HomeMy WebLinkAboutOrdinances - MC-15-1113 - 08/17/2015 - AMEND TO ZONING ORD RE OUTDOOR SEATINGORDINANCE NO. MC-15-1113
AN ORDINANCE ADOPTING VARIOUS TEXT AMENDMENTS TO THE
CITY OF MCHENRY ZONING ORDINANCE AND MUNICIPAL CODE
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 and Municipal Code; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on May 13, 2015 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 and Municipal Code 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 III. GENERAL DISTRICT
REGULATIONS Section H. Operations within enclosed buildings shall be amended by adding
thereto the following language (highlighted):
"H. Operations Within Enclosed Buildings: All business, service, storage, merchandise display,
and where permitted repair and processing shall be conducted wholly within enclosed buildings
except for off-street parking, off-street loading, and for open sales lots or outside storage
where these uses are permitted , with the exception outdoor retail displays and outdoor
seating in compliance with the following conditions:
Outdoor Seating
• Application form for an Outdoor Seating Permit shall be submitted which identifies
business name, address, PIN, zoning designation, name/address/phone/fax/email of
applicant and property owner;
• A dimensioned site plan indicating the number and location of the tables (including
table measurements), chairs, trash receptacles and any other related elements;
A separate "Waiver of Liability" form signed by the business owner, and in the case of
leased property, the property owner for outside seating on public property, or
alternatively a "Waiver of Liability" provision shall be included on the Outdoor Seating
Permit Application;
Once an Outdoor Seating Permit is issued, it shall remain active until such time as the
requesting business ceases to exist. In other words, it does not have to be renewed
annually. The Outdoor Seating Permit shall include a statement that authorizes the City
to revoke the permit if any of the established conditions are not met;
Establishments with existing outdoor seating and/or with an existing conditional use
permit which addresses outdoor seating, service of food and/or alcohol, outdoor
preparation of food and/or live entertainment and/or dancing may be permitted to
continue to exist however any changes proposed by any of those establishments in the
future will require submittal of an Outdoor Seating Permit application as defined herein
and all conditions included herein shall be met which may include a variance and/or
amendment to an existing ordinance if applicable;
Approved ingress and egress to and from a building must be maintained as required by
the City currently adopted building code;
Preparation and service of food outside is prohibited;
Service and consumption of alcohol outside is prohibited;
Outdoor seating must be located on a hard surface such as asphalt, concrete, brick or
wood;
Outdoor seating is prohibited within a required landscape island or area;
Outdoor seating located adjacent to a vehicular parking area or driving aisle shall be
separated by a physical barrier (fence, gate, landscape planter, etc.);
A $25 permit fee shall be required for any establishment seeking an Outdoor Seating
Permit in accordance with the recommended provisions included herein;
An inspection shall be required following Outdoor Seating Permit review and prior to
use of outdoor seating;
Sidewalks shall not be reduced to a clear usable width of less than 48-inches;
Pedestrian and motor vehicle vision clearance must not be blocked at intersections,
driveways, doors and signage. This includes the use of appurtenances (umbrellas, etc.);
Tables, chairs and other related items utilized in conjunction with an outdoor seating
area shall be appropriately secured in the case of high winds;
Operation of outdoor seating area is only permitted when the business for which the
Outdoor Seating Permit was issued is open but in no instance prior to 7:00 am or after
10:00 pm;
Outdoor seating on public property must be removed during hours that it is not being
utilized;
The use of signage, pennants, banners, flags (other than American), lighting, electric
amplification or noise-making devices are prohibited;
• No electrical appliances or open flame devices shall be located or utilized within the
outdoor seating area however the use of "infrared-style" heaters is permitted in
accordance with any applicable testing organization (UL) or other listing and in
accordance with the manufacturer's specifications;
• Outdoor seating on public property shall be immediately removed by the business
owner any time that the City Administrator, or his/her designee, determines that a clear
sidewalk is needed because of traffic, street cleaning, snow or ice removal,
maintenance, utility work, crowd control, parade, emergency, or in the case of violation
of any of the above conditions included in this section."
SECTION 2. That the City of McHenry Zoning Ordinance Article V: Commercial district
regulations is hereby amended by adding thereto and deleting there from the following
language (highlighted):
"Table 7: Permitted and Conditional Uses in Commercial Districts:
Group F: Restaurants, eat-in or carry-out; delicatessens, retail bakeries, donut shops,
and convenience marts with limited food preparation on premises; including restaurants
with or without indoor entertainment as defined herein but not including drive-in
restaurants as defined herein;
Group I: Additional Conditional Uses in C-2 and Higher-Numbered Commercial Districts:
Taverns and bars with or without indoor entertainment, as defined herein;
Group K: Additional Conditional Uses in C-3 and Higher-Numbered Commercial
Districts:
SECTION 3. That the City of McHenry Zoning Ordinance: Article VI: Office, Industrial,
Business Park, Agriculture & Mining Overlay, and Health Care Districts is hereby amended by
adding thereto and deleting there from the following language (highlighted):
"Table 9: Permitted and Conditional Uses in Office, Industrial, Business Park and Health
Care Districts:
Group R: Additional Permitted Uses in 0-2 District: Restaurants, eat-in or carry-out,
with or without indoor entertainment as defined herein, and including restaurants,
serving alcoholic beverages, but not including drive-in restaurants as defined herein;
Group S: Additional Conditional Uses in 0-2 District: Taverns and bars with or without
indoor entertainment as defined herein; Drive-in restaurants as defined herein;
Group T: Permitted Uses in 1-1 Industrial District: Restaurants, eat-in or carry-out;
including restaurants with or without indoor entertainment as defined herein and
including restaurants serving alcoholic beverages but not including drive-in restaurants
as defined herein;
Group U: Conditional Uses in 1-1 Industrial District: Drive-in restaurants as defined
herein; Taverns and bars with or without indoor entertainment, as defined herein;
Group V: Permitted Uses in a Business Park District: Restaurants, eat-in or carry-out,
with or without indoor entertainment as defined herein; including restaurants serving
alcoholic beverages but not including drive-in restaurants as defined herein;
Group W: Conditional Uses in a Business Park District: Taverns and bars with or without
indoor entertainment, as defined herein; Drive-in restaurants as defined herein."
SECTION 4. Article XIX Definitions is hereby amended by adding thereto the following
language:
"Entertainment, Indoor: This may include but is not limited to the following activities:
bands, music, karaoke, and other similar activities which are accessory to the principal
use on the subject property and any such indoor entertainment proposed shall comply
with all applicable City of McHenry rules, ordinances and regulations. This definition
does not include, permit, encompass or allow any activity regulated and/or addressed in
Chapter 2.50 Adult Uses in the City of McHenry Municipal Code. Additionally, it does
not include, permit, encompass or allow amusement facilities, already regulated in the
zoning ordinance and/or municipal code or regulated by another governmental entity,
including: movie theaters, bowling alleys, pool halls, arcades, performance venues,
video gaming, and indoor sporting exhibitions where such activities are the principal
uses on the subject property and/or regulated by other governmental entities."
SECTION 5. That the City of McHenry Municipal Code Sec. 1-12. Settlement of
Offenses (A) Payments is hereby amended by adding thereto the following language:
"Section: Zoning Ordinance: Offense: Article III. General District Regulations: Column
A: $50; Column B: $100."
SECTION 6. All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 7: 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 8: 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 17th day of August 2015.
Voting Aye: Condon, Wimmer, Peterson, Schaefer, Curry, Santi
Voting Nay. Glab
Abstaining: None
Not Voting: None
Absent: None
ATTEST:
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Mayor