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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." -2- 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 -3-