HomeMy WebLinkAboutOrdinances - MC-17-1147 - 04/17/2017 - Various Sections of Chapter 7 Art XIVORDINANCE NO. MC-17-1147
AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 7, ARTICLE XIV
OF THE CITY OF MCHENRY, RESIDENTIAL TEARDOWN SITES AND
INFILL PROPERTIES SPECIAL REQUIREMENTS
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, the City Council adopted the Residential Teardown and Infill Properties
Special Requirements in 2005, with the intent of maintaining the integrity of existing neighborhoods
when new development is introduced.
WHEREAS, this Ordinance amends and deletes various sections of Municipal Code
Chapter 7 Article XIV Residential Teardown Sites and Infill Properties Special Requirements (MC-
05-877), in an effort to create efficiencies in the process and to eliminate requirements and standards
already enforced through the City of McHenry Building Code, Stormwater Management Ordinance,
and Zoning Ordinances.
NOW THEREFORE, be it ORDAINED by the CITY COUNCIL of the CITY OF
MCHENRY, McHENRY COUNTY, ILLINOIS, as follows:
SECTION 1: That Chapter 7, Article XIV, Sec. 7-191 of the City of McHenry Municipal
Code is hereby deleted in its entirety and replaced with the following language with formatting to be
coordinated by the City Administrator.
Sec. 7-191. Applicability. All residential teardown sites and infill parcels that meet one of
the two conditions below are exempt from Sec. 7-195 through Sec. 7-199:
1. The proposed development falls within 25% lot coverage of the adjoining homes.
2. A lot of record with recorded architectural guidelines written in an annexation
agreement that is still active.
SECTION 2: That Chapter 7, Article XIV, Sec. 7-192 Definitions, of the City of McHenry
Municipal Code is hereby amended by adding the following language with formatting to be
coordinated by the City Administrator:
Adjoining Properties: Parcel of real estate abutting or across a street or alley from any
boundary of the property affected by the application.
Lot Coverage: The portion of the lot that is occupied by a principle building and a detached
garage where applicable, expressed as a percentage of total lot area.
SECTION 3: That Chapter 7, Article XIV, Sec. 7.198 of the City of McHenry Municipal
Code is shall be amended as follows with formatting to be coordinated by the City Administrator:
(1))(3) No demolition or construction on a teardown site or infill parcel shall occur
until 4x4y thirty (30) days after the notice requirements of this Article have been fulfilled or
an application is approved by the Teardown Committee, whichever occurs last.
(e) Resubmission. No application that has been denied by the Teardown Committee
shall be resubmitted within one ye sixty (60) days of the date of denial, except on the
grounds of new factual evidence or a change in conditions found to be valid by the Teardown
Committee.
SECTION 4: That Chapter 7, Article XIV of the City of McHenry Municipal Code is hereby
amended by deleting in its entirety the following sections with formatting to be coordinated by the
City Administrator:
Sec. 7-194. Additional Building Layout Requirements.
Sec. 7-201. Permit Time Limit.
Sec. 7-202. Required Plans and Specifications for Obtaining a Building Permit.
Sec. 7-205. Site Management Standards.
Sec. 7-206. Commencement of Construction or Site Restoration.
SECTION 5: All ordinances, or parts thereof, in conflict with the terms and provisions
hereof, be and the same are hereby repealed to the extent of such conflict.
SECTION 6: This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, Illinois.
SECTION 7: This Ordinance shall be in full force and effect from and after its passage,
approval and publication, as provided by law.
PASSED and APPROVED this 17th day of APRIL, 2017.
VOTING AYE: CONDON, DEVINE, WIMMER, CURRY, SCHAEFER, GLAB, SANTI
VOTING NAY: NONE
ABSTAINING: NONE
NOT VOTING: NONE
ABSENT: NONE
Mayor
ATTEST:
Ci