HomeMy WebLinkAboutG54-24 Ordinance No. G54-24
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 & Zoning Commission conducted a public hearing concerning
said application on September 9, 2024, following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning & Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning & 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 & 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 19.10.300. of the Elgin Municipal Code, entitled "Use of land,
structures, and buildings,"be and is hereby further amended to read as follows:
"The use of land, structures and buildings shall be regulated as follows:
A. Allowable uses. Nonconforming uses [SR]; and the permitted uses [SR]; the
conditional uses [SR]; and the similar uses [SR] listed and designated for each
zoning district in this title shall be the only allowable uses of land, structures
[SR], and buildings [SR].
B. Prerequisites of use.
1. All land uses [SR] shall be conducted wholly within an enclosed building
[SR],except where specifically provided otherwise.
2. In all business districts, there shall be no manufacturing, processing, or
treatment of products unless such activities are an accessory use [SR] or
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unless such activities are components of an artisan industry [SR] that may
be a permitted or conditional use in the CC 1 or CC2 zoning districts.
3. All land uses shall be subject to the provisions of title 9,as well as all other
applicable codes and ordinances."
Section 2. That section 19.35.530 of the Elgin Municipal Code, entitled"CC1 Center City
District, Land use," be and is hereby further amended by amending subsection 19.35.530.B.4.,
entitled "Conditional uses, Services division,"by deleting the following text:
"Ballroom and dance hall operation(7911).
Bed and breakfast inns [SR] (7011).
Billiard parlors(7999).
Bingo parlors(7999).
Bowling centers(7933).
Churches, convents, monasteries,and temples (8661).
Colleges, universities,professional schools and junior colleges(822).
Dance halls(7911).
Dance studios and schools(791).
Discotheques(7911).
Hotels and motels [SR] (701).
Libraries (823).
Membership organizations(86).
Membership sports and recreation clubs(7997).
Motion picture theaters (7832).
Museums, art galleries, and botanical and zoological gardens (841).
Organization hotels and lodging houses,on membership basis(704).
Other schools and educational services(829).
Physical fitness facilities(7991).
Pool parlors (7999).
Vocational schools(824)."
Section 3.That section 19.35.530. of the Elgin Municipal Code,entitled"CC 1 Center City
District, Land use," be and is hereby further amended by amending subsection 19.35.530.A.5.,
entitled"Permitted uses, Services division,"by inserting the following text in alphabetical order:
"Bed and breakfast inns [SR] (7011).
Billiard parlors(7999).
Bingo parlors (7999).
Bowling centers(7933).
Churches, convents, monasteries,and temples(8661).
Colleges, universities, professional schools and junior colleges(822).
Dance studios and schools(791).
Event venue [SR].
Hotels and motels [SR] (701).
Libraries (823).
Membership organizations(86).
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Membership sports and recreation clubs(7997).
Motion picture theaters(7832).
Museums,art galleries, and botanical and zoological gardens(841).
Organization hotels and lodging houses,on membership basis(704).
Other schools and educational services(829).
Personnel supply services (736),office only.
Physical fitness facilities(7991).
Pool parlors(7999).
Vocational schools(824)."
Section 4. That section 19.35.530.of the Elgin Municipal Code,entitled"CC 1 Center City
District, Land use," be and is hereby further amended by amending subsection 19.35.530.B.4.,
entitled"Conditional uses,Services division,"by inserting the following text in alphabetical order:
"Entertainment venue [SR]."
Section 5. That section 19.35.530. of the Elgin Municipal Code,entitled"CC1 Center City
District, Land use," be and is hereby further amended by amending subsection 19.35.530.B.5.,
entitled"Conditional uses, Retail trade division,"by deleting the following text:
"Auto supply stores(5531) limited to the sale of auto parts and prohibiting the installation
of auto parts or repair of motor vehicles on the zoning lot.
Food stores(54)."
Section 6.That Chapter 19.35.530.of the Elgin Municipal Code,entitled"CC 1 Center City
District, Land use," be and is hereby further amended by amending subsection 19.35.530.A.6.,
entitled "Permitted uses, Retail trade division," by inserting the following text in alphabetical
order:
"Auto supply stores (5531) limited to the sale of auto parts and prohibiting the installation
of auto parts or repair of motor vehicles on the zoning lot.
Motor vehicle dealers(55), in so long as all product is displayed inside.
Food stores(54)."
Section 7. That section 19.35.530. of the Elgin Municipal Code,entitled"CC 1 Center City
District, Land use," be and is hereby further amended by amending subsection 19.35.530.B.7.,
entitled"Conditional uses, Manufacturing division,"by deleting the following text:
"Commercial printing occupying less than five thousand(5,000) square feet of gross floor
area(2752)."
Section 8. That section 19.35.530. of the Elgin Municipal Code,entitled"CC 1 Center City
District,Land use"be and is hereby further amended as follows: renumbering existing subsection
19.35.530.A.8. "Permitted uses, Construction division" to 19.35.530.A.9.; renumbering existing
subsection 19.35.530.A.9. "Permitted uses,Transportation,communication,and utilities division"
to 19.35.530.A.10.; renumbering existing subsection 19.35.530.A.10. "Permitted uses,
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Miscellaneous uses division" to 19.35.530.A.11.; and creating a new subsection 19.35.530.A.8.,
entitled"Permitted uses, Manufacturing division,"to read as follows:
"8. Manufacturing division:
Artisan Industry,Class One [SR], occupying less than five thousand(5,000) square feet of
gross floor area.
Commercial printing occupying less than five thousand (5,000) square feet of gross floor
area (2752)."
Section 9. That section 19.35.530. of the Elgin Municipal Code,entitled"CC 1 Center City
District, Land use," be and is hereby further amended by amending subsection 19.35.530.B.7.,
entitled"Conditional uses,Manufacturing division,"by inserting the following text in alphabetical
order:
"Artisan Industry,Class One [SR],occupying five thousand (5,000) square feet or more of
gross floor area.
Artisan Industry, Class Two [SR].
Commercial printing occupying five thousand (5,000) square feet or more of gross floor
area(2752)."
Section 10. That section 19.35.530. of the Elgin Municipal Code, entitled "CC1 Center
City District, Land use," be and is hereby further amended by amending subsection 19.35.535.0,
entitled"Site design, Floor area for upper floor dwellings,"as follows:
"O. Floor area for upper floor dwellings. In the CC1 zoning district,the gross floor area
of an upper floor dwelling unit shall be a minimum of six hundred (600)square feet.
The provisions of this subsection O. shall only be varied through approval of a
planned development or a conditional use for planned development."
Section 11. That section 19.35.730. of the Elgin Municipal Code, entitled "CC2 Center
City District,Land use,"be and is hereby further amended by amending subsection 19.35.730.B.4.,
entitled"Conditional uses, Services division,"by deleting the following text:
`Ballroom and dance hall operation(7911).
Bed and breakfast inns [SR] (7011).
Billiard parlors(7999).
Bingo parlors (7999).
Bowling centers (7933).
Churches, convents, monasteries, and temples(8661).
Colleges, universities, professional schools and junior colleges(822).
Dance halls (7911).
Dance studios and schools(791).
Discotheques(7911).
Hotels and motels [SR] (701).
Libraries(823).
Membership organizations(86).
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Membership sports and recreation clubs(7997).
Motion picture theaters(7832).
Museums, art galleries, and botanical and zoological gardens (841).
Organization hotels and lodging houses,on membership basis(704).
Other schools and educational services(829).
Physical fitness facilities (7991).
Pool parlors(7999).
Vocational schools(824)."
Section 12. That section 19.35.730. of the Elgin Municipal Code, entitled "CC2 Center
City District, Land use," be and is hereby further amended amending subsection 19.35.730.A.5.,
entitled"Permitted uses, Services division,"by inserting the following text in alphabetical order:
"Bed and breakfast inns [SR] (7011).
Billiard parlors (7999).
Bingo parlors (7999).
Bowling centers(7933).
Churches, convents, monasteries, and temples(8661).
Colleges, universities, professional schools and junior colleges(822).
Dance studios and schools(791).
Event venue [SR].
Hotels and motels [SR] (701).
Libraries(823).
Membership organizations(86).
Membership sports and recreation clubs(7997).
Motion picture theaters(7832).
Museums, art galleries, and botanical and zoological gardens(841).
Organization hotels and lodging houses,on membership basis(704).
Other schools and educational services(829).
Personnel supply services (736), office only.
Physical fitness facilities(7991).
Pool parlors (7999).
Vocational schools (824)."
Section 13. That section 19.35.700. of the Elgin Municipal Code, entitled "CC2 Center
City District," be and is hereby further amended by amending subsection 19.35.730.B.4., entitled
"Conditional uses, Services division,"by inserting the following text in alphabetical order:
"Entertainment venue [SR]."
Section 14. That section 19.35.730. of the Elgin Municipal Code, entitled "CC2 Center
City District,Land use,"be and is hereby further amended by amending subsection 19.35.730.B.5.,
entitled"Conditional uses, Retail trade division,"by deleting the following text:
"Food stores (54)."
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Section 15. That section 19.35.730. of the Elgin Municipal Code, entitled "CC2 Center
City District,Land use,"be and is hereby further amended by amending subsection 19.35.730.A.6.,
entitled "Permitted uses, Retail trade division," by inserting the following text in alphabetical
order:
"Food stores (54)."
Section 16. That section 19.35.730. of the Elgin Municipal Code, entitled "CC2 Center
City District,Land use,"be and is hereby further amended by amending subsection 19.35.730.B.7.,
entitled"Conditional uses, Manufacturing division,"by deleting the following text:
"Commercial printing occupying less than five thousand(5,000) square feet of gross floor
area(2752)."
Section 17. That section 19.35.730. of the Elgin Municipal Code, entitled "CC2 Center
City District, Land use," be and is hereby further amended as follows: renumbering existing
subsection 19.35.730.A.8."Permitted uses,Construction division"to 19.35.730.A.9.;renumbering
existing subsection 19.35.730.A.9. "Permitted uses, Transportation, communication, and utilities
division" to 19.35.730.A.10.; renumbering existing subsection 19.35.730.A.10. "Permitted uses,
Miscellaneous uses division" to 19.35.730.A.11.; and creating a new subsection 19.35.730.A.8.,
entitled "Permitted uses, Manufacturing division,"to read as follows:
"8. Manufacturing division:
Artisan Industry, Class One [SR],occupying less than five thousand(5,000) square feet of
gross floor area.
Commercial printing occupying less than five thousand (5,000) square feet of gross floor
area(2752)."
Section 18. That section 19.35.730. of the Elgin Municipal Code, entitled "CC2 Center
City District,Land use,"be and is hereby further amended by amending subsection 19.35.730.B.7.,
entitled"Conditional uses,Manufacturing division,"by inserting the following text in alphabetical
order:
"Artisan Industry,Class One [SR],occupying five thousand (5,000) square feet or more of
gross floor area.
Artisan Industry, Class Two [SR].
Commercial printing occupying five thousand (5,000) square feet or more of gross floor
area(2752)."
Section 19. That section 19.35.730. of the Elgin Municipal Code, entitled "CC2 Center
City District," Land use, be and is hereby further amended by amending subsection 19.35.735.,
entitled"Site design, Floor area for upper floor dwellings," as follows:
"N. Floor area for upper floor dwellings. In the CC2 zoning district, the gross floor area
of an upper floor dwelling unit shall be a minimum of six hundred (600) square feet.
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The provisions of this subsection N. shall only be varied through approval of a
planned development or a conditional use for planned development."
Section 20. That section 19.90.015. of the Elgin Municipal Code,entitled"Definitions and
regulations,"be and is hereby further amended by inserting the following text in alphabetical order:
"Artisan industry means a business [SR] involved in the small-scale fabrication,
preparation,or production of goods by an artist,artisan,craftsperson,or cook,on the premises
for wholesale or on-site or online retail sales. Spaces and tools may be shared amongst users.
Artisan industries may include teaching of these skills to others in the course of preparation or
production. Specific artisan industry uses shall be divided into the following two categories:
Artisan Industry, Class One. This category is intended to include activities relating to
small-scale arts, crafts, electronics, and food and beverage production. Examples include
but are not limited to small-scale sculpting or arts and crafts; small-batch bakeries, candy
shops, cheese shops, micro-distilleries, and other small-scale producers of foods and
beverages that are next intended for human consumption(versus the production of a food
or beverage ingredient that requires still additional processing); small-scale production of
clothing/apparel, textiles,jewelry, and other artisan consumer goods.
Artisan Industry, Class Two. The intent of this category is to separate more intensive
activities from those described in Artisan Industry, Class One. Class Two Artisan
Industries include processes that typically require or include extreme temperatures,
extreme pressures, noise, noxious or flammable chemicals, or hazardous dust or waste.
Examples include but are not limited to small-scale welding,metalworking, glassworking,
stone cutting, and firing of pottery, ceramics, or sculpture in kilns; wood and furniture
finishing; leather tanning;and small-batch hardware and prototyping.
An artisan industry shall be subject to the following supplementary regulations:
1. Loading facilities. Where a new loading facility is proposed upon a zoning lot[SR]
that is across the street from or abuts a zoning lot [SR] located within a residence
district or residence conservation district, no loading berths,docks, or service door
openings are allowed when oriented toward the residence district or residence
conservation district. Notwithstanding the provisions of Chapter 19.52, previously
existing loading facilities may be re-established regardless of their relationship to
residence districts or residence conservation districts.
2. Outdoor storage. No outdoor storage of any goods, materials, ingredients, or
finished or unfinished products is allowed.
3. Previously approved planned developments. Where artisan industries are allowed
as permitted or conditional uses in the CC 1 or CC2 zoning districts, that
permissibility shall be extended to any PCC Planned Center City District approved
prior to the effective date of this amendment.
Event venue means a building [SR] or portion thereof contractually reserved for a group of
persons to celebrate a special event, such as an anniversary, birthday, graduation, retirement,
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or wedding, or to participate in an educational,civic,social,or business-related event,such as
a class, conference, meeting, seminar, or workshop, where the primary emphasis of the event
is the event itself or its participants or beneficiaries and not any entertainment provided. Any
event that allows entry following the payment of an admission fee, cover charge, door entry
fee, minimum purchase requirement, membership fee, or any form of donation or other fee or
charge after 6 p.m. is prohibited, except for fundraisers or events for bona fide non-profit
organizations, religious institutions, political organizations, fraternal organizations,
government organizations,or public or private preschools,elementary and secondary schools,
colleges or universities,or their affiliated foundations.When an event venue is provided within
the same building [SR] as an eating place, hotel,or motel, and the event venue is operated by
the same organization operating the eating place, hotel, or motel, the event venue may be
considered an accessory use to the eating place, hotel, or motel and is not required to comply
with the zoning lot area [SR] or building floor area [SR] limitations within the definition of
accessory use [SR].
Entertainment venue means a building [SR] or portion thereof having an event at any time
where the primary focus of the persons attending the event is on a musical performance, play,
show, theater production, comedy show or act, or other form of live entertainment, including
but not limited to music concerts; ballroom and dance hall operations (7911) and dance halls
(7911);discotheques(7911)and nightclubs;DJ-and MC-hosted shows,parties,raves,gigs,or
other like events; and performing arts spaces. An entertainment venue does not include adult
entertainment establishments [SR], dance studios or schools (791), or motion picture theaters
(7832),which are individually enumerated as permitted or conditional uses."
Section 21. That section 19.90.015. of the Elgin Municipal Code,entitled"Definitions and
regulations,"be and is hereby further amended by amending the existing definition and associated
regulations for"Use, accessory"as follows:
"Use, accessory, means a land use [SR], which is subordinate in purpose to the principal
use [SR] served, which is customarily and traditionally incidental to the principal use served,
which is operated and maintained under the same single ownership or unified control as the
principal use served, and which is located on the same zoning lot [SR] and within the same
mapped zoning district as the principal use served.
The principal use of any land, structure or building shall be established prior to or
concurrently with the establishment of any accessory use of such land, structure, or
building.
No land use shall be allowed as an accessory use, unless such use occupies less than
ten (10) percent of the zoning lot area [SR] and less than ten (10) percent of the building
floor area [SR], except within the CC1 and CC2 zoning districts where a non-residential
accessory use may occupy up to thirty (30) percent of the zoning lot area [SR] and up to
thirty (30) percent of the building floor area [SR]. Land uses exceeding such lot area and
floor area limitations shall be subject to the provisions of section 19.10.400F or accessory
in this section.
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No land use shall be allowed as an accessory use where such use dispenses, grows,
cultivates, processes, infuses, or transports cannabis or products that contain cannabis."
Section 22. 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 23. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
dtir
David J. Kap , Mayor
Presented: October 23, 2024
Passed: October 23, 2024
Omnibus Vote: Yeas: 9 Nays: 0 ;` .
Recorded: October 23, 2024 ; , �
Published: October 23, 2024 •
•
Att t• . C ` , .'`/ ::
Kimberly Dewis, Ci erk
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