HomeMy WebLinkAboutOrdinances - MC-94-614 - 04/27/1994 - Zoning text amendmentsORDINANCE NO. roc-94-614
An Ordinance Amending various sections
of the Text in the City of
!McHenry Zoning Ordinance
BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY,
McHenry County, Illinois, as follows:
SECTION 1: That the column heading titled "Variance" in
Chapter II, Filing Procedures, Table 1, Required Contents of
Application Filings, of the City of McHenry Zoning Ordinance shall
be amended as follows:
A. Number 19, A Site Plan meeting the requirements of Table
2, shall be changed to the letter "X."
B. Number 22, Renderings, shall be changed to add the letter
"R."
C. Number 26, Traffic Analysis, shall be changed to add the
letter "R."
SECTION 2: That Chapter VII(A)6, Off -Street Parking and
Loading, Provisions Applying to Parking and Loading, Submission of
Site Plan, of the City of McHenry Zoning Ordinance shall be amended
to add the following:
g. Use variance
SECTION 3: That Chapter VIII(D), Landscaping & Screening,
Landscape Plan Required, of the City of McHenry Zoning Ordinance
shall be amended to add the following:
7. Use variance
SECTION 4: That Chapter XV, Variances, of the City of McHenry
Zoning Ordinance shall be amended to add the following:
E. CONDITIONS OR RESTRICTIONS
The Board may recommend, and the City Council, in granting any
variance, may impose such conditions or restrictions as appear
necessary to minimize possible detrimental effects of such variance
upon other properties in the subject zoning district or surrounding
neighborhood.
F. REVOCATION OF VARIANCE
A variance may be revoked by the City Council if:
Zoning Ordinance Text Amendment, Page 1
1. Any conditions or restrictions are not complied with
within the time limit specified on the variance;
2. After they are initially complied with, compliance with
such conditions or restrictions is not maintained at any
time;
3. The variance is not established, or a required building
permit is not obtained and building started, within one
year of the date the variance is issued; or
4. With respect to use variances, in the event the use
granted by the variance shall cease to exist for more
than 365 consecutive days.
TABLE 32(A): APPROVAL CRITERIA FOR USE VARIANCES
In recommending approval of a use variance, the Board of Appeals
shall transmit to the City Council written findings of fact that
all of the conditions below apply to the application. The City
Council shall not be bound by the recommendation of the Board of
Appeals. However, in granting approval, the City Council shall
similarly find that all of the following conditions apply:
1. Practical Difficulties or Particular Hardship
For reasons fully set forth in the written findings, the
strict application of the provisions of this Ordinance
relating to the use of the buildings or structures, or the use
of the land, would result in unnecessary and undue hardship
upon the applicant, as distinguished from mere inconvenience.
2. Reasonable Return
The property cannot yield a reasonable return if permitted to
be used only under the conditions allowed by the regulations
in this Ordinance for the pertinent zoning district.
3. Uniaue Circumstances
Special circumstances, fully described in the written find-
ings, exist that are peculiar to the property for which the
use variance is sought and that they do not apply generally to
other properties in the same zoning district.
4. Not Alter Local Character
The granting of the use variance will not alter the essential
character of the locality nor substantially impair environmen-
tal quality, property values, or public safety or welfare in
the vicinity.
Zoning Ordinance Text Amendment, Page 2
5. Consistent with Comprehensive Plan
The granting of a use variance will be .in harmony with the
general purpose and intent of this Ordinance and of the
Comprehensive Plan of the City.
SECTION 5: That the term "Variance" in Chapter XIX, Defini-
tions, of the City of McHenry Zoning Ordinance shall be amended to
read as follows:
VARIANCE: A modification of the provisions of this Ordinance
in accordance with the provisions herein concerning
variances in cases where strict enforcement would
cause undue hardship as a result of special circum-
stances affecting an individual property that do
not generally affect other properties in the same
zoning district. This modification may relate to
the use of the land.
SECTION 6: If any section, paragraph, subdivision, clause,
sentence or provision of this Ordinance shall be adjudged by any
Court of competent jurisdiction to be invalid, such judgment shall
not affect, impair, invalidate or nullify the remainder thereof,
which remainder shall remain and continue in full force and effect.
SECTION 7: All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 8: This Ordinance shall be in full force and effect
upon its passage, approval and publication in pamphlet form (which
publication is hereby authorized) as provided by law.
Voting Aye: Bolger, Locke, Lawson
Voting Nay: Bates, Baird
Absent: None
AbstaT n: None
APPROVED: A
a or Steven J. Cuda
(SQL)
ATTEST-.,0dro.
City Clerk BarbarcYE. G
Passed: April 27, 1994
Approved: April 27, 1994
Zoning Ordinance Text Amendment, Page 3