A. Building Permit: It shall be unlawful to commence the construction, alteration, repair, removal or demolition of any structure in the City without obtaining a building permit from the City. The Building Officer shall issue no building permit unless he or she has determined that the plans for the property for which the permit is sought comply with all applicable provisions of this title and with other applicable codes and ordinances of the City.
B. Certificate Of Occupancy:
1. It shall be unlawful to occupy or use any structure, land, water or premises in the City, or change the occupancy or use thereof, in whole or in part, without obtaining a Certificate of Occupancy from the City.
2. The Zoning Administrator shall issue no Certificate of Occupancy for a new or remodeled premises unless he or she has inspected the premises after completion of all construction and certified that the premises is in conformity with the plans on which the building permit was based. He or she shall likewise issue no Certificate of Occupancy for a change of occupancy without certifying that the proposed occupancy will be in conformance with all applicable regulations herein.
3. The following shall be exempt from the requirement for a Certificate of Occupancy:
a. Land used for agricultural cultivation.
b. Residential buildings in which there is a change of occupancy that does not involve a change to a different permitted or conditional use.
4. A temporary Certificate of Occupancy for a period not to exceed six (6) months may be issued, consistent with the safety of the occupants, for occupancy or partial occupancy pending completion of construction or alterations.
5. The Zoning Administrator shall either issue or deny a Certificate of Occupancy within twenty (20) days of application therefor. The Administrator shall advise the applicant in writing of the reasons for any denial. (Ord. 86-382, 12-22-1986)
A. Duties Of Commission: The duties of the Planning and Zoning Commission are:
1. Prepare and recommend to the City Council a comprehensive plan for the present and future development or redevelopment of the City. After its adoption by the City Council, this plan shall be known as the City of McHenry Comprehensive Plan (“Comprehensive Plan”). Thereafter, from time to time, the commission may recommend changes in the Comprehensive Plan. This Comprehensive Plan may include reasonable requirements with reference to the streets, alleys, public grounds and other improvements in unsubdivided land situated within the corporate limits or in contiguous territory not more than one and one-half (1-1/2) miles beyond the corporate limits and not included in any municipality. These requirements shall be effective whenever this unsubdivided land is subdivided after the adoption of the Comprehensive Plan. Following the adoption of the Comprehensive Plan, no map or plat of any subdivision presented for record affecting land within the corporate limits of the City or in contiguous territory outside of and not more than one and one- half (11/2) miles from those limits and not included in any other municipality, shall be entitled to record or shall be valid unless the subdivision thereon shall provide for streets, alleys, public grounds and other public improvements in conformity with the Comprehensive Plan.
2. From time to time, prepare and recommend changes in the Comprehensive Plan, or plans for specific improvements in the pursuance of the Comprehensive Plan to the City Council.
3. Provide assistance to the City officials charged with the direction of projects for improvements embraced within the Comprehensive Plan and to further the making of these projects, and generally promote the Comprehensive Plan.
4. Exercise such other powers, germane to the powers granted by this Code as may be conferred by the City and are granted a City under the Illinois Municipal Code, including, but not limited to, 65 Illinois Compiled Statutes 5/11-12-4 to 5/11-12-12.
5. Hear appeals from any order, requirement, decision or determination of the Zoning Administrator, relating to this title, by any person, firm or corporation aggrieved thereby, or by any officer, department, council or commission of the City.
6. Recommend to the City Council, after holding a public hearing, on applications for variations from the strict enforcement of any provisions of this title, in accordance with the rules and standards set forth therein.
7. Recommend to the City Council, after holding a public hearing, on applications for conditional uses listed in each of the several zoning districts.
8. Recommend to the City Council, after holding a public hearing, on applications for planned developments referred to it by the City Council and to hear and decide other matters referred to it or upon which it is required to pass under the provisions of this title.
9. Recommend to the City Council, after holding a public hearing, on petitions for amendment of the provisions of this title and the boundary lines of zoning districts established therein.
10. To transmit to the City Council, with every recommendation, findings of fact and to refer to any exhibits containing plans and specifications relating to its recommendation, which plans and specifications shall remain a part of the permanent records of the commission. The findings of facts shall specify the reason or reasons for its recommendation. The terms of the relief recommended shall be specifically set forth in a conclusion or statement separate from the findings of fact of the commission.
11. Appoint one member to serve as Chairperson and another member to serve as Vice Chairperson, who shall serve as acting Chairperson in the Chairperson’s absence.
12. Keep written minutes of its proceedings, which shall be a public record.
13. File immediately in the Office of the City Clerk every rule, order, requirement, decision or determination of the commission after any meeting or hearing, which shall be a public record.
14. Nothing contained herein shall be construed to authorize the commission to change any of the provisions of this title or district boundary lines established hereby. The concurring vote of four (4) members shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the applicant any matter upon which the commission is authorized to act.
15. File an annual report with the Mayor and City Council setting forth its transactions and recommendations.
16. Adopt bylaws and any other procedural rules consistent with this and other City ordinances and State Statutes.
17. Cooperate with County and regional Planning Commissions and other groups to promote coordinated planning.
18. Recommend to the City Council the employment of such professional planning, legal, engineering or administrative assistance as is necessary to fulfill its responsibilities.
19. Carry out any other function concerning land subdivision or other matters that may be conferred upon it by the Subdivision Control Ordinance, Zoning Ordinance, this Code, or any other City ordinance, and the Illinois Municipal Code, and discharge any other duties referred or assigned to it by the City Council.
B. Special Zoning Commission: The commission shall serve as a special zoning commission whenever a text amendment is proposed to this title.
C. Meetings: All meetings of the commission shall be held at the call of the Chairperson and at such other times as the commission and/or City Council may determine. The presence of four (4) members shall be necessary for a quorum. All meetings shall be open to the public. The Chairperson, or Vice Chairperson, may administer oaths and compel the attendance of witnesses. The commission shall keep minutes of its proceedings, keep record of its examinations and other official actions, prepare findings of fact and record the individual votes upon every question. Expenses incurred by the commission in the performance of official duties are to be itemized and shall be borne by the City.
(Ord. 86-382, 12-22-1986; amd. 2019 Code)
D. Copies Of Planning And Zoning Commission Minutes: A draft copy of the unapproved Planning and Zoning Commission minutes shall be mailed without charge to those persons who have registered their names as attendees at any Planning and Zoning Commission hearing/meeting and who have indicated on the attendance sheet of that Planning and Zoning Commission hearing/meeting that such person wants a copy of such minutes. The failure to receive mail delivery of such minutes shall not constitute a basis for objecting to the proceedings or to delay any scheduled proceedings relating to the subject matter of such meetings. Such Planning and Zoning Commission minutes shall also be furnished without charge to any person residing within the planning jurisdiction of the City who presents themselves at the Municipal Center and requests copies thereof.
(Ord. 19-1186, 2-18-2019)
A. Zoning Administrator: The Zoning Administrator shall be charged with the enforcement of this title. In discharging this responsibility, he or she shall:
1. Issue Certificates of Occupancy, conditional use permits, temporary use permits, sign permits and other permits or certificates provided for herein.
2. Conduct inspections of structures and uses to determine compliance with this title.
3. Notify in writing any party believed to be responsible for violating a provision of this title and order action to correct the violation.
4. Prepare and cause to be published on or before March 31 of each year a Zoning District Map as amended through the preceding December 31.
5. Attend all meetings of the Planning and Zoning Commission.
6. Provide clerical or technical assistance to the Planning and Zoning Commission.
7. Request the assistance and cooperation of other City officials, departments, boards or commissions, or other agencies as necessary, in the discharge of his or her duties.
8. Procure such engineering, planning or legal assistance from technical experts outside the City government as may be necessary to discharge his or her duties and as is authorized by the City Council.
B. City Clerk: The City Clerk shall have the responsibility to:
1. Receive and forward to the Planning and Zoning Commission all applications and notices required by this title.
2. Maintain records of applications filed, public hearings held, permits and certificates issued, inspections made, reports rendered, and notices or orders issued under the provisions of this title.
(Ord. 86-382, 12-22-1986)
A. Applicability: Any party aggrieved by an administrative order, requirement, decision, or determination made under this title by the Zoning Administrator, Building Officer, or other authorized administrative official, board, commission or department of the City, other than the City Council, may appeal to the Planning and Zoning Commission.
B. Notice Of Appeal: A Notice of Appeal shall be filed with the Zoning Administrator within forty five (45) days of the order or decision being appealed. The notice shall contain:
1. The name, address and telephone number of the party filing the appeal.
2. The location of the property affected by the decision being appealed.
3. Identification of the section in this title governing the decision being appealed.
4. A statement of the grounds on which the appeal is based.
5. The reason given by the administrative official or body for the decision.
6. A brief summary of the factual evidence upon which the appeal is based.
7. A plot plan and verbal description of the use affected by the decision being appealed.
C. Stay Of Proceedings: The filing of a Notice of Appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Planning and Zoning Commission that in his judgment a stay would cause imminent peril to life or property. In such case, no proceedings shall be stayed without issuance of a restraining order by the Planning and Zoning Commission or a court of record.
D. Hearing And Action:
1. Upon receipt, the Zoning Administrator shall forthwith transmit the Notice of Appeal and the complete record of the decision to the Planning and Zoning Commission. The commission shall fix a reasonable time for a hearing on the appeal and give a minimum of ten (10) days’ notice to the party filing the notice.
2. After the hearing, the Planning and Zoning Commission shall take final action on the appeal, whereby it may affirm, reverse or modify the action being appealed, subject only to judicial review in accordance with applicable State Statutes. To this end, the commission shall have all the powers of the party from which the appeal was taken and may direct the issuance of a permit. A majority vote of all its members shall be required for the commission to take any action.
E. Approval Criteria For Appeals: The commission shall reverse the order appealed only if it finds that the action or decision appealed:
1. Was arbitrary or capricious; or
2. Was based on an erroneous finding of a material fact; or
3. Constituted an abuse of discretion; or
4. Was based on erroneous interpretation of this title or zoning law.
(Ord. 86-382, 12-22-1986)
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