HomeMy WebLinkAboutG74-06 Ordinance No. G74-06
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT
(1470 McCornack Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory to a PNB
Planned Neighborhood Business District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed 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 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PNB
Planned Neighborhood Business District, the following described property:
"The boundaries herein before laid out in the `Zoning District Map', as amended,
be and are hereby altered by including in the PNB Planned Neighborhood
Business District, the following described:"
That part of the East Half of Section 34, Township 42 North, Range 7 East
of the Third Principal Meridian, described as follows: Commencing at the
Northwest corner of the Southwest Quarter of the Northeast Quarter of said
Section 34; thence North 89 degrees 11 minutes 15 seconds East along the North
line of the Southwest Quarter of said Northeast Quarter, 1044.0 feet; thence South
05 degrees 15 minutes 28 seconds West 1325.81 feet measured (1327.18 feet
Deed) to a point on the South line of the Southwest Quarter of the Northeast
Quarter of said Section 34; thence continuing South 05 degrees 15 minutes 28
seconds West along the last described course a distance of 164.61 feet Deed
(166.86 feet measured); thence South 21 degrees 42 minutes 59 seconds West
863.11 feet to a point that is 166.46 feet Northeasterly of the centerline of
Highland Avenue as measured along the last described line for the point of
beginning (the last described line hereinafter known as Line "A"); thence South
69 degrees 39 minutes 14 seconds East 295.11 feet; thence South 23 degrees 30
minutes 22 seconds West 78.38 feet; thence South 66 degrees 29 minutes 38
seconds East 433.0 feet to the centerline of McCornack Road; thence South 23
•• degrees 30 minutes 22 seconds West along said centerline 599.45 feet to the
intersection of said centerline with the centerline of Highland Avenue; thence
North 32 degrees 04 minutes 03 seconds West along said centerline 875.87 feet to
aforesaid Line "A" extended Southwesterly; thence North 21 degrees 42 minutes
59 seconds East along said extended line 166.46 feet to the point of beginning,
containing 6.3135 Acres, in Rutland Township, Kane County, Illinois.
Section 2. That the City Council of the City of Elgin hereby grants the PNB Planned
Neighborhood Business District which shall be designed, developed, and operated subject to the
following provisions:
A. Purpose and Intent. The purpose and intent of this PNB zoning district is to
provide a planned environment for various types of neighborhood business
facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the
Elgin Municipal Code, 1976, as amended. In general, Neighborhood Business
Districts provide for commercial areas supplying daily convenience commodities
and services to a neighborhood population. The scale of development of an NB
Zoning District is limited by the applicable site design regulations due to its
function and resulting close proximity to residences.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol "[SR]", shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations
of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PNB zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended, and the provisions of
the Annexation Agreement.
D. Zoning Districts - Generally. In this PNB zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PNB zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PNB zoning district exclusive of rights-of-way,
but including adjoining land or land directly opposite a right of way shall not be
less than two acres.
F. Land Use. In this PNB zoning district, the use of land and structures shall be in
accordance with the subject to the provisions of Chapter 19.10, Land Use of the
Elgin Municipal Code, 1976, as amended. The following enumerated "land uses"
[SR] shall be the only land uses allowed as a "permitted use" [SR] in this PNB
zoning district:
Permitted Uses. The following enumerated land uses shall be the only land uses
allowed as a permitted use in this PNB Neighborhood Business District:
Residences Division:
1. "Upper floor apartment dwellings" [SR] (UNCL).
Municipal Services Division:
2. Public parks, recreation, open space (UNCL) on a "zoning lot" [SR]
containing less than two (2) acres of land.
Offices Division:
3. "Offices" [SR] (UNCL).
Finance, Insurance, and Real Estate Division:
4. "Development sales offices" [SR] (UNCL).
5. Finance, insurance, and real estate (H).
Services Division:
6. Advertising (731).
7. Automotive renting and leasing without drivers (751).
8. Barbershops (724).
9. Beauty shops (723).
10. "Bed and breakfast inns" [SR] (7011).
11. Carpet and upholstery cleaning agents without plants on the premises
(7217).
12. Coin-operated laundries and dry cleaning (7215).
13. Commercial, economic, sociological and educational research (8732).
14. Commercial, physical, and biological research(8731).
15. Computer programming, data processing and other computer-related
services (737).
16. Computer rental and leasing(7377).
17. Consumer credit reporting agencies, mercantile reporting agencies, and
adjustment and collection agencies (732).
18. Dance studios and schools (791).
19. Detective and guard services (7381).
20. Electrical and electronic repair shops (7629).
21. Engineering, accounting, research, management and related services (87).
22. Funeral service (726).
23. Garment pressing, and agents for laundries and dry cleaners (7212).
24. Home health care services (808).
25. Laundry collecting and distributing outlets (7211).
26. Legal services (811).
27. Libraries (823).
28. Mailing, reproduction, commercial art and photography, and stenographic
services (733).
29. Management and public relations services (874).
30. Medical and dental laboratories (807).
r 31. Membership organizations (86).
32. Membership sports and recreation clubs (7997).
33. Miscellaneous personal services not elsewhere classified (7299).
34. News syndicates (7383).
35. Noncommercial research organizations (8733).
36. Offices and clinics of dentists (802).
37. Offices and clinics of doctors of medicine (801).
38. Offices and clinics of doctors of osteopathy(803).
39. Offices and clinics of other health practitioners (804).
40. Other schools and educational services (829).
41. Personnel supply services (736).
42. Photofinishing laboratories (7384).
43. Photographic studios, portrait(722).
44. Physical fitness facilities (7991).
45. Professional sports operators and promoters (7941).
46. Radio and television repair shops (7622).
47. Refrigerator and air-conditioning service and repair (7623).
48. Reupholstery and furniture repair(764).
49. Security systems services (7382).
50. Shoe repair shops and shoeshine parlors (725).
51. Tax return preparation services (7291).
52. Videotape rental (784).
53. Vocation schools (824).
54. Watch, clock and jewelry repair(763).
rhh Retail Trade Division:
55. Apparel and accessory stores (56).
56. Building materials, hardware and garden supply(52).
57. Carryout restaurants (5812).
58. Catalog and mail-order houses (5961).
59. Direct selling establishments (5963).
60. Drugstores and proprietary stores (591).
61. Eating places (5812).
62. Florists (5992).
63. Food stores (54).
64. General merchandise stores (53).
65. Home furniture, furnishings and equipment stores (57).
66. Miscellaneous retail stores not elsewhere classified(5999).
67. Miscellaneous shopping goods stores (594).
68. News dealers (5994).
69. Optical goods stores (5995).
70. Tobacco stores (5993).
71. Used merchandise stores (593).
Agricultural Division:
72. 72. Farm labor and management services (076).
73. Greenhouses for floral products, exclusively "accessory" [SR] to a use
allowed in the zoning district (0181).
74. Landscape counseling and planning (0781).
Construction Division:
75. "Contractor's office and equipment areas" [SR] (UNCL).
Manufacturing Division:
76. Commercial printing occupying less than five thousand (5,000) square feet
of gross floor area(2752).
Transportation, Communication And Utilities Division:
77. "Amateur radio antennas" [SR] (UNCL).
78. Arrangement of passenger transportation (472).
79. Arrangement of transportation of freight and cargo (473).
80. Branch United States post offices (4311).
81. Bus charter service operators' offices (414).
82. Cable and other pay television services (484).
83. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
84. Communication services not elsewhere classified (489).
85. Intercity and rural bus transportation operators' offices (413).
86. Local and suburban passenger transportation operators' offices (411).
87. "Radio and television antennas" [SR] (UNCL).
88. Radio and television broadcasting stations (483).
89. Railroad operators' offices (401).
90. "Satellite dish antennas" [SR] (UNCL).
91. School bus operators' offices (415).
92. Taxicab operators'offices (412).
elk 93. Telegraph and other message communications (482).
94. Telephone communications (481).
95. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division:
96. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the
NB Neighborhood Business District, subject to the provisions of Section
19.12.500 of this Title.
97. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the NB
Neighborhood Business District, subject to the provisions of Section
19.10.400 of this Title.
98. "Fences and walls" [SR] (UNCL).
99. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in the NB Neighborhood Business District, subject
to the provisions of Chapter 19.47 of this Title.
100. "Outdoor display areas" [SR] (UNCL).
101. "Parking lots" [SR] (UNCL), exclusively as an "accessory use" [SR] to a
permitted use allowed in the NB Neighborhood Business District, subject
to the provisions of Chapter 19.45 of this Title.
102. "Refuse collection area" [SR].
103. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this
Title.
104. "Temporary uses" [SR] (UNCL).
105. Woodworking / cabinet shop in the existing metal poll barn building
depicted on the Site Plan dated June 23, 2004 prepared by Alan J.
Coulson, P.C. near the south west corner of the Subject Property (the
"Existing Metal Building"). While the Existing Metal Building is owned
(directly or beneficially) by the same party who owns the existing single
family residence on the parcel of land immediately north of and
contiguous to this PNB District (the "Existing Residence"), the required
water supply and bathroom facilities for the Existing Metal Building may
be satisfied by the bathroom(s) in the Existing Residence.
Before any of the foregoing "permitted uses" shall be established on the Subject
Property (other than (i) permitted use number 105 above or (ii) another permitted
use (A) situated in the Existing Metal Building (B) and established by the same
party who owns the Existing Residence, a development plan showing compliance
with the City's codes and ordinances shall first be required to be approved as an
amendment to this PNB ordinance.
Conditional Uses: The following enumerated land uses shall be the only land
uses allowed as a conditional use in the NB Neighborhood Business District:
Municipal Services Division:
1. "Municipal facilities" [SR] on a zoning lot [SR] containing less than two
(2) acres of land.
Public Administration Division:
2. Public administration (J) on a zoning lot containing less than two (2) acres
of land.
Finance, Insurance, And Real Estate Division:
3. Check-cashing agencies (6099).
Services Division:
4. Billiard parlors (7999).
5. Bingo parlors (7999).
6. "Car washes" [SR] (7542).
7. Child daycare services (835).
8. Coin-operated amusement establishments (7993).
9. Fortunetellers (7999).
10. Home child daycare services [SR] (8351).
11. Individual and family social services (832).
12. Job training and vocational rehabilitation services (833).
13. Massage parlors (7299).
14. "Motor vehicle repair shops" [SR] (753).
15. "Motor vehicle top, body, and upholstery repair, and paint shops" [SR]
(7532).
16. Pool parlors (7999).
17. Steam baths (7299).
18. Tattoo parlors (7299).
19. Turkish baths (7299).
Retail Trade Division:
20. Convenience food stores, operated on a twenty four (24) hour basis
(5411).
21. Drinking places (alcoholic beverages) (5813).
22. Drive-in restaurants (5812).
23. Firearms sales (5941).
24. Motor vehicle dealers (55).
25. "Motor vehicle service stations" [SR] (554).
26. "Outdoor eating and drinking facilities" [SR] (5813).
"Package liquor sales establishments" [SR] (5921).
Agricultural Division:
27. Dog grooming (0752).
28. Veterinary services for household pets (0742).
Mining Division:
29. "Temporary mining" [SR] (UNCL).
Transportation, Communication And Utilities Division:
30. "Conditional commercial antenna tower" [SR] (UNCL).
31. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
32. Courier services (4215).
33. "Other radio and television antennas" [SR] (UNCL).
34. "Other satellite dish antennas" [SR] (UNCL).
35. Pipelines, except natural gas (461).
36. Railroad tracks (401).
37. "Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division:
38. "Accessory package liquor sales establishment" [SR] (UNCL).
39. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
the NB Neighborhood Business District, subject to the provisions of
Section 19.12.500 of this Title.
40. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the NB
Neighborhood Business District, subject to the provisions of Section
19.10.400 of this Title.
41. "Drive-through facilities" [SR] (UNCL), subject to the provisions of
Chapter 19.45 of this Title.
42. "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of
this Title.
43. "Planned developments" [SR] (UNCL) on a zoning lot containing less
than two (2) acres of land, subject to the provisions of Chapter 19.60 of
this Title.
Similar Uses: The following enumerated land uses shall be subject to
classification as a permitted use or as a conditional use in the NB Neighborhood
Business District or in a less restrictive zoning district, pursuant to subsection
19.10.400H of this Title:
Services Division:
1. Amusement and recreational services, not elsewhere classified (7999).
2. Business services not elsewhere classified (7389).
3. Laundry and garment services not elsewhere classified(7219).
4. Miscellaneous health and allied services not elsewhere classified (809).
5. Miscellaneous personal services not elsewhere classified(7299).
6. Miscellaneous repair shops and related services (769).
7. Services not elsewhere classified(899).
8. Social services not elsewhere classified(839).
Transportation, Communication, And Utilities Division:
9. Transportation services not elsewhere classified (4789). (Ord. G37-98 § 1,
1999; Ord. G44-96 §§ 2, 3, 1996; Ord. G9-95 § 1, 1995; Ord. G23-94 § 3,
1994; Ord. G45-92 § 2, 1992)
G. Site Design. In this PNB zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance.
H. Off-street Parking. In this PNB zoning district, off street parking shall be
subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin
Municipal Code, 1976, as amended.
etak
Off-street Loading. In this PNB zoning district, off-street loading shall be
subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin
Municipal Code, 1976, as amended.
J. Signs. In this PNB zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PNB zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PNB
zoning district authorize such an application.
L. Planned Developments. In this PNB zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments of the Elgin Municipal Code, 1976, as amended. A
conditional use for a planned development may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PNB
zoning district and without necessitating that all other property owners in this
PNB zoning district authorize such an application.
M. Conditional Uses. In this PNB zoning district, the use and development of the
land and structures shall be subject to the provisions of Chapter 19.65 Conditional