Loading...
HomeMy WebLinkAboutOrdinances - MC-91-553 - 02/06/1991 - amend zoning ordinance various text amendments11 ORDINANCE NO. MC-91-553 .•� BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. That the Zoning Ordinance of the City of McHenry, Illinois is hereby amended in the following respects: 11 1. That Table 4 thereof is hereby amended by changing the minimum lot area requirements for all dwelling units in the RS2 District from a minimum of 10,000 square feet to a minimum of 10,890 square feet. 2. That Section VIIB5 thereof is hereby amended to read as follows: "Where more than 4 parking spaces abut on a sidewalk, wheel guards, bumper guards or curbs shall be installed with respect to such spaces so as to prevent parked vehicles from extending beyond the parking surface." SECTION 2. That the Zoning Ordinance of the City of McHenry, Illinois is amended by adding thereto the following CO Conservancy Overlay District zoning classification provision as Section VI-1 thereof: VI-1 CO, CONSERVANCY OVERLAY DISTRICT Purpose: This is an overlay district that imposes requirements in addition to those of one or more underlying zoning districts. It is intended: 1. to control development in areas subject to flooding and high ground water levels and thereby prevent property damage in those areas and in these surroundings; 2. To protect areas of special environmental sensitivity by directing development to other portions of a site; 3. to preserve natural drainage ways for economical disposal of storm water; 4. to insure that adverse soil conditions are overcome prior to development; 5. to accomplish the foregoing objectives without economic loss to the property owner by permitting a transfer of land use intensity from the conservance area to other portions of a development site. SECTION 3. That Section VII B 11 of the Zoning Ordinance of the City of McHenry, Illinois is hereby amended to read as follows: 11. Bicycle Parking. All uses, providing over 25 spaces shall provide space and facilities for bicycle parking.• This provision is not applicable to properties zoned: Business Park or Industrial District classifications. SECTION 4. That the Zoning Ordinance of the City of McHenry, Illinois is hereby further amended in the following respects: 1. The statement of purposes for RS-3 Medium High - Density Single -Family Residential District in Section IV, Paragraph B, is changed to read as follows: "Purpose: This district is intended to provide for the appropriate zoning of land which was classified RS-3 district on September 1, 1990." 2. The following provisions are added to Section III as Paragraph M thereof: M. IDENTICAL AND SIMILAR USE DESCRIPTION LISTINGS IN DIFFERENT USE GROUPS 1. Identical Use Descriptions Listed Both as Permitted Uses and as Conditional Uses. Where an identical use description is listed, both as a Conditional Use and as a Permitted Use in the same zoning district, the use shall be construed as a Conditional Use. 2. Similar Use Descriptions Listed as Permitted uses in Different Zoning Districts or Listed as Conditional uses in Different Zoning Districts. Where a proposed use can logically be included under similar use descriptions in different Permitted Use Groups or in different Conditional Use Groups, such use shall be construed as being included within that use description which is the most specific or narrow in scope. 3. Similar Use Descriptions Listed Both as a Permitted Use and as a Conditional Use Where a proposed use can be included in a use description of a Permitted Use Group in one zoning district and in a use' description of a Conditional Use Group in: another zoning district, such proposed use shall be construed as being included within the Conditional use Group and excluded from the Permitted Use Group. 3. That conditional use approval criteria number 6 in Table 31 of the Zoning Ordinance is changed to read as follows: 116. Other Factors. The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location." 4. The following zoning district classifications are added to Section IIIA of the Zoning Ordinance: E, Estate District CO, Conservancy Overlay District BP, Business Park District 5. An E, Estate District zoning classification is hereby added to Section IVB of the Zoning Ordinance as an additional single family zoning district, as follows: E ESTATE DISTRICT Purpose: This residential land use is to provide land outside of the intensely developed portions of the City for low -density estate single-family residences of not less than one acre. 3 6. Table 4 of the Zoning Ordinance is amended by adding thereto the following requirements for the E, Estate District Zoning classification: Minimum lot AREA per dwelling unit in square feet (g)* Efficiency unit Not Permitted 1-Bedroom unit 1 Acre 2-Bedroom unit 1 Acre 3-Bedroom unit 1 Acre 4-Bedroom & larger unit 1 Acre Minimum lot WIDTH per dwelling unit in feet 150 Abutting arterial street (b) 200 Minimum FRONT YARD depth in ft. (c)*** 50 Minimum CORNER SIDE YARD width in feet (c) 25 Minimum INTERIOR SIDE YARD width in feet: (c) (d) 10% Lot Width Minimum REAR YARD depth in ft. (c) 40 Maximum building HEIGHT in feet for residential uses only 35 Minimum percent of net site area in: UNCOVERED Space - NON -VEHICULAR space PERMITTED Use Group(s) (e) (h) A CONDITIONAL Use Group(s) (f) B PARKING & LOADING As provided in Section VII. LANDSCAPING & SCREENING As provided in Section VIII. SIGNS As provided in Section IX. OTHER Requirements As provided in General Residential District Regulations and General District Regulations. 7. The Notes relating to Table 4 are hereby amended by adding the following as note (h): (h) alleys are not permitted in the E Estate District. S. That A-M Agricultural and Mining Overlay District is hereby re -designated as Paragraph D of Section VI of the Zoning Ordinance and the following BP, Business Park District Zoning classification provisions are added to the Zoning Ordinance as Paragraph C of Section VI thereof: 4 C. BP, BUSINESS PARK DISTRICT 1. Purpose: This district is intended to: (a) Provide a course of predictability in Business Park development, set a minimum level of standards by which a Business Park can be developed, and establish a regulatory framework within which the community and the developer can work together to plan rationally for future business and industrial growth; Regulation: As provided in Tables 8 and 9. A (b) Provide for maintenance of open space areas, water detention areas, landscaping and other common areas to promote an attractive and aesthetically pleasing corporate environment; (c) Provide for adequate transportation mobility into and throughout the Business Park as to avoid traffic congestion problems; (d) Promote a planned business environment that stresses employee amenities, maintained in a high quality fashion consistent with first class office/industrial developments within the metropolitan area. 2. PROHIBITED USES. The following operations and uses shall not be permitted on any property within the Business Park District: (a) Junkyards (b) Refining of petroleum or of its products (c) Commercial excavation of building materials (d) Dumping, disposal, incineration, or reduction of garbage, sewage, or other refuse (e) Concrete mixing plants and other outside bulk material handling and mixing processes 3. Development Standards (a) Parking Requirements: No parking shall be permitted on any street or at any other place other than on paved parking 5 spaces to be constructed on each lot. Off - Street Parking shall be in accordance with the provisions of Section VII of the Zoning Ordinance. (b) Landscaping: In an attempt to unify the building sites and their architecture in the Business Park, landscaping as a design element shall play the key role in creating and conveying the park- like working environment. Landscaping shall be in accordance with the provisions of, Section VIII of the Zoning Ordinance. (c) Water Retention/Detention Areas: To increase the maximum allowable building -to - gross land area ratio, water retention/ detention areas shall be provided in one or more locations in the Business Park to handle storm water drainage from all improved sites within the Business Park. The water retention/ detention areas shall be landscaped as to maintain aesthetic conformity with the entire Business Park landscape design. Such water retention/detention areas and any lot retention/detention areas shall be maintained to achieve a high -quality environment by the owner or a Property Owner's Association and their successors and assign. (d) Maintenance of Improved Sites and Condition of Improved Lots: Sites that are not improved or built upon shall be maintained in a clean and neat appearance by the property owner. Weeds and brush shall be removed as required by City ordinances. The owner or occupant of any lot shall at all times keep it and the buildings, improvements, and appurtenances thereon in a safe and clean condition and comply with all applicable governmental, health, fire, and safety ordinances and regulations. Trash shall be removed expeditiously. (e) Storage Service and Maintenance Areas: Storage, service, and maintenance, (hereinafter collectively referred to as 6 "Storage Areas") areas must be constructed, maintained, and used in accordance with the following conditions: No materials, trash, supplies, or equipment shall be stored upon a site except inside a closed building or behind a durable material wall to match adjacent building construction not less than six (6) feet in height, screening such material, supplies or equipment from adjacent sites so as not to be visible from neighboring properties and streets. No stored items may protrude above the screen., The outdoor storage of uncontained bulk, material is prohibited. Any outdoor storage areas shall be located in the side or rear yard adjacent to the main structure and not exceed 1,000 square feet in area. Any attempted variation from these standards shall require a Conditional Use Permit. Refuse shall not be visible from outside the refuse enclosure. All trash receptacles shall be confined to the rear yard of all lots. Storage areas shall be kept in a neat and orderly manner. The contents of all storage and trash areas must be directly related to the primary use of the business. Refuse collection enclosures shall be designed of durable materials with finishes and colors which are unified and harmonious with the overall architectural theme. (f) Loading: Sufficient space for loading and unloading shall be provided on each lot to accommodate trucks not less than seventy (70) feet in length. Improvements shall be designed and located on each building site so that vehicles may not be loaded or unloaded on or from any street. All docks which face the street or opening only a yard which is adjacent to a residential district must be interior and enclosed except for buildings of less than 30,000 square feet. For buildings under 30,000 square feet, exterior docks may face streetside, but shall be set back a minimum of seventy (70) feet from the front of the building. Such exterior docks shall be designed as to not hamper pedestrian movement in and out of the building. 7 (g) Architecture: (1) Building exterior wall materials: For buildings of 20,000 square feet or less, the front exterior walls shall be defined as the closest wall to the most major of streets the property adjoins and shall be of masonry, stone, glass or architectural precast concrete panels. The side exterior walls facing the interior and rear yards may be of metal. except that the lower third or lower seven (7) feet, whichever is less, of the wall shall be of masonry, stone, glass or architectural precast concrete panels. In no event shall plain concrete blocks be allowed on any exterior surface of a building. For buildings of more than 20,000 square feet, the same restrictions as above shall apply, except that the lower four (4) feet of the side exterior wall facing the interior and rear yards shall be of masonry, stone, or architectural precast concrete panels. (2) Height Limitations - No building erected shall exceed thirty-five (35) feet in height. If building exceeds thirty-five ( 3 5 ) feet in height, the front yard and the corner side yard setback shall be increased by one (1) foot for every one (1) foot in excess of thirty-five (35) . The maximum height shall not exceed (50) feet. (3) Rooftop Appurtenances - No part of any rooftop HVAC Unit nor other rooftop appurtenances including chimneys, cooling tower, etc., nor screening of roof appurtenances shall be installed above the maximum permitted building height. All cooling towers, mechanical equipment or appurtenances, vents, intakes or stacks or other rooftop structures, shall be screened from view on all sides of the building by a parapet wall, solid metal sight screening or similar systems designed for use as screening of these 8 types of devices. All screening shall comply to all building and fire codes for appearance, fire rating, wind load and structural integrity. All screening shall be of a material and color compatible with the materials used on the exterior of the building, the intent being that the screening system is designed so as to be an architectural component, consistent with the overall building design. (h) Lighting Guidelines - Objectives of Properly. Designed Lighting: (1) To contribute to the safe and efficient use of a development site; (2) To contribute to the site security; (3) To complement and reinforce the architecture and site design character; (4) To keep on -site parking lot lighting fixtures and illumination levels consistent throughout the Business Park; (5) To prevent casting glare onto adjacent lots and streets; (6) To encourage conformity with energy - saving guidelines, and (7) Architecturally, to articulate and animate the particular building design, as well as provide the required functional lighting for safety and clarity of pedestrian movement. 9. Table 9 of the Zoning Ordinance is hereby amended by changing the title of Table 9 to read "Permitted and Conditional Uses in Office, Business Park and Industrial Districts" and by adding thereto the following Use Groups: Use Group V. Permitted Uses In a Business Park District. The uses hereinafter permitted shall be restricted to those which require a pleasant, hazard -and -nuisance free environment, (located in a mutually compatible environment within a large park and campus -type setting) and do not create either an appreciable nuisance or hazard to other property, individuals or the public in general: 1. of f ice 2. service 3. limited retail 4. hospitality 5. institutional 6. medium restrictive industrial 7. warehousing Use Group W. Conditional Uses In A Business Park. District. 1. Uses allowed as Permitted Uses in the C-5 District. 2. Outdoor storage tanks 10. Section VIII is hereby amended by adding the following.as Paragraph M thereof: M. Additional and/or Different Landscaping Requirements for Business Park District. 1. Curbing in Parking Area: All parking island strips and parking perimeters shall be separated on all sides from the parking surface by concrete curbing. 2. Uses Requiring Landscaping or Screening: A minimum of 5 percent of the parking area in Industrial Uses and 10 percent in all other uses shall consist of landscaping. Any landscaped strip required hereunder may be credited toward this requirement. A screen for off-street loading shall be a minimum of 6 feet high. 3. Sizes of Minimum Plant Materials at Planting: (1) Shade Tree: a deciduous tree with a minimum caliper of 3 inches. (2) Conifer: A coniferous tree with a minimum 6 foot height. (3) Ornamental: A deciduous tree or large shrub with a minimum caliper of 2 inches or minimum height of 6 feet. 4. Street Plantings: The standards are expressed in terms of shade trees required per lineal foot of roadway, easement, or buffer strip, and include the full width of each. For determining numbers of conifers and ornamentals applicable to the standard, a conifer at least 10 feet in height shall equal a shade tree, and two (2)° ornamentals as specified above shall equal a shade tree. (1) Major Entry: (i) Boulevards (first 400 lineal feet) ; One tree each side per 40 lineal feet of roadway. (ii) Median: Two (2) trees per 40 l.f. of medium length plus one (1) tree for each 25 l.f. of median where median is wider than 30 feet. (2) Street and Highway Perimeter Boundaries: (i) Wherever perimeter boundaries of the Business Park abut any street or highway, Primary Screening by berm shall be not less than 2 feet in height nor greater than 8 feet in height, averaging 4 feet in height. (ii) Provide one (1) shade tree per 40 l.f. of frontage. (3) Preservation of Trees: All reason- able efforts shall be made to pre- serve the existing trees on each building site. At the time of subdivision, Owner shall submit a tree inventory and locational survey of all existing trees in excess of 6 inches in caliper. 11 (4) Building Site Plantings: Each building shall include a minimum of one (1) shade tree in frontage areas for each 50 l.f. of building site frontage. It is recommended that trees be grouped in clusters. All exterior on -site utilities, including but not limited to drainage systems, sewers, gas lines, water lines, and electrical, telephone, and communications wires shall be installed and maintained. underground. (5) Not more than 70% of the green space area shall be planted in grass; the remaining 30% shall be composed of living organic materials; and no more than 5% of the total landscape plan shall be composed of non -living materials. 11. Section VIII is amended as follows: 1. Delete the word "appropriate" from paragraph A of said Section. 2. Add the words "and liable" immediately following the word "responsible" in paragraph J of said Section. 12. Section IXB of the Zoning Ordinance is amended by adding the following provisions as and for paragraph 10 thereof: 1110. Additional regulations regarding signs in the Business Park District. No permanent signs, billboards or advertising devices of any kind shall be placed or otherwise installed on any lot or improvement, except such signs as may be necessary to identify the business conducted on such lot: directional signs, informational signs, and signs offering the premises for sale or lease. In no event, shall there location in the property flashing sign, signs with signs which revolve, mov parts. No rooftop sign sh Individual exterior signs the aesthetic integrity of 12 be erected on any any neon sign, moving lights, or e or have moving all be permitted. shall contribute to the Business Park. 13. Table 8 of the Zoning Ordinance is amended by adding thereto the following requirements for the BP Business Park District Zoning classification and the following footnotes thereto: Table 8: Office, Business Park & Industrial District Requirements. Minimum LOT AREA in sq. ft. Minimum LOT WIDTH 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) BP 10,000 [e] 50 [f] , 50 [f] 50 [g] 15 [h] 15 [h] 20 [h] 20 [h] .50 V W 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 [e] No Building Permit will be issued to any parcel of land in a Business Park District containing less than 40,000 sq. ft. [f] No Building Permit will be issued to any parcel of land in a Business Park District having a width of less than 200 feet at the building line. [g] A green space having a minimum width of 25 feet shall be provided between the front parking curb of any parking area and the property line and a minimum width of 10 feet shall be provided between the back curb of any parking area and the building. The front parking area shall be 13 partially screened from view from the street by berming and/or landscaping. [h] A green space having a minimum width of 10 feet shall be provided between the front parking curb of any parking area and the property line. 14. Table 18 of the Zoning Ordinance is hereby amended in the following particulars: 1. Add the words "Business Park" immediately following the word "Office" whenever it appears in said Tables. 2. Add the footnote "[e]" to the column heading "Numbers Permitted Per Lot." ' 3. Add the following as footnote [e]: [e] In the case of Business Park property the word "lot" shall mean a lot, or combination of lots, having a ,minimum area of 40,000 square feet. SECTION 5. 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 6. 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 7. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as provided by law. 14 SECTIONS 1 and 2 of this ordinance, passed this 6th day of February, 1991. AYES: Teta, Lieder, McClatchey, Patterson, Busse NAYS: Bolger, Donahue, Smith, Serritella ABSTAINED: None ABSENT: None NOT VOTING: None SECTION 3 of this ordinance, passed this 6th day of February, 1991. AYES: Bolger, Donahue, Teta, McClatchey, Busse NAYS: Lieder, Smith, Patterson, Serritella ABSTAINED: None ABSENT: None NOT VOTING: None SECTION 4 of this ordinance, passed this 6th day of February, 1991. AYES: Bolger, Donahue, Lieder, McClatchey, Patterson, Serritella, Smith, Teta NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None This ordinance approved this 6thlay of ATTEST: CITY CLERK 15 1991.