HomeMy WebLinkAboutOrdinances - ORD-12-1579 - 02/06/2012 - CUP OPEN LOT VEHICLE SALESORDINANCE NO. ORD-12-1579
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW
MOTOR VEHICLE REPAIR, OPEN LOT VEHICLE SALES AND OUTDOOR
STORAGE OF MOTOR AND RECREATIONAL VEHICLES FORTHE
PROPERTY LOCATED AT 909 N FRONT STREET, IN THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule
municipality as contemplated under Article VII, Section 6, of the Constitution of' the State of
Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule
powers and functions as granted in the Constitution of the State of Illinois.
WHEREAS, a petition has been filed by Ernesto Baggio requesting a Conditional
Use Permit to allow motor vehicle repair, open lot vehicle sales and outdoor storage of
motor and recreational vehicles, for the property legally described on Exhibit "A" attached
hereto and incorporated herein, the "SUBJECT PROPERTY"; and
WHEREAS, a public hearing on said petition was held before the Planning and
Zoning Commission on January 19, 2012, in the manner prescribed by ordinance and
statute, and as a result of said hearing, the Planning and Zoning Commission did
recommend to the City Council the granting of the requested Conditional Use Permit; and
WHEREAS, the City Council has considered the evidence and recommendations
from the Planning and Zoning Commission and finds that the approval of the requested
Conditional Use Permit is consistent with the objectives of the City of McHenry Zoning
Ordinance to protect the public health, safety, morals and general welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That the SUBJECT PROPERTY is hereby granted a Conditional Use
Permit to allow motor vehicle repair, open lot vehicle sales and outdoor storage of motor
and recreational vehicles subject to the following conditions:
1. Outdoor storage area is limited to the west of the existing building and south of the
John Street right-of-way and storage area must be secured and include some type of
security control/device during non -business hours or minimal security lighting;
2. Outdoor storage area, pole buildings and general area west and north of the principal
building shall generally not be accessible to general public with the exception of
parking vehicles for storage or repair;
3. All deliveries should be made using the John Street right-of-way and net directly off
Route 3 1;
4. Outdoor storage of inoperable vehicles as defined in Municipal Code Chapter 27, for
more than 60 days, is prohibited;
5. Installation of a 100% opaque, minimum six-foot fence south of the building west to
the property line and repair/replacement of dilapidated fencing to the north shall be
required as indicated in the applicant's narrative;
6. Automobile repair shall generally be limited to inside the building but is strictly
prohibited east of the principal building;
7. Outdoor storage of commercial vehicles must comply with zoning; ordinance
restrictions;
8. Customer parking spaces must be striped, employee parking marked and parking
area must be compliant with the lighting ordinance;
9. Open lot vehicle sales shall generally occur cast of building only and vehicles for
sale should be contained in the same area, not impede access or circulation and
cannot occupy required customer or employee parking spaces
SECTION 2: In granting said Conditional Use Permit, the City Council finds that the
requirements of Table 31 of the Zoning Ordinance have been met in that:
I Any adverse impact of types or volumes of traffic flow not otherwise typical
in the zoning district has been minimized.
2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of
light or air, or other adverse environmental effects of a type or degree not
characteristic of permitted uses in the zoning district, have been appropriately
controlled;
3. The proposed use will fit harmoniously with the existing natural or man-
made character of its surroundings, and with permitted uses in the zoning
district. The use will not have undue deleterious effect on the environmental
quality, property values, or neighborhood character already existing in the
area or normally associated with permitted uses in the district.
4. The proposed use will not require existing community facilities or services to
a degree disproportionate to that normally expected of permitted uses in the
district, nor generate disproportionate demand for new services or facilities,
in such a way as to place undue burdens upon existing development in the
area;
5. The proposed use will not be detrimental to the safety or health of the
employees, patrons, or visitors associated with the use nor of the general
public in the vicinity; and
6. The proposed use is in harmony with all other elements of compatibility
pertinent to the Conditional Use and its particular location.
SECTION 3: All Ordinances or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 5: 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 6TH DAY OF FEBRUARY, 2012.
AYES: SANTI,GLA13,SCHAEFER,BLAKE,WIMMER,PETERSONI,CONDON
NAYS: NONE
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 6TH DAY OF FEBRUARY, 2012.
MAYOR
ATTEST:
C71Y ERK