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HomeMy WebLinkAboutOrdinances - ORD-13-1655 - 12/16/2013 - VARIOUS ZONING TEXT AMENDMENTSDepartment 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-13-1655 AN ORDINANCE ADOPTING VARIOUS TEXT AMENDMENTS TO THE CITY OF MCHENRY ZONING 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; and WHEREAS, a petition has been filed by the City of McHenry requesting various text amendments to the City of McHenry Zoning Ordinance; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on August 15, 2013 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 IV. Residential Districts is hereby amended by adding thereto a new Section A4. Temporary Refuse Containers and Storage Units consisting of the following language: "Regulations of Temporary Storage Units and Refuse Containers A permit is not required for a temporary storage unit or temporary refuse container, in a residential zoning district, as long as all applicable criteria established below are met: 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 1. No more than one temporary storage unit or one temporary refuse container is permitted on any residentially-zoned property; 2. Any temporary storage unit and/or temporary refuse container that is not associated with a building permit can remain on a property for no more than 15 consecutive days and one 15-day extension may be granted administratively by the City Administrator or their designee if no complaints have been received. When requested as part of a building permit, temporary storage units and temporary refuse containers are permitted for the duration of construction and shall be removed from the site within 14 days of the end of construction or upon expiration of the building permit whichever is sooner; 3. Temporary refuse containers can be no larger than 23 feet long, 8 feet in width and 7 feet in height; 4. Temporary storage units can be no larger than 20 feet long, 8 feet in height and 10 feet in width; 5. Temporary refuse containers must control contents at all times; and containers, regardless if they are associated with a building permit, filled in excess of the height of the container, must be emptied within 5 calendar days; 6. Except when new residential construction is occurring temporary storage units and refuse containers must be placed on an approved paved surface and cannot be placed, kept, maintained and/or stored on grass while actively being utilized; 7. Temporary storage units and refuse containers are not permitted on/in a public right-of-way and cannot obstruct sight lines of pedestrians or vehicles, or impact required parking. The only exception is a temporary storage unit or refuse container may be placed within a public right- of-way if it's scheduled to be picked-up but only if it will not inhibit or obstruct sight lines of pedestrians or vehicles, but in no instance can any temporary storage unit or refuse container be located, stored or maintained within any public right-of-way for more than five working days. 8. Temporary storage units may be used for temporary storage of personal goods and belongings. Units may not be used for occupancy, sleeping, housing of animals, storage 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 firearms, storage of hazardous, toxic or flammable materials or storage of materials which are otherwise unlawful to possess; 9. Temporary storage units shall be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at all times; also temporary storage units must be equipped with a locking device; 10. Any temporary storage unit or refuse container not meeting any of these applicable regulations requires a temporary use permit and City Council approval." SECTION 2. That the City of McHenry Zoning Ordinance Article XIX Definitions is hereby amended by adding the following language thereto: "Carport- a covered structure used to offer limited protection to vehicles from the elements. The structure can either be freestanding or attached to a wall. A carport does not have four walls, usually one or two. They offer less protection than garages but allow for more ventilation. Temporary Storage Units-all containers, crates, boxes or other similar enclosures utilized for temporary on-site storage or transportation of goods or materials and are not considered permanent or accessory structures; Temporary Refuse Container- a container, dumpster, bag or any other medium utilized for storing refuse and/or waste for a limited time period. " 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. 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 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 16th DAY OF December, 2013. AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None & SUSAN E. LOW, MAYOR ATTEST: J/<NICE\:. jopfES, cm CLERK