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HomeMy WebLinkAboutOrdinances - ORD-12-1607 - 10/15/2012 - ADOPT VARIOUS TEXT AMENDMENTS TO ZONING ORD MC ANDepartment of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us ORDINANCE NO. ORD-12-1607 AN ORDINANCE ADOPTING VARIOUS TEXT AMENDMENTS TO THE CITY OF MCHENRY ZONING ORDINANCE, MUNICIPAL CODE AND SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE 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 the City of McHenry requesting various text amendments to the City of McHenry Zoning Ordinance, Municipal Code and Subdivision Control and Development Ordinance; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on September 6, 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 text amendments; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the various text amendments currently requested and approved by this ordinance are 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 City of McHenry Zoning Ordinance Article [I -FILING PROCEDURES, Section F2.b is hereby amended by deleting the following language: Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us "b. .... legal description," SECTION 2. That the City of McHenry Zoning Ordinance Article III. GENERAL DISTRICT REGULATIONS Section H. Operations within enclosed buildings shall be amended by adding the following language thereto: with the exception outdoor retail displays in compliance with the following conditions: Display of Merchandise The intent of this section is to provide appropriate locations for the outdoor display of merchandise and to mitigate any adverse impacts on adjacent properties, public right-of-way while maintaining public health safety and welfare. Any person who owns or operates a retail business that has a storefront that opens directly onto a street , public way or private way, shall be permitted to display product which is part of the regular inventory of the business. This includes but is not limited to vending machines, Red Box kiosks, propane cylinder displays, etc. that are wholly contained, ancillary to the business and kept outside at all times. The display shall be limited to the area directly in front of such business, provided: a. A permit is obtained from the City of McHenry, Construction and Neighborhood Services, prior to the display of product. b. Outside display is limited to properties that are permitted to have retail sales as listed in the City's Zoning Ordinance, and (retail) legal non -conforming properties in existence prior to the date of this ordinance, only. C. Display is only permitted during hours the business is open and accessible to the public. At all other times the product shall be stored inside the building. d. Approved ingress and egress to and from a building must be maintained as required by the City's currently adopted building code. e. Public and private sidewalks shall not be reduced to a clear usable width of less than 48- inches. A minimum of four -feet of horizontal clearance must be maintained between any display and, trees, landscaping, utility poles, sign poles, fire hydrants, shelters and other similar devices or structures. g. Display shall not be permitted to be to be placed in parking stalls, drive aisles, alleys, streets or roads. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.it.us h. Pedestrian and motor vehicle vision clearance must not be blocked at intersections, driveways, doors and signage. Note! Product being displayed is not permitted to be located within two -feet of the latch side of any door. L Alcoholic beverages, tobacco, firearms, munitions, adult oriented items, or any other article or product that a minor (as defined by Federal, State, or local ordinance) is prohibited from purchasing by law, shall not be permitted outside the building. j. McHenry County Health Department approval must be obtained prior to placing anything that can be eaten, consumed or ingested, outside the building. k. The use of signage, pennants, banners, flags (other than American) lighting, electric amplification or noise making devices shall not be used to attract attention to the display. 1. The display is placed on an approved surface such as concrete, asphalt or paver bricks. M. The display will not be permitted to be anchored or secured to the ground, trees, signs, fire hydrants, or buildings. n. All products shall be kept flush or parallel, with the face of the building where the retail business is located and in no case shall the area used for the display exceed the following dimensions: a. 20-percent of the width of the business frontage of the building as defined in the City's Zoning Ordinance. b. Exceed six -feet in height measured from the sidewalk surface. c. Be placed more than six -feet from the face of the building. o. All sales and transfer of product shall take place inside the building where normal retail transactions occur. p. Outside display shall only be allowed when weather conditions are favorable for this use. q. The display shall be kept neat and orderly and remain free from trash and debris at all times. r. The display shall be immediately removed by the business owner any time the City Administrator or his designee, determines a clear sidewalk is needed because of traffic, street cleaning, maintenance, utility work, crowd control, parade, emergency, or violation of any of the above listed conditions." Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.1l.us www.ci.mchenry.il.us SECTION 3. That the City of McHenry Zoning Ordinance Article IV. RESIDENTIAL DISTRICTS Section Al Home Occupations shall be amended by deleting it in its entirety and replacing it with the following language: Ill. HOME OCCUPATIONS The home occupation regulations set forth herein are intended to allow residents to engage in home -based business activities, while ensuring adjoining properties will not be adversely impacted and character and livability of the surrounding area compromised. Home occupation regulations establish performance standards rather than lists of allowable uses which are considered home occupations. The determination as to whether or not an activity constitutes a home occupation shall be made by the City Administrator or their designee. A home occupation may not commence until it has been approved and authorized by the City. Home occupations shall be governed by the following regulations: • The operator of a home occupation shall be a full-time permanent resident of the dwelling unit. • Home occupations shall not employ more than one person who does not reside on the premises. • Home occupations shall be conducted entirely within enclosed structures, and there shall be no exterior storage of equipment or materials used. There shall be no visible evidence of the conduct of such occupation in the outside appearance of the premises. • Any need for parking generated by the occupation shall be met off the street. • No home occupation shall involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure or of the fire district in which the structure is located. • It is clearly incidental or subordinate to the primary residential use of the property. • It shall be conducted in such a manner that it is compatible and will not adversely impact established residential -character of the neighborhood in which it is located. • No signs advertising a product, service, business or occupation are permitted with the exception of a one -square foot sign for any home occupations, which are required to display one by the federal or state government. Cross Reference Chapter 7.5 Signs of the City of McHenry Municipal Code Department of Community& Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us • It shall not create any nuisance, hazard or other offensive condition such as increased traffic, noise, smoke, fumes, dust, odor, electric or mechanical equipment interference. • No mechanical equipment is to be used except such as is normally used for purely domestic or household purposes. • No more than 25% of the footprint of the principal structure or 500 square feet (whichever is less), may be devoted to the home occupation. • Home occupations must comply with all City ordinances, rules and regulations applicable to residential or residentially -zoned areas including but not limited to performance standards (such as but not limited to noise, vibration, odor, nuisances, lighting, driveways, commercial and recreational vehicles, etc.) • Wholesale, retail, manufacturing, boarding, repair or warehouse business shall be prohibited unless they comply with all provisions in this Section, Article XII PERFORMANCE STANDARDS of the City's zoning ordinance and all other applicable City rules, ordinances and regulations or unless they are conducted entirely using external communication device(s) (such as but not limited to phone, electronic mail, facsimile, electronic meetings, skype, etc.), regular United States Postal Service residential mail delivery or delivery vehicles limited to those normally servicing residential neighborhoods (such as but not limited to UPS, FedEx, etc.) and does not involve the receipt, sale, boarding, manufacturing or storage of merchandise or animals on the premises including but not limited to kennels and shelters of any kind. The following uses are expressly prohibited as home -based business unless they comply with all provisions in this Section, Article XII PERFORMANCE STANDARDS of the City's zoning ordinance and all other applicable City rules, ordinances and regulations. 1. Any type of repair, body work, painting, assembly or storage of vehicles or equipment with engines (such as but not limited to motor vehicles, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers chain saws and similar equipment) or appliances (such as but not limited to washing machines, dryers and refrigerators) or any other work associated with equipment with engines and parts. 2. Dispatch centers where employees come to the site to be dispatched to other locations." Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us SECTION 4. That the City of McHenry Zoning Ordinance Article IV. RESIDENTIAL DISTRICTS Group B: Conditional Use In All Residential Districts shall be amended by deleting the following language: "4. Educational institutions, as defined herein; 6. Hospitals, clinics, nursing and group homes, mental health centers 7. Philanthropic and charitable institutions, as defined herein 9. Religious Institutions, as defined herein" And adding the following language: "Assembly Uses Institutional Uses." SECTION 5. That the City of McHenry Zoning Ordinance Article V. COMMERCIAL DISTRICTS Group G: Conditional Uses In All Commercial Districts shall be amended by deleting the following language: "4. Educational institutions, as defined herein; 6. Hospitals, clinics, nursing homes, group homes, and mental health centers 7. Philanthropic and charitable institutions, as defined herein 9. Religious Institutions, as defined herein" And adding the following language: "Assembly Uses Institutional Uses." SECTION 6. That the City of McHenry Zoning Ordinance Article V. COMMERCIAL DISTRICTS Group F: Permitted Uses In All Commercial Districts shall be amended by deleting the following language: 12 . ..... serving of alcoholic beverages," Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us SECTION 7. That the City of McHenry Zoning Ordinance Article V. COMMERCIAL DISTRICTS Group 1: Conditional Uses In C-2 and Higher -Numbered Commercial Districts shall be amended by deleting the following language: "7. Restaurants serving alcoholic beverages but without live entertainment or dancing" SECTION 8. That the City of McHenry Zoning Ordinance Article V. COMMERCIAL DISTRICTS Group J: Permitted Uses In C-3 and Higher -Numbered Commercial Districts shall be amended by deleting the following language: "35. Meeting and banquet halls 59. Union Halls" SECTION 9. That the City of McHenry Zoning Ordinance Article V. COMMERCIAL DISTRICTS Group K: Additional Conditional Uses In C-3 and Higher -Numbered Commercial Districts shall be amended by deleting the following language: I . ..... dance halls," SECTION10. That the City of McHenry Zoning Ordinance Article V. COMMERCIAL DISTRICTS Group M: Conditional Uses In C-4 and Higher -Numbered Commercial Districts shall be amended by deleting the following language: "2. Convention Halls; 3. Exhibit halls;" SECTION11. That the City of McHenry Zoning Ordinance Article V. COMMERCIAL DISTRICTS Group 0: Additional Conditional Uses In C-5 District shall be amended by deleting the following language: "2. Auction rooms" Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us SECTION 12. That the City of McHenry Zoning Ordinance Article VI. OFFICE, INDUSTRIAL, BUSINESS PARK, AGRICULTURE & MINING OVERLAY, AND HEALTH CARE DISTRICTS Group Q: Conditional Uses In All Office Districts shall be amended by deleting the following language: "5. Educational institutions, as defined herein; 8. Hospitals, clinics, nursing homes, group homes, and mental health centers 10. Philanthropic and charitable institutions, as defined herein 12. Religious Institutions, as defined herein" And adding the following language: "Assembly Uses Institutional Uses." SECTION 13. That the City of McHenry Zoning Ordinance Article VI. OFFICE, INDUSTRIAL, BUSINESS PARK, AGRICULTURE & MINING OVERLAY, AND HEALTH CARE DISTRICTS Group R: Additional Permitted Uses In 0-2 District shall be amended by deleting the following language: "17. Meeting and banquet halls; 27. Union Halls" SECTION 14. That the City of McHenry Zoning Ordinance Article VI. OFFICE, INDUSTRIAL, BUSINESS PARK, AGRICULTURE & MINING OVERLAY, AND HEALTH CARE DISTRICTS Group S: Additional Conditional Uses In 0-2 District shall be amended by deleting the following language: "2. Convention and exhibit halls;" Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us SECTION 15. That the City of McHenry Zoning Ordinance Article VI. OFFICE, INDUSTRIAL, BUSINESS PARK, AGRICULTURE & MINING OVERLAY, AND HEALTH CARE DISTRICTS Group V: Permitted Uses In A Business Park District shall be amended by deleting the following language: "5.lnstitutional Uses." And adding the following language: "9. Restaurants without live entertainment or dancing." SECTION 16. That the City of McHenry Zoning Ordinance Article VI. OFFICE, INDUSTRIAL, BUSINESS PARK, AGRICULTURE & MINING OVERLAY, AND HEALTH CARE DISTRICTS Group W: Conditional Uses In A Business Park District shall be amended by deleting the following language: 4 ...... serving alcoholic beverages..." "5. Restaurant serving alcoholic beverages without live entertainment or dancing." SECTION 17. That the City of McHenry Subdivision Control and Development Ordinance be amended by adding thereto a new Chapter 9 entitled "Driveways and Parking Lots," attached hereto and incorporated herein as Exhibit "A." "Cross reference — Relocated from Article VII. OFF-STREET PARKING 84 LOADING Section B.10 of the Zoning Ordinance, in the Subdivision Control and Development Ordinance." SECTION 18. That the City of McHenry Subdivision Control and Development Ordinance Technical Specifications Manual shall be amended by adding thereto a new Chapter T-5 entitled "Driveways and Parking Lots," attached hereto and incorporated herein as Exhibit 'B". Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us SECTION 19. That the City of McHenry Subdivision Control and Development Ordinance Chapter 2 Definitions Section 2.2 Words and terms defined be amended by adding thereto the following language: "Approach -That portion of the driveway located between the street pavement or curb and the outside edge of the sidewalk, or property line. Driveway -The paved area providing vehicular access from a street, alley or public way, to an open or enclosed parking area on private property. Driveway Apron -The area of the driveway located in the public right-of-way, between the public walk or property line, and the paved surface of the street. Flare -The difference in width of a driveway approach at the outer edge of the sidewalk or the property line if no sidewalk exists, and the street pavement or curb. Parkway -A strip of land within the right-of-way between the street pavement or curb and the outside edge of the sidewalk, or property line. Parking Lot -A paved open area that is accessory to a main use on the property where operable vehicles are kept when not in use." SECTION 20. That Section T-1.1E of the City of McHenry Subdivision Control and Development Ordinance Technical Specifications Manual Driveway Aprons be amended by deleting the section in its entirety. SECTION21. That the City of McHenry Zoning Ordinance Article VII. OFF-STREET PARKING & LOADING Section B.10 Driveways shall be amended by deleting the section in its entirety. "Cross reference — Relocated to Chapter 9, Driveways and Parking Lots, of the Subdivision Control and Development Ordinance, in Zoning Ordinance" Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us SECTION22. That the City of McHenry Zoning Ordinance Article VII. OFF-STREET PARKING & LOADING Table 13: Required Parking Spaces for Non -Residential and Non -Lodging Uses shall be amended by deleting the following language: "SCHOOLS Elementary Junior High High School College or University Commercial" RECREATIONAL "Arena or Stadium Auditorium (non -school) Dance or Meeting Hall Community Center" "INSTITUTIONAL Church Philanthropic & Charitable Inst. Library, Museum, or Gallery Nursing Home" "MEDICAL "Hospital Clinic" And creating a new category "MISCELLANEOUS" and including the following language: "Public Utility & Service, Child Day Care Center and Animal Hospital." And adding the following new categories "INSTITUTIONAL USES ASSEMBLY USES" Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us SECTION23. That the City of McHenry Zoning Ordinance Article VII. OFF-STREET PARKING & LOADING Table 13: Required Parking Spaces for Non -Residential and Non -Lodging Uses shall be amended by deleting the following language: [c] "Per seat in main auditorium or meeting room or ... Eighteen inches of seating space shall be considered a seat for purposes of this requirement where individual seats are not discernible." SECTION24. That the City of McHenry Zoning Ordinance Article VII. OFF-STREET PARKING & LOADING Table 10: Parking and Loading Dimensions DRIVEWAY WIDTH All Other Districts: Maximum shall be amended by deleting the following language: '35" And replacing it with the following language: "36" SECTION 25. That the City of McHenry Zoning Ordinance Article VII. OFF-STREET PARKING & LOADING Table 10: Parking and Loading Dimensions shall be amended by deleting the following language: [d] "...See also Chapter 21, Article III of the McHenry Municipal Code." And replacing it with the following language: "See also Chapter 9 of the McHenry Subdivision Control and Development Ordinance" SECTION26. That the City of McHenry Municipal Code Chapter 7.50 SIGNS Table I shall be amended by adding the following language: "ASSEMBLY USES." (to be added next to INSTITUTIONAL USES -to read "INSTITUTIONAL USES AND ASSEMBLY USES" SECTION27. That the City of McHenry Zoning Ordinance Article XIV. CONDITIONAL USES Section F Revocation of Permit shall be amended by deleting the following language: Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us "A Conditional Use Permit shall be revoked automatically." SECTION28. That the City of McHenry Zoning Ordinance Article XIV. CONDITIONAL USES Section G Expansion or Alteration shall be amended by deleting the following language: "in all cases, the application for such Additional Use Permit shall be addressed to the City Council, which may grant such application without any hearing or action by the Planning and Zoning Commission or may refer such application to the Planning and Zoning Commission for public hearing and action thereon pursuant to the requirements of this ordinance as in the case of an application for Conditional Use Permit." SECTION29. That the City of McHenry Zoning Ordinance Article XIX. DEFINITIONS shall be amended by deleting the following definitions: -INSTITUTION, EDUCATION; INSTITUTION, PHILANTHROPIC AND CHARITABLE; INSTITUTION, RELIGIOUS; INSTITUTION, RECREATIONAL" And replacing it with the following language: -INSTITUTIONAL, USES: A building, structure, place or parts thereof housing more than twenty-five (25) persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised environment that provides personal care services. The only exceptions to this definition include: building, tenant space, room or space used for institutional purposes as defined herein with an occupant load of 25 persons or less and spaces less than 750 square feet in floor area." And adding thereto the following language: "ASSEMBLY, USES: A building, structure, place or parts thereof for groups of people to gather for an event or regularly scheduled program that is educational, cultural, spiritual, social, or recreational in nature. The only exceptions to this definition include: building, tenant space, Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us room or space used for public assembly purposes as defined herein with an occupant load of 25 persons or less and spaces less than 750 square feet in floor area." SECTION 30. All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 31: 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 32: 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 15" DAY OF OCTOBER, 2012. AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. NAYS: None. ABSTAINED: None. ABSENT: None. NOTVOTING: None. ATTEST: NES, I 6TY LERK jl� z �c S-(JSAN E. LOW, MAYOR Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Exhibit "A" Chapter 9 "Driveways and Parking Lots" Add Chapter 9 "Driveways and Parking Lots" to the City of McHenry Subdivision Control Ordinance, including amendments: 9 Driveways and Parking Lots 9.1 Improvements Required. Every subdivision or development shall be improved with private improvements as set forth in these regulations and with all such other improvements as may be necessary to serve the subdivision or development, as determined by the City. All such improvements shall be designed and constructed by the developer or property owner in accordance with these regulations, the Technical Specifications Manual, and any other Requirements of Law, as approved by the City Administrator or their designee. 9.2 Permit Required. (a) No person shall hereafter construct, build or expand any driveway or parking lot without first having obtained a permit to do so from the City. No such permit shall be issued except in accordance with the provisions of this Article. (b) Application for a driveway or parking lot, permit must be made in writing upon forms furnished by the City. Said application shall contain the name and address of the person making the application, the name of the contractor or person who is to construct said driveway, the proposed location and dimensions of such driveway, specifications for the construction of such driveway, or parking lot and any other such information as may be required by the City. (C) Before issuance of any driveway or parking lot, permit the contractor shall file with the City Clerk a certificate of public liability insurance coverage, in an amount as may be specified from time to time by the City Administrator, conditioned that the insurer shall save nameless, defend and indemnify the City against or on account of Department of Community& Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us accidents, damages or claims arising out of or during the construction of any driveway laid by the said contractor. (d) Before a permit is issued for any driveway or parking lot, construction, the contractor or owner shall pay to the City Clerk a permit fee as per Sec. 7-3 of the Municipal Code. (e) In addition to the fee for permit, the contractor shall deposit with the City Clerk for each new driveway to be constructed cash in the amount of One thousand five hundred dollars ($1500.00). The City may deduct from this cash deposit the cost of repair or replacement for any damage done to the public right-of-way by the contractor or owner in prosecution of the work for which permit has been issued, if after ten (10) days' notice, the contractor fails to repair or replace the damaged public right-of-way. Such deposit, or the balance thereof in the event of deduction for damage to public right-of-way, shall be returned to the contractor or owner upon inspection and approval of the work by the City. 9.3 Plans Required The developer or builder shall submit four copies of plans for the construction of the driveway or parking lot. The plans shall be prepared in accordance with the Requirements of Law, including without limitation the City Technical Specifications Manual, these regulations, and all applicable standards of other agencies with jurisdiction. 9.4 Supervision, Inspections. (a) All such work performed on private property shall be done under the jurisdiction of the City Administrator or their designee and in accordance with the ordinances of the City. Inspections by the City shall be required prior to paving and upon completion. (b) A proof roll inspection shall be passed prior to installing pavement on all multi -family and non-residential private driveways and parking lots. Proof rolling must be performed using a 50,000 pounds gross weight tandem dump truck. Areas found Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us weak (exhibit any pumping) and those areas which are frail (leaving tire tracks) shall be repaired at the, developer's or property owner's expense. 9.5 State or county approval required in certain cases. In no event shall a permit be issued for the construction, building, establishment or maintenance of driveways accessing State of Illinois Highways, including but limited to Illinois Routes 120 and 31, or on any McHenry County -maintained road, unless approval shall first have been obtained, by the applicant, from the State of Illinois or McHenry County, as applicable. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Exhibit "B" Chapter T-5 "Driveways and Parking Lots" Add Chapter 5.1 "Driveways and Parking Lots" to the City of McHenr Subdivision Control Ordinance Technical Specifications Manual, includin amendments: T-5 Driveways and Parking Lots T - 5.1 General. The following general specifications are applicable to all driveways and parking lots. Plans and specifications must conform to the following minimum requirements before a permit for the construction of any driveway will be issued. All improvements shall be in conformity with the uniform specifications which shall be laid down or approved from time to time by the City Council, and all completed work shall be accepted by the City only upon approval of the City Administrator or their designee. A That portion of any driveway that will occupy the space reserved for sidewalks shall be constructed in accordance with the standards and specifications for sidewalks specified in the Subdivision Control Ordinance. The grade of such sidewalk portion shall be established by the City Administrator or their designee. B Where a driveway is constructed across an existing sidewalk, said sidewalk shall be removed and replaced with Portland Cement Concrete for the full width of the driveway and for a distance of at least 12 inches on both sides of the driveway. This portion of sidewalk shall be constructed in accordance with the standards and specifications for sidewalks specified in the Subdivision Control Ordinance. C All driveways shall be graded between the gutter and the sidewalk so that it will not be necessary to change the established grade of either and will not elevate or depress any portion of either. No part of said driveway shall extend beyond the back Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 600SO Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us of curb. Where elevations or depressions are necessary in the parkway strip between the curb and walk, said parkway shall be created on both sides of the driveway to a distance sufficient to create a gradual ascent or descent. D Combined curb and gutter and separate curbing shall be removed entirely for the full width of the driveway opening at the curb line or may be saw cut where the cutting method has been previously approved by the City Administrator or their designee. If an existing joint in the curb is within five (5) feet of the end of the driveway opening, the existing curbing, etc. to said joint shall be removed, otherwise said combined curb and gutter or separate curbing shall be cut, making a neat edge truly at right angles to the edge of the pavement and truly vertical. Integral curbing, which is that type placed with the pavement and molded as an integral part of it, must be removed for the full depth of the top of the curb to the bottom of the pavement or may be saw cut where the cutting method has been previously approved by the City Administrator or their designee. The edges must be cut as above -described. No combined curb and gutter, straight curb or integral curb shall be removed within five (5) feet of a public sidewalk. E Where driveways cross open ditches in the parkways, culverts shall be installed. Said culvert shall be of such size and shall be constructed of such material as determined by the City Administrator or their designee, depending on the existing conditions. In no instance shall the size of opening be less than that obtained by a 12-inch diameter pipe. The length of culvert shall be determined by the following method: For ditch depth of two (2) feet or less, the culvert shall not extend less than five (5) feet beyond both edges of the driveway where it crosses the ditch. For each additional foot depth of ditch, add two (2) feet to the above figure, except that no culvert shall be less than 20 feet long and except that where headwalls are constructed at the ends of the culvert, the length shall be as determined by the City Administrator or their designee. IF Where an existing catch basin is in the area of the proposed driveway, the frame and grate shall be removed and replaced with a type frame and grate specified in the Subdivision Control Ordinance.