HomeMy WebLinkAboutOrdinances - MC-86-382 - 12/22/1986 - ADOPT NEW ZONING ORDINANCE AND MAPMC - 86 - 382
AN ORDINANCE ADOPTING A NEW ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS as follows:
SECTION 1. Section I through Section XIX of a
document entitled "City of McHenry Zoning Ordinance",
prepared by Gann Associates dated June 16, 1986, and
which contains changes made therein subsequent to that
date, a copy of which as so changed, is attached hereto
as Exhibit A, be and the same are hereby incorporated
herein by reference and are hereby adopted as and for
Section I through Section XIX inclusive of the Zoning
Ordinance of the City of McHenry, Illinois.
SECTION 2. The City of McHenry Zoning District Map,
bearing the legend "adopted December 22, 198611, a copy of
which is attached hereto as Exhibit B, and which is
incorporated herein by reference, be and the same is
hereby adopted as and for the Zoning District Map of the
City of McHenry, Illinois.
SECTION 3. 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 4. 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same are hereby repealed to the extent of such conflict.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 5. This ordinance shall be published in
pamphlet form by and under the authority of the corporate
authorities of the City of McHenry, Illinois.
SECTION 6. 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 22 day of December , 1986.
AYES: Bolger, Lieder, McClatchey, Nolan, Smith and Snell.
None.
NAYS:
ABSTAINED: None.
ABSENT • Serri tel 1 a , Teta .
NOT VOTING: None.
APPROVED this 22 day of December 1986.
MAYO
ATTEST:
CITY CLERK
�. CITY OF McH E NRY
ZONING
ORDINANCE
Passed &Approved:
December 22,1986
John B. Zabor,
Building &Zoning Administrator
1111 North Green Street
McHenry Illinois
(815) 385-1761
NOTE: Parties interested in the regulations of the City of McHenry governing
building, real estate development, and land use should also consult:
1. City of McHenry Subdivision Control Ordinance
2. City of McHenry Buildings and Building Regulations Ordinance
3. Chapter 21, Streets and Sidewalks, McHenry Municipal Code.
ExHiBai ', A,
CITY OF Mc HENRY ZONING ORDINANCE
TABLE OF CONTENTS
I. GENERAL PROVISIONS
Page
A.
Ti tl e 1
B.
Purpose 1
C.
Repeal 2
D.
Effective Date 2
F.
Applicability 2
F.
Separability ?
G.
Allowable Ilses 3
li.
Minimum Requirements 3
I.
More Restrictive Regulation or Covenant Applies 3
J.
Unlawful Existing Uses Not Made Lawful 3
II. FILING PROCEDURES
A. Appl icabil ity 30
B. Appl ication Filing 30
C. Approval Process 30
D. Filing Fees and Retained Personnel Fees 33
E. Disclosure of Interest 33
F. Pu61 is Notice 34
Tabl e 1 : Required Contents of Application Filings 37
Tabl a 2: Required Contents of Site Pl an 41
Tabl a 3: Approval Procedure Steps 44
III. GENERAL DISTRICT REGULATIONS
A.
Establishment of Districts
65
B.
Zoning District Map
65
C.
Interpretation of District Boundaries
66
D.
Zoning of Annexed Land
66
E.
Regulation of Fl oodpl ai n Lands
66
F.
Air Rights
66
G.
One Principal Building Per lot
66
H.
Operations Within Encloser) Buildings
67
I.
Spacing of Service Stations
67
J.
Adult Uses
67
K.
Temporary Uses
67
L.
Exceptions to Arterial Lot Dimensions
69
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Page
IV. RESIDENTIAL DISTRICTS
A. General Residential District Requlations 9O
1. Home Occupations 90
2. Standards for Non -Residential Uses 91
3. Residential Lots Abutting Arterial Streets 91
B. Residential Zoning Districts 91
Single -Family Districts
1 .
RS-1
Low -Density Single -Family
Residential District
92
2.
RS-2
Medium -Density Single -Family
Residential District
92
3.
RS-3
Medium -High -Density Single -Family
Residential District
92
4.
RS-4
High -Density Single -Family
Residential District
92
Multi -Family Districts
1. RA-1 Attached Residential District 92
2. RM-1 Low -Density Multi -Family
Residential District 93
3. RM-2 High -Density Multi -Family
Residential District 93
Table 4: Residential District Requirements 94
Talbe 5: Permitted and Conditional Uses in
Residential Districts 95
V. COMME:RCIAL DISTRICTS
A.
C--1
Convenience Commercial District
115
B.
C-2
Neighborhood Commercial District
115
C.
C-3
community Commercial District
115
D.
C4
Downtown Commercial District
115
F.
C- 5
Highway Commercial District
115
Table
6: Commercial District Requirements
116
Tabl e
7: Permitted and Conditional Uses
in Residential Districts
117
VI. OFFICE AND INDUSTRIAL DISTRICTS
A. Office Districts
1. 0-1 Local Office District 140
2. 0-2 Office Park District 140
Page
B. Industrial Districts
1. I-1 Industrial District 140
Table 8: Office & Industrial District Requirements 141
Table 9: Permitted and Conditional Uses in
Office & Industrial Districts 142
VII. OFF-STREET PARKING AND LOADING
A. Provisions Applying to Parking and Loading
165
1.
Purpose
165
2.
Applicability
165
3.
Number and Size of Required Facilities
165
4.
Exception for C-4 Downtown Commercial
District
165
S.
Preservation and Replacement of
Existing Spaces
166
6.
Submission of Site Plan
166
7.
Storage and Repair
166
8.
Access
166
9.
Grading
167
10.
Maintenance
167
11.
Landscaping and Screening
167
B. Off -Street Parking Provisions
167
1.
Use of Parking Spaces
167
2.
Collective Provision
167
3.
Parking for Shopping Centers
167
4.
Surfacing of Parking Areas
168
5.
Wheel Guards
168
6.
Fuel Sales in Parking Areas
168
7.
Location of Parking Spaces
168
8.
Parking of Recreational Vehicles
169
9.
Parking of Commercial Vehicles
170
10.
Handicapped Parking
170
11.
Bicycle Parking
170
C. Off -Street Loading Provisions
170
1.
Location of Loading Spaces
170
2.
Surfacing of Loading Areas
171
3.
Collective Provision
171
Table
10: Parking and Loading Dimensions
172
Table
11: Required Number of Off -Street Loading Spaces
173
Table
12: Required Parking Spaces for Residential
and Lodging Uses
174
Table
13: Required Parking Spaces for Non -Residential
and Non -Lodging Uses
175
Page
VIII.
LANDSCAPING & SCREENING
A.
Purpose
195
B.
Types of Landscaping and Screening Required
195
C.
Where Landscaping and Screening Are Required
195
D.
Landscape Plan Required
196
E.
Types of Landscapinq Materials Permitted
196
F.
Ground Cover in Landscaped Strips
196
G.
Installation Procedures
197
H.
Berming
197
I.
Existing Trees
197
J.
Maintenance of Landscaping
197
K.
Conditional Uses
198
L.
Curbing
198
Table
1 4:
Uses Requiring Landscaping or Screening
199
Table
15:
Landscaped Strip Requirements
2.00
Table
16:
Uses Requiring Residnetial
Screening Strips
201
Table
17:
Dimensions of Required Trees
201
IX. SIGNS
A. Purpose 220
B. General Provisions
220
1.
Applicability
220
2.
Exempt Signs
220
3.
Exempt Changes to Signs
2?_2
4.
Prohibited Signs
222
5.
Conditional Use Signs
2.2.3
6.
Non -Conforming Signs
223
7.
Maintenance and Repair Required
224
8.
Attachments to Be Secured
224
9.
Service Station Signs and Displays
224
C. Administration 225
1. Permits 225
a. Contents of Sign Permit Application 225
b. Issuance of Sign Permits 225
c. Suspension, Revocation and Denial 22.5
d. Removal of Unsafe, Abandoned,
or Unlawful Signs 225
2. Relief 226
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Page
D. Sign Standards 226
1. Location and Placement 226
2. Illumination 227
3. Sign Design 228
4. Construction Standards 228
5. Other Standards 229
Table 18: Standards for Non -Exempt Signs 230
X. ACCESSORY USES, YARDS, & FENCES
A. Accessory Uses and Structures 250
1. Compatibility 250
2. Location 250
3. Standards 250
4. Wind Energy Conversion Systems 250
S. Dish Antennas (Earth Stations) 250
6. Other Television or Radio Towers or Antennas 250
7. Decks, Patios, and Porches 250
8. Dog Runs 251
9. Garages, Carports, and Parking 251
B. Yards 251
1. Obstructions 251
2. Yards used for Only One Structure 251
3. Reduction in Lot Areas 251
4. Vacant Through Lots 251
5. Corner Side Yards on Lots of Record 25?
6. Conformity to Existing Front Yards ?52
7. Vision Clearance Triangle 252
C. Fences 253
Table 19: Permitted Obstructions of Required Yards 254
Table 20: Standards for Accessory Structures 255
XI. PLANNED UNIT DEVELOPMENT
A. Purpose 275
B. Qualification for Filing as a PUD 275
C. Incentives for Planned Unit Developments 276
D. Requirements for Planned Unit Developments 276
E. Approval Process 277
F. PUD Review Committee 277
G. Final Plan 2.78
Table, 21 : Approval Criteria for PUD's 281
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Page
XII. PERFORMANCE STANDARDS
A. Purpose
300
B. Appl icabil ity
300
C. Noise
300
Table ?2: Permitted Sound Levels
301
Table 23: Adjustments to Permitted Sound Levels
301
D. Vibration
302
Table ?4: Maximum Ground Transmitted Vibration
302
E. Smoke
303
Table 25: Maximum Smoke Emissions
303
F. Particulate Matter
303
Table 26: Particulates Standards
303
Table 27: Adjustments to Particulates Standards
304
G. Toxic Matter
305
Table 28: Permitted Emission of Toxic Matter
305
H. Odor
305
I. Fire and Explosion
306
Table 29: Standards for Detonable Materials
306
Table 30: Standards for Fl ammabl a Liquids & Gases
307
J . Glare
307
K. Heat
307
L. Radioactive Radiation
308
M. Administration
308
XIII. SURFACE MINING
A. General Provisions 330
1. Purpose 330
2. Applicability 330
3. Exemptions 330
4. Maximum Term of Conditional Ilse Permit 331
5. Contents of Conditional Use Application 331
6. Bond 332
7. Contents of Reclamation P1 an 332
-vi-
Page
S.
Compliance With State and Federal Regulations
333
9.
Abandonment of Termination
333
10.
Inspection
333
11.
Staged Reclamation Action
333
B. Standards for Operations
333
1.
Water Table
333
2.
Hours of Operation
333
3.
Spillage
334
4.
Fencing, Landscaping, and Screening
334
5.
Entrances
335
6.
Safety
335
7.
Staged Removal of Overburden
336
8.
Yards
336
9.
Noise
336
10.
Maintenance of Site
336
C. Finished Site
Conditions
337
1.
Removal of
Materials After Completion
337
2.
Replacement
of Topsoil
337
3.
Replacement
of Ground Cover
337
4.
Grading and
Drainage
337
XIV. CONDITIONAL USES
A.
Purpose
355
B.
Approval Process
355
C.
Existing Special Uses
355
D.
Review of Conditional Uses
355
E.
Issuance of Permit
356
F.
Revocation of Permit
356
G.
Expansion or Alteration
356
Tabl a 31 : Approval Criteria for Conditional Uses 357
XV. VARIANCES
A. Purpose 375
B. Approval Process 375
C. Minor Variances 375
D. Existing Variations 375
Table 32: Approval Criteria for Variances 376
Page
XVI. AMENDMENTS AND REZONINGS
A. Purpose 400
B. Approval Process 400
C. Protest 400
D. Amendment After Ordinance Adoption 400
Table 33: Approval Criteria for zoning Amendments 401
XVII. NONCONFORMITIES
A.
Purpose
42.5
B.
types of Nonconformities
425
C.
Elimination of Nonconformities
1. Repair R Restoration of Damaged Structures
427
2. Additions, Enlargements and Alterations
427
3. Expansion Within Structures
428
4. Expansion of Use of Land
428
5. Moving of Structures
428
6. Change in Activity
429
7. Discontinuance of Activity
42.9
8. Nonconforming Residential Lots of Record
429
9. Partial Elimination of Nonconformities
429
10. Value of Improvements
430
D.
Conditional or Intermittent Uses
430
E.
Administration
430
Table, 34: Summary of Nonconformity Regulations 431
XVIII. ADMINISTRATION
A. Permits and Certificates 450
B. Violation, Penalty, and Enforcement 451
C. Plan Commission 451
n. Zoning Board of Appeals 453
E. Zoning Administrator and City Clerk 454
F. Appeals 455
XIX. DEFINITIONS 475
INDEX 525
APPFMnTrFS 550
I. GENERAL PROVISIONS
A. TITLE
This Ordinance shall be known, cited, and referred to as "The City of
McHenry Zoning Ordinance."
B. PURPOSE
This Ordinance is adopted for the purpose of improving and protecting the
public health, safety, and welfare of residents of the City. To this end
the Ordinance seeks:
1. To further the implementation of the objectives of the adopted
Comprehensive Plan for the City of McHenry in such a manner as
any changed conditions since the adoption of the Plan may
require;
2. To zone all land in the City with a view to conserving property
val ues and encouraging the most appropriate use of land
throughout the City;
3. To protect all areas of the City from harmful encroachment by
incompatible uses;
4. To establish adequate standards for the provision of light, air,
and open spaces;
5. To prevent the overcrowding of land and undue concentration of
population, thereby preventing the development of blight and
deterioration;
6. To lessen congestion in the public streets;
7. To facilitate provision of adequate public services and
facil ities such as transportation, water, sewerage, and parks;
8. To provide for adequate drainage, control of erosion, reduction
of fl ood damage, and destruction of sensitive or valuable
environmental resources;
9. To foster a desirable pattern of relationships among
residential , commercial , industrial, and other uses for the
mutual benefit of all types of development;
10. To -isolate and control the location of unavoidable
nuisance -producing uses;
11. To ensure and facilitate the preservation of sites, areas, and
structures of historical, architectural, and aesthetic
importance.
-1 -
To accomplish the above objectives, this Ordinance further seeks:
1 . To fi x reasonable standards to which buildings, structures, and
other uses of land shall conform;
2. To prevent new construction or alteration or expansion of existing
construction that does not comply with the restrictions herein;
3. To provide for the elimination in appropriate situations of
existing uses that are incompatible with the character of the
districts in which they are located;
4. To define the powers and duties of the officers and bodies charged
with the enforcement of this Ordinance;
5. To prE'scribe penalties for any violation of the provisions hereof.
r_ RFPFAL
Upon adoption of this Ordinance, the ordinance known as the Zoning Ordinance
of the City of 14cHenry adopted February 4, 1985, is hereby repealed. No other
ordinance, regulation, annexation agreement, or private agreement, covenant,
or easement is intended to be repealed or abrogated by this Ordinance.
D. EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage
and publication according to law.
E. APPLICABILITY
No building, structure, land, or premises shall hereafter be constructed,
altered, converted, enlarged, moved, used, or occupied except in conformity
with the provisions herein.
F. SEPARABILITY
If any court of competent jurisdiction shall adjudge inval id any provision of
this Ordinance, such judgment shall not affect any other provision hereof not
specifically included in said judgment.
Further, if such court shall adjudge invalid the application of any provision
hereof to a particular property, such judgment shall not affect the
application of said provision to any other property not specifically included
in said judgment.
-2-
G. ALLOWABLE USES
Only the following uses of land, buildings, or structures are allowed in the
City:
1. Uses lawfully established on the effective date of this Ordinance
2. Uses which:
a. had a Building Permit lawfully issued prior to the effective
date of this Ordinance, and
b. began construction within six months of such date, which
construction was diligently prosecuted to completion, and
C. are constructed and occupied in conformance with the plans that
were the basis for the issuance of the Permit.
3. Permitted Uses in the applicable zoning districts, subject to the
conditions and requirements herein
4. Conditional Uses in the applicable zoning districts, subject to the
approval of a Conditional Use Permit and other conditions and
requirements herein
5. Temporary Uses subject to the provisions herein.
H. MINIMUM REQUIREMENTS
The provisions herein shall, in their interpretation and application, be held
to be minimum requirements.
I. MORE RESTRICTIVE REGULATION OR COVENANT APPLIES
In any case in which any portion of this or any other City ordinance, or any
other law, regulation, or annexation agreement or any kind of private
agreement, covenant, or easement applying within the City, establishes a
requirement that: is either more or less restrictive than a particular
requirement established herein, the regulation that is the more restrictive or
that imposes the higher standard or requirement shall govern.
J. UNLAWFUL EXISTING USES NOT MADE LAWFUL
No building, structure, or use not lawfully existing at the time of adoption of
this Ordinance shall be made lawful solely by the adoption thereof. Such
structure or use. shall remain unlawful hereunder to the extent that it is in
confl ict with the requirements of this Ordinance.
-3-
The next page is 30
II. FILING PROCEDURES
A. APPLICABILITY
Except as otherwise provided herein, the requirements of this section shall
apply to all applications submitted under the provisions of this Ordinance
except Appeals, including applications for:
1. Conditional Uses;
2. Temporary Uses;
3. Planned Unit Development Preliminary Plans;
4. Planned Unit Development Final Plans;
5. Variances;
6. Sign Permits and;
7. Zoning Amendments.
B. APPLICATION FILING
Except in the case of a zoning action proposed by the City Council or a
board or commission of the City, any party requesting any City action to
which this section applies shall file an application on a form provided
therefor by the City Clerk. Every such application shall include as a
minimum the appl icabl a items provided in Table 1 .
C. APPROVAL PROCESS
The Approval Process herein shall apply to all applications except:
1. Appeals;
2. Sign Permits; and,
3. Temporary Uses.
The approval process for the excepted applications shall be as provided in
the applicable sections of this Ordinance.
1. OPTIONAL PRE -FILING CONFERENCE (PUD Only)
Prior to filing for approval of a Planned Unit Development Preliminary
Plan, an applicant may request a Pre -Filing Conference with the Zoning
Board. An application for the Conference together with a filing fee
and a Retained Personnel Fee shall he submitted to the City Clerk.
At the Conference the applicant may outline his proposal and submit
preliminary information such as a concept plan.
2. STAFF REVIEW
The Zoning Administrator may, together with other departments,
consultants, and officials of the City, prepare a written review of
the appl ication. Such review shall be forwarded to the Zoning Board
no later than 7 days before the scheduled public hearing date.
-30-
The staff may advise and assist the applicant in meeting Ordinance
requirements but shall have no power to approve or disapprove any
fil ing or in any way restrict the appl icant's right to seek formal
approval thereof.
3. PUBLIC HEARING PROCESS (Filings Requiring Hearinqs Only)
For any action that requires a public hearing, the provisions herein
shall be compl ied with. Applications that require a public hearing
are:
a. Amendments (rezonings)
b. Variances
c . Conditional Uses, including Planned Unit Development
Prel iminary Plans but not Planned Unit Development Final
Plans.
A. PUBLIC NOTICE
The appl icant shall comply with the requirements for Publ is
Notice herein for any zoning action that requires a puhlic
hearing.
B. NOTIFICATION TO PETITIONER BY OBJECTORS
Any attorney employed by any objector to any petition requiring
a public hearing shall notify the petitioner that he or she has
been so retained and will file an objection at the hearing.
Such notice shall be delivered no later than 4 days before the
scheduled date of the hearing. If such notice has not been
given, and the petitioner so requests, the Zoning Board may
reschedule the hearing.
C. PUBLIC HEARING
Upon receipt of a complete and accurate application for a zoning
action requiring a publ is hearing, the City C1 erk shall
establish a date for a publ is hearing and transmit the
appl ication to the Zoning Board. The Zoning Board shall hold a
public hearing on the application. No public hearing shall be
held in the absence of a quorum, which shall consist of four
members of the Board.
As provided in state statute, applicants for variances and
Conditional Uses shall have the right to have subpoenas issued
by the City for persons or documents, to present witnesses, and
to cross-examine all witnesses testifying at the public hearing.
The Chairman or Acting Chairman may compel the attendance of
witnesses. All testimony by witnesses shall be given under oath
administered by the Chairman or Acting Chairman.
-31 -
D. ZONING BOARD ACTION
Within 60 days after the close of the public hearing, the Zoning
Board shall transmit to the City Council written findings of
fact pertaining to the Approval Criteria provided herein for the
applicable zoning action together with a recommendation for
action, passed by a majority vote of its members, and any
conditions or restrictions to which the Board recommends the
action be made subject. The report shall include the roll call
vote of the board on the recommendation.
The Zoning Board may not defer voting on any petition for more
than one meeting unless the petitioner approves any further
postponement.
In the case of an application for a variance or a Planned Unit
Development, the Board's recommendation may include any
modification of normal requirements that is authorized by this
Ordinance.
E. MAILING OF ZBA REPORT
The Zoning Administrator shall mail a copy of the report of the
Zoning Board to the petitioner and to representatives of any
object ors not less than 5 days prior to the City Council meeting
at which the report is to be acted upon.
4. CITY COUNCIL ACTION
The City Council shall not act upon any appl ication requiring a publ is
hearing until either it has received a report thereupon from the
Zoning Board or until 60 days have el apsed from the cl ose of the
public hearing thereupon.
The Council shall not approve any application unless it finds that the
zoning action applied for meets applicable Criteria for Approval
provided herein. In the case of a variance, a vote of two-thirds of
all aldermen shall be required to approve any application not approved
by the Zoning Board, as provided by the Illinois Revised Statutes.
In the case of a Conditional Use, Planned unit Development, or
variance, the Council may make its approval subject to any conditions
or restrictions it finds necessary to assure compatibility with the
vicinity of the subject property. The Council may also set time
limits within which such conditions or restrictions must be complied
with.
5. RESUBMISSION
Execpt as otherwise provided herein, no application that has been
denied by the City Council shall be resubmitted within one year of the
date of denial except on the grounds of new factual evidence or a
change in conditions found to be valid by the Zoning Board.
-32-
D. FILING FEES AND RETAINED PERSONNEL FEES
All applications shall be accompanied by a Filing Fee.
A deposit toward the costs of any Retained Personnel necessary for the
processing of the application, such as consulting engineering services,
consulting planning services, legal services, or court reporter services
shall also be paid except for applications for:
1. Minor Variances;
2. Temporary Uses;
3. Appeals;
4. Sign Permits.
The deposit shall be credited against the expense to the City of such
Personnel, which shall be fully charged to the applicant. Any portion of
the deposit not needed to pay such expense shall be refunded without
interest to the applicant within 30 days of final action on the application.
The amounts of such fil ing fees and deposits shall be as determined from
time to time by the City Council. A schedule of current fees and deposit
requirements shall be made available in the Offices of the City Clerk and
the Zoning Admi nip strator.
E. DISCLOSURE OF INTEREST
The party signing the application shall be considered the applicant.
An applicant must be the fee owner or trustee of record, trust beneficiary,
lessee, contract purchaser, or option holder of the subject property or his
or her agent or nominee.
1. Applicant Is Not Fee Owner
If the applicant is not the fee owner of record of the subject
property, the application shall disclose the legal capacity of the
applicant and the full names, addresses, and telephone numbers of all
owners.
In addition, an affidavit of the fee owner or owners shall be filed
with the application stating that the applicant has authority from the
owner to make the application.
2. Applicant or Fee Owner Is Corporation or Partnership
If the applicant, fee owner, contract purchaser, option holder, or any
beneficiary of a land trust is a corporation, the application shall
disclose the names and addresses of the corporation's officers,
directors, and registered agents, or the partnership's general
partners and those shareholders or limited partners owning in excess
of five percent of the outstanding stock or interest in the
corporation or interest shared by the limited partners.
-33-
3. Appl icant or Owner Is a Land Trust
If the applicant or fee owner is a land trust or other trust or
trustee thereof, the full name, address, telephone number, and extent
of interest of each beneficiary must he disclosed in the application.
Disclosure of present ownership interests shall be accompanied by a
statement by the applicant of proposed ownership of all land.
In the event of a change in ownership between the time the application is
fil ed and the time of the publ is hearing, such change shall be discl osed by
affidavit no later than the time of the hearing.
For any application for a Sign Permit, the application shall disclose the
ownership of the sign and the ownership or management of the premises on
which it is to be displayed. For an application for either a Sign Permit
or a Temporary Use Permit, the application shall include the written
permission of the owner or manager of the premises on which the sign or
Temporary Use is to be located. A manager providing such permission shall
furnish satisfactory evidence of his or her authority to act on behalf of
the owner.
F. PUBLIC NOTICE
Except as otherwise provided herein, an applicant for any action that
requires a public hearing must provide public notice of such hearing.
Zoning actions that require a public hearing are:
1. Amendments (rezonings);
2. Variances;
3. Conditional Uses, including Planned Unit [Development
Prel iminary Plans but not Planned Unit Development Final
Plans.
The required notice shall consist of the following actions:
1. SIGN DISPLAY
Except in the case of applications for Minor Variances, the applicant
shall post a sign in the front yard of the affected property, facing
and visible from a public street and no further than 30 feet from the
right -of -way 1 i ne .
The sign shall conform to such requirements as to copy, size of
lettering, and other items as may be established by the City Council.
The sign shall be erected no less than 15 days prior to the date of
the scheduled public hearing and remain continuously in place until
the public hearing is concluded but no more than 10 days thereafter.
-34-
No posting of a sign shal 1 be required if the appl icant is the City,
the zoning action pertains to property not owned by the City, and the
property owner does not consent to the erection of a sign giving
notice of the action.
2. WRITTEN NOTIFICATION
Except in the case of applications for Minor Variances, the applicant
shall also provide written notice of the public hearing to the owners
of record of each parcel of real estate abutting or across a street or
alley from any boundary of the property affected by the application.
The owners of record for this purpose shall be considered those
appearing on the records of the County Recorder of Deeds or those who
paid property taxes for the most recent year according to the records
of the County Collector.
The written notice shall be delivered in person or by certified mail ,
return receipt requested, not more than 30 nor less than 15 days prior
to the scheduled date of the public hearing.
The written notice shall be substantially in the form of notice
provided by the City Clerk. It shall contain:
a. the name and address of the owner and the applicant, if
different from the owner;
b. the street address, 1 egal description, and a simple
description of the location of the subject property that will
enable the ordinary reader to accurately locate it;
c. the zoning action requested; and
d. the date, time, and location of the public hearing thereupon.
3. NEWSPAPER PUBLICATION
The applicant shall publish a notice of the public hearing. This
requirement shall apply to all applications, including those for Minor
Variances.
The notice shall be published in a newspaper of general circulation in
the City at least 15 days but no more than 30 days before the
scheduled date of the hearing. The published notice shall contain the
same information as is required for written notification herein.
If a board or commission of the City or the City Council proposes an
amendment, the City shall be responsible for meeting this requirement.
4. EVIDENCE OF COMPLIANCE
No later than the time of the public hearing, the applicant shall file
with the City Clerk or the Zoning Board:
-35-
a. an affidavit stating that he or she has complied with all
notice requirements herein;
b. a copy of the written notice sent;
c. a list of names and addresses of all owners of record of
property abutting the subject parcel;
d. signatures, on postal return receipts or in another form, of
those receiving the written notice; and
e. a publisher's certificate of publication of the required
notice.
-36-
Table 1: Reauired Contents of Aaal ication Fil inns
Map
Variance
PUD
Amend-
Condi -
except
Prel im-
PUD
Temp-
ment
tional
Minor
i nary
Final
orary
Sign
(Rezone)
Use
Variance
Plan
Plan
Use
Permit
1. The name, address, and phone x
x
x
x
x
x
x
number of the applicant and name
of the devel opment , i f any
2. Legal descriptions of the sub- x
x
x
x
x
x
x
ject property as a whole and of
each phase thereof
3. The names addresses, and phone x
x
x
x
x
-
-
numbers of any developer, site planner,
or engineer involved in project plans
4. The location of the subject x
x
x
x
x
x
x
property to be affected by the
action requested
5. A description of the action x
x
x
x
x
x
x
requested
6. A non-refundable Filing Fee x
x
x
x
x
x
x
7. A Retained Personnel Fee deposit x
x
x
x
x
-
x
8. Descriptions of the present and x
x
x
x
-
x
x
proposed uses of the property
9. A complete disclosure of interest x
x
x
x
-
x
x
as provided herein
10. A typewritten 1 ist of all owners x
x
x
x
-
-
of record of property abutting the
subject property per paragraph F(2)
11. The zoning district classifica- x
x
x
x
-
x
x
tions of the subject property and all
abutting properties per paragraph F(2)
12. A current plat of survey as x
x
x
x
-
-
-
defined herein of the subject
property
13. Proposed starting and ending - - - - - x
of use
-37-
Table 1 : Reauired Contents of ADDI ication Fil inns
Map
Variance
PUD
Amend-
Condi - except
Prel im- PUD Temp-
ment
tional Minor
inary Final orary Sign
(Rezone)
Use Variance
Plan Plan Use Permit
14. Name of party to produce - - - - - - x
& erect sign
15. Site pl an showing position - - - - - - x
of sign in relation to nearby
structures, rights -of -way, &
street grade; & locations &
sign areas of all existing
signs on premises
16. Plans & specs showing
methods of construction &
support, electrical compo-
nents, & dimensions of sign
17. Elevation sketch showing
all exposed sign surfaces &
all messages or representations
thereupon, accurately represented
as to shape, size, col or, &
proportion
18. Affidavit of party erecting
sign that sign conforms to all
engineering requirements for safety
provided in all City ordinances
19. A Site Plan meeting the
requirements of Table 2
20. Performance Standards
certification and data
21. Statement of reasons why
applicant believes action
requested conforms to
applicable Approval Criteria
22. RENDERINGS
Architectural renderings showing
substantial design intent for
proposed structures but not
necessarily final design detail
x x
R
x
x
- -
x x
x
x
x
x -
R R
- 38-
Table 1 : Required Contents of Application Filings
Map Variance PUD
Amend- Condi- except Prelim- PUD Temp-
ment ti onal Minor i nary Final orary Sign
(Rezone) Use Variance Plan Plan Use Permit
23. PHASING - - - x x - -
Chronol og al schedule of expect-
ed beginning & ending dates for
proposed stages of construction &
improvement of all structures; common
or public areas; circulation ways; park-
ing loading & service areas; & utilities,
showing interim use & maintenance of areas
not under construction in each phase.
24. ASSOCIATION & COVENANTS - - - x x - -
Organizational details oT a71 pro-
posed property owners' or condominium
associations. Draft of any proposed
protective covenants or deed
restrictions governing land use, open
space, or other concerns. Proposed
documents governing maintenance of
open space and other common areas
25. OPEN SPACE STATEMENT - - - x - - -
Written statement of advantages
proposed common or public open
space at each location offers for
such use and ways such spaces
might be used
26. TRAFFIC ANALYSIS R R - R - -
A profess ionaana ysis of esti-
mated traffic generated by the
completed development per day and
during AM & PM peak hours, the impact
on existing traffic loads in the
vicinity, and street construction
or traffic control measures needed
to accommodate the new traffic
27. SCHOOL CAPACITY R R R R - - -
Evidence of capacity of all affect-
ed public school districts to handl e
the enrollment likely to be generated
by the development
- 39-
Table 1 : Required Contents of ADDI ication Fil inas
Map
Variance
PUD
Amend-
Condi- except
Prel im-
PUD Temp-
ment
tional Minor
inary
Final orary Sign
(Rezone)
Use Variance
Plan
Plan Use Permit
28. Final plat of subdivision & -
- -
-
S - -
final engineering plans & specs
29. Deeds or easement agreements - - - - x - -
conveying ownership interest in
any parcel to any public body
30. Financial sureties approved by - - - - x - -
City to guarantee installation &
improvement of all public or common
improvements provided on approved Plan
31. Any other information the Zon- x x x x x x x
ing Board requires to determine
whether the application conforms to
the requirements of this Ordinance.
x Required for all applications
Not required for any application
R May be required if considered necessary for review of the application by the Zoning
Administrator or Zoning Board.
I Required for industrial uses only. See Performance Standards section.
S As required by City Subdivision Control Ordinance
Contents of applications for APPEALS shall be as provided under Appeals in the x
Administration section of this Ordinance.
Contents of applications for MINOR VARIANCES shall be as established on a case -by -case
basis by the Zoning Administrator.
-40-
Table 2: Reauired Contents of Site Plan
Variance
Uses
Conditional
Uses
Uses Map Except
With
Al I Con-
PUD
With Amend- Minor
Landsc.
ditional
Prelim.
Parking* ment Variance
Strip**
Uses
Plan***
25 Copies of Site Plain showing:
1. Scale: Number of feet 100 100 100 100 100 100
feet to 1 inch ****:
2. Numeric & graphic �scal es, x x x x x x
north arrow, and date of
preparation
3. Boundaries of the development x
and of each phase thereof
4. Lot lines and dimensions and x
areas of lots
5. Easements and encroachments x
6. Data indicating for each
development phase:
a. number of dwelling units -
broken down by inumber of
bedrooms
b. number of lots -
c. gross and net site area -
d . land area devoted to streets, -
off-street parking, off-street
loading, Uncovered Space, Non -
Vehicular Space, Recreation
Space, and each housing and
land use type.
7. DRAINAGE x
Existing & proposed drainage
patterns
8. EXISTING LANDSCAPING -
Existing wooded areas and isolated
trees 6 inches or more in diameter
at 1 foot above ground level
x x
x
x x
x x
x
x x
x x
x
x x
x x
- x x
x x
- x x
x x
- x x
x x
- x x
-41-
x
x
Table 2: Required Contents of Site Plan
Variance
Uses
Conditional Uses
Uses Map Except
With
-
AlonPUD
With Amend- Minor
Landsc.
ditional Prelim.
Parking* ment Variance
Strip**
Uses Plan***
9. STRUCTURES x x x - - x
Location, type, shape, dimensions,
fl oor space, orientation, height in
feet, finished grade elevations at all
entrances & corners, & number of
stories of all existing & proposed
structures, including buildings, signs,
fences, walls, screening, bridges,
culverts, exterior lighting fixtures,
and entrance features
10. PARKING, LOADING, & SERVICE x x x - x x
Location, shape, dimensions,
area of off-street parking & loading
spaces & areas, outside storage, &
refuse disposal and service areas,
including aisles, curbing, surface
type, driveways, & curb cuts
11. TOPOGRAPHY - - - - - x
Maps owing existing contours
at 2-foot intervals & proposed
grading and contours
12. GOVERNMENT BOUNDARIES - - - - - x
Current school district and munici-
pal boundary lines on or adjacent
to site
13. CIRCULATION - x - - x x
Existing & proposed number, loca-
tion, alignment, dimensions, design,
and construction standards of all pub-
lic & private thoroughfares, sidewalks,
pedestrian & bicycle paths, railroad
rights -of -way, curb cuts, & driveways,
& distance of property lines to nearest
existing intersections
14. COMMON OR PUBLIC AREAS - - - - - x
The number, location, acreage, dimensions,
proposed ownership, and provisions for
maintenance of any proposed recreational &
non -recreational common open spaces
-42-
Table 2: Required Contents of Site Plan
Uses Map
With Amend -
Parking* ment
15. WATER BODIES -
Dimensions & ocations of existing
& proposed natural or artificial
bodies of water, fl ood plains, marsh
areas, drainage ditches, wet or dry storm -
water detention or retention areas, and any
proposed modifications to existing water
courses or water bodies
16. SUBSURFACE CONDITIONS R R
Data on su sur ace soft, rock, and
groundwater conditions
17. UTILITIES - -
Size, purpose, & location of exist-
ing and proposed public and private
utilities, utility easements, and
drainage facilities on or within 100
feet of the property. Locations of
existing and proposed hydrants,
catch basins, manholes, & valves.
18. PROPOSED LANDSCAPING - -
a. Location, quantity,Tiameter,
instalation height, maturity height,
botanic name, & common name, of
all proposed living & non -living
landscaping materials & existing
materials to be preserved
b. Types & boundaries of proposed
ground cover
c. Location & contours at 1-foot
intervals of all proposed berming
d. Dimensions & appearance of all
sides of proposed fences, walls,
ornamental lighting, & other
landscaping & screening treatments
e. Measures to be taken to protect
new and preserved existing trees
during construction
-43-
Variance
Uses
Conditional
Uses
Except
With
Alon-
P D
Minor
Landsc.
ditional
Prelim.
Variance
Strip**
Uses
Plan***
-
-
-
x
R x
x - x
Notes for Table 2
x : Required for all site plans
- : Not required for any site plan
R : Required upon request of Zoning Board or Zoning Administrator
* Uses providing over 4 parking spaces for applications specified in Off -Street Parking
and Loading Section
** All uses required to provide any Screening or Planting Strip in the Landscaping and
Screening section herein
*** PUD Final Plan shall be final version of Preliminary Plan approved by City Council
and including final engineering plans and specifications.
**** Or such other scale as the Zoning Administrator or Zoning Board shall require
Table 3: Approval Procedure Steps
Conditional Uses
Map Temp- All Con- PUD PUD
Amend- orary Sign ditional Prel im Final
ment Variance Use Permit Appeal Uses Plan Plan
1. Optional informal
Conference with
with Zoning Board * - -
2. Hearing Before
Zoning Board x x
3. Zoning Board Action x x
4. City Council Action x x
4. Permit Issuance by
Zoning Administrator - -
* May be scheduled at applicant's option.
- -
-
-
x -
- -
x
x
x -
- -
x
x
x -
- -
-
x
x x
x x
-
x
- x
-44-
The next page is 65
III. GENERAL DISTRICT REGULATIONS
A. ESTABLISHMENT OF DISTRICTS
To accomplish the purposes of this Ordinance, the City is hereby divided
and classified into the following zoning districts:
RESIDENTIAL DISTRICTS
RS-1 Low -Density Single -Family Residential District
RS-2 Medium -Density Single -Family Residential District
RS-3 Medium -High -Density Single -Family Residential District
RS-4 High -Density Single -Family Residential District
RA-1 Attached Residential District
RM-1 Low -Density Multi -Family Residential District
RM-2 High -Density Multi -Family Residential District
COMMERCIAL DISTRICTS
C-1 Convenience Commercial District
C-2 Neighborhood Commercial District
C-3 Community Commercial District
C-4 Downtown Commercial District
C-5 Highway Commercial District
OFFICE AND INDUSTRIAL DISTRICTS
0-1 Local Office District
0-2 Office Park District
I-1 Industrial District
B. ZONING DISTRICT MAP
The zoning district classification of all land in the City shall be shown
on the map designated as the City of McHenry Zoning District Map, dated and
signed by the City Clerk upon adoption. No 1 and shal 1 at any time be
classified in more than one zoning district, except that land may be
classified in any district designated as an overlay district and in a
district that is not an overlay district.
The Zoning District Map, everything shown thereon, and all amendments
thereto shall be as much a part of this Ordinance as if fully described
herein and shall be filed as part of this Ordinance by the City Clerk.
Said Map shall be available for public inspection in the Office of the City
Clerk. Any amendments to this map shall be similarly dated, filed, and
made available for public reference and shall be incorporated into the
Zoning District Map by the Zoning Administrator on or before March 31 of
each year and published as provided by statute.
-65-
C. INTERPRETATION OF DISTRICT BOUNDARIES
District boundary lines shall, unless otherwise indicated, be on the
boundary lines of the City, of sections or divisions of sections, or tract
or lot lines; on the center lines of streets, railroads, alleys, easements,
rivers, and other water bodies; or on the extension of such lines.
District boundary 1 ines approximately foll owing such 1 ines shall be
interpreted as located on those lines. Distances not specifically
indicated on the map shall be established using the scale of the map.
Where a district boundary divides a lot in single ownership, the district
governing any portion of the lot may, at the owner's discretion, extend to
the entire lot if such extension is not more than 25 feet beyond the
district boundary on the map.
D. ZONING OF ANNEXED LAND
Except as may be provided for by a preannexation agreement or by a
subsequent amendment to this Ordinance, any parcel of land hereafter
annexed to the City shall be classified in the lowest -numbered RS
Single -Family Residential District that will permit the parcel, or the
smallest subdivided lot therein, to conform to the minimum lot area
required in that District.
E. REGULATION OF FLOODPLAIN LANDS
The use of land located within flood plains is regulated by the City of
McHenry Flood Control Ordinance (Ordinance No. 0-81 -254) in addition to the
requirements herein.
F. AIR RIGHTS
The development of air rights shall
districts and subject to all other
applying to thE- land below as well
governing Conditional Uses.
G. ONE PRINCIPAL BUILDING PER LOT
be a Conditional Use in all zoning
requirements of the zoning district
as to the procedures and criteria
Except within Planned Unit Developments, no more than one principal
building or use shall be permitted on any lot in any zoning district.
-66-
H. OPERATIONS WITHIN ENCLOSED BUILDINGS
All business, service, storage, mechandise display, and, where permitted,
repair and processing shall be conducted wholly within enclosed buildings
except for off-street parking, off-street loading, and for open sales lots
or outside storage where these uses are permitted.
I. SPACING OF SERVICE STATIONS
No automobile service station shall be located within 600 feet of any other
automobile service station.
J. ADULT USES
All lot lines of a lot on which any adult use, as defined herein, is
located shall be a minimum of 1,000 feet from:
1 . the boundary of any Residential District; and
2. any lot line of any lot on which is located a single- or
mul ti pl e-family dwell ing, rel igious institution, educational
institution, park, playground, or other area where large numbers
of minors regularly travel or congregate.
K. TEMPORARY USES
Temporary uses of land may be permitted in any zoning district by the
issuance by the Zoning Administrator of a Temporary Use Permit, subject to
the provisions of this section.
An Application 'For a Temporary Use Permit shall be filed with the Zoning
Administrator at: least 30 days before the requested beginning of the
Temporary Use. The Appl ication shall incl ude the items speci fied in Table
1 in the Filing Procedures section of this Ordinance.
Upon receipt of a complete and accurate Application and upon determining
that there is evidence of compliance with the conditions and requirements
set forth in this Ordinance, the Zoning Administrator shall issue a
Temporary Use Permit. Such Permit shall be 1 imited to the uses and time
periods provided on the Permit and shall set forth any applicable
conditions provided in this Ordinance.
The permittee shall display the Permit within plain view on the premises of
the Temporary Use for the duration of the Use.
-67-
The following Temporary Uses are subject to the conditions provided below:
1 . Carnival or Circus
Conditions: a. Is limited in duration to 10 days
b. Is operated or sponsored by a non-profit group
c. Is not located in or adjacent to any developed
residential area other than on church, school,
or park property.
2. Sidewalk Display and Sale of Bedding Plants
Conditions: a. Does not exceed 90 days per calendar year
b. Is conducted in Commercial Districts only
c. Does not cover an area exceeding 50 percent of
the width of any publ is sidewal k.
3. Sale of Christmas Trees
Conditions: a. Is limited in duration to 30 days
b. Is not conducted in or adjacent to any developed
residential area
4. Temporary Roadside Display and Sale of Farm Produce, Art Work, or Other
Merchandise
Conditions: a. Is not conducted in or adjacent to any developed
residential area
b. Is limited in duration to 90 days
c. Provides adequate ingress and egress from adjoining
roadways
d. Provides one off-street parking space per 75 square
feet of display area with a minimum of 3 spaces.
Such spaces need not meet the requirements of the
Off -Street Parking and Loading or Landscaping
sections herein.
5. Downtown or Shopping Center Sidewalk Sales
Conditions: a. Do not exceed 10 days per calendar year
b. Are not held more than twice a year
c. Do not cover an area exceeding 50 percent of the
width of any public sidewalk at any point within
the shopping center or downtown area
d. Represent the only times during the year when any
business shall maintain a sidewalk sale display.
L. EXCEPTIONS TO ARTERIAL LOT DIMENSIONS
The following lots are exempt from the special required minimum lot
dimensions along streets designated as arterials in the City Comprehensive
Plan that are provided in the regulations for individual zoning districts:
1. Existing lots of record as of the effective date of this Ordinance.
2. Lots subdivided after the effective date of this Ordinance that
meet any of the following conditions:
a. The only access to the lot is from public streets or public
access drives that are not arterials, and are either already in
existence or have been planned and approved by the City. Except
in the case of a lot in a Residential District, such streets or
access drives shall not primarily serve a residential area.
b. The only access to the lot is from curb cuts provided jointly
with one or more other lots with a combined frontage on the
arterial of 150 feet or more.
Where such lots are part of the same subdivision, the curb cuts
shall meet all City requirements. Where such lots are not part
of the same subdivision, City requirements shall be met to the
extent possible, and the total number of curb cuts shall not be
increased.
c . The only access to the lot is ultimately to be provided from
a frontage road planned and approved by the Illinois Department
of Transportation, the County, or the City and where
right-of-way adjacent to the lot has been dedicated totalling
100 feet from the center line of the arterial or such lesser
distance equalling or exceeding 50 feet as the City may approve.
d. Other arrangements approved by the City establish a minimum
distance of 150 feet between each curb cut on the lot and all
other curb cuts on the lot or on adjacent parcels or control
left turns in and out of curb cuts by driveway channelization
and signage.
-69-
The next page is 90
IV. RESIDENTIAL DISTRICTS
A. GENERAL RESIDENTIAL DISTRICT REGULATIONS
The following provisions apply in all Residential Districts:
1. HOME OCCUPATIONS
Home occupations shall be governed by the following regulations:
a. Home occupations shall not employ more than one person that
is not a member of the immediate family living on the premises.
b. Home occupations shall be conducted entirely within enclosed
structures, and there shall be no exterior storage of equipment
or materials used.
c. There shall be no visible evidence of the conduct of such
occupation in the outside appearance of the premises.
d. Any need for parking generated by the occupation shall be met
off the street.
e. No, home occupation shall involve construction features or the
use of electrical or mechanical equipment that would change the
fire rating of the structure or of the fire district in which
the structure is located.
f. Home occupations may include, among others, the following
uses provided they conform to all other requirements herein:
1 . art or crafts studio
2. dressmaking
3. teaching or tutoring, 1 imited to one pupil at a time
except for occasional groups
4. authors or composers
5. offices of a professional person such as a clergyman,
attorney, architect, engineer, physician, dentist, or
accountant
6. a barber shop or beauty parlor.
g. Home occupations shall not include:
1 . any whol esal a or retail business that involves the use
of commercial vehicles for del i very of materials to or
from the premises
2. any manufacturing or processing operation
3. any repair or service establishment
4. a stable or kennel
5. a restaurant
6. a clinic or hospital
7. a mortuary
8. a child day care center
9. a private club
10. the renting of trailers
11. a tourist home
12. any activity that creates noise, fumes, odor, dust,
electrical interference, or pedestrian or vehicular
traffic that is more than normal for the area in which it
is located.
2. STANDARDS FOR NON-RESIDENTIAL USES
Yard requirements for non-residential Permitted and Conditional Uses
except Permitted and Conditional Public Uses and temporary uses shall
be the same as required for single-family detached dwellings in the
same zoning district. Where a building height is over 35 feet,
however, each required yard shall be increased by two feet for each
additional foot of building height over 35 feet.
The lot width and area requirements for each non-residential Permitted
Use except Permitted Public Uses and temporary uses shall be the same
as required per dwelling unit in the same district. For
non-residential Conditional Uses, such requirements shall be as
determined by the City Council. For both non-residential Permitted
and Conditional Uses, maximum building height shall be governed by a
maximum floor area ratio of 0.6 and off-street parking and loading and
landscaping requirements and sign regulations shall be as provided in
Sections VII, VIII, and IX.
3. RESIDENTIAL LOTS ABUTTING ARTERIAL STREETS
In subdivisions created after the date of effect of this Ordinance,
residential lots accommodating fewer than four dwelling units and
abutting an arterial street shall not have direct access onto the
arterial. Such lots shall front upon and have access only to existing
or new collector or local streets, and not to an arterial , except
where the Zoning Board determines this to be impractical. Arterial
streets shall be as designated in the City Comprehensive Plan.
B. RESIDENTIAL ZONING DISTRICTS
SINGLE-FAMILY DISTRICTS
Purpose: To recognize, preserve, and protect the present character of
existing single-family residential neighborhoods and to provide for
the development of new neighborhoods in accordance with contemporary
residential development standards.
-91 -
RS-1 Low -Density Single -Family Residential District
Purpose: This district is intended to provide in existing and newly
developing outlying areas for a single-family detached residential
environment characterized by large lots.
Regulations: As provided in Tables 4 and 5.
RS-2 Medium• -Density Single -Family Residential District
Purpose: This district is intended to provide in existing and newly
developing areas for a single-family detached residential environment
characterized by medium-sized lots.
Regulations: As provided in Tables 4 and 5.
RS-3 Medium• -High -Density Single -Family Residential District
Purpose: This district is intended to provide in existing and newly
developing areas for a single-family detached residential environment
characterized by medium -small sized lots.
Regulations: As provided in Tables 4 and 5.
RS-4 High -Density Single -Family Residential District
Purpose: This district is intended to provide for the appropriate
zoning of existing single-family neighborhoods in the City developed
years ago under less stringent development standards.
Regulations: As provided in Tables 4 and 5.
MULTI -FAMILY DISTRICTS
Purpose: To provide for a variety of housing types suited to the
differing age groups and lifestyles of present and future City
residents in a way that most effectively controls the impacts on the
environment and public services created by high population densities.
RA-1 Attached Residential District
Purpose: This district is intended to:
1. provide for intermediate housing types and ensities between
single-family detached and apartment development in order to further a
balanced distribution of non -single-family detached housing in the
City
-92-
2. to provide for intermediate -{tensity residential development in
locations where apartment buildings would not be compatible.
3. to provide in a flexible manner for numbers and sizes of dwelling
units that will produce approximate population densities of up to 20
persons per acre in such dispersed locations as will produce minimal
confl ict with single-family areas.
Regulations: As provided in Tables 4 and 5.
RM-1 Low -Density Multi -Family Residential District
Purpose: This district is primarily intended to provide in a flexible
manner for numbers and sizes of dwelling units that will produce
approximate population densities of up to 26 persons per acre in
locations along major arterial streets and near centers of activity.
Regulations: As provided in Tables 4 and 5.
RM-2 High -Density Multi -Family Residential District
Purpose: This district is primarily intended to provide in a flexible
manner for numbers and sizes of dwelling units that will produce
approximate population densities of up to 31 persons per acre in areas
where the compatibility of high densities can be assured by means of
special review under Conditional Use procedures.
Regulations: As provided in Tables 4 and 5.
-93-
Table 4: Residential District Requirements
ZONING DISTRICT
RS1 RS2 RS3 RS4 RA1 RMi RM2
Minimum lot AREA per
dwelling unit in square feet [g]
Efficiency unit
1-Bedroom unit
2-Bedroom unit
3-Bedroom unit
4-Bedroom & larger unit
Minimum lot WIDTH per
dwell ing unit in feet
Abutting arterial street [b]
Minimum FRONT YARD depth in ft . [c]
Minimum CORNER SIDE YARD
width in feet [c]
Minimum INTERIOR SIDE YARD
width in feet: [c] [d]
Minimum REAR YARD depth in ft. [c]
Maximum building HEIGHT in feet
for residential uses only
Minimum percent of net site area in:
UNCOVERED Space
NON -VEHICULAR Space
RECREATION Space
PERMITTED Use Group(s) [e]
CONDITIONAL Use Group(s) [f]
PARKING & LOADING
LANDSCAPING & SCREENING
SIGNS
OTHER Requirements A
15 15 15 15 15 15 15
10* 10* 10* 6 15
40 30 25 25 25
---------------35 feet-------------
15 15
25 25
--40 feet--
s
-94-
Notes on Table 4
* Or 10 percent of the width of the lot, whichever is less.
[a] For uses also permitted in RA Districts only. No minimum lot width per
dwelling unit shall be required for other uses permitted in RM Districts.
[b] Required front and corner side yard frontages for any lot abutting an
arterial street designated in the City Comprehensive Plan or in an
annexation agreement or subdivision plat and not qualifying under
Exceptions in General District Regulations.
[c ] Pl u s 2 feet: for each 1 foot of building height over 35 feet, where
maximum height restriction permits.
[d] Side yard requirements for attached dwelling units shall not apply
where the unit is attached to another unit at the side lot line.
[e] See Table 5 for Permitted and Conditional Uses by Group.
[f] Subject to the provisions of Section XIV: Conditional Uses.
[g] RM-2 lot area per dwelling unit minimums shown are a Conditional Use in
the District. Without a Conditional Use Permit, the minimums applicable to
the RM-1 District apply in the RM-2 District.
Note: Single-family detached dwellings in RA and RM Districts shall meet
the same requirements as provided in the RS-3 District for such dwellings.
Table 5: Permitted and Conditional Uses in Residential Districts
GROUP A: PERMITTED USES IN ALL RESIDENTIAL DISTRICTS
1. Home occupations
2. Single-family detached dwellings
3. Parks, playgrounds, gol f courses, forest preserves, wil dl ife
sanctuaries, and other publicly owned open space
4. Permitted Public Uses, as defined herein
5. Streets and alleys
6. Temporary buildings or trailers for construction purposes for a period
not to exceed the period of construction
7. Accessory uses, buildings, and structures to all Permitted Uses in the
district, including off-street parking and loading and signs as
provided in Sections VII and IX.
-95-
GROUP B: CONDITIONAL USES IN ALL RESIDENTIAL DISTRICTS
1. Cemeteries
2. Conditional Public Uses, as defined herein
3. Educational institutions, as defined herein
4. Golf courses and country clubs, private
5. Hospitals, clinics, nursing and group homes, mental health centers
6. Philanthropic and charitable institutions, as defined herein
7. Planned Unit Developments
8. Religious institutions, as defined herein
9. Accessory uses, buildings, and structures to all Conditional Uses in
the district, including off-street parking and loading and signs as
provided in Sections VII and IX.
GROUP C: PERMITT'ED USES IN RA AND RM RESIDENTIAL DISTRICTS
In unit groupings of 6 or fewer dwelling units:
1 . Single-family attached dwellings as defined herein
2. Townhouses as defined herein.
GROUP D: PERMITTED USES ONLY IN RM RESIDENTIAL DISTRICTS
1 . Mul ti pl a-famil y dwel 1 ings as defi ned herei n
2. Two-family dwellings that are not townhouses as defined herein.
GROUP E: CONDITIONAL USES ONLY IN RM RESIDENTIAL DISTRICTS
1. Mobile home parks as defined herein
2. Mobile home subdivisions as defined herein.
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The next page is 115
V. COMMERCIAL DISTRICTS
C-1 Convenience Commercial District
Purpose: This district is intended to provide convenient access to goods and
services close to residential areas in a manner that is environmentally
compatible with such areas. To accomplish this intent, the district provides
close -to -home locations for a very limited range of frequently patronized
establishments providing convenience goods and services that predominantly
serve only the immediate neighborhood. It is intended that such uses will
create minimal land use incompatibility with surrounding residential areas.
Regulations: As provided in Tables 6 and 7.
C-2 Neighborhood Commercial District
Purpose: This district is intended to provide locations for a broader
selection of convenience goods and services and a limited selection of
shoppers goods in locations serving more than one neighborhood.
Regulations: As provided in Tables 6 and 7.
C-3 Community Commercial District
Purpose: This district is intended to provide locations for a broad selection
of convenience and comparison shoppers goods and services in centralized and
highly accessible locations that serve the entire City and surrounding areas.
Regulations: As provided in Tables 6 and 7.
C-4 Downtown Commercial District
Purpose: This district is intended to provide appropriate standards for
development in the City's older central business areas and to reflect and
protect the existing character of those areas.
Regulations: As provided in Tables 6 and 7.
C-5 Highway Commercial District
Purpose: This district is intended to provide locations for highway -oriented
commercial uses, businesses having large space needs, and other establishments
offering goods and services that are less frequently purchased.
Regulations: As provided in Tables 6 and 7.
-115-
Table 6: Commercial
District Requirements
ZONING
DISTRICT
Cl
C2
C3 C4
C5
Minimum
LOT AREA in sq. ft.
-
-
- -
-
Minimum
LOT WIDTH in ft.
-
-
- -
-
Along
arterial street [a]
200
200
200 -
200
Minimum
FRONT YARD
depth
or CORNER SIDE YARD
width
in feet [b]
30
30
30 -
30
Minimum
INTERIOR SIDE YARD
width
in feet [.b]
10
10
10 -
10
Adjacent to Residential Dist. [b]
20
20
20 -
2.5
Minimum
REAR YARD
depth
in feet [b]
15
15
15 -
15
Adjacent to Residential Dist. [b]
30
30
30 -
30
Maximum FLOOR AREA
RATIO
0.5 1.0 2.0
3.0
1.0
PERMITTED Use Groups [c]
F F,H F,H,J
F,H,J,L
F,H,J,L,N
CONDITIONAL Use Groups [d]
G G,I G,I,K
G,I,K,M
G,I,K,M,O
PARKING & LOADING
As provided
in Section
VII.
LANDSCAPING & Screening
As provided
in Section
VIII.
PERFORMANCE Standards
As provided
in Section
XII.
SIGNS
As provided
in Section
IX.
OTHER Requirements
As Provided in General District
Regulations
[a] Required front and corner side yard frontages for any lot abutting an
arterial street designated in the City Comprehensive Plan or in an
annexation agreement or subdivision plat except for lots meeting
requirements under Exceptions in General District Regulations.
[b] Plus 2 feet for each 1 foot of building height over 35 feet.
[c] See Table 7 for Permitted and Conditional Uses by Group.
[d] Subject to the provisions of Section XIV: Conditional Uses.
-116-
Table 7: Permitted and Conditional Uses in Commercial Districts
Uses are listed alphabetically within groups.
GROUP F: PERMITTE:D USES IN ALL COMMERCIAL DISTRICTS
1. Automated teller machines
2. Beauty shops, barber shops, and hair styling salons
3. Candy, ice cream, popcorn, nut, and yogurt stores
4. Currency exchanges
5. Drug stores
6. Dry cleaners and laundries (processing to be done off -site) and
laundromats
7. Food and grocery stores under 5,000 square feet, convenience marts, meat
markets, fish markets, dairy stores, health food stores, and bakeries,
with no food preparation on premises
8. Liquor stores (package goods only)
9. Newspaper, magazine, and tobacco shops
10. Parks, playgrounds, golf courses, forest preserves, wildlife sanctuaries,
and other publicly owned open spaces
11. Permitted Public Uses, as defined herein
12. Restaurants, eat -in or carry -out; delicatessens, retail bakeries, donut
shops, and convenience marts with limited food preparation on premises;
but not including live entertainment, dancing, serving of alcoholic
beverages, or drive-in restaurants as defined herein
13. Streets and alleys
14. Temporary buildings or trailers for construction purposes for a period
not to exceed the duration of construction
15. Accessory uses, buildings, and structures to all Permitted Uses in the
district, including off-street parking and loading and signs as provided
in Sections VII and IX.
GROUP G: CONDITIONAL USES IN ALL COMMERCIAL DISTRICTS
1 . Air rights development
2. Automobile service stations
3. Cemeteries
4. Conditional Public Uses, as defined herein
5. Educational institutions as defined herein
6. Gol f courses and country clubs, private
7. Hospitals, clinics, nursing homes, group homes, and mental health centers
8. Philanthropic and charitable institutions, as defined herein
9. Planned Unit Developments
10. Religious institutions as defined herein
11. Accessory uses, buildings, and structures to all Conditional Uses in the
district, including off-street parking and loading and signs as provided
in Sections VII and IX.
-11 7-
GROUP H: ADDITIONAL PERMITTED USES IN C-2 AND
HIGHER -NUMBERED OMM RCA DISTRICTS
1. Card and gi ft stores
2. Clothing repair, hat repair, and shoe repair stores and tailor shops
3. Domestic appliance repair shops
4. Domestic appliance stores, including radio, television, stereo, video,
lighting, clock, and music stores
5. Financial institutions, including banks, savings and loan associations,
and commercial loan offices
6. Florist shops
7. Insurance offices
8. Jewelry and watch sales and repair stores
9 Medical , dental , and optometry offices
10. Newspaper distribution agencies for home delivery and retail trade
11. Office, stationery, school , art, and graphics supply stores
12. Optician sales, retail
13. Paint, tile, and wallpaper stores
14. Photo processing stores (except kiosks)
15. Print shops with six or fewer employees
16. Real estate offices
17. Supermarkets
18. Tax preparation offices
19. Ticket offices, theatre and amusement
20. Ticket offices, transportation
21. Yard goods stores
GROUP I: ADDITIONAL CONDITIONAL USES IN C-2 AND
HIGHER -NUMBERED COMMERCIAL DISTRICTS
1. Child day care centers, as defined herein
2. Drive-in establishments, as defined herein
3. Game rooms, as defined herein
4. Kiosk, a single free-standing, with not more than 50 square feet of fl oor
area, on the same lot as all or a portion of a shopping center, and used
for any Permitted or Conditional Use in its district
5. Parking, off-street, lots, public garages, or storage garages as a
Principal Use
6. Recreational institutions, as defined herein
7. Restaurants serving alcoholic beverages but without live entertainment or
dancing
8. Taverns and bars without live entertainment or dancing
GROUP J: ADDITIONAL PERMITTED USES IN C-3 AND
HIGHER -NUMBERED COMMERCIA DISTR CTS
1. Animal hospitals
2. Antique shops
3. Art shops or galleries, but not including auction rooms
4. Automobile part and accessory stores
-11 8-
5. Bicycle sal es, rental , and repair shops
6. Blueprinting and photostating establishments
7. Bookstores or book and stationery stores
8. Business machine sales, rental, and service
9. Camera and photographic supply stores
10. Camping equipment sales
11. Carpet and rug stores (retail sales)
12. Catering establishments
13. China and glassware stores
14. Clothing and shoe stores
15. Coin and philatelic stores
16. Computer sales and rental
17. Custom dressmaking establishments
18. Department stores, junior department stores,
stores
19. Empl oyment agencies
20. Exterminating services
21. Frozen food stores, including locker rental
22. Furniture stores, including upholstery when
retail operations and secondary thereto
and discount department
conducted as part of the
23. Furrier shops, including the incidental storage and conditioning of furs
24. Garden supply, tool , and seed stores, including lawn mower, snow blower,
and snowmobile sales and service
25. Gunsmith shops
26. Hardware stores
27. Health clubs as defined herein
28. Hobby and craft shops
29. Hotel s and motel s
30. Interior decorating shops, including upholstery and the making of
draperies, slip covers, and other similar articles when conducted as part
of the retail operations and secondary thereto
31. Kennels, pet grooming, and veterinary offices
32. Laboratories, medical, dental, research, and testing
33. Leather goods and luggage stores
34. Locksmith shops
35. Meeting and banquet halls
36. Mill inery shops
37. Musical instrument sales and repair
38. Offices, business and professional
39. Offices, governmental, political, and institutional
40. Orthopedic and medical appliance stores (retail sales only)
41. Pawnshops
42. Pet shops
43. Phonograph record, tape, and sheet music stores
44. Photography studios, including the development of film when conducted as
part of the retail business
45. Picture framing shops
46. Post offices
47. Produce markets
48. Schools, commercial, for music, dance, business, or trade
49. Second hand stores and rummage shops
50. Sewing machine sales and service
-11 9-
51. Sporting goods stores
52. Tanning salons
53. Taxidermists
54. Telegraph offices
55. Theatres, indoor
56. Toy stores
57. Trading stamp redemption centers
58. Travel bureaus
59. Union halls
60. Variety stores
61. Video cassette sales or rental
GROUP K: ADDITIONAL CONDITIONAL USES IN C-3 AND
HIGHER -NUMBERED OMM R A D S S
1. Indoor amusement establishments, including bowling alleys, pool halls,
dance halls, commercial swimming pools, and skating rinks
2. Mortuaries as defined herein
3. Printing and publishing plants
4. Radio and television towers
5. Restaurants with live entertainment or dancing
6. Taverns and bars with live entertainment or dancing
GROUP L: ADDITIONAL PERMITTED USES IN C-4 AND
HIGHER -NUMBERED COMMERCIAL DISTRICTS
1 . Off-street parking lots, publ is garages, or storage garages as Principal
Uses
2. Duelling units above the ground fl oor in buildings with a ground fl oor in
non-residential use
3. Plazas and publ is spaces
4. Radio and television stations and studios
5. Recording studios
6. Tourist information and hospitality centers
GROUP M: ADDITIONAL CONDITIONAL USES IN C-4 AND
HIGHER -NUMBERED COMMERCIAL DISTRICTS
1. Convention halls
2. Exhibit halls
GROUP N: ADDITIONNAL PERMITTED USES IN C-5 DISTRICT
1. Automobile 'laundries
2. Bottled gas dealers
3. Building materials and products sales
4. Contractors and construction offices
5. Electrical showrooms and shops
-12 0-
6. Equipment rental
7. Fuel and ice sales
8. Golf courses and country clubs, private
9. Greenhouses and nurseries
10. Laundry plants, commercial
11. Mail order houses and letter shops
12. Monument sail es (no open sales 1 of )
13. Motor vehicle sales (no open sales lot)
trucks, boats, trailers, recreational
motorcycles, motor scooters, and mopeds
14. Plumbing and heating sales
15. Sewer cleaning and rodding service
16. Swimming pool sales (no open sales lot)
17. Water softener service
or rental, including cars,
vehicles, mobile homes,
GROUP 0: ADDITIONAL CONDITIONAL USES IN C-5 DISTRICT
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11 .
12.
13.
14.
15.
Adult uses, as defined herein
Auction rooms
Crematories
Fuel storage, bulk
Machinery sales
Mini -warehouses
Model home and garage displays
Motor vehicle, trailer, and mobile home repair shops
Motor vehicle body'shops
Open sales 'lots as defined herein
Outdoor amusement establishments
golf, and similar facilities
Outdoor storage associated with a
Trailer parks and campgrounds
Truck stops
Wrecking yards
as a Principal or Accessory Use
, including archery ranges, miniature
Permitted or Conditional Use
-121-
The next page is 140
A
VI. OFFICE b INDUSTRIAL DISTRICTS
OFFICE DISTRICTS
0-1 Local Office District
Purpose: This district is intended to provide for small office buildings on
smaller sites housing uses that do not generate large amounts of traffic.
The district is intended for locations that can serve as a buffer between
commercial and 'residential development and locations that are not best
suited either for residential or for more intensive business development.
Regulations: As provided in Tables 8 and 9.
0-2 Office Park District
Purpose: This district is intended to provide locations on larger sites for
large office buildings and planned office park developments including
office -related retail and service uses.
Regulations: As provided in Tables 8 and 9.
INDUSTRIAL DISTRICTS
I-1 Industrial District
Purpose: This district is intended to provide primarily for low -nuisance
industrial uses that are compatible with a residential community but also
to allow after special review heavier industrial facilities that can meet
suitable environmental performance standards.
Regulations: As provided in Tables 8 and 9.
-1 4O-
Table 8: Office & Industrial District Requirements
ZONING DISTRICT
Minimum LOT AREA in sq. ft.
Minimum LOT WIDTIH in ft .
Along arterial street [a]
Minimum FRONT YARD depth or
CORNER SIDE YARD width in ft. [b]
Minimum INTERIOR SIDE YARD
width in feet [b]
Adjacent to Residential District [b]
Minimum REAR YARD depth in ft. [b]
Adjacent to Residential District [b]
Maximum FLOOR AREA RATIO
PERMITTED Use Groups [c]
CONDITIONAL Use Groups [d]
PARKING & LOADING
LANDSCAPING A Screening
PERFORMANCE Standards
SIGNS
OTHER Requirements
0-1
5,000
200
30
10
15
15
25
1.0
P
0-2
40,000
100
200
30
10
2.5
15
35
2.5
P,R
I -1
15,000
100
200
40
10
35
15
50
3.0
T
Q
Q, S
U
As
provided in
Section
VII.
As
provided in
Section
VIII.
As
provided in
Section
XII.
As
provided in
Section
IX.
As Provided in General
District Regulations
[a] Required front and corner side yard frontages for any lot abutting an
arterial street designated in the City Comprehensive Plan or in an
annexation agreement or subdivision plat except for lots meeting
requirements under Exceptions in General District Regulations.
[b] Plus 2 feet for every 1 foot of building height over 30 feet.
[c] See Table 9 for Permitted and Conditional Uses by Group.
[d] Subject to the provisions of Section XIV: Conditional Uses.
-141-
Table 9: Permitted and Conditional Uses
in Office and Industria Districts
Uses are listed alphabetically within groups.
GROUP P: PERMITTED USES IN ALL OFFICE DISTRICTS
1.
Insurance offices
2.
Medical , dental , and optometry offices
3.
Offices, business and professional
4.
Offices, government, political and institutional
5.
Parks, playgrounds, golf courses, forest preserves,
wildlife sanctuaries,
and other publicly owned open space
6.
Permitted Public Uses, as defined herein
7.
Real estate offices
8.
Streets and alleys
9.
Tax preparation offices
10.
Temporary buildings or trailers for construction
purposes for a period
not to exceed the duration of construction
11.
Transportation ticket offices
12.
Travel bureaus
13.
Accessory uses, buildings, and structures to all
Permitted Uses in the
district, including off-street parking and loading
and signs as provided
in Sections VII and IX
GROUP Q: CONDITIONAL USES IN ALL OFFICE DISTRICTS
1.
Air rights development
2.
Cemeteries
3.
Child day care centers, as defined herein
4.
Conditional Public Uses, as defined herein
5.
Educational institutions as defined herein
6.
Financial Institutions, including banks, savings
and loan associations
and savings banks, finance companies, and credit unions
7.
Golf courses and country clubs, private
8.
Hospitals, clinics, nursing homes, group homes, and
mental health centers
9.
Mortuaries, as defined herein
10.
Philanthropic and charitable institutions, as defined herein
11.
Recreational Institutions, as defined herein
12.
Religious institutions as defined herein
13.
Accessory uses, buildings, and structures to all Conditional
Uses in the
district, including off-street parking and loading
and signs as provided
in Sections VII and IX
-142-
GROUP R: ADDITIONAL PERMITTED USES IN 0-2 DISTRICT
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21 .
22.
23.
24.
25.
Automated teller machines
Automobile and truck rental establishments
Blueprinting and photostating establishments
Business machines sales, rental, and service
Commercial schools for business, trade, electronics, or
Computer sales, rental, and service
Currency exchanges
Donut shops
Employment agencies
Financial institutions, including banks, savings and
credit unions, and commercial loan offices
Golf courses; and country clubs, private
Graphics and drafting services
Health clubs as defined herein
Hotels and motels
Laboratories, medical, dental, research, and testing
Mail order houses and letter shops
Meeting and banquet halls
data processing
loan associations,
Newspaper distribution agencies for home delivery and retail trade
Office, stationery, or art supply stores
Plazas and public spaces
Post offices
Radio and television stations and studios
Recording studios
Research and development facilities
Restaurants, eat -in or carry -out, but not including live entertainment,
dancing, or serving of alcoholic beverages, or restaurants that are
drive-in establishments as defined herein
26. Studios for artists, musicians, and photographers
27. Union halls
28. Wholesaling
GROUP S: ADDITIONAL CONDITIONAL USES IN 0-2 DISTRICT
1. Airports
2. Convention and exhibit halls
3. Off-street parking lots, public garages, or storage garages, other than
as accessory uses
4. Planned Unit Developments
S. Radio and television towers
6. Restaurants,, eat -in, serving alcoholic beverages but without live
entertainment or dancing
7. Taverns and bars without live entertainment or dancing
8. The following uses as Accessory Uses located totally within a building
housing a Principal Permitted Use and with neither any separate outside
entrance nor any sign facing or visible from any public street:
-143-
a. newspaper, magazine, and tobacco shops
h. gift or card shops
c . fl aver shops
d . drug stores
e. barber shops and beauty shops
GROUP T: PERMITTED USES IN I-1 INDUSTRIAL DISTRICT
1. Bakery pl antis
2. Commercial schools, such as for business or electronics
3. Contractor and construction offices
4. Dry cl eaning pl ants and 1 aundries
5. Dmelling unit of caretaker or guard
6. Golf courses and country clubs, private
7. Graphics and drafting services
8. Laboratories, medical, dental, research, and testing
9. Low -nuisance light manufacturing, fabricating, processing, cleaning,
servicing, testing, repair, and assembly facilities not listed elsewhere
as Permitted or Conditional Uses that are able to conform to the
Performance Standards herein for light industrial uses
10. Parks, playgrounds, golf courses, forest preserves, wildlife sanctuaries,
and other publicly owned open space
11. Permitted Public Uses, as defined herein
12. Printing and publishing establishments
13. Radio and television stations and studios
14. Recording studios
15. Research and development facilities
16. Streets and alleys
17. Temporary buildings for construction purposes for a period not to exceed
the duration of such construction
18. Warehousing, storage, and distribution facilities
19. Wholesaling
20. Accessory uses, buildings, and structures to all Permitted Uses in the
district, including off-street parking and loading and signs as provided
in Section VII and IX
GROUP U: CONDITIONAL USES IN I-1 INDUSTRIAL DISTRICT
1. Abattoirs or slaughterhouses
2. Acid manufacture
3. Air rights development
4. Airports
5. Arsenals
6. Automobile service stations
7. Batch asphaltic concrete, Portland Cement, or mortar mixing plants
8. Cemeteries
9. Conditional Public Uses, as defined herein
10. Creosote manufacture
-144-
11 . Dumping or reduction of garbage, dead animals, offal, or refuse,
including recycling centers
12. Fat rendering
13. Feed, flour, and grain storage
14. Fertlizer manufacture
15. Fuel storage, bulk
16. Manufacturing, fabricating, processing, cleaning, servicing, testing,
repair, or assembly facilities that are not listed elsewhere as Permitted
or Conditional Uses, including facilities for abrasive products; boilers
and tanks; chemicals; clay; coal, coke, and tar products; fiberglass;
foundries; glass; metal; textiles; transportation equipment; and any
other facilities that are able to conform to the Performance Standards
herein for heavy industrial uses
17. Motor, rail, or air freight terminals
18. Off-street parking lots, public garages, or storage garages, other than
as accessory uses
19. Ore reduction
20. Outdoor storage associated with any Permitted or Conditional Use in the
21 .
22.
23.
24.
25.
26.
27.
28.
29.
30.
31 .
32.
33.
34.
35.
36.
37.
38.
39.
40.
district
Petroleum or coal oil processing or refining
Planned Unit Developments
Quarries
Radio and television towers
Recycling centers, solid waste
Rubber, natural or synthetic, manufacture or
gutta percha
Salt works
Sand and gravel extraction
Sauerkraut manufacture
Smelters
Soap manufacture
Stock yards or slaughterhouses
Synthetic polymer manufacture
Tallow, grease, or lard manufacture
manufacture of caoutchouc or
Tanning, curing, or storage of rawhides or skins
Tar distillation
Transfer stations, solid waste
Utilization or storage of over 5 pounds of detonable materials as
provided under Performance Standards herein
Wrecking yards, as defined herein
Accessory uses, buildings, and structures to all Conditional Uses in the
district, including off-street parking and loading and signs as provided
in Sections VII and IX
-145-
The next page is 165
VII. OFF-STREET PARKING & LOADING
A. PROVISIONS APPLYING TO PARKING AND LOADING
1_ PURPOSE
The purpose of the requirements in this section is to further the
appropriate provision and design of off-street parking and loading areas
that will:
a. provide access to land uses generating large traffic volumes in a
community dependent on automobile and truck transportation
b. foster safe and efficient circulation of vehicles and pedestrians
both on private property and on adjacent public streets
c. minimize nuisance in residential areas from on -street parking of
large numbers of vehicles.
2. APPLICABILITY
The requirements in this section apply to any provision, removal,
enlargement, or alteration of any off-street parking or loading spaces or
areas accessory to any building or structure existing as of the effective
date of this Ordinance or any new spaces or areas required to be provided
under this Ordinance or voluntarily provided in excess of the requirements
herein. These provisions shall likewise apply to parking that is the
Principal Use of a parcel.
3. NUMBER AND SIZE OF REQUIRED FACILITIES
Numbers and sizes of off-street parking and loading spaces shall be
provided for all new uses and existing uses that are enlarged, expanded, or
changed, in conformance with the standards of Tables 10, 11 , 12, and 13.
No additional spaces shall be required for expansion or change of an
existing use if the standards herein would require an increase over the
spaces already provided on the site of less than 15 percent.
4. EXCEPTION FOR C-4 DOWNTOWN COMMERCIAL DISTRICT
In recognition of the existing character and pedestrian orientation of the
City's older downtown business areas, no off-street parking or loading
shall be required for individual uses located entirely within the C-4
Downtown Commercial District. This exception is made to minimize curb cuts
-165-
disruptive to safe and efficient pedestrian circulation and to encourage
provision of off-street parking in centralized locations that serve
multiple uses.
5. PRESERVATION AND REPLACEMENT OF EXISTING SPACES
No off-street parking or loading spaces either provided in conformity with
the provisions of this or a previous Ordinance or voluntarily provided in
excess of what such provisions require, shall be reduced in size or number
below the requirements herein, or further below such requirements, so long
as the use they serve continues in operation.
6. SUBMISSION OF SITE PLAN
A Site Plan showing off-street parking and loading facilities shall
accompany an application for any of the following for any use required to
provide over 4 off-street parking spaces or one or more off-street loading
spaces:
a. Building Permit or Certificate of Occupancy
b. Conditional Use Permit
C. Rezoning
d. Preliminary or Final Plat approval as provided in the
Subdivision control Ordinance
e. Variance from off-street parking or loading requirements
f. Planned Unit Development Preliminary or Final Plan.
The City Council may waive or defer this requirement in any instance in
which the specific use of the premises, and therefore the specific parking
and loading requirements applicable, are not yet determined, such as in the
case of a rezoning for an industrial subdivision. The Site Plan shall meet
the requirements. of Table 2 in the Filing Procedures section herein.
7. STORAGE AND REPAIR
No storage of any kind, nor motor vehicl a repair work except for emergency
services, is permitted in any open off-street parking or loading area
except those provided for single-family detached or attached dwellings.
8. ACCESS
Each required off-street parking space and loading space shall open
directly upon an aisle or driveway of such width and design as to provide a
safe and efficient means of vehicular access, and shall have vehicular
access to a public thoroughfare in a manner that will least interfere with
traffic movement: thereupon. Dimensions of aisles and driveways shall be as
provided in Table 10.
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9. GRADING
All parking and loading areas shall be graded for proper drainage, and the
volume of storm water runoff that exceeds that existing prior to the
installation of such areas shall discharge into an approved drainage system.
10. MAINTENANCE
All parking and loading areas shall be maintained free of dust, trash, and
debris. The surfacing, curbing, lighting fixtures, signage, and related
appurtenances shall be maintained in good condition so long as such areas
are used for parking or loading purposes.
11. LANDSCAPING AND SCREENING
All parking and loading areas shall be landscaped and screened as provided
in the Landscaping and Screening section of this Ordinance.
B. OFF-STREET PARKING PROVISIONS
1. USE OF PARKING SPACES
Except as otherwise provided herein, required off-street parking shall be
used solely for parking for patrons, occupants, guests, visitors, or
employees of the premises on the same lot.
2. COLLECTIVE PROVISION
Required parking spaces for different uses may be provided collectively.
Except as provided herein for shopping centers, the total number of spaces
so provided shall not be less than the sum of the spaces required for each
separate use. No space shall serve as the required space for more than one
use.
3. PARKING FOR SHOPPING CENTERS
The number of parking spaces required for retail and personal service uses
located in a shopping center shall be as provided for shopping centers in
Table 13 rather than the sum of the spaces required for the individual
uses. Except that the number of spaces for restaurants, taverns, and
drive-in facilities located in a shopping center, and for any establishment
occupying over 50 percent of the gross leasable area of the center, shall
be as provided in Table 13 for these individual uses and shall be added to
the number of spaces required under the provisions for shopping centers for
the balance of the uses in the center.
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4. SURFACING OF (PARKING AREAS
All open off-street parking areas and related vehicular access drives and
aisles shall be surfaced with a blacktop, sealcoat, brick, or concrete
all-weather pavement, except that an approved crushed gravel base may also
be used for single-family detached dwellings. Any expansion or extension
of such areas shall be surfaced with the same materials as the original
installation.
5. WHEEL GUARDS
Where more than 4 spaces are provided, wheel guards, bumper guards, or
curbs shall be installed so as to prevent parked vehicles from extending
beyond the parking surface.
6. FUEL SALES IN PARKING AREAS
Fuel or motor oil may be sold in an off-street parking area only to users
thereof and only within a completely enclosed building with no advertising
sign visible from the outside and with all fuel pumps screened from the
view of the street. No fuel or oil shall be sold in a parking area in a
Residential District.
7. LOCATION OF PARKING SPACES
A. On Same Lot
Required off-street parking for single-family detached and attached
dwellings shall be provided on the same lot as the use served.
Required parking for other uses may also be provided on a separate lot
that is in the same possession, by deed or lease, so long as the
nearest point of the parking area thereupon is within 300 feet walking
distance of the nearest entrance to the use served.
B. In Yards
Required off-street parking for single-family detached and attached
and townhouse dwell ings may be located in front, side, and rear
yards.
It may be 1 ocated forward of the actual buil ding 1 ine opposite a front
or corner side 1 of 1 ine the front of the dwell ing faces, only if the
parking is located entirely on a driveway.
Required off-street parking for other uses may be located in required
front, side, and rear yards in all districts subject to the
requirements for Parking Screening Strips in the Landscaping and
Screening Section herein.
-16 8-
No off-street parking for any non-singl e-family residential use is
permitted within any required yard abutting property in an RS
District. No parking for any non-residential use is permitted within
any required yard abutting property in any Residential District.
8. PARKING OF RECREATIONAL VEHICLES
A. In Residential Districts
A single recreational vehicle as defined herein per dwelling unit may
be parked or stored in a Residential District provided that:
1. it is at no time occupied for living or sleeping purposes
except as may be allowed by the City Council on a temporary basis
2. it: is not connected to natural gas, water, or sanitary sewer
service
3. it: is stored in its collapsed position if it is a vehicle of
the collapsible type not stored in a garage
4. it is parked or stored in a location determined by the
folI owing:
a. The vehicl a shall be parked in a garage, carport, or
covered parking space, where one is available on the
premises large enough to accommodate the vehicle
b . otherwise, the vehicle shall be parked in the driveway
to the rear of the actual building line of the principal
building that is opposite the street to which the driveway
has access where this is possible to do
c . otherwise, the vehicle shall he parked in the driveway
ahead of said building line but not encroaching upon any
public sidewalk
d. otherwise, where the dwelling unit does not have its
own driveway, the vehicle shall be parked in an open
off-street parking space.
B. In Other Districts
There shall be no restrictions on parking of recreational vehicles in
non-residential districts, other than those concerning outdoor storage.
-16 9-
9. PARKING OF COMMERCIAL VEHICLES
A. In Residential Districts
No commercial vehicle as defined herein may be parked or stored in a
Residential District other than in a completely enclosed garage except
for loading or unloading of household belongings between 6:00 AM and
midnight for the purpose of moving a personal residence or for
deliveries, repairs, construction, maintenance, or service calls.
B. In Business Districts
No commercial vehicle as defined herein may be parked or stored in a
Commercial or Office District other than in a completely enclosed garage
unless it its used in a business located on the same premises or is being
parked temporarily by a customer, supplier, contractor, or visitor or for
loading, unloading, moving, or construction, maintenance, or repair of
the premises.
10. HANDICAPPED PARKING
All uses providing over 25 parking spaces shall mark at least one space as
reserved for the handicapped. One space shall be so marked for the first 50
spaces and one additional space shall be marked for every 100 spaces
thereafter. All such spaces shall be as close as possible to a building
entrance accessible to the handicapped and shall offer barrier -free access
thereto. Such spaces shall have sufficient width to allow for wheelchair
access to a passenger car or passenger van parked therein.
11. BICYCLE PARKING
All uses providing over 25 spaces shall provide space and facilities for
bicycle parking.
C. OFF-STREET LOADING PROVISIONS
1. LOCATION OF LOADING SPACES
All required loading spaces shall be located:
a. on the same lot as the use to be served, except when collectively
provided as central loading facilities in conformance with the
requirements herein
b. 25 feet or more from the right-of-way 1 ines of the nearest point of
intersection of any streets
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c. outside of required front and side yards
d. in such a manner that no portion of a vehicle shall project into a
street.
2. SURFACING OF LOADING AREAS
All open off-street loading spaces and related vehicular access drives and
aisles shall be surfaced with a hard -surfaced all-weather pavement capable of
bearing a live load of 200 pounds per square foot.
3. COLLECTIVE PROVISION
Loading spaces required for individual lots may be collectively provided in
central facilities provided that all of the following requirements are met:
a. The number of spaces provided is not less than that required by the
total floor space for each category of use served.
b. Each lot served has direct access to the central facilities without
crossing streets at grade.
c . The central facil iti es are not more than 500 feet from any lot they
serve.
d. Any tunnel or ramp between the central facil ities and any lot served
is at least 7 feet wide and has a vertical clearance of at least 7 feet.
e. Written covenants and easements approved by the City and recorded with
the County provide for the retention, maintenance, and use of such
facilities.
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Table 10: Parking and Loading Dimensions
Parking Loading
Space Space
Minimum DEPTH in feet
Minimum WIDTH in feet
Minimum Vertical
CLEARANCE in feet
14imimum AISLE width in feet:
Angle of spaces: 0 degrees [c]
30 degrees
45 degrees
60 degrees
90 degrees
DRIVEWAY WIDTH [d] in feet:
Residential Districts:
Minimum 9
Maximum 20
All Other Districts:
Maximum 35
For For
Tractor- Other
Trailers Trucks [b]
18 [a] 60 25
9 14 10
7
14 14
13 - -
12 - -
13 - -
18 - -
24 - -
[a] Parallel parking spaces shall be 22 feet deep.
[b] Permitted for uses not normally serviced by tractor -trailers.
[c] Zero degree parking refers to parallel parking.
[d] Measured at outer edge of sidewalk. See also Chapter 21, Article III of
the McHenry Municipal Code.
-172-
Table 11 : Required Number of Off -Street Loading Spaces
Type of Use Bldg. Size in Sq. Ft. * No. of Spaces **
Offices '
Public Uses 10,000 - 100,000 1
Institutional Uses
Manufacturing '
Warehousing & Storage 5,000 - 40,000 1
Cartage & Express 40,001 - 100,000 2
Retail & Service 5,000 - 10,000 1
' 10,001 - 25,000 2
' 25,001 - 40,000 3
40,001 - 100,000 4
* Building size measured by Net Floor Area, as defined herein.
** One additional space shall be provided for every 100,000 square feet over
100,000 square feet, with fractional spaces rounded to the nearest integer.
No space shall at the same time fully or partially serve to meet the
requirement for both off-street parking and loading facilities.
Uses smaller than the smallest values given for each category, shall be
provided with other receiving facilities for motor vehicles judged adequate by
the City Council.
Requirements of this table shall not apply to C-4 Downtown Commercial District.
-17 3-
Table 12: Required Parkino Spaces for
Residentialand Lodging Uses
Minimum Number of Spaces Required
Per Dwelling or Lodging Unit
RESIDENTIAL [a]
Efficiency Units
1-Bedroom Units
All Other Units
LODGING [b] [d]
Hotel
Motel
Apartment Hotel
Boarding House
See also Table 13 for required spaces for other uses.
1 .5
2.0
2.33
Fractional spaces shall be rounded to the nearest integer.
Requirements of this table shall not apply to C-4 Downtown Commercial District.
[a] Includes single-family detached or attached, townhouses, apartments, and
mobile homes. Required spaces include .25 spaces per unit for visitor parking
but shall be increased by 1 space for each roomer or lodger. No more than 4
spaces shall be provided per dwelling unit.
[b] Plus 1 parking space per employee on largest shi ft.
[c] Plus spaces for restaurant, retail , and meeting rooms, if any, as
provided in Table 13.
[d] One space for each truck or business vehicle employed by an establishment
on the premises shall be provided in addition to the number of spaces
indicated in this table.
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Table 13: Required Parking Spaces
for on -Res ent a and Non-Lodg'ing Uses
Minimum Number of Spaces Required [a]
Per 1,000 Per Person
Per Square Feet Design
Employee [b] Floor Area Capacity [c]
SCHOOLS
Elementary --
Junior HighHigh School 1 -- .125 [d]
College or University 1 -- .25 [d]
Commercial 1 -- .25 [d]
RECREATIONAL
Indoor Theatre
Bowl i ng Al 1 ey
Per Lane
Restaurant/Bar
Arena or Stadium
Auditorium (non -school)
Skating Rink
Swimming Pool
Dance or Meeting Hall
Community Center
INSTITUTIONAL
Church
Public Utility & Service
Philanthropic & Charitable Inst.
Library, Museum, or Gallery
Nursing Home
Child Day Care Center
MEDICAL
Hospital
Clinic
Animal Hospital
AUTOMOTIVE
Auto Laundry
Service Station
Veh i cl a Sal es
[h]
-- 3 --
-- -- .25
-- -- 25
-- -- 25
-- -- .25
-- -- .25
-- -- .25
-- -- .25
-- 2.5 --
1
-- 2 --
1 -- -- [e]
-- 6.5 --
-- 2.5 --
1 -- -- [k]
--
-1 75-
OFFICE BUILDING
SHOPPING CENTER:
Under 400,000 Square Feet
400-600,000 Square Feet
Over 600,000 Square Feet
DEPARTMENT STORE
SUPERMARKET or
Food Store
BANK or Financial Institution
RESTAURANT
Carry Out Only
Drive In and Eat In
Eat In, No Drive In
TAVERN
MORTUARY
CONTRACTOR or
Construction Office
FURNITURE & APPLIANCE
Sales or Repair Store
OTHER RETAIL
and Personal Service
INDUSTRIAL
Cartage & Express Firms
Warehousing & Wholesaling
Radio or TV Station or Studio
Manufacturing, Research, Testing
Minimum Number of Spaces Required [a]
Per 1,000 Per Person
Per Square Feet Design
Employee [b] Floor Area Capacity [c]
-- 3.5 --
-- 4 --
-- 4.5 --
-- 5 --
-- 5 --
-- 5 --
.67 5 -- [g]
-- 16 --
-- 20 -- [g]
-- 20 --
-- 10 --
1 10
--
-- 4.5 -- [g]
1 .5 -- [j]
1 1 .5 -- [J]
Notes on Table 13
See also Table 12 for required spaces for residential and lodging uses.
Parking for uses not listed shall be as provided for the most similar listed
use.
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Requirements of this table do not apply to C-4 Downtown Commercial District.
Floor area shall be Net Floor Area, as defined herein.
All required space figures shall be prorated for each establishment.
Fractional spaces shall be rounded to nearest integer.
[a] One space for each truck or business vehicle employed by an establishment
on the premises shall be provided in addition to the number of spaces
specified in this table.
[b] Maximum number of full- and part-time employees on duty on the premises
at any one 'time.
[c] Per seat in main auditorium or meeting room or per person of design
capacity of the facility. Eighteen inches of seating space shall be
considered ,a seat for purposes of this requirement where individual seats
are not discernable.
[d] Design capacity in students
[e] Plus 1 space for every 2 beds
[f] Plus 1 space for every 4 beds
[g] Plus 5 stacking spaces per drive-in window
[h] 7 spaces per bowling lane
[i] Plus stacking spaces equal to 5 times the capacity of the car wash. The
capacity shall be calculated as the number of vehicles that can be
accommodated at any one time in any phase of the washing or waxing
process.
[j] Use employment standard or floor space standard, whichever is greater.
If employment is not known when plans are drawn, floor space standard may
be used. If upon occupancy the employment standard yields a greater
number of required spaces, the City Council may require the provision of
additional parking before granting a Certificate of Occupancy.
[k] Plus 2 spaces per service bay
[1 ] Employee spaces exclude employees resident on premises
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The next page is 195
VIII. LANDSCAPING & SCREENING
e PIIRPngr
The purpose of the requirements in this section is to provide for
appropriate landscaping and screening of parking and other outdoor areas
that will:
1. protect residential environments from effects of more intensive
adjacent uses
2. protect users of parking areas from excessive wind, glare, and
temperature extremes
3. reduce the adverse effects on
properties of noise, blowing dust
headlight glare
4. discourage unsafe access to and
parking areas
5. contribute to improved community
property val ues.
public streets and adjacent
and debris, and motor vehicle
circulation within off-street
appearance and maintenance of
B. TYPES OF LANDSCAPING AND SCREENING REQUIRED
1. RESIDENTIAL SCREENING
STRIP
(Adjacent to
Residentially Zoned
Property). landscaped
strip
including a solid
ence, wall, or
landscapescreen located along
the length of all
lot lines (excluding
the width of access ways)
that
abut an adjacent
tresidential ly-zoned
parcel on it parcel devoted
to a
more intensive
residential, office,
commercial, or industrial
land
use, whether or not an off-street
parking, loading, or refuse
area
is present.
2. PARKING SCREENING STRIP (On Perimeter of Parking Lot).
landscaped strip which may include a s-oTTa fence, waTT, or landscape
screen and which is located along the length of front and corner side
lot lines (excluding the width of access ways) in front or corner side
yards that accommodate parking areas.
3. PARKING ISLAND STRIP ( In Interior of Parkin Lot).
landscapelandscape3 strip in the interior of an off-street parking area.
4. SCREEN (Around Other Open Uses).
solid ence, wa erm, hedge,' or landscape screen of sufficient
height to conceal a use from view from the ground floor level on
adjoining properties and with a continuous opacity of 50 percent when
viewed horizontally from grade level to the top of the Screen starting
no later than 12 months after installation.
-195-
C. WHERE LANDSCAPING AND SCREENING ARE REQUIRED
Landscaping or screening shall be required as provided in Tables 14 and 16.
D. LANDSCAPE PLAN REQUIRED
For any use required to provide any screening strip or island strip, a
Landscape Plan shall be filed with an application for:
1. rezoning
2. Conditional Use Permit
3. any variance from landscaping or screening requirements
4. Planned Unit Development Preliminary or Final Plan approval
5. Preliminary or Final Plat approval as provided in the
Subdivision Control Ordinance
6. Building Permit or Certificate of Occupancy.
The City Council may waive or defer this requirement in any instance in
which the specific use of the premises, and therefore the specific
landscaping and screening requirements applicable, are not yet determined,
such as in the case of a rezoning for an industrial subdivision.
The Landscape Plan shall conform to the requirements of Table 2 in the
Filing Procedures section herein. No Plan shall be required for uses
required to provide only a Screen as provided in Table 14. The application
shall, however, describe the dimensions, materials, and location of the
Screen.
E. TYPES OF LANDSCAPING MATERIALS PERMITTED
Varieties of 1 iving landscape materials used shall be healthy, hardy, and
drought -resistant; be suitable for the climate and environmental influences
on the site, such as exposure to sun, wind, water, heat, automobile exhaust
fumes, and road salt; and be compatibil a with the slope of the site, with
existing vegetation to be preserved, and with utilities above or below
ground 1 evel . Where appropriate, landscape materials shall be protected
from damage from pedestrian or vehicular traffic by tree grates, pavers, or
other measures.
F. GROUND COVER IN LANDSCAPED STRIPS
Grass or other ground cover shall be planted over all landscaped strips
including berms;, except in areas planted in flowers, shrubs, or trees, so
as to present a finished appearance and reasonably complete coverage within
three months after planting. Non -living landscaping materials such as
sand, stone, rocks, or barks may be substituted for living cover over a
maximum of 30 percent of the landscaped area.
-1 96-
G. INSTALLATION PROCEDURES
All living landscaping materials shall be installed in conformance with the
most current procedures established by the American Association of
Nurserymen.
H. BERMING
For optimum screening effectiveness and improved landscape design, Parking
Screening Strips shall be bermed so as to largely conceal parked cars from
view of the street except where in the judgment of the City Council the
size, configuration, or existing or proposed topography of the lot makes
this infeasible or unnecessary or where erosion, drainage, or maintenance
problems might result. Berms where installed shall be a minimum of 2 feet
high at all points.
I. EXISTING TREES
The City Council may reduce the number of new trees required by Table 15 in
response to voluntary preservation by a developer of any existing trees on
the site as follows:
Trunk Diameter of
Existing Tree to
Be Preserved *
4 - 10 inches
11 - 20 inches
Over 20 inches
Reduction in Number
of New Trees
Required
1 tree
2 trees
4 trees
* Measured at 4 feet above grade level at base of tree
To ensure that existing trees are not damaged during development:
1. Protective physical barriers shall be maintained around such trees
that prevent the passage of heavy machinery under the drip line.
2. No equipment materials, fill, or debris shall be stored under the
drip line except as may be necessary for a reasonable time if no other
storage area is available.
J. MAINTENANCE OF LANDSCAPING
The owner, occupant, tenant, and the respective agent of each, if any,
shall be jointly and severally responsible for the maintenance, repair, and
replacement of all landscaping and screening so as to preserve at least the
same quantity and quality as initially approved.
-197 -
All living and non -living landscaping, including fences, walls, and
ornamental lighting, shall be maintained in a good condition at all times
so as to present a healthy, neat, and orderly appearance and shall be kept
free from refuse and debris. Any dead vegetation shall be promptly
replaced with heal thy 1 iving plantings.
K. CONDITIONAL USES
Because of their special characteristics, certain Conditional Uses may be
required to provide landscaping or screening that exceeds the requirements
of this section. Special screening requirements for surface mining
operations shall be as provided in the Surface Mining section of this
Ordinance.
L. CURBING
All Parking Island Strips and Parking Screening Strips shall be separated
on all sides from the parking surface by curbing.
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Table 14: Uses Requiring Landscaping or Screening
Parking Parking
Screening Island
Strip [a] Strip [a] Screen [a]
1. New uses providing:
Over 25 open off-street
parking spaces [b] X - -
Over 45 open off-street
parking spaces [b] X X -
2. Outdoor storage, where permitted - - X
3. Open service and refuse
disposal areas - - X
4. Electrical and mechanical
equipment such as transformers,
heat pumps, and air conditioners
installed in the open on the
ground but protruding above grade - - X
5. Any one or more open
off-street loading spaces [c] - - X
[a] See definition in paragraph B of this section.
[b] A minimum of 5 percent of the parking area in Industrial Districts and
10 percent in all other districts shall consist of landscaping. Any
landscaped strip required hereunder may be credited toward this
requirement. Open sales lots for motor vehicles shall not be considered as
parking spaces.
[c] A Screen for off-street loading shall be a minimum of 6 feet high.
See also Table 116 for Uses Requiring Residential Screening Strips
When a Residential Screening Strip (Table 1 6) and a portion of a Parking
Screening Strip are required in the same yard, only the Residential
Screening Strip shall be required in that yard.
Requirements of this table shall not apply to single-family detached
dwellings, single-family attached dwellings, or townhouse dwellings except
where parking or other listed uses are provided collectively for mul ti pl e
dwell ings.
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Table 15: Landscaped Strip Requirements
Residential
Parking
Parking
Screening
Screening
Isl and
Strip [a]
Strip
Strip
1. Minimum Strip
WIDTH in feet
5
5
5
2. Minimum Strip
AREA in square feet
-
-
100
3. HEIGHT of
Screening in feet: :
Minimum: [b] [g] 5 3.5 -
Maximum: [c] [g] 7 -
4. TREES:
a. Maximum Average
SPACING in Lineal
Feet of Strip [d] [e] 5o 50 -
b. Minimum NUM13ER
Per Strip [e]
5. Maximum Number of Parking
Spaces Between Strips - - 15
6. Minimum OPACITY [f] [g] 50% 50% -
See also Tables 114, 16, and 17 for additional requirements.
[a] In interior side or rear yards, Strip may be a uniformly painted solid
fence or wall in lieu of a landscape screen.
[b] At time of installation
[c] At any time
[d] Excluding width of access ways through the strip. Trees are not
required to be spaced uniformly at intervals indicated. Where a berm,
hedge, fence, wall, or combination thereof meets the requirements for
a Screening Strip in the judgment of the City Council , no trees shall
be required therein
[e] See also Table 17 for dimensional requirements for trees.
[f] Continuous opacity when viewed horizontally beginning at grade level
up to required minimum height starting no later than 12 months after
installation.
[g] Height, clearance, and opacity of Strips are also subject to
requirements on Vision Clearance Triangles in the Accessory Uses,
Yards, and Fences section herein.
-200-
Table 16: Uses Requiring Residential Screening Strips
Strip Required in Interior
Side and Rear Yards in:
Any RA or RM District
Any 0, C, or I Distict
Lots accommodating Non -
Residential Uses in Any
RS, RA, or RM District
When Such Yard Is
Adjacent to Residential Property in:*
Any RS District
Any RS, RA, or RM District
Any RS, RA, or RM District
* Applies also when yard is adjacent to an improved or unimproved alley
right -of --way that is adjacent to property in these districts.
See also Tables 14, 15, and 17 for additional requirements.
Table 17: Dimensions of Required Trees
Minimum TRUNK DIAMETER in inches [a] 2.5
Minimum HEIGHT in feet [b] 8
Minimum SPREAD OF CROWN in feet [c] 15
Requirements apply to trees required in item 4 of Table 15.
All dimensions apply at time of installation except where
indicated.
See also Tables 14, 15, and 16 for additional requirements.
[a] Measured 6 inches above grade.
[b] Also subject to the requirements concerning Vision
Clearance Triangles in the Accessory Uses, Yards, and
Fences section herein.
[c] At maturity.
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The next page is 220
IX. SIGNS
A. PURPOSE
The purpose of this section is to regulate commercial and noncommercial
signs and advertising displays designed to be visible outdoors in a manner
that without significantly restricting the content thereof:
1. recognizes the mass communications needs of both businesses and
other parties
2. protects property values and neighborhood character
3. creates a more attractive business climate
4. promotes pedestrian and traffic safety by reducing sign
distractions, obstructions, and other hazards.
B. GENERAL PROVISIONS
1. APPLICABILITY
No sign as defined herein shall hereafter be located, erected, moved,
reconstructed , extended , enlarged, converted, or structurally altered
except in conformance with the provisions of this section and after
issuance of a Sign Permit by the City, except as provided under Exempt
Signs and Exempt Changes to Signs herein.
2. EXEMPT SIGNS
The types of signs listed below, and any change thereto that does not
convert them into non-exempt signs, shall be exempt from:
a. the requirement for a Sign Permit; and
b. the Sign Standards provided in Table 18.
All other provisions herein shall apply to the following signs except as
otherwise provided herein:
a. Real Estate Signs
Real estate signs as defined herein that:
1. advertise 1 to 5 residential units or no more than 1 vacant
residential lot; and
2. do not exceed 5 square feet in area; and
3. are displayed a minimum of 5 feet from all lot lines; and
4. are removed one week after the consummation of the sale or
rental of all property to which the sign pertains.
No other real estate signs are exempt.
-220-
b. Governmental and lltil ity Signs
Informational signs or displays maintained by a government body
or public utility, including traffic or parking regulatory
devices, legal notices, warnings of hazards, and similar
displays.
c. Government -Mandated Signs
Street: address numerals and other signs or exterior displays
required to be maintained by government order or regulation,
provided that the content and size thereof does not exceed that
required by such order or regulation.
d. Name Plates
Name plate signs as defined herein no larger than 2 square feet
in area.
e. Non Profit Organization Displays
The flag, pennant, or insignia of any governmental unit or
religious, civic, educational , or philanthropic organization, or
temporary signs announcing events or campaigns of such
organizations.
f. Memorial s
Memorial signs and tablets.
9. No Trespassing or Dumping Signs
A maximum of 2 No -Trespassing, No -Dumping, No -Hunting signs or
the like per 1 of , each not larger than 2 square feet in area.
h. Seasonal Decorations
Decorations temporarily displayed in connection with a local
festivity approved by the City Council or a state or national
hol iday.
i . Garage Sale Signs
Garage or rummage sale signs not exceeding 2 square feet in area
displayed for no more than 4 consecutive days and no more than 4
days -in any 90-day period.
-221-
j . Window Signs
One or more temporary or permanent window signs that have an
aggregate area not greater than 50 percent of the total display
window area of a business premises.
k. Help lanted Signs
A singl a temporary sign of 5 square feet or less in the window
of an establishment offering employment on the premises.
1 . Election Campaign Signs
One election campaign sign per street frontage per lot that:
1. is not illuminated
2. is not displayed more than 2 days following the date of the
election to which it pertains.
M. Scoreboards
Scoreboards for athletic fields
n. Small Non -Illuminated Directional Signs
Non -illuminated directional signs not over 3 square feet in area
or 3 feet in height. Directional signs exceeding either
dimension and illuminated directional signs of any size are not
exempt.
3. EXEMPT CHANGES TO SIGNS
No Sign Permit shall be required for the following changes to exempt or
non-exempt signs, but such changes must conform to all applicable sign
regulations of this Ordinance:
a. A change in the copy on a sign designed for replaceable copy,
including painted or printed signs.
b. Painting, cleaning, repair, maintenance, or face replacement of
a sign not involving structural change and made necessary by
breakage or deterioration but not by a change in advertiser.
4. PROHIBITED SIGNS
The following signs and displays as defined herein are prohibited in all
zoning districts:
a. Flashing signs
-222-
b. Temporary signs, except as otherwise permitted by or exempted
from these regulations, but not to include public notice signs
required under this Ordinance
C. Projecting signs, except in the C-4 Downtown Commercial District
d. Roof signs
e. Signs on otherwise vacant land other than real estate signs,
construction signs, or outdoor advertising signs, as defined and
regulated herein
f. Signs on or within parked motor vehicles and designed to be
conspicuously visible for advertising or informational purposes
from outside the vehicle, other than trailer signs, lettering on
trucks or other commercial vehicles, transit advertising on
buses, and election campaign signs
g. All other signs not expressly permitted by this Ordinance.
5. CONDITIONAL USE SIGNS
The following are allowed only as Conditional Uses:
a. Outdoor advertising signs in C-5 and I Districts
b. Murals or signs painted on exterior walls
C. Search lights and beacon lights.
6. NONCONFORMING SIGNS
a. Temporary and Portable Signs
All non-exempt temporary signs and portable signs shall be
either removed or brought into full conformity with the
requirements of this Ordinance within 45 days of the adoption
thereof or of any amendment thereto.
b. Other Signs
All other non-exempt signs lawfully existing, or holding Sign
Permits issued, prior to the date of adoption of this Ordinance,
but which are not in conformance with these regulations, may be
continued as Nonconformities.
Poster panel s, painted boards, and copy on nonconforming
changeable copy signs may be changed, provided that there has
been no change in occupancy or use of the premises and that the
change does not create any further Nonconformity. No
nonconforming sign may otherwise be replaced with another
nonconforming sign.
Nonconforming signs shall be subject to all the requirements
governing the continuation of nonconforming structures as
provided in the regulations governing Nonconformities in this
Ordinance.
-223-
7. MAINTENANCE AND REPAIR REQUIRED
The appearance and safety of a sign shall be maintained at all times. The
sign shall be repainted as necessary to prevent rust, corrosion, rotting,
or other deterioration in the appearance or structural safety of the sign.
The source of illumination shall be kept in safe working order at all times.
8. ATTACHMENTS TO BE SECURED
All letters, figures, characters, and sign embellishments on a sign shall
be safely and securely attached to the sign structure.
9. SERVICE STATION SIGNS AND DISPLAYS
In addition to other signs and displays permitted herein, the following
displays are permitted as accessory to automobile service stations:
a. Oil Racks
Racks for the orderly display of cans of motor oil located on or
at the ends of each pump island.
b. Tire Racks
Up to 2 tire racks --each not more than 8 feet high, 6 feet long,
and E) feet deep and conforming to all yard requirements --to
display new tire casings
c . Product Displays and Portable Signs
Items for sale on the premises openly displayed within 20 feet
of the principal building but not within any required yard, as
well as under pump island canopies or between pumps within the
area of the pump island base.
Up to 2 portable signs within 20 feet of the principal building
advertising products for sale on the premises with a combined
sign area not greater than 30 square feet.
d. Pricing Signs
Free standing signs providing only pricing information that have
a sign area not greater than 12 square feet and that conform to
all other requirements for main free standing signs in
commercial areas in Table 18.
-224-
C. ADMINISTRATION
1_ PFRMTTR
a. Contents of Sign Permit Application
An appl ication for a Sign Permit shall be made upon forms
provided by the Zoning Administrator and shall include the
information provided for in Table 1 in the Filing Procedures
section of this Ordinance.
b. Issuance of Sign Permits
The Zoning Administrator shall issue a Sign Permit for any sign
for which a complete and accurate Sign Permit Application has
been filed when he or she has determined that the sign is in
compl dance with this and other applicable City ordinances.
C. Suspension, Revocation, and Denial
A Sign Permit shall become void if the sign authorized thereby
has not been completely installed within 6 months of the date
the Permit was issued.
The Zoning Administrator shall give written notice to the
applicant of denial of a Sign Permit Application together with
the reasons for the denial.
The Zoning Administrator may suspend or revoke, in writing to
the permitee, any Sign Permit issued on the basis of
misstatement of fact.
d. Removal of Unsafe, Abandoned, or Unlawful Signs
Any sign other than an outdoor advertising sign as defined
herein that no longer identifies a business, activity, event, or
service conducted or product, service, or entertainment sold on
the premises where the sign is located shall be considered
abandoned and shall be removed.
If upon inspection the Zoning Administrator finds that a sign is
abandoned, unsafe, or in any way not in compliance with City
ordinances, he or she shall issue a written order to the
permittee stating the nature of the violation and requiring the
repair, replacement, or removal of the sign within 14 days of
the date of the order.
-225-
If after 14 days of issuance an order has not been complied
with, or if a sign constitutes an immediate hazard to the public
safety, the Zoning Administrator may recommend to the City
Council that it authorize judicial process to cause the sign to
be removed or repaired pursuant to the provisions concerning
Unsafe Buildings of Chapter 24, Article 11, of the Illinois
Revised Statutes.
After any removal of a sign through judicial process, the Zoning
Administrator shall send a notice to the sign owner stating the
nature of the removal work performed and demanding payment of
the cost thereof plus 10 percent for inspection and
administration costs. If said amount is not paid within 30 days
of the notice, it shall become a 1 i en against the property of
the sign owner.
2. RELIEF
Petitions for relief from the sign regulations herein shall be heard and
decided by the City Council. Submission requirements shall be as
determined by the Council, and no public notice shall be required.
The Council shall grant such relief only by a vote of a majority of its
members and only if it finds that such relief:
a. will not be materially detrimental to the publ is wel fare or
injurious to other property in the vicinity; and
b. will not impair an adequate supply of 1 ight and air to adjacent
property, increase the danger of fire, endanger public safety,
or substantially impair property values in the neighborhood.
D. SIGN STANDARDS
All exempt and non-exempt signs shall conform to the following standards,
except as otherwise provided herein:
1. LOCATION AND PLACEMENT
a. Within Public Right -of -Way
No sign or associated light fixture shall be located within,
project into, or overhang a public right-of-way, such as a sign
upon a tree or util ity pole therein, except as otherwise
permitted herein.
-226-
b. Obstructions
c.
No sign may obstruct a fire escape, door, window, or other
entrance or exitway, nor any window surface required for
ventilation by any City code.
Traffic Hazards
No sign may by reason of location or location and size obstruct
the vision of drivers or obstruct or detract from the visibility
or effectiveness of any traffic signal or control device.
d . Proximity to Electric Wires
No metal sign shall be located within a vertical distance of 8
feet, or a horizontal distance of 4 feet, of electric wires or
conductors, even if such wires or conductors are insulated or
otherwise protected.
e. Clearance for Metal Electrical Signs
A minimum sign clearance of 1.5 feet shall be maintained for all
metal signs with electrical wiring.
f. Vision Clearance
Any sign located within the vision clearance triangle as defined
herein shall have a minimum sign clearance of 8 feet unless the
sign height is 2.5 feet or less.
2. ILLUMINATION
a.
Bare Bulb or Flame Illumination
Illumination by bare bulbs or flames is prohibited, except that
bare bulbs are permitted on changing signs or on theatre
marquees.
b. Projecting Light Fixtures
c.
Gooseneck reflectors or other arms projecting from the sign
mounted with lights to illuminate the sign are permitted on
freestanding and wall signs.
Constant Illumination
Sign illumination shall be constant in intensity and color.
-227-
d. Non -Glaring
e.
The 1-fight for any illuminated sign shall be shaded, shielded, or
directed so as not to cause glare in surrounding properties or
in public streets.
Traffic Hazards
No direct or reflected light from a light source for an
illuminated sign shall create a traffic hazard for operators of
motor vehicles.
3. SIGN DESIGN
a. Resemblance to Traffic Devices
No sign shall by reason of shape, color, content, or use of
lighting be similar in appearance to any traffic signal or
traffic sign in a way that may interfere with traffic movement
or safety.
b. Obscenity
No sign or display shall contain words or pictures of obscene,
indecent, or immoral character that offend the public morals and
decency of the City.
c . Permit: Number
The Sign Permit number shall be displayed in a conspicuous place
on every non-exempt sign.
4. CONSTRUCTION STANDARDS
a. Building and Electrical Codes Apply
Al 1 si gns shall conform to the Buildings and Bu it ding
Regulations Ordinance of the City, including the Electrical Code
adopted therein. Any required Building or Electrical Permits
shall be obtained at the same time as the Sign Permit.
Conductors for all illuminated signs shall be enclosed in rigid
conduit or other approved raceways and shall be controlled with
an external disconnect. All sign circuit conduit shall where
possible be concealed from public view.
-228-
b. Wind Pressure and Dead Load Requirements
All non-exempt signs shall be designed and constructed to
withstand a wind pressure of not 1 ess than 30 pounds per square
foot of surface area and to receive dead loads as required in
the City Buildings and Building Regulations Ordinance or other
City ordinances.
c . Structural Safety
All non-exempt signs shall be designed and constructed in a safe
manner and shall be free of any exposed extra bracing, angle
iron, guy wires, or cables.
d . Glass Requirements
Any glass used on a non-exempt sign shall be heavy safety glass
at least 1 /4 inch thick. All single pieces of glass over 3
square feet in area shall be wired glass.
e. Framework
All non-exempt signs shall be designed so that all framework for
the lateral support of the sign, other than supporting poles for
a free standing sign, shall be contained within or behind the
face of the sign, or within the building to which it is
attached, in such a manner as not to be visible to public view.
S. OTHER STANDARDS
All non-exempt signs shall conform to the appl icabl a standards in Tabl a 18.
-229-
Table 18: Standards for Non -Exempt Signs
Number
Maximum
Maximum
Permitted
Area in
Height
Other
Per
Lot
Sq. Ft. *
in Feet
Requirements
ALL USES
Directional Signs:
At Entrance or Exit
1
[b]
5
2.5
[13 ]
All Other Locations
1
10
3
[13]
Real Estate Signs
1
[a]
32
10
[14]
Construction Signs
1
[a]
32
10
[15]
Outdoor Advt. Signs
11
[a]
300
25
[16]
RESIDENTIAL USES
Apt Bldg Ident. Signs
1
5
--
--
Development Entrance Signs
1
[b]
32
6
151
INSTITUTIONAL USES
Special Event Signs
--
--
--
[6]
Other Signs
1
[a]
32
6
[7]
COMMERCIAL, OFFICE,
& INDUSTRIAL USES
WALL SIGNS
1
[d]
[c]
--
[8]
FREE STANnING SIGNS:
Office/Industrial Uses:
Main Sign
1
[a]
[4]
6
[4]
Park Entrance Signs
1
[b]
100
6
[9]
Di rectory Signs
1
[a]
--
--
[12]
Commercial Uses:
Main Sign
1
[a]
[3]
25
[11]
In C-4 District
1
[a]
[21 ]
25
[21 ]
Display Boards or
Changing Signs
1
[a]
[2]
--
[11]
In Shopping Centers:
Main Center Sign
1
200
25
[l0]
Directory Signs
1
--
--
[12]
OTHER SIGNS:
Canopy Signs
1
[d]
[17 ]
-- [17 ]
Under Canopy Signs
1
[d]
5
-- [18]
Menu Board Signs
1
[d]
32
-- [19]
Portable Signs
1
50
10 [20]
Projecting Signs
1
[d]
5
-- [22]
Please also see Exempt
Signs
for types
of signs
to which the standards in
Table 18 do not a ppl y .
-- Indicates no restriction
-230-
* Maximum area is per side of each sign.
[a] Maximum 1 sign per street frontage per lot. In shopping center, 1
sign per frontage per shopping center, not per lot.
[b] Per street or alley entrance or exit.
[c] 1.5 square feet cumulative area for all wall, under canopy, and
permanent window signs per foot of building frontage. For buildings
housing multiple businesses, wall sign area for each business shall be
determined by building frontage of individual business.
[d] Per street frontage per business establishment, not per lot.
El Permanent Window Signs: Both permanent and temporary window
signs together must not exceed 50 percent of area of display
windows. Total area of permanent window signs, under canopy signs,
and wall signs must not exceed maximum area for wall signs.
Permanent window signs may contain only business name and type,
logo, address, phone number, major product, and business hours.
[2] Display Boards or Changing Si ns: Total area of display board
or changing sign pus main sign s a not exceed maximum permitted
area for main free standing sign.
[3] Free Standing Commercial Signs: Maximum area is 0.5 square
foot per foot of lot frontage up to 200 feet plus .75 square feet
per foot of frontage over 200 feet up to a maximum of 200 square
feet.
[4] Main Free Standing Industrial & Office Signs: 0.5 square feet
of area per foot of lot frontage. Shall contain only building or
tenant names and location. May project 7 feet into required yard.
[5] Development Entrance Signs: Shall not be illuminated. Shall
contain name of development only.
[6 ] Institutional Special Event Signs: Displayed only on property
controlled y the institution and a maximum of 15 days before and 3
days after the event.
[7] Other Institutional Signs: Set back from street lines a
minimum o _oTapp1 icabl a required yard.
[8] Wall Signs: May locate on principal building walls facing
public: streets or off-street parking areas only. May project 1
foot into required yard. Internal illumination only permitted.
[9] Industrial or Office Park Entrance Sign: Minimum 5 feet from
lot 1 1nes.
-231-
[10] Shoppiinn�Center Main Sign: Shall be the only free-standing
sign in the shopping ter. May be located a minimum of 7 feet
from lot line. Centers with frontage on 2 streets may substitute 1
ground sign as defined herein on each frontage for single main pole
sign.
[11 ] May 1 ocate minimum 7 feet from 1 of 1 ine .
[12] Shop2ing Center, Office Park, or Industrial Park Directory
Sign: Must be part of main sign for comp ex.
[13] Directional Signs: May be located in any required yard.
[14] Real Estate Signs: Shall be located minimum 5 feet from lot
lines and be removed within 7 days of consummation of sale or
rental of all properties, lots, or dwelling units to which the sign
appl ies.
[15] Construction Signs: Non -illuminated. Shall be removed within
2 weeks of issuance of Certificate of Occupancy.
[16] Outdoor Advertising Signs: Allowed only as Conditional Uses
in C- —and I Districts. Shall be Principal Use only, conform to
yard requirements of district, and be located a minimum of 100 feet
from any other outdoor advertising sign and from any Residential
District. Any illumination shall be indirect.
[17 ] Canopy Signs: Mimimum sign clearance 8 feet. Maximum sign
area 2%3 o a' acof canopy on which sign is placed.
[18] Under Canopy Signs: Maximum width of 75 percent of
horizontal canopy projection. Area is counted in maximum wall sign
area. Minimum sign clearance 8 feet. Sign shall not project more
than '1 .5 feet bel ow canopy .
[19] Menu Board Signs: Shall be free standing or wall signs
located in side or rear yards only.
[20] Portable Signs: Including trailer signs. May be displayed
for a maximum of 45 days starting at least 180 days after
expiration of any permit for a portable sign on the same lot.
Shall be removed within 24 hours after permit expiration.
Placement on lot is subject to approval of Zoning Administrator to
avoid traffic hazards or other safety problems.
[21] Free Standing Sign in C-4 Downtown Commercial District:
Maximum area square feet per foot of lot frontage up to a
maximum of 32 square feet.
-2.32-
[221 Projecting Commercial Signs: Permitted in C-4 Downtown
ComnerMa istrict only. May project over public right-of-
way but shall project no more than 3 feet from vertical
building facade and shall not project above roof line.
Minimum sign clearance shall be 8 feet.
-233-
The next page is 250
X. ACCESSORY USES, YARDS, & FENCES
A. ACCESSORY USES AND STRUCTURES
1. COMPATIBILITY
Accessory uses and structures shall be compatible with the principal use of
the lot on which they are located and shall not be established prior to the
establishment of the principal use. The keeping, preparation, or culture
of poultry, pigeons, or livestock shall not be an accessory use.
Accessory uses may be located in court yards and required yards only as
provided in Tabl a 19.
3. STANDARDS
All accessory uses shall conform to the standards in Table 20.
4. WIND ENERGY CONVERSION SYSTEMS
Requirements for Wind Energy Conversion Systems shall be as provided in
Chapter 7, Article XI, of the City of McHenry Municipal Code.
5. DISH ANTENNAS (EARTH STATIONS)
Requirements for satellite dish antennas shall be as provided in Chapter 7,
Article X, of the City of McHenry Municipal Code.
6. OTHER TELEVISION OR RADIO TOWERS OR ANTENNAS
Other radio or television towers or antennas as accessory uses shall not
have an antenna height exceeding 55 feet, shall not be more than three feet
from the principal building, and shall not be so positioned as to be a
hazard to any utility line.
7. DECKS, PATIOS, AND PORCHES
Decks or patios that are enclosed by windows or screens and a permanent
roof shall be considered as accessory structures rather than as part of the
principal building. Such decks shall be subject to the requirements of
Tables 19 and 20.
-250-
No open porch shall cover more than 20 percent of the required front yard,
or of the actual front yard if it is smaller than the required front yard.
A nnr. Rllgt
No
more
than one enclosed dog run as
defined herein shall be permitted on
any
lot
in a Residential District.
The fence enclosing the run shall be
an
open
fence as defined herein a maximum
of 8 feet in height and 50 feet
in
total
1 ength on all sides and shall
be 1 ocated at 1 east 10 feet from all
lot
1 ines.
9. GARAGES, CARPORTS, AND PARKING
Garages, carports, and open parking spaces as accessory uses shall be
subject to applicable provisions under the Off -Street Parking and Loading
section of this Ordinance.
B. YARDS
1. OBSTRUCTIONS
Court yards and required yards may be obstructed by accessory uses or
building projections only as provided in Table 19.
2. YARDS USED FOR ONLY ONE STRUCTURE
The minimum yard space required for one building or structure shall not be
used as the required yard space for another adjoining building or structure.
3. REDUCTION IN 'LOT AREA
No lot shall be reduced in area so that the yards or other open spaces
shall be less than required by this Ordinance.
4. VACANT THROUGH LOTS
On a vacant through lot, either of the lot 1 ines abutting a street may be
established as the front lot line, except that where two or more through
lots are contiguous and a front lot line has been duly established by the
construction of a building on one 1 of , the same street lot line shall serve
as the front lot line of all such contiguous lots.
-251 -
S. CORNER SIDE YARDS ON LOTS OF RECORD
If a corner lot that is a lot of record as of the date of adoption of this
Ordinance has insufficient width to meet the requirement for the corner
side yard and still provide 30 feet of width for the building and the other
side yard, then the corner side yard may be reduced to not 1 ess than 30
percent of the lot width.
6. CONFORMITY TO EXISTING FRONT YARDS
The purpose of this provision is to protect view 1 ines in singl e-family
residential neighborhoods except where the view 1 ine from a home has been
voluntarily sacrificed by building with a setback that is greater than that
required in this or any applicable previous Ordinance.
In any RS Residential District, where one or more side lot 1 ines of a lot
abut one or more residential lots with a nonconforming front or corner side
yard, the minimum front and corner side yards on such lot shall be less
than the zoning district regulations require.
For such a lot that is an interior lot, the minimum front yard shall be the
mean average of the actual front yards established on the two abutting
residential lots on either side. If there is no structure on one of the
abutting lots, the front yard required by the zoning district shall be used
in lieu of the actual front yard for that lot to compute the average.
For such a lot that is a corner lot, the minimum front and corner side yard
shall be the actual front or corner side yard abutting each such yard on
the adjacent residential lot.
Where the actual front or corner side yards on the abutting lots are
conforming, the minimum front and corner side yards shall be as required in
the district regulations.
7. VISION CLEARANCE TRIANGLE
Within a triangular area located at the at -grade intersection of two
streets, a street and a railroad, or a street and a driveway special
restrictions apply.
The triangular area shall be formed by the right-of-way lines of the
streets or railroads between their intersection and points 30 feet from
their intersection along each line, or 10 feet from the intersection of a
street and a driveway, and by a straight line connecting these two points.
-252-
Within this triangle, no sol id fence as defined herein or any hedge, opaque
landscaping or screening, wall, or other solid obstruction, having a height
of over 2.5 feet, nor any open fence as defined herein with a height of
over 3.5 feet, shall be permitted.
Overhanging objects including tree branches shall be permitted within this
triangle only if' all parts thereof are higher than 8 feet above the level
of the railroad or the pavement of the street or driveway where the center
1 ines intersect. Signs shall be permitted only if the sign clearance is 8
feet or greater or the sign height is 2.5 feet or less.
C. FENCES
Requirements for fences shall be as provided in Chapter 7, Article VI I of
the City of McHenry Municipal Code.
-253-
Table 19:
Permitted
Obstructions
of Required Yards **
Projection or
All
Rear
Interior Corner
Court
Accessory Use
Yards
Yard
Side Yard Side Yard
Yard
Air conditioning
equipment shelters
-
x
x x
x
Arbors & trellises
x
-
- -
-
Awnings & canopies
projecting into 10% or
1 ess of yard depth
x
-
- -
-
Balconies, open
x
-
- -
-
Bay windows
x
-
- -
-
Chimneys
x
-
- -
-
Decks, open or enclosed
-
x
- -
-
Dish antennas *
-
x
- -
x
Dog runs, enclosed *
-
x
- -
-
Eaves, overhanging
x
-
- -
-
Fences *
x
-
- -
Flagpoles
x
-
- -
-
Garages or carports *
x
x
x -
-
Gardens, vegetable
-
x
x x
x
Greenhouses
-
x
x -
-
Gutters
x
-
- -
-
Hedges (See Fences *)
x
-
- -
-
Laundry drying equipment
-
x
x -
-
Lawn furniture
x
-
- -
-
Light standards, ornamental
x
-
- -
-
Loading, off-street, open *
-
x
x -
x
Parking, off-street, open *
x
-
- -
-
Patios, open
-
x
x -
-
Patios, enclosed *
-
x
- -
-
Porches/breezeways, open *
x
-
- -
-
Recreational equipment
-
x
x -
-
Sheds & storage buildings *
-
x
x -
-
Signs *
x
Stairways, open unroofed
x
-
- -
-
Steps
x
Swimming pools, private
-
x
- -
Television or radio
towers or antennas *
-
x
x x
-
Tennis courts, private
-
x
- -
-
Trees, shrubs, & fl owers
x
-
- -
-
Walls (See Fences *)
x
-
- -
-
Other accessory uses
-
x
- -
-
* See also separate regulations herein.
** Subject to requirements of Table 20 x = Permitted.
-254-
Tabl a 20: Standards for Accessory Structures
Maximum HEIGHT in Residential Districts:
In feet: 17
In stories: 1
Maximum COVERAGE of Required REAR YARD [a]: 35%
Minimum SETBACK from any LOT LINE in feet [b]: 3
Minimum SETBACK from Principal or Other
Accessory BUILDING in feet [c7: 10
Maximum NUMBER & SIZE of Residential Accessory Buildings [d] :
Maximum
Maximum Floor Area in
Number Square Feet
Detached Garage No maximum 700
All Other Accessory Buildings 1 300
Cumulative for All Accessory buildings 2 900
[a] Cumulative for all accessory structures in rear yard. Excludes areas
occupied by open patios and decks and swimming pools. Percentage of
coverage applies to area of actual rear yard when it is smaller than area
of required rear yard.
[b] Except fences, walls, landscape screens, berms, and hedges. Structures
are subject also to the yard requirements of Table 19, which may impose
greater setbacks from lot lines for certain structures.
[c] Except enclosed decks and patios and accessory uses that are structurally
a part of the principal building.
[d] On residential lots in any RS District.
-255-
The next page is 275
XI. PLANNED UNIT DEVELOPMENT
A. PURPOSE
The provisions of this section are intended for special situations in which:
a. adequate space, light, air, and other objectives of this
Ordinance relating to the publ i c heal th , safety , and wel fare can
be achieved without the literal application of the detailed
zoning and subdivision requirements otherwise applicable; and
b. special amenities and benefits to the community beyond those
required by this and other City ordinances can be achieved by
allowing more flexible design than is otherwise permitted by
City ,coning and subdivision regulations.
These objectives, can be achieved where a substantial area of land is
planned for development as an integrated unit and where its design is
subject to more detailed review and approval by the City than is normally
required.
The objective of Planned Unit Development (PUD) is therefore not simply to
allow exceptions to otherwise applicable regulations. It is instead to
encourage a higher level of design and amenity than it is possible to
achieve under the usual land development requirements.
It is therefore the intent of the City to suspend the application of
detailed zoning and subdivision standards as provided herein only where
such special amenity is achieved. In this way the City may grant the
creative developer a desirable flexibility and at the same time not only
protect but enhance the welfare of the residents and other users of a
development as well as the rest of the community.
B. QUALIFICATION FOR FILING AS A PUD
A Planned Unit Development may be developed in any district in which
Planned Unit Developments are allowed as Conditional Uses.
No development shall be filed as a Planned Unit Development unless it:
a. is at least 2 acres in size; and
h contains more than two detached buildings accommodating
principal uses; and
C. is initially under the same ownership or control.
A P1 anned Unit. Development may be residential, commercial, office,
industrial, or a combination thereof. Flexibility to suspend requirements
imposed elsewhere is not conferred upon the PUD applicant as a matter of
right but is in all cases subject to a finding by the City that the
objectives of these provisions will be served thereby.
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C. INCENTIVES FOR PLANNED UNIT DEVELOPMENTS
To further a superior level of design and amenity in new development, the
following incentives are offered in Planned Unit Developments:
1. VARIABLE DENSITY AND DIMENSIONAL ZONING STANDARDS
Standards for minimum lot area, lot width, building height, floor area
ratio, yard dimensions, off-street parking and loading, landscaping
and screening, fences, and signs may vary from those established
elsewhere in this ordinance.
The appl icabl a standard for minimum 1 of area per dwell ing unit may be
reduced a maximum of 25 percent.
2. MORE THAN ONE PRINCIPAL BUILDING PER LOT
In a Planned Unit Development more than one principal building may be
located on a lot.
3. VARIABLE SUBDIVISION DESIGN STANDARDS
Design standards for subdivisions and subdivision improvements such as
streets, blocks, sidewalks and parkways, and open space dedication,
may vary from those established in the City Subdivision Control
Ordinance.
D. REQUIREMENTS FOR PLANNED UNIT DEVELOPMENTS
1. SITE PLAN REVIEW
Whether or not a land subdivision
Plans for the development shall be
conformance with the provisions of
section of this Ordinance.
2. REQUIRED COMMON OPEN SPACE
is involved, Preliminary and Final
filed and approved by the City in
Table 2 in the Filing Procedures
A minimum of 20 percent of the net site area in residential use in
each phase shall be used for permanent common open space as defined
herein.
-2.76-
3. QUALITY CIF DESIGN
To be granted the flexibility permitted under these regulations, a
Planned Unit Development must evidence a level of design and amenity
exceeding that typical of conventional development.
Among the features that may evidence such amenity are:
a. amount: and quality of landscaping
b. amount., quality, and interconnectedness of common open space
C. provision of pedestrian or bicycle paths separated from streets
d. preservation of drainageways and other natural features
e. provision of common recreational facilities
f. encl osed , underground, depressed, or outstandingly landscaped
parking areas
g. varied building setbacks or other measures to reduce monotony in
design, and
h. other features as determined by the City Council.
4. UNDERGROUND UTILITIES
All utility lines within a Planned Unit Development are required to be
underground„ Appurtenances to utility systems that are effectively
screened may be permitted above ground if the City Council finds that
they will not be detrimental to the character of the development.
5. PHASING OF DEVELOPMENT
Land designated for future construction phases and other land not
intended for immediate improvement shall be landscaped or otherwise
maintained with a neat and orderly appearance as specified by the City
Counc it .
E. APPROVAL PROCESS
Prel iminary P1 ans and Fi nal Pl ans for Pl anned Unit Devel opments shal l be
approved only in conformance with the Approval Process provided in the
Filing Procedures section of this Ordinance and the Approval Criteria
provided in Tabl a 21 .
F. PUD REVIEW COMMITTEE
A PUD Review Committee is hereby authorized to review filings for Planned
Unit Devel opments.
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The membership of the Committee may include the Mayor, the City Attorney,
the Zoning Administrator, the Building Commissioner, the City Engineer, the
Superintendent of Public Works, the Fire Chief, the Chairman of the Board
of Appeals, the Chairman of the Plan Commission, the Chairman of the
Building and Zoning Committee of the City Council, and any others appointed
thereto by the Mayor with the advice and consent of the City Council. The
Committee may seek technical assistance from such other sources as it deems
necessary.
The Committee may advise and assist applicants for Planned Unit Development
approval in meeting City objectives but shall have no power to approve or
disapprove any filing or in any way restrict the applicant's right to seek
formal approval thereof from the City Council.
The Committee shall, within 30 days after completing its review of any
filing, submit to the Zoning Board the complete filing together with a
written report noting any deficiencies in compliance with the requirements
herein and any recommendations for improvement of the Planned Unit
Development to better reflect the objectives of these provisions. A copy
of the Committee's report shall also be sent to the applicant.
G. FINAL PLAN
1. FILING OF FINAL PLAN
Approval of a Prel iminary Plan for a Planned Unit Development shall
become void unless the applicant submits a Final Plan substantially in
conformance therewith and meeting the requirements of Table 2 in the
Filing Procedures section of this Ordinance within 12 months of the
date of approval of the Preliminary Plan, or within any extension
beyond this period granted by the City Council . The Final Plan may be
filed in phases, but the Plan required within this period shall
include no less than 25 percent of the land area included in the
Preliminary Plan.
The Final Plan may be filed simultaneously with the Preliminary Plan.
The approval process for a Final Plan shall he as provided under
Approval Process in the Filing Procedures section of this Ordinance.
2. RECORDING OF FINAL PLAN
The Final Plan as approved by
the
City Council
shall be filed with the
County Recorder of Deeds as
the
Final Plat
for the PUD. No permit
allowing the construction of
any
improvement
shall be issued before
the Final Plan is recorded.
The
applicant
shall pay all recording
costs.
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3. AMENDMENTS TO APPROVED PLAN
Approval of an amendment shall be required for:
a. any material change or addition made to:
1. an approved Preliminary Plan; or
2. an approved Final Plan, or for
b. a Final Plan that does not conform to the Preliminary Plan
approved by the City Council .
An applicant seeking approval of an amendment shall fil a an
application therefor with the Zoning Administrator. The application
shall describe the amendment sought and provide such other information
as the Zoning Board may require. It shall be accompanied by 25 copies
of the proposed amendment and a filing fee.
If the Zoning Board determines that the amendment sought is a
substantial change as defined herein, the Approval Process set forth
herein for Preliminary Plans and Final Plans shall be followed.
Otherwise, the Board shall, within 60 days of receiving the
application for amendment, file a written report with the City Council
including findings of fact and a recommendation for action on the
amendment.
A substantial change to a Planned Unit Development shall be any of the
following changes from the previously approved Plan:
1 . Any change in land use type or housing type
2. A change in the location of any structure, off-street parking or
1 oadi ing area, common open space area, or any area or
right-of-way to be conveyed to or reserved for a public body, by
more than 10 feet in any direction, or a change in the spacing
between any two structures by more than 10 percent
3. A change of more than 10 percent in any non-locational
quantitative tspecification of the previously approved Plan,
including:
a. any dimension of any lot, yard, structure, or pedestrian
or vehicular thoroughfare
b. any residential density
C. amount of common open space acreage
d. utility line capacity
e. amount of fl oor area of non-residential development
f. amount of land to be conveyed to or reserved for any
public body
g. size or capacity of any off-street parking or loading area
h. amount or dimensions of existing or proposed tree or
ground cover, landscaping, or screening
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4. Any other change that causes the development to fall short of
meeting the requirements of any applicable zoning district to
any greater degree than already provided on the previously
approved Plan.
The City Council shall approve, conditionally approve, or disapprove
the amendment. An amended Final Plan shall be recorded in accordance
with the provisions herein governing recording of a Final Plan.
4. REVOCATION OF APPROVAL OF FINAL PLAN
The City Council may revoke its approval of a Final Plan for a Planned
Unit Development or any phase thereof in any of the following
circumstances:
a. If construction does not begin within one year after approval of
the P"1 an.
b. If construction is not completed within the time specified in
the approved construction schedule or any extension thereof
granted by the City Council.
C. If applicable provisions of this Ordinance are not complied with.
In any such instance the City Council shall give the applicant 15 days
notice to appear before the Council to answer any charge of
non-compliance.
If the Council finds that the appl icant is not in compl iance, it may
revoke approval if the Planned Unit Development is not brought into
compliance within a period it specifies.
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Table 21 : Approval Criteria for Planned Unit Developments
In recommending approval or conditional approval of a Preliminary or Final
Plan for a Planned Unit Development (PUD), the Zoning Board shall transmit
to the City Council written findings of fact that the application meets all
of the criteria below, or will meet them when the Board's conditions are
complied with. The City Council shall not be bound by the recommendation
of the Zoning Board, but in granting approval or conditional approval, the
Council shall also find that all of the following criteria are met or will
be met when any conditions to which the approval is made subject are
complied with:
1. SUPERIOR DESIGN
The PUD represents a more creative approach to the unified planning of
development and incorporates a higher standard of integrated design and
amenity than Could be achieved under otherwise appl icabl a zoning district
and subdivision regulations, and that solely on this basis modifications to
the use and design standards established by such regulations are warranted.
2. MEETS PUD REQUIREMENTS
The PUD meets the requirements for Planned Unit Developments set forth in
this ordinance and that no modifications to the use and design standards
otherwise applicable are allowed other than those permitted herein.
3. CONSISTENT WITH CITY PLAN
The PUD is generally consistent with the objectives of the City
Comprehensive Plan as viewed in light of any changed conditions since the
adoption thereof.
4. PUBLIC WELFARE
The PUD will not be detrimental to the public health, safety, morals, or
general wel fare.
5. COMPATIBLE WITH ENVIRONS
Neither the PUD nor any portion thereof will be injurious to the use and
enjoyment of other properties in its vicinity, seriously impair property
values or environmental quality in the neighborhood, nor impede the orderly
development of surrounding property.
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6. NATURAL FEATURES
The design of the PUD is as consistent as practical with the preservation
of natural features of the site such as flood plains, wooded areas, natural
drainageways, or other areas of sensitive or valuable environmental
character.
7. CIRCULATION
Streets, sidewalks, pedestrian ways, bicycle paths, off-street parking, and
off-street loading as appropriate to the planned land uses are provided.
They are adequate in location, size, capacity, and design to ensure safe
and efficient circulation of automobiles, trucks, bicycles, pedestrians,
fire trucks, garbage trucks, and snow plows as appropriate without blocking
traffic, creating unnecessary pedestrian -vehicular confl ict, creating
unnecessary through traffic within the PUD, or unduly interfering with the
safety or capacity of adjacent streets.
8. OPEN SPACES AND LANDSCAPING
The quality and quantity of common open spaces and landscaping provided are
consistent with the higher standards of design and amenity required of a
PUD. The size, shape, and location of a substantial portion of total
common open space provided in residential areas render it useable for
recreation purposes.
Open space between all buildings is adequate to allow for light and air,
access by fire fighting equipment, and for privacy where walls have
windows, terraces, or adjacent patios. Open space along the perimeter of
the development is sufficient to protect existing and permitted future uses
of adjacent property from adverse effects from the development.
9. COVENANTS
Where individual parcels are to be later sold, adequate provision has been
made in the form of deed restrictions, homeowners or condominium
associations, or the like for:
a. the preservation and maintenance of any open spaces,
thoroughfares, utilities, water retention or detention areas,
and other common elements not to be dedicated to the City or
another public body
b. such control of the use and exterior design of individual
structures as is necessary for continuing conformance to the PUD
Plan, such provision to be binding on all future ownership.
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10. PUBLIC SERVICES
The land uses, intensities, and phasing of the PUD are consistent with the
anticipated ability of the City, the school districts, and other public
bodies to provide and economically support police and fire protection,
water supply, sewage disposal, schools, and other public facilities and
services without placing undue burden on existing residents and businesses.
II. PHASING
Each proposed development phase of the PUD can, together with any phases
that preceded it, exist as an independent unit that meets all of the
foregoing criteria and all other applicable regulations herein even if no
subsequent phase should ever be completed.
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The next page is 300
XII. PERFORMANCE STANDARDS
A PIIRP u
The requirements herein are intended to provide a basis for determining the
compatibility of land uses that may produce measurable adverse environmental
effects on their surroundings.
B. APPLICABILITY
The Performance Standards herein shall apply as follows:
Performance Standard For
1. Heavy Industrial Uses
2. Other Uses
3. (Unspecified)
C. NOISE
1. MAXIMUM SOUND LEVELS
Ap pl i e s To
Conditional Uses in I-1
Conditional Uses in All Districts Fxcept I-1
Permitted Uses in All Districts
Permitted Uses in All Districts
Conditional Uses in All Districts
No operation or activity shall cause or create noise above the sound
pressure levels in Tables 2.2 and 23 at the locations specified therein.
2. MEASUREMENT
A sound -level meter and associated octave band analyzer shall be employed
to measure the intensity and frequency of sound. The flat network slow
meter response of the sound level meter shall be used.
3. EXEMPTIO'NS
The following shall be exempt from noise performance standards:
a. Noises of construction or maintenance activities from 7 AM to 7 PM.
b. Noises of safety signals, warning devices, and emergency pressure
relief valves.
C. Transient noises of moving sources such as transportation vehicles.
d. Noises associated with snow plowing, street sweeping, and mosquito
abatement.
e. Church bells, chimes, and carillons.
f. Other noises not under the direct control of the property user.
-300-
Table 22: Permitted Sound Levels
Preferred Maximum Permitted Sound
Center Pressure Level in Decibels
Frequency at Boundaries of Nearest
in Hertz Residentially Zoned Lot
31 .5
75
63
74
125
69
250
64
500
58
1 , 0011
52
2,000
47
4,000
43
8,0011
40
Above figures for octave band analyzers calibrated with Preferred
Frequencies (American Standards Association S1.6-1960, Preferred
Frequencies for Acoustical Measurement)
Sound levels above shall be modified where applicable by the adjustments in
Tabl a 2.3.
Ta'bl a 23: Adjustments to Permitted Sound Level s
Adjustment
in narihalc
1. DURATION of noise in any one -hour
period (use one adjustment only):
a. under 12 minutes Add 5 dB
b. under 3 minutes Add 10 dB
c. under 1 /2 minute Add 15 dB
2. At boundaries of nearest Office or
COMMERCIAL zoned lot Add 5 d6
3. Noise is IMPULSIVE in
character (e.g., hammering) Subtract 5 dB
4. Noise is PERIODIC in character
(e.g., hum, screech) Subtract 5 dB
5. Noise may be heard between hours of
7 : 00 PM and 7 : 00 AM Subtract 5 dB
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D. VIBRATION
1 . MAXIMUM 'VIBRATION
Ground -transmitted vibration shall not exceed the maximum permitted
Particle Velocities in Table 24 at the locations specified therein.
2. MEASUREMENT
A seismograph or other three -component measuring system capable of
simultaneous measurement of vibration in three mutually perpendicular
directions shall be used to measure vibration.
Particle Velocity may be measured directly or computed by the
following formula:
PV=6.28xFxD
PV: Particle Velocity in inches per second
F: Vibration frequency in cycles per second
D: Single amplitude displacement of the
vibration in inches
The maximum Particle Velocity shall be the maximum vector sum of the
three mutually perpendicular components recorded simultaneously.
Table 24: Maximum Ground Transmitted Vibration
Use
Heavy Industrial
Other
Maximum Permitted Particle Velocity *
At Adjacent Lot Line
0.2
0.1
At Nearest Residentially
Zoned Lot Boundary **
0.02
0.02
* Where vibration is produced as discrete impulses (impact
vibrations) not exceeding 100 per minute, maximum permitted
velocities may be doubled.
** Between 7:00 AM and 7:00 PM, maximum permitted velocity at
residentially zoned lot boundaries shall be reduced 50 percent.
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G. TOXIC MATTER
1. MAXIMUM EMISSIONS
Release of any airborne toxic matter shall not exceed the permitted
standards in Table 28 at the locations specified therein.
Table 28: Permitted Emission of Toxic Matter
Maximum Fraction of
Use Threshold Limit Val ue*
Heavy Industrial
1 /30
Location Where
Appl i c a bl e
At district boundary
Other 1 /30 At 1 of 1 i nes
* Threshold Limit Value adopted by American Conference of
Government and Industrial Hygienists
2. MEASIJREM17NT
Measurement of toxic matter shall he at ground level or habitable
elevation and shall be the average of any 24-hour sampling period.
H. ODOR
1. MAXIMUM EMISSIONS
Odorous material released shall not exceed the Odor Threshol d
Concentration at the following locations:
Heavy Industrial Uses Other Uses
At Boundaries of Nearest Residentially Zoned Lot At Lot Lines
2. MEASUREMENT
Odor shall be measured by Odor Threshold Concentrations with the
American Society for Testing and Materials Method Ol 391 -57, Standard
Method for Measurement of Odor in Atmospheres (Dilution Method), or
its equival ent.
Odor shall be measured at ground level or habitable elevation.
-305-
2. MEASUREMENT
The emission rate in pounds per hour from any single stack shall be
determined by selecting the continuous four-hour period which will
result in the highest average emission rate.
3. CONTROL OF WIND EROSION
Emission of particulate matter from materials, products, or surfaces
subject to wind erosion shall be minimized by paving, oiling, wetting,
covering, landscaping, fencing, or other means.
This shall apply to vacant lots; unpaved roads; yards and storage
piles of bulk materials such as coal, sand, cinders, slag, and sulfur;
and similar sources of wi ndborne particulates.
Table 27: Adjustments to Particulates Standards
User should interpolate for values not listed.
Minus sign indicates value is to be subtracted from particulate standard.
1. HEIGHT OF EMISSION
Height of Emission
Above Grade in Feet
Adjustment in
Lbs. /Hour/Acre
2. VELOCITY OF EMISSION
Exit Velocity in
Feet Per Second
Adjustment in
Lbs. /Hour/Acre
50
-0.01
0
-
100
-0.06
20
-0.03
150
-0.1
40
-0.09
200
-0.16
60
-0.16
300
-0.3
80
-0.24
400
-0.5
100
-0.5
3. TEMPERATURE OF EMISSION
Temperature in
Degrees Fahrenheit
200
300
400
500
1 , 000
1 , 500
2,000
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Adjustment in
Lbs. /Hour/Acre
-0.001
-0.002
-0.003
-0.O1
-0.04
-0.1
I. FIRE AND EXPLOSION
1. OTHER REGULATIONS APPLICABLE
In addition to the requirements herein, all materials regulated in
this section shall be utilized, stored, manufactured, and handled in
accordance with the City Fire Protection Code in the Buildings and
Building Regulations Ordinance and the standards of the National Fire
Protection Association.
2. DETONABLIE MATERIALS
Detonable materials are all materials or products that decompose by
detonation, including, among other materials:
a. all primary explosives such as lead azide, lead styphnate,
fulminates, and tetracene
h. all high explosives such as TNT, RDX, HMX, PETN, and picric acid
C. propellants and components thereof such as dry nitrocellulose,
black powder, boron hydrides, and hydrazine and its derivatives
d. pyrotechnics and fireworks such as magnesium powder, potassium
chl orate, and potassium nitrate
e. blasting explosives such as dynamite and nitroglycerine
f. unstable organic compounds such as acetyl ides, tetrazol es, and
ozonides
g. strong unstable oxidizing agents such as perchloric acid,
perchl orates, and hydrogen peroxide in concentrations greater
than 35 percent
h. nuclear fuels, fissionable materials and products, and reactor
elements such as Uranium 235 and Plutonium 239.
The storage„ util ization, or manufacture of detonabl a material s shall
be permitted only as licensed by the City or as incidental to a
Principal Use subject to requirements of Table 29.
Table 29: Standards for Detonable Materials
Storage, Util ization
or Manufacture of
5 Lbs. or Less
Permitted Use
3. FLAMMABLE SOLID MATERIALS
Storage or Manufacture
Utilization of of Over
Over 5 Lbs. 5 Pounds
Conditional Use Prohibited
The util ization, storage, and manufacture of fl ammabl a sol id material s
are permitted subject to the following restrictions:
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Rat i rig
Incombustible to, Moderate Burning
Free to Active Burning to
Intense Burning
4. FLAMMABLE LIQUIDS AND GASES
Restrictions
None
Only in completely enclosed build-
ings with inimum 2-hour fire -
resistive construction that are
either:
1. protected with an automatic
fire extinguishing system, or
2. located at least 40 feet
from all lot lines.
The storage, utilization, and manufacture of flammable liquids or
gases that produces flammable or explosive vapors shall be limited to
the quantities specified in Table 30.
Table 30: Standards for Flammable Liquids and Gases
Open Cup Flash
Point in Degrees
Fahrenheit
Maximum Gallons
Above Ground
Heavy
Industrial Other
Under 100 62,000 3,000
100-1 39 1 00, 000 10,000
140 & Over 200,000 20,000
Below Ground
Heavy
Industrial Other
No Maximum 100,000
No Maximum 100,000
No Maximum 100,000
Storage of finished products in original sealed containers of 55
gallons or less is exempt from above standards.
Maximum cubic feet of flammable gases at standard temperature and
pressure shall be 30 times the gallonage figures above.
J. GLARE
No operation shall produce direct or indirect illumination greater than 0.5
footcandles in any Residential District.
K. HEAT
No heat from operations or processes shall be sensed at any lot line to the
extent of raising the temperature of air or materials more than five
degrees Fahrenheit.
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L. RADIOACTIVE RADIATION
No operation shall be permitted that causes any individual outside of the
lot lines to be exposed to any radiation exceeding the lowest concentration
permitted for the general population by federal and state laws and
regulations in effect as of the day of application for a Certificate of
Occupancy.
Radioactive materials shall be contained in a fireproof container at or
below ground level if they are stored, utilized, or manufactured in a
quantity exceeding 100,000 times the quantity listed in Section 3,
paragraph b, of the Radiation Installation Registration Law of the State of
Illinois or any amendment thereto.
M. ADMINISTRATION
The procedures herein are intended to enforce the Performance Standards
herein, to protect businesses from arbitrary enforcement, and to protect
the public from unnecessary enforcement costs.
1. NEW USES
An application for a Conditional Use Permit or a Building Permit for
an industrial use within the I-1 Industrial District shall include a
certification by a licensed engineer, licensed architect, or
scientific laboratory that the use involved in the application is able
to meet all applicable Performance Standards to the extent that this
can be judged based on the submitted building plans and other
information available prior to construction.
This certification shall be accompanied by copies of all data or
information supplied by the applicant and used as the basis of the
certification. The Zoning Administrator may refer the certification
and data to the City Engineer for review.
The Zoning Administrator may also require such certification for a
land use in any other zoning district when in his or her judgment the
use has potential to exceed any Performance Standard herein. Such
certification may include all Performance Standards or only individual
Standards specified by the Zoning Administrator.
2. EXISTING USES
In enforcing Performance Standards on existing uses, the Zoning
Administrator may issue a written Notice of Violation to an alleged
viol ator.
-308-
The Zoning Administrator shall , before issuing such Notice, make
technical determinations of violation when such determinations can be
made using equipment and trained personnel normally available to the
City or obtainable without extraordinary expense.
In other cases, however, technical complexity or extraordinary expense
may make it unreasonable for the City to maintain personnel or
equipment for making determinations of violation prior to issuing a
Notice of Violation. In such cases, a Notice of Violation may be
issued when the Zoning Administrator has other reason to believe there
is probable violation.
The Zoning Administrator shall give Notice of Violation by any means
that ensures a signed receipt for such notice to the party responsible
for the alleged violation.
The notice shall describe the alleged violation and the results of
technical determinations or the other reasons why the Zoning
Administrator believes there is a violation. The notice shall require
either an answer or correction of the alleged violation to the
satisfaction of the Zoning Administrator and within a time limit he or
she shall specify in the Notice.
The Notice shall also state that failure to provide an answer or
correct the alleged violation within this time limit shall constitute
admission of a violation.
The Notice shall further state that, if technical determinations have
not already been made, upon request of the alleged violator such
determinations will be made. If a violation is found as a result of
such determinations, the cost of the determinations will be assessed
against the properties or parties responsible in addition to any other
penalties provided for. If no violation is found, the City will pay
the cost of the determinations.
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The next page is 330
XIII. SURFACE MINING
A. GENERAL PROVISIONS
1. PURPOSE
The purpose of this section is to recognize that surface mining
operations in urban areas are land uses with unique environmental
effects calling for special regulatory controls to ensure that:
a. extraction and processing areas operate in a manner that is
compatible with the natural and man-made environment; and
b. adverse impacts on nearby residential and institutional areas
and on property values are minimized; and
C. mined areas are restored to productive use compatible with their
surroundings.
2. APPLICABILITY
Any surface extraction or processing of earth materials shall be
permitted only as a Conditional Use and only in those districts that
so provide. Earth materials shall incl ude topsoil , earth, clay,
gravels, sand, stone, and other minerals. Provisions of this
Ordinance applicable to Conditional Uses, such as a required publ is
hearing, shall apply to surface mining operations except as otherwise
provided herein.
3. EXEMPTIONS
Any operation legally begun prior to the date of adoption of this
Ordinance shall be exempt from all requirements of this section as
applicable 'to the property being mined as of that date. Except that
such operation shall not be exempt from:
a. meeting requirements herein concerning:
1. hours of operation
2. spillage
3. fencing, landscaping, and screening
4. safety
5. noise
6. maintenance of site; and
b, meeting all requirements herein
of the operation onto additional
date of adoption, and
-330-
on any expansion or enlargement
property not being mined on the
c. meeting such requirements on the original property as a
prerequisite to such expansion to the extent the City Council
shall judge practical.
4. MAXIMUM TERM OF CONDITIONAL USE PERMIT
No Conditional Use Permit for an extraction operation shall be issued
or renewed for a period to exceed ten years. All permits shall be
renewable.
5. CONTENTS OF CONDITIONAL USE APPLICATION
In addition to other requirements herein for Conditional Use
Applications, all applications for Conditional Use Permits for
extraction operations shall include the following:
a. A map or maps at a scale of 1 inch to 100 feet showing:
1. existing topography at 2-foot contour intervals
2. locations of existing watercourses and drainage systems
3. location and extent of flood hazard areas
4. boundaries of the area to be excavated and of each phase
thereof if excavation is to proceed in phases
5. locations of structures, equipment and materials storage
areas, equipment repair areas, and processing areas
6. locations of equipment used for grading, crushing, sorting
and other purposes
7. location, orientation, and dimensions of proposed
landscaping, berming, screening, fencing, and gates
8. location, dimensions, and surface treatment of proposed
entrance and exit drives, on -site haul roads, acceleration
or deceleration lanes, and parking areas
9. access routes between the property and the nearest
arterial street as designated on the City Comprehensive
Pl a n
10. location, width, and grade of all rights -of -way or
easements on or abutting the property
11. typical cross -sections showing extent of overburden,
extent of deposits of materials to be extracted, and water
table
12. north arrow, scale, date of preparation, and name of
registered civil engineer, landscape architect, or
surveyor that prepared the map.
b. Descriptions of:
1. Types of earth products to be mined
2. Character and composition of vegetation and wildlife on
land to he affected
-331-
3. Nature, depth, and proposed disposition of overburden
4. Estimated depth to which mining will occur
5. Techniques of extracting and processing to be used
6. Estimated type and volume of excavation
7. Equipment to he used
8. Practices to be used to minimize environmental effects
such as noise, dust, vibration, and pollution of air and
surface and underground water
9. Recycling of water used for washing and grading and
proposed usage or drainage of excess water
10. Proposed days and hours of excavation and processing
11. Estimated dates of beginning and completion of all
operations on the site.
C. A Reclamation Plan meeting the requirements herein
d. A bond meeting the requirements herein.
Upon written request of the applicant, application information
concerning items b(1) and b(4) shall be held confidential.
6. BOND
To ensure completion of the reclamation of the site, a bond in a type
and form approved by the City Attorney shall be required from the
operator in the amount of $2,500 per acre or such greater amount as
shall be establ ished by the City Council . Such bond shall be
sufficient to cover reclamation over a 3-year period. Prior to the
end of such period, the City Council shall review past work before
releasing or reducing the amount of the bond and shall establish the
bonding requirement for the next three years.
7. CONTENTS OF RECLAMATION PLAN
The Reclamation Plan required hereunder shall include a map at a scale
of 1 inch to 100 feet showing the final condition of the site after
extraction and processing activities have been completed conforming
with the provisions on Finished Site Conditions herein, including:
1. Locations of proposed watercourses, water features, and drainage
systems
2. Future structures, land uses, roadways, and open spaces
3. Staged schedule of reclamation actions by area detailing dates
of completion and reclamation methods and materials
4. Future 1 andscaping and ground cover
5. Final grading.
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8. COMPLIANCE WITH STATE AND FEDERAL REGULATIONS
In addition to the requirements herein, all operations shall comply
with the Illinois Surface -Mined Land Conservation and Reclamation Act,
the regulations of the Illinois and U.S. Environmental Protection
Agencies, and other applicable state and federal laws and regulations.
9. ABANDONMENT OR TERMINATION
A new Conditional Use Permit shall be required for any operation where
the operator has not demonstrated an intent to resume operations
during a period of 12 months after on -site extraction and processing
operations have ceased.
10. INSPECTION
The Zoning Administrator shall inspect each operation for compliance
with the provisions herein at least semi-annually.
11. STAGED RECLAMATION ACTION
Reclamation according to the Reclamation Plan shall be pursued and
completed in stages as excavation progresses.
B. STANDARDS FOR OPERATIONS
1. WATER TABLE
Maximum excavation depth shall not be below existing groundwater
except where the Reclamation Plan provides for a water feature or for
refilling of such excavation. Any such refill ing shall be in
conformance with applicable state and federal laws and regulations
governing ground water pollution.
No extraction operation shall permanently and harmfully lower the
water table of surrounding inhabited properties.
Water pumped from the site for washing shall be retained in a pond
until the silt and clay settles and then recycled in the area affected.
2. HOURS OF OPERATION
To reduce the harmful impact of noise on surrounding properties,
surface mining operations shall be conducted only during the hours
indicated below except during periods of public emergency in which
materials excavated at the site are needed.
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Operation of
Crushers
Washing of
Gravel
All Other Operations
including Loading b
Maintenance
3. SPILLAGE
Sundays or
Legal State or
National Hol idays
At no time
At no time
At no time
Al 1
Other
Times
6 AM to 6 PM
All hours
(electric pumps only)
5AMto8PM
Trucks haul ing excavated material shall be loaded or covered so as to
prevent spillage onto public streets. Any spillage on such streets
shall be removed by the operator at least once every 24 hours.
4. FENCING, LANDSCAPING, AND SCREENING
Notwithstanding other provisions of this Ordinance on screening,
because of the superior noise -attenuating properties of berms as
compared with fencing or plantings, a barrier consisting of a planted
earth berm with a minimum height of 10 feet and fencing with a minimum
fence height of 4.5 feet shall be installed prior to commencement of
operations:
a. along all lot lines, or, at the option of the operator
b. along such lot lines and phase area boundaries as are adjacent
to areas currently being excavated.
Such barrier shall be sufficient to:
a. Screen the operation from view from adjacent properties and
public: streets except where a significant change in topography
makes this impractical; and
h. Discourage trespass by the public, such as with the use of
barbed wire or thorny plantings; and
C. Attenuate noise coming from the site that can be heard on
surrounding properties for public streets, and
d. Serve as wind breaks to reduce airborne dust adjacent to the
site.
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I
The required berm shall be planted with ground cover over its entire
surface --except for portions planted in trees, shrubs, or flowers --no
later than the next growing season after its installation.
Where a lot line of a mining operation abuts the boundary of a
Residential District, the berm shall be a minimum of 50 feet from that
boundary.
Trees a minimum of 10 feet high at time of planting and spaced a
maximum of 25 feet apart shall be planted along the top of any berm or
portion thereof located within 500 feet of extraction activity.
Entrances and exits to the property shall be provided with gates that
shall be securely locked during hours of inoperation.
Existing trees and ground cover within the required yards shall be
preserved wherever possible.
Weeds shall be cut or trimmed as necessary to present a reasonably
neat appearance, to prevent seeding on adjoining property, and to
reduce the hazard of grass fires.
5. ENTRANCE'S
A maximum of one entrance and one exit onto public streets shall be
provided.
Where possible, the entrance and exit shall avoid routing of vehicles
used in the operation over streets primarily serving residential
areas. Where necessary in the judgment of the City Council, paved
acceleration and deceleration lanes at least 100 feet in length shall
be provided on either side of an entrance or exit.
To minimize airborne dust and the deposit of dirt and gravel on public
streets, a drive into the site of not less than 300 feet from the
street right: -of -way at each entrance or exit shall be either paved or
oiled or sprayed with calcium chloride or a similar product to create
a dust -free surface.
6. SAFETY
All operations shall be conducted in a safe manner so as to prevent
harm to the public and damage to adjacent properties or adjacent
public streets.
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7. STAGED REMOVAL OF OVERBURDEN
Overburden shall not be removed from more land than is to be mined
within one year. No overburden shall be removed from additional land
until ground cover in conformance with the Reclamation Plan is
installed on all land where excavation is complete and that is not
being used for material storage.
8. YARDS
Notwithstanding other provisions of this Ordinance, the following
minimum distances shall be observed for surface mining operations:
Minimum
Distance Measured From
Operation in Feet Operation To:
Crushing Below Grade 400 Boundary of any non -industrial
district or property line of any
school or hospital
All Other Crushing 750 Boundary of any non -industrial
district or property line of any
school or hospital
All Other Operations 100 Boundary of any non -industrial
district or property line of any
school or hospital
50 All other property lines
9. NOISE
Performance Standards for noise herein applicable to heavy industry
shall apply to all operations. Operations producing the highest noise
levels, such as crushing machines or haul roads for truck movement,
shall be located as far from lot lines as practical.
10. MAINTENANCE OF SITE
The site shall be maintained in a neat and orderly condition, free of
junk, trash, or unnecessary debris. Buildings shall be maintained in
good repair and appearance. Salvageable equipment stored in
non -operating condition shall be screened or enclosed.
-336-
C. FINISHED SITE: CONDITIONS
1. REMOVAL OF MATERIALS AFTER COMPLETION
Stockpiled materials and structures and equipment needed for removal
thereof shall be removed within 2 years after the completion of
production in any area. All other structures, except structures shown
on the Reclamation Plan and fences, shall be removed within 1 year
after the completion of production in the area, as shall stumps,
boulders, and other debris resulting from excavation and related
activities.
2. REPLACEMENT OF TOPSOIL
Areas not under water shall be covered with arable topsoil at least 6
inches deep or as deep as was present on the land prior to excavation,
whichever is less. Such topsoil shall contain at least 10 percent
organic material, or the percentage present prior to excavation,
whichever is less.
3. REPLACEMENT OF GROUND COVER
To avoid erosion, vegetative ground cover in conformance with the
Reclamation Plan shall be planted upon all areas on which toposoil has
been replaced.
4. GRADING AND DRAINAGE
After production is completed, sufficient drainage shall be provided
to avoid water pockets, undue erosion, and increased runoff onto or
erosion of surrounding properties or public streets. To the extent
possible, points of drainage and drainage volume off the site shall be
the same as they were before the operation began.
All open excavations shall be back -filled with earth or other suitable
fill material approved by the City Engineer to the grades indicated on
the Reclamation Plan. No pits with side slopes greater than 30
degrees shall remain on the site when finished unless such slopes are
under water.
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The next page is 355
XIV. CONDITIONAL USES
A_ PURPOSE
Certain uses cannot be allowable generally in a particular zoning district,
or in any zoning district, because of the impact their special character
creates on surrounding areas.
Some such uses may, however, be allowed under special conditions. These
uses are provided for in this Ordinance as Conditional Uses.
Because a Conditional Use is compatible with the applicable zoning district
only under special conditions, a Conditional Use Permit is required before
any use authorized herein as a Conditional Use may be established.
Except as specifically provided herein, all regulations of the applicable
zoning district, and all other applicable regulations of this and other
City ordinances, shall apply to Conditional Uses.
B. APPROVAL PROCESS
Conditional Uses shall be approved only in conformance with the Approval
Process provided in the Filing Procedures section of this Ordinance and the
Approval Criteria in Table 31.
C. EXISTING SPECIAL USES
Conditional Uses as provided herein shall be considered the same as Special
Uses provided under state statute. Lawful Special Uses granted to a
property prior to the effective date of this Ordinance shall be considered
lawful Conditional Uses without the need for approval of a Conditional Use
Permit hereunder•, whether or not such Special Use is authorized as a
Conditional Use in the applicable zoning district herein. Where such a Use
is a Permitted Use in the applicable district, Conditional Use status shall
not he applicable.
Any expansion of, addition to, or structural alteration of such a Use
shall , however, require the approval of a Conditional Use Permit.
D. REVIEW OF CONDITIONAL USES
In evaluating the suitability of a proposed Conditional Use, the Zoning
Board and City Council shall examine the following characteristics of the
proposed use and its individual structures or components:
1. Location and orientation
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2. Lot size
3. Size of facility, including floor area, structure height, design
capacity, and anticipated employment
4. Site design and arrangement
5. Provisions affecting on- and off -site pedestrian and traffic
movement, vehicle storage, and the passage of emergency vehicles
6. Appearance
7. Screening or landscaping
8. On- or off -site buffering from incompatible uses with open
spaces or transitional uses
9. Operations factors, such as hours of use or environmental
control s
10. Other characteristics of the proposed use pertinent in the
judgment of the Board or Council to an assessment of the impact
of the use on the area.
The Board or the Council may call upon technical experts or have
studies performed to determine specific development standards or
conditions for any particular Conditional Use with the expense thereof
to be paid by the applicant.
E. ISSUANCE OF PERMIT
The Zoning Administrator shall issue a Conditional Use Permit after
approval thereof by the City Council unless the City Council directs
otherwise. Such Permit shall specify any conditions, restrictions, and
time limits to which the Council has made its approval subject.
F. REVOCATION OF PERMIT
A Conditional Use Permit may be revoked by the City Council:
a. if any conditions or restrictions are not complied with within
the time limit specified on the Permit
b. if after they are initially complied with, compliance with such
conditions or restrictions is not maintained at any time
C. if the Conditional Use is not established, or a required
Building Permit is not obtained and building started, within one
year of the date the Permit is issued
d. if the Conditional Use shall cease for more than one year.
G. EXPANSION OR ALTERATION
Any expansion, enlargement, or structural alteration of a Conditional Use
shall require an additional Conditional Use Permit.
-356-
Table 31 : Approval Criteria for Conditional Uses
In recommending approval or conditional approval of a Conditional Use, the
Zoning Board shall transmit to the City Council written findings of fact
that on the basis of the characteristics cited under Review of Conditional
Uses herein, or changes to such characteristics that the Board recommends,
the proposed use will be compatible with existing uses in the area, and with
Permitted Uses in the zoning district, in the ways specified below. The
Council shall not be bound by the recommendation of the Zoning Board.
However, in granting approval or conditional approval, the City Council
shall find that the proposed use will be compatible with such uses in the
following ways:
1. Traffic
Any adverse impact of types or volumes of traffic flaw not otherwise
typical in the zoning district has been minimized.
2. Environmental Nuisance
Any adverse effects of noise, glare, odor, dust, waste disposal ,
blockage of light or air, or other adverse environmental effects of a
type or degree not characteristic of Permitted Uses in the zoning
district, 'have been appropriately controlled.
3. Neighborhood Character
The proposed use will fit harmoniously with the existing natural or
man-made character of its surroundings, and with Permitted Uses in the
zoning district. The use will not have undue deleterious effect on
the environmental quality, property values, or neighborhood character
already existing in the area or normally associated with Permitted
Uses in the district.
4. Public Services and Facilities
The proposed use will not require existing community facilities or
services to a degree disproportionate to that normally expected of
Permitted Uses in the district, nor generate disproportionate demand
for new services or facilities, in such a way as to place undue
burdens upon existing development in the area.
5. Public Safety and Health
The proposed use will not be detrimental to the safety or health of
the employees, patrons, or visitors associated with the use nor of the
general public in the vicinity.
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6. Other Factors
The proposed use is in harmony with any other elements of
compatibility pertinent in the judgment of the Council to the
particular Conditional Use or its particular location.
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The next page is 375
XV. VARIANCES
A_ PURPOSE
Because of special characteristics of particular properties in the City,
the literal application of the general provisions of this Ordinance may in
certain instances create hardships not intended by these regulations. The
City Council may accordingly grant variances from the literal application
of the provisions of this Ordinance based on findings of fact as provided
in this section.
B. APPROVAL PROCESS
Variances shall be approved only in conformance with the Approval Process
provided in the Filing Procedures section of this Ordinance and the
Approval Criteria in Table 32.
C. MINOR VARIANCES
The purpose of Minor Variance procedures is to reduce the time and expense
to homeowners of obtaining approval of simple variances that are likely to
have minimal adverse impact in residential neighborhoods.
The fee owner, contract purchaser, or option holder of a single-family
detached or attached dwelling or single-family detached or attached
building lot that wishes to request a variance for that dwell ing or lot may
apply under Minor Variance procedures.
Filing submissions shall be as determined on a case -by -case basis by the
Zoning Administrator and may be less than required for other variances in
Table 1 of the Filing Procedures section of this Ordinance. Other
procedures and requirements shall be as provided for variances in the
Filing Procedures section. Minor Variance procedures shall not apply to an
application involving more than one dwelling or more than one building lot.
D. EXISTING VARIATIONS
Variances as provided herein shall be considered the same as variations
provided under state statute. Lawful variations granted to a property
prior to the effective date of this Ordinance shall be considered lawful
variances without the need for approval of a variance hereunder. Except
that where such a variation is not needed under this Ordinance, variance
status shall not be applicable.
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Table 32: Approval Criteria for Variances
In recommending approval or conditional approval of a variance, the Board
of Appeals shall transmit to the City Council written findings of fact that
all of the conditions below apply to the application. The City Council
shall not be bound by the recommendation of the Board of Appeals. However,
in granting approval , the City Council shall similarly find that all of the
following conditions apply:
1. Special Circumstances Not Found Elsewhere
Special circumstances, fully described in the written findings, exist
that are peculiar to the property for which the variance is sought and
that do not apply generally to other properties in the same zoning
district. And these circumstances are not of so general or recurrent
a nature as to make it reasonably practical to provide a general
regulation to cover them.
2. Circumstances Relate to the Property Only
Since a variance will affect the character of its surroundings long
after a property changes hands, the special circumstances referenced
herein relate only to the physical character of the land or
building(s) for which a variance is sought, such as dimensions,
topography, or soil conditions. They do not concern any business or
activity the present or prospective owner or tenant carries on, or
seeks to carry on, therein, nor to the personal, business, or
financial circumstances of such owner or tenant or any other party
with interest in the property.
3. Not Resulting from Applicant Action
The special circumstances that are the basis for a variance have not
resulted from any act of the applicant or of any other party with
interest in the property.
4. Unnecessary Hardship
For reasons fully set forth in the written findings, the strict
application of the provisions of this Ordinance would result in
unnecessary and undue hardship upon the applicant, as distinguished
from mere inconvenience.
5. Preserves Rights Conferred by District
A variance is necessary for the applicant to preserve and enjoy a
substantial property right possessed by other properties in the same
zoning district and does not confer a special privilege ordinarily
denied to other properties in the district.
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6. Necessary for Use of Property
The grant of a variance is necessary not because it will increase the
applicant's economic return, although it may have this effect, but
because without a variance the applicant will be deprived of any
reasonable use or enjoyment of the property.
7. Not Alter Local Character
The granting of the variance will not alter the essential character of
the locality nor substantially impair environmental quality, property
values, or public safety or welfare in the vicinity.
8. Consistent With Ordinance and Plan
The granting of a variance will
and intent of this Ordinance
City, as viewed in light of
adoption.
9. Minimum Variance Recommended
be in harmony with the general purpose
and of the Comprehensive Plan of the
any changed conditions since their
The variance recommended by the Board of Appeals and approved by the
City Council is the minimum required to provide the applicant with
reasonable use and enjoyment of his property.
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The next page is 400
XVI. AMENDMENTS AND REZONINGS
A PIIRP(1cr
To adapt to changing development conditions and provide for the phased
implementation of the City Comprehensive Plan, the City Council may from
time to time amend the provisions of the text of this Ordinance, or the
Zoning District Map, as provided by Illinois Statutes.
B. APPROVAL PROCESS
Amendments shall be approved only in conformance with the Approval Process
provided in the Filing Procedures section of this Ordinance and the
Approval Criteria in Table 33.
C. PROTEST
A written protest may be filed with the City Clerk against a proposed
amendment that is signed by the owner or owners of at least 20 percent of
the frontage of:
a. the property to be affected by the proposed amendment; or
b. the property immediately adjacent thereto or across an alley
therefrom; or
C. the property having frontage directly opposite the frontage to
be affected by the proposed amendment.
If such a protest is filed, the proposed amendment shall not be
approved except by a vote of two-thirds of the aldermen currently
holding office.
The protestor shall serve a copy of the protest upon the applicant and
upon his or her attorney, if any, by certified mail.
D. AMENDMENT AFTER ORDINANCE ADOPTION
As provided by Illinois statute, no amendment to this Ordinance shall be
approved within six months of its adoption except by a two-thirds vote of
the City Council.
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Table 33: Approval Criteria for Zoning Amendments
In recommending approval or conditional approval of an amendment, the
Zoning Board shall transmit to the City Council written findings of fact
that all of the conditions below apply to the application. In granting
approval or conditional approval , the City Council shall similarly find
that all of the following conditions apply:
1. Compatible With Use or Zoning of Environs
The proposed use(s) or the uses permitted under the proposed
zoning classification are compatible with existing uses or
existing zoning of property in the environs.
2. Supported by Trend of Development
The trend of development in the general area since the original
zoning of the affected property was established supports the
proposed use or zoning classification.
3. Consistent With Comprehensive Plan Objectives
4.
The proposed use or zoning classification is in harmony with the
objectives of the Comprehensive Plan of the City as viewed in
light of any changed conditions since the adoption of the Plan.
Furthers Public Interest
The proposed use or zoning classification promotes the public
interest and not solely the interest of the applicant.
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The next page is 425
XVII. NONCONFORMITIES
A_ PURPOSE
The intent of this section is to provide for the continuation and, under
appropriate circumstances, elimination of existing uses of property that do
not conform to the requirements of this Ordinance or that may not conform
to future amendments thereto.
The provisions herein are designed to accomplish this intent in a way that:
1. recognizes the rights and interests of owners of individual
properties that have been rendered nonconforming by City action
to upgrade zoning policies and standards.
2. allows the property owner or lessee to recover his or her
investment in the nonconformity, while also recognizing that by
virtue of the nonconformity he or she enjoys a special right not
available to other property owners in the same zoning district.
3. minimizes the nuisance, reduction in neighboring property
values, and other adverse effects of properties that do not
conform to their environs
B. TYPES OF NONCONFORMITIES
A nonconformity is any characteristic of a building, structure, or lot or
parcel of land, or of the use thereof, which was lawful prior to the date
of enactment of this Ordinance or any amendment thereto but that does not
currently conform to the requirements applicable to the zoning district in
which it is located.
The lawful issuance of a Building Permit prior to the dates specified above
shall be considered to establ i sh the 1 awful ness of any buil ding or
structure.
There are three categories of nonconformities:
1. Activity Nonconformities
A property with an Activity Nonconformity is being used for a
purpose not allowed in its zoning district.
Activity Nonconformities are any activities or functions carried
on at a premises (as either a Principal or Accessory Use) that
are not allowed by the Permitted and Conditional Uses of the
zoning district in which the premises is situated, irrespective
of the use for which the premises was designed.
-425-
2.
3.
The use of a dwell ing now 1 ocated in a Residential District as
the site of a previously legal business is an example of an
Activity Nonconformity. The design of such a structure is
conforming, but its use is not.
The provisions herein recognize that Activity Nonconformities
can generally be eliminated more easily and at less cost than
other kinds of Nonconformities.
Design Nonconformities
A property with a
Design
Nonconformity
was designed for a
purpose not allowed
in its
zoning district.
Its present use may
or may not be for a
purpose
allowed in that
district.
A Design Nonconformity is the design or intended use of all or
substantially all of a premises for any Principal or Accessory
Use not allowed by the Permitted and Conditional Uses of the
zoning district in which it is located, irrespective of the
nature of the activities currently carried on at that premises.
A previously legal premises now located in a Residential
District that was designed and intended as an automobile service
station or an open sales lot, would be an example of a Design
Nonconformity, even if no service station or sales business were
currently operated on the premises. A store building in a
Residential District tpresently used as an elementary school
would be another example. In both cases the use or activity on
the premises is conforming but the design or appearance of the
premises is not.
The provisions herein recognize that Design Nonconformities are
more difficult and more costly to eliminate than Activity
Nonconformities.
Standards Nonconformities
Standards Nonconformities are all other nonconformities with the
requirements of this Ordinance, including nonconformities
involving:
a.
b.
C.
d.
e.
f.
9•
h.
yards
building height
lot area or lot area per dwelling unit
lot width
fl oor area ratio
off-street parking and loading
signs
landscaping and screening
-426-
An undeveloped lot not meeting the minimum width required by its
zoning district, or an otherwise conforming business with a sign
that does not meet a requirement of the sign regulations, would
be examples of Standards Nonconformities.
The provisions herein recognize
Nonconformities are difficult
other types can he eliminated
modest expense.
C. ELIMINATION OF NONCONFORMITIES
1. REPAIR AND RESTORATION
that certain types of Standards
and costly to el imi nate while
more easily and at relatively
Routine maintenance and minor repairs within any 12-month period
costing 33 percent or less of the value of the improvements on a
property with a Nonconformity may be performed without
elimination of any Nonconformity.
Reconstruction or repairs costing over 33 percent of the value
of the improvements on a property with a Nonconformity that is
damaged or destroyed may be performed so long as:
a. the new construction does not exhibit any greater degree
of nonconformity than existed before the damage or
destruction; and
b. existing Design or Standards Nonconformities conform to
the requirements on Partial Elimination of Nonconformities
in paragraph 9 herein, except that partial or complete
elimination shall not he required of any Nonconformity
with the requirements for minimum lot area or minimum lot
area per dwelling unit.
2. ADDITIONS, ENLARGEMENTS, AND ALTERATIONS TO STRUCTURES
A. Activity Nonconformity
No addition, enlargement, or structural alteration shall
be made to a structure on a property having an Activity
Nonconformity without the elimination of such
Nonconformity.
B. Design or Standards Nonconformity
No addition, enlargement, or structural alteration as
defined herein shall be made to any structure on a
property having a Design or Standards Nonconformity
without both:
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3.
4.
5.
1. The conformance of any new addition or enlargement
portion of the structure to all requirements of the
zoning district
2. The conformance of all Design or Standards
Nonconformities to the requirements on Partial
Elimination of Nonconformities in paragraph 9 herein.
EXPANSION WITHIN STRUCTURES
A. Activity Nonconformity
Any expansion within a structure on a property having an
Activity Nonconformity shall require elimination of the
Nonconformity.
B. Design Nonconformity
Expansion of activities within a structure on a property
having a Design Nonconformity is permitted if the
expansion involves no structural alteration as defined
herein. Any other expansion shall require elimination of
the Nonconformity.
C. Standards Nonconformity
Expansion within a structure on a property having a
Standards Nonconformity is permitted conditioned upon the
conformance of all Standards Nonconformities to the
requirements on Partial Elimination of Nonconformities in
paragraph 9 herein.
EXPANSION OF USE OF LAND
Expansion of the use of land having any Nonconformity, whether
involving a Principal or Accessory Use, is permitted beyond the
land area presently occupied only provided that the
Nonconformity is eliminated and no new Nonconformity is created.
MOVING OF STRUCTURES
No structure with any Nonconformity shall be moved in whole or
in part to any other location on the same or any other lot
unless in the new location it will conform to all regulations of
the applicable zoning district.
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6. CHANGE IN ACTIVITY
A. Activity Nonconformity
No activity creating an Activity Nonconformity shall be
changed to another activity that creates an Activity
Nonconformity.
B. Design or Standards Nonconformity
If a Design or Standards Nonconformity would continue
after a change in use or activity, or if further such
Nonconformity would be created, then such Nonconformity
shall conform to the requirements on Partial Elimination
of Nonconformities in paragraph 9 herein.
7. DISCONTINUANCE OF ACTIVITY
A. Activity Nonconformity
If an Activity Nonconformity is voluntarily and
intentionally discontinued, no subsequent use of the same
property shall resume or establish any such Nonconformity.
B. Design or Standards Nonconformity
If use of a property after discontinuation as provided
above would reinstate, continue, or create a Standards
Nonconformity, or a greater such Nonconformity than
existed previously, then such Nonconformity shall conform
to the requirements on Partial Elimination of
Nonconformities in paragraph 9 herein.
8. NONCONFORMING RESIDENTIAL LOTS OF RECORD
Any lot of record as of the effective date of this Ordinance
that is located in a Residential District , that has no
substantial structure upon it, and that has a Standards
Nonconformity, may be used for a single-family detached dwelling
without eliminating the Nonconformity.
9. PARTIAL ELIMINATION OF NONCONFORMITIES
Where specifically provided herein, Nonconformities shall be
reduced or eliminated to the extent the City Council determines
physically and economically feasible, particularly where this
can be done without relocation of sound major structures,
acquisition of additional land, or expenses disproportionate to
the cost of the expansion, enlargement, change or resumption of
activity, or other action taken.
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10. VALUE OF IMPROVEMENTS
For purposes of this section, the value of improvements on a
property shall be the most recent equalized assessed valuation
for property tax purposes divided by the assessment ratio of
assessed to true value.
D. CONDITIONAL OR INTERMITTENT USES
Conditional Uses approved by the City shall not be considered to have
Activity or Design Nonconformities but shall require an additional
Conditional Use Permit for any alteration, enlargement, or extension. The
casual , intermittent, or temporary use of land or structures shall not be
sufficient to establish the existence of a Nonconformity.
E. ADMINISTRATION
A Certificate of Occupancy shall be required for the continuation of all
Nonconformities created by this Ordinance or any amendment thereto.
When the City Zoning Administrator determines that a property has any
nonconformity, he or she shall notify the owner or lessee thereof of such
Nonconformity and of the regulations applicable thereto.
Such notice shall require that the recipient file with the Zoning
Administrator, within 90 days of the date thereof, either satisfactory
evidence that the property is not nonconforming or a completed application
for a Certificate of Occupancy to continue the Nonconformity.
Upon timely receipt of a complete and accurate application therefor, the
Zoning Administrator shall issue a Certificate of Occupancy for the
nonconforming property.
The Zoning Administrator shall maintain a file of all Nonconformities of
which he or she has sent notice and of all Nonconformities issued
Certificates of Occupancy.
-430-
Table 34: Summary of Nonconformity Regulations
Nonconformities That Must Be Eliminated
Action When Action Is Taken
Activity Design Standards
Nonconformities Nonconformities Nonconformities
C1.
Maintenance or Minor
None
None
None
Repair
Cl.
Rebuilding or Major
None
Some
Some
Repair
C2.
Addition or Enlargement
All
Some
Some
of Building
C3.
Expansion Within
All
None
Some
a Building
C4.
Expansion of Use of Land
All
All
All
C5.
Moving of Structure
All
All
All
C6.
Change of Activity
All
Some
Some
C7.
Resumption of Activity
After Discontinuation
All
Some
Some
C8.
Building Upon Nonconforming
Vacant Residential Lot
N/A
N/A
None
See regulations for detailed requirements.
Letter designations refer to paragraphs in text of regulations.
-431 -
The next page is 450
XVIII. ADMINISTRATION
A. PERMITS AND CERTIFICATES
1. BUILDING PERMIT
It shall be unlawful to commence the construction, alteration,
repair, removal , or demolition of any structure in the City
without obtaining a Building Permit from the City. The Building
Officer shall issue no Building Permit unless he or she has
determined that the plans for the property for which the Permit
is sought comply with all appl icable provisions of this
Ordinance and with other applicable codes and ordinances of the
City.
2. CERTIFICATE OF OCCUPANCY
It shall be unl awful to occupy or use any structure, 1 and,
water, or premises in the City, or change the occupancy or use
thereof, in whole or in part, without obtaining a Certificate of
Occupancy from the City.
The Zoning Administrator shall issue no Certificate of Occupancy
for a new or remodeled premises unless he or she has inspected
the premises after completion of all construction and certified
that the premises is in conformity with the plans on which the
Building Permit was based. He or she shall likewise issue no
Certificate of Occupancy for a change of occupancy without
certifying that the proposed occupancy will be in conformance
with all applicable regulations herein.
The following shall be exempt from the requirement for a
Certificate of Occupancy:
1. Land used for agricultural cultivation
2. Residential buildings in which there is a change of
occupancy that does not involve a change to a different
Permitted or Conditional Use.
A temporary Certificate of Occupancy for a period not to exceed
6 months may be issued, consistent with the safety of the
occupants, for occupancy or partial occupancy pending completion
of construction or alterations.
The Zoning Administrator shall either issue or deny a
Certificate of Occupancy within 20 days of application
therefor. The Administrator shall advise the applicant in
writing of the reasons for any denial.
-450-
B. VIOLATION, PENALTY, AND ENFORCEMENT
The Zoning Administrator is hereby designated and authorized to enforce
this Ordinance.
Any party that: violates any provision of this Ordinance shall, upon
conviction, be fined not less than $25 nor more than $500 for each
offense. Each day that a violation exists shall constitute a separate
offense.
C. PLAN COMMISSION
1. AUTHORITY
The Plan Commission of the City of McHenry is the Plan
Commission referred to in this Ordinance. The Commission shall
consist of no fewer than 6 nor more than 12 members.
The Plan Commission is hereby vested with the power and
responsibility to:
a. Prepare and recommend to the City Council a Comprehensive
Plan and any additional plans for the development and
redevelopment of the City and its extraterritorial
planning jurisdiction
b. File an Annual Report with the Mayor and City Council
setting forth its transactions and recommendations
C. Keep written minutes of its proceedings, which shall he a
public record
d . Adopt by-laws and any other procedural rules consistent
with this and other City ordinances and state statutes
e. Prepare and recommend to the City Council changes in any
City plan or part thereof
f. Prepare and recommened to the City Council proposals for
specific improvements to carry out City plans
g. Cooperate with county and regional planning commissions
and other groups to promote coordinated planning
h. Recommend to the City Council the employment of such
professional planning, legal, engineering, or
administrative assistance as is necessary to fulfill its
responsibilities.
-451-
i . Advise the Zoning Board of Appeals on plan provisions and
other planning factors related to the Board's review of
zoning petitions
j. Carry out any other function concerning land subdivision
or other matters that may be conferred upon it by the City
Subdivision Control Ordinance or any other City ordinance,
and discharge any other duties referred or assigned to it
by the City Council.
2. APPOINTMENTS
The Mayor shall, with the advice and consent of the City Council:
a. appoint all members
b. appoint one member to serve as Chairman and another member
to serve as Vice Chairman, who shall serve as Acting
Chairman in the Chairman's absence
C. appoint a new member to fill the unexpired term of any
member whose place has become vacant and appoint a new
Chairman should that office be vacated
d. have the power to remove any member for cause after a
publ is hearing.
All successors to the original members shall be appointed for a
term of five years.
3. MEETINGS
All meetings shall be held at the call of the Chairman and at
such other times as the Commission shall determine and shall be
open to the public. No meeting shall be conducted in the
absence of a quorum.
The Commission shall keep minutes of its proceedings. The
minutes shall show the vote, or absence or abstention, of every
member upon every official action, and shall be a public record
on file in the Office of the City Clerk.
4. COMPENSATION
Commission members shall be paid quarterly for each meeting
attended at the rate of $20 per meeting for the Chairman and $15
for all other members or at such other rates as the City Council
may hereafter establish.
-452-
D. ZONING BOARD OF APPEALS
1_ AUTHORITY
The Zoning Board of Appeal s of the City of McHenry is the Zoning
Board of Appeal s referred to in this Ordinance. The Board shall
consist of seven members.
The Board of Appeals is hereby vested with the power and
responsibility to:
a. Conduct hearings and make recommendations to the City
Council on all :
1. Amendments to this Ordinance, excepting adoption of
a new Ordinance
2. Conditional Uses, including Planned Unit Developments
3. Variances, including Minor Variances
b. Hear and make final determinations on all Appeals
C. Keep written minutes of its proceedings, which shall be a
public record
d . Adopt by-laws and any other procedural rules consistent
with this and other City ordinances and state statutes
e. Recommend to the City Council the employment of such
professional zoning, legal, engineering, or administrative
assistance as is necessary to fulfill its responsibilities
f. Hear all other matters referred to it by the City Council.
The concurring vote of four members of the Board of Appeals
shall be required to take action on all such matters. The
Zoning Board is al so empowered to initiate, direct, and review
studies of the provisions of this Ordinance and to make
recommendations to the City Council thereupon at least once a
year.
2. APPOINTMENTS
The Mayor shall, with the advice and consent of the City Council:
a. appoint all members
b. appoint one member to serve as Chairman and another to
serve as Vice Chairman to serve as Acting Chairman in the
absence of the Chairman
C. appoint a new member to fill the unexpired term of any
member whose place has become vacant and appoint a new
Chairman should that office be vacated
-453-
d, have the power to remove any member for cause after a
public hearing.
All successors to the original members shall be appointed for a
term of five years.
3. MEETINGS
All meeti ngs of the Board of Appeal s shal 1 be hel d at the cal 1
of the Chairman and at such other times as the Board may
determine and shall be open to the public except when an
executive session is authorized by law.
The minutes of all meetings shall show the vote, or absence or
abstention, of every member upon every official action. Al
decisions of the Board of Appeal s shall be a publ is record on
file in the Office of the City Clerk.
Any Board member absent during proceedings before the Board who
certifies that he or she has read the transcript or 1 istened to
a tape recording of said proceedings may vote on any question
heard during such proceedings.
4. COMPENSATION
Zoning Board members shall be paid quarterly for each meeting
attended at the rate of $25 per meeting for the Chairman and $20
for all other members or at such other rates as the City Council
may hereafter establish.
E. ZONING ADMINISTRATOR AND CITY CLERK
The Zoning Administrator of the City shall be charged with the enforcement
of this Ordinance. In discharging this responsibility, he or she shall:
1. issue Certificates of Occupancy, Conditional Use Permits,
Temporary Use Permits, Sign Permits, and other permits or
certificates provided for herein
2. conduct inspections of structures and uses to determine
compliance with this Ordinance
3. notify in writing any party bel ieved to be responsible for
violating a provision of this Ordinance and order action to
correct the violation
4. prepare and cause to be published on or before March 31 of each
year a Zoning District Map as amended through the preceding
December 31
-454-
5. attend all meetings of the Zoning Board
6. provide clerical or technical assistance to the Zoning Board of
Appeal s
7. request the assistance and cooperation of other City officials,
departments, boards, or commissions, or other agencies as
necessary in the discharge of his or her duties
8. procure such engineering, planning, or legal assistance from
technical experts outside the City government as may be
necessary to discharge his or her duties and as is authorized by
the City Council.
The City Clerk shall have the responsibility to:
1. receive and forward to the Board of Appeals all applications and
notices required by this Ordinance
2. maintain records of applications filed, public hearings held,
permits and certificates issued, inspections made, reports
rendered, and notices or orders issued under the provisions of
this Ordinance.
F. APPEALS
1. APPLICABILITY
Any party aggrieved by an administrative order, requirement,
decision, or determination made under this Ordinance by the
Zoning Administrator, Building Officer, or other authorized
administrative official, board, commission, or department of the
City other than the City Council may appeal to the Zoning Board
of Appeals.
2. NOTICE OF APPEAL
A Notice of Appeal shall be filed with the Zoning Administrator
within 45 days of the order or decision being appealed. The
Notice shall contain:
a. The name, address, and telephone number of the party
filing the appeal
b. The location of the property affected by the decision
being appealed
C. Identification of the provision of the Ordinance governing
the decision being appealed
d. A statement of the grounds on which the appeal is based
e. The reason given by the administrative official or body
for the decision
-455-
f. A brief summary of the factual evidence upon which the
appeal is based
g. A plot plan and verbal description of the use affected by
the decision being appealed.
3. STAY OF PROCEEDINGS
The fil ing of a Notice of Appeal shall stay all proceedings in
furtherance of the action appealed from unless the Zoning
Administrator certifies to the Board of Appeals that in his or
her judgment a stay would cause imminent peril to life or
property. In such case, no proceedings shall be stayed without
issuance of a restraining order by the Board of Appeals or a
court of record.
4. HEARING AND ACTION
Upon receipt, the Zoning Administrator shall forthwith transmit
the Notice of Appeal and the complete record of the decision to
the Zoning Board of Appeals. The Board of Appeal s shal 1 fi x a
reasonable time for a hearing on the appeal and give a minimum
of 10 days notice to the party filing the Notice.
After the hearing, the Board of Appeals shall take final action
on the appeal, whereby it may affirm, reverse, or modify the
action being appealed, subject only to judicial review in
accordance with applicable state statutes. To this end the
Board shall have all the powers of the party from which the
appeal was taken and may direct the issuance of a permit. A
majority vote of all its members shall be required for the Board
of Appeals to take any action.
5. APPROVAL CRITERIA FOR APPEALS
The Board shall reverse the order appealed only if it finds that
the action or decision appealed:
a. was arbitrary or capricious; or
b. was based on an erroneous finding of a material fact; or
C. constituted an abuse of discretion; or
d. was based on erroneous interpretation of the Zoning
Ordinance or zoning law.
-456-
The next page is 475
XIX. DEFINITIONS
For purposes of this Ordinance, certain terms are defined as indicated in
this section. These definitions and all other provisions of this Ordinance
are subject to the following rules of interpretation:
1. The present tense includes the past and future tenses and the
future tense the present.
2. The singular number includes the plural number and vice -versa.
3. The word "shall" is mandatory.
4. The masculine gender includes the feminine and neuter.
S. All measured quantities shall be to the nearest integral unit of
measure, and if a fraction is one-half or greater, the next
highest integral unit shall be used.
6. Any term not herein defined shall be as defined elsewhere in the
Municipal Code or, if not defined elsewhere in the Code, as
defined in Webster's New World Dictionary of the American
Language - Second College Edition.
ACCESSORY BUILDING:
ACCESSORY STRUCTURE:
ACCESSORY USE:
ADULT USE:
AGRICULTURE:
SEE BUILDING, ACCESSORY
SEE STRUCTURE, ACCESSORY
SEE USE, ACCESSORY
Any commercial or recreational establishment which
at all times excludes minors by virtue of age,
including adult bookstores, adult motion picture
theatres, adult mini -motion picture theatres, adult
drive-in theatres, adult massage parlors, adult
modeling studios, and eating and drinking places
with sexually -oriented entertainment.
The use of land for farming, dairying, pasturage,
apiculture, horticulture, floriculture, viticulture,
animal and poultry husbandry, and the necessary
accessory uses for packing, treating, and storing
the produce but not including the commercial feeding
-475-
AIRPORT:
ALLEY:
ALTERATION, STRUCTURAL:
ANIMAL HOSPITAL:
ANTENNA HEIGHT:
APARTMENT HOTEL:
AUTOMOBILE BODY SHOP:
AUTOMOBILE LAUNDRY:
of garbage or offal to swine or other animals;
provided that the operation of accessory uses shall
be secondary to that of normal agricul tural
activities.
Any publ is or private land area or other facil ity
designed for the landing and take -off of aircraft,
including all taxiways, hangars, airport buildings,
and other related structures and open spaces.
A public or private right-of-way not constituting a
street used primarily for secondary vehicular access
to property abutting on a street.
SEE STRUCTURAL ALTERATION
A building or portion thereof designed or used for
the care, observation, and radical treatment of
animals commonly used as household pets.
The height of an antenna measured from the ground
level at the lowest grade level within three feet of
any part of the antenna.
SEE HOTEL, APARTMENT
A business establishment where collision service
such as body, frame, or fender straightening or
repair, painting of more than 10 percent of the
surface, or upholstering for motor vehicles,
trailers, or boats is conducted wholly within one or
more enclosed buildings.
A permanent commercial facility where motor vehicles
are washed --by hand, by mechanical devices, or
both --excluding temporary car washes organized for
civic or charitable purposes.
AUTOMOBILE SERVICE STATION:
A facility or premises primarily used for retail
sale of fuels or oils for automobiles, trucks, or
boats and which may include as a secondary activity
retail sale of tires, batteries, and similar
accessories and the making of repairs to vehicles or
-476-
parts thereof that do not normally require storing
such vehicles on the premises overnight.
AUTOMOBILE REPAIR SHOP:
A premises primarily used for the commercial repair,
rebuilding, or reconditioning of motor vehicles,
boats, trailers, or parts thereof, wholly within
enclosed buildings, including repairs that normally
require vehicles being repaired to be stored on the
premises overnight. Automobile repair shops include
transmission shops, muffl er shops, brake shops,
rustproofing shops, auto glass shops, and the like.
AUTOMOBILE WRECKING YARD:
SEE WRECKING YARD
AWNING:
BANNER SIGN:
BEDROOM:
BILLBOARD:
BLOCK:
BOARDING HOUSE:
A roof -like cover projecting on a temporary or
non -continuous basis from the wall of a building.
SEE SIGN, BANNER
Any private room in a dwelling unit suitable for
regular use for sleeping purposes. Bedrooms include
rooms designated on development fl oor plans as dens,
studies, or libraries but exclude living rooms,
family rooms, dining rooms, kitchens, bathrooms,
laundry rooms, and mud rooms. Any room designated
as other than a bedroom but which in the judgment of
the City Council would normally be usable for
sleeping purposes shall be considered a bedroom.
SEE SIGN, OUTDOOR ADVERTISING
A tract of land, whether legally so described or
subdivided, bounded by streets or by a combination
of one or more streets and public parks, cemeteries,
rail road rights -of -way, bulkhead 1 ines or shore
lines of waterways, or corporate boundary lines.
SEE ROOMING HOUSE
-477-
BUILDING:
BUILDING, ACCESSORY:
Any structure permanently affixed to the land and
constructed or used for the shelter, enclosure, or
protection of persons, animals, or property.
A building that is an accessory use.
BUILDING, COMPLETELY ENCLOSED:
A building separated on all sides from the adjacent
open space or from other buildings or structures by
a permanent roof and by exterior walls having only
windows and normal entrance or exit doors, or by
party w al 1 s .
BUILDING, DETACHED:
BUILDING FRONTAGE:
BUILDING HEIGHT:
BUILDING LINE:
A principal building surrounded by open space.
The linear length of the front wall of a building,
excluding walls that abut loading areas and service
drives exclusively.
The vertical distance measured from the mean average
ground 1 evel at the front building 1 ine of a
principal or accessory building to the highest point
of the underside of the ceiling beams in the case of
a flat roof, to the deck line of a mansard roof, or
to the mean level of the underside of rafters
between the eaves and the ridge of a gable, hip, or
gambrel roof. Chimneys, spires, towers, elevator
penthouses, tanks, and similar projections other
than signs shall not be included in calculating
building height.
The line parallel or nearly parallel to a lot line
that separates all parts of a building from the open
space adjacent thereto on the same lot.
BUILDING, PRINCIPAL:
A non -accessory building in which is conducted the
principal use of the lot on which it is located.
BUILDING, RESIDENTIAL:
A building designed for residential occupancy.
BUILDING, TEMPORARY:
A building that is established for a period of less
than one year and is removed within that time period.
-478-
BUSINESS PARK:
BUSINESS SIGN:
CANOPY:
CAR WASH:
CHANGING SIGN:
CLINIC:
A special or exclusive type of planned business area
designed and equipped to accommodate a community of
manufacturing, showroom, warehousing, research, or
similar industrial uses together with substantial
office development related thereto.
SEE SIGN, BUSINESS
A roof -like structure that projects permanently and
continuously from the exterior wall of a building or
from a free standing support.
SEE AUTOMOBILE LAUNDRY
SEE SIGN, CHANGING
A place for the care, diagnosis, and treatment of
persons needing medical, dental, or surgical
attention but where in -patient care is not provided.
CLUB, HEALTH:
Any establishment providing physical culture or
health services, including health clubs, racquetball
or tennis clubs, reducing salons, tanning salons, or
massage salons.
CLUB OR LODGE, PRIVATE:
A non-profit association of persons who are bonafide
members paying dues which owns or leases premises
the use of which is restricted to members and their
guests.
COMMERCIAL VEHICLE:
COMMON OPEN SPACE:
COMPREHENSIVE PLAN:
SEE VEHICLE, COMMERCIAL
SEE OPEN SPACE, COMMON
The officially adopted
development, conservation,
City.
-479-
pl an for the physical
and redevel opment of the
CONDITIONAL PUBLIC USE:
SEE USE, CONDITIONAL PUBLIC
CONDITIONAL USE:
SEE USE, CONDITIONAL
CONDITIONAL USE PERMIT:
SEE PERMIT, CONDITIONAL USE
CORNER LOT:
CORNER SIDE LOT LINE:
CORNER SIDE YARD:
COURT:
COURT, INNER:
COURT, OUTER:
CREMATORIUM:
CURB LEVEL:
CURIE:
SEE LOT, CORNER
SEE LOT LINE, CORNER SIDE
SEE YARD, CORNER SIDE
Any open space other than a yard bounded on two or
more sides by the walls of one or more buildings.
A court bounded on more than three sides by the
walls of one or more buildings.
A court that is not an inner court.
SEE MORTUARY
The height of the established street curb abutting a
street line measured at the midpoint of such line.
Where no curb has been establ ished, the curb level
shall be considered to be the establ i shed level of
the surface of the street abutting the street 1 ine
measured along the street center line opposite the
midpoint of the street 1 ine. On lots abutting more
than one street line, the average of the
measurements at the midpoints of all street 1 ines
shall determine the curb level.
A unit of radioactivity equal to 3.7 multiplied by
10 to the loth power disintegrations per second.
aim
CURRENT PLAT OF' SURVEY:
SEE PLAT OF SURVEY, CURRENT
DAY CARE CENTER, CHILD:
A facility that receives more than eight children
during any 24-hour period for daytime care and that
provides personal care, protection, supervision,
training, and other programs. Child day care
centers exclude:
DECIBEL:
DENSITY:
DIRECTIONAL SIGN:
DISPLAY BOARD:
DOG KENNEL:
1 . kindergartens and other programs run by public
or private schools or churches
2. centers conducted on federal , state, or local
government premises
3. facilities operated in connection with a
shopping center or other facilities where
children are cared for while their parents or
custodians are in the vicinity and readily
available
4. special activities conducted periodically by
civic, charitable, and government
organizations.
A unit of measurement of the intensity or loudness
of sound.
The number of dwelling units per acre of land.
GROSS DENSITY refers to the number of units per acre
of the total land to be developed. NET DENSITY
refers to the number of units per acre of 1 and
devoted to residential use.
SEE SIGN, DIRECTIONAL
SEE SIGN, DISPLAY BOARD
SEE KENNEL
DOG RUN, ENCLOSED:
An outdoor area enclosed on all sides by a fence for
the exclusive purpose of continuous or occasional
confinement of one or more animals commonly kept as
household pets.
DOUBLE -FRONTAGE LOT:
DRIP LINE:
SEE LOT, DOUBLE -FRONTAGE
The perimeter formed by the points furthest away
from the trunk of a tree where precipitation falling
from the branches of that tree lands on the ground.
DRIVE-IN ESTABLISHMENT:
An establishment at which patrons may be served
without leaving their motor vehicle. Any
restaurant, bank, dry cleaning establishment, or
other business having drive -up or curb service
facil ities shall be considered a drive-in
establishment.
DRIVE-IN RESTAURANT:
DWELLING:
DWELLING, EFFICIENCY:
SEE RESTAURANT, DRIVE-IN
A building or portion thereof designed or used as a
residence, excluding boarding or lodging houses,
nursing homes, motels, hotels, tourist homes,
cabins, tents, and recreational vehicles.
SEE EFFICIENCY UNIT
DWELLING, MULTI -FAMILY:
A building consisting of three or more dwelling
units.
DWELLING, SINGLE-FA14ILY:
A residential building consisting of a single
dwelling unit.
DWELLING, SINGLE-FAMILY ATTACHED:
A single-family dwelling attached to one or more
other single-family dwellings by one or more common
vertical walls with each dwelling located on a
separate lot.
DWELLING, SINGLE-FAMILY DETACHED:
A singl e-family dwell ing separated from other
dwelling units by open space.
DWELLING, TWO-FAMILY:
A building consisting of two dwelling units.
-482-
DWELLING, TOWNHOUSE:
DWELLING UNIT:
EASEMENT:
A dwelling unit that is attached to one or more
other dwelling units on the same lot and that has an
individual private ground-1 evel entrance to the
outside and no portion of which is located above any
other unit or portion thereof.
Space within a building designed or used exclusively
as 1 iving quarters for one family, its household
employees, and not more than two boarders or
roomers, and which includes cooking, bathing, and
toilet facilities.
A right possessed by one party to use the land or
air above the land belonging to another party for a
special purpose or purposes.
EDUCATIONAL INSTITUTION:
SEE INSTITUTION, EDUCATIONAL
EFFICIENCY UNIT:
EMBELLISHMENT:
ERECT:
FACING:
FAMILY:
FENCE HEIGHT:
A dwelling unit consisting of just one principal
room together with bathroom, kitchen, hallways,
closets, and/or dining alcove, and which does not
include a bedroom as defined herein.
SEE SIGN EMBELLISHMENT
To build, construct,
place, suspend, or
painting of all signs.
SEE SIGN FACING
locate, hang, attach, manually
affix, including the initial
Any number of persons related by blood, adoption, or
marriage, or up to three persons not so related,
living together in one dwelling unit as a single
household, together with up to 2 household employees
but excluding more than two roomers, boarders, or
permanent paying or non-paying guests.
The height of a fence, hedge, or wall measured from
the ground level at the lowest grade level within
three feet of either side thereof.
-483-
FENCE, OPEN:
FENCE, ORNAMENTAL:
FENCE, SOLID:
FIREPROOF CONTAINER:
FLASHING SIGN:
FLOOD FRINGE:
FLOOD PLAIN:
FLOODWAY:
FLOOR AREA:
A fence, including entrance and exit gates, designed
and constructed so that the surface area of any
segment of such fence contains at least 70 percent
open spaces and 30 percent or less solid materials.
An open fence other than a chain link fence that is
erected for decorative purposes only and is not
intended to be used, either by itself or together
with wire or other material, as an enclosure,
barrier, or means of protection or confinement.
A fence that is not an open fence.
An enclosure designed to prevent the release of
radioactive materials that is made of steel or
concrete or similar materials but not of lead or
other low melting metals or alloys unless completely
encased in steel or concrete.
SEE SIGN, FLASHING
That portion of a flood plain that excludes the
fl oodway.
The land consisting of the fl oodway and the flood
fringe that is subject to inundation by a 100-year
fl ood .
That portion of the flood plain, including the
channel, that is reasonably required to discharge
the bulk of the waters from a 100-year fl ood.
The sum of the gross horizontal area of space
contained on all floors measured in square feet from
the exterior faces of the exterior walls of each
building, or from the center 1 ine of party walls
separating two buildings.
Floor area includes space in accessory buildings;
all cellar, basement, and attic space; and space for
-484-
FLOOR AREA, GROSS:
stairs, elevators, maintenance areas, and equipment
areas except as provided in the definitions herein
of FLOOR AREA, GROSS and FLOOR AREA, NET. For
structures devoted to bulk storage of materials,
every 10 feet of building height shall be considered
as one floor for purposes of calculating floor area.
A measure of fl oor area, as defined herein, used for
purposes of calculating floor area ratio,
conversions of existing structures, and maximum size
of business establishments. Gross fl oor area is
floor area excluding only:
1. areas devoted to off-street parking or
off-street loading, including aisles, ramps,
and maneuvering space
2. attic or half -story space having headroom of 7
feet or less
3. exterior balconies and open porches
4. space on the roof used for mechanical equipment
5. basements where half or more of the ceiling
height is below grade
FLOOR AREA, NET:
A measure of floor area as defined herein used for
purposes of calculating off-street parking and
off-street loading requirements. Net fl oor area is
floor area excluding only:
1. areas devoted to off-street parking or
off-street loading, including aisles, ramps,
and maneuvering space
2. areas devoted primarily to storage and not
located within selling or working spaces,
except for facilities such as warehouses where
the principal use is storage
3. basement or cellar areas not devoted to
retailing activities, offices, or production
or processing of goods
4. elevator shafts and stairwells
5. maintenance shafts and rooms
6. washrooms
7. display windows
8. fitting rooms.
For ease in administration, Net Floor Area may also
be calculated as 85 percent of Gross Floor Area.
-485-
FLOOR AREA RATIO:
FREE-STANDING SIGN:
FREQUENCY:
FRONTAGE:
FRONTAGE, BUILDING:
FRONT LOT LINE:
FRONT SETBACK:
FRONT WALL:
FUNERAL HOME:
GAME ROOM:
GARAGE:
The total floor area, as defined herein, of all
buildings on a lot divided by the area of the lot.
SEE SIGN, FREE-STANDING
The number of oscillations per second in a sound
wave, a measure of the pitch of the resulting sound.
The 1 ength of any street 1 i ne.
SEE BUILDING FRONTAGE
SEE LOT LINE, FRONT
SEE YARD, FRONT
SEE WALL, FRONT
SEE MORTUARY
Any premises where there are available to the public
more than 4 coin -operated amusement devices,
excluding vending machines that do not incorporate
gaming or amusement features and excluding
coin -operated musical devices.
A structure or part thereof used or designed to be
used primarily for the enclosed parking or storage
of motor vehicles, boats, or trailers, but excluding
exhibition areas, showrooms, or other facilities for
display of such vehicles in shows or exhibits or in
connection with their being offered for sale, rent,
or lease.
GARAGE, PUBLIC:
Any building or premise, other than a wrecking yard
as defined herein, where more than one motor vehicle
is stored for compensation.
GARAGE, STORAGE:
GRADE:
A building or premises used only for the housing of
motor vehicles pursuant to previous arrangements and
not by transients, and where no equipment or parts
are sold and vehicles are not rebuilt, serviced,
repaired, hired, or sold, except that fuel, grease,
or oil may be dispensed within the building to
vehicles stored therein.
The average level of the finished surface of the
ground adjacent to the exterior walls of a building,
or directly beneath a sign, more than five feet from
a street line. For structures closer than five feet
to a street line, the grade is the sidewalk
elevation at the center of the building. Where
there is no sidewalk, the grade shall be established
by the City Engineer.
GROSS LEASABLE AREA (GLA):
The total floor area in a commercial building or
shopping center that is designed for the occupancy
and exclusive use of tenants, measured from outside
wall faces and from the centerline of joint
partitions. GLA includes sales areas and integral
stock areas but excludes public or common areas such
as public toilets, corridors, stairwells, elevators,
machine and equipment rooms, lobbies, and open and
enclosed mall areas.
GROUND -FLOOR AREA:
GROUP HOME:
HALF STORY:
HEDGE:
The lot area covered by a building measured from the
exterior faces of exterior walls but excluding open
porches, patios, or terraces, garages, or carports.
A halfway house or similar non -hospital residential
facility housing more than three persons not related
by blood, marriage, or adoption to the owner who
need psychological rehabilitation and who are
provided 24-hour professional supervision while on
the premises.
SEE STORY, HALF
Planted vegetation, including trees, shrubs, or
other natural vegetation, that is planted in close
proximity or clustered together and that has a
surface area that obstructs the view.
-487-
HEIGHT, BUILDING:
HEIGHT, FENCE:
HEIGHT, SIGN:
HOME OCCUPATION:
HOSPITAL:
HOTEL:
SEE BUILDING HEIGHT
SEE FENCE HEIGHT
SEE SIGN HEIGHT
A gainful pursuit conducted by one or more members
of a family within their place of residence and that
is subject to the provisions herein concerning home
occupations.
An establishment that provides accommodations,
facilities, and services over a continuous period of
24 hours or more for observation, diagnosis, and
care, of two or more individuals not related by
blood, marriage, or adoption to the operator, who
are suffering from illness, injury, deformity, or
abnormality, or from any condition requiring
obstetrical, medical, or surgical services.
A building containing lodging rooms, a general
kitchen and dining room, a common entrance lobby,
halls and stairways; and where each lodging room
does not have a doorway opening directly to the
outdoors except for emergencies; and where more than
50 percent of the lodging rooms are for rent to
transient guests for a continuous period of less
than 30 days.
HOTEL, APARTMENT:
An establishment having the character of a hotel but
in which at least 50 percent of the accommodations
are for occupancy by guests staying 30 consecutive
days or more.
IDENTIFICATION SIGN:
ILLUMINATED SIGN:
INCIDENTAL SIGN:
SEE SIGN, IDENTIFICATION
SEE SIGN, ILLUMINATED
SEE SIGN, INCIDENTAL
-488-
INDUSTRIAL PARK:
A special or exclusive type of planned industrial
area designed and equipped to accommodate a
community of industries.
INSTITUTION, EDUCATIONAL:
A public or private school, college, university,
seminary, museum, library, or similar educational or
cultural establishment.
INSTITUTION, PHILANTHROPIC AND CHARITABLE:
An office or meeting hall used exclusively by a
non-profit public service organization.
INSTITUTION, RELIGIOUS:
A church, synagogue, temple, convent, monastery, or
other premises devoted to religious or
church -connected activities.
INSTITUTION, RECREATIONAL:
A public or private facility for group recreational
or social activity, including private clubs, lodges,
recreation buildings, and community centers.
INTERIOR LOT:
JUNKYARD:
KENNEL:
SEE LOT, INTERIOR
An open area where waste or used or second-hand
material s are bought, sol d , exchanged, stored,
baled, packed, disassembled, or handled, including
scrap iron and other metals, paper, rags, rubber
tires, and bottles. Uses carried on entirely within
enclosed buildings and establishments engaged only
in the processing of scrap metal to be sold for the
manufacture of steel are not considered junkyards.
Any lot or premises on which four or more animals
commonly used as household pets that are more than
four months of age are bred, groomed, boarded,
trained, placed, or sold for commercial or humane
purposes and which offers provisions for minor
medical treatment, including animal shelters.
LINE, STREET:
The dividing line between a lot, tract, or parcel of
land and the right-of-way of a contiguous existing
or dedicated street or planned street included in
the Major Street Plan of the City.
-489-
LOADING SPACE, OFF-STREET:
A completely off-street space or berth located on
the same lot, except as otherwise permitted herein,
for the loading or unloading of freight carriers,
having adequate ingress and egresss to a public
street or alley.
LODGING ROOM:
LOT:
LOT AREA:
A room rented as sleeping or living quarters, but
without cooking facilities and with or without an
individual bathroom. In the case of a suite of
rooms, each room shall be counted as one lodging
room.
A parcel of land under the same ownership or control
(whether legally so described or subdivided as one
or more contiguous parcels or parts of parcels)
located within a single block, occupied by or
suitable for occupancy by one principal building,
and having its principal frontage upon a dedicated
public street.
The area of a lot within its front, rear, and side
lot 1 ines.
LOT, CORNER:
A lot located at the intersection of two or more
streets, or a lot located at the point where the
alignment of a single street curves or changes;
provided that an interior angle of not more than 135
degrees is created by the right-of-way lines of the
abutting street or streets or, in the case of a
curving right-of-way, by straight lines projected
tangent to the curve from the points of intersection
between the curve and the lot lines.
LOT DEPTH:
The mean average of the lengths of the side lot
lines on either side of a lot.
LOT, DOUBLE -FRONTAGE:
A through lot abutting only two streets.
LOT, INTERIOR:
A lot other than a corner lot.
-490-
LOT LINE:
LOT LINE, CORNER SIDE:
A property boundary 1 ine of any lot, except that
where any portion of a lot extends into an abutting
street or all ey the 1 of 1 ine shall be deemed to be
established at the existing street or alley
right-of-way 1 ine.
Any street 1 ine that is not a front 1 of 1 ine.
LOT LINE, INTERIOR SIDE:
Any side lot line that is not a corner side lot line.
LOT LINE, FRONT:
1. The only street line bordering a 1 of ; or
2. otherwise, if the lot is a through 1 of , every
street line; or
3. otherwise, if the lot is a corner 1 of :
a. the shortest street 1 ine
b. otherwise, if more than one street 1 ine
is the shortest:
1. the lot line designated as the
front lot 1 ine on a plat of
dedication or plat of subdivision
2. otherwise, the lot line designated
as the front 1 of 1 ine by the City
Council.
LOT LINE, REAR: _
That lot line which is most distant from and is, or
is approximately, parallel to the front lot line.
If the rear 1 of line is less than ten feet in
length, or if the lot forms a point at the rear, the
rear lot line shall be deemed to be a line ten feet
in length within the lot, parallel to and at the
maximum distance from the front lot line.
LOT LINE, SIDE:
Any lot line that is not a front or rear lot line.
LOT OF RECORD:
A lot that is part of a subdivision, the plat of
which was recorded in the office of the County
Recorder of Deeds, or a parcel of land the deed to
which was recorded in the office of said Recorder,
prior to the adoption of this Ordinance.
LOT, REVERSED CORNER:
A corner lot that is a reversed frontage lot.
-491-
LOT, REVERSED FRONTAGE:
A lot with a front lot line at right angles or
approximately right angles to the general pattern of
front lot lines in the block.
LOT, THROUGH:
LOT WIDTH:
MARQUEE:
MARQUEE SIGN:
MENTAL HEALTH CENTER:
MINOR VARIANCE:
MOBILE HOME:
MOBILE HOME PARK:
An interior lot with frontage on more than one
street.
The width of a lot
by the applicable
ordinance.
SEE CANOPY
SEE SIGN, CANOPY
at the setback line established
front yard requirement of this
Any institution providing in -patient or out -patient
care or therapy for the mentally ill ,
developmentally disabled, alcoholics, abusers of
controlled substances, or others needing
psychological therapy but which does not serve as a
residence for such individuals.
SEE VARIANCE, MINOR
A detached single-family dwelling unit designed and
used exclusively for residential occupancy with
plumbing and electrical connections for attachment
to outside systems but designed to be transported
after fabrication on its own wheels or on flatbed
trailers and to be ready for occupancy at its site
except for minor and incidental unpacking, assembly,
and connection operations.
Any 1 of or tract of 1 and other than a mobil a home
subdivision or mobile home sales or storage lot upon
which three or more mobile homes used for habitation
are located.
-492-
MOBILE HOME SUBDIVISION:
A subdivision designed and intended for residential
use excl usively by mobile homes on permanent
foundations with wheels, tongue, lug bolts, and
hitch permanently removed and wherein each lot
occupied by a mobile home is owned by the owner of
the mobile home situated thereupon.
MORTUARY:
An undertaking establishment or funeral parlor which
may include a single residence as an accessory use.
MOTEL:
A building containing lodging rooms each of which
has an individual adjoining bathroom that is
designed primarily for transient automobile
travelers with a parking space on the lot for each
lodging unit and where more than 50 percent of the
lodging rooms are for rent for a continuous period
of less than 30 days.
MOTOR FREIGHT TERMINAL:
A building or premises the principal use of which is
the receipt of freight for forwarding or
trans -shipment or the dispatching of freight by
motor vehicle.
MOTOR VEHICLE:
MOVING SIGN:
MULTI -FAMILY DWELLING:
NAME PLATE:
NET FLOOR AREA:
NET LOT AREA:
Any sel f-propel I ed wheel ed vehicl a designed
primarily for transportation of persons or goods
along public streets.
SEE SIGN, MOVING
SEE DWELLING, MULTI -FAMILY
SEE SIGN, NAME PLATE
SEE FLOOR AREA, NET
SEE LOT AREA
-493-
NONCONFORMITY:
NONCONFORMITY,
Any characteristic of a us
lot that was lawful prior
this Ordinance or of any
does not conform to all
zoning district in which t
ACTIVITIES:
Any activity or
premises at the
but that is not
and Conditional
the premises are
NONCONFORMITY, DESIGN:
e, building, structure, or
to the effective date of
amendment thereto but which
of the requirements of the
he property is situated.
function lawfully carried on at the
time of enactment of this Ordinance
thereafter allowed by the Permitted
Uses of the zoning district in which
located.
The design or intended use of all or substantially
all of a premises for any use not allowed by the
Permitted and Conditional Uses of the zoning
district in which it is located, irrespective of the
nature of the activities carried on at that premises.
NONCONFORMITY, STANDARDS:
Any Nonconformity other than an Activities or Design
Nonconformity.
NURSING HOME:
OBSTRUCTION:
OCTAVE BAND:
OCTAVE BAND FILTER:
An establishment providing full-time convalescent or
chronic care or both for three or more individuals
not related by blood, adoption, or marriage to the
operator and which does not provide care for
surgical or medical cases commonly treated in
hospitals.
Any building, structure, or object, or part thereof,
located in the way of any yard or open space
required by this Ordinance, excluding trees and
shrubs.
All the frequencies between a given frequency and
double that frequency.
An electrical frequency analyzer designed according
to standards formulated by the American Standards
Association and used in conjunction with a
sound -level meter to take measurements in specific
octave intervals.
-494-
ODOR THRESHOLD VALUE:
The minimum concentration of odorous material in air
that can be detected by the normal human nose as
determined by the American Society for Testing and
Material s Method D1 391-57, Standard Method for
Measurement of Odor in Atmospheres (Dilution
Method), or its equivalent.
OFF-STREET LOADING SPACE:
SEE LOADING SPACE, OFF-STREET
OFF-STREET PARKING SPACE:
SEE PARKING SPACE, OFF-STREET
OPEN FENCE:
OPEN SALES LOT:
OPEN SPACE:
SEE FENCE, OPEN
Open land that is used or occupied for the purpose
of buying and selling merchandise, passenger cars,
trucks, motor scooters, motorcycles, boats, nursery
plants or supplies, or monuments, or for the storing
of same prior to sale thereupon, and that is
provided with a permanent, durable, and dustless
surface and is drained to dispose of all surface
water.
Uncovered area open to the sky on the same 1 of with
a building.
OPEN SPACE, COMMON:
Net site area in a Planned Unit Development that is
not covered by buildings or pavement that is
permanently set aside for the common use and
enjoyment of the residents or businesses within a
development or for the community at large and the
preservation and perpetual maintenance of which is
assured by dedication to the City or other
satisfactory legal arrangement. Common open space
may include parks, playgrounds, and totlots; parkway
medians; landscaped green space; natural lakes,
ponds, and streams; and 75 percent of dry and 50
percent of wet stormwater retention or detention
basins. Common open space shall not include street
rights -of -way or off-street parking or loading
areas.
-495-
ORNAMENTAL FENCE:
PARAPET:
PARKING SPACE DEPTH:
SEE FENCE, ORNAMENTAL
That portion of a wall that extends above the roof.
The longer of the two dimensions of a rectangular
parking space. In the case of a space that is not
rectangular, the depth shall be the length of the
largest imaginary rectangle that can fit within the
space.
PARKING SPACE, OFF-STREET:
An area outside of any public street or alley
right-of-way that is adequate for parking an
automobile with room for opening doors on both sides
together with maneuvering room and properly related
access to a public street or alley.
PARTICULATE MATTER:
PARTY WALL:
PERFORMANCE STANDARD:
Material, other than steam or water vapor, suspended
in or discharged into the atmosphere in finely
divided form as a liquid or sot id at atmospheric
pressure and temperature.
A wall starting from the foundation and extending
continuously through all stories to or above the
roof that separates one building from another and
that is in joint use by each building.
A criterion to control noise, odor, smoke, toxic or
noxious matter, vibration, fire and explosive
hazards, glare, heat, or other effects generated by
or inherent in uses of land or buildings.
PERMIT, CONDITIONAL USE:
A permit required for the use of land, water, or
building as a Conditional Use received only after
approval by the City Council of an application for a
Conditional Use.
PERMITTED PUBLIC USE:
PERMITTED USE:
SEE USE, PERMITTED PUBLIC
SEE USE, PERMITTED
-496-
PHILANTHROPIC AND CHARITABLE INSTITUTION:
SEE INSTITUTION, PHILANTHROPIC AND CHARITABLE
PLANNED UNIT DEVELOPMENT:
A tract of land of five acres or more initially
under the same ownership or control that is or shall
be developed with more than two Principal Use
buildings as an integral unit based on a plan that
all ows for more fl exibl a standards than woul d
normally apply in order to provide a higher qual ity
of design and amenity than would otherwise be
possible.
PLAT OF SURVEY, CURRENT:
A plat prepared by a licensed surveyor containing
the legal description of the premises thereon and
showing:
1. the boundary lines of the property
2. the locations of all improvements and
monuments thereupon
3. all encroachments
4. the boundaries of all existing streets,
easements, rights -of -way, and areas dedicated
to public use within 200 feet of the property
as all of the foregoing exist as of the date of
fil ing.
POLE SIGN:
PREMISES:
PRINCIPAL BUILDING,:
PRINCIPAL USE:
PROJECTING SIGN:
RADIATION HAZARDS:
SEE SIGN, POLE
Any improved or unimproved property.
SEE BUILDING, PRINCIPAL
SEE USE, PRINCIPAL
SEE SIGN, PROJECTING
The harmful effects of all radiations capable of
producing ions in their passage through matter,
including electromagnetic radiations such as x-rays
and gamma rays and particulate radiations such as
electrons or beta particles, protons, neutrons, and
al pha particles.
-497-
REAL ESTATE SIGN:
REAR LOT LINE:
REAR YARD:
SEE SIGN, REAL ESTATE
SEE LOT LINE, REAR
SEE YARD, REAR
RECREATIONAL INSTITUTION:
SEE INSTITUTION, RECREATIONAL
RECREATIONAL VEHICLE:
REFUSE:
REM:
RELIGIOUS INSTITUTION:
RESEARCH LABORATORY:
RESIDENTIAL BUILDING:
RESTAURANT, DRIVE-IN:
A vehicular ty pe unit primarily designed as
temporary 1 iving quarters in conjunction with
recreation, camping, or travel use which either has
its own motive power or is mounted on or drawn by
another vehicle, including travel trailers, fifth
wheel travel trailers, camping trailers, truck
campers, boats on or off trailer, motor homes, or
any other vehicle with state R.V., R.T., or T.A.
license plates.
All waste products resulting from human activity
except sewage.
A quantity of ionizing radiation that, when imparted
to a biological system, has the same effect as an
absorbed dose of one roentgen of x-rays per gram of
living matter.
SEE INSTITUTION, RELIGIOUS
A building or buildings housing facil ities for
scientific research, investigation, testing, or
experimentation but not primarily housing facilities
for the manufacture, sale, or storage of products.
SEE BUILDING, RESIDENTIAL
A restaurant that is a drive-in establishment as
defined herein.
-498-
REST HOME:
REVERSED CORNER LOT:
REVERSED FRONTAGE LOT:
RIGHT-OF-WAY:
RIGHT-OF-WAY, PUBLIC:
RINGELMANN CHART:
RINGELMANN NUMBER:
ROOF SIGN:
ROOMING HOUSE:
SCREENING:
SEE NURSING HOME
SEE LOT, REVERSED CORNER
SEE LOT, REVERSED FRONTAGE
A strip of land used for passage of motor vehicles,
railroads, or pedestrians or for the location of
utility or communications lines. An access easement
shall not be considered a right-of-way.
A right-of-way as defined herein dedicated to or
owned by a public body and available for use by the
general publ ic. In the case of publ is streets, the
right-of-way normally includes the curbs, lawn
strips, and lighting and drainage facilities.
A chart described in the U.S. Bureau of Mines
Circular 6888 or its successor upon which are
illustrated graduated shades of grey for use in
estimating the light -obscuring capacity of smoke or
its equivalent.
The number of the area of the Ri ngel mann Chart that
coincides most nearly with the light -obscuring
capacity of the emission or smoke observed.
SEE SIGN, ROOF
A building or part thereof that is not a hotel or
motel and that provides lodging rooms for
compensation to three or more persons who are not
members of the keeper's family.
A structure erected or vegetation planted to wholly
or partially conceal the area behind it.
-499-
SETBACK:
SETBACK, FRONT:
SHOPPING CENTER:
SIDE LOT LINE:
SIDE YARD:
SIGN:
SIGN AREA:
SEE YARD
SEE YARD, FRONT
A group of three or more retail or service
commercial uses characterized by any one or more of
the following:
1 . Uses are designed as a single commercial
group, whether or not located on the same lot
2. Contiguous uses occupy premises that are under
common ownership or management
3. Uses are connected by party walls, partitions,
canopies, or other structural members to form
one continuous structure
4. Uses are located in separate buildings but are
interconnected by walkways or access ways
designed to facilitate customer interchange
between the uses
5. Uses share a common parking area
6. Uses otherwise present the appearance of a
single continuous commercial development.
SEE LOT LINE, SIDE
SEE YARD, SIDE
Any visual or graphic device designed through use of
words, numbers, characters, or symbols to inform or
attract attention and which is designed to be
visible from outside any building or structure in
which, upon which, or attached to which it may be
located. Window displays of merchandise and signs
of less than 1 /2 square foot in area that are part
of such displays and are not affixed to windows
shall not be considered signs for purposes of this
Ordinance.
The total exposed surface on each facing devoted to
a sign's message, including all ornamentation,
embell ishment, and symbol s but excl uding any
supporting structure that does not form part of the
sign proper or of the display. The area of a sign
consisting of individual letters or symbols against
-500-
SIGN, BANNER:
SIGN, BUSINESS:
a wall shall be the sum of the areas within
rectangul ar envelopes compl etely enclosing each
separate letter or symbol or attached group thereof.
A temporary sign composed of lightweight material
either enclosed or not enclosed in a rigid frame and
secured or mounted so as to allow movement of the
sign caused by movement of the atmosphere.
A sign directing attention to a business,
profession, commodity, service, entertainment,
person, cause, event, or organization conducted,
sold, offered, operating or having premises upon the
same 1 of .
SIGN, CANOPY:
A sign, other than an under canopy sign, attached
to or constructed in or on a canopy.
SIGN, CHANGING:
A sign with a message copy or other display that is
produced and periodically changed electronically or
electrically such as a public service time and
temperature sign.
SIGN CLEARANCE:
SIGN, CONSTRUCTION:
SIGN, DIRECTIONAL:
The distance to grade from the lowest edge of a sign
excluding any pole or support structure attached to
the ground.
A non -illuminated sign displayed prior to or during
construction and removed thereafter that identifies
a building under construction together with such
information as the owner, the manager, the
contractor and subcontractors, the architect and
engineer, the source of financing, the projected
date of completion, the major tenants, and related
information.
A sign that serves solely to direct pedestrian or
vehicular traffic or parking within a premises or to
provide related instructions or facility information
but that contains no advertising other than the name
and logo of the business on the premises.
- 501-
SIGN, DIRECTORY:
SIGN, DISPLAY BOARD:
SIGN EMBELLISHMENT:
SIGN FACING:
SIGN, FLASHING:
SIGN, FREE-STANDING:
SIGN, GROUND:
SIGN HEIGHT:
SIGN, IDENTIFICATION:
A sign that states only the names, addresses, and
trades or professions of multiple occupants of a
commercial or industrial building or development.
A sign other than a changing sign on which letters
are changeable and that is attached to another sign,
to the support structure thereof, or to a wall for
the purpose of displaying advertising or other
notices.
Any framing or trim attached to or superimposed upon
a sign.
The surface of a sign upon, against, or through
which the message is displayed or illustrated.
A sign which contains an intermittent or flashing
light source or which includes the illusion of
intermittent or flashing light by means of animation
or an externally mounted intermittent light source.
Changing signs as defined herein are not considered
flashing signs.
A sign supported by one or more poles, uprights,
pylons, or braces on the ground and not attached to
a building.
A free-standing sign with a sign height of less than
8 feet.
The vertical distance measured from the curb level
as defined herein of the closest public street to a
sign to the highest point of the sign. Where a sign
is equally close to more than one public street, the
mean average of the curb 1 evel s of each street shall
be used to determine sign height.
A non -illuminated sign indicating the name or
trademark of a permitted use, the address of a
building or occupants, and the name of the
management of the establishment on which the sign is
located.
-502-
SIGN, ILLUMINATED:
SIGN, MARQUEE:
SIGN, MENU BOARD:
SIGN, MOVING,:
A sign illuminated by a source of artificial light
having the principal purpose of furnishing
illumination for the sign whether or not said source
is part of the structure of the sign.
SEE SIGN, CANOPY
A sign used to display a selection of goods or
services offered at a business establishment for the
convenience of drive -up or walk-up customers, such
as at a drive-in restaurant.
A sign that has one or more visible parts that move.
SIGN, NAME PLATE:
A non -illuminated sign that states only the names,
addresses, and trades or professions of one or more
businesses or occupants of the lot where the sign is
placed.
SIGN, NONDURABLE:
A sign made of paper, cloth, or other nondurable
material , or any sign not affixed to a building or
to the ground.
SIGN, OUTDOOR ADVERTISING,:
A sign that directs attention to a business,
profession, commodity, service, entertainment,
person, cause, event, or organization conducted,
sold, offered, operating, or having premises
elsewhere than on the lot on which the sign is
located, and only incidentally, if at all, on such
1 of .
SIGN, POLE:
A free-standing sign with a sign height of 8 feet or
greater.
SIGN, PORTABLE:
Any sign that is moveable and not permanently
attached to the ground, a structure, or another sign.
-503-
SIGN, PROJECTING:
SIGN, REAL ESTATE:
SIGN, ROOF:
SIGN, TEMPORARY:
SIGN, TRAILER:
SIGN, UNDER CANOPY:
SIGN, WALL:
A sign attached to the wall of a building having a
face that is not parallel to such wall or that
extends more than 12 inches from the face of the
wall or higher than the highest point of the roof or
the top of the parapet, whichever is higher.
A non -illuminated sign used to offer for sale,
lease, or rent the property upon which or within
which the sign is placed or to announce an open
house or that the property has been sold.
A sign erected or maintained upon or over a roof
with its principal support on the roof structure. A
sign that is erected or maintained upon but projects
no more than 12 inches from the face of that portion
of a mansard roof that is vertical or approximately
vertical and that does not extend above the highest
point of the vertical portion of the roof, shall be
considered a wall sign and not a roof sign.
A sign --including banners, pennants, flags,
searchlights, twirling signs, sandwich type signs,
sidewalk or curb signs, balloons or other air or gas
filled figures --that is displayed for a period of
less than 30 days.
A sign mounted on a vehicle normally 1 icensed by the
state as a trailer for the purpose of advertising or
attracting attention.
A sign projecting from and beneath a canopy.
A sign erected upon or parallel to an outside
building wall which does not extend more than 12
inches from the face of the wall or higher than the
highest point of the roof or the top of the parapet,
whichever is higher.
SIGN, WINDOW, PERMANENT:
A sign placed inside or upon a window and designed
to be visible from outside a building with the
purpose of identifying for a period of 30 days or
more the proprietor or name of a business.
-504-
SIGN, WINDOW, TEMPORARY:
A sign placed inside or upon a window and designed
to be visible from outside a building with the
purpose of attracting attention for a period of less
than 30 days.
SINGLE-FAMILY DWELLING:
SEE DWELLING, SINGLE-FAMILY
SINGLE-FAMILY ATTACHED DWELLING:
SEE DWELLING, SINGLE-FAMILY ATTACHED
SINGLE-FA14ILY DETACHED DWELLING:
SEE DWELLING, SINGLE-FAMILY DETACHED
SITE AREA, NET:
The acreage of land excluding the rights -of -way of
streets within and bordering a development.
SMOKE UNITS, NUMBER OF:
The number obtained by multiplying the smoke density
in Ringelmann numbers by the time of emission in
minutes. For the purpose of this calculation, a
Ringelmann density reading is made at least once
every minute during the period of observation, each
reading is multiplied by the time in minutes during
which the emission is observed, and the various
products are summed to give the total number of
smoke units during the period of observation.
SOLID FENCE:
SOUND -LEVEL METER:
SEE FENCE, SOLID
An instrument standardized by the American Standards
Association for measurement of the intensity of
sound.
SPACE, NONVEHICl1LAR:
That portion of the uncovered space on a site that
is not normally used for the circulation or parking
of motor vehicles and that has been improved for
aesthetic appeal and to serve as pedestrian and
recreation areas.
SPACE, UNCOVERED:
That portion of the total horizontal net site area
that is not covered by buildings, including one-half
of covered spaces that are no less than 50 percent
open such as carports or park shelters.
-505-
SPACE, RECREATION:
STORAGE GARAGE:
STORY:
STORY, HALF:
STREET:
STREET LINE:
STRUCTURAL ALTERATION:
STRUCTURE:
That portion of the non -vehicular space on a site
that is suitable for common recreational use by
virtue of its being at least 5,000 square feet in
area (except where total recreation space required
is less), its having no dimension less than 50 feet,
and its being improved with facilities for
recreational pursuits.
SEE GARAGE, STORAGE
That portion of a building included between the top
surface of any fl oor and the top surface of the
floor next above, or, if there is no floor above,
the ceiling next above.
A space under a sloping roof where the line of
intersection of roof decking and wall is not more
than three feet above the top fl oor level and in
which space not more than 60 percent of the floor
area is completed for principal or accessory use.
A public or private right-of-way as defined herein
that affords a primary means of motor vehicle access
to abutting property and/or provides for the
movement of traffic.
SEE LINE, STREET
Any change, other than incidental repairs, in the
supporting members of a building or structure such
as bearing walls, columns, beams, or girders, or any
substantial change in the roof or exterior walls.
Anything erected the use of which requires more or
less permanent location on the ground or attachment
to something having such a location. An outdoor
advertising sign or business sign or other
advertising device, if detached or projecting, shall
be considered a separate structure. Structures
shall also include buildings, mobile homes, walls,
and fences.
-506-
STRUCTURE, ACCESSORY:
STRUCTURE, TEMPORARY:
STUDIO APARTMENT:
TEMPORARY BUILDING:
TEMPORARY SIGN:
TEMPORARY STRUCTURE:
TEMPORARY USE:
THROUGH LOT:
TOWNHOUSE:
TOXIC MATERIAL:
TRAILER:
TRAILER PARK:
A structure that is an Accessory Use.
A structure that is establ ished for a period of less
than one year and is removed within that period.
SEE EFFICIENCY UNIT
SEE BUILDING, TEMPORARY
SEE SIGN, TEMPORARY
SEE STRUCTURE, TEMPORARY
SEE USE, TEMPORARY
SEE LOT, THROUGH
SEE DWELLING, TOWNHOUSE
Any 1 iquid, sol id, or gaseous substance which if
discharged into the environment could, alone or with
other substances likely to be present in the
environment, cause or threaten to cause bodily
injury, illness, or death to members of the general
public through ingestion, inhalation, or absorption
through any body surface. Substances that are
corrosives, irritants, strong sensitizers, or
radioactive substances shall be considered toxic
substances.
Any portable structure or vehicle designed for
highway travel and used on a short-term or interim
basis for living, sleeping, or commercial purposes.
Any site
or tract of land under single
ownership or
control
other than
a construction site,
trailer
service
or repair
facility, trailer
manufacturing
plant, trailer sales or storage lot,
or wrecking
yard on
which three
or more trailers or
recreational
vehicles
are located
in the open.
-507-
TWO-FAMILY DWELLING:
UNCOVERED SPACE:
UN IT:
UNIT GROUPING:
USE:
USE, ACCESSORY:
USE, CONDITIONAL:
SEE DWELLING, TWO-FAMILY
SEE SPACE, UNCOVERED
SEE DWELLING UNIT
A single detached building consisting of multiple
dwelling units.
The purpose or activity for which land or structures
thereon are designed, arranged, or intended or for
which they are occupied or maintained.
A subordinate land use located on the same lot or
parcel as a Principal Use (except for such
off-street parking or off-street loading facilities
as may be permitted to be 1 ocated on a separate 1 of )
and serving a purpose customarily incidental to that
of the Principal Use.
A special use as provided by state statute that
because of its special character cannot be allowable
generally in a particular zoning district but which
may he allowed under special conditions and which is
therefore subject to the prior approval of a
Conditional Use Permit.
USE, CONDITIONAL PUBLIC:
The use of property other than as Permitted Public
Uses as defined herein by a public util ity ,
rail road, or governmental body for the provision of
public utilities or services, including sewerage,
water supply, el ectricity, gas, public safety,
government administration, transportation, and
communications.
Conditional Public Uses shall include power plants
or substations; water or sewage treatment plants,
reservoirs, or pumping stations; railroad and
utility buildings; police and fire stations,
municipal buildings and local government offices;
and public transportation facilities, including
shelters, garages, terminals, parking and turnaround
areas, and service buildings.
-508-
USE, PERMITTED:
A use allowable generally within a zoning district
without a Conditional Use Permit.
USES, PERMITTED PUBLIC:
Poles, towers, tunnels, conduits, wires, cables,
vaults, laterals, pipes, drains, mains, valves,
hydrants, and similar distribution equipment for
public services or utilities; fire alarms and police
call boxes; traffic signals; and pay telephones.
USE, PRINCIPAL:
USE, TEMPORARY:
VARIANCE:
VARIANCE, MINOR:
VEHICLE, COMMERCIAL:
The main use of a parcel as distinct from an
Accessory Use.
A Principal or Accessory Use that is established for
a period of less than one year and is discontinued
within that time period.
A modification of the provisions of this Ordinance
in accordance with the provisions herein concerning
variances in cases where strict enforcement would
cause undue hardship as a result of special
circumstances affecting an individual property that
do not generally affect other properties in the same
zoning district.
A variance granted to the fee owner, contract
purchaser, or option hol der of a single
singl e-family detached or attached dwell ing or
single-family detached or attached building lot for
that dwell ing or 1 ot.
A motorized vehicle other than a passenger car,
passenger van, or recreational vehicle used by a
household for non-commercial personal or family
transportation, for recreation, or for van pooling
or ride -sharing use. Commercial vehicl es incl ude
commercial trucks, buses, buses used as recreational
vehicles, commercial vans, tractors, semi -trailers,
motorized farm vehicles, and earth -moving equipment.
VISION CLEARANCE TRIANGLE:
A triangular area located at the at -grade
intersection of streets, railroads, driveways, or
any combination thereof, formed by the right-of-way
-509-
WALL, FRONT:
WALL SIGN:
WINDOW SIGN:
WRECKING YARD:
YARD:
YARD, CORNER SIDE:
YARD, FRONT:
I ines (or the edge of the driveway or aisle in the
case of a driveway) between their intersection and
points 30 feet from their intersection along each
line (or 10 feet in the case of a driveway), and by
a straight line connecting these two points.
The wall of a building nearest the front lot line
that is parallel to or most nearly parallel to said
1 ine.
SEE SIGN, WALL
SEE SIGN, WINDOW, PERMANENT
AND SIGN, WINDOW, TEMPORARY
Any premises where there are stored in the open two
or more motor vehicles --including automobiles,
trucks, and construction and farm implements --or
trailers, boats, or mobile homes, which are not in
usable condition and have not been restored to
usable condition within 30 days of their arrival, or
where parts thereof are stored in the open.
An open space on a lot other than a court that is
required to remain unoccupied and unobstructed above
ground by any structure or part or projection
thereof from its lowest level to the sky, except as
otherwise permitted in this Ordinance. Yard
requirements are as measured horizontally
irrespective of the slope of the land.
A yard extending between a corner side lot 1 ine and
a 1 ine d rawn paral 1 el thereto at a distance
therefrom equal to that established by the corner
side yard requirements of this Ordinance and also
extending the full depth of the lot but excluding
any area included in a front yard.
A yard extending the full width of a lot between the
front lot line as defined herein and a line drawn
parallel thereto at a distance therefrom equal to
that established by the front yard requirements of
this Ordinance.
-510-
YARD, INTERIOR SIDE:
YARD, REAR:
A yard extending between an interior side lot 1 ine
and a line drawn parallel thereto at a distance
therefrom equal to that established by the interior
side yard requirements of this Ordinance and also
extending the full depth of the lot but excluding
any area included in a front or rear yard.
A yard extending the full width of a 1 of between the
rear 1 of 1 ine and a 1 ine drawn parall el thereto at a
distance therefrom equal to that established by the
rear yard requirements of this Ordinance but
excluding any area included in a corner side yard.
- 511-
The next page is 525
INDEX
References to Definitions section of Ordinance are not included in Index.
Page
A------------------------------------------------------------------------- A
Accessory Uses
General regulations 250
Standards 255
Where permitted 254
Adult Uses
67
Air Rights
66
Amendments
After ordinance adoption
400
Application contents
37
Approval Criteria
401
Approval procedure
30, 400
Protest
400
Public notice
34
Purpose
400
Resubmission
32
Annexed Land
Zoning of
66
Antennas
As accessory use 250
Satellite dishes 250
Where permitted 254
Appeal s
Approval Criteria 456
Contents of notice 455
Hearing by ZBA 456
Stay of proceedings 456
Who may file 455
Appeals, Board of
See zoning Board of Appeals
-525-
Applications
Disclosure of interest 33
Fees 33
Filing requirements 37
Public notice 34
Arterial Streets
Required dimensions for lots abutting 94, 116, 141
Exceptions to required lot dimensions 69
Lots abutting in Residential Districts 91
B------------------------------------------------------------------------- B
Berms
In 1 andscapted strips 197
Around mined areas 334
:�4
For mined areas 332
For PUD's 40
For signs 226
Building Permit
Required 450
C------------------------------------------------------------------------- C
Carnival s
68
Carports
See Garages
Certificate of Occupancy
Required
450
Christmas Trees, Sale of
68
Circuses
68
City Clerk
454
Commercial Districts
District requirements
116
Listed
115
Uses permitted in
117
-526-
Comprehensive Plan
Amendments must support
401
PUD must support
281
Variance must support
377
Conditional Public Uses
38, 41, 48
Conditional Uses
Al 1 owabl a
3, 355
Application contents
37, 331
Approval Criteria
357
Approval procedure
30, 355
Conditional Use Permit
356
Existing Special Uses
355
Expansion or alteration
356
Mined areas
330
Not nonconforming
429
Public notice
34
Resubmission
32
Revocation
356
D------------------------------------------------------------------------- D
Decks
Dish Antennas
Districts
Interpretation of boundaries
Listed
Dog Runs
Downtown
Parking
Zoning
Driveways, Residential
250, 254, 255
250
66
65
251
165
115, 116
172
E------------------------------------------------------------------------- E
Enforcement
Explosions
Performance standards
-527-
451
306
F------------------------------------------------------------------------- F
Farm commodities, sale of
68
Fees
Fil i ng
33
Retained Personnel
33
Fences
253, 254
Fil ing Procedures
30
Fire
Performance standards
306
Floodpl ains
Regulation
66
Frontage Road
69
G------------------------------------------------------------------------- G
Garages, Residential
General requirements 251
Where permitted 254
Standards 255
Gas Stations
See Service Stations
G1 are
Performance standards 307
Grad i ng
For mined areas 332, 337
For parking & 1 oadi ng areas 167
H------------------------------------------------------------------------- H
Heat
Performance standards 307
Hedges
See Fences
Home Occupations 90
-528-
Hours Restrictions
Mining
334
I------------------------------------------------------------------------- I
Industrial Districts
District requirements 141
Listed 140
Performance Standards 300
Uses permitted in 144
L------------------------------------------------------------------------- L
Landscaping
For mined areas 334
For other areas 195
Loading
Dimensions of spaces 172
General requirements 165, 170
Number of spaces 173
Where permitted 171 , 2.54
Lots
Nonconforming residential lots of record 429
M------------------------------------------------------------------------- M
Maintenance required
Landscaping 197
Mined areas 336
Parking and loading areas 167
Signs 224
Map, Zoning District 65
Mining
Contents of application
331
Exemptions from requirements
330
Finished site conditions
337
Noise
336
Operations standards
333
Reclamation Plan
332
Screening
334
Yards
336
-529-
Minor Variances
375
N------------------------------------------------------------------------- N
Noise
Mined areas 336
Performance standards 300
Nonconformities
Additions & alterations to structures
427
Administration
430
Change in activity
429
Discontinuance
429
Expansion of land use
428
Expansion within structures
429
Moving of structures
429
Partial el i mi nat i on
429
Restoration of damaged structures
427
Summary of regulations
431
Types of nonconformities
425
Non -vehicular Space 94
0------------------------------------------------------------------------- 0
Occupancy Certificate 450
Odor
Performance standards 305
Office Districts
District requirements 141
Li sted 140
Uses permitted in 142
Open Space
In PUD 276, 282
Outdoor Storage
Conditional Use in C-5 121
Conditional Use in I-1 145
General 67
In parking areas 166
Recreational vehicles 169
-530-
P------------------------------------------------------------------------- P
Parking
Bicycl a
170
Dimensions of spaces
172
General requirements
165,
167
Handicapped
170
Landscaping
167,
196
Number of spaces
174,
175
Recreational vehicles
169
Site plan
38,
41
Trucks and commercial vehicles
170
Where spaces permitted
168,
254
Particul ate Matter
Performance standards
303
Patios
2509
2549 255
Penalties
451
Performance Standards
Administration
308
Districts where appl icable
300
Requirements
300
Permit
Building
450
Certificate of Occupancy
450
Conditional Use
356
Sign
220,
225
Permitted Public Uses
95,
117, 142
Plan Commission
451
Planned Unit Development (PUD)
Amendments
279
Approval Criteria
281
Approval procedure
30,
277
Final Plan
44,
279
Open space
276,
282
Phasing
39,
277, 278, 283
Preliminary Plan
41
Purpose
275
Qualification for filing
275
Revocation
280
Special incentives for
276
Special requirements for
276
-531 -
Plan, Site
See Site Plan
Plants, Sale of Bedding 68
Porches 250, 254, 2.55
Principal Building
One per lot 66
More than one per lot in PUD 276
R------------------------------------------------------------------------- R
Radiation
Performance standards
308
Reclamation P1 an for Mined Areas
332
Recreational Vehicles
Storage in Residential Districts
169
Recreation Space
94
Regulations
Are minimum requirements
3
More restrictive applies
3
Residential Districts
District requirements
94
General requirements
90
Listed
92
Lots abutting arterial streets
91
Nonconforming lots of record
429
Screening of
195, 201
Standards for non-residential uses
91
Uses permitted in
95
Rezonings
See Amendments
S------------------------------------------------------------------------- S
Sand and Gravel Mines
See Mining
Screening
For mined areas
For other areas
-532-
334
195
Service Stations
Signs and displays
224
Spacing of
67
Sheds, Storage
Where permitted
254
Standards
255
Shopping Centers
Parking for
167,
176
Signs
230,
232
Sidewalk Sales
68
Signs
Administration
225
Conditional Use signs
223
Exempt changes to signs
222
Exempt signs
220
General requirements
220
Maintenance
224
Nonconforming signs
223
Prohibited signs
222
Permits
230,
225
Relief
226
Removal of unl awful signs
225
Service station signs
224
Standards
226,
230
Where permitted
226,
254
Site P1 an
For Conditional Use petitions
38,
41
For landscaping
38,
41
For parking and loading areas
38,
41 , 166
For PUD's
38,
41, 276
For rezoning petitions
38,
41
For variance petitions
38,
41
Smoke
Performance standards
303
Swimming Pools
Where permitted
254
T------------------------------------------------------------------------- T
Temporary Uses
Towers
See Antennas
-533-
3, 67
Toxic Matter
Performance standards 305
Trees
Existing counted toward landscaping 197
Required dimensions 201
When required in landscaped strips 200
Trucks
Storage in Residential Districts 170
U------------------------------------------------------------------------- U
Uncovered Space 94
Uses
Al 1 owabl a general l y 3
Unlawful not made lawful 3
Utilities, Underground
In PUD 277
V------------------------------------------------------------------------- V
Variances
Approval Criteria 376
Approval procedure 375
Application for 37
Minor Variances 375
Signs 226
Vibration
Performance standards 302
Vision Clearance at Intersection 252
W------------------------------------------------------------------------- W
Wall s
See Fences
Wind Energy Conversion Systems 250
-534-
Y------------------------------------------------------------------------- Y
Yards
Accessory uses or projections in 250, 254
Conformity to Existing 252
General requirements 251
Mined areas 336
Parking in 168
Z------------------------------------------------------------------------- Z
Zoning Administrator
Responsibilities
Zoning Board of Appeal s
Appointments
Authority
Meetings
Zoning District Map
Zoning Districts
See Districts
454
453
453
454
65
-535-
The next page is 550
APPENDICES
The materials to follow are intended to aid in the understanding of
the City of McHenry Zoning Ordinance.
They are illustrative only and are not to be considered part of the
Ordinance for interpretation or other purposes.
-550-
USES PERMITTED BY ZONING DISTRICT
Land uses permitted under this Ordinance are listed alphabetically on
the following pages.
Each use is a Permitted or Conditional Use in the zoning districts
listed and in all higher -numbered zoning districts with the same
letter classification.
For example, a use listed as a Permitted Use in RS-1 is al so a
Permitted Use in RS-2, RS-3, etc. A use 1 isted as a Conditional Use
in C-2 is also a Conditional Use in C-3, C-4, etc. Where no
district is 1 isted for a land use, that use is not permitted in any
district.
For detailed requirements, please consult the district regulations in
the Ordinance itself.
-551 -
19
PERMITTED AND CONDITIONAL USES
Land Use
Abbatoirs or slaughterhouses
Accessory uses to Conditional Uses
Accessory uses to Permitted Uses
Acid manufacture, treatment
Adult uses
Air rights development
Airports
Animal hospitals
Antique shops
Appliance repair shops, domestic
Appliance stores, domestic
Arsenals
Art shops or galleries
Art supply stores
Auction rooms
Auto parts stores
Automated teller machines
Automobile & truck rental
Automobile laundries
Automobile repair shops
Automobile sales (no open sales lot)
Bakeries (plants)
Bakery stores (retail)
Banks
Barber shops
Bars with live entertainment or dancing
Bars, no live entertainment or dancing
Beauty shops
Bicycle sales, rental, and repair
Blueprinting & photostating shops
Boat & marine sales (no open sales lot)
Boat repair
Body shops
Bookstores
Bottled gas dealers
Bowling alleys
Building materials sales
Business machine sales & rental
Camera stores
Camping equipment sales
Candy shops
Card shops
Carpet stores, retail
Catering establishments
Cemeteries
China and glassware shops
Churches and religious institutions
Clinics
Most Restrictive (Lowest
Numbered) Districts Use
Is Permitted In
RS1 RA1 RM1 Cl 01 11
C3
C3
C2
C2
C3
C2 02
C3
C1 02
C5 02
C5
C5
Cl
C2 02
C1
C1
C3
C3 02
C5
C3
C5
C5
C3 02
C3
C3
Cl
C2
C3
C3
C3
I1
Most Restrictive (Lowest
Numbered) Districts Use
Is Conditional In
I1
RS1 RA1 RM1 C1 01 I1
11
C5
RS1 RA1 RM1 Cl 01 I1
02 Il
C5
C5
01
02
C3
C2 02
02
C5
C5
C3
02
11
RS1 RAl RM1 C1 01 I1
RS1 RA1 RM1 C1 01
RS1 RA1 RM1 Cl 01
Nt
Land Use
Most Restrictive
(Lowest
Most Restrictive (Lowest
Numbered) Districts
Use
Numbered) Districts Use
Is Permitted In
Is Conditional In
Clothing stores
C3
Coin and stamp shops
C3
Computer sales & rental
C3
02
Concrete, cement, mortar plants
I7
Conditional Public Uses
RS1 RA1 RM1 Cl
01
Il
Construction buildings or trailers
RS1 RA1 RM1 Cl
01
I1
Contractor and construction offices
C5
I1
Convenience marts
Cl
Convention halls
C4
02
Credit unions
C2
02
01
Crematories
C5
Creosote manufacture, treatment
Il
Currency exchanges
Cl
02
Custom dressmaking shops
C3
Dairy stores
Cl
Dance halls
C3
Day care centers, child
C2
01
Delicatessens
Cl
Dental offices
C2
01
Department stores
C3
Detonable materials, over 5 lbs.
I1
Discount department stores
C3
Dish antennas
RS1 RA1 RM1 Cl
01
I1
RS1 RA1 RM1
Donut shops
C1
02
Drive-in establishments
C2
Drug stores
Cl
02
Dry cleaning plants
Il
Dry cleaning stores
Cl
Dumps
I1
Dwelling unit of caretaker
Il
Dwelling units above ground floor
RM1 C4
Electrical showrooms
C5
Employment agencies
C3
02
Equipment rental
C5
Exhibit halls
C4
02
Exterminating services
C3
Fat rendering
Il
Feed, flour, and grain storage
I1
Fertilizer manufacture, treatment
I1
Finance companies
C2
02
01
Fish markets
C1
Florist shops
C2
02
Food stores under 5,000 SF
Cl
Frozen food stores
C3
Fuel and ice sales
C5
Fuel storage, bulk
C5
I1
Furniture stores
C3
Furrier shops
C3
Game roans
C2
Garden supply stores
C3
Gas stations, automobile
Cl
Il
Gift shops
C2
02
Golf courses and country clubs, private
C5
02
I1
RS1 RA1 RM1 Cl
01
Golf courses, publicly owned
RS1 RA1 RM1 Cl
01
I1
Graphics & drafting services
02
I1
Land Use Most Restrictive (Lowest Most Restrictive (Lowest
Numbered) Districts Use Numbered) Districts Use
Is Permitted In Is Conditional In
Greenhouses, commercial
Grocery stores under 5,000 SF
Group homes
Gunsmith shops
Hardware stores
Health clubs
Health food stores
Hobby and craft shops
Home occupations
Hospitals
Hotels and motels
Ice cream shops
Industry, heavy
Industry, light
Insurance offices
Interior decorating shops
Jewelry & watch sales & repair
Junk yards
Kennels
Kiosks
Laboratories, medical or scientific
Landfills
Laundries, small retail
Laundromats
Laundry plants, canmercial
Leather goods shops
Liquor stores
Locksmith shops
Luggage shops
Machinery sales
Mail order houses
Meat markets
Medical offices
Meeting & banquet halls
Mental health centers
Millinery shops
Mini -warehouses
Mobile home parks
Mobile home sales (no open sales lot)
Mobile hone subdivisions
Model hcme & garage displays
Monument sales (no open sales lot)
Mortuaries
Motor, rail, air freight terminals
Motorcycle repair shops
Motorcycle sales (no open sales lot)
Multiple -family dwellings
Musical instrument shops
Newspaper and magazine shops
Newspaper distribution agencies
Nurseries, tree and shrub
Nursing homes
Nut shops
Office supply stores
Offices, business and professional
C5
Cl
C3
C3
C3 02
Cl
C3
RS1 RA1 RM1
C3 02
Cl
I1
C2 01
C3
C2
C3
C3 02 I1
C1
Cl
C5 I1
C3
Cl
C3
C3
C5 02
Cl
C2 01
C3 02
C3
C5
C5
C5
RM1
C3
Cl
C2 02
C5
Cl
C2 02
C3 01
RS1 RA1 RM1 Cl 01
RS1 RA1 RMI Cl 01
I1
C2
I1
C5
RS1 RA1 RM1 Cl 01
C5
RM2
RM2
C5
C3 01
I1
CS
02
RS1 RA1 RM1 C1 01
Land Use Most Restrictive (Lowest Most Restrictive (Lowest
Numbered) Districts Use Numbered) Districts Use
Is Permitted In Is Conditional In
Offices, government & institutional
Oil refining
Open sales lots
Optician sales, retail
Optometry offices
Ore reduction
Orthopedic supplies, retail
Outdoor amusement establishments
Outdoor storage
Paint stores
Parking, off-street, as Principal Use
Parks, playgrounds, forest preserves
Pawnshops
Permitted Public Uses
Pet shops
Philanthropic or charitable institutions
Photo processing stores, except kiosks
Picture framing shops
Planned Unit Developments
Plazas & public spaces
Plumbing & heating sales
Pool halls
Popcorn shops
Post offices
Print shops (6 or fewer employees)
Printing & publishing plants
Produce markets
Quarries & sand and gravel pits
Radio & television studios
Radio and television towers
Real estate offices
Record, tape, & music shops
Recording studios
Recr, vehicle sales (no open sales lot)
Recreational institutions
Recreational vehicle repair shops
Recycling centers, solid waste
Research & development facilities
Restaurants
Restaurants serving alcohol
Restaurants with entertainment, dancing
Restaurants, drive-in
Rubber manufacture, treatment
Salt works
Sauerkraut manufacture, treatment
Savings & loans and savings banks
Schools and educational institutions
Schools, commercial
Second hand stores
Sewer cleaning services
Sewing machine sales & service
Shoe repair shops
Shoe stores
Single-family attached homes
Single-family detached homes
C3 01
C2
C2 01
C3
C2
C4
RS1 RA1 RM1 Cl 01 21
C3
RS1 RA1 RM1 C1 01 I1
C3
C2
C3
C4 02
C5
Cl
C3 02
C2
I1
C3
C4 02 I1
C2 01
C3
C4 02 I1
C5
02 I1
Cl 02
C2 02
C3 02 21
C3
C5
C3
C2
C3
RA1 RM1
RS1 RA1 RM1
21
C5
I1
C5
C5
I1
C2
02
I1
Cl
01
RS1 RA1 RM1 C1
02
21
C3
C3
I1
C3
02
I1
C2
01
C5
I1
C2
02
C3
C2
I1
I1
I1
01
RS1 RA1 RM1 C1
01
Land Use
Most Restrictive
(Lowest
Most Restrictive (Lowest
Numbered) Districts Use
Numbered) Districts Use
Is Permitted In
Is Conditional In
Skating rinks, indoor
C3
Smelters
I1
Soap manufacture, treatment
I].
Sporting goods stores
C3
Stationery stores
C2
02
Stock yards
I].
Streets and alleys
RS1 RA1 RM1 Cl
01 I1
Studios, art, music, or photography
C3
02
Supermarkets
C2
Swimming pool sales (no open sales lot)
C5
Swimming pools, commercial
C3
Synthetic polymer manufacture
I1
Tailor shops
C2
Tallow, grease, land manufacture
I1
Tanning salons
C3
Tanning, curing of hides
I1
Tar distillation
I1
Tax preparation offices
C2
01
Taxidermists
C3
Telegraph offices
C3
Theatres, indoor
C3
Ticket offices, amusement
C2
Ticket offices, transportation
C2
01
Tile stores
C2
Tobacco shops
C1
O2
Tourist information centers
C4
Townhouses
RA1 RM1
Toy stores
C3
Trading stamp redemption centers
C3
Trailer & mobile home repair
C5
Trailer parks & campgrounds
C5
Trailer sales (no open sales lot)
C5
Transfer stations, sold waste
11
Travel agencies
C3
01
Truck repair shops
C5
Truck sales (no open sales lot)
C5
Truck Stops
C5
Two-family dwellings
RA1 RM1
Union halls
C3
02
Variety stores
C3
Veterinarian offices
C3
Video cassette sales & rental
C3
Wallpaper stores
C2
Warehousing & distribution
11
Water softener services
C5
Wholesaling
02 I1
Wrecking yards
C5
I1
Yard goods stores
C2
Yogurt shops
Cl
Arterial Lot Dimensions
.!
Q
F
ARTERIAL
F MAY BE LESS THAN 200 FEET
I
Igod
F
ARTERIAL
F MUST BE MINIMUM 150 FEET
I
I
u � i
F FRONTAGE ROAD
ARTERIAL
F MAY BE LESS THAN 200 FEET
R
H
H
STREET
C C
T
DF
I I
1 I
I
RF RC
C
STREET
Types of Lots
C Corner lot
T Through lot
W DF Double Frontage lot
W
Q
N I Interior lot
RF Reversed Frontage lot
RC Reversed Corner lot
1 lot 1 lot for zoning purposes
Subdivided Lot Line
Lot
Building Height -
x
IF BUILDING HEIGHT
..................Igloo 11115121111111 118111111111211111 ...oI..II..o..goloor...00.g..g..g...o.g..g
x
GABLE I HIP 1 GAMBREL
►i
Sign Height
MAXIMUM SIGN HEIGHT
---------------------------
Grade Level
*At midpoint of street line
1
1
7
1
3
Conformity to Existin
Front Yards
CORNER LOT
CS
' =
District —required
Setback
VACANT LOT
:H' b
C
F
INTERIOR LOT
VACANT LOT
District —required Setback
sell .unnu..nune
nun.nuu�uununnn.�
b
............. �. , '?NUIU...
:a.:
..............................
El
Room Addition
.........
:U CORNER LOT
S
x
8.
A
Cr
M VACANT LOT
xr
District —required Setback
e
f
Room Addition
Room addition to C reduces average of front yards of A and C, thereby
reducing the required front yard for B and allowing B to build an
addition forward of the building One.
J
Ij
VACANT LOT
.............................
b:
District —required Setback
..........................
District —required Setback
............................I
.......................good..
VACANT LOT El
.............................
..........
b
..............................
VACANT LOT
District —required Setback
.............................. ..nnu..nn.r.nnnnnIto
..........
b
El
......................
Single -Family Detached
Single -Family Attached
Townhouse
Two -Family
Multiple -Family
Dwelling T aes
or
or
or
or
H
W
W
F-
N
R
( pools, sheds, garages)
• F •
............................
smaller dimension
F FRONT YARD
R REAR YARD
CS CORNER SIDE YARD
IS INTERIOR SIDE YARD
D FRONT DOOR
Yards
............................
R
........
........
IS
IS
............................
F
STREET
STREET
rR DI.M
1182551411111
Landscaping
RESIDENTIAL ZONE
Parking Island Strip
Screen
Residential Screening Strip
Parking Screening Strip
Commercial, Office, Industrial,
or Multi -Family Use
F--'i Parking
RD Refuse Disposal Area
_j
A ,
Variances
UNDESIRABLE
`- VARIANCE
Level of land use rights in zoning district
.........................................
�,
x}}.• {
} .
�.
{f
•���
DESIRABLE
�.
VARIANCE E::
:
.:• ::.•
} {..::
.•. .'.•
. '.: :{
•:{{•. h .
•:ti :•
tit•:
S:
Property A Property B Property C
} 114
Property V:
Variance Sought
Parking Space,
Floor Area Ratio
F.A.R. 1.0
1 story on entire lot area, or
p•.
2 stories on 1/2 of lot area, or
(13
3 stories on 1/3 of lot area
J
[10