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G15-76 • fr R Ordinance No. G15-76 AN ORDINANCE AMENDING THE PROVISIONS FOR THE ADMINISTRATION OF THE ELGIN ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 21-112 of Chapter 21 of the Elgin City Code, as amended, is hereby amended to read as follows: "21-112. ADMINISTRATION A. DUTIES OF THE LAND USE ADMINISTRATOR The Land Use Administrator of the City of Elgin shall enforce the provisions of this ordinance and in addition in furtherance of said authority shall: 1. Issue certificates of occupancy and compliance and make and maintain records of all certificates issued. 2. Cause inspections of buildings, structures, and uses of land to be made to determine compliance with the terms of this ordinance. 3. Maintain current and permanent records of the subject of this ordinance, including, but not limited to, maps, amendments, special uses, variations, non-conforming uses, appeals and applications. 4. Receive, file and forward copies of applications for amend- ments to this ordinance, special uses and variations, to the Planning and Land Use Commission or the Zoning and Subdivision Hearing Examiner, as may be appropriate. 5. Review and analyze all petitions received, assemble staff recommendation, and transmit such recommendations to the Planning and Land Use Commission or the Zoning and Subdivi- sion Hearing Examiner, as may be appropriate. 6. Receive recommendations concerning annexations, plats of sub- division, amendments to this ordinance, special uses, from the Planning and Land Use Commission and transmit same to the City Council. 7. Receive and file copies of all written requests for appeals and other matters relating to the administration and enforce- ment of the provisions of this ordinance. 8. To review and approve or disapprove proposed alterations in previously approved planned unit developments as provided in this ordinance. 9. To review and approve or disapprove proposed variations as provided in this ordinance. 10. To provide such technical assistance as may be required by the Planning and Land Use Commission or the Zoning and Sub- division Hearing Examiner in the exercise of their respective duties. B. ZONING AND SUBDIVISION HEARING EXAMINER 1. PURPOSE AND JURISDICTION a. To conduct hearings of applications for variations from the zoning and subdivision ordinance. b. To render decisions as authorized by this ordinance. c. To conduct reviews of any appeal of any order, require- ment, decision or determination made by the Land Use Administrator. 2. CREATION a. In order to realize the purposes described above, there is hereby created the position of Zoning and Subdivision Hearing Examiner. b. The Zoning and Subdivision Hearing Examiner shall be the Corporation Counsel or his designee. 3. DITTIES a. To receive applications and recommendations from the Department of Community Development regarding requests for variations from the provisions of the zoning and subdivision ordinance. b. To conduct public hearings and decide on applications for variations from the terms of the zoning and subdivi- sion ordinances. c. To conduct hearings on any order, requirement, decision or requirement of the Land Use Administrator which is appealed. d. To maintain permanent records of all public hearings conducted and to make written findings and order in all such matters. e. To prepare and submit an annual report on the activities of the Hearing Examiner to the Department of Community Development and to the Land Use Commission. C. AMENDMENTS 1. PURPOSE The purpose of this section is to provide a means for the orderly consideration of changes in the text of this ordinance or in the districts created by authority of this ordinance. 2. AUTHORITY The regulations imposed and the districts created under the authority of this ordinance may be amended from time to time by ordinance, but no such amendment shall be made unless a public hearing has been held by the appropriate committee and said committee has submitted its written findings and recommenda- tions to the City Council. No amendment which is not recommended to the City Council shall be made except upon a vote of 2/3 of the corporate authorities. 3. INITIATION OF APPLICATION Applications for amendments may be initiated by direction of the City Council, the Planning and Land Use Commission, the Department of Community Development, or by the owner of property described by the application, the contract purchaser of such property, the holder of an option to purchase said property, or by such persons that possess a substantial proprietary interest in the property being considered. The written consent of the owner, or his authorized representative, shall accompany all applications. No more than one application for reclassification, variation or special use for the same property shall be accepted during a twelve-month period unless it has been determined by the Zoning and Subdivision Hearing Examiner to be substantially changed from the application previously considered. 4. PROCESSING OF APPLICATIONS Applications for amendment shall be filed with the Department of Community Development. The Land Use Administrator shall review the application, publish notice of the public hearing, forward the application along with staff recommendations to the Planning and Land Use Committee. D. SPECIAL USES 1. PURPOSE The development and execution of the zoning ordinance is based upon the division of the city into districts, within any one of which the use of land, buildings, and the bulk and location of buildings or structures as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character and special and unusual impact upon the use and enjoyment of neighboring property, cannot be properly classified in any particular district or districts with- out consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use or the particular location. Such special uses fall into two categories: a. Uses operated by a public agency or publicly-regulated utilities or uses traditionally affected with a public interest. b. Uses entirely private in character but of such a nature that the operation may give rise to unique All problems with respect to their impact upon neighbor- ing property or public facilities. 2. AUTHORITY Special uses may be authorized by the City Council; provided that no application for a special use shall be acted upon by the City Council until after: a. A public hearing has been held after due notice by publication as provided by Statute, and b. A written report containing findings of facts and recommendations prepared by the Planning Committee and/or Land Use Committee is forwarded to the City Council. c. No special use not recommended to the City Council shall be granted except by a two-thirds vote of the corporate authorities. 3. APPLICATION FOR SPECIAL USE Application for special uses may be initiated at the direction of the City Council, Planning and Land Use Commission, the Department of Community Development, or by the owner of property All described by the application, the contract purchaser of such property, the holder of an option to purchase such property, or by such persons with a substantial proprietary interest in the property considered. The written consent of the owner, or his authorized representative, shall accompany all applications. No more than one application for special use for the same property shall be accepted during a twelve-month period unless it has been determined by the Zoning and Subdivision Hearing Examiner to be substantially changed from the application previously considered. 4. PROCESSING OF APPLICATIONS The application for a special use shall be filed with the Depart- ment of Community Development. The Land Use Administrator shall review the application; publish notice of the public hearing dates as required; forward the application along with staff recommenda- tions to the Planning Committee and the Land Use Committee. 5. STANDARDS No special use shall be granted by the City Council unless the special use: a. Is deemed necessary for the public convenience at that All location, and b. Is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected, and A L CO Will not cause substantial injury to the value of other property in the neighborhood in which it is located. 6. CONDITIONS The Planning Committee and/or the Land Use Committee may recommend, and the City Council may require, such conditions and restrictions upon the design, construction, location, and operation of a special use, as may be deemed necessary to promote the general objectives of this ordinance and to promote the public health, safety and welfare. E. PLANNED UNIT DEVELOPMENT 1. PURPOSE The purpose of the planned unit development is to permit: a. A maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the other sections of this ordinance. b. Permanent preservation of common open space and recreation areas and facilities. elk c. A pattern of development to preserve natural vegetation, topographic and geologic features. d. A creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities. e. An efficient use of the land resulting in more economic net- works of utilities, streets, schools, public grounds and buildings, and other facilities. f. A land use which promotes the public health, safety, comfort, morals, and welfare. g. Innovations in residential, commercial and industrial develop- ment so that growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings. The planned unit development is intended to provide develop- ments incorporating a single type or a variety of related uses which are planned and developed as a unit. Such development may consist of conventionally subdivided lots or provide for development by a planned unit development plat in keeping with the purpose of the plan. 2. AUTHORITY Planned unit developments may be authorized as a special use by the City Council, provided that no application for a special use shall be acted upon by the City Council until after: - a. A public hearing has been held after due notice by publication as provided by Statute, and b. A written report containing findings and recommendations prepared by the Land Use Committee is forwarded to the City Council. c. No planned unit development which is not recommended to the City Council shall be approved except upon a vote of two-thirds of the corporate authorities. 3. INITIATION OF APPLICATION Application for special use for a planned unit development may be initiated by direction of the City Council, Planning and Land Use Commission, the Department of Community Development, or by the owner of property described by the application, the contract purchaser of such property, the option holder, or by such persons with a substantial proprietary interest in the property considered. The written consent of the owner, or his authorized representative, shall accompany all applications. A planned unit development shall be granted as a special use in accordance with the purpose and standards of this ordinance, and may depart from the normal procedures, standards, and other require- ments of the other sections of this ordinance. Applications shall be made on forms provided by the City and shall be accompanied by the required plans and documents. No more than one application for a special use for a planned unit development for the same property shall be accepted during a twelve-month period unless it has been determined by the Zoning and Subdivision Hearing Examiner to be substantially changed from the application previously considered. 4. PROCESSING OF APPLICATIONS The application for a planned unit development shall be filed with the Department of Community Development. The Land Use Administrator shall review the application; publish notice of the public hearing dates as required; forward the application along with the staff recommendations to the Planning Committee or Land Use Committee or both as required. 5. STANDARDS The planned unit development must meet the following standards: a. Ownership and Size - The site of the planned unit development must be under single ownership and/or unified control. b. Compatibility - The uses permitted in a planned unit develop- ment must be of a type and so located as to exercise no undue detrimental influence upon surrounding properties, and shall be compatible each with the other within said site. 4 c. Parking Requirements - Unless otherwise determined and approved as an element of the planned unit development proposal, the development shall adhere to the parking requirements provided for in other sections of this ordinance for the particular use or uses proposed. d. Traffic - That adequate provision be made to provide inggr ssessand egress so designed as to minimize traffic conges- tion on the public streets. e. General Design - The planned unit development shall not be designed as to be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 6. CONDITIONS The Land Use Committee may recommend, and the City Council may require, such conditions and restrictions upon the design, con- struction, location, and operation of a planned unit development, as may be deemed necessary to promote the general objective of this ordinance and to promote the public health, safety, and welfare. The Land Use Committee shall recommend to the City Council the denial or approval of the proposed planned unit development and shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth with particularity what respects the proposal would or would not be in the public interest including, but not limited to, findings of fact on the following: a. In what respects the proposed plan is or is not consistent with the stated purpose of the planned unit development regulations. b. The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations. c. The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to the density, dimension, area, bulk, and use, and the reasons why such departures are or are not deemed to be in the public interest. d. The physical design of the proposed plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated common open space, and further the amenities of light and air, recreation and visual enjoyment. e. The relationship and compatibility, beneficial or adverse, of the proposed plan to the adjacent properties and neighbor- hood. • f. The desirability of the proposed plan to physical development, tax base and economic wellbeing of the entire community. All g. The conformity with the recommendations of the Com- prehensive Plan. F. VARIATIONS 1. PURPOSE To provide a means of varying the provisions of this ordinance in harmony with its general purpose and intent, based upon the standards hereinafter prescribed that there are practical difficulties or particular hardships in the manner required by the regulations of this ordinance. Such variations shall be granted only in the specific instances hereinafter set forth. 2. AUTHORITY Variations from the regulations of this ordinance may be decided by the Zoning and Subdivision Hearing Examiner or the Land Use Admin- istrator as specified only in instances permitted herein. 3. INITIATION OF APPLICATION Applications for variations may be initiated by direction of the City Council, Planning and Land Use Commission, the Department of Community Development, or by the owner of property described by the application, the contract purchaser of such property, the holder of an option to purchase the property, or by such persons with a sub- stantial proprietary interest in the property being considered. The written consent of the owner, or his authorized representative, shall accompany all applications. No more than one application for a.specia ;,variation for the same property shall be accepted during a twelve-month period unless it has been determined by the Zoning and Subdivision Hearing Examiner to be substantially changed from the application previously considered. 4. STANDARDS a. The Zoning and Subdivision Hearing Examiner shall not vary the provisions of this ordinance, as authorized in this Section, unless he shall have made findings based upon the evidence presented to him at a public hearing in each specific case: (1) that the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located; and (2) that the plight of the owner is due to unique circum- stances; and (3) that the variation, if granted, will not alter the essential character of the locality. b. For the purpose of supplementing the above standards, the Hearing Examiner shall also, in making this determination, decide whether there are practical difficulties or particular hardship, take into consideration the extent to which the following facts, favorable to the applicant, have been esta- blished by the evidence: (1) that the particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out; (2) that the conditions upon which the petition for varia- tion is based, would not be applicable generally to other property within the same zoning classification; (3) that the purpose of the variation is not based exclusively upon a desire to make a greater economic return from the property; (4) that the alleged difficulty or hardship has not been created by any person presently having an interest in the property; (5) that the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements to the neighborhood in which the property is located; (6) that the proposed variation will not impair an adequate supply of light and air to adjacent property, or sub- stantially increase the danger of fire or otherwise en- danger public safety, or substantially diminish or impair property values within the neighborhood. c. The Hearing Examiner may require such conditions and restric- tions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this Section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this ordinance. 5. AUTHORIZED VARIATIONS Variations from the regulations of this ordinance may be decided by the Zoning and Subdivision Hearing Examiner, or in certain instances, by the Land Use Administrator, only in accordance with the standards set forth in this Section and only in the following instances and no others: a. Variations that may be granted by the Land Use Administrator without a public hearing: t . (1) to permit the reduction of a required yard by one (1) foot or less; (2) to permit the extension of a building line of a struc- ture that conformed to previous regulations at the time of its construction; (3) to permit changes in parking requirements as provided in 21-110 B of this ordinance; (4) to permit the same off-street parking spaces to qualify as required spaces for two or more uses; provided that the use Of such facility by each user does not take place during the same hours or on the same days of the week. However no such variation shall be granted unless the Land Use Administrator shall find: (1) that the purpose of the variation is not based exclusively upon a desire to make a greater economic return from the property; (2) that the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements to the neighborhood in which the property is located; (3) that the proposed variation will not impair an adequate supply of light and air to adjacent property, or sub- stantially increase the danger of fire or otherwise endanger public safety, or substantially diminish or impair property values within the neighborhood. b. Variations that may be granted by the Zoning and Subdivision Hearing Examiner: (1) t10permit the reduction of a required yard exceeding ten (10) feet by up to twenty percent (20%) ; or (2) to permit the reduction of a required yard of less than ten (10) feet by not more than fifty percent (50%). (3) To permit an existing non-conforming use to be changed to another non-conforming use in the same or a higher classifi- cation. (4) To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event shall the area of the lot be less than ninety percent (90%) of the required lot area. (5) To permit the reduction of applicable off-street parking or loading required by not more than twenty percent (20%) . r G. APPEALS 1. An appeal of a decision by the Land Use Administrator may be taken to the Zoning and Subdivision Hearing Examiner regarding the Administrator's interpretation of this ordinance. 2. An appeal of a decision of the Zoning and Subdivision Hearing Examiner may be taken to the Land Use Committee for review. H. FEES Any application filed by or on behalf of a petitioner, shall be accompanied by the following fees: Variations: $ 25.00 Amendments or Special Uses: For property less than ten (10) acres in area $100.00 For property ten (10) acres but less than 100 acres in area $250.00 For property 100 acres or more $500.00 In addition to the above fees, each applicant shall pay for the costs of providing for an accurate verbatim account of the public hearing pertain- ing to his application. A deposit of $100.00 ($50.00 in the case of variations) shall be made at the time of application to cover the direct costs of recording and transcription of the public hearing. If these costs are less than the deposit, the remainder will be refunded to the applicant. If the cost exceeds the deposit, the additional amount shall be paid in full prior to consideration of the application by the City Council, or in the case of variations, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the City of Elgin. I. VIOLATION, PENALTY, ENFORCEMENT Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance shall, upon conviction, be fined not less than $25.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate offense." Section 2. That this ordinance shall be..effective from and after,April 1, 1976 and shall be published in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: March 10, 1976 Passed: March 10, 1976 Vote: Yeas 6 Nays 0 Recorded: March 10, 1976 Published: March 10, 1976 Attest: s/ Marie Yearman Marie Yearman, City Clerk