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HomeMy WebLinkAboutG14-23 Ordinance No. G14-23 AN ORDINANCE ADOPTING THE ELGIN MUNICIPAL CODE WHEREAS, Municode has compiled, edited and published a recodification of the permanent and general ordinances of the City of Elgin, Illinois; and WHEREAS, it is necessary and desirable to adopt said recodification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby adopted the "Elgin Municipal Code", as compiled, edited and published by Municode, a copy of which is attached hereto and made a part hereof by reference as Exhibit A, as the municipal code of the City of Elgin. Section 2. The "Elgin Municipal Code" shall be referred to in any prosecution for the violation of any provisions thereof or any proceeding at law or in equity. It shall be sufficient to designate any ordinance, adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment, correction or repeal of the "Elgin Municipal Code". Further reference made be had to the titles, chapters, sections and subsections of the "Elgin Municipal Code" and such references shall apply to the numbered title, chapter, section or subsection as it appears in the code. Section 3. That the last ordinance of the City of Elgin included in the "Elgin Municipal Code" attached as Exhibit A is Ordinance G46-22, passed August 10, 2022. The following ordinances, passed subsequently to G46-22, but prior to the adoption of the "Elgin Municipal Code", be and are hereby adopted and made a part of the "Elgin Municipal Code": Date of Ordinance Passage by Number Title of Ordinance Council Ordinance Amending Chapter 6.08 of the Elgin Municipal Code, 1976, as G52-22 Amended, Entitled "Video Gaming" 8/24/2022 Ordinance Amending Chapter 6.08 of the Elgin Municipal Code, 1976, as Amended, Entitled "Video Gaming" to Amend the Number of Available G53-22 Video Gaming Licenses 8/24/2022 Ordinance Amending Section 2.52.165 of the Elgin Municipal Code, 1976, as Amended, Entitled "Internal Investigations", Regarding Internal G56-22 _Investigations of Members and Employees of the Police Department 9/14/2022 Ordinance Amending Chapter 6.08 of the Elgin Municipal Code, 1976, as G57-22 Amended, Entitled "Video Gaming" 9/28/2022 Ordinance Amending Chapter 6.08 of the Elgin Municipal Code, 1976, as Amended, Entitled "Video Gaming" to Amend the Number of Available G58-22 Video Gaming Licenses 9/28/2022 Ordinance Amending Chapter 6.06 of the Elgin Municipal Code, 1976, as Amended, Entitled "Alcoholic Liquor Dealers" to Amend the Number of G61-22 Certain Available Liquor License Classifications 10/26/2022 Ordinance Amending Chapter 6.06 of the Elgin Municipal Code, 1976, as Amended, Entitled "Alcoholic Liquor Dealers" to Amend the Number of G63-22 Certain Available Liquor License Classifications 11/16/2022 Ordinance Amending Chapter 6.06 of the Elgin Municipal Code, 1976, as Amended, Entitled "Alcoholic Liquor Dealers" to Amend the Number of G66-22 Certain Available Liquor License Classifications 12/21/2022 Ordinance Repealing Chapter 2.20 of the Elgin Municipal Code, 1976, as Amended, Entitled "Residency and Community Service Requirements for G73-22 _City Officers" 12/21/2022 Ordinance Amending Chapter 3.08 of the Elgin Municipal Code, 1976, as G3-23 Amended, Entitled "Board of Fire and Police Commissioners" 1/25/2023 Ordinance Amending Chapter 6.06 of the Elgin Municipal Code, 1976, as Amended, Entitled "Alcoholic Liquor Dealers" to Amend the Number o G4-23 Certain Available Liquor License Classifications 1/25/2023 Ordinance Amending Chapter 6.06 of the Elgin Municipal Code, 1976, as Amended, Entitled "Alcoholic Liquor Dealers" to Amend the Number o G10-23 Certain Available Liquor License Classifications 12/22/2023 Section 4. That whenever a reference is made to the "Elgin Municipal Code" or to any portion thereof, or to any ordinance of the City of Elgin, the reference shall apply to all amendments, corrections, additions heretofore now, or hereafter made. Section 5. Title,chapter and section headings contained in the "Elgin Municipal Code" shall not be deemed to govern, limit,modify, or in any manner affect the scope,meaning,or intent of the provisions of any title, chapter or section of the code. Section 6. The provisions of the "Elgin Municipal Code," shall not in any manner affect matters of record which refer to or are otherwise related to ordinances which are therein specifically designated by number or otherwise and which are included within the "Elgin Municipal Code," but such references shall be construed to apply to the corresponding provisions contained in the code. Section 7. Neither the adoption of the "Elgin Municipal Code," shall in any manner affect the prosecution for violations of ordinances committee prior to the effective date of this ordinance, nor shall it be construed as a waiver of any license, fee or penalty which upon the effective date of this ordinance is due or unpaid,nor shall it be construed as affecting the provisions of any ordinance relating to the collection of any license, fee or penalty or the penal provisions 2 applicable to any violation thereof, nor to affect the validity of any bond, fine or deposit, and all rights and obligations thereunder shall continue in full force and effect. Section 8. That the Elgin Municipal Code be and is hereby further amended to include therein the provisions of this ordinance by adding a new Chapter 1.01 thereto entitled "Code Adoption"in the form as set forth in Exhibit B attached hereto and made a part hereof by reference. Section 9. That this ordinance shall be in full force and effect from and after April 12, 2023 and shall be published in pamphlet form by authority of the City Council of the City of Elgin, Illinois. le � David J. K in, Nfayor Presented: April 12, 2023 Passed: April 12, 2023 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 12, 2023 Published: April 12, 2023 , A st: imberly Dewis, Ci rk 3 EXHIBIT A 4 Ordinance No. G46-22 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED, "ZONING" WHEREAS, written application has been made to amend the Elgin zoning ordinance to amend the areas of special character to provide for special street graphics not otherwise allowed by the zoning ordinance; and WHEREAS,the Planning and Zoning Commission held a public hearing on March 7,2016, concerning the proposed amendments after due notice in manner provided by law; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said amendments, hereto attached as Exhibit A; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said amendments; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to this ordinance to amend the areas of special character pertain to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CTI'Y OF ELGIN, ILLINOIS: Section 1. That Section 19.50.105 of the Elgin Municipal Code, 1976,as amended,entitled "Areas of Special Character", Subsection A.2 entitled "Randall Road/1-90 area", be and is hereby further amended by adding the following additional subparagraph "h"thereto to read as follows: "h. The property commonly known as 2530 Mason Road, such property being legally described as follows: PARCEL ONE: LOT 1 OF WEDGEWOOD ACRES UNIT NO. i AND THAT PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 30 TOWNSHIP 42 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EASTERLY OF 'THE WESTERLY LINE OF SAID LOT EXTENDED NORTHERLY AND SOUTHERLY OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY, IN THE TOWNSHIP OF DUNDEE,KANE COUNTY, ILLINOIS. PARCEL TWO: LOT 2 OF WEDGEWOOD ACRES UNIT NO. 1 AND THAT PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 30 TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHERLY OF AND ADJACENT TO SAID LOT 2 (AND LYING BETWEEN THE EASTERLY AND WESTERLY LINES OF SAID LOT 2 EXTENDED NORTHERLY) AND SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS." Vacated Mason Road Section THAT PART OF THE MASON ROAD BEING IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF MASON ROAD WITH THE SOUTHWESTERLY LINE OF THE NORTHWEST TOLLROAD,(190);(ALSO BEING THE SOUTHEAST CORNER OF LOT 1 OF WEDGEWOOD ACRES SUBDIVISION UNIT NO. 1, A SUBDIVISION OF SAID NORTHEAST QUARTER); THENCE SOUTH 59 DEGREES 30 MINUTES 39 SECONDS EAST ALONG SAID SOUTHEASTERLY LINE, 65.57 FEET TO THE SOUTH LINE OF SAID MASON ROAD, (ALSO BEING THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 6 OF CAPITAL CORPORATE CENTER SUBDIVISION, A SUBDIVISION OF SAID NORTHEAST QUARTER); THENCE NORTH 89 DEGREES 40 MINUTES 41 SECONDS WEST ALONG SAID NORTHERLY LINE, 411.77 FEET TO THE NORTHWEST CORNER OF SAID LOT 6; THENCE NORTH 62 DEGREES 59 MINUTES 15 SECONDS WEST 74.81 FEET TO THE NORTH LINE OF MASON ROAD, (ALSO BEING THE SOUTH LINE OF LOT 1 AFORESAID), ); THENCE SOUTH 89 DEGREES 43 MINUTES 32 SECONDS EAST ALONG SAID NORTHERLY LINE, 420.20 FEET TO THE POINT OF BEGINNING,IN THE CITY OF ELGIN,KANE COUNTY,ILLINOIS. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. ka in, ayor -2 - Presented: August 10, 2022 Passed: August 10, 2022 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: August 10, 2022 Published: August 10, 2022 , Att st: `i Kimberly Dewis, Ci lerk ., - 3 - EXHIBIT B 5 CHAPTER 1.01 CODE ADOPTION 1.01.010: CODE ADOPTED: There is adopted the Elgin Municipal Code, as complied, edited, and published by Municode, as the Municipal Code of the City. The ordinances embraced in this and the following titles shall constitute and be designated the 'Elgin Municipal Code". 1.01.020: REFERENCE TO CODE; METHOD: The Elgin Municipal Code shall be referred to in any prosecution for the violation of any provisions thereof or any proceeding at law or in equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment,correction or repeal of the Elgin Municipal Code. Further reference may be had to the titles, chapters, sections, and subsections of the Elgin Municipal Code and such references shall apply to the numbered title, chapter section or subsection as it appears in the Code. 1.01.030: INCLUSION OF INTERIM ORDINANCES: The last ordinance of the City included in the Elgin Municipal Code is Ordinance G46-22,passed August 10,2022.The following ordinances,passed subsequent to G46-22,but prior to the adoption of the Elgin Municipal Code, are adopted and made a part of the Elgin Municipal Code. Date of Ordinance Passage by Number Title of Ordinance Council Ordinance Amending Chapter 6.08 of the Elgin Municipal Code, 1976, as G52-22 Amended, Entitled "Video Gaming" 8/24/2022 Ordinance Amending Chapter 6.08 of the Elgin Municipal Code, 1976, as Amended, Entitled "Video Gaming"to Amend the Number of Available 53-22 Video Gaming Licenses 8/24/2022 Ordinance Amending Section 2.52.165 of the Elgin Municipal Code, 1976, as Amended, Entitled "Internal Investigations",Regarding Internal 56-22 Investi ations of Members and Employees of the Police Department 9/14/2022 Ordinance Amending Chapter 6.08 of the Elgin Municipal Code, 1976, as 57-22 Amended, Entitled "Video Gaming" 9/28/2022 Ordinance Amending Chapter 6.08 of the Elgin Municipal Code, 1976, as Amended, Entitled "Video Gaming"to Amend the Number of Available 58-22 Video Gaming Licenses 9/28/2022 Ordinance Amending Chapter 6.06 of the Elgin Municipal Code, 1976,as Amended, Entitled "Alcoholic Liquor Dealers" to Amend the Number of G61-22 Certain Available Liquor License Classifications 10/26/2022 Ordinance Amending Chapter 6.06 of the Elgin Municipal Code, 1976, as Amended, Entitled "Alcoholic Liquor Dealers" to Amend the Number of G63-22 Certain Available Liquor License Classifications 11/16/2022 Ordinance Amending Chapter 6.06 of the Elgin Municipal Code, 1976, as Amended, Entitled "Alcoholic Liquor Dealers" to Amend the Number of G66-22 Certain Available Liquor License Classifications 12/21/2022 Ordinance Repealing Chapter 2.20 of the Elgin Municipal Code, 1976, as Amended, Entitled"Residency and Community Service Requirements for 73-22 City Officers" 12/21/2022 Ordinance Amending Chapter 3.08 of the Elgin Municipal Code, 1976, as G3-23 Amended, Entitled"Board of Fire and Police Commissioners" 1/25/2023 Ordinance Amending Chapter 6.06 of the Elgin Municipal Code, 1976, as Amended, Entitled "Alcoholic Liquor Dealers" to Amend the Number o 4-23 Certain Available Liquor License Classifications 1/25/2023 Ordinance Amending Chapter 6.06 of the Elgin Municipal Code, 1976, as Amended, Entitled "Alcoholic Liquor Dealers" to Amend the Number o 10-23 Certain Available Liquor License Classifications 12/22/2023 1.01.040: REFERENCE TO CODE; SCOPE: Whenever a reference is made to the Elgin Municipal Code, or to any portion thereof, or to any ordinance of the City, the reference shall apply to all amendments, corrections, and additions heretofore now,or hereafter made. 1.01.050: CATCHLINES NOT TO GOVERN: Title, chapter and section headings contained in the Elgin Municipal Code shall not be deemed to govern,limit,modify or in any manner affect the scope,meaning or intent of the provisions of any title,chapter or section of the Code. 1.01.060: REFERENCE TO SPECIFIC ORDINANCES: The provisions of the Elgin Municipal Code shall not in any manner affect matters of record which refer to or are otherwise related to ordinances which are therein specifically designated by number or otherwise, and which are included within the Elgin Municipal Code but such references shall be construed to apply to the corresponding provisions contained in the Code. 1.01.070: EFFECT ON PRIOR OBLIGATIONS AND ACTIONS: 2 The adoption of the Elgin Municipal Code shall not in any manner affect the prosecution for violations of ordinances committed prior to April 12, 2023, nor shall it be construed as a waiver of any license,fee,or penalty which upon April 12,2023,is due or unpaid;nor shall it be construed as affecting the provisions of any ordinance relating to the collection of any license,fee or penalty or the penal provisions applicable to any violation thereof; nor to affect the validity of any bond, fine,or deposit, and all rights and obligations thereunder shall continue in full force and effect. 3