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Home My WebLink AboutOrdinances - O-78-163 - 08/21/1978 - AMEND TEXT OF ZONING ORDINANCE - VARIOUS AMENDMENT0-163 AN ORDINANCE AMENDING 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 recommenda- tions to the City Council concerning proposed amendments of the zoning ordinance of the City of McHenry; and WHEREAS, a public hearing was had before the Zoning 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 allegations 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 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 recommendations. 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 III of the Amended Zoning Ordinance of the City of McHenry, Illinois, may be and the same is hereby amended by adding thereto the following three additional regulatory Districts, thereby increasing the number of such regulatory Districts therein from twelve to fifteen: R-4A Multi -Family District R-4B Multi -Family District R-5A Condominium District SECTION 2. That Article VIII-1 of the Amended Zoning Ordinance of the City of McHenry, Illinois, may be and the same is hereby amended to read as follows: ARTICLE VIII-1 "R-4A" MULTI -FAMILY DISTRICT. A. Use Regulations: Permitted uses are: 1. Any use permitted in the "R-3" Single -Family District, including Special Uses, subject to the provisions of Article XV. 2. Row dwellings containing three (3) or more family units. 3. Multiple dwellings and apartments. 4. Efficiency units. 5. Signs, subject to Article XVIII. 6. Required off-street parking. B. Height: The same height regulations shall apply as required in the "R-4" Multi -Family District. C. Areas: The same area regulations shall apply as required in the "R-4" Multi -Family District, except that the provisions therein relating to minimum lot width shall be increased herein to seventy-five (75) feet, the minimum lot areas of such lots shall be increased herein to ten thousand (10,000) square feet and the minimum lot area per dwelling unit shall be increased herein to four thousand three hundred (4,300) square feet per dwelling unit. SECTION 3. That the Amended Zoning Ordinance of the City of McHenry, Illinois, may be and the same is hereby amended by adding thereto the following as and for Article VIII-2: ARTICLE VIII-2 "R-4B" MULTI -FAMILY DISTRICT. A. Use Regulations: -2- Permitted uses are: 1. Any use permitted in the "R-3" Single -Family District, including Special Uses, subject to the provisions of Article XV. 2. Any use permitted in the "R-4A" Multi -Family District. B. Height: The same height regulations shall apply as required in the "R-4" Multi -Family District. C. Areas: The same area regulations shall apply as required in the "R-4" Multi -Family District except that the provisions therein relating to minimum lot width shall be increased herein to seventy-five (75) feet, the minimum lot area of such lots shall be increased herein to eleven thousand (11,000) square feet and the minimum lot area per dwelling unit shall be increased herein to five thousand five hundred (5,500) square feet per dwelling unit. SECTION 4. That the Amended Zoning Ordinance of the City of McHenry, Illinois, may be and the same is hereby amended by adding the following thereto as and for Article VIII-3: ARTICLE VIII-3 "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 3012 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. 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 (10) percent 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. -3- 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) percent 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) percent 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 seventy-five (75) feet in width nor less than ten thousand (10,000) square feet in area except that a single-family dwelling may be erected on any lot of smaller area and less width which has been duly recorded prior to the passage of this ordinance if it was then and still remains separately owned from adjoining lots on either side. Every residen- tial building hereafter erected or structurally altered for use other than for a single-family dwelling shall provide a minimum lot area of four thousand three hundred (4,300) square feet per dwelling unit. 6. Accessory Building: The same regulations shall apply as required in the "R-3" Single -Family District. SECTION 5. That the Amended Zoning Ordinance of the City of McHenry, Illinois, may be and the same is hereby amended by adding the following thereto as and for Article VIII-4: ARTICLE VIII-4 "R-5A" CONDOMINIUM DISTRICT. A. Use Regulations: Any use permitted in the "R-5" Condominium District. B. Height: The same height regulations shall apply as required in the "R-5" Condominium District. C. Area: The same area regulations shall apply as required in the "R-5" Condominium District, except that the provision therein relating to minimumlot -4- area of such lots shall be increased herein to eleven thousand (11,000) square feet and the minimum lot area per dwelling unit shall be increased herein to five thousand five hundred (5,500) square feet per dwelling unit. SECTION 6. Paragraph 14 of Article IV of the Amended Zoning Ordinance may be and the same is hereby amended to read as follows: Whenever any annexation of any territory to the City of McHenry is not made pursuant to an annexation agreement which expressly provides for the specific zoning district classification thereof, such territory shall be automatically classified as either R-1, R-20 R-3 or R-3A Single -Family Residence District according to the number of square feet contained in the parcel, tract, plot or lot annexed, as follows: Number of Square Feet in Parcel, Tract, Plot or Lot 40,000 or more 20,000 to 39,999 10,000 to 19,999 7,500 to 9,999 Automatic Zoning District Classification R-1 R-2 R-3 R-3A and shall be bound by the regulations of such Zoning District Classification as are established and set forth in the Zoning Ordinance of the City of McHenry and such Ordinance as amended. SECTION 7. All ordinances and parts thereof, in conflict with the terms and provisions of this ordinance be and the same are hereby repealed to the extent of such conflict. SECTION 8. This ordinance shall be published in pamphlet form by and underthe authority of the corporate authorities of the City of McHenry, Illinois. SECTION 9. This ordinance shall be in full force and effect from and after its passage and approval as by law provided. PASSED this 21st day of August, 1978. AYES:Rogers, Schooley, Adams, Smith, Nolan, Harker, Bolger, Datz NAYS: None ABSENT: None APPROVED this 21st day of August, 1978. Mayor ATTEST: f i�r f'.l Arlr