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HomeMy WebLinkAboutG44-96 CITY OF ELGIN ORDINANCE NO. G44-96 AN ORDINANCE AMENDING C-HER 19 , ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED (PETITION 02-96 ) emk ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 28TH DAY OF AUGUST, 1996 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 29th day of August, 1996 . tek 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 August 28, 1996, the Corporate Authorities of such municipality passed and approved Ordinance No. G44-96 , entitled An Ordinance Amending Chapter 19 , Entitled "Zoning" of the Elgin Municipal Code, 1976 , as Amended (PEtiton 02-96 ) , which provided by its terms that it should be published in pamphlet form. tek The pamphlet form of Ordinance No. G44-96, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on August 29 , 1996, 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 August 29, 1996 . Municipal Clerk (SEAL) elk Ordinance No. G44-96 AN ORDINANCE AMENDING TITLE 19, ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED 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 Section 19 . 35 .230 of Title 19, entitled "Zoning" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by adding to the list of conditional uses the following: eibk B. Conditional Uses Miscellaneous Uses Division 28 . Accessory package liquor sales establishment (SR) (UNCL) . Section 2 . That Section 19 . 35 . 330 of Title 19 , entitled "Zoning" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from the list of permitted uses the following: A. 67 . Liquor stores ( 592 ) and renumber remaining uses . Section 3 . That Section 19 . 35 . 330 of Title 19 , entitled "Zoning" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of conditional uses the following: B. Conditional Uses Retail Trade Division 15 . Package liquor sales establishments (SR) (5921) and renumber remaining uses . eew Miscellaneous Uses Division 31 . Accessory package liquor sales establishment (SR) (UNCL) and renumber remaining uses . Section 4 . That Section 19 . 35 .430 of Title 19 , entitled "Zoning" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by deleting from the list of permitted uses the following: A. 79 . Liquor stores (592 ) and renumber remaining uses . Section 5 . That Section 19 . 35 . 430 of Title 19, entitled "Zoning" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of conditional uses the following: B. Conditional Uses Retail Trade Division 18 . Package liquor sales establishments (SR) ( 5921) and renumber remaining uses . Miscellaneous Uses Division 38 . Accessory package liquor sales establishment (SR) (UNCL) and renumber remaining uses . Section 6 . That Section 19 . 35 . 530 of Title 19, entitled "Zoning" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by deleting from the list of permitted uses the following: A. 77 . Liquor stores (592 ) and renumber remaining uses . Section 7 . That Section 19 . 35 . 530 of Title 19 , entitled "Zoning" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of conditional uses the following: B. Conditional Uses Retail Trade Division 10 . Package liquor sales establishments (SR) ( 5921) and renumber remaining uses . Miscellaneous Uses Division 29 . Accessory package liquor sales establishment (SR) (UNCL) and renumber remaining uses . Section 8 . That Section 19 . 35 . 730 of Title 19 , entitled "Zoning" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from the list of permitted uses the following: A. 82 . Liquor stores ( 592 ) and renumber remaining uses . Section 9 . That Section 19 . 35 . 730 of Title 19 , entitled "Zoning" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of conditional uses the following: B. Conditional Uses Retail Trade Division 18 . Package liquor sales establishments (SR) (5921) and renumber remaining uses . Miscellaneous Uses Division 38 . Accessory package liquor sales establishment (SR) (UNCL) and renumber remaining uses . Section 10 . That Section 19 .40 . 130 of Title 19 , entitled "Zoning" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by adding to the list of conditional uses the following: B. Conditional Uses Miscellaneous Uses Division 40 . Accessory package liquor sales establishment (SR) (UNCL) and renumber remaining uses . Section 11 . That Section 19 .40 . 330 of Title 19 , entitled "Zoning" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of conditional uses the following: B. Conditional Uses Miscellaneous Uses Division 38 . Accessory package liquor sales establishment (SR) (UNCL) and renumber remaining uses . Section 12 . That Section 19 . 40 .530 of Title 19, entitled "Zoning" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from the list of permitted uses the following: A. 93 . Liquor stores ( 592 ) and renumber remaining uses . Section 13 . That Section 19 . 40 . 530 of Title 19, entitled "Zoning" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by adding to the list of conditional uses the following: B. Conditional Uses Retail Trade Division 14 . Package liquor sales establishments (SR) ( 5921) and renumber remaining uses . Miscellaneous Uses Division 42 . Accessory package liquor sales establishment (SR) (UNCL) and renumber remaining uses . Section 14 . That Chapter 19 . 90 of Title 19, entitled "Zoning" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: 19 . 90 . 047 Alcoholic Liquor. "Alcoholic liquor" shall, in addition to its definition in the Liquor Control Act, include the following: Any beverage containing any alcoholic content, including those beverages commonly known as or marketed as "near beer, " "non alcoholic beer, " or "non alcoholic wine" . Section 15 . That Chapter 19 . 90 of Title 19 , entitled "Zoning" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by adding the following: 19 . 90 . 048 Alcoholic Liquor, Package Liquor Sales Establishment. A business having as its primary purpose the retail sales of "alcoholic liquors" in original package for consumption off premises . "Package liquor sales establishments" shall be subject to the following conditions : a. Distancing Requirements . A "package liquor sales establishment" shall not be located less than 100 feet from any church; school, other than an institution of higher learning; hospital; home for aged persons, indigent persons, or veterans; or any military or naval station. rak b. Dispersion. A "package liquor sales establishment" shall not be located less than 100 feet from another "package liquor sales establishment" , nor less than 100 feet from an "accessory package liquor sales establishment" . c . Measurement. The distance limitations in subsections (a) and (b) shall be measured in a straight line from the nearest point on the nearest lot line of the "package liquor sales establishment" to the nearest point on the nearest exterior structural wall of any area of a church which is used for worship services or educational programs . In all other cases, the distance of 100 feet shall be measured from the nearest point on the nearest lot line of the "package liquor sales establishment" to the nearest point on the nearest lot line of a school, other than an institution of higher learning; hospital; home for aged persons, indigent persons, or veterans; or any military or naval station. d. Off street parking. No "package liquor sales establishment" shall be located on a "zoning lot" in the CC1 Center City District nor in the CC2 Center City District unless the minimum number of parking spaces are provided on said "zoning lot" as required under Section 19 .45 . 080 of this code, as amended, or unless the zoning lot is located within 250 feet of a municipal off street parking facility. Section 16 . That Chapter 19 . 90 of Title 19, entitled "Zoning" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: 19 . 90 . 049 Alcoholic Liquor, Accessory Package Liquor Sales Establishment. A business having as a subordinate purpose the retail sales of "alcoholic liquors" in original package for consumption off premises . "Accessory package liquor sales establishments" shall be subject to the following conditions : a. Distancing Requirements . An "accessory package liquor sales establishment" shall not be located less than 100 feet from any church; school, other than an institution of higher learning; hospital; home for aged persons, indigent persons, or veterans; or any military or naval station. b. Dispersion. An "accessory package liquor sales establishment" shall not be located less than 100 feet from another "accessory package liquor sales establishment" , nor less than 100 feet from a "package liquor sales establishment" . c. Measurement. The distance limitations in subsections (a) and (b) shall be measured in a straight line from the nearest point on the nearest lot line of the "package liquor sales establishment" to the nearest point on the nearest exterior structural wall of any area of a church which is used for worship services or educational programs . In all other cases, the distance of 100 feet shall be measured from the nearest point on the nearest lot line of the "package liquor sales r establishment" to the nearest point on the nearest lot line of a school, other than an institution of higher learning; hospital; home for aged persons, indigent persons, or veterans; or any military or naval station. d. Off street parking. No "accessory package liquor sales establishment" shall be located on a "zoning lot" in the CC1 Center City District nor in the CC2 Center City District unless the minimum number of parking spaces are provided on said "zoning lot" as required under Section 19 . 45 . 080 of this code, as amended, or unless the zoning lot is located within 250 feet of a municipal off street parking facility. Section 17 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 18 . That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. Kevin Kelly,Kelly, May Presented: August 28, 1996 Passed: August 28, 1996 Omnibus Vote: Yeas 7 Nays 0 Recorded: August 29 , 1996 Published: August 29 , 1996 Attest: Dolonna Mecum, City Clerk