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HomeMy WebLinkAboutG9-07 Ordinance No. G9-07 AN ORDINANCE AMENDING TITLE 19, OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" WHEREAS, written application has been made to amend the Elgin Zoning Ordinance provisions pertaining to motor vehicle impoundment yards; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed amendment after due notice in manner provided by law; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendation that the requested amendment b granted; and WHEREAS, the City Council concurs in the findings and recommendation 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 19.90 entitled "Supplemental Regulations", of the Elgin rMunicipal Code, 1976, as amended, be and is hereby further amended by amending section 19.90.015 entitled "Motor Vehicle Impoundment Yard", to read as follows: "MOTOR VEHICLE IMPOUNDMENT YARD: A "commercial operations yard" [SR] which is utilized exclusively for the storage of "motor vehicles" [SR] towed as a result of accidents, unlawful parking on private property, repossessions or police orders. Motor vehicle impoundment yards shall be illuminated by artificial light from dusk to dawn; shall be completely enclosed with a minimum six foot (6') in "structure height" [SR] "solid fence" [SR] with a locking gate; shall be paved with asphalt or concrete and include a drainage system designed to prevent leaking automobile fluids from being absorbed into the ground or otherwise migrating from the surface of the motor vehicle impoundment yard; shall provide closed circuit video monitoring within the motor vehicle impoundment yard; and, shall be subject to the provisions of "Commercial Operations Yard" in this section. The granting of a conditional use for a motor vehicle impoundment yard shall be subject to the provisions of Chapter 19.65 of this Title and shall also include the imposition of specific conditions for the following factors based upon the location, configuration and proposed operation of the motor vehicle impoundment yard: (1) a limit on the number of vehicles that may be stored in the motor vehicle impoundment yard at any one time; (2) designated minimum vehicle spacing within the motor vehicle impoundment yard, including minimum designated clearance between the sides of vehicles and the front and rear of vehicles; (3) a .r limit on the number of days that a vehicle may remain in the motor vehicle impoundment yard, provided any such period does not to exceed of sixty (60) days, and provided vehicles subject to seizure or impoundment orders shall be exempt from any such limitation; (4) additional conditions related to the adequate screening of the motor vehicle impoundment yard given the sight characteristics of the motor vehicle impoundment yard and the land uses surrounding the motor vehicle impoundment yard." Section 2. Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section 3. That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. fti4=‘,/krCZ Ed Schock, Mayor Presented: February 14, 2007 Passed: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 15, 2007 Published: Attest: Dolonna Mecum, City Clerk de/ Jenn -r Quinty-, Deputy City Clerk r