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Home My WebLink AboutG81-95 (2) l Ordinance No. G81-95 AN ORDINANCE AMENDING CHAPTER 19, ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED WHEREAS, written application has been made to amend the provisions of the zoning ordinance relating to storage tanks; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Title 19, entitled "Zoning" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding storage tanks to the list of permitted uses : Elgin Municipal Code Title 19 Zoning Section 19 . 30 . 100 CF Community Facility District Section 19 . 30 . 130 Land Use Section A. Permitted Uses Miscellaneous Uses Division ADD: "30 . Storage Tanks [SR] (UNCL) . " (renumbering the uses which would then follow) Elgin Municipal Code Title 19 Zoning Section 19 . 35 .400 AB Area Business District Section 19 . 35 .430 Land Use Section A. Permitted Uses Miscellaneous Uses Division ADD: "140 . Storage Tanks [SR] (UNCL) . " (renumbering the uses which would then follow) Elgin Municipal Code Title 19 Zoning Section 19 . 35 . 700 CC2 Center City District Section 19 . 35 . 730 Land Use Section A. Permitted Uses Miscellaneous Uses Division ADD: "139 . Storage Tanks [SR] (UNCL) . " (renumbering the uses which would then follow) Elgin Municipal Code Title 19 Zoning Section 19 .40 . 100 ORI Office Research Industrial District Section 19 .40 . 130 Land Use Section A. Permitted Uses Miscellaneous Uses Division ADD: "115 . Storage Tanks [SR] (UNCL) . " (renumbering the uses which would then follow) Elgin Municipal Code Title 19 Zoning Section 19 . 40 . 300 General Industrial District Section 19 . 40 . 330 Land Use Section A. Permitted Uses Miscellaneous Uses Division ADD: "141 . Storage Tanks [SR] (UNCL) . " (renumbering the uses which would then follow) Elgin Municipal Code Title 19 Zoning Section 19 . 40 . 500 Commercial Industrial District Section 19 . 40 . 530 Land Use Section A. Permitted Uses Miscellaneous Uses Division ADD: "187 . Storage Tanks [SR] (UNCL) . " (renumbering the uses which would then follow) Section 2 . That Title 19 , entitled "Zoning" of the Elgin Municipal Code, 1975, as amended, be and is hereby further amended by adding Section 19 . 90 .703 to read as follows : 19 . 90 . 703 STORAGE TANKS. "Storage tanks" shall mean a container which is used to keep flammable or combustible liquids, and where all or any portion of such container is located above the ground. All storage tanks shall be "fire protected tanks" as defined and regulated by Title 16, Buildings and Construction, of the Elgin Municipal Code. All storage tanks shall be considered "accessory" [SR] "structures" [SR] . All storage tanks shall comply with the regulations for "commercial operations yards" [SR] , encompassing setbacks, surfacing, dust control, storm water control screening, and landscaping. Section 3 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4 . That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. s/ Kevin Kelly Kevin Kelly, Mayor Presented: November 8, 1995 Passed: November 8, 1995 Vote: Yeas 6 Nays 0 Recorded: November 9 , 1995 Published: November 9, 1995 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Eall.40ffi, Agenda Item No.,_.„ .•....• zt August 10, 1995 TO: Mayor and Members of the City Council FROM: Richard Helwig, City Manager SUBJECT: Aboveground Storage Tanks PURPOSE This memorandum will provide information and proposed ordinance changes for the Mayor and City Council to review and consider, to allow for the installation of aboveground storage tanks within the City of Elgin. BACKGROUND State and federal laws governing underground storage tanks have become increasingly stringent and financially burdensome for tank owners . Additionally, the financial consequences of leaking underground tank contamination can be extensive. As a result of these factors, many commercial users that require less than a few thousand gallons storage capacity, have discontinued operation of underground storage tank systems . In many cases, this has created operational and financial hardships that could be eliminated if an alternative to underground storage could be facilitated. Ordinances prohibiting aboveground storage within the corporate limits of the City of Elgin were enacted to address fire safety concerns and the less than pleasant aesthetics associated with unsightly tank fields. Current technology, however, has provided a viable solution to these concerns . Concrete encapsulated storage tanks have been engineered and tested to provide for adequate fire safety protection and to comply with applicable building, fire and environmental codes. The units have been UL approved and have a certified fire rating that ensures protection from external fire impingement of not less than two (2) hours. Aboveground Storage Tanks August 16, 1995 Page 2 The units also provide for visual external inspection and offer internal leak detection monitoring. Additionally, aboveground tanks are not subject to state and federal underground storage tank regulations for petroleum and chemical products . The City has received requests from local businesses and educational institutions to allow the installations of aboveground storage tanks, prompting staff to review current codes and ordinances . Attached for Council review are draft ordinance amendments to the Elgin Municipal Code Title 16 , Chapter 16 .28 (Fire Prevention Code) and Title 19 (Zoning Ordinance) . As a matter of convenience, text changes allowing for the adoption of the 1990 BOCA National Fire Prevention Code and for reestablishment of the Fire Prevention Bureau within the Fire Department are also included. The proposed amendments to the Fire Prevention Code would restrict aboveground tank installations as follows : - A permit from the Department of Code Administration would be required, including plan review by DOCA, Planning and the Fire Department. - A maximum of (2 ) tanks would be allowed per location/site. - A maximum of 2,500 gallon capacity per tank. - A maximum of 5,000 gallon aggregate capacity. - A minimum of 20 ' setback from a building, lot line or public way. - Use of the tank(s) would be limited to on-site consumption and use, and not accessible to the general public for any use or purpose. In general, the proposed amendments to the Zoning Ordinance would allow aboveground storage tanks in the nonresidential zoning districts, but only as an accessory structure and use. Additionally, the tanks would have to conform with site design regulations for commercial operation yards . The proposed ordinance changes parallel the State Fire Marshal Office codes, but are more restrictive with respect to tank locations, setbacks requirements, screening and when the 2-hour fire rating is required. 11, Aboveground Storage Tanks August 16, 1995 Page 3 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Various local businesses have contacted the city to convey their interest in installing aboveground tanks, including Brady Brick Company, Elgin Community College, Illinois Bell Telephone Company, McGrath Buick, School District U-46 and D.H. Martin Petroleum. FINANCIAL IMPACT The current application fee of $200 per storage tank covers the expenses associated with plan review and field inspection. RECOMMENDATION Staff recommends the proposed amendments to Elgin Municipal Code be approved and that the Mayor and Council direct the Planning Department to file an amendment to the Zoning Ordinance. Respectfully submitted, John E. Henrici Fire Chief RairnuNtajtVW0U4 Raymond H. Moller Director of Business Services and Properties C-L74(c:IA-111 - 1414SCH Richard B. Helwig City Manager Attachments STORAGE TANKS - DRAFT Planning Department City of Elgin, Illinois February 16, 1985 Land Use. Storage tanks shall be allowed only as an accessory structure and use. Storage tanks shall be listed as a permitted use in the CF Community Facility District, AB Area Business District, the CC2 Center City District, the ORI Office Research Industrial District, the GI General Industrial District, and the CI Commercial Industrial District. Supplementary Regulations. "Storage tanks" shall mean a container which is used to keep flammable or combustible liquids, and where all or any portion of such container is located above the ground. All storage tanks shall be "fire protected tanks" as defined and regulated by Title 16, Buildings and Construction, of the Elgin Municipal Code. All storage tanks shall be considered "accessory" (SR) "structures" (SR) . All storage tanks shall comply with the regulations for "commercial operations yards" (SR) , encompassing setbacks, surfacing, dust control, stormwater control, screening, and landscaping (note: refer to attached regulations for commercial operations yards) . -JTDJjd .��1�1 P..T Al If1..rvI *pti./.1n/ nn.7 .ram• /'1•1/1 I1f1t t1P1 /9.1 A/1m,f w1• /1H All..P. /1r /TT.IT/1/1 n1C • 19.90.182 COMMERCIAL OPERATIONS YARD. "Commercial Operations Yard" shall mean a "yard" [SR] or a "building" [SR] , which is open to the adjoining open space on one or more sides, utilized for the storage of "motor vehicles" [SR] , equipment, or materials necessary for and "accessory" [SR] to the "principal use" [SR] served; utilized as a "motor vehicle impoundment yard" [SR]; utilized as a "motor vehicle recycling yard" [SR]; or utilized as a "recycling yard" [SR] . , No commercial operations yard shall be utilized as a "junkyard" [SR] or as a "motor vehicle wrecking yard" [SR] . Commercial operations yards shall be subject to the following supplementary regulations: A. Setbacks. No commercial operations yard shall be located within a required "building" [SR] "setback" [SR] from a "street lot line" [SR] or a "transition lot line" [SR]. Commercial operations yards shall be setback a minimum of ten linear feet from any "interior lot line" [SR]. B. Surfacing. Commercial operations yards shall be improved with a minimum eight inch compacted gravel base with a type A3 sealcoat overlay or an equivalent as approved by the City Engineer. Where heavy equipment is driven within a commercial operations yard, the surface may be improved with a minimum 24 inch compacted gravel surface as approved by the "Development Administrator" [SR] or an equivalent as approved by the "City Engineer" [SR] . C. Dust Control. Where a gravel surface is approved by the Development Administrator and the City Engineer, dust control for the commercial operations yard shall be provided including an application of calcium chloride or an equivalent approved by the Illinois Department of Transportation and the City Engineer. Reapplications of the dust control measures shall be made at the direction of the "Code Enforcement Officer" [SR] . D. Stormwater Control. Stormwater control for a commercial operations yard shall be subject to the provisions of Title 18, Subdivisions, Chapter 18.36, Stormwater Control. 1. Seal Coat or Other Impervious Surfaces. Surface water shall be discharged into an adequate storm sewer system, or alternate drainage system if storm sewer is not available. Drainage shall not be permitted to flow directly across sidewalks. The intent of this section is to provide for the collection of stormwater within the commercial operations yard versus the over land flow of water onto public rights of way or onto adjoining property. The City Engineer may require that the facilities be designed with on site storm water detention capabilities where the existing storm sewer system has insufficient capacity. 2. Gravel Surface. Where a gravel surface is approved by the Development Administrator and the City Engineer, no stormwater shall be allowed • to flow overland onto adjoining public rights of way or onto adjoining property. Stormwater shall be directed to and collected in an on site retention/settling facility, as approved by the City Engineer. E. Screening. A commercial operations yard shall be screened on all sides not adjoining an "enclosed building" [SR] by a "solid fence" [SR] constructed and maintained at a minimum "structure height" [SR] of six feet. No materials or equipment shall be stored at a height greater than the height of the screening fence; except that when there is no reasonable alternative, material or equipment may be stored at a height greator than the height of the screening fence, provided that the commercial operations yard is setback a minimum of one additional linear foot from all interior lot lines for each one foot of storage height above the screening fence. No chain link or mesh type of fence with "inserted screening slats" shall be acceptable in complying with the provisions of this section. F. Landscaping. 1. Trees - Type. Required trees shall be of an approved type, shall measure not less than two inches in diameter, nor less than ten feet in height, and shall include a minimum of four species. The following trees shall not be permitted: American elms, Chinese elms, cottonwood, box elders, silver maples, poplars in variety, willows in variety, or other similar fast growing brittle wood species. 2. Trees - Number and Location. Trees shall be planted within the required setbacks from a "lot line" [SR]. The number of required trees shall be calculated by dividing the total linear footage • on all sides of the commercial operations yard by 50 feet, but shall not be less than two trees for each side. That part of any side of a commercial operations yard immediately adjoining the building which the yard serves shall not be included in the calculation. Required trees may be clustered as approved by the Development Administrator. 3. Shrubs - Type. Required shrubs shall be of an approved type and shall be maintained at not less than two feet in height at any location and not more than three feet in height within any required "setback" [SR] from a "street lot line" [SR]. 4. Shrubs - Number and Location. A commercial operations yard shall be landscaped with shrubs along 50 percent of each exterior side of the required screening fence, excepting along that part of any side immediately adjoining the building which the yard serves. Three shrubs shall be required for each ten feet of the perimeter of the yard. Plant material may be clustered as approved by the Development Administrator. Those portions of the landscaped areas containing no trees or shrubs shall be landscaped with grass or other suitable ground cover. The landscaped areas shall be maintained free of litter and weeds, and all dead and unsightly plant material shall be replaced. (Ord. G66-94 § 1 (part), 1994; Ord. G45-92 § 2 (part), 1992.) •