Loading...
HomeMy WebLinkAboutG70-95 . 1 . CITY OF ELGIN ORDINANCE NO. G70-95 AN ORDINANCE AMENDING ELGIN MUNICIPAL CODE TITLE 19 ZONING HOME OCCUPATIONS ADOPTED BY THE rik CITY COUNCIL OF THE CITY OF ELGIN ON THIS 27TH DAY OF SEPTEMBER, 1995 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 28th day of September, 1995 . ork STATE OF ILLINOIS ss . COUNTY OF KANE ) CERTIFICATE I , Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on September 27 , 1995, the Corporate Authorities of such municipality passed and approved Ordinance No. G70-95, entitled An Ordinance G70-95 Amending Elgin Municipal Code Title 19 - Zoning Home Occupations, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G70-95, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on September 28, 1995, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on September 28, 1995 . Municipal Clerk (SEAL) Ordinance No. G70-95 AN ORDINANCE AMENDING TITLE 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 home occupations; 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 Chapter 19 . 20 "Residence Conservation Districts" of Title 19 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: 1 . Section 19 . 20 . 100 RC1 Residence Conservation District Section 19 . 20 . 130 Land Use A. Permitted Uses . Residences Division ADD: "3. Residential Occupations" {SR} (UNCL) (and renumbering each following permitted use in the RC1 Residences Division) . 2 . Section 19 .20 . 100 RC1 Residence Conservation District Section 19 . 20 . 130 Land Use B. Conditional Uses . ADD: "Residences Division 1. Conditional Residential Occupations" {SR} (UNCL) 3 . Section 19 .20 . 300 RC2 Residence Conservation District Section 19 . 20 . 330 Land Use A. Permitted Uses . Residences Division ADD: "3. Residential Occupations" {SR} (UNCL) (and renumbering each following permitted use in the RC2 Residences Division) . em- 4 . Section 19 . 20 . 300 RC2 Residence Conservation District Section 19 . 20. 330 Land Use B. Conditional Uses. ADD: "Residences Division 1. Conditional Residential Occupations" {SR} (UNCL) 5 . Section 19 . 20 . 600 RC3 Residence Conservation District Section 19 . 20. 630 Land Use A. Permitted Uses . Residences Division ADD: "4. Residential Occupations" {SR} (UNCL) (and renumbering each following permitted use in the RC3 Residences Division) . 6 . Section 19 .20 . 600 RC3 Residence Conservation District Section 19 . 20. 630 Land Use B. Conditional Uses. ADD: "Residences Division 1. Conditional Residential Occupations" {SR} (UNCL) Section 2 . That Chapter 19 . 25 entitled "Residence Districts" of Title 19 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: 1 . Section 19 . 25 . 100 SFR1 Single Family Residence District Section 19 .25 . 130 Land Use A. Permitted Uses . Residences Division ADD: "3. Residential Occupations" {SR} (UNCL) (and renumbering each following permitted use in the SFR1 Residences Division) . 2 . Section 19 .25 . 100 SFR1 Single Family Residence District Section 19 .25 . 130 Land Use B. Conditional Uses . ADD: "Residences Division 1. Conditional Residential Occupations" {SR} (UNCL) 3. Section 19 .25 . 300 SFR2 Single Family Residence District Section 19 . 25 . 330 Land Use A. Permitted Uses . Residences Division ADD: "3. Residential Occupations" {SR} (UNCL) (and renumbering each following permitted use in the SFR2 Residences Division) . ew 4 . Section 19 . 25 . 300 SFR2 Single Family Residence District Section 19 . 25 . 330 Land Use B. Conditional Uses. ADD: "Residences Division 1. Conditional Residential Occupations" {SR} (UNCL) 5 . Section 19 . 25 . 500 TFR Two Family Residence District Section 19 . 25 . 530 Land Use A. Permitted Uses . Residences Division ADD: "3. Residential Occupations" {SR} (UNCL) (and renumbering each following permitted use in the TFR Residences Division) . 6 . Section 19 . 25 . 500 TFR Two Family Residence District Section 19 . 25 .530 Land Use B. Conditional Uses . ADD: "Residences Division 1. Conditional Residential Occupations" {SR} (UNCL) 7 . Section 19 . 25 . 700 MFR Multiple Family Residence District Section 19 . 25 . 730 Land Use A. Permitted Uses . Residences Division ADD: "3. Residential Occupations" {SR} (UNCL) (and renumbering each following permitted use in the MFR Residences Division) . 8 . Section 19 . 25 . 700 MFR Multiple Family Residence District Section 19 . 25 . 730 Land Use B. Conditional Uses . Residences Division ADD: "1. Conditional Residential Occupations" {SR} (UNCL) (and renumbering each following conditional use in MFR Residences Division) . Section 3 . That Chapter 19 . 90 entitled "Supplementary Regulations" of Title 19 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Section 19 . 90 . 617 to read as follows : 19.90.617 Residential Occupations. "Residential Occupations" shall mean a rft. "business" (SR) which is "accessory" (SR) to a "dwelling unit" (SR) . Residential occupations shall be subject to the following supplementary regulations : A. Operation - Generally. The operation of a residential occupation shall be limited to the persons residing in the dwelling unit. B. Use of Land and Structures. Residential occupations shall be conducted entirely within a dwelling unit. No residential occupation shall utilize any process or equipment with a potential for creating a life/safety hazard, as may be determined by the Code Official . The floor area of the residential occupation within the principal building shall be limited to twenty five (25) percent of the "residential floor area" (SR) . Residential occupations which exceed ten ( 10) percent of the "fire area" shall be subject to the provisions for "accessory areas" of Title 16, Buildings and Construction, as may be amended. No residential occupation shall be located emik within an "accessory building" (SR) . No merchandise shall be stored on the premises, except such that can be produced on the premises . Other merchandise may be kept on the premises temporarily while waiting to be distributed to the consumer. No merchandise, goods, supplies, equipment, or materials shall be displayed or stored outdoors . C. Prohibited Alterations. No alterations, exterior or interior of structures, temporary or permanent, that change the essential residential character of the land or structures of a "zoning lot" (SR) with a residential occupation shall be allowed, including, but not limited to, additional entrances and exits, additional bathrooms, accessible doorways and ramps, etc. No signs other than those allowed in residence districts and in residence conservation districts by Chapter 19 . 50, Signs, shall be allowed on a zoning lot with a residential occupation. D. Traffic and Parking. No merchandise, goods, supplies, or materials associated with a residential occupation shall be received or delivered at the dwelling unit er- unless conducted entirely by U. S . Postal Service, similar parcel delivery service, or private passenger motor vehicle. No dwelling unit with a residential occupation shall generate more demand for off street parking than exists on the zoning lot or in excess of the number of off street parking stalls that may be assigned to a dwelling unit. No more than five persons shall be allowed to visit the premises of a dwelling unit with a residential occupation for the purpose of conducting business each day. Such visitations shall be limited to Monday through Friday from the hours of 8:00 R.M. to 6 : 00 P.M. E. Public Nuisance. No residential occupation shall be operated in such a manner as to cause a public nuisance including, but not limited to interference with broadcast radio and television reception; offensive noise, vibration, smoke, dust, heat, glare, or odor; excessive pedestrian or vehicular traffic; or aesthetic problems . F. Prohibited Residential Occupations. No residential occupation shall involve the detailing, servicing, or repairing of motor vehicles . No residential occupation shall involve the grooming, treatment, boarding, or propagation of animals, poultry, or livestock. With the exception of "home child day care services" (SR) , which are regulated otherwise, no residential occupation shall involve the personal or medical care or treatment of persons . No residential occupation shall involve the handling or preparation of food. Section 4 . That Chapter 19 . 90 entitled "Supplementary Regulations" of Title 19 of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by adding Section 19 . 90 . 618 to read as follows : 19.90.618 Residential Occupations, Conditional. "Conditional Residential Occupations" shall mean a "business" (SR) which is "accessory" (SR) to a "dwelling unit" (SR) . Conditional residential tem- occupations shall be subject to the provisions of Chapter 19 . 60, Conditional Uses . The Zoning and Subdivision Hearing Board may recommend and the City Council may require such conditions and restrictions on the impact, location, design, construction, and operation of the conditional residential occupation as may be deemed necessary to promote the purpose and intent of this title. Conditional residential occupations shall be subject to the following supplementary regulations : A. Operation - Generally. The operation of a conditional residential occupation shall be limited to the persons residing in the dwelling unit plus one additional employee or subcontractor, working on the premises, who is not a resident. B. Use of Land and Structures. All conditional residential occupations shall be conducted wholly within an "enclosed building" (SR) . Conditional residential occupations may utilize specialized processes and equipment in the performance of the residential occupation, which require building, HVAC, plumbing, or electrical installations which are not customarily found within a dwelling unit. However, no conditional residential occupation shall utilize any process or equipment with any potential for a life/safety hazard, as may be determined by the Code Official . The floor area of the conditional residential occupation within the principal building shall be limited to thirty ( 30) percent of the "residential floor area" (SR) . Residential occupations which exceed ten ( 10) percent of the "fire area" shall be subject to the provisions for "accessory areas" of Title 16 , Buildings and Construction, as may be amended. No merchandise shall be stored on the premises, except such that can be produced on the premises . Other merchandise may be kept on the premises temporarily while waiting to be distributed to the consumer. No merchandise, goods, supplies, equipment, or materials shall be displayed or stored outdoors . C. Prohibited Alterations. No alterations, exterior or interior of structures, temporary or permanent, that change the essential residential character of the land or structures of a "zoning lot" (SR) with a conditional residential occupation shall be allowed, including, but not limited to, additional entrances and exits, additional bathrooms, accessible doorways and ramps, etc. No signs other than those allowed in residence districts and in residence conservation districts by Chapter 19 . 50, Signs shall be allowed on a zoning lot with a conditional residential occupation. D. Traffic and Parking. No merchandise, goods, supplies, or materials associated with a conditional residential occupation shall be received or delivered on a zoning lot with a conditional residential occupation unless conducted entirely by U.S . Postal Service, similar parcel tow delivery service, or private passenger motor vehicle. No dwelling unit with a conditional residential occupation shall generate more demand for off street parking than exists on the zoning lot or in excess of the number of off street parking stalls that may be assigned to a dwelling unit. No more than ten persons shall be allowed to visit the premises of a dwelling unit with a conditional residential occupation for the purpose of conducting business each day. Such visitations shall be limited to Monday through Saturday from the hours of 8: 00 A.M. to 6 :00 P.M. , and Sunday from the hours of 12 :00 P.M. to 5 :00 P.M. E. Public Nuisance. No conditional residential occupation shall be operated in such a manner as to cause a public nuisance including, but not limited to interference with broadcast radio and television reception; offensive noise, fek vibration, smoke, dust, heat, glare, or odor; excessive pedestrian or vehicular traffic; or aesthetic problems . F. Prohibited Conditional Residential Occupations. No conditional residential occupation shall involve the detailing, servicing, or repairing of motor vehicles . No conditional residential occupation shall involve the grooming, treatment, boarding, or propagation of animals, poultry, or livestock. With the exception of "home child day care services" (SR) , which are regulated otherwise, no conditional residential occupation shall involve the personal or medical care or treatment of persons . No conditional residential occupation shall involve the handling or preparation of food. G. Certificate of Occupancy and Compliance. Conditional residential occupations shall obtain a Certificate of Occupancy and Compliance from the Code Administration Department prior to starting the conditional residential occupation. eak Section 5 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 6 . That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. Kevin Kelly, Mayor ' Presented: September 27 , 1995 Passed: September 27 , 1995 Omnibus Vote: Yeas 7 Nays 0 Recorded: September 28, 1995 Published: September 28, 1995 Attest: Do onna Mecum, Ci y Clerk