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HomeMy WebLinkAboutOrdinances - ORD-12-1584 - 04/16/2012 - GRANT USE VARIANCE TO ALLOW INDOOR TACTICAL SHOOTIORDINANCE NO. ORD-12-1584 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW AN INDOOR TACTICAL SHOOTING RANGE AT 5002 W ELM 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; and WHEREAS, a petition has been filed with the City by Herb Regan, requesting a use variance to allow an indoor tactical shooting range at 5002 W Elm Street "SUBJECT PROPERTY", legally described on Exhibit A, attached hereto and incorporated herein, and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on March 15, 2012 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission did not recommend approval of the requested use variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and the City Council finds that the approval of the requested use variance 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: The SUBJECT PROPERTY is hereby granted a Use Variance to allow an indoor tactical shooting range on the SUBJECT PROPERTY, subject to the following conditions: I . Use Variance shall be null and void if indoor tactical firearms range closes the business and ceases operation for 90 consecutive days, but shall not include closing by reason of a catastrophic event such as fire or vandalism; 2. If business is sold or another owner takes over the business in the future staff must be notified and all conditions listed herein must be adhered to; 3. A solid barrier such as a wooden fence of at least 6' in height shall be maintained in good condition for the entire duration the business is operating at this site and maintained and replaced/repaired if necessary; 4. No light trespass is permitted to the north and minimal security lighting/motion detector lighting shall be maintained at all times, ensuring safety of adjacent residences and businesses, as well as club members accessing the facility after daylight hours; 5. Parking spaces for all vehicles on -site at any one time must be legally accommodated on -site unless prior arrangements have been made and approved by staff, 6. Business operation shall not be permitted to open unless all building issues including sound mitigation measures, described in the applicant's narrative, are properly installed and if required tested for compliance with City ordinances prior to the issuance of a certificate of occupancy; 7. A Knox Box shall be installed allowing 24/7 emergency access, either of the McHenry Police Department and/or the McHenry Township Fire Protection District; 8. Indoor and outdoor surveillance cameras shall be installed to allow monitoring of the entire facility inside and outside and surveillance video/tapes shall be maintained, allowing emergency personnel to use in the future if a case arises warranting viewing by emergency personnel; 9. The number of shooters shall be limited to the number of firing points or stations identified on the building plans; 10. No firearms shall be stored or remain on -premise overnight, as well as when the facility is not being utilized; only firearms permitted shall be those used by private members in the shooting range; 11. An alarm system, previously approved by City staff prior to obtaining an occupancy permit, shall be installed to detect break-ins or unauthorized access inside the building; 12. All private members must complete an orientation safety program and display a valid firearm owners identification (FOID) card prior being permitted to discharge firearms within the building; 13. No firearms shall be discharged within either range without the presence of a legally - licensed NRA Safety Range Officer or member possessing legal National Range Officers Institute Certification or holding legal certified range officer credentials; 14. No firearms shall be loaded except when inside the confines of the contained shooting range; 15. Members must complete an orientation safety program and display a valid firearm owners identification (FOID) card prior being permitted to discharge firearms within the building on the subject property and shall be required to complete an NRA Safety Range Officer Certification nine -hour course or the National Range Officers Institute Certification and become certified range officers and a magnetic entry card system shall be installed to provide "live time" remote monitoring; 16. No firearms shall be discharged on the subject property between the hours of 12:00 a.m. and 6:00 a.m. If staff receives complaints found to be valid after proper investigation the applicant must work with staff and take reasonable proper measures to abate the nuisance/complaint; 17. The applicant is required to obtain an amendment to the use variance if and when the private shooting range becomes an openly -accessed public facility of any type; 18. The storage of live ammunition on -site shall be in an safe, previously approved by City staff, and comply with all applicable City ordinances, prior to an occupancy permit being issued; 19. The shooting range must comply with all applicable local, state and federal laws, rules and regulations regarding the discharge of a firearm. 20. A list of all FOID cards for all members active at any one time must be accessible and on premises at all times subject to inspection if warranted by law enforcement agencies; 21. No alcohol is permitted on the subject property. SECTION 2- In granting said Use Variance, the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 1) For reasons fully set forth in the written findings, the strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 2) The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3) Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. 4) The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 5) The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan. 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 and approved this 16 1h day of April, 2012 AYES: Santi, Schaefer, Blake, Winimer, Peterson, Condon NAYS: Glab ABSTAINED: None ABSENT: None NOT VOTING: None YMAYOR ATTEST: ka C\ k C-2 n eA� C17RK 0 Exhibit A Legal Description of the SUBJECT PROPERTY The property is legally described as follows: Lots 14 and 15 in Block 19 in Lakeland Park Unit No 2, a Subdivision of part of the Northwest Quarter and part of the Southwest Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded December 12, 1953, as Document No. 260030, in Book 11 of Plats, Page 66, in McHenry County, Illinois. Property Index Numbers of the subject property are 09-27-301-001 and 09-27-301- 002.