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HomeMy WebLinkAboutG13-14 Ordinance No. G13-14 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 regarding the manner in which temporary uses are regulated; and WHEREAS, the Planning and Zoning Commission has held a public hearing concerning the proposed amendments after due notice in manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions and Regulations" be and is hereby further amended by amending the definition of "Use, Temporary" and by adding a definition for "Use, Intermittent Temporary Vehicle" to read as follows: "USE, TEMPORARY: A "land use" [SR] which is established for a fixed period of time with the intent to discontinue such use on the expiration of the time period. A temporary use shall be subject to the following supplementary regulations: A. Land Uses Allowed: A temporary use shall be limited to those permitted uses and accessory uses allowed in the zoning district in which the temporary use is to be located, unless specifically authorized otherwise. B. Number And Duration: No more than four (4) temporary uses shall be conducted on the same "zoning lot" [SR] within a calendar year. No single temporary use shall be established or operate for more than thirty (30) consecutive days, and the total number of days for all temporary uses established or operating on the same "zoning lot" [SR] within a calendar year shall not exceed sixty (60) days. More than one (1) temporary use may be established or operate on the same zoning lot at the same time; however, for each temporary use, one (1) day of establishment or operation of each temporary use is counted against the maximum number of sixty (60) days allowed in a calendar year for all temporary uses on such lot. Except as provided for an "intermittent temporary use" [SR], or for an "intermittent temporary vehicle use" [SR], the days a temporary use permit shall authorize a temporary use to operate or otherwise be open or available to the general public shall be for a prescribed number of consecutive days. Each such time period shall constitute one (1) of the four (4) allowable temporary uses within a calendar year. C. Setbacks: A temporary use shall maintain a minimum fifteen foot (15') setback from all "street lot lines" [SR] and a minimum ten foot (10') setback from all "interior lot lines" [SR]. Temporary uses shall maintain a minimum one hundred foot (100') setback from all interior lot lines which adjoin any residence conservation district or residence district, where such temporary use is not located within such zoning districts. D. Operation: Temporary uses may be operated outdoors. No temporary use shall be operated in such a manner as to cause a public nuisance including, but not limited to, stormwater runoff onto adjoining property, soil erosion, unsafe vehicular access or on site vehicular circulation, or any other activity that jeopardizes the public health, safety or welfare. E. Permit Required: No temporary use shall be established or operate before the person or entity seeking to operate the temporary use has received a Temporary Use Permit therefor. Such permit shall state the absolute start and end dates of the temporary use and the days of operation between said dates. The owner or occupant of the principal use of the zoning lot on which the temporary use is proposed to be located, as well as the person seeking to operate the temporary use, shall be required to complete the application for any temporary use permit. F. Other Codes And Ordinances: A temporary use shall comply with all other codes and ordinances, except the provisions for the required number of parking spaces. "Intermittent temporary uses" [SR] and "intermittent temporary vehicle uses" [SR] are further and distinctly defined within this section 19.90.015 and subject to the supplemental regulations associated therewith. USE, INTERMITTENT TEMPORARY VEHICLE: A "temporary use" [SR] which is conducted by a non-for-profit corporation or association at which services are provided entirely within an enclosed motor vehicle no more than one (1) day per week, nor more than eight (8) hours during any day, and no more than fifty-two (52) days on the same "zoning lot" [SR] within a calendar year. An intermittent temporary vehicle use shall not be established to provide a mobile home dwelling [SR] or a dwelling [SR] of any type. An intermittent temporary vehicle use shall be limited to the providing of services only and shall not include the sale of any merchandise, goods, supplies, equipment or materials. An r intermittent temporary vehicle use is subject to the "temporary use" [SR] supplementary regulations, except: A. Such use shall only be located within a lawfully established off street parking facility [SR] in a manner that does not interfere with (i) ingress or egress to such off street parking facility or (ii) access lanes within such off street parking facility unless use of such access lanes is reasonably necessary to accommodate the requested intermittent temporary vehicle use and where public safety concerns are not materially compromised by the use of such access lanes as depicted in a site plan approved by the city as part of a temporary use permit; and B. No intermittent temporary vehicle use shall be established or operated on property located in a residence conservation zoning district or a residence zoning district, except for properties with off street parking facilities to serve a multi-unit residential building with at least 150 dwelling units; and C. The entire approved fixed period of time during which the intermittent temporary vehicle use is established or operates during a calendar year constitutes one single "temporary use" [SR] as envisioned and limited by the supplementary regulations for rikk "temporary use" [SR]; and D. No more than one (1) intermittent temporary vehicle use is allowed per"zoning lot" [SR] within a calendar year. E. Any permit fees otherwise required for a "temporary use" [SR] shall not be required for an intermittent temporary vehicle use so long as proof of the not-for-profit status of the corporation or association conducting the intermittent temporary vehicle use is filed with the city." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. /.dr //4��e/_'�-. , David J. K.fain, ayor elik Presented: February 26, 2014 rPassed: February 26, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: February 26, 2014 Published: February 27, 2014 Attest: le6(4,(A)t.t,/61 Kimberly Dewis, City Clerk r r