HomeMy WebLinkAboutG30-25 Ordinance No. G30-25
AN ORDINANCE
AMENDING VARIOUS SECTIONS OF
TITLE 19 OF THE ELGIN MUNICIPAL CODE, ENTITLED "ZONING"
WHEREAS, a written application has been made to amend various chapters of Title 19 of
the Elgin Municipal Code, entitled "Zoning"; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on May 5, 2025 following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
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,regulations in the city's zoning ordinance
relating to land use, 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 Section 19.14.600 of the Elgin Municipal Code entitled"Standards and
consideration" be and is hereby further amended to read as follows:
"19.14.600. Standards and consideration.
In passing upon application for architectural review permits, the development
administrator, the planning and zoning commission and the city council shall consider and
evaluate the propriety of issuing said permit in terms of its effect on the stated purpose and
goals of architectural review and design. To that end, the development administrator, the
planning and zoning commission and the city council shall consider the appearance of a
proposed construction, alteration, enlargement, or remodeling project in terms of the
quality of its design and the relationship to its surroundings. A proposed project should
harmonize with and support the city's character, with special consideration accorded the
preservation and enhancement of landmarks and the preservation and enhancement of
natural features,including,without limitation,existing trees and landscaping. Furthermore,
a project should be consistent with all of the ordinances and regulations of the city.
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including, without limitation, the city zoning ordinance, comprehensive plan and historic
preservation ordinance. In addition, the development administrator, the planning and
zoning commission and the city council shall consider, among other factors, the following
particulars:
A. Landmarks.
1. The quality of landmarks should be preserved by avoiding excessively
similar or dissimilar nearby buildings that detract from a landmark's
uniqueness.
2. Landmarks should not be dwarfed or obstructed from view by nearby
buildings.
B. Site plan.
1. The site should be planned to meet, if not exceed, setbacks and to establish,
protect, and enhance buffer yards between properties and to minimize
disturbance to the natural landscaping on the site. Further,the project should
be designed to preserve and enhance natural features on the site, including,
without limitation, existing trees, wooded areas, buffer yards, and
landscaping.
2. Front and side yard setbacks should respect the setbacks found along the
block on which the building is sited.
3. Access to the site and circulation thereon should be safe and convenient for
pedestrians, cyclists, and vehicles.
4. The location, relationship and orientation of the primary and accessory
buildings and access driveways should be consistent with the established
pattern on the block and in the surrounding area.
5. Driveways should be located to maintain adequate space between cuts in the
streetscape.
6. Driveway and parking areas should be screened to reduce visual intrusions
into surrounding properties.
7. Screening or fencing should be consistent in design and materials with the
principal buildings on the subject and adjacent properties.
8. Monotony should be avoided.
9. Exterior lighting should be designed at a minimum to comply with the
lighting restrictions contained in this titie.
C. Elevations.
1. The scale and height of the project should be visually compatible with the
landscaping and topography of the site and with buildings on the site and in
the surrounding area.
2. The relationship of solids to voids in the front facade of a project should be
visually compatible with buildings, public ways and places to which it is
visually related.
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3. The visual continuity of roofs and their contributing elements (such as
parapet walls, coping, and cornices) shall be maintained in building
development or redevelopment.
4. Monotony should be avoided.
5. Garage doors should be located or oriented, whenever possible, so that the
doors are not facing the front yard of the site.
6. New buildings thirty (30) feet or less in height shall provide screening or
enclosure for all rooftop mechanical equipment, including but not limited to
heating, air conditioning, ventilating, or other mechanical equipment, at a
height equal to or greater than the height of the mechanical equipment.
Construction of the screening or enclosure shall comply with the building
code and be of the same character and design as the new building. A
building permit shall not be issued for any building unless the screening or
enclosure is included on plans submitted with the building permit
application.
D. Landscaping.
1. Landscaping plans should be consistent with the natural environment of the
site, adjacent properties, and the surrounding area, provided that, when a
site is open, suitable landscaping consistent with the wooded nature of the
city should be provided.
2. Existing natural features should be appropriately preserved and integrated
into the project. Under appropriate circumstances, a conservation strip
consisting of landscaping and natural growth but excluding lawns and any
impervious surface between adjacent properties would promote this
objective.
3. The project should be designed to meet, if not exceed, the buffer yard
requirements of this title to maximum screening and buffering in order to
protect neighboring properties from the project.
E. Type, color and texture of materials.
1. Materials should be new. If salvaged materials are proposed to be utilized,
such salvaged materials should be in excellent condition and of first-rate
quality.
2. Materials should be selected for both their durability and beauty.
3. Exterior materials should be consistent with those in the area, or those
originally intended for use in the area. The use of corrugated plastic siding
or corrugated plastic or fiberglass roofing panels is prohibited. This section
is not intended and shall not be construed to prohibit the use of substitute
materials for doors, windows and trim(e.g.,replacement aluminum or vinyl
windows).
4. A project that is obviously incongruous with its surroundings or unsightly
and grotesque should be avoided.
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5. A project whose design or color may be distracting to vehicular traffic so as
to cause a safety hazard should be avoided.
F. Vicinity map.
1. Except in the CC1 Center City Zoning District, the building layout should
maximize the distance between buildings on the site and buildings on
adjacent properties.
2. The building layout should maintain appropriate distances between
buildings on the site itself.
3. The size,scale.and nature of a building or project should not be inconsistent
with the planned city character for the area as expressed in the
comprehensive plan. Nor shall such building or project cause a substantial
depreciation in the property values of adjacent buildings,the neighborhood,
or the city.
4. The project should not unduly detract from the natural environment of the
site, adjacent properties, or the surrounding area.
These criteria are not intended to restrict imagination, innovations, or variety, but
rather to seek to preserve and enhance the city's unique character."
Section 2. That Section 19.50.090 of the Elgin Municipal Code entitled "Special street
graphics," Subsection I entitled "Electronic changeable copy graphic," be and is hereby further
amended to read as follows:
"19.50.090. Special street graphics.
I. Electronic changeable copy graphic. An electronic changeable copy graphic may be
located only in compliance with the provisions of this section and the other provisions
of this chapter.
1. Type. All electronic changeable copy graphics shall be part of a monument graphic.
2. Zoning district districts and maximum number. Electronic changeable copy
graphics shall be allowed only in the CF Community Facility District, the RB
Residential Business District on a zoning lot [SR] containing four(4)or more acres,
the NB Neighborhood Business District, the AB Area Business District, the ORI
Office Research Industrial District, CC2 Center City District, the GI General
Industrial District and the CI Commercial Industrial District, as well as the like
planned development districts.
3. Maximum size. The maximum size of the total electronic display panel of an
electronic changeable copy graphic shall be the lesser of:
a. No more than fifty (50) percent of the total allowable maximum surface area
for the monument graphic in which the electronic display area is to be located;
b. Forty (40) square feet for a monument graphic; or
c. One hundred (100) square feet for a shopping center identification monument
graphic.
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Said panel is not limited to,a specific height or length,except that one (1) measure
cannot be less than twenty-five (25) percent of the other measure.
4. Location. No electronic changeable copy graphic shall be located within a street
yard adjoining a local street,or a collector street,where the property located directly
opposite the public right-of-way is located within a residence district or residence
conservation district identified within section 19.07.300B and C, respectively.
5. Restrictions. An electronic changeable copy graphic shall be operated in
compliance with the following standards:
a. Electronic changeable copy graphics shall display static messages only with
no animation,effects simulating animation or video. No continuous traveling,
scrolling, flashing, spinning, revolving, or shaking, or any other type of
movement or motion of an image shall be allowed.
b. The rate of change for any image shall be a minimum of ten(10) seconds, i.e.,
each image displayed shall be displayed for a minimum period of ten (10)
seconds.
c. Any message change sequence shall be accomplished immediately with no
transition by changing from one (1) screen to another by means of fade,
dissolve, roll, or other like transitional feature.
d. Maximum brightness levels for electronic changeable copy graphics shall not
exceed five thousand (5,000) nits when measured from the sign's face at its
maximum brightness,during daylight hours,and five hundred(500)nits when
measured from the sign's face at its maximum brightness between dusk and
dawn, i.e., the time of day between sunrise and sunset. Electronic changeable
copy graphics shall include a fully operational light sensor that automatically
adjusts the intensity of the graphic according to the amount of ambient light.
e. Be designed to either freeze a display in one(1)static position,display a black
screen, or turn off in the event of a malfunction.
f. An electronic changeable copy graphic shall not be operated, in whole or in
part, as an off-premises street graphic.
g. All freestanding graphics upon the associated zoning lot, including directional
graphics, shall be in compliance with all applicable requirements of this
chapter and other applicable requirements of law unless those requirements
have been previously varied by city council approval of a planned
development or an area of special character. The monument graphic in which
the electronic display area is to be located shall include a masonry base.
6. Limited to conforming graphics. An electronic changeable copy graphic may be
located only as part of a monument graphic which is in compliance with all
applicable requirements of this chapter and other applicable requirements of law.
No electronic changeable copy graphic may be located as part of a nonconforming
street graphic or nonconforming street graphic structure.
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Section 3. That the definition for"Residential occupations" within Section 19.90.015
of the Elgin Municipal Code entitled "Definitions and regulations" be and is hereby further
amended to read as follows:
"19.90.015. —Definitions and regulations.
Residential occupations means a business [SR] which is accessory [SR] to a dwelling
unit [SR]. Residential occupations shall be subject to the following supplementary
regulations:
A. Operation; generally. The operation of a residential occupation shall be limited
to the persons residing in the dwelling unit.
B. Use of land and structures. Residential occupations shall be conducted entirely
within a dwelling unit.
No residential occupation shall utilize any process or equipment with a potential for
creating a life/safety hazard, as may be determined by the code official.
The floor area of the residential occupation within the principal building shall be limited
to twenty-five (25) percent of the residential floor area [SR]. Residential occupations
which exceed ten (10) percent of the fire area shall be subject to the provisions for
accessory areas of title 16,as may be amended. No residential occupation shall be located
within an accessory building [SR].
No merchandise shall be stored on the premises, except such that can be produced on the
premises. Other merchandise may be kept on the premises temporarily while waiting to
be distributed to the consumer. No merchandise, goods, supplies,equipment,or materials
shall be displayed or stored outdoors.
C. Prohibited alterations. No alterations,exterior or interior of structures,temporary
or permanent, that change the essential residential character of the land or structures of a
zoning lot [SR] with a residential occupation shall be allowed, including, but not limited
to, additional entrances and exits, additional bathrooms, accessible doorways and ramps,
etc. No signs other than those allowed in residence districts and in residence conservation
districts by chapter 19.50 shall be allowed on a zoning lot with a residential occupation.
D. Traffic and parking. No merchandise, goods, supplies, or materials associated
with a residential occupation shall be received or delivered at the dwelling unit unless
conducted entirely by U.S. Postal Service, similar parcel delivery service, or private
passenger motor vehicle.
No dwelling unit with a residential occupation shall generate more demand for off-street
parking than exists on the zoning lot or in excess of the number of off-street parking stalls
that may be assigned to a dwelling unit.
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No more than five (5) persons shall be allowed to visit the premises of a dwelling unit
with a residential occupation for the purpose of conducting business each day. Such
visitations shall be limited to Monday through Friday from the hours of 8:00 a.m. to 6:00
p.m.
E. Public nuisance. No residential occupation shall be operated in such a manner as
to cause a public nuisance, including,but not limited to,interference with broadcast radio
and television reception; offensive noise, vibration, smoke, dust, heat, glare, or odor;
excessive pedestrian or vehicular traffic; or aesthetic problems.
F. Prohibited residential occupations. No residential occupation shall involve the
detailing, servicing, or repairing of motor vehicles. No residential occupation shall
involve the grooming, treatment, boarding, or propagation of animals, poultry, or
livestock. With the exception of home child day care services [SR], which are regulated
otherwise, no residential occupation shall involve the in-person personal or medical care
or treatment of persons. Personal or medical care or treatment of persons that is provided
entirely virtually, remotely, or otherwise electronically (e.g. telehealth or e-health,
telemedicine, remote patient care, virtual visits or diagnosis, teletherapy, or e-therapy,
online counseling or e-counseling, and other like entirely remote patient care) is
permitted as a residential occupation in so long as no persons come to the residence to
receive said services. No residential occupation shall involve the handling or preparation
of food, except as may be allowed by the cottage food operation provisions of the Illinois
Food Handling Regulation Enforcement Act (410 ILCS 625/0.01 et seq.).
Section 4. That the definition for"Residential occupations, conditional" within
Section 19.90.015 of the Elgin Municipal Code entitled "Definitions and regulations" be and is
hereby further amended to read as follows:
"19.90.015. —Definitions and regulations.
Residential occupations, conditional, means a business [SR] which is accessory [SR] to
a dwelling unit [SR]. Conditional residential occupations shall be subject to the
provisions of chapter 19.65. The planning and zoning commission may recommend, and
the city council may require such conditions and restrictions on the impact, location,
design, construction, and operation of the conditional residential occupation as may be
deemed necessary to promote the purpose and intent of this title. Conditional residential
occupations shall be subject to the following supplementary regulations:
A. Operation; generally. The operation of a conditional residential occupation shall
be limited to the persons residing in the dwelling unit, plus one (1) additional employee
or subcontractor, working on the premises, who is not a resident.
B. Use of land and structures. All conditional residential occupations shall be
conducted wholly within an enclosed building [SR].
Conditional residential occupations may utilize specialized processes and equipment in
the performance of the residential occupation, which require building, HVAC, plumbing,
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or electrical installations which are not customarily found within a dwelling unit.
However, no conditional residential occupation shall utilize any process or equipment
with any potential for a life/safety hazard, as may be determined by the code official.
The floor area of the conditional residential occupation within the principal building shall
be limited to thirty (30)percent of the residential floor area [SR]. Residential occupations
which exceed ten (10) percent of the fire area shall be subject to the provisions for
accessory areas of title 16, as may be amended.
No merchandise shall be stored on the premises, except such that can be produced on the
premises. Other merchandise may be kept on the premises temporarily while waiting to
be distributed to the consumer. No merchandise,goods, supplies, equipment,or materials
shall be displayed or stored outdoors.
C. Prohibited alterations. No alterations, exterior or interior of structures,temporary
or permanent, that change the essential residential character of the land or structures of a
zoning lot [SR] with a conditional residential occupation shall be allowed, including, but
not limited to, additional entrances and exits, additional bathrooms, accessible doorways
and ramps, etc. No signs other than those allowed in residence districts and in residence
conservation districts by chapter 19.50 shall be allowed on a zoning lot with a conditional
residential occupation.
D. Traffic and parking. No merchandise, goods, supplies, or materials associated
with a conditional residential occupation shall be received or delivered on a zoning lot
with a conditional residential occupation unless conducted entirely by U.S. postal service,
similar parcel delivery service, or private passenger motor vehicle.
No dwelling unit with a conditional residential occupation shall generate more demand
for off-street parking than exists on the zoning lot or in excess of the number of off-street
parking stalls that may be assigned to a dwelling unit.
No more than ten (10) persons shall be allowed to visit the premises of a dwelling unit
with a conditional residential occupation for the purpose of conducting business each
day. Such visitations shall be limited to Monday through Saturday from the hours of 8:00
a.m. to 6:00 p.m., and Sunday from the hours of 12:00 noon to 5:00 p.m.
E. Public nuisance. No conditional residential occupation shall be operated in such
a manner as to cause a public nuisance, including, but not limited to, interference with
broadcast radio and television reception; offensive noise, vibration, smoke, dust, heat,
glare, or odor; excessive pedestrian or vehicular traffic; or aesthetic problems.
F. Prohibited conditional residential occupations. No conditional residential
occupation shall involve the detailing, servicing, or repairing of motor vehicles. No
conditional residential occupation shall involve the grooming, treatment, boarding, or
propagation of animals, poultry, or livestock. No conditional residential occupation shall
involve the handling or preparation of food,except as may be allowed by the cottage food
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operation provisions of the Illinois Food Handling Regulation Enforcement Act (410
ILCS 625/0.01 et seq.).
With the exception of certified massage therapists, which shall be regulated as a
conditional residential occupation,and with the exception of home child day care services
[SR], which are regulated otherwise, no conditional residential occupation shall involve
the in-person personal or medical care or treatment of persons. Certified massage
therapists are further regulated by title 6. Home child day care services [SR] are regulated
separately from the provisions of this section. Personal or medical care or treatment of
persons that is provided entirely virtually, remotely, or otherwise electronically (e.g.
telehealth or e-health, telemedicine, remote patient care, virtual visits or diagnosis,
teletherapy, or e-therapy, online counseling or e-counseling, and other like entirely
remote patient care)is permitted as a residential occupation in so long as no persons come
to the residence to receive said services.
G. Certificate of occupancy and compliance. Conditional residential occupations
shall obtain a certificate of occupancy and compliance from the code administration
department prior to starting the conditional residential occupation.
Section 5. That the definition for "Vehicle use area" within Section 19.90.015 of the
Elgin Municipal Code entitled "Definitions and regulations" be and is hereby further amended to
read as follows:
"19.90.015. —Definitions and regulations.
Vehicle use area means any land or improvements on which motor vehicles [SR] are
driven, parked, or stored. The term "vehicle use area," for the purpose of calculating
maximum vehicle use area, shall also be subject to the following:
A. Vehicle use areas shall include the sum of the gross horizontal land area
measured in square feet, whether or not improved with an approved surface, and
designed, intended, or used for the storage, parking, or driving of motor vehicles,
except as otherwise exempted from this definition and supplementary regulation.
B. Vehicle use areas within parking structures [SR] or parking garages [SR]
shall not be considered vehicle use areas for the purpose of determining the
maximum vehicle use area of a zoning lot [SR].
C. Notwithstanding the site design limitations within Chapters 19.20 and
19.25 of this Title 19, or any site design limitations within a planned development
district, the vehicle use area for a single-family detached dwelling shall not
include a finished surface that is different from the surface material of the
driveway and intended to provide a finished edge to the driveway. Allowable
surfaces for the purpose of this exception shall be no wider than two (2) feet on
each side of the driveway. Allowable surfaces for the purpose of this exception
shall not include gravel, but may include masonry pavers. concrete edging, or a
similar finished materiai as approved by the development administrator.
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•
Section 6. 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 7. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
Davi J. Kap in, yor
Presented: June 25, 2025
Passed: June 25, 2025
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: June 25, 2025 ..,
Published: June 25, 2025
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Kimberly Dew , City lerk - 77 '`' ,
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