HomeMy WebLinkAboutOrdinances - ORD-14-1684 - 08/18/2014 - TEXT AMENDMENTS RE TEMP USESORDINANCE NO. ORD-14-1684
AN ORDINANCE ADOPTING VARIOUS TEXT AMENDMENTS TO THE
CITY OF MCHENRY ZONING ORDINANCE REGARDING TEMPORARY USES
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
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY,
ILLINOIS, AS FOLLOWS:
SECTION 1: That Article III General District Regulations K of the City Zoning Code relating
to Temporary Uses is hereby deleted in its entirety and replaced with the following language:
A. In General.
Temporary uses of land shall be permitted in any zoning district upon the issuance by
the Community and Economic Development Department of a Temporary Use Permit, subject to
the provisions of this section.
An Application for any Temporary Use Permit shall be filed with the Community and
Economic Development Department at least 30 days before the requested beginning of the
Temporary Use. The application and associated guidelines are available through the Community
and Economic Development Department, as well as on the City's website,
www.ci.mchenry.il.us, under document resources. A separate temporary sign permit
application must be completed if applicable. An additional permit fee is required for a
temporary sign. The Temporary Use Permit shall be displayed within plain view on the premises
of the Temporary Use for the duration of the Use. Application and payment of $60, $30 of
which may be refunded upon successful compliance with all conditions associated with an
approved Temporary Use Permit Application.
Temporary use permits shall either be exempt from permitting or be classified as minor
or major in accordance with the provisions of this section.
B. Exempt Temporary Uses.
The following uses are excluded from the requirement of obtaining a temporary use
permit:
private, non-commercial events on the sponsor's property, such as home owners'
association;
picnics at a private park, corporate picnics on a corporate campus/property;
private weddings at a private residence or private subdivision clubhouse;
• Any temporary use previously approved by the City Council, as part of another
agreement such as an annexation agreement.
• Any use which requires a City license or permit where City Council approval is not
typically required, such as peddlers adjacent to the Riverwalk, ice cream vendors and
solicitors compliant with terms in the City's Solicitors and Peddlers ordinance, etc.
• Any event which proposed to be held in a City park subject to receiving a permit for
group activity under section 16-45 of the Municipal Code, as amended from time to
time.
C. Minor Temporary Uses.
Minor temporary use permits shall be reviewed and approved, approved with
conditions or denied administratively by Community and Economic Development Department
staff. If a minor temporary use permit is denied or the applicant disputes any condition(s)
placed on the approval of the temporary use, the applicant may appeal the administrative
review and determination to the City Council.
Each of the following criteria must be satisfied for a temporary use (other than the
specific uses listed below) to be classified as minor. If any one of the following criterion is not
met, the temporary use shall be classified as major and comply with the provisions outlined in
this section for major temporary use permits.
• No more than seven consecutive calendar days in length, including setup and take-down
(set-up and take-down includes erecting/removing tents, lighting, fencing, merchandise
specifically associated with the temporary use being proposed);
• Use is permitted by right in the zoning district in which it is proposed;
• Use is consistent with activities typically associated with the existing principal land use
on the property being proposed;
• Use is proposed on a property where the existing principal use is conforming;
• Use is only proposed for one time per calendar year;
• All applicable permits are obtained-including but not limited to any food service permit
required from the McHenry County Department of Health.
Specific Minor Temporary Uses. The following is a non-exclusive list of specific minor
temporary uses which shall only be required to meet the conditions set forth herein. If one or
more specified criterion cannot be met, these uses shall be considered and reviewed by the City
Council in accordance with the provisions outlined herein for major temporary uses.
1. Carnival or Circus
a. Limited in duration to 10 consecutive days.
b. Operated or sponsored by a non-profit group.
c. Not located in or adjacent to any developed residential area other than on
church, school, or park property.
Temporary Uses, Page 2
d. Must comply with Municipal Code, chapter 5-Amusements.
2. Outside Display and Sale of Landscaping Materials
a. Must not exceed 120 days per calendar year.
b. Conducted in Commercial Districts only.
c. Must not cover an area exceeding 50 percent of the width of any public walkway.
d. Must be operated or sponsored by an established business in operation on the
same property or a non-profit group, but only with the prior written consent of
the property owner.
3. Sale of Christmas Trees
a. Limited in duration to 30 days.
b. Must not be conducted in or adjacent to any developed residential area.
4. Roadside Display and Sale of Farm Produce, Landscaping Material, or Related
Merchandise
a. Not conducted in or adjacent to any developed residential area.
b. Limited in duration to 90 days.
c. Must provide adequate ingress and egress from adjoining roadways.
d. Must provide one off-street parking space per 75 square feet of display area with
a minimum of 3 spaces. Such spaces need not meet the code requirements of
the Off-Street Parking and Loading or Landscaping.
5. Downtown or Shopping Center Sidewalk Sales
a. Must not exceed 10 days per calendar year.
b. Must not be held more than twice in any one year.
c. Must not cover an area exceeding 50 percent of the width of any public sidewalk
at any point within the shopping center or downtown area.
6. Trailers for the Temporary Storage of Merchandise
a. Only applies to businesses 80,000 sq. ft. or more in size.
b. No more than eight such trailers shall be allowed on a site at any given time.
c. All trailers shall be stored in a rear yard out of public view whenever possible. No
trailer shall be located in front of the front building line of the principal building.
d. Only allowed from October 1st to January 31st of the following year.
D. Major Temporary Uses.
If any of the criteria for minor temporary uses, above, are not met or if any one of the
criteria below is applicable to the requested use, the temporary use shall be classified as major
and requires consideration, review and approval by the City Council:
• Any use proposed which also involves any type of sign variance request;
Temporary Uses, Page 3
• Any use proposed which cannot comply with the outdoor lighting regulations or
performance standards for noise as outline in the zoning ordinance;
• Use is proposed for more than one time per calendar year-either on the same
application or multiple applications submitted within the same calendar year;
• Use proposed is not compliant with all other applicable City ordinances, rules and
regulations.
Major temporary use permits will be forwarded to the City Council for consideration at a
regularly scheduled City Council meeting. The City Council shall approve, approve with
conditions or deny the application. Upon approval by the City Council, the Community and