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Home My WebLink AboutG33-07 CITY OF ELGIN ORDINANCE NO. G33-07 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED, "ZONING" PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 13th DAY OF JUNE 2007 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 14th day of June 2007. r STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE I, Jennifer Quinton, 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 June 13, 2007, the Corporate Authorities of such municipality passed and approved Ordinance No. G33-07, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G33-07, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on June 14, 2007, 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 June 14, 2007. �_... _... ■ unicipal Clerk (SEAL) Ordinance No. G33-07 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED, "ZONING" WHEREAS, the city has previously undertaken a comprehensive planning process that was first initiated in June 2001; and WHEREAS, as one part of the comprehensive planning process, the city's arterial road corridors were evaluated for the purposes of determining appropriate land uses, appearance and design goals, and objectives for the city's arterial road corridors; and WHEREAS, following the adoption of the comprehensive plan, new zoning regulations were prepared to reinforce the desired development character along the arterial road corridors, being codified at Section 19.15.500 of the Elgin Zoning Ordinance and entitled "ARC Arterial Road Corridor Overlay District," that section including by reference design guidelines entitled "Arterial Road Corridor Design Guidelines"; and WHEREAS, the "Arterial Road Corridor Design Guidelines" are intended to guide property owners, businesses, designers, the community and the city council in making decisions which will result in quality improvements and development along the city's arterial road corridors; and WHEREAS, the "ARC Arterial Road Corridor Overlay Districts" are intended to establish the desired development character along the arterial road corridors; and WHEREAS, the city has filed a petition seeking revisions to the land uses within "ARC Arterial Road Corridor Overlay District" and to the appearance and design goals established in the "Arterial Road Corridor Design Guidelines" in furtherance of its objectives for the city's arterial road corridors; and WHEREAS, the planning and development commission has conducted a public hearing after due notice and submitted its written findings and recommendations on the proposed amendments; and WHEREAS, the city council has considered the recommendations of the planning and development commission when determining its amendments to the land uses within "ARC Arterial Road Corridor Overlay District" and to the appearance and design goals established in the "Arterial Road Corridor Design Guidelines." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: r Section 1. That Section 19.15.520 entitled "Land Use," of the Elgin Municipal Code, 1976, as amended,be and is hereby further amended to read as follows: 19.15.520: LAND USE: In the ARC Arterial Road Corridor Overlay District, the only "land uses" [SR] allowed shall be the land uses allowed in the underlying zoning districts. Notwithstanding the foregoing, and notwithstanding any "land uses" [SR] allowed in the underlying zoning districts including, but not limited to, any underlying planned development zoning districts, the following "land uses" [SR] are prohibited in the ARC Arterial Road Corridor Overlay District: A. Finance, insurance, and real estate division Check cashing agencies (6099) B. Services Division Recreational vehicle parks and campsites (7033) "Emergency Shelters" [SR] (8322) C. Personal Services Division Power laundries (7211) D. Business Services Division Miscellaneous equipment rental and leasing(735) E. Motor Vehicle Services Division "Motor vehicle repair shops" [SR] (753) "Motor vehicle top, body and upholstery repair, and paint shops" [SR] (7532) Automotive services (7549), excepting automotive oil change and lubrication shops F. Repair Services Division Welding repair(7692) G. Amusement and Recreation Services Division Massage parlors (7299) Tatoo parlors (7299) Fortune tellers (7999) 2 H. Engineering, Accounting, Research, Management and Related Services Division Automotive proving and testing grounds (8734) I. Retail Trade Division Mobile home dealers (52) Motor vehicle dealers on a zoning lot [SR] containing less than four(4) acres (55) Auto supply stores (5531) Boat dealers (5551) Recreational vehicle dealers (5561) Automotive dealers, not elsewhere classified (5599) Pawn shops (5932) Firearm sales (5941) J. Mining Division "Temporary mining" [SR] (UNCL) K. Manufacturing Division Petroleum refining and related industries (29) L. Wholesale Trade Division Motor vehicles and motor vehicle parts and supplies (501) "Motor vehicle recycling facility" [SR] (5093) "Motor vehicle recycling yard" [SR] (5093) "Recycling center" [SR] (5093) "Recycling center yard " [SR] (5093) "Recycling collection center" [SR] (5093) M. Transportation, Communication and Utilities Division Trucking services (421) Public warehousing and storage (422) Special warehousing and storage not elsewhere classified (4226) Terminal maintenance for motor freight transportation (423) Freight forwarding in general (4731) Electric power generation (UNCL) Natural gas storage (4922) Refuse systems (4953) N. Miscellaneous Uses Division elk "Adult entertainment establishment" [SR] (UNCL) 3 "Commercial operations yard" [SR] (UNCL) "Motor vehicle and impoundment yard" [SR] (UNCL) "Outdoor display lots" [SR] (UNCL) on a zoning lot [SR] containing less than four(4) acres Section 2. That Section 19.15.525 entitled "Site Design and Building Elevations," of the Elgin Municipal Code, 1976, as amended,be and is hereby further amended to read as follows: 19.15.525: SITE DESIGN AND BUILDING ELEVATIONS: In the ARC Arterial Road Corridor Overlay District, the site design regulations shall be the same as the underlying zoning district. Any new buildings, building additions or any exterior building modifications resulting in a change in the architectural design of the exterior building elevations or a change in the building materials (excluding roof materials, windows and signs) which can be viewed from the public right of way shall be subject to the provisions of chapter 19.60, "Planned Developments", of this title, and shall be authorized only if approved by the city council as a planned development district or as a conditional use planned development. Development review shall be based on the site design standards in the underlying zoning district; the required documentation, standards, and procedures outlined in chapter 19.60, "Planned Developments", of this title; and the arterial road corridor design guidelines adopted by the city council by ordinance G36-01, as amended by ordinance G33-07. Section 3. That the attachment to ordinance G36-01 entitled "Arterial Road Corridor Design Guidelines," dated June 13, 2001, be and is hereby amended by adding a new section thereto entitled "Exterior Building Materials" at page 13 thereof to read as follows: EXTERIOR BUILDING MATERIALS: In the ARC Arterial Road Corridor Overlay District exterior building materials (excluding roof materials, windows and signs) for use on buildings within the Arterial Road Corridor Overlay District shall be limited to the following: 1. Traditional building materials such as brick, natural stone, natural stucco/plaster, terra cotta, tile and glass. 2. Composite building materials such as cultured stone, cast stone and precast concrete panels designed to look like brick or stone, or imprinted with architectural features such as lintels, windowsills and cornices. 3. Artificial building materials such as Exterior Insulation and finish Systems (EIFS, commonly referred to by its brand name "Dryvit") and Architectural Metal shall be restricted to use in design accent features such as cornices, soffits and fascia, window trim and hood molding, corner boards, sign bands, and quoins. Such materials shall not 4 be used in high traffic, or high abuse areas, so as to protect such materials from wear and tear and vandalism. Section 4. That Section 19.40.330 entitled "Land Use," of the Elgin Municipal Code, 1976, as amended, which provides for the listing of authorized uses in the GI General Industrial District, be further amended by amending paragraph B thereof entitled "Conditional Uses" by adding under subsection 3 "Services Division" the following: Emergency Shelters [SR] (8322) Section 5. That Section 19.90.015 entitled "Definitions and Regulations," be further amended by adding thereto a definition of"Emergency Shelter" to read as follows: "Emergency Shelter" means a short-term residential facility providing lodging and meals for no more than twelve (12) hours per day to homeless persons who provide positive identification pending attempts by such residents to find more permanent housing. Such shelters shall be adequately staffed during operating hours with minimal supportive services including mental health, housing, healthcare, recovery and education, and where no meals or other services are provided to non-residents of the shelter. "Emergency Shelter" shall not include any hotel or motel, hospital, nursing or personal care facility, single-family dwelling, two-family dwelling or multiple-family dwelling as those terms are described in this code. "Person" shall mean a person, operator, firm, partnership, elk corporation or other legal entity. Section 6. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the city council that this ordinance would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. Section 7. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 8. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Ed Schock, Mayor r 5 Presented: June 13, 2007 Passed: June 13, 2007 Vote: Yeas: 5 Nays: 2 Recorded: June 14, 2007 Published: June 14, 2007 Attest: r Je I• er Quin .n, Acting City Clerk r r 6