HomeMy WebLinkAboutG22-19 Ordinance No. G22-19
AN ORDINANCE
AMENDING TITLE 19 OF ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "ZONING" AND TITLE 11 ENTITLED
"VEHICLES AND TRAFFIC" REGARDING THE PARKING OF
CERTAIN SIZED COMMERCIAL VEHICLES AND TAXICABS
WHEREAS,a written application has been made to amend Chapter 19.45.065 of the Elgin
Zoning Ordinance entitled "Commercial Vehicles Prohibited"; and
WHEREAS, the Planning and Zoning Commission has held a public hearing concerning
the proposed amendments after due notice in the manner provided by law; 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 in part and denied in part; and
WHEREAS, the City Council concurs with the findings and recommendation of the
Community Development Department and the Planning and Zoning Commission regarding that
portion of the written application that pertains to the gross vehicular weight rating of a commercial
vehicle and to the exception provided for parking a taxi cab; and
WHEREAS, the City Council disagrees with the findings and recommendation of the
Community Development Department and the Planning and Zoning Commission regarding that
portion of the written application that pertains to the temporary parking of a recreational vehicle;
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 parking of commercial vehicles, 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 that part of the
Recommendation and Findings of Fact related to the gross vehicular weight rating of a commercial
vehicle and to the exception provided for parking a taxi cab, dated April 1, 2019, made by 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 19.45.065.B. of the Elgin Municipal Code, 1976, as amended,
entitled "Definitions" be and is hereby further amended to read as follows:
"B. Definitions: For the purposes of this section 19.45.065, whenever any of the
following words, terms or phrases are used they shall have the meanings ascribed
to them as follows:
COMMERCIAL VEHICLE: A "motor vehicle" [SR] having attributes or
characteristics that meet or satisfy any of the following conditions:
1. The vehicle has a state of Illinois license plate designation indicating a
weight classification in excess of twelve thousand (12,000) pounds, said
designations being as follows:
F (12,001 - 16,000 pounds);
H (16,001 - 26,000 pounds);
J (26,001 - 28,000 pounds);
K(28,001 - 32,000 pounds);
L (32,001 - 36,000 pounds);
N (36,001 -40,000 pounds);
P (40,001 -45,000 pounds);
Q (45,001 - 50,000 pounds);
R(50,001 - 54,999 pounds);
S (55,000 - 59,500 pounds);
T(59,501 - 64,000 pounds);
V (64,001 - 73,280 pounds);
X (73,281 - 77,000 pounds); and
Z (77,001 - 80,000 pounds).
2. The vehicle has a state of Illinois license plate bearing one of the following
designations:
BM (municipal bus);
CM (commuter van);
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CN (conservation truck/truck tractor);
CR(ceremonial);
CV (charitable vehicle) for second division vehicles;
D through Z (flat weight truck/truck tractor- all weight classifications);
DE (driver education);
DL (dealer);
EV (exempt vehicle);
FH (funeral home);
FM (farm machinery);
FS (fertilizer spreader);
FT (farm fertilizer);
IT (transporter);
LY (livery);
MC (medical carrier);
MD through MZ (mileage tax truck/truck tractor - all weight
classifications);
MFR(manufacturer);
PM (permanently mounted equipment);
PT (public transportation);
RV (recreational vehicle);
SB (school bus);
TW (tow truck);
TX(taxicab);
VF through VZ (farm truck/truck tractor- all weight classifications);
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Ambulance;
Apportioned - P (apportioned truck and truck tractor);
Apportioned - W (apportioned tow truck); or
Repossessor.
3. The vehicle has an out of state license plate but is of a type that would
require any of the state of Illinois license plate designations listed herein.
4. The vehicle has a gross vehicular weight rating in excess of twelve thousand
(12,000)pounds.
5. The vehicle is designed to transport ten(10) or more persons.
GROSS VEHICULAR WEIGHT RATING (GVWR): The value specified
by the manufacturer or manufacturers as the maximum loaded weight of a
single vehicle.
TRAILER: Every vehicle without motive power designed for carrying
persons or property and for being drawn by a motor vehicle. Trailers shall
include, without limitation, semitrailers, farm trailers, pole trailers,
recreational vehicle trailers, campers, camping trailers, pop ups, trailer
coaches, travel trailers and utility trailers."
Section 3. That Section 19.45.065.C. of the Elgin Municipal Code, 1976, as amended,
entitled "Residential Districts" be and is hereby amended to read as follows:
C. Residential Districts:
1. No commercial vehicle shall be parked, kept, or stored at any time on a
"zoning lot" [SR] located within a residence conservation district or a
residence district,or on any "zoning lot" [SR] having a residential use as its
"principal use" [SR], or having a residential building or structure as its
"principal building" [SR].
2. Exceptions: The prohibition on the parking of commercial vehicles
provided for in this subsection 19.45.065.C. shall not apply to:
a. Commercial vehicles parked between the hours of seven o'clock
(7:00) A.M. and seven o'clock (7:00) P.M., when such commercial
vehicles are parked for the purpose of delivering or collecting
persons, materials or merchandise, or for the purpose of performing
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a service on the "zoning lot" [SR] on which the commercial vehicle
is parked;
b. The services or operations of any governmental unit, public utility
or any such activities performed on behalf of any such governmental
unit or public utility; or
c. No more than one (1)"motor vehicle" [SR] with state of Illinois TX
(taxicab)license plates provided said"motor vehicle" [SR] is parked
upon a "zoning lot" [SR] which contains the primary residence of
the owner or lessee of said"motor vehicle" [SR]."
Section 4. That Section 11.60.130 of the Elgin Municipal Code, 1976, as amended,
entitled "Parking of Commercial or Recreational Vehicles, Trailers or Truck Tractors Restricted:"
be and is hereby further amended by amending subparagraph A thereof to read as follows:
"A. No commercial vehicle, trailer or truck tractor with a gross vehicle weight or
registered weight of twelve thousand (12,000) pounds or more shall be permitted
to be parked on any public street or any municipally owned parking lot for a longer
period than two (2) hours."
Section 5. That Section 11.60.135 of the Elgin Municipal Code, 1976, as amended,
entitled "Parking of Commercial Vehicles Prohibited:" be and is hereby further amended by
amending subparagraph B thereof entitled "Definitions" to read as follows:
"B. Definitions: For the purposes of this section, whenever any of the following words,
terms or phrases are used they shall have the meanings ascribed to them as follows:
COMMERCIAL VEHICLE: A motor vehicle [SR] having attributes or
characteristics that meet or satisfy any of the following conditions:
1. The vehicle has a state of Illinois license plate designation indicating a
weight classification in excess of twelve thousand (12,000) pounds, said
designations being as follows:
F (12,001 - 16,000 pounds);
H (16,001 - 26,000 pounds);
J (26,001 - 28,000 pounds);
K (28,001 - 32,000 pounds);
L (32,001 - 36,000 pounds);
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N (36,001 - 40,000 pounds);
P (40,001 - 45,000 pounds);
Q (45,001 - 50,000 pounds);
R(50,001 - 54,999 pounds);
S (55,000 - 59,500 pounds);
T (59,501 - 64,000 pounds);
V (64,001 - 73,280 pounds);
X (73,281 - 77,000 pounds); and
Z (77,001 - 80,000 pounds).
2. The vehicle has a state of Illinois license plate bearing one of the following
designations:
BM (municipal bus);
CM (commuter van);
CN(conservation truck/truck tractor);
CR(ceremonial);
CV (charitable vehicle) for second division vehicles;
D through Z (flat weight truck/truck tractor- all weight classifications);
DE (driver education);
DL (dealer);
EV (exempt vehicle);
FH (funeral home);
FM (farm machinery);
FS (fertilizer spreader);
FT (farm fertilizer);
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IT (transporter);
LY (livery);
MC (medical carrier);
MD through MZ (mileage tax truck/truck tractor - all weight
classifications);
MFR(manufacturer);
PM (permanently mounted equipment);
PT (public transportation);
RV (recreational vehicles);
SB (school bus);
TW(tow truck);
TX (taxicab);
VF through VZ (farm truck/truck tractor - all weight classifications);
Ambulance;
Apportioned - P (apportioned truck and truck tractor);
Apportioned - W (apportioned tow truck); or
Repossessor.
3. The vehicle has an out of state license plate but is of a type that would
require any of the state of Illinois license plate designations listed herein.
4. The vehicle has a gross vehicular weight rating in excess of twelve thousand
(12,000) pounds.
5. The vehicle is designed to transport ten (10) or more persons.
GROSS VEHICULAR WEIGHT RATING (GV WR): The value specified
by the manufacturer or manufacturers as the maximum loaded weight of a
single vehicle."
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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.
LA/
David J. K. stain, ► ayor
Presented: June 12, 2019
Passed: June 12, 2019
Omnibus Vote: Yeas: 7 Nays: 2
Recorded: June 12, 2019
Published: June 14, 2019 OF EI.G,4
Attes ,9
Kimberly Dewis, ity Clerk off` y
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