HomeMy WebLinkAboutG15-22 Ordinance No. G15-22
AN ORDINANCE
AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "ZONING" TO MODIFY REGULATIONS FOR INDIVIDUAL
AND FAMILY SOCIAL SERVICES
WHEREAS, a written application has been made to amend various chapters of Title 19 of
the Elgin Municipal Code entitled "Zoning" to modify the regulations for Individual and family
social services (832); and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on February 7, 2022, following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their written findings and recommendation that the requested
amendments be granted; and
WHEREAS, the City Council concurs with the findings and recommendation of 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,regulations in the city's zoning ordinance
relating to Individual and family social services (832),pertain to the government and affairs of the
city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact,dated February 7,2022 made by the Community Development Department and the Planning
and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference
as Exhibit A.
Section 2. That Section 19.30.130. A. 4. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Permitted Uses, Land Use, CF Community Facility
District)be and is hereby further amended to add the following:
"Individual and family social services(832),specifically including only the following uses:
Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential:
except medical treatment, Counseling centers, Family counseling services, Family service
agencies,Marriage counseling services,Referral services for personal and social problems,
Self-help organizations for alcoholics and gamblers, and Telephone counseling service."
Section 3. That Section 19.30.130. B. 1. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Conditional Uses, Land Use, CF Community Facility
District)be and is hereby further amended by deleting the following:
Section 4. That Section 19.30.130. B. 1. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Conditional Uses, Land Use, CF Community Facility
District)be and is hereby further amended to add the following:
"Individual and family social services (832), except the following uses: Aid to families
with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical
treatment, Counseling centers, Family counseling services, Family service agencies,
Marriage counseling services,Referral services for personal and social problems,Self-help
organizations for alcoholics and gamblers, and Telephone counseling service."
Section 5. That Section 19.35.230. A. 5. of the Elgin Municipal Code, 1976, as
amended,entitled"Services division"(Permitted Uses,Land Use,RB Residence Business District)
be and is hereby further amended to add the following:
"Individual and family social services(832),specifically including only the following uses:
Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential:
except medical treatment, Counseling centers, Family counseling services, Family service
agencies,Marriage counseling services,Referral services for personal and social problems,
Self-help organizations for alcoholics and gamblers, and Telephone counseling service."
Section 6. That Section 19.35.230. B. 4. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Conditional Uses, Land Use, RB Residence Business
District)be and is hereby further amended by deleting the following:
Section 7. That Section 19.35.230. B. 4. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Conditional Uses, Land Use, RB Residence Business
District) be and is hereby further amended to add the following:
"Individual and family social services (832), except the following uses: Aid to families
with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical
treatment, Counseling centers, Family counseling services, Family service agencies,
Marriage counseling services,Referral services for personal and social problems, Self-help
organizations for alcoholics and gamblers, and Telephone counseling service."
Section 8. That Section 19.35.330. A. 5. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Permitted Uses, Land Use, NB Neighborhood Business
District) be and is hereby further amended to add the following:
2
"Individual and family social services(832),specifically including only the following uses:
Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential:
except medical treatment, Counseling centers, Family counseling services, Family service
agencies,Marriage counseling services,Referral services for personal and social problems,
Self-help organizations for alcoholics and gamblers, and Telephone counseling service."
Section 9. That Section 19.35.330. B. 4. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Conditional Uses, Land Use, NB Neighborhood Business
District)be and is hereby further amended by deleting the following:
Section 10. That Section 19.35.330. B. 4. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Conditional Uses, Land Use, NB Neighborhood Business
District)be and is hereby further amended to add the following:
"Individual and family social services (832), except the following uses: Aid to families
with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical
treatment, Counseling centers, Family counseling services, Family service agencies,
Marriage counseling services,Referral services for personal and social problems,Self-help
organizations for alcoholics and gamblers,and Telephone counseling service."
Section 11. That Section 19.35.430. A. 5. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Permitted Uses, Land Use, AB Area Business District) be
and is hereby further amended to add the following:
"Individual and family social services(832),specifically including only the following uses:
Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential:
except medical treatment, Counseling centers, Family counseling services, Family service
agencies,Marriage counseling services,Referral services for personal and social problems,
Self-help organizations for alcoholics and gamblers, and Telephone counseling service."
Section 12. That Section 19.35.430. B. 3. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Conditional Uses, Land Use, AB Area Business District)
be and is hereby further amended by deleting the following:
Section 13. That Section 19.35.430. B. 3. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Conditional Uses, Land Use, AB Area Business District)
be and is hereby further amended to add the following:
"Individual and family social services (832), except the following uses: Aid to families
with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical
treatment, Counseling centers, Family counseling services, Family service agencies,
3
Marriage counseling services,Referral services for personal and social problems, Self-help
organizations for alcoholics and gamblers, and Telephone counseling service."
Section 14. That Section 19.35.530. A. 5. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Permitted Uses, Land Use, CC1 Center City District) be
and is hereby further amended to add the following:
"Individual and family social services(832),specifically including only the following uses:
Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential:
except medical treatment, Counseling centers, Family counseling services, Family service
agencies,Marriage counseling services,Referral services for personal and social problems,
Self-help organizations for alcoholics and gamblers, and Telephone counseling service."
Section 15. That Section 19.35.530. B. 4. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Conditional Uses, Land Use, CC 1 Center City District) be
and is hereby further amended by deleting the following:
Section 16. That Section 19.35.530. B. 4. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Conditional Uses, Land Use, CC 1 Center City District) be
and is hereby further amended to add the following:
"Individual and family social services (832), except the following uses: Aid to families
with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical
treatment, Counseling centers, Family counseling services, Family service agencies,
Marriage counseling services,Referral services for personal and social problems,Self-help
organizations for alcoholics and gamblers, and Telephone counseling service."
Section 17. That Section 19.35.730. A. 5. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Permitted Uses, Land Use, CC2 Center City District) be
and is hereby further amended to add the following:
"Individual and family social services(832),specifically including only the following uses:
Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential:
except medical treatment, Counseling centers, Family counseling services, Family service
agencies,Marriage counseling services,Referral services for personal and social problems,
Self-help organizations for alcoholics and gamblers, and Telephone counseling service."
Section 18. That Section 19.35.730. B. 4. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Conditional Uses, Land Use, CC2 Center City District) be
and is hereby further amended by deleting the following:
4
Section 19. That Section 19.35.730. B. 4. of the Elgin Municipal Code, 1976, as
amended, entitled "Services division" (Conditional Uses, Land Use, CC2 Center City District) be
and is hereby further amended to add the following:
"Individual and family social services (832), except the following uses: Aid to families
with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical
treatment, Counseling centers, Family counseling services, Family service agencies,
Marriage counseling services,Referral services for personal and social problems, Self-help
organizations for alcoholics and gamblers, and Telephone counseling service."
Section 20. All above affected sections of Title 19 shall be either re-numbered and/or re-
alphabetized accordingly.
Section 21. 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 22. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
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Presented: March 23, 2022
Passed: March 23, 2022
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: March 23, 2022 tetoilt
Published: March 23, 2022
imberly Dewis, ity erk ;�
5
EXHIBIT A
February 7, 2022
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 01-22, an application by
the Development Administrator of the City of Elgin, as Applicant,to amend Title 19"Zoning"of
the Elgin Municipal Code, 1976 as amended, to modify the zoning regulations for individual and
family social services(832)in the Business Districts and CF Community Facility District.
GENERAL INFORMATION
Petition Number: 01-22
Requested Action: Amend various parts of title 19 "Zoning"to modify the zoning
regulations for individual and family social services(832)
Applicant: Marc S. Mylott,AICP; Director of Community Development
Staff Coordinator: Damir Latinovic,AICP, Senior Planner
Exhibits Attached: A. Development Application
B. Draft Ordinance
Recommendation & Findings of Fact
Petition 01-22
February 7, 2022
TEXT AMENDMENT SUMMARY
The City of Elgin is proposing a zoning ordinance text amendment to modify the zoning
regulations for individual and family social services(832) in the Business Districts (RB,NB, and
AB),the downtown Center City Districts(CC 1 and CC2),and the CF Community Facility District.
Specifically, staff is proposing to allow counseling services, which are classified as a individual
and family social service, as a permitted use in the same Business Districts, Center City Districts,
and theCF Community Facility District.
All zoning districts in the City's zoning ordinance include a list of land uses allowed as a permitted
use, and a list of land uses allowed as a conditional use. If a business is classified as a permitted
use,the applicant only needs to submit a business application for a business license and a certificate
of occupancy, for administrative staff review, which is typically approved by staff within 10
business days. If a business needs to make interior or exterior modifications to the building and/or
the site to accommodate the new use, then a building permit application with plans is submitted
prior to the business application. The business license and the certificate of occupancy are issued
after all work is complete and final inspections are approved.
If a business is classified as a conditional use, the applicant must first submit a development
application for conditional use approval (zoning approval). The applications for conditional use
are reviewed by staff, the Planning and Zoning Commission at a public hearing, and by the City
Council over two meetings. The development application review process typically takes 60-90
days from the date the City has a complete application to the final determination by the City
Council. If the City Council approves the conditional use, the applicant then proceeds with the
submittal of a business application or a building permit application.
While some land uses have their own definition with Elgin's zoning ordinance, a vast majority of
land uses listed in all zoning districts refer to the US Department of Labor's Standard Industrial
Classification System for definition of each type of use. Figure 1 below provides an example of
some of the permitted and conditional uses allowed in the RB Residence Business District.
-2 -
Recommendation & Findings of Fact
Petition 01-22
February 7, 2022
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Figure 1.Exert from Section 19.35.230 Land Use of the zoning ordinance listing some of the permitted
and conditiona uses in the RB Residence Business District
Individual and family social services (832) land use category includes: "...establishments
primarily engaged in providing one or more of a wide variety of individual and family social,
counseling,welfare,or referral services,including refugee,disaster,and temporary relief services.
This industry includes offices or specialists providing counseling, referral, and other social
services..." The full list of uses classified under Individual and family social services (832) is
provided in Figure 2.
Individual and family social services (832) land use is allowed as a conditional use in all
commercial Business Districts (RB,NB, and AB),the downtown Center City Districts (CC 1 and
CC2), and the CF Community Facility District. The use is not allowed as a permitted use in any
zoning district. On the other hand, offices and clinics of psychiatrists, psychologists, and
psychotherapists are permitted uses in these zoning districts. From a land-use perspective,
counseling services are indistinguishable from these offices and clinics of doctors and health
practitioners.
The proposed text amendment to the zoning ordinance would allow counseling services as a
permitted use in the same Business Districts, the downtown Center City Districts, and the CF
Community Facility District where they are currently allowed as a conditional use. Specifically,
the following uses are proposed to be allowed as a permitted use (uses highlighted in yellow in
Figure 2): 1
• Aid to families with dependent children(AFDC)
• Alcoholism counseling,nonresidential: except medical treatment
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Recommendation & Findings of Fact
Petition 01-22
February 7, 2022
• Counseling centers
• Family counseling services
• Family service agencies
• Marriage counselling services
• Referral services for personal and social problems
• Self-help organizations for alcoholics and gamblers
• Telephone counseling service
Description for 8322: Individual and Family Social Services
Division I.Services I Major Group 83.Social Services Industry Group 832.Individual Arid Family Social Services
8322 Individual and Family Social Services
Establishments primarily engaged in providing one or nrore of a wide variety of individual and family social,counseling,welfare.
or referral services,including refugee,disaster,and temporary relief services.This industry includes offices of specialists
providing counseling,referral,and other social services.Government offices directly concerned with the delivery of social
services to individuals and families,such as issuing of welfare aid,rent supplements,food stamps,and eligibility casework,are
included here,but central office administration of these programs is classified in Public Administration,Industry 9441.Social
Security offices are also classified in Public Administration,Industry 9441.Establishments primarily engaged in providing
vocational rehabilitation or counseling are classified in Industry 8331.and fraternal,civic,and social associations are classified in
Industry 8641.
• Activity centers,elderly or handicapped
• Adoption services
• Adult day care centers
• Aid to families with dependent children(AFDC)
• Alcoholism counseling,nonresidential except medical treatmenl
• Centers for senior citizens
• Child guidance agencies
• Community centers
• Counseling centers
• Crisis centers
• Crisis intervention centers
• Day care centers,adult and handicapped
• Disaster services
• Emergency shelters
• Family counseling services
• Family location services
• Family service agencies
• Helping hand services
• Homemakers service,primarily nonmedical
• Hotlines
• Marnage counseling services
• Meal delivery programs
• Multiservice centers,neighborhood
• Neighborhood centers
• Offender rehabilitation agencies
• Offender self-help agencies
• Old age assistance
• Outreach programs
• Parole offices
• Probation offices
• Public welfare centers,offices of
• Referral services for personal and social problems
• Refugee services
• Relief services,temporary
• Self-help organizations for alcoholics and gamblers
• Senior citizens associations
• Service leagues
• Settlement houses
• Social service centers
• Telephone counseling service
• Travelers aid centers
• Youth centers
• Youth self-help organizations
Figure 2.List of Individual and Family Social Services
All other uses classified under Individual and family social services(832)would remain classified
as a conditional use. Many of those more closely resemble assembly uses than offices and clinics
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Recommendation & Findings of Fact
Petition 01-22
February 7, 2022
of doctors and health practitioners, and need to remain as a conditional use.
Over the last several years, staff has experienced a substantial increase in inquiries about
establishing counseling services. The proposals range from larger counseling centers offering a
variety of services for a variety of mental health conditions,to small one-or two-room offices with
one or two providers providing counseling services tailored to such provider's expertise, such as
alcoholism or family matters. Some of those inquiries result in the submittal of a development
application for the conditional use approval,while others don't.
Over the last four years, the City received and processed six applications for conditional use to
establish a counseling service. In all instances, the applicants were not proposing any exterior
changes to the building or the site, and only minor interior renovations to accommodate the
proposed use. All six were approved unanimously with no objections from the public or
surrounding businesses.
If the proposed amendment is approved, it would reduce start-up costs for counseling businesses
and it would save approximately 60-90 days of review time necessary for the approval of a
development application for a conditional use.
The Community Development Department and the Planning & Zoning Commission have made
the following findings regarding this application:
STANDARDS FOR TEXT AMENDMENTS
For consideration by the Planning and Zoning Commission, the Community Development
Department offers that the proposed text amendment complies with the following purposes and
intent of the Zoning Ordinance(§ 19.05.300):
❑ Promote the public health, safety,comfort,morals,convenience, and general welfare;
❑ Conserve the taxable value of land and structures throughout the city;
❑ Establish standards to which building or structures therein shall conform; and
❑ Prohibiting uses, buildings, or structures incompatible with the character of the
preservation, conservation, residence, community facility, business, and industrial zoning
districts.
In addition,the Comprehensive Plan includes the following objective:
Identify opportunities to enhance the City's competitiveness for business and employment
investment, including evaluating the current regulatory environment (see Chapter 11,
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Recommendation & Findings of Fact
Petition 01-22
February 7, 2022
Implementation Action Matrix, Commercial Areas, Goal #2: Further Develop the City's
Economic and Employment Development Programs, Business Friendliness: Community
Competitiveness Assessment).
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petition 01-22.
The vote of the Planning & Zoning Commission on the motion to recommend approval was four
(4)yes,one(1)no, and zero(0) abstentions. Two members were absent.
Respectfully Submitted,
s/Jav Cox
Jay Cox, Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic,AICP; Secretary
Planning&Zoning Commission
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