said plan. -97- (The next page is 102) ARTICLE XIV. "I-l" HEAVY INDUSTRIAL DISTRICT A. Purpose: The "I-l" Heavy Industrial District is designed primarily to permit administrative, industrial, and other related activities, which do not in any way detract from the character of the City and which are not permitted in the Industrial Park District, and to restrict such ac- tivities to an area of low-lying terrain located adjacent to heavily tra- veled transportation route but in proximity to residential areas. All of the following restrictions are imposed to protect and foster the afore- mentioned residential character of the City. B. Standards: All buildings, structures and uses in the "I-l" Heavy Industrial District shall comply with the following regulations: 1. No building shall be used for residential purposes. 2. No retail sales or services shall be permitted, except as inci- dental to a principal and permitted use. 3. No noise from the operations (other than that emanating from vehicular traffic) either continuous or intermittent shall be detect- able at the boundary line of any Residence District.. 4. No toxic matter, noxious matter, smoke or gas, and no odorous or particulate matter detectable beyond the lot lines shall be emitted. 5. No vibrations shall be detectable beyond the lot lines. 6. No glare or heat shall be detectable beyond the! lot lines. 7. Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any Residence District or into public streets or parks. 8. The storage or use of chemicals, either solid, liquid or gas shall be subject to the following conditions: (a) The storage, utilization or manufacture of materials or products ranging from incombustible to moderate burning is per- mitted. (b) The storage, utilization or manufacture of materials rang- ing from free to active burning and flammable materials which produce explosive vapors or gases is permitted, provided the following condition is met: Said materials or products shall be stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system, all in accordance with accepted best practices of the National Board of Fire Underwriters. 9. All premises shall be furnished with all-weather surface walks; and, except for parking areas, grounds shall be planted and land- scaped. -102- 10. All operation` and production activities shall be conducted or maintained wholly inside an enclosed building. Where open storage is used, the area should be effectively screened from view by a decora- tive solid wall or fence, or dense evergreen planting of sufficient height to block out the view of the storage area from any public street, park or Residential District. No open storage shall be per- mitted within sixty (60) feet of an adjoining Residential District or public park. C. Permitted Uses: Permitted uses within the "I-1" Heavy Industrial District are: 1. Contractor's plant, including storage yards. 2. Building material and fuel yards. 3. Feed, flour and grain storage. 4. Warehouse and storage plants. 5. Bulk oil and gasoline storage. 6. Manufacturing plants. 7. Other industrial and manufacturing uses meeting all requirements of this and all applicable ordinances. 8. Special uses, subject to the provisions of Article XV. D. Height: No building shall be erected in the "I-l" Heavy Industrial District which shall be in excess of forty (40) feet,, or three stories, whichever is less, above the grade line fronting upon the site. E. Area Regulations: No building site in the "I-l" Heavy Industrial District shall be less than one acre overall. No building, or any part thereof, shall be hereafter erected, altered, or relocated so that any part of said building shall be less than (forty) 40 feet from the right- of-way line of any road upon which it fronts or abuts. No "I-l" Heavy Industrial District tract shall be located so as to front upon State Routes 120 or 31, or Crystal Lake Road. Each principal building shall have a side yard on each side, the total width of both side yards not less than fifty (50) feet, with a minimum side yard on either side of fifteen (15) feet. Each principal building shall have a rear yard of not less than twenty-five (25) feet in depth. Each building site in the "I-l" Heavy Industrial District shall have a minimum street frontage of one hundred twenty-five (125) feet. F. Intensity of Tract Use: No building in the "I-ll" Heavy Industrial District, which, taken together in area with its accessory buildings, shall occupy more than 60% of the lot or tract provided. -103- Where a tract is improved with an existing building or structure, the structure or building shall not be deemed to be non -conforming unless it occupies in excess of 75% of the tract, and any such existing structure or building may be enlarged and additional buildings may be erected, pro- vided such addition shall not, when added to the existing building or structure, occupy more than 75% of the tract. G. Road Development and Parking Regulation: Each Heavy Industrial Dis- trict site shall provide a parking area which shall contain not less than 300 square feet of space for each three employees and, for the purposes of this District, 300 feet shall be considered as the minimum square footage necessary to accomodate a single car and to provide for appurten- ant means of access to such parking. Any Heavy Industrial site, or Heavy Industrial area development, fronting on an established roadway shall be regulated as to street parking by local ordinance. If the development of such site or area shall require public road construction, such construction shall comply in all respects to the street and driveway improvements regulations as found) in paragraph 5 of Section E, Article XIII, Industrial Park District. No vehicle parking shall be permitted on the required forty (40) foot set back, or forty (40) feet from either roadway in the case of a corner lot, nor shall any parking be permitted on a thirty-three (33) foot roadway constructed in compliance with this section. Access driveways may be constructed in number and width as shall be permitted in accordance with need, and upon approval of the Superinten- dent of Public Works. -104- (The next page is 109) ARTICLE XV. SPECIAL USES A. Purpose: The development and execution of a comprehensive zoning ordinance is based upon the division of the City into districts within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses are uses either municipally operated, or operated by publicly regu- lated utilities, or private ownership uses traditionally affected with a community or public interest, and they are herewith designated as follows: Airport, landing field, or landing strip. Areas for dumping or disposal of trash or garbage. Auto dismantling and storage of junk. Bus terminal, railroad passenger station, or any other trans- portation terminal facilities. Cemeteries, Crematories or Mausoleums. Extraction of gravel, sand or other raw materials. Hospitals or sanitariums. Nursery schools, day nurseries, and child care centers, provid- ed there is 'a minimum of one hundred (100) square feet of out- door play area for each child to be cared for, and that the play area is fenced and screened with planting from any adjoin- ing lot in any "R" District. Nursing or rest home, orphanages, homes for aged. Planned Unit Development (subject to such additional standards and requirements as are set forth in Article XV. Special Uses E.) Privately owned recreation building or community center. Private park or playground. Public utility facilities, i.e., filtration plant or pumping station, heat or power plant, transformer station and other similar facilities. Commercial radio and television transmitting or antenna towers and other electronic equipment requiring outdoor towers and in- cluding antenna towers for the dispatching of private messages. -109- Railroad right-of-way. Churches, synagogues, and any other place of religious worship. Country Club. B. Application for Special Use Permit: Applications for Special Use permits shall be in the same form as those files for variations and amendments to this ordinance, and all procedures shall be as herein set forth in regard to such hearings and findings. C. Standards: Special uses shall be authorized by the City Council, provided that a public hearing concerning such request for special use permit shall first be held by the Zoning Board of Appeals in proper form, and the recommendation of the Zoning Board of Appeals and the City Coun- cil, in order to approve the special use permit requested, shall find that: (1) the special use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located; (2) the location and size of the special use, the nature and inten- sity of the operation involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it, shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is to be located; (3) the location, nature and height of buildings;, walls and fences, and the nature and extent of the landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings, or will not im- pair the value thereof; (4) parking areas shall be of adequate size for the particular use, properly located, and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to prevent traffic hazards and nuisances. D. Conditions: The Zoning Board of Appeals may recommend and the City Council may provide such conditions or restrictions upon the construc- tion, location and operation of a special use, including but not limited to provisions for off-street parking and loading, as shall be deemed necessary to secure the general objectives of this ordinance and to re- duce injury to the value of property in the neighborhood. E. Planned Unit Development - particular provisions and requirements concerning Planned Unit Developments: The subdivisions, development and use of land containing more than forty (40) acres as an integral unit, combining more than one primary land use and which may provide for sin- gle-family residential, multi -family residential, educational, business, commercial and industrial uses, and recreational, park and common use areas, may be described as a Planned Unit Development. -110- In its establishment and authorization as a special use, in addition to the foregoing provisions of this Article, the following procedures, requirements, restrictions, standards, and conditions shall be observed: 1. The Planned Unit Development shall be excepted from the provi- sions of the Subdivision Control Ordinance and of the Zoning Ordinance of the City of McHenry to the extent specified in the final authorization of the Planned Unit Development. 2. Procedure• (a) The applicant shall request the City Council, by letter addressed to the City Clerk, to call a conference of the City Council and the Plan Commission and the Zoning Board of Appeals for a preliminary discussion of the proposed Planned Unit De- velopment, and the City Council shall call such conference, which may be continued from time to time. The applicant shall present such exhibits and written information as may be desired to fully acquaint the Boards with the proposed development, and sufficient copies shall be made available for all Board members. (b) Within thirty (30) days after adjournment of the conference the Plan Commission shall submit to the City Council its report in writing containing recommendations with respect to the rela- tion of the propsal to the Comprehensive Plan of the City. (c) The formal petition for a Planned Unit Development shall be addressed to the Zoning Board of Appeals, and shall be filed with the City Clerk, twenty-five (25) copies of the petition shall be filed with the City Clerk, attached to each copy shall be copies of the supporting documents and exhibits hereinafter provided for. (d) A filing fee in an amount of $750.00 shall be paid to the City Clerk at the time of such filing. (e) The City Clerk shall set a hearing date which shall be not less than thirty nor more than sixty days after the filing of the petition. Petitioner shall cause notice of the hearing to be published at least once, not more than fifty (50) nor less than thirty (30) days before said hearing date in one or more newspapers published within the City of McHenry. (f) The City Clerk shall forward a copy of the petition to the Mayor and to each member of the City Council and of the Plan Commission and of the Zoning Board of Appeals. (g) The petition shall be heard by the Zoning Board of Appeals, and its report to the City Council of its findings and recom- mendations shall be accompanied by such plats, exhibits and agreements as shall have been presented by the petitioner, each identified for reference by letter or number, together with any suggested changes therein. (h) The grant of a special use for a Planned Unit Development shall be by specific ordinance, which shall contain or to which shall be appended all terms and conditions of the grant, in- cluding covenants and agreements, guarantees, performance bonds, plats and the like. 3. Content of Petition: The formal petition shall contain, in addi- tion to the requirements of Articles XXI and XXII hereof, the follow- ing: (a) An outline plan of the Planned Unit Development. (b) A topographic survey and boundary survey of the subject area, prepared and certified by a registered Illinois surveyor. (c) A plat of the Planned Unit Development area, showing in contrasting colors or by other means the respective proposed streets, street clarifications, lot sizes, rights -of -way, building lines, easements for utility services, existing build- ings or structures, and the locations of any of the following proposed use areas: (1) R-1 Single -Family District (2) R-2 Single -Family District (3) R-3 Single -Family District (4) R-3A Single -Family District (5) R-4 Multi -Family District (6) B-1 Commercial -Retail (7) B-2 Commercial -Recreational (8) B-3 Commercial -Non -Retail (9) B-4 Commercial -Regional Service (10) Industrial Park (11) I-1 Heavy Industrial (12) Educational (13) Recreational areas, greens or commons (14) Parks and playgrounds, public or private (15) R-5 Condominium District (d) Map of the City of McHenry showing the Planned Unit Devel- opment area and its relation to the existing roads and streets and use districts within and immediately adjacent to the City. (e) Specifications of the following improvements: (1) Roads, streets and alleys, including classifications, widths of rights -of -way, widths of paved surfaces and con- struction details. (2) Sidewalks, including widths of paved surfaces and construction details. (3) Sanitary and storm sewer system. (4) Water supply system. (5) Street lighting and public area lighting system. (6) Recommended installations for electric, gas, and telephone facilities and distribution. -112- (7) Sequence of phases or stages of development of the Planned Unit Development. (f) Estimate of cost of installation of all proposed improve- ments, confirmed by a registered Illinois engineer. (g) Petitioner's proposed covenants, restrictions and condi- tions to be established as a part of the Planned Unit Develop- ment. 4. Construction of Improvements: The petitioner shall construct and install the required improvements, or may post with the City a sum in cash, or negotiable securities, or a surety bond running to the City in an amount sufficient to cover the full cost, including engineering and inspection fees and costs, plus ten per- cent of such total, to assure the satisfactory installation of such im- provements; the amount of such deposit or bond shall be based upon the confirmed estimate of cost hereinabove provided for; -if a surety bond is submitted, it shall have good and sufficient surety thereupon and shall not be accepted until approved by the Mayor and City Council. If the planned Unit Development is to be constructed and developed in stages or phases, the deposit of cash or securities or the bond post- ed shall be in an amount based upon the confirmed estimated cost of installation of improvements in the respective stage or phase. 5. Street Classifications: Street classifications, definitions, and specifications, shall be in accord with the regulations pertaining to same as established in the Sub- division Control Ordinance of the City of McHenry as passed and approved on the 17th day of April, 1961, and as subsequently amended. 6. Variations of Minimum Requirements: Wherever the applicant proposes to provide and set: out, by platting, deed, dedication, restriction, or covenant, any land or space separate from single-family or multi -family residential districts, to be used for parks, playgrounds, commons, greenways, or open areas, the Zoning Board of Appeals may consider and recommend to the City Council, and the City Council may vary the applicable minimum or maximum requirements of the following: (a) rear yard (b) side yard (c) lot area (d) bulk (e) intensity of use (f) street width (g) street construction (h) curbs (i) gutters (j) sidewalks -113- (k) public utilities (1) off-street parking No such variation may exceed twenty-five ( 25 ) percent of the applic- able minimums or maximums for the foregoing, provided that the total num- ber of residential units in the Planned Unit Development shall not be greater than one -per -ten thousand square feet of land) allocable to such residential use, including for computation purposes all such land to be classified as residential property, plus all such designated park areas, playground areas, commons areas, greenways areas, and open areas. 7. Standards: No Planned Unit Development shall be authorized un- less the Zoning Board of Appeals shall find and recommend, in addition to those standards established in Paragraph C of this Article, that the fol- lowing standards will be met: (a) The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development. (b) The uses permitted in such development are not of such nature or so located as to exercise a detrimental influence or effect upon the surrounding neighborhood. (c) That any Industrial Park of "I-l" Heavy Industrial areas established in the Planned Unit Development conform to all re- quirements therefor as set forth elsewhere in this Ordinance. (d) That al,l minimum requirements pertaining to commercial, residential, institutional, or other uses established in the Planned Unit Development shall be subject to the requirements for each individual classification as established elsewhere in this Ordinance, except as may be specifically varied in the Ordinance granting and establishing a Planned Unit Development use. -114- (The next page is 120) ARTICLE XVI. OFF-STREET PARKING AND LOADING A. Off -Street Parking: For the purpose of this Article, one hundred eighty 180 square feet of lot or floor area, which has a means of in- gress or egress from an alley or street, shall be deemed parking space for one vehicle. Such space shall not occupy any part of any required front yard, but where open may be included as part of a required open space for side or rear yard, as provided in the district regulations. On corner or through lots, parking space may not be included as part of re- quired yards lying adjacent to either street. Such parking spaces and access driveways, required in non-residential districts, when used in compliance with the provisions of this ordinance, shall be paved or otherwise surfaced with an all-weather, dustproof material. That part of the driveway connecting from the curb line to the property line shall be paved with concrete or asphaltic materials to the satisfaction of the City. Parking areas serving non-residential uses of property shall be hard surfaced and graded so as to drain off all surface water to storm sewer inlets. When such parking areas or lots abut upon adjacent residential properties, there shall be provided a wall or solid screen planting of appropriate shrubs to a height of not less than four (4) feet, along the entire boundary, common to both the residential and parking areas. Walls or solid screen planting to a height of not less than four (4) feet shall also be placed along the street line where a parking lot abuts upon a street which provides access to adjacent residential properties. Lights used to illuminate such parking lots shall be so arranged as to reflect lighting away from the adjoining premises in the residential district. Such parking spaces shall be reserved for the sole use of the occupants of the building or lots, their customers, and the visitors thereto. Churches, theaters, stadiums, auditoriums, and other places of assembly may make arrangements for joint use of parking spaces as hereinafter specified. In any district, except as noted below, every building built, or structurally altered, enlarged or increased in capacity, and every land use initiated subsequent to the adoption of this Article shall be provid- ed with minimum off-street parking facilities as follows: 1. One (1) Family Dwelling: One parking space for each dwelling unit. Ia. Multiple Family Dwelling Use: Irrespective of the zoning dis- trict in which such use is located: Two (2) parking spaces for each dwelling unit. 2. Tourist Courts, Motels, Hotels, Rooming Houses, and Fraternal Homes: One parking space for each guest's sleeping room. 3. Hospitals: One parking space for each three (3) hospital beds. 4. Tourist Homes: One parking space for each transient sleeping room offered or tourist accomodation in addition to parking spaces required for permanent residents of the building. -120- 5. Churches, Auditoriums, Gymnasiums, Stadiums Theaters and other laces of public or private assembly with fixed seats: One parking space for each three seats or bench seating spaces, based upon maximum seating capacity. For the purpose of this type of use, parking spaces already provided to meet off-street parking requirements for stores, office buildings and industrial establishments, or off-street parking facil- ities provided by the municipality, lying within three hundred (300) feet of the place of public assembly as measured along lines of pub- lic access, and that are not normally in use between the hours of 6:00 P.M. and midnight, and are made available for other parking, may be used to meet up to seventy-five (75) percent of the total require- ments of parking space for places of public assembly. 6. Dance Halls, Bowling Alleys and Private Clubs: One parking space for each two hundred 200 square feet of floor area, to be provided on the premises or within three hundred (300) feet of the entrance. 7. Funeral Homes: Fifteen (15) parking spaces on the premises, plus five 5 spaces for each area which can be used as a parlor. B. Stores and Other Retail Establishments Where Such Uses Are Permitted: One parking space for each two hundred 200 square feet of store space, to be provided on the premises or within three hun- dred (300) feet of the entrances, or in conjunction with a plan of parking approved by the Plan Commission, and off 'the street, except that restaurants or establishments whose primary use is to serve meals and refreshments to patrons shall provide one parking space for each one hundred (100) square feet of floor space in the building. 9. Wholesale and Distributing Establishments including Telephone Exchanges: One parking space for each two 2 employees. 10. Manufacturing and Non -retail Commercial Establishments: Five (5) parking spaces and, in addition, one parking space for each two (2) persons employed at any one time or shift. Parking space shall be on the same premises or at other off-street locations within one thousand (1,000) feet of the entrance to the principal building. Parking space required under this Article shall be increased or re- duced at a time when the capacity or use of a building is changed in such a manner that a new use or capacity would require. Such reductions may not be below the standards set forth in the Article. Loading or unloading areas shall not be considered as parking areas. The joint use of parking facilities may be permitted in cases where major parking demands occur on different days of the week or during dif- ferent hours, provided: (1) that parking spaces will be available for each use in accordance with the above standards, and (2) that the owners agree in writing and record that any subsequent sale or division of the property or change in use thereof will not interfere with the joint use of the parking facilities. -121- A plan of parking facilities shall accompany each application for a Building Permit or Certificate of Compliance. The completion of the im- provements for parking according to such plan shall be a requisite for the validity of the Permit or Certificate. The City Council may authorize a special permit to allow a parking lot in an adjacent zoning district for the purpose of meeting the re- quirements of this Article, subject to the following limitations: 1. Public notice must be given and a public hearing held by the Zon- ing Board of Appeals on the request for a special permit in the same manner in which said notice is given and such hearing is held on a request for a variance. 2. Notice must be given by registered mail to all owners of property lying within three hundred (300) feet of the land for which the spe- cial permit is sought. 3. A special permit shall not be granted unless the application shows and warrants that in the proposed development of the parking area, front and side yards will be met and maintained, and that the area will be improved as required in this Article. B. Off -Street Loading Facilities: On the same lot with every building or part thereof, erected hereafter to be used for other than exclusive dwelling purposes, or as an accessory use for dwelling purposes, there shall be provided on the lot adequate space for motor vehicles to load and unload in order to avoid interference with the public use of streets or alleys. Such space, unless otherwise adequately provided for, shall include a ten (10) foot by twenty-five (25) foot loading space, with fif- teen (15) feet height clearance, and a minimum of one such space shall be provided for each structure, in the Industrtial Park District and "I-1" Heavy Industrial District. -122- (The next page is 127) ARTICLE XVII. ACCESSORY BUILDINGS Accessory Buildings, except as otherwise permitted in this ordinance, shall be subject to the following regulations: 1. Where an accessory building is structurally attached to the main building, it shall be subject to, and must conform to all regulations of this ordinance applicable to the main building. 2. An accessory building may not be located nearer than three (3) feet to any interior lot line and not nearer than five (5) feet to the rear lot line, except as otherwise restricted. 3. No detached accessory building shall be located closer than ten (10) feet of any main building, except as otherwise restricted. 4. An accessory building shall not be erected prior to the estab- lishment or construction of the principal use of building. 5. No accessory building shall be located within the required front yard. -127- (The next page is 132) ARTICLE XVIII. SIGNS A. Any publicly displayed outdoor sign, symbol or notice on a premise to advertise the business there transacted, or name of person or firm con- ducting said business on premises or directing to some other locale, shall be regulated as follows: In "R" Districts the following signs shall be permitted: (a) For each dwelling unit, one unlighted name plate not exceeding one (1) square foot in area, indicating name of occupant. (b) For a structure other than a dwelling unit, one identifi- cation sign not exceeding ten (10) square feet, except a church bulletin board which will not exceed thirty-two (32) square feet of total sign area. This permissive use of signs shall not be construed as applying to non -conforming business struc- tures which may be located in a residential area. (c) For purpose of orientation, directional signs when estab- lished by City, not exceeding six (6) square feet. (d) No sign shall be located on any vacant lot prior to the commencement of construction of a residence, except that one sign, not exceeding a maximum of six (6) square feet may be located on the vacant lot solely for the purpose of advertising the premises on which the sign is located for sale or rent. 2. In the "B" Districts the following signs shall be permitted: (a) No signs shall project more than eighteen (18) inches from the major wall surface, and no sign shall be permitted which advertises other than the name of the business or a product sold on the premises. Outdoor billboards or signs advertising products or matters not related to the occupancy of the prem- ises shall not be permitted. (b) Such signs shall be erected parallel to the vertical wall surfaces and shall not project beyond the end or top of the wall to which it is attached, nor shall any individual sign exceed an area of more than one hundred (100) square feet, nor a height of more than twelve (12) feet. Signs erected on a separate super -structure attached to the roof of the building or to any other part of the building above the roof line shall not be permitted. (c) Directional signs shall be permitted as in the "R" Dis- trict. (d) There shall also be permitted two signs on each business property not attached to the building. Such signs, clocks, or other advertising devices erected upon standards, parapets, piers, or separate supports, shall be placed so as to be entire- -132- ly within the property lines of the premises upon which same are located. No part of the sign or substructure shall have a total height greater than twenty-five (25) feet from the level of the street upon which the sign faces, and no part of the sign or sub -structure shall extend over the sidewalk or street beyond the property line. (e) Said unattached signs shall not have usable sign area greater than a total of two hundred (200) square feet, said area to be computed by considering each side of said sign to the the usable square foot area of advertising space. No more than one hundred (100) square feet per sign face shall be per- mitted. (f) No such unattached sign and sub -standard shall be so con- structed or placed as to constitute a hazard to vehicles or pedestrians by obstructing a safe view of the street, or streets, upon which the premises front, or any sidewalks so fronting the premises, it being the intention that such un- attached signs shall permit clear visibility and not interfere with the ingress and egress of vehicles or pedestrians. The determination of the Superintendent of Public Works in this regard shall be final. (g) No sign may be erected which contains, includes, or is illuminated by any flashing, intermittent or moving light or lights, except those giving primarily time, weather, date, tem- perature or other public service information. No sign may be erected or maintained which is of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle. Signs which may conflict with public traffic signals are prohibited. (h) Traffic or directional signs indicating entrances and exits and conditions of use of parking facilities accessory to the main use of the premises may be maintained, unattached, provided they are located within the property lines of the premises upon which the business, or businesses, may be con- ducted. (i) No sign shall be located on any vacant lot prior to the commencement of construction of a business, except that one sign, not exceeding a maximum of six (6) square feet may be located on the vacant lot solely for the purpose of advertising the premises on which the sign is located for sale or rent. (j) Canopies: No canopies shall be constructed with a clear- ance of less than eight (8) feet. Interior illuminated signs are permitted under such canopies provided they shall be in- stalled or hung in such a manner as to permit a minimum clear- ance of seven (7) feet from the walkway. No sign installed under a canopy shall be of the flashing or blinking type. -133- 3. In "I" Districts the following signs shall be permitted: (a) One sign indentifying the building or building complex. (b) Directional signs permitted as in "R" District. (c) No sign shall be located on any lot prior to the commencement of construction of a principal building on said lot, except that one sign not exceeding forty (40) square feet in area may be lo- cated on a vacant lot solely for the purpose of advertising the premises on which the sign is located for sale or rent, and not more than two (2) signs stating names of architect or contractor may be located on the premises only during construction. (d) No sign shall relate to a business other than that conducted on the premises, nor to a product or products sold in the course of such business. (e) The total area of all signs on any lot, including all exposed sides, shall not exceed three (3) times the number of lineal feet of frontage of the principal building located on the lot. A prin- cipal building on a corner lot shall be deemed to have a frontage equal to the length of those sides of such building which abut a street. (f) No sign shall extend beyond the peak of the roof line of the building to which it is attached. (g) All signs shall be attached to the principal building except that there shall be permitted in the Industrial Park and "I-l" Heavy Industrial Districts not more than three (3) directional signs, or signs showing only the name of the business, none of which shall exceed twelve (12) feet in height from the ground and the aggregate area of all such signs shall not exceed one hundred (100) square feet. (h) No sign attached to a building or structure shall project more than eighteen (18) inches from the face of the wall of any building or structure. (i) Canopies: No canopies shall be constructed with a clearance of less than eight (8) feet. Interior illuminated signs are per- mitted under such canopies provided they shall be installed or hung in such a manner as to permit a minimum clearance of seven (7) feet from the walkway. No sign installed under a canopy shall be of the flashing or blinking type. (j) No sign may be erected which contains, "includes or is illumin- ated by any flashing, intermittent, or moving light or lights, ex- cept those giving primarily time, weather, date, temperature or other public service information. No sign may be erected or main- tained which is of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle. Signs which may conflict with public traffic signals are prohibited. -134- 4. Non -Conforming Existing Signs: Every sign or other advertising structure or device lawfully in exist- ence upon the adoption of this Ordinance may be maintained or repaired from and after the effective date of this Ordinance, but the repair and maintenance of existing non -conforming signs, devices, or structures shall not be construed to include a change in message, product, or in- dication of ownership. B. All petitions requesting any relief from the regulations of this Article relating to signs shall be heard and decided by the City Council, and the concurring vote of the majority of the Council shall be necessary to grant any relief therefrom. The Petitions shall conform to the information re- quirements as established by the Zoning Ordinance and as the Council may from time to time provide. Notice of the hearing on connection with such petitions need not be published in any newspaper. No relief shall be grant- ed by the City Council unless it shall expressly find that: (1) the granting of the relief will not be materially detrimental to the public welfare or injurious to other property or improve- ments in the neighborhood in which the property is located. (2) the granting of the requested relief will not impair an ade- quate supply of light and air to adjacent property, or increase the danger of fire, or endanger the public safety, or substan- tially diminish or impair property values within the neighborhood. -135- (The next page is 140) ARTICLE XIX. PLANNED RESIDENTIAL DEVELOPMENTS The City Council may authorize, by ordinance, after a public hearing and a report by the Zoning Board of Appeals' held and made in the manner provided for amendments herein, the location and development in the "R-l" and "R-2" Residential Districts of a planned residential development of single-family dwellings, on not less than forty (40) acres of land, and provided that: Every development under this Article be consistent with the purpose and intent of this ordinance, and shall be laid out and developed as a unit in accordance with an integrated over-all design, as approved and authorized by the City Council. 1. The buildings shall be used only for single-family dwellings and permitted accessory uses, such as garages, storage space, and project activities. 2. The specific requirements of this ordinance for intensity of land use for the designated residential use district in which the development is located shall be maintained. 3. All other sections of this ordinance may, by specific mention, be varied in whole or in part for any Planned Residential Development under the terms of this section. 4. However, in no case shall the allowable lot area, width or yards re- quirements in the residential use district be reduced to less than the corresponding requirements in the next less restricted residential use district, but in no case less than ten thousand (10,000) square feet. 5. Where a reduction of lot area is allowed within the limits above, an area equal in aggregate area to not less than the! sum of such area re- duction in all lots shall be either set aside as common land to be used by owners of homes in the development, or may be added to the public lands, provided dedication is accepted by the City. 6. In determining the total number of lots which may be created under the terms of this section in accordance with the intensity of use pro- vided by the designated use district, the land available for development (which shall not include any easement for utilities or access, or provi- sion for flood waters) shall be reduced by twenty (20) percent and the remainder shall be divided by the minimum lot area of the designated use district in which the development is located. The! resulting figure, re- duced to the closest smaller whole number, shall be the greatest number of lots developable under the terms of this section. 7. Each proposed lot must have at least fifteen (15) percent of its periphery bounded by the common open area or dedicated lands. Lots may face each other across streets, but may not back up to each other. The average minimum width of any continuous open space shall be not less than fifty (50) feet. All open spaces shall be di- rectly accessible to a public street or a public area having access to a public street. -140_ 8. In addition, the arrangement and use of the common land or land to be dedicated to the City and the method of maintenance of any common land shall be subject to approval by the Plan Commission and City Coun- cil before the provisions of this section apply. -141- (The next page is 146) ARTICLE XX. NON -CONFORMING USES Any building or structure, or use of any building or structure or tract of land, lawfully existing or under construction at the time of the adoption of this ordinance, or of a later amendment, but which does not conform with the requirements of this ordinance, shall be known as a non -conforming use and may remain and the use then being made thereof may be continued. However, any enlargement, alteration, relocation or change in use of such a building, structure, or tract of land, can be continued only as here- after provided. A non -conforming use occupying a part of a building or structure may be extended throughout that part of the building or structure originally de- signed for such use, or throughout the entire building or structure if of uniform design, but in no case shall an addition be made which will provide for the expansion of the non -conforming use. A non -conforming use of land shall not be expanded beyond the area actu- ally so used at the time of the passage of this ordinance, or of a later amendment creating the non -conforming use. Discontinuance: Any non -conforming use of a building, structure, or land which is discontinued for a period of six months or more shall not be continued again and any further use thereof shall be in conformity with the provisions of this ordinance. Any building or structure devoted to a non -conforming use which may be destroyed or damaged by fire or otherwise to the extent of fifty (50) per- cent or more of its full assessed value shall not be repaired or rebuilt, nor shall another building or structure be erected on the premises except in conformity with the provisions of this ordinance. Change: A non -conforming use may not be changed except to a conforming use. A building which conforms as to use but does not: conform as to height, lot area or yards may be altered or enlarged provided the alteration or enlargement does not itself encroach or further encroach upon a required yard nor does not exceed or futher exceed the maximum height requirement. No such additions or enlargement shall reduce the lot area per dwelling unit below the minimum required for each multiple and two-family dwelling unit. Repairs: So long as a building or structure is used or is eligible for use in a non -conforming manner only ordinary repairs and maintenance, in- cluding replacement of the roof covering, shall be permitted. In no case shall such repairs include structural alterations (as defined herein), or other work which will extend appreciably the normal life of the building. Notwithstanding the provisions herein in regard to construction, repair and alteration, it shall be permitted to construct, alter and repair upon premises zoned other than "Residential", but residential in use prior to the adoption of the comprehensive amendment of the Zoning Ordinance of McHenry on the 12th day of March, 1962, unattached garages or accessory buildings. -146- Such structure shall, however, in all other ways comply with pertinent Zon- ing Ordinance and Building Code regulations. Records: The enforcing officer shall make and keep a record, including photographs of all buildings, structures, and land uses which do not conform to the use regulation of the district in which they are located. -147- (The next page is 152) ARTICLE XXI. ADMINISTRATION A. Statement of Purpose: The administration of this Ordinance and the promulgation of its purpose are hereby vested in four (4) offices of the City of McHenry as follows: The Office of the Superintendent of Public Works The Zoning Board of Appeals The Plan Commission The City Council B. Office of the Superintendent of Public Works and the City Council: 1. Office of the Superintendent of Public Works: a. Duties: The Superintendent of Public Works, or his duly des- ignateT cf and acting deputy, as zoning enforcement officer, shall enforce this ordinance and, in addition thereto and in furtherance of said authority, he shall: (1) conduct inspections of buildings, structures, and uses of land to determine compliance with the terms of this zoning ordinance; and (2) prepare and cause to be published on or before March 31 of each year a map showing the existing zoning uses, divisions, restrictions, regulations and classifications in effect on the preceding December 31. b. Zoning Certificates: Except as hereinafter provided, no Building Permit pertaining to the use of land or buildings shall be issued by any employee of this City unless the application for such permit has been examined by the Superintendent of Public Works and has affixed to it or stamped thereon a certificate of the Office of Superintendent of Public Works that the proposed building or structure complies with all the provisions of this ordinance. Any permit or occupancy certificate issued in conflict with the provisions of this ordinance shall be null and void. Every application for a Building Permit for a building in the Industrial Park District or 11I-1" Heavy Industrial District shall have affixed to it the certificate of an architect or registered professional engineer licensed by the State of Illinois stating that in his opinion the building or structure and the proposed use thereof comply with all the provisions of this ordinance. Within twenty (20) days after the receipt of such applications, with the aforesaid certificate attached thereto, the Superintendent of Pub- lic Works shall affix a Zoning Certificate -to the Building Permit provided all relevant provisions of this ordinance are complied with, or the Superintendent of Public Works shall refuse to issue a Zoning Certifcate and shall advise the applicant in writing as to the reasons for said refusal. -152- c. Plats: Every application for a Building Permit shall be ac- companied by' a plat, in duplicate, of the piece or parcel land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions of the piece or parcel, lot, lots, block or blocks, or parts or portions thereof, according to the registered or recorded plot of such land; and said plat shall further show the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building or structure or land, and such other in- formation as may be required by the Superintendent of Public Works for the proper enforcement of this ordinance. d. Occupancy Certificates: No building, or addition thereto, constructed after the effective date of this ordinance and no addition to a previously existing building shall be occupied and no land vacant on the effective date of this ordinance shall be used for any purpose, until an occupancy certificate has been is- sued by the Office of the Superintendent of Public Works. Every occupancy certificate shall state that the use of occupancy com- plies with all the provisions of this ordinance. e. Application for Occupancy Certificate: Every application for a building permit shall be deemed to be an application for an oc- cupancy certificate. Every application for an occupancy certifi- cate for a new or changed use of land where! no building permit is required shall be made directly to the Office of the City Clerk. f. Issuance of OccuRancy Certificate: No occupancy certificate for a building or addition thereto, constructed after the effec- tive date of this ordinance, shall be issued until construction has been completed and the premises inspected and certified by the Office of the Superintendent of Public Works to be in conformity with the plans and specifications upon which the zoning certifi- cate was based. No addition to a previously existing building shall be occupieed in any District, and no new use of building in any "B", Industrial Park or "I-1" District, shall be established until the premises have been inspected and certified by the Office of the Superintendent of Public Works to be in compliance with all the applicable standards of the zoning district in which it is located. Pending the issuance of a regular certificate, a tempor- ary certificate may be issued to be valid for a period not to ex- ceed six (6) months from its date during the completion of any addition or during partial occupancy of the premises. An occu- pancy certificate shall be issued, or written notice shall be given, to the applicant stating the reasons why a certificate can- not be issued, not later than fourteen (14) days after the Office of the Superintendent of Public Works is notified in writing that the building or premises is ready for occupancy. -153- 2. The City Council: a. Duties: The City Council, by its City Clerk, in addition to its municipal authority connected therewith and in furtherance of said authority, shall: ( 1 ) issue all building permits and make and maintain records thereof, (2) issue all occupancy certificates and make and maintain records thereof: (3) maintain permanent and current records of the zoning ordi- nance, including, but not limited to, all maps, amendments and special uses, variations, appeals and applications therefor and records of hearings thereon; (4) receive, file and forward to the Zoning Board of Appeals for action all applications for variations, special uses, amendments, and the records in all appeals; and (5) provide such clerical and technical assistance as may be required by the Zoning Board of Appeals in the exercise of its duties. C. The Zoning Board of Appeals: 1. Creation and Membership: A Zoning Board of Appeals is hereby authorized to be established. The word "Board" when used in this Section shall be construed to mean the Zoning Board of Appeals. a. The said Board shall consist of seven (7) members appointed by the Mayor of the City of McHenry by and with the consent of the City Council. b. The members of said Board shall serve respectively for the following terms, or until their respective successors are appoint- ed and qualified: One for two years Two for three years Two for four years Two for five years for the first seven (7) appointed, and five (5) years each for those following the first seven (7) appointed. c. One of the members of said Board shall be designated by the Mayor as chairman of said Board and shall hold his said office as chairman until his successor is appointed. The chairman shall conduct all meetings of the Board, but, in case of his absence, the attending members shall delegate one of the members present to serve as acting chairman. -154- d. The Mayor shall have the power to remove any member of said Board for cause and after a public hearing. e. Vacancies upon the Board shall be filled for the unexpired term of the member whose place has become vacant in the same man- ner herein provided for the appointment of such member. f. Members of the Zoning Board of Appeals shall be compensated at the rate of $10.00 for each meeting attended, payable quarterly. 2. Jurisdiction: The Board shall hear and decide appeals from and review any order, requirement, decision, or determination made by the adminstrative office charged with the enforcement of this ordinance, in accordance with the provisions of #7 hereinafter. The Board shall further hear and decide all petitions concerning amendments, variations, or the granting of special use permits, under this zoning ordinance, and the concurring vote of five (5) members of the Board shall be necessary to recommend any amendment, granting of variation, or issuance of a special use permit. 3. Petitions: All petitions for hearings held in accordance with the provisions of this ordinance shall be filed with the office of the City Clerk. The petitions shall conform to the information requirements as established by this ordinance and as the Board may, from time to time, by rule provide. The Board shall set a hearing date which shall be not more than sixty (60) days after the filing of the petition. A notice of the hearing shall be published at least once, not more than thirty (30) nor less than fifteen (15) days 'before the said hearing date, in one or more newspapers with a general circulation within the City of McHenry. The petitioner shall provide the notice, which shall contain information as provided by rule of the Board. The Board may supplement such pub- lished notice by additional form, or forms, of notice as it may by rule provide. 4. Decisions of the Board: The Board shall have •the power of recommen- dation only, such recommendations to include findings in accordance with the provisions of this ordinance and to be submitted to the City Council for final action in such form and at such times as, are provided by rule in this ordinance. No amendments of the regulation of this ordinance, or variation of the requirements of this ordinance, or permit for special uses, shall be made or given except after a hearing before the Zoning Board of Appeals. In the event the report of the Zoning Board of Appeals does not recommend passage of the proposed amendment, granting of the variation, or issuance of the special use permit, a favorable vote of two-thirds (2/3) of all members of the City Council shall be required to reverse such recommendation. -155- In the event a written protest against the proposed amendment, varia- tion or special use permit is filed with the City Clerk prior to the voting upon the recommendation of the Zoning Board of Appeals by the said City Council, and provided that the written protest is signed and acknowledged by the owners of twenty (20) percent of the frontage im- mediately adjoining or across an alley therefrom, or by the owners of twenty (20) percent of the frontage directly opposite the frontage pro- posed to be altered, a two-thirds (2/3) vote of all the members of the City Council shall be required to effect passage of the amendment, granting of the variation, or issuance of the special use permit. The powers granted the Board in this ordinance may, from time to time, be altered, enlarged, or restricted as the City Council may, from time to time, determine and effect by ordinance. 5. Meetings and Rules: a. All meetings of the Board shall be held at the call of the chairman and at such times as such chairman shall determine. b. All meetings of the Board shall be open 'to the public. c. The chairman, or in his absence, the acting chairman, shall administer oaths to those testifying, and may compel the attend- ance of witnesses through the use of the subpoena. d. Any person may appear and testify at a hearing, and it is not necessary such persons be represented by an attorney. All testi- mony given shall be under oath. e. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. f. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the Board shall be filed in the office of the City Clerk and shall be a public record. g. The Board shall adopt its own rules of procedure, not in con- flict with this ordinance, or in conflict with the applicable Illinois statutes. h. The City Council shall provide such secretarial, legal, or ad- ministrative assistance as shall be necessary, in the opinion of the Council to permit the Board to fulfill its functions. 6. STANDARDS FOR VARIATIONS: Where an application for a variation of any of the regulations of the ordinance is made to the Board in which it is alleged that practical difficulties or particular hardship, not in- tended or not common to the owners of property in the vicinity will be imposed in carrying out the strict letter of an, such regulation, the Board may vary the application of such regulations in harmony with the general purposes and intent of this ordinance and in accordance with the following rules. -156- No variations in the application of the provisions of this ordinance shall be made concerning the use of land, the intensity of such use, or other requirements of this ordinance unless, after a public hearing as provided for in this ordinance, the Board shall find and report to the City Council that: a. the particular physical surroundings, shapes, or topographical condition of the specific property involved would result in a par- ticular hardship upon the owner, as distinguished from a mere in- convenience, if the strict letter of the regulations were carried out; b. the conditions upon which the petition for a variation is based are unique and would not be applicable, generally, to other property within the same zoning classification; c. the purpose of the variation is not based exclusively upon a desire to make more money out of the property; d. the alleged difficulty or hardship has riot been created by any person presently having an interest in the property; e. the granting of the variation will not be materially detrimen- tal to the public welfare or injurious to other property or im- provements in the neighborhood in which property is located; and f. the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. Appeals from Determination of the Superintendent of Public Works: a. Scope of Appeal: An appeal may be taken to the Board by any person, firm or corporation, or by an officer, department, Board or Bureau affected by a decision of the Office of the Superinten- dent of Public Works relative to the interpretation of this ordi- nance. Such appeal shall be taken within such time as shall be prescribed by the Board by general rule, by filing with the Office of the Superintendent of Public Works a notice of appeal, specify- ing the grounds thereof. The Superintendent of Public Works shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken. b. Findings on Appeal: An appeal shall stay all proceedings in furtherance of the action appealed from unless the Superintendent of Public Works certifies to the Board after the notice of appeal has been filed with him that by reason of facts stated in the cer- tificate a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stay- ed otherwise than by a restraining order, which may be granted by the Board or by a court of record on application, on notice to the Superintendent of Public Works and on due cause shown. -157- The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the interest- ed parties and shall render a written decision on the appeal with- out unreasonable delay. The Board may affirm or may, upon the concurring vote of five (5) members, reverse, wholly or in part, or modify the order, re- quirement, decision, or determination, as in its opinion ought to be done, and to that end shall have all the powers of the officer from whom the appeal is taken. The Superintendent cords of all actions keep the City Council tion of each case. 8. Amendments: of Public Works shall maintain complete re - of the Board relative to appeals, and shall informed on a current basis of the disposi- a. Statement of Purpose: It is recognized that changes in condi- tions within the i y of McHenry may require that there be amend- ments from time to time to this Zoning Ordinance. Said amendments shall be made, if at all, only when it is found by the City Coun- cil, following a report of the Zoning Board of Appeals, that such amendments are required in the public interest. No amendments shall be made to this ordinance solely for the private interest of an applicant. While variations as herein provided are designed to relieve individual hardship and the basis for variations is the injury which may be caused to the individual by the general appli- cation of the provisions of this ordinance, the considerations upon which amendments shall be judged are directed exclusively to the welfare of the entire community. b. Authority: The regulations imposed and the districts created under the authority of this ordinance may be amended from time to time by ordinance, but no such amendments shall be made without a public hearing before the Zoning Board of Appeals of the City of McHenry. c. Initiation of Amendment: Amendments may be proposed by the City Council, by the Plan Commission, or by any resident of or owner of property in the City of McHenry. -158- (The next page is 163) ARTICLE XXII. RULES OF PROCEDURE AND CONDUCT A. All petitions shall be brought in the name of the record title own- er, or the owner or owners, of the beneficial interest, through their attorneys or authorized agents. If a contract purchaser or tenant shall be involved, either with or without a contingent right, the contract purchaser or tenant shall be revealed and become a second party to the petition, but such contract purchaser or tenant may not file without the owner. B. Every appeal which shall be made to the Zoning Board of Appeals shall be initiated in the following manner only: 1. There shall be delivered to the City Clerk a proper petition requesting such hearing and setting forth the facts and details as prescribed by ordinance. 2. There shall be paid to the City Clerk a required filing fee in the amount of $300.00 for regular zoning and $750.00 for PUD zon- ing. 3. In the event the location or description in the petition of the property concerned is such as to not be adequately ascertain- able, in the opinion of the Superintendent of Public Works, then a plat of survey, made by a registered Illinois land surveyor, shall be attached to the petition when filed, or shall be presented at the time of the hearings. 4. The petitioner, his attorney or his agent, shall also furnish the City Clerk with the full names and addresses of the persons who have last paid taxes on all property contiguous to or abutting the parcel or parcels concerned in the petition, including such taxpayers or record as may own property across the road, street or alley, which may abut the premises concerned on one or more sides. It shall also be the duty of the petitioner, his attorney or his agent to send such persons a copy of the publication notice concerning the hearing, by certified mail, mailed no more than thirty (30) nor less than fifteen (15) days prior to said hearing. At the hearing, Petitioner shall furnish the Zoning Board of Ap- peals with an affidavit showing compliance with these mailing requirements. C. Petitioner shall arrange for publication of all notices directly with the publisher at Petitioner's expense. All publication notices shall contain a simple description of the property as to area and loca- tion, of such nature as to enable the ordinary reader to accurately locate such parcel. This description shall be in addition to the re- quired metes and bounds or lot and block description. A publisher's certificate of publication shall be filed by Petitioner at the beginning of the hearing. -163- D. In the event objectors to any petition shall employ counsel to represent them at the hearing, it shall be the obligation of such coun- sel to notify the petitioner, his attorney or agent, that he has been so retained and will be present to object. Such notice shall be delivered to the petitioner, his attorney, or agent, not later than four (4) days prior to the scheduled hearing date. Failure of objector's counsel to give such notice shall give petitioner, his attorney or agent, the op- tion to postpone the hearing until another day certain. E. Continuances may be granted on good cause shown and at the discre- tion of the Zoning Board of Appeals by a majority vote. F. Attorneys may submit a listing of proponents or opponents of the petition and the same will be accepted as an exhibit. However, such a list shall contain nothing more than the signatures of those for or against the petition, along with a brief statement concerning their position. G. When the prayer of the petition requires a change in classification only, with no prayer for a variation in the alternative; no evidence concerning type of structure or intended use shall be admitted without the approval of the Zoning Board of Appeals. H. Evidence concerning the particular use and character of use, includ- ing plans, specifications, cost of improvements, and duration of use, shall be properly admitted when the petition shall request a variation, or an amendment with an alternate prayer for variation, covering such particular use. I. The Public Hearing: 1. Call to order. 2. Parties of interest in petition present. 3. Reading of the petition, verification of notice by publication and to abutting owners. 4. Identification and recording of objectors, if any. 5. Presentation of evidence by petitioner. 6. Questions by Zoning Board of Appeals members - by others. 7. Presentation of evidence by objectors, if any. 8. Questions by Zoning Board of Appeals members - by other. 9. Petitioner's closing statement, if desired. 10. Adjournment. -164- J. Any matter coming before the Zoning Board of Appeals by scheduled hearing may be heard by any three (3) or more members of the said Board. Should any less than three (3) members be present, any petitioner or ob- jector, or representative thereof may request a continuance of the mat- ter in order that it may be heard before three (3) or more members of the Zoning Board of Appeals. K. The Zoning Board of Appeals shall meet at least once a month for the purpose of voting upon all petitions heard by said Board prior to the day of such voting meeting. The concurring vote of five (5) members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the appellant any matter upon which it is re- quired to pass under this ordinance, or to effect: any variation in this ordinance. Copies of the report of the Zoning Board of Appeals as made to the City Council shall be mailed to petitioners, their attorneys or agents, and to the attorney or agent of the objectors, if any. Such copies of the report shall be mailed not less than five (5) days prior to the meeting of the City Council at which the recommendationn is to be acted upon. L. Should the Zoning Board of Appeals recommend to the City Council that the prayer of the petition be granted, it shall be the obligation of the attorney for petitioner to prepare a suitable ordinance incorpor- ating the exact finding and recommendation of the Zoning Board of Ap- peals for submission to the City Council in order to effect the amending or variance of the ordinance properly, should the City Council accept the recommendation of the Zoning Board of Appeals. M. The report of the Zoning Board of Appeals shall contain a short sum- mary of the petition, locate the property, and the reasons advanced by the Zoning Board of Appeals for rejecting or approving the prayer of the petition. The report shall also contain the recommendation of the Zon- ing Board of Appeals and shall indicate the making of the motion, the seconding thereof, and all votes for or against the motion. Members not voting or absent shall also be recorded. N. A petition for variation, amendment, or special use, which shall have been denied by the Zoning Board of Appeals and the City Council, shall not be brought before the Zoning Board of Appeals again, until one year shall have passed from the date of the first public hearing, unless the prayer of the petition shall request a different amendment or varia- tion, or some change in circumstances has affected the status of the property in a substantial manner. Petitioner, his attorney or agent, may present to the Zoning Board of Appeals such reason, or reasons, as he feels should be sufficient to justify a hearing on the plot or parcel within the one year period, and it shall be at the discretion of the said Board to allow or disallow such subsequent hearing. 0. The Zoning Board of Appeals may postpone a vote on recommendation on any petition for only one of its voting meetings, but a vote and recom- mendation upon such petition must be made at the next voting meeting thereafter, unless further delay is,with the approval of the petitioner, his attorney, or agent. -165- (The next page is 170) ARTICLE XXIII. THE PLAN COMMISSION A Plan Commission is hereby authorized to be established. The word "Commission" when used in this Section shall be construed to mean the perm- anent Plan Commission. A. The Commission shall consist of not less than six (6) and no more than twelve (12) members, all to be appointed by the Mayor of the City of McHenry, by and with the consent of the City Council. The Mayor shall appoint one of the members as chairman. Members of the Plan Com- mission shall be compensated at the rate of $10.00 for each meeting at- tended, payable quarterly. B. No less than six (6) members, including the chairman, shall be ap- pointed on the passage of this ordinance, and the Mayor shall set a date for the first meeting of the Commission. At said first meeting lots shall be drawn, and by the said lots, shall be determined that two (2) members shall serve for two (2) years, two (2) members shall serve for four (4) years, and the balance shall serve for five (5) years. All subsequent members appointed to fill vacancies due to expiration of term shall be for a period of five (5) years. Vacancies due to resignation shall be filled for the balance of the term vacated. C. Powers and Duties: The Plan Commission shall hold such meetings as shall be called from time to time by the chairman, or at the call of any two (2) of its members. Immediately following their appointment, the members of the Plan Commission shall meet, organize, elect such officers as it may deem necessary, and adopt and later change or alter, rules and regulations of organization and procedure consistent with City ordinances and State laws. The Commission shall keep written records of its proceedings, which shall be open at all times to public inspection. The Commission shall also file an annual report with the Mayor and City Council, set- ting forth its transactions and recommendations. The Commission shall prepare and recommend to the City Council of McHenry a plan or plans for the development and redevelopment of said City and contiguous unincor- porated territory not more than one and one-half miles beyond the cor- porate limits of said City and not included in any other municipality. Such a plan or plans when adopted by the City Council shall be known as the official plan, or part thereof, of McHenry. Such plan or plans may be adopted in whole or in separate geographical or functional parts, each of which, when adopted, shall be the official plan, or part there- of, of McHenry. To provide for the health, safety, comfort and convenience of the inhabitants of McHenry and contiguous territory, such plan or plans shall establish reasonable standards of design for subdivisions and for resubdivisions or unimproved land and of areas subject to redevelopment, including reasonable requirements for public streets, alleys, ways for public service facilities, parks, playgrounds, school grounds, and other public grounds. -170- The Commission shall prepare and recommend to the City Council of McHenry from time to time, such changes in the plan or any part thereof as may be deemed necessary by the City Council or by the Plan Commission. The Commission shall prepare and recommend to the City Council from time to time, plans and/or recommendations for specific improvements in pursuance of such official plan. The Commission shall give aid to the officials of the City of McHen- ry, charged with 'the direction of projects for improvements embraced within the official plan, to further the making of such improvements, and generally to promote the realization of the official plan. The Commission shall arrange and conduct any form of publicity rela- tive to its activities for the general purpose of public understanding. The Commission shall cooperate with municipal or regional planning commission and other agencies or groups to further the local planning program and to assure harmonious and integrated planning for the area. The Commission shall exercise such other powers germane to the pow- ers granted under authority of an act of the General Assembly of the State of Illinois entitled "The Revised Cities and Villages Act" approv- ed August 15, 1941, and effective January 1, 1942, as amended, as may be conferred by the City Council of McHenry. D. Land Subdivision or Re -Subdivision: No map or plat of any subdivi- sion or resubdivision presented for record, affecting land within the corporate limits of the City of McHenry, or in contiguous territory out- side of and distant not more than one and one-half miles from such lim- its and not included in any other municipality, shall be entitled to record or shall be valid unless the subdivision thereon shall provide for streets, alleys, and public grounds in conformity with any require- ments applicable thereto, of such official plan, or part thereof, or as provided in the Subdivision Control Ordinance of the City of McHenry as passed and approved on the 17th day of April, 1961, and as subsequently amended. E. Improvements: The City Clerk shall furnish the Plan Commission for its consideration copy of all ordinances, plans and data relative to public improvements of any nature. The Plan Commission may report in relation thereto if it deems a report necessary or advisable, for the consideration of the City Council. F. Expenditures: The Commission may at the discretion of the City Council employ necessary help whose salaries, wages, and other necessary expenses shall be provided for by adequate appropriation made by the City Council from the public funds. If said Plan Commission shall deem it advisable to secure technical advice or services, it may be done upon authority from the City Council and appropriations by the City Council therefore. -171- (The next page is 175) ARTICLE XXIV. INTERPRETATION AND CONFLICT In interpreting and applying the provisions of this ordinance, they shall be held to the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general wel- fare. It is not intended by this ordinance to interfere with or abrogate or annul, any ordinance or rules, regulations or permits, previously adopted or issued and not in conflict with any of the provisions of this ordinance or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, nor is it intended by this ordinance to interfere with or annul any easements, covenants or other agreements between parties, provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon height of building or requires larger open spaces than are imposed or required by such ordinances, rules, regulations or permits, or by easements, covenants, or agreements, the pro- vision of this ordinance shall control. -175- ARTICLE XXV. VIOLATION, PENALTY, ENFORCEMENT Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the pro- visions of this ordinance shall, upon conviction, be fined not less than Twenty -Five Dollars ($25), nor more than Five Hundred Dollars ($500) for each offense. Each day that a violation is permitted to exist shall consti- tute a separate offense. The Superintendent of Public Works is hereby des- ignated and authorized to enforce this ordinance. -176- ARTICLE XXVI. BOUNDARIES OF DISTRICTS Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map the following rules shall apply: a. The district boundaries are either streets or alleys, unless otherwise shown and where the designations on the zoning map indi- cate that the various districts are approximately bounded by streets or alley lines, such alleys or streets shall be construed to be the boundaries of such districts. b. Where the district boundaries are not shown to be streets or alleys and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the designations on the zoning map indicate that the various districts are approximately bounded by lot lines, such lot lines shall be construed to be boundaries of such districts. c. Where the district boundaries are not shown by streets or alleys or lot or block lines, the district boundaries shall be determined by use of the scale shown on the maps. -177- ARTICLE XXVII. VALIDITY Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. ARTICLE XXVIII. CODIFICATION This ordinance is a codification of the City of McHenry Zoning Ordinance which was passed and approved on March 12, 1962 and of all of the amendatory zoning ordinances thereafter passed and approved by the corporate authori- ties up to and including February 4, 1985. ARTICLE XXIX. PUBLICATION IN PAMPHLET FORM This Ordinance sahll be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. ARTICLE XXX. EFFECTIVE DATE 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 4th day of February , 1985 AYES: Bolger, Busse, Datz, McClatchey, Nolan, Serritella, Smith, Snell NAYS: None ABSENT: None ABSTAINED: None NOT VOTING: None APPROVED this 4th day of February 1985. ATTEST: City Cler -178-