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Home My WebLink AboutG62-82 Ordinance No. G62-82 AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATING TO VARIATIONS WHEREAS, written application has been made to amend the provisions of the zoning ordinance relating to the granting of variations; and WHEREAS, the Planning Committee of the Planning and Land Use Commis- sion conducted a public hearing on said request after due notice in the manner provided by law; and WHEREAS, the Planning Committee of the Planning and Land Use Commis- sion has recommended amendment of the zoning ordinance relating to the granting of variations; and WHEREAS, the City Council of the City of Elgin concurs in the recom- mendations of the Planning Committee of the Planning and Land Use Commis- sion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.50.010 of Chapter 19 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "19.50.010 Purpose of provisions. The purpose of this chapter is to provide a means of varying the provisions of this title in harmony with its general purpose and intent, based on the standards prescribed in this chapter that there are extraordinary or exceptional conditions, difficulties, or hardships associated with the strict application of the require- ments of this title. The authority to grant a variation from the requirements of this title shall be sparingly exercised. Any varia- tion granted shall be the minimum adjustment necessary for the reasonable use of the land. Variations shall be granted only in the specific instances set forth in this chapter." Section 2. That Section 19.50.040 of Chapter 19 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "19.50.040 Standards - Generally. The zoning and subdivision hearing examiner shall not vary the provisions of this title as authorized in this chapter unless he has made favorable findings based on evidence presented to him at a public hearing regarding each of the following standards: A. That there are extraordinary or exceptional conditions, difficulties, or hardships which render the strict application of the requirements of this title unreasonable. B. That the variation, if granted, will not alter the essential character of the locality." ' t Section 3. That Section 19.50.050 of Chapter 19 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "19.50.050 Standards - Additional. All For the purpose of supplementing the standards in Section 19.50.040, the hearing examiner shall also determine the extent to which favorable findings have been established by the evidence presented at a public hearing for each of the following additional standards: A. That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. B. That the particular physical surroundings, shape, or topo- graphical conditions of the specific property involved would bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out. C. That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification. D. That the purpose of the variation is not based exclusively upon a desire to make a greater economic return from the property. E. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. F. That the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements to the neighborhood in which the property is located. G. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire or otherwise endanger public safety, or substantially diminish or impair property values within the neighborhood." Section 4. That Section 19.50.070 of Chapter 19 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "19.50.070 Authorized variations. Variations from the regulations of this title may be decided by the zoning and subdivision hearing examiner or, in certain instances, by the land use administrator, only in accordance with the standards set forth in this chapter and only in the following instances and no others: A. Variations that may be granted by the land use administrator without a public hearing are as follows: A70 1. To permit the reduction of a required yard by one foot or less; 2. To permit the extension of a building line of a structure that conformed to previous regulations at the time of its con- struction; 3. To permit changes in parking requirements as provided in Chapter 19.44; 4. To permit the same off-street parking spaces to qualify as required spaces for two or more uses; provided that the use of such facility by each user does not take place during the same hours or on the same days of the week; 5. To permit changes in community graphic requirements as provided in Chapter 19.45. B. However, no such variation as set forth in subsection A of this section shall be granted unless the land use administrator finds the following: 1. That the purpose of the variation is not based exclusively upon a desire to make a greater economic return from the property; 2. That the granting of the variation will not be detrimental to the public welfare or injurious to other property or improve- ments to the neighborhood in which the property is located; 3. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire or otherwise endanger public safety, or substantially diminish or impair property values within the neighborhood. C. Variations that may be granted by the zoning and subdivision hearing examiner are as follows: 1. To permit the reduction of a required yard, setback, lot area, lot width, floor area ration, or required off-street parking and loading; 2. To permit an increase in a maximum building height or in the maximum percent of a rear yard that may be occupied by an accessory building; 3. To permit an existing nonconforming use to be changed to another nonconforming use in the same or a higher classification; 4. To permit changes in community graphic requirements as provided in Chapter 19.45; 5. To permit construction of a nonsolid-type security fence not to exceed ten feet in height and in addition thereto not more than three strands of barbed wire, within the required yard of property located within a business or manufacturing district; provided, that the need for a security fence is demonstrated by findings and recommendations of the police department; and provided further, that the security fence does not interfere with or obstruct the view of motorists in the vicinity and is approved by the engineering division. Security fences shall be screened by plant material, earth-mounded berms, or a combination thereof. Screening shall be maintained at a height of not less than two nor more than three feet within any required front yard. Planting areas shall be maintained free of litter, weeds and debris and all dead plant material shall be replaced." Section 5. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law and ten days after publication in pamphlet form. sI Richard L. Verbic Richard L. Verbic, Mayor Presented: November 23, 1982 Passed: November 23, 1982 Vote: Yeas 5 Nays 0 Recorded: Published: Attest: sI Marie Yearman Marie Yearman, City Clerk All