HomeMy WebLinkAboutG37-25 Ordinance No. G37-25
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 July 7, 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 chapter 19.30.100 entitled "CF Community Facility District," of the
Elgin Municipal Code, as amended, be and is hereby further amended by creating a new section
19.30.130.B.2., entitled "Conditional Uses, Retail Trade Division," to read as follows:
"2. Retail trade division:
Mobile food vendor, conditional [SR];"
and renumbering existing and subsequent subsections thereafter accordingly.
Section 2. That chapter 19.35.500 entitled "CCI Center City District," of the Elgin
Municipal Code, as amended, be and is hereby further amended by amending subsection
19.35.530.B.5., entitled"Conditional Uses, Retail Trade Division,"by inserting the following text
in alphabetical order:
"Mobile food vendors, conditional [SR]."
Section 3. That chapter 19.35.700 entitled "CC2 Center City District," of the Elgin
Municipal Code, as amended, be and is hereby further amended by amending subsection
19.35.730.B.5., entitled"Conditional Uses,Retail Trade Division,"by inserting the following text
in alphabetical order:
"Mobile food vendor, conditional [SR]."
Section 4. That Section 19.90.015 of the Elgin Municipal Code entitled "Definitions
and regulations" be and is hereby further amended by inserting the following definition and
supplementary regulations alphabetically:
"Mobile food vendor, conditional, means a motor vehicle [SR] or trailer that has been
specifically outfitted for the purposes of cooking, preparing, and/or selling food and/or drinks at
retail. Conditional mobile food vendors 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 mobile food vendor as may be deemed necessary to promote the purpose and intent of
this title. Conditional mobile food vendors shall be subject to the following supplementary
regulations:
A. Applications for a conditional use for a conditional mobile food vendor shall only
be submitted by a business [SR] located within four hundred (400) feet of the
private property on which the conditional mobile food vendor is proposed, i.e.,
applications for a conditional use for a conditional mobile food vendor cannot be
submitted by a mobile food vendor.
B. The applicant business [SR] shall always make its bathroom facilities available to
employees and patrons of the conditional mobile food vendor whenever the
conditional mobile food vendor is operating unless code-compliant bathroom
facilities are provided on the same property as the conditional mobile food vendor.
Signage clearly indicating the availability and location of said off-site bathrooms
shall be posted whenever the conditional mobile food vendor is operating. The four
hundred (400) foot distance shall be measured in a straight line from the nearest lot
line [SR] of the applicant business [SR] to the nearest lot line [SR] of the
conditional mobile food vendor.
C. Applications for a conditional use for a conditional mobile food vendor must
include a litter control plan.
D. Applications for a conditional use for a conditional mobile food vendor must
describe the power source for the mobile food vendor.
E. A conditional mobile food vendor may include tables, chairs, and/or other like
facilities in so long as such facilities are expressly made part of an application for
conditional use and comply with the setback requirements of an outdoor eating and
drinking facility [SR] unless otherwise granted relief from said setback
requirements.
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F. Applications for a conditional use for a conditional mobile food vendor may include
more than one (1) mobile food vendor at the proposed subject property.
G. Each mobile food vendor operating pursuant to a conditional use for a conditional
mobile food vendor is allowed one A-frame sign in accordance with subsection
19.50.090.A.
H. Each mobile food vendor operating pursuant to a conditional use for a conditional
mobile food vendor shall be licensed, inspected, and maintain compliance at all
times with all other provisions of the Elgin Municipal Code,as amended, including
but not limited to those specific rules, regulations, and inspection requirements of
the Elgin health and fire departments.
I. A conditional use for a conditional mobile food vendor need not name the specific
food and/or drink vendor(s), days of operation, or hours of operation, unless such
conditions and restrictions are required by the city council to promote the purpose
and intent of this title."
Section 5. That Section 19.90.015 of the Elgin Municipal Code entitled "Definitions
and regulations" be and is hereby further amended by inserting the following definition and
supplementary regulations alphabetically:
"Conditional mobile food vendor. See Mobile food vendor, conditional."
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.
David J. Ka424L
Presented: August 27, 2025
Passed: August 27, 2025 ,. " -.
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: Aug ust 27, 2025 "t � _ - ",'•
Published: August 27, 2025 !,1) ` '` '' •
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Att st ✓.
Kimberly Dewis, Clerk
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EXHIBIT A
July 7, 2025
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 22-25, an application by
the Development Administrator of the City of Elgin,as Applicant, to amend Title 19"Zoning"of
the Elgin Municipal Code to establish a definition for a"Mobile food vendor[SR] (UNCL)", and
to add "Mobile food vendor [SR] (UNCL)"to the list of conditional land uses in the CC1 Center
City District,CC2 Center City District, and CF Community Facility District.
GENERAL INFORMATION
Petition Number: 22-25
Requested Action: Create a land use classification for food trucks and trailers and add
those to the list of conditional uses within the CC 1 Center City
District, CC2 Center City District, and CF Community Facility
District
Applicant: Marc S. Mylott,AICP: Director of Community Development
Staff Coordinator: Marc S. Mylott,AICP:Director of Community Development
Exhibits Attached: A. Development Application
B. Draft Amendment to the Zoning Ordinance
Recommendation & Findings of Fact
Petition 22-25
July 7,2025
TEXT AMENDMENT SUMMARY
The proposed amendment to the text of the zoning ordinance would create a land use classification
for food trucks and trailers called "mobile food vendors, conditional" and add that use to the list
of conditional uses in the CC1 Center City District,CC2 Center City District,and CF Community
Facility District.
Currently mobile food vendors can locate on certain private property if the owner of that property
chooses to use one of their four annual temporary use permits.The zoning of that private property
must allow an eating establishment as a permitted use. One temporary use may be valid for up to
30 days, but the aggregate days of all four temporary uses in a calendar year may not exceed 60
days. Mobile food vendors are also currently allowed on city streets when they're part of a larger,
city-approved special event like Micheleros Festival.
Food trucks can add energy and vibrancy to underutilized parking lots and other places,especially
in downtowns.The diversity of cuisines allows customers to try food and/or drinks that might not
have otherwise been available, promoting cultural awareness and inclusivity. And popular food
trucks, through significant social media presences, will bring persons to Elgin that have never
previously been but will hopefully return.
At the same time, efforts to promote food trucks cannot be to the detriment of the city's bricks-
and-mortar restaurants.The conditional use process ensures public notice and an evaluation of the
location and operational parameters of a mobile food vendor(s)to minimize the likelihood of such
negative effects. The proposed allowances would not allow a food truck or trailer to operate from
an on-street parking space.Instead,mobile food vendors would only operate from private property.
More so,applications for conditional use could only be submitted by a business within 400 feet of
the proposed location of the mobile food vendor,ensuring that a local business is responsible for
the scheduling and operations of the mobile food vendor and provides bathroom facilities for
customers and employees.(+/-400 feet is common east-west block length in downtown Elgin,and
that distance is about a one-minute walk.)
Mobile food vendors do not include push carts or bicycle carts. Mobile food vendors must include
a litter collection plan. And mobile food vendors can only provide tables and chairs where said
items have been reviewed and approved as part of the conditional use application.
The Downtown Neighborhood Association(DNA)hosted a meeting at their offices on June 24 to
which downtown restaurants and bars were invited to hear about the proposal and ask questions in
advance of the zoning public hearing. DNA either directly emailed or delivered in-person
invitations to more than 40 establishments. DNA also announced the meeting in their Business
Buzz newsletter. Representatives from four establishments attended, and no one objected to the
amendment. DNA staff also shared the proposal with their economic development committee.
Staff reviewed food truck allowances in several other communities and found that most simply
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Recommendation & Findings of Fact
Petition 22-25
July 7,2025
approve food trucks and trailers without public consideration, either by annual permit or license.
For example,the Village of Bolingbrook issues annual licenses to food trucks for up to three days
at any location with property owner permission,but not within 300 feet of a restaurant when that
restaurant is open. The City of Chicago allows food trucks on private property with permission
from the property owner,but not within 200 feet of the entrance to a street-level restaurant unless
after midnight. Chicago food trucks cannot operate from private, vacant lots or from private
property with a vacant building. Chicago food trucks can operate from legal street parking spaces
or at food truck stands for up to four hours(or less if the parking space is further restricted). The
Village of Downers Grove only issues ten permits per year on a first-come, first-serve basis.Food
trucks are limited to specific, pre-determined business and industrial parks with property owner
permission, but not within 500 feet of food establishment, and not to exceed three trucks at any
one location.The Village of Schaumberg allows food trucks by annual permit in commercial zones
with a maximum of three trucks not to exceed three hours per day.The City of St.Charles expressly
authorizes food trucks by the issuance of a temporary use permit. Food trucks in St. Charles can
operate in association with a restaurant, bar, or microbrewery for no more than two days in any
seven-day period. Bolingbrook and Downers Grove allow the restaurant distance requirements to
be waived by written consent of the proximate restaurant. Several communities include specific
hours of operation(which vary greatly),requirements for litter control, and some prohibit the sale
of alcohol.
oil' Staff contemplated a program that
-f simply established a standard setback
from restaurants but found that the
... r size of downtown Elgin and the
1,10.,1; density/coverage of existing
(� -�. . restaurants could preclude the
•
.
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'.'t i' 'I , ''" %` , - opportunity to consider creative
circumstances where and/or when a
, " " food truck or trailer might be- "' ! desirable.
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„„ The proposed amendment allows one
.. _ A-frame sign per mobile food vendor
in compliance with Section 19.50.090.
Figure 1 Customers order desserts from the Mars Italian Ice food trailer which A. of the zoning ordinance. That
operates pnmary in the south suburbs of Chicago
generally allows a four-foot-high sign
that keeps at least five feet of public
sidewalk unobstructed at all times.
The proposed amendment reminds operators of mobile food trucks that they must be licensed,
inspected, and maintain compliance with the rules and regulations of the Elgin health and fire
departments.
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Recommendation & Findings of Fact
Petition 22-25
July 7, 2025
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):
❑ Promoting the public health, safety,comfort,morals,convenience, and general welfare;
❑ Conserving the taxable value of land and structures throughout the city;and
❑ Dividing the entire city into districts, and restricting and regulating therein the location,
construction, reconstruction, alteration, and use of land and structures, whether for
residence,community facility, business, industrial,or other specified uses.
The Community Development Department also offers that the proposed text amendment complies
with the following objective of the Comprehensive Plan:
❑ Identify opportunities to enhance Elgin's competitiveness for business and employment
investment, including evaluating the current regulatory environment.
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petition 22-25.
The vote of the Planning&Zoning Commission on the motion to recommend approval was four
(4)yes,zero(0) no,and zero(0)abstentions. Two members were absent.
Respectfully Submitted,
s/Jay Cox
Jay Cox,Chairman
Planning& Zoning Commission
s/Damir Latinovic
Damir Latinovic,AICP; Secretary
Planning& Zoning Commission
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