HomeMy WebLinkAboutOrdinances - O-74-64.1 - 05/06/1974 - ZONING TEXT AMENDMENT MIN LOT AREA�7zl- � Z/
AN ORDINANCE AMENDING CERTAIN PROVISIONS
OF THE ZONING ORDINANCE OF THE CITY OF McHENRY
WHEREAS, the City of McHenry, as Petitioner, filed a
Petition before the Zoning Board of Appeals of the City of
McHenry, praying that the Zoning Board make recommendations
to the City Council concerning proposed amendments of
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certain provisions of the zoning ordinance of the City of
McHenry; and 0
WHEREAS, a public hearing was had before the Zoning V,
Q •
Board of Appeals of the City of McHenry pursuant to proper
authority and proper notice therefor having been effected
through publication as by statute provided; and
WHEREAS, the said Zoning Board of Appeals heard and
considered evidence at said hearing in regard to the alle-
gations contained in said Petition; and
WHEREAS, as a result of said hearing the Zoning Board
.of Appeals of the City of McHenry did make and deliver 1"
recommendations in regard thereto to the City Council of
the City of McHenry; and
WHEREAS, said Zoning Board of Appeals of the City of
McHenry did recommend the amendments of the zoning ordinance
of the City of McHenry hereinafter described and indicated;
and
WHEREAS, the City Council has considered such recommen-
dations.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of
the City of McHenry that the zoning ordinance of the City of
McHenry, as passed and approved on the 12th day of March,
1962, and such ordinance as subsequently amended, be and
hereby is amended as follows:
Section 1. That Article VIII, paragraph C5 is hereby
amended by changing the minimum lot area for each of the
following described residential uses so that the -required
minimum lot area for such uses will be as follows:
Multiple dwelling, apartment or
row dwelling of more than two
units regardless of the number
of bedrooms therein
Efficiency Units
2,500 square feet
per dwelling unit
2,500 square feet
per dwelling unit
Section 2. That Article XVI is hereby amended so that the
provision relating to Multiple Family District is deleted
therefrom and so that the off-street parking requirements for
multiple family uses shall be as follows:
l.a. Multiple Family Dwelling Use
irrespective of the zoning
district in which such use
is located: TWO Parking Spaces
for each dwelling
unit
Section 3. Article IX, Paragraph A2.(a) is hereby amended
so that it will read as follows:
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(a) Apartments - limited and restricted however
to only the first -floor above or below the
main f loor of buildings ink his D is r3c 3
Section 4. The definition of "Homeoccupation" in
follows:
Article II is hereby amended so that it will read
HOME OCCUPATION: Any use customarily conducted entirely
within the main dwelling and carried on by the occupants
thereof which use is clearly incidental and secondary
to the use of the dwelling for dwelling purposes and
does not change the character thereof, and in connect
on storage fion
with which there is no display, no outside
equipment and no external evidence outside of the
building of the operation of such use. Such uses as
the office of a physician, surgeon, dentist, lawyer,
clergyman, engineers, architects, and accountants, sitting
artist studios, beauty parlors, dress making,
baby and boarders and roomers(limited to
asnursingand
iuttwo)
shall
econdeemed
to be home occupations. Such
valesent homes, funeral homes, dance studios, barber shop, .
used car lots, rental and sale of trailers, car or truck
repair, music studios, chiropractoriffices be or clinics
and taxicab operations of any kind, shall
deemed
to be home occupations.
Section �. That Section 12 of the amendatory zoning
ordinance of the City of McHenry passed and approved on
August 30, 1971, be and the same is hereby repealed;
thatofll
height restrictions as contained in the zoning
ordinancethe City of McHenry as passed and adopted on the 12th day
of March, 1962, and as subsequently
ustamended
behandathersame
to
and including the
th day of completelyure-instated.
are hereby fully and
Section 6. That taxicab °strict°nandshall
thatbArticletXId
only in the "B-3" Commercial Di
A 21 be and the same is hereby amended to read as follows:
21. taxi cab operations.
Section 7. That Article XXVIII be and the filingme fee
is
hereby amended by changing and increasing
the therein to One Hundred Dollars.
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Section-8. Article XXII, paragraph B4 and paragraph C
be and the same are hereby amended to read as follows:
4. The petitioner, his attorney or his agent, shall
also furnish the City Clerk with the full names
and addresses of the persons who have last paid
taxes on all property contiguous to or abutting
the parcel or parcels concerned in the petition,
including such taxpayers of record as may own
property across the road, street or alley, which
may abut the premises concerned on one or more
sides. It shall also be the duty of the petitioner,
his attorney or his agent to send such persons a
copy of the publication notice concerning the
hearing, by certified mail, mailed no more than
30 nor less than 15 days prior to said hearing.
At the hearing, Petitioner shall furnish the
Zoning Board of Appeals with an affidavit showing
compliance with these mailing requirements.
C. Petitioner shall arrange for publication of all
notices directly with the publisher at Petitioner's
expense. All publication notices shall contain
a simple description of the property as to area and
location, of such nature as to enable the ordinary
reader to accurately locate such parcel. This
description shall be in addition to the required
metes and bounds or lot and block description. A
publisher's certificate of publication shall be
filed by Petitioner at the beginning of the hearing.
Section 9. The said zoning ordinance of the City of
McHenry be and the same is hereby amended by adding thereto
the following Article VIII -1:
Article VIII-1. "R-5" Condominium District.
A. Use Regulations. Permitted uses are:
1. All of the condominium uses included within the
scope and operation of the Condominium Property
Act of Illinois (Illinois Revised Statutes,
Chapter 30, Sections 301, et. seq.).
2. Required off-street parking -- every dwelling unit
shall be provided with the same minimum off-street
parking facilities as required for a multi -family
dwelling use.
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B. Height: No building or structure shall hereafter be
erected, altered or enlarged to exceed two and one-half
(2-1/2) stories nor to exceed thirty-five (35) feet
in height.
C. Areas: No building or structure shall hereafter be
erected and no building or structure shall hereafter
be enlarged which would when erected conflict with
or when enlarged or altered further conflict with
the following requirements for yards and lot areas
and coverage of lot:
1. Front Yard: There shall be a front yard of not
less than thirty (30) feet.
2. Side Yard: On interior lots there shall be a
side yard on each side of the main building.
Each such side yard shall be ten (1Q) per cent
of the width of the lot, but in no instance shall
it be necessary to have a side yard of more than
ten (10) feet on each side. On corner lots the
side yard on the intersecting street side shall
not be less than ten (10) feet, except in the
case of a reversed corner lot, where there shall
be a side yard on the street side of the corner
lot of not less than fifty (50) per cent of the
front yard required in the lots in the rear
of such corner lot. No accessory building on
said reversed corner lot shall project beyond
the front yard line required on the adjacent
lot in the rear, nor be located nearer than five
(5) feet to the side lot line of such adjacent
lot.
3. Rear Yard: There shall be a rear yard of not less
than twenty-five (25) feet for interior lots, nor
less than fifteen (15) feet for corner lots.
4. Lot Coverage: Not more than thirty-five (35)
per cent of the area of a lot may be covered by
buildings or structures.
5. Lot Area: No building shall hereafter be erected
or structurally altered on any lot less than
fifty (50) feet in width nor less than six
thousand (6,000) square feet in area except
that a single family dwelling may be erected
on any lot of small area and less width which
has been duly recorded prior to the passage of
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