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HomeMy WebLinkAboutOrdinances - MC-19-1200 - 07/15/2019 - Zoning Ordinance - Outdoor SeatingCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER MC-19-1200 AN ORDINANCE ADOPTING TEXT AMENDMENTS TO THE CITY OF MCHENRY ZONING ORDINANCE Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois July 15, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 16" day of July 2019. ORDINANCE NO. MC-19-1200 AN ORDINANCE ADOPTING 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. WHEREAS, a petition has been filed by the City of McHenry requesting 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 July 10, 2019 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 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 following provisions of the City of McHenry Zoning Ordinance Article III General District Regulations Section H. Operations within Enclosed Buildings Outdoor Seating are deleted in their entirety: "g. Preparation and service of food outside is prohibited; and h. Service and consumption of alcohol outside is prohibited;" And replaced with the following language: "The Building Commissioner or their designee may grant permission for the sale, dispensing, and consumption of alcoholic liquor and/or food in an outdoor area adjacent to the licensed building. Except as provided herein, the area for which permission is issued shall be subject to review by the Building Commissioner or their designee and shall be of a secure nature with a partition defining the outdoor seating area and shall facilitate access in the area only through the licensed premises or through an occupied host or hostess station. If the outdoor seating area protrudes into the public way an indemnification agreement releasing the City from all liability must accompany the permit application. " SECTION 2. That the following provision of the City of McHenry Zoning Ordinance Article III General District Regulations Section H. Operations within Enclosed Buildings Outdoor Seating is hereby deleted in its entirety: "p. Tables, chairs and other related items utilized in conjunction with an outdoor seating area shall be appropriately secured in the case of high winds;" And replaced with the following language: "p. Tables, chairs, table umbrellas and other related items utilized in conjunction with an outdoor seating area shall be appropriately secured in the case of high winds." SECTION 3. That the following provision of the City of McHenry Zoning Ordinance Article III General District Regulations Section H. Operations within Enclosed Buildings Outdoor Seating is hereby deleted in its entirety: el Outdoor seating on public property must be removed during hours that it is not being utilized;" And replaced with the following language: "r Outdoor seating on public property must be removed during the off season when it is not being utilized." SECTION 4. Chapter 14 Offenses, Article I, Section 14-36(B) shall be repealed in its entirety and replaced with the following language: "Public Property. Except as specifically provided in other sections of this Code, consumption or possession of any alcoholic liquors, at any time in any public park, street, alley or public place owned controlled or operated by the City is prohibited." SECTION 5. All Ordinances or parts thereof in conflict with the terms and provisions hereof 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, McHenry County, Illinois. SECTION 7: 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 15th day of July, 2019. Alderwoman Baehne Alderman Devine Alderman Glab Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayn./J/tt�&iayor Ayes Nays X k k X k Absent Abstain Monte Johnson, D puty Clerk