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HomeMy WebLinkAboutOrdinances - O-66-33.5 - 01/24/1966 - REPEAL AND REPLACE INDUSTRIAL PARK DISTRICT AND HLOOZE & KINNE ATTORNEYS sail W. aM snt[rr MCHF' ' ILLINOIS 0-33.` AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF McHENRY AS WAS ADOPTED ON THE 12TH DAY OF MARCH, 1962, AND AS SUBSEQUENTLY AMENDED WHEREAS, changes in conditions within the City of McHenry have been examined and noted by the City Council of the City of McHenry; and WHEREAS, such changed conditions have been examined by the City Council and by the Zoning Board of Appeals of the City of McHenry upon proper petition for hearing and proper publication of notice con- cerning such hearing, and upon an actual hearing in regard to the con of said petition, and WHEREAS, the Zoning Board of Appeals of the City of McHenry having considered the contents of said petition, and having made recom- mendations thereon in favor of the adoption of certain of the amendments as proposed therein, and WHEREAS, it is the determination of the City Council of the City of McHenry that such changes by amendment as were recommended by the Zoning Board of Appeals in regard to certain portions of the amendment are for the best interest of the public and are exclusively for the welfare of the entire community; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry that ARTICLE XIII - INDUSTRIAL PARK DISTRICT and ARTICLE XIV - "I-4" HEAVY INDUSTRIAL DISTRICT be and hereby) are repealed in their entirety, and BE IT FURTHER ORDAINED that the Zoning Ordinance of the City of McHenry be and hereby is amended as follows: ARTICLE XIII. INDUSTRIAL PARK DISTRICT. A. Purpose: The Industrial Park District is designed primarily to permit administrative, research, re- stricted industrial, light industrial, and other related activities, which do not in any way detract from the existing character of the City, and to restrict such activities to an area which is in proximity to low-lying terrain, easily accessible to the most traveled road, or roads, or to other forms of merchandise and - 1 - _OOZE & KINNE ATTORNEYS 3431 W. [LM SME[T Ace' ' ILLINOIS freight transportation. All of the following re- strictions are imposed to protect and foster the residential character of the City and to promote its orderly economic growth. B. Site Requirements: The Industrial Park District shall not have contained therein, nor shall it be in any way divided into, a building site having less than one acre minimum area. C. Standards: All buildings, structures, and uses in the Industrial Park District shall comply with the following regulations: 1. No building shall be used for residential purposes. 2. No retail sales or services shall be permitted, except as incidental or accessory to a principal and permitted use. 3. All operations, activities and storage shall be conducted or maintained wholly inside enclosed buildings. 4. No noise from the operations (other than that emanating from vehicular traffic) either continuous or intermittent, shall be detectable at the boundary line of any Residence District. 5. No toxic matter, noxious matter, smoke or gas, and no odorous or particulate matter detectable beyond the lot lines shall be emitted. 6. No vibrations shall be detectable beyond the lot line s. 7. No glare or heat shall be detectable beyond the lot lines. 8. Exterior lighting fixture shall be shaded wherever necessary to avoid casting direct light upon any Residence District or into public streets or parks. 9. No fuel except electricity, oil, or gas shall be used. 10. The storage or use of chemicals, either solid, liquid, or gas, shall be subject to the following conditions: (a) The storage, utilization, or manufacture of materials or products ranging from incom- bustible to moderate burning is permitted. (b) The storage, utilization, or manufacture of materials or products ranging from free to active burning is permitted, provided the following condition is met: said materials or products shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an auto- matic fire extinguishing system. - 2 - (c) The manufacture of flammable materials which produce explosive vapors or gases is prohibited. 11. No raw materials shall be processed into any of the following basic products: Metals of any kind, glass, plastics, textiles, leather, or paper. 12. All premises shall be furnished with all-weather surface walks, and, except for parking areas, grounds shall be planted and landscaped. D. Permitted Uses: Any building or premises within the Industrial -Park District shall be used only for the following purposes: 1. Compounding, processing, and blending of chemical products. Z. General, administrative, research data pro- cessing offices. 3. Machine shops and metal products manufacture, and tool and die shops. 4. Processing and assembling of light weight products. 5. Research laboratories. 6. Signs, subject to Article XVIII. 7. Storage warehouses for a specific business enterprise, but not including commercial storage for hire. 8. Accessory buildings incidental to the foregoing. 9. Required off-street parking. 10. Special uses, subject to the provisions of Article XV. E. Restrictions and Regulations: 1. Use: No building in the Industrial Park District shall occupy more than 60% of the lot, tract, or site provided therefor, and included in building area shall be all accessory permitted buildings. 2. Area Regulations: All structures on any interior street site within an Industrial Park District shall i be set back not less than 25 feet from the roadway right-of-way line, nor less than 75 feet from the roadway right-of-way line on any major street. Major streets shall be considered as those having the characteristics of Illinois State Routes 120 and 31. The set back shall apply to both street frontages of a corner lot. A driveway fronting the structure shall be permitted in back of the 25 foot or 75 foot set back, and access driveways may be constructed in number and width as shall be permitted in accordance with need, and upon approval of the Superintendent of Public Works. IOZE a KINNE However, no automobiles or other vehicles shall ATTORNEYS be permitted to park between the roadway and the %I W. ELM STREET front line of the structure upon the site, regarless II' LINOIS of set back. - 3 - LOOZE & KINNE ATTORNEYS 3491 W. CLM iTR[ET `Y, ILLINOIS Each principal building, or accessory building, on a site shall have a side yard of not less than 25 feet in width. Each principal building, or accessory building, shall have a rear yard of not less than 35 feet in depth. If the rear yard shall abut a residential district, nothing shall be placed or constructed upon the rear 10 feet of said rear yard. No building shall be erected in the Industrial Park District which shall be in excess of 40 feet, or three stories, whichever is less, above the grade line fronting upon the site. Each building site in the Industrial Park District shall have a minimum street frontage of 125 feet. 3. Parkin Regulations: All sites in an Industrial ark District shall provide a parking area which shall contain not less than one parking space for each three employees and, for purposes of this District, 300 feet shall be considered as the minimum square footage necessary to accommo- date a single car and to provide for appurtenant means of access to such parking. No on street parking, standing, or loading, shall be permitted in the Industrial Park District. 4. Area Development Requirements: Every Industrial District area development as set forth in this Article, in those areas such as are designated on the Zoning Map of the City of McHenry, shall be consistent with the purposes and intent of the Article and shall be laid out and developed as comprehensive units and fully integrated with the Plan, all of which shall be approved and authorized, by the City Council. 5. Street and Drivewav Improvement and Regulations: All In ustrial-Pa-rk Districts shall be developed in accordance with a plan which shall be sub- mitted to the City Council for approval prior to the improvement of any portion of the industrially - classified area. The proposed plan shall provide for streets having a right-of-way width of 33 feet from back of curb to back of opposite curb. The right-of-way paved surface inside the curbs shall be improved by 12 inches of compacted gravel, grade 7 or 9, and shall have two 1-1/4 inch layers of bituminous concrete, type B-5 (modified plant mix). The maximum size of the aggregate used in the top layer shall not exceed lj2 inch; the bottom layer of the aggregate is to consist of not less than 1 / 2, nor more than 1 inch. The bituminous prime coat on all streets is to be spread at 1/4 to 1/2 gallons per square yard, the exact application to be determined by the City Engineer upon inspection. All curbs shall be type M-6. 12. - 4 - LOOZE & KINNE ATTORNEYS 3431 W. RM i'f11ElT V -IT, ILLINOIS All driveways and parking areas on sites within an Industrial Park District shall be constructed of hard surface paving materials, either bitum- inous or better, to be laid upon all gravel of not less than 4 inches in depth. I The plan shall also provide for an easement 10 feet in width on each side of each roadway in the j area proposed to be developed. This easement shall be in favor of the City of McHenry and the terms of the grant in easement shall be such as to permit the use of each or both 10 foot ease- ments by the City for installation of water mains, storm sewer drains, sanitary sewer drains, utility lines, sidewalks, or other municipal purposes as shall be deemed necessary by the City of McHenry. 6. Approval of Plan: Any plan of development of an Industrial ark area which shall be submitted to the City Council and shall indicate develop- ment and improvem eat in accordance with the terms of this Article shall be accepted by the Council, and such acceptance and approval shall be indicated by the signature of the Mayor affixed to said plan. BE IT FURTHER ORDAINED that all property within the corporate limits of the City of McHenry which is presently classified "I-1"- One Acre Minimum Industrial Park Tract, "I-2" - Two Acre Minimum Industrial Park Tract, and "I-3" - Three Acre Minimum Industrial Park Tract, and so designated on the official Zoning Map of the City of McHenry, be and hereby is reclassified as "Industrial Park District". BE IT FURTHER ORDAINED that the Zoning Ordinance of the City of McHenry be and hereby is amended as follows: ARTICLE XIV. "I-1" HEAVY INDUSTRIAL DISTRICT. A. Purpose: The"I-l" Heavy Industrial District is designed primarily to permit administrative, industrial, and other related activities, which do not in any way detract from the character of the City and which are not per- mitted in the Industrial Park District, and to restrict such activities to an area of low-lying terrain located adjacent to heavily traveled transportation routes but in proximity to residential areas. All of the following restrictions are imposed to protect and foster the aforementioned residential character of the City. B. Standards: All buildings, structures and uses in the Heavy Industrial District shall comply with the following regulations: - 5 - _OOZE & KINNE ATTORNEYS 3431 W. ELM 8"EVr .0 ILLINOIS 1. No building shall be used for residential purposes. 2. No retail sales or services shall be permitted, except as incidental to a principal and permitted use. 3. No noise from the operations (other than that emanating from vehicular traffic) either continuous or intermittent shall be detectable at the boundary line of any Residence District. 4. No toxic matter, noxious matter, smoke or gas, and no odorous or particulate matter detectable beyond the lot lines shall be emitted. 5. No vibrations shall be detectable beyond the lot line s . 6. No glare or heat shall be detectable beyond the lot lines. 7. Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any Residence District or into public streets or parks. 8. The storage or use of chemicals, either solid, liquid or gas shall be subject to the following conditions: (a) The storage, utilization or manufacture of materials or products ranging from incom- bustible to moderate burning is permitted. (b) The storage, utilization or manufacture of materials- ranging from free to active burning and flammable materials which produce ex- plosive vapors or gages is permitted, pro- vided the following condition is met: Said materials or products shall be stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system, all in accordance with accepted best practices of the National Board of Fire Underwriters. 9. All premises shall be furnished with all-weather surface walks; and, except for parking areas, grounds shall be planted and landscaped. 10. All operation and production activities shall be conducted or maintained wholly inside an enclosed building. Where open storage is used, the area should be effectively screened from view by a decorative solid wall or fence, or dense evergreen planting of sufficient height to black out the view of the storage area from any public street, park or Residential District. No open storage shall be permitted within sixty (60) feet of an adjoining Residential District or public park. - 6 - 3OZE & KINNE ATTORNEYS �1 W VA-M STREET LLINOIS C. Permitted Uses: Permitted uses within the "I-1" Heavy Industrial District are: 1. Contractor's plant, including storage yards. 2. Building material and fuel yards. 3. Feed, flour and grain storage. 4. Warehouse and storage plants. 5. Bulk oil and gasoline storage. 6. Manufacturing plants. 7. Other industrial and manufacturing uses meeting all requirements of this and all applicable ordinances. 8. Special uses, subject to the provisions of Article XV. D. Height: No building shall be erected in the III-1" Heavy Industrial District which shall be in excess of 40 feet, or three stories, whichever is less, above the grade line fronting upon the site. E. Area Regulations: No building site in the "I-1t1 Heavy Industrial District shall be less than one acre overall. No building, or any part thereof, shall be hereafter erected, altered, or relocated so that any part of said building shall be less than 40 feet from the right- of-way line of any road upon which it fronts or abuts. No III-1" Heavy Industrial District tract shall be located so as to front upon State Routes 120 or 31, or Crystal Lake Road. Each principal building shall have a side yard on each side, the total width of both side yards not less than 50 feet, with a minimum side yard on either side of 15 feet. Each principal building shall have a rear yard of not less than 25 feet in depth. Each building site in the III-111 Heavy Industrial District shall have a minimum street frontage of 125 feet. F. Intensity of Tract Use: No building in the III-1" Heavy Industrial District, which, taken together in area with its accessory buildings, shall occupy more than 60% of the lot or tract provided. Where a tract is improved with an existing building or structure, the structure or building shall not be deemed to be nonce -conforming unless it occupies in excess of 7516 of the tract, and any such existing structure or building may be enlarged and additional buildings may be erected, provided such addition shall not, when added to the existing building or structure, occupy more than 7516 of the tract. - 7 - _OOZE & K1NNE ATTORNEYS 1431 W. ELM ST11E" ' ILLINOIS G. Road Development and Parking Regulations: Each Heavy Ina-ustrial District site shall provide a parking area which shall contain not less than 300 square feet of space for each three employees and, for the pur- poses of this District, 300 feet shall be considered as the minimum square footage necessary to acommodate a single car and to provide for appurtenant means of access to such parking. Any Heavy Industrial site, or Heavy Industrial area development, fronting on an established roadway shall be regulated as to street parking by local ordinance. If the development of such site or area shall require public road construction, such construction shall comply in all respects to the street and driveway improvements regulations as found in paragraph 5 of Section E, Article XIII, Industrial Park District. No vehicle parking shall be permitted on the required 40 foot set back, or 40 feet from either roadway in the case of a corner lot, nor shall any parking be permitted on a 33 foot roadway constructed in compliance with this section. Access driveways may be constructed in number and width as shall be permitted in accordance with need, and upon approval of the Superintendent of Public Works. BE IT FURTHER ORDAINED that all property within the corporate limits of the City of McHenry which is presently classified "I-4" Heavy Industrial District and so designated on the official Zoning Map of the City of McHenry, be and hereby is reclassified as III-1" Heavy Industrial District. BE IT FURTHER ORDAINED that ARTICLE XV - SPECIAL USES of the Zoning Ordinance of the City of McHenry be and hereby shall be amended by adding thereto the specific use, "Auto dismantling and storage of junk". VALIDITY: Should any part, or parts, of the above amendments to the Zoning Ordinance of the City of McHenry be found unconstitutional, illegal, or void, by any Court of competent jurisdiction, such finding shall not pertain to such portions of the above amendments as shall not be directly affected thereby. This amendment to the Zoning Ordinance of the City of McHenry - 8 - shall be in full force and effect ten days after its approval and publica- tion as by statute provided. Passed and approved this 24th day of January, 1966. i Mayor ATT i Clerk Voting Aye: �O.0 Gr 2, Odd wAy, 65-TTr /✓ dff G/ifo��� /"i TZc Voting Naye: 110ac- Ab s e nt: 1- ,zt C/< _OOZE & KINNE ATTORNEYS 9431 W. " WMKET .. ILLINOIS