HomeMy WebLinkAboutOrdinances - MC-85-338 - 07/01/1985 - zoning various amendmentsORDINANCE NO. MC-85-338
AN ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1. That the Zoning Ordinance of the City of
McHenry, Illinois may be amended in the following
particulars:
(a) In Article XXJA9(c), delete therefrom the
words "which shall not be more than Sixteen Thousand
(16,000) gallons total capacity," and substitute in
place thereof the words "which shall comply with the
rules and regulations of the Office of the State Fire
Marshall relating to service stations adopted
pursuant to the provisions of Illinois Revised
Statutes, Chapter 127 1/2, paragraph 154."
(b) Article 1$A1. Delete (-a), Automobile
Service Stations as a permitted use.
(c) Article '$A. Delete " 1 . Automobile Service
Stations," as a permitted use.
(d) Article =B. Change permitted use
"2. Automobile Service Station" to read as follows:
112. Automobile Service Stations, not required to be
operated within an enclosed area. Provided no
automobile service station shall be permitted within
600 feet of any existing automobile service station."
(e) Article =Al. Delete "(x) theaters, indoor"
as a permitted use therefrom.
( f ) Article =B. Delete as a permitted use
therefrom the following: "1. Any use permitted in
the B-1 Commercial Retail District and any use
permitted in the B-2 Commercial -Recreation District."
(g) Article =Clc. Add the following sentence:
"The Mayor shall also designate one of the members of
the Zoning Board of Appeals to be Vice Chairman, who
shall conduct Zoning Board hearings in the absence of
the Chairman."
( h ) Article ,=C4 shall be changed to read as
follows:
4. Decisions of the Zoning Board. No
amendments of the regulation of the 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. The Board shall have the power
of recommendation only, such recommendations to
include findings in accordance with 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 this
ordinance.
In the event the report of the Zoning Board
of Appeals does not recommend passage of the
proposed variation, a favorable vote of
two-thirds of all members of the City Council
shall be required to reverse such
recommendation.
In case a written protest against any
proposed amendment of the regulations or
districts, signed and acknowledged by the owners
of 20% of the frontage proposed to be altered,
or by the owners of twenty per cent of the
frontage immediately adjoining or across an
alley therefrom, or by the owners of twenty
percent of the frontage directly opposite the
frontage proposed to be altered, is filed with
the City Clerk, the amendment shall not be
passed except by a favorable vote of two-thirds
of the members of the City Council then holding
office. In such cases, a copy of the written
protest shall be served by the protestor or
protestors on the applicant for the proposed
amendment and a copy upon the applicant's
attorney, if any, by cert i f i ed mail at the
address of such applicant and attorney shown in
the application for the proposed amendment.
In all other cases not otherwise specified
herein, a majority vote of all of the members of
the City Council shall be sufficient to effect
passage or reject ion of any recommend at ion of
the Zoning Board.
The powers granted the Zoning Board of
Appeals in this ordinance may, from time to
time, be altered, enlarged, or restricted as the
City Council may, from time to time, determine
and affect by ordinance."
( i ) Article TRC1, Article gCl and Article MD1.
Substitute the following language in the place of the
present provisions:
"All new structures permitted in this
district shall be set back from the front street
line a distance not less than thirty (30) feet."
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SECTION 2. Any person, firm or corporation violating
any provision of this ordinance shall be fined not less
than Twenty Five Dollars ($25.00) nor more than Five
Hundred Dollars ($500.00) for each offense committed on
each day during, or on which, a violation occurs or
continues.
SECTION 3. All ordinances, or parts thereof, in
conflict with the terms and provisions hereof, be and the
same are hereby repealed to the extent of such conflict.
SECTION 4. This ordinance shall be published in
pamphlet form by and under the authority of the corporate
authorities of the City of McHenry, Illinois.
SECTION 5. 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 lst day of July , 1985.
AYES: Bolger, Lieder, McClatchey, Nolan, Snell, Teta
NAYS : None
ABSTAINED: None
ABSENT: Smith, Serritella
NOT VOTING: None
APPROVED this 1st day of July 1985.
MAYOR
ATTEST:
CITY CLE K
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