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HomeMy WebLinkAboutOrdinances - MC-94-630 - 12/12/1994 - Zoning ordinance various test amendments regardinCITY OF MCHENRY 333 SOUTH GREEN STREET MCHENRY ILLINOIS 60050 ORDINANCE NO roc-94-630 ZONING FILE NO z-389 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MCHENRY, ILLINOIS, BY GRANTING A TEXT AMENDMENT THEREON Whereas, a written Petition signed by the City of McHenry has been filed with the City Clerk of the City of McHenry, Illinois requesting the granting of a text amendment under the provisions of the Zoning Ordinance of the City of McHenry, as amended. Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on November 28, 1994, at which time the Zoning Board of Appeals did take evidence and view exhibits presented thereat by the Petitioner; and, Whereas, based on evidence heard, the Zoning Board of Appeals found that there was no overriding reason for granting the requested zoning text amendment which would restore the provisions and requirements of the C-4 Zoning District as it was prior to its amendment in December 1993; and, Whereas, the Zoning Board of Appeals did not find that it would serve the best interests of the City, however the City Council finds that it would serve the interests of the City if the text amendment requested were granted, in that: A. THE PROPOSED TEXT AMENDMENT IS COMPATIBLE WITH THE INTENT OF THE ZONING ORDINANCE AS ORIGINALLY ADOPTED. The proposed text amendment would restore the zoning ordinance back to its original form with regard to the C-4 District as approved in 1986 at the time of its adoption. B. THE TREND OF DEVELOPMENT IN THE GENERAL AREA i SUPPORTS THE PROPOSED TEXT AMENDMENT. The proposed text amendment would assure that all C-4 commercially zoned properties would be subject to the same restrictions and regulations. C. THE PROPOSED TEXT AMENDMENT 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. The proposed text amendment would assure that all properties developed or changed in the downtown district would be treated uniformly. D. THE PROPOSED TEXT AMENDMENT PROMOTES THE PUBLIC INTEREST AND NOT SOLELY THE INTEREST OF THE APPLICANT. Inasmuch as the City of McHenry is the applicant, the proposed text amendment would be beneficial to all who reside in or do business in its corporate boundaries. Now, therefore, be it ordained by the City Council of the City of McHenry, Illinois, as follows: Section 1: That a text amendment is hereby granted to amend the Zoning Ordinance of the City of McHenry as follows: A) Amend Table 6 of the Zoning Ordinance for the City of McHenry with regard to the C-4 Zoning District so that it will read as follows: PERMITTED Use Groups (c) F,H,J,L CONDITIONAL Use Groups (d) G,I,KIM B) Repeal Group L of Table 7 of the City of McHenry Zoning Ordinance and replace as follows: GROUP L: ADDITIONAL PERMITTED USES IN C-4 AND HIGHER - NUMBERED COMMERCIAL DISTRICTS 1. Off-street parking lots, public garages, or storage garages as Principal Uses. 2. Dwelling units above the ground floor in buildings with a ground floor in non- residential use. 3. Plazas and public spaces. 4.' Radio and television stations and studios. 5. Recording studios. 6. Tourist information and hospitality center. C) Repeal Group M of Table 7 of the City of McHenry Zoning Ordinance and replace as follows: GROUP M- CONDITIONAL USES IIN C-4 AND HIGHER -NUMBERED COMMERCIAL DISTRICTS 1. Convention halls. 2. Exhibit halls. D) Delete the phrase EXCEPT C-4 from the heading for each of the following Groups in Table 7 of the Zoning O�dinance so that they will read as follows: GROUP G• CONDITIONAL USES IN ALL COMMERCIAL DISTRICTS GROUP H• ADDITIONAL PERMITTED USES IN C-2 AND HIGHER - NUMBERED COMMERCIAL DISTRICTS GROUP J- ADDITIONAL PERMITTED USES IN C-3 AND HIGHER - NUMBERED COMMERCIAL DISTRICTS Section 2: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are hereby repealed to the extent of such conflict. Section 3: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. Section 4: 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 12th day of December 1 1994. AYES: Bolger, Locke, Lawson, Baird NAYS: ABSTAINED: None ABSENT: None NOT VOTING: None Approved this 12th day of December 1994. MAYOR ATTEST: