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HomeMy WebLinkAboutG89-85 Ordinance No. G89-85 AN ORDINANCE AMENDING CHAPTER 19.44 OF THE ELGIN MUNICIPAL CODE, 1976, TO REGULATE THE LOCATION OF PAVED OFF-STREET PARKING SPACES FOR SINGLE-FAMILY OR TWO-FAMILY DWELLING UNITS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 19.44 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: "19.44.100 Location E. Parking spaces required for single-family or two-family dwelling units, except those spaces that may be located in approved garages, shall be located on a concrete or asphaltic surface in rear or side yards on the some lot as the dwelling served, with the exception that such required off- street parking spaces may be located on the concrete or asphalt driveway area within the required front yard setback. Spaces other than those required by this chapter shall also be surfaced with concrete or asphalt, and the location must be approved by the land use administrator." Section 2. That all ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 11, 1985 Passed: November 11, 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk i October 21 , 1985 MEMORANDUM TO: City Council FROM: Planning Department SUBJECT: Petition 49-85 Requesting An Amendment to Chapter 19.44 of the Elgin Municipal Code, Concerning Regulations for Off-street Parking Around Residences. The Legal Department has requested that Petition 49-85 be filed to amend Chapter 19 .44.100 of the Elgin Municipal Code . This action is being taken to clarify the existing restrictions concerning the parking of vehicles in residential front yards . At its regular meeting of September 18, 1985, the Planning Committee recommended approval of Petition 49-85, subject to the recommended change, by a vote of seven (7) yes and zero (0) no (see Exhibits A and 8) . vrb A September S, 1985 MEMORANDUM TO: Jerold T. Deering, Senior Planner FROM: William A. Cogley, Assistant Corporation Counsel SUBJECT: Petition 49-85 Requesting an Amendment Attached please find the materials to be given to the Planning Committee with their agendas for the public hearing on September 18, 1985. The materials consist of a revised text of the proposed ordinance amending Chapter 19.44, a copy of the ordinance amending Chapter 11.32, and previous correspondence to Bob Maim on the subject. Please advise if you have any questions. WAC nr r : , ' Attachments Draft Number 2 AN ORDINANCE AMENDING CHAPTER 19.44 OF THE ELGIN MUNICIPAL CODE, 1976, TO REGULATE THE LOCATION OF PAVED OFF-STREET PARKING SPACES FOR SINGLE-FAMILY OR TWO-FAMILY DWELLING UNITS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 19.44 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: 1119.44.100 Location E. Parking spaces required for single-family or two-family dwelling units, except those spaces that may be located in approved garages, shall be located on a concrete or asphaltic surface in rear or side yards on the same lot as the dwelling served, with the exception that such required spaces for passenger vehicles may be located on the concrete or asphalt driveway area within the required front yard setback. Spaces other than those required by this chapter shall also be surfaced with concrete or asphalt, and the location must be approved by the land use administrator." Section 2. That all ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Richard L. Verbic, Mayor Presented: Passed: Vote: Yeas Nays Recorded: Published: Attest: Marie Yearman, City Clerk Draft Number I AN ORDINANCE AMENDING CHAPTER 11.32 OF THE ELGIN MUNICIPAL CODE, 1976, TO REQUIRE THE PARKING OF MOTOR VEHICLES ON PAVED SURFACES ONLY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 11.32 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: "11.32.060 Parking of Motor Vehicles on Paved Surfaces Only The parking of motor vehicles shall be on concrete or asphaltic paved surfaces only, unless otherwise specifically provided for in this Code." Section 2. That all ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Richard L. Verbic, Mayor Presented: Passed: Vote: Yeas Nays Recorded: _ Published: Attest: Marie Yearman, City Clerk August 9, 1985 MEMORANDUM TO: Robert 0. Malm, Acting City Manager FROM: William A. Cogley, Assistant Corporation Counsel SUBJECT: Proposed Amendments to Municipal Code to Regulate Parking Around { Residential Homes Attached find copies of the two proposed ordinances which require the parking of motor vehicles on paved surfaces and which regulates the location of any off-street paved parking spaces around residential homes. It is my opinion that the two proposed ordinances provide a clear and workable frame- work in which to deal wtih the problem of parking around residential homes. 1 find the present reliance on the applicability section of the off-street parking regulations (Section 19.44.150) to be inadequate. I consider the supposed inference that Section 19.44.150 prohibits the parking of motor vehicles on the lawn around residential homes to be vague at best. It is my recommendation that these proposed ordinances be considered as a solution to the problems we have discussed. Please advise if you have any questions relating to this matter. WAC nr Attachments October 16, 1985 FINDINGS OF FACT PLANNING COMMITTEE PLANNING AND LAND USE COMMISSION CITY OF ELGIN I . SUBJECT Consideration of Petition 49-85 Requesting an Amendment to Chapter 19.44.100 of the Elgin Municipal Code by adding "E . Parking spaces required for single-family or two-family dwelling units, except those spaces that may be located in approved garages, shall be located on a concrete or asphaltic surface in rear or side yards on the same lot as the dwelling served, with the exception that such required spaces for passenger vehicles may be located on the concrete or asphalt T driveway area within the required front yard setback. Spaces other than those required by this chapter shall also be surfaced with concrete or asphalt, and the location must be approved by the land use administrator" by the Legal Department , City of Elgin. II . CONSIDERATIONS A petition has been filed by the Legal Department that requests an amendment to Chapter 19.44.100 of the Elgin Municipal Code in order to clarify the locational requirements for parking spaces accessory to single-family and two-family dwelling units. III . FINDINGS AND RECOMMENDATION After due notice, as required by law, the Planning Committee held a public hearing on the proposed text amendment on September 18, 1985. The petitioner appeared at the hearing and presented documentary evidence. No objectors appeared and no written objection has been filed to the proposed text amendment . The Planning Committee has made the following findings with respect to the requested zoning ordinance text amendment : A. The requested zoning ordinance text amendment is necessary to clarify regulations governing the locational requirements for parking spaces accessory to single-family and two-family dwelling units. B. The Planning Committee is of the opinion that the reference to "passenger vehicles" should be deleted from the proposed text amendment and replaced with " . . . required off-street parking spaces . . . " . The committee recommends this change for two reasons: (1 ) "passenger vehicle" is -Page 1- Exhibit A H 61 ) not clearly defined and should be eliminated to avoid confusion in interpreting the ordinance and (2) this section of the ordinance, as titled, regulates only the location of parking spaces. Accordingly, on a motion to recommend approval of Petition 49-85 subject to the suggested change, the vote was seven (7) yes and zero (0) no. Therefore, the Planning Committee recommends approval of Petition 49-85. Renard I . Jac s n , Chairm Planning Committee Planning and Land Use Commission JK54ld T . Deering, Secre P ning Committee Planning and Land Use Commission -Page 2-