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HomeMy WebLinkAboutG4-77 Ordinance No. G4-77 AN ORDINANCE AMENDING THE RESIDENTIAL SECTIONS OF THE ELGIN ZONING ORDINANCE WHEREAS, written application has been made to amend the residential sections of the Elgin Zoning Ordinance; and WHEREAS, the Planning Committee conducted public hearings after due notice in the manner provided by law; and WHEREAS, the Planning Committee has recommended that the residential sections of the zoning ordinance be amended; and WHEREAS, the City Council finds that the amendments recommended are necessary and desirable and promote the public health, safety and welfare; and WHEREAS, the regulation of land use is within the government and affairs of the City of Elgin; and WHEREAS, the City of Elgin is a home rule unit within the meaning of the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.10.O10c (prior code 21-107(a) (1)c.) of Chapter 19 of the Municipal Code of Elgin, as amended, be and is hereby amended by adding the following: "Home occupations shall be limited to single family dwellings within the R-3 and R-4 residential zoning district." Section 2. That Chapter 19 of the Elgin Municipal Code, as amended, the Elgin Zoning Ordinance, be and is hereby amended by deleting the follow- ing sections or subsections: (1) Section 19.12 (Prior Code 21-107B) , entitled "R-1 Single Family Residence District." (2) Section 19.14 (Prior Code 21-107C) , entitled "R-2 Single Family Residence District." (3) Section 19.16 (Prior Code 21-107D) , entitled "R-3 Two Family Residence District." (4) Section 19.18 (Prior Code 21-107E) , entitled "R-4 General. Residence District." (5) Section 19. 20 (Prior Code 21-107F) , entitled "R-5 General Residence District." (6) Section 19. 22 (Prior Code 21-107G) , entitled "R-6 General Residence District." (7) Section 19.34.030-7. (Prior Code 21-108E (3)g) , entitled "Special Uses." Section 3. That Chapter 19 of the Elgin Municipal Code, as amended, the Elgin Zoning Ordinance, be and is hereby amended by adding the following sec- tions or subsections in place of the sections or subsections heretofore repealed: "Section 19.12 - R-1 Single Family Residence District 19.12. 010 Permitted Uses: In the R-1 district, permitted uses are as follows: 1. Single-family detached dwellings. 2. Home day care service. 3. Parks and playgrounds - publicly owned and operated. 4. Public facilities - fire stations, police stations, water filtration plants, pumping stations, and reservoirs. 5. Schools - non-boarding, elementary. junior high, high. 6. Signs - as otherwise provided herein. (Prior,.Code 217111.). 7. Temporary buildings for construction purposes - for a period not to exceed such construction. 8. Accessory uses to the above permitted uses including but not limited to off-street parking and off-street loading. (Prior Code 21-107 (B) (1).). 19.12.020 Special Uses: In the R-1 district, special uses are as follows: 1. Art galleries and museums. 2. Churches. 3. Cemeteries. 4. Community service facilities. 5. Convents, monasteries, and seminaries. 6. Colleges and universities and uses accessory and incidental. 7. Golf courses. 8. Institutional day care service. 9. Libraries. 10. Recreational buildings and community centers, publicly owned and/or non-profit. 11. Off-street parking. 12. Planned unit developments. 13. Boarding schools - private elementary, junior high, and high. 14. Utility and public service uses, including but not limited to: a. Electric distribution centers. b. Gas regulators. c. Railroad rights-of-way. d. Transit and public transportation facilities - including shelters, terminals, parking areas, and service buildings. e. Telephone exchanges, micro-wave relay towers, and telephone transmission equipment and buildings. 15. Accessory uses to the above special uses including, but not eft. limited to, off-street parking and off-street loading. (Prior Code 21-107 (B) (2).). 19. 12. 030 Lot Area. In the R-1 district, lot area shall be as follows: A. A lot with neither a municipal water supply nor a public sewerage disposal system shall be not less than one hundred twenty five feet in width at the building setback line, and the lot area shall be not less than forty thousand square feet. B. A lot improved with either municipal water supply or a public sewerage disposal system shall be not less than one hundred twenty five feet in width at the building setback line, and the lot area shall be not less than thirty thousand square feet. C. A lot improved with a municipal water supply and public sewerage disposal system shall be not less than one hundred feet in width at the building setback line, and the lot area shall be not less than twenty thousand square feet. D. The foregoing minimum lot area per dwelling unit requirement shall not apply to those existing vacant lots of record within the corporate limits as of the date of passage of the ordinance codified herein. Such lots shall continue to be subject to the minimum lot area requirements contained in Ordinance No. G-967 passed on March 8, 1962, namely eight thousand seven hundred and fifty square feet of lot area per dwelling unit. (Prior Code 21-107 (E) (3).) . 19.12. 070 Front Yard. In the R-1 district, the front yard shall be not less than thirty five feet in depth. (Prior Code 21-107 (B) (7) .). 19.12.080 Side Yard. In the R-1 district, there shall be: A. Two side yards, each not less than ten feet wide. B. A side yard abutting a street not to be less than thirty five feet wide. C. If a corner lot, subdivided and duly recorded prior to the effective date of this ordinance, has insufficient width to provide such side yard of thirty feet width and maintain a buildable width of thirty feet including the required side yard adjoining the interior lot line, the side yard abutting the street may be reduced in width by the distance necessary to maintain such a buildable width of 30 feet. (Prior Code 21-107 (B) (8).) . 19.12. 090 Rear Yard. rah In the R-1 district, the rear yard shall be not less than forty feet in depth. 19.12.100 Off-Street Parking and Loading, as otherwise provided herein. Section 19.14 - R-2 Single Family Residence District 19.14.010 Permitted Uses. In the R-2 district, permitted uses are the uses permitted in the R-1 district. (Prior Code 21-107 (C) (1).) . 19.14.020 Special Uses. In the R-2 district, special uses are as follows: 1. Special uses allowed in the R-1 district. 2. Heliports. 3. Hospitals and Sanitariums. (Prior Code 21-107 (C) (2).). 19.14.030 Lot Area. A. In the R-2 district, lot area shall be not less than seven thousand five hundred square feet. B. The foregoing minimum lot area per dwelling unit requirements shall not apply to those existing vacant lots of record within the corporate limits as of the date of the ordinance codified herein. Such lots shall continue to be subject to the minimum lot area requirements contained in Ordinance No. G-685 passed on March 13, 1950, namely, six thousand square feet of lot area per dwelling unit. (Prior Code 21-107 (C) (3).). 19.14.040 Floor Area. In the R-2 district, floor area ratio shall not exceed 0.5. (Prior Code 21-107 (C) (4).) . 19.14. 050 Lot Width. In the R-2 district, lot width shall be not less than sixty feet measured at the narrowest width within the first thirty feet of lot depth directly in back of the front yard setback. (Prior Code 21-107 (C) (5).). 19.14.070 Front Yard. In the R-2 district, the front yard shall be not less than twenty five feet in depth. (Prior Code 21-107 (C) (7) .) . 19.14. 080 Side Yard. In the R-2 district there shall be: A. Two side yards having a combined width of fourteen feet and neither side yard less than six feet in width; B. A side yard abutting a street not to be less than twenty-five feet side; C. If a corner lot, subdivided and duly recorded prior to the r effective date of the ordinance codified herein, has insufficient width to provide such yard of twenty-five feet in width and still to maintain a buildable width of thirty feet including the required side yard adjoining the interior lot line, the side yard abutting the street may be reduced in width by the distance necessary to maintain such a buildable width of thirty feet. (Prior Code 21-107 (C) (8).) . 19.14.090 Rear Yard. In the R-2 district, the rear yard shall be not less than thirty feet in depth. (Prior Code 21-107 (C) (9) .) . 19.14.100 Off-Street Parking and Loading, as otherwise provided herein. Section 19.16 - R-3 Two Family Residence District 19.16. 010 Permitted Uses. In the R-3 district, permitted uses are as follows: 1. Uses permitted in the R-1 district. 2. Two family detached dwellings. 3. Home occupations as regulated in Section 19.10.010. (Prior Code 21-107 (D) (1) .). 19.16. 020 Special Uses. In the R-3 district, special uses are the special uses allowed in the R-1 and R-2 districts. (Prior Code 21-107 (D) (2).). 19.16. 030 Lot Area. A. In the R-3 district, lot area shall be not less than six thousand square feet for a single family dwelling, and not less than five thousand square feet for each dwelling unit in a two-family dwelling. B. The foregoing minimum lot area per dwelling unit requirements shall not apply to those existing vacant lots of record within the corporate limits as of the date of the ordinance codified herein. Such lots shall continue to be subject to the minimum lot area requirements contained in Ordinance No. G-967 passed March 9, 1962, namely, three thousand three hundred square feet of lot area per dwelling unit for two family detached dwelling units. (Prior Code 21-107 (D) (3).). r 19.16. 040 Lot Width. In the R-3 district, lot width shall be not less than fifty feet measured at the narrowest width within the first thirty feet of lot depth directly in back of the front yard setback. (Prior Code 21-107 (D) (4).). 19.16. 050 Floor Area Ratio. In the R-3 district, floor area ratio shall be not to exceed 0. 5. (Prior Code 21-107 (D) (5) .) . 19.16. 060 Front Yard. In the R-3 district, the front yard shall be not less than twenty-five feet in depth. (Prior Code 21-107 (D) (6) .) . 19.16.070 Side Yard. In the R-3 district, there shall be: A. Two side yards having a combined width of fourteen feet and neither side yard less than six feet in width; B. A side yard abutting a street not to be less than twenty-five feet wide; C. If a corner lot, subdivided and duly recorded prior to the effective date of the ordinance codified herein, has insuffi- cient width to provide such yard of twenty-five feet in width and maintain a buidable width of thirty feet including the required side yard adjoining an interior lot line, the side yard abutting the street may be reduced by the distance neces- sary to maintain such a buildable width of thirty feet. (Prior Code 21-107 (D) (7).) . 19.16. 080 Rear Yard. In the R-3 district, the rear yard shall be not less than thirty feet in depth. (Prior Code 21-107 (D) (8) .) . 19.16. 090 Off-Street Parking and Loading. Parking spaces and loading berths shall be in accordance with the off-street parking regulations of this ordinance. Section 19.18 - R-4 General Residence District 19.18. 010 Permitted Uses. In the R-4 district, permitted uses are as follows: 1. Uses permitted in the R-3 district; 2. Multiple family dwellings. (Prior Code 21-107 (E) (1).). 19.18. 020 Special Uses. In the R-4 district, special uses are as follows: 1. Special uses allowed in the R-3 district. 2. Day care centers - for profit, excluding home day care service. 3. Institutional headquarters for educational, fraternal, and religious organizations. 4. Single family mobile homes and/or modular housing units. 5. Nursing homes and retirement centers. 6. Planned Unit Developments exceeding R-4 permitted densities. 19.18. 030 Lot Area. In the R-4 district, lot area shall be as follows: MINIMUM LOT AREA PER TYPE OF DWELLING UNIT IN DWELLING UNIT SQUARE FEET Single family detached dwellings 6,000 Two family detached dwellings 5,000 Single family mobile homes and/or modular units 4,000 Multiple family dwellings 3,000 Multiple family dwellings in a special use P.U.D. 1,800 19.18.040 Lot Width. In the R-4 district, lot width shall be not less than fifty feet, measured at the narrowest width within the first thirty feet of lot depth, directly in back of the front yard setback. (Prior Code 21 7107 (E) (4).). 19.18. 050 Floor Area Ratio. In the R-4 district, floor area ratio shall be not to exceed 0.5. (Prior Code 21-107 (E) (5).). 19.18. 060 Front Yard. In the R-4 district, the front yard shall be not less than twenty- five feet in depth. (Prior Code 21-107 (E) (6) .) . 19.18. 070 Side Yard. In the R-4 district, there shall be: A. Two side yards having a combined width of sixteen feet and neither side yard less than six feet in width; B. A side yard abutting a street not to be less than twenty-five feet wide; C. If a corner lot, subdivided and duly recorded prior to the effective date of the ordinance codified herein, has insufficient width to provide such yard of twenty-five feet in width and still to maintain a buildable width of thirty feet including the required side yard adjoining an interior lot line, then, the side yard abutting the street may be reduced by the distance necessary to maintain such a buildable width of thirty feet. (Prior Code 21-107 (E) (7).) . 19.18.080 Rear Yard. In the R-4 district, the rear yard shall be not less than thirty feet in depth. (Prior Code 21-107 (E) (8) .) . 19.18. 090 Off-Street Parking and Loading, as otherwise provided herein. Parking spaces and loading berths shall be in accordance with off-street parking regulations of the ordinance. 19.18.100 Classification of Property in Districts Eliminated. The R-4 general residence district established herein shall be interpreted and construed to constitute a combination of those districts formerly described as the R-4, general residence district, the R-5, general residence district and the R-6, general residence district and property classified in said districts shall be subject to the regulations of the R-4 general residence district herein established. For those lots of record formerly in the R-5 general residence district subdivided prior to the effective date of this ordinance shall for one year continue to be subject to the minimum lot area requirements as provided in Ordinance No. G-967, passed March 9, 1962." Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law; publication shall be in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 26 1977 Passed: January 26 , 1977 Vote: Yeas 5 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk