G12-85 (ow Ordinance No. G12-85
AN ORDINANCE
ADDING TO THE LIST OF PERMITTED USES IN THE
B-I COMMUNITY BUSINESS DISTRICT TO PERMIT TATTOO PARLORS
WHEREAS, written application has been made to amend the provisions of the
zoning ordinance so as to permit tattoo parlors as an additional permitted use in the B-I
Community Business District; and
WHEREAS, the Elgin Planning Committee held a public hearing concerning the
proposed amendment after due notice in the manner provided by law; and
WHEREAS, the Elgin Planning Committee 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 Land Use Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section I . That Section 19.28.020 of Chapter 19.28 of the Elgin Municipal Code,
1 976, as amended, be amended by adding the following:
"Tattoo Parlor."
Section 2. That this ordinance shall be in full force and effect from and after its
passage in the manner provided by law.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: January 28, 1985
Passed: January 28, 1985
Vote: Yeas 4 Nays 3
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
October 3, 1984
em6-
LAND USE REVIEW
PLANNING DEPARTMENT
CITY OF ELGIN
I. SUBJECT
Consideration of Petition 42-84 Requesting an Amendment to Chapter 19.28.020
by Adding "Tattoo Parlor"- to the B-1 Community Business District Permitted
Use List by Ramon A. Rodriquez.
II. GENERAL INFORMATION
A. Requested Action Zoning Ordinance Text Amendment
B. Petitioner Ramon A. Rodriquez
III. EXHIBIT
B-1 Community Business District Permitted Use List (see attached).
r IV. CONSIDERATIONS
A petition has been filed by Ramon A. Rodriquez and the Planning Department
that requests an amendment to the zoning ordinance to permit tattoo parlors
within the City of Elgin. The petitioners desire to add "Tattoo Parlor" to
the B-1 Community Business District permitted use list. It should be noted
that this petition does not involve any specific property, but concerns the
B-1 district and therefore all business districts in general .
Chapter 19.28
l B-1 COMMUNITY BUSINESS DISTRICT
Sections:
19.28.010 General conditions.
19.28.020 Permitted uses.
19.28.030 Special uses.
19.28.040 Floor area ratio.
19.28.050 Front yard.
19.28.060 Side yards.
19.28.080 Off-street loading.
19.28.090 Off-street parking.
19.28.010 General conditions.
Each business establishment is restricted to not more than twenty-five
thousand square feet of floor area, of which not more than twenty-five
percent may be used for processing and repair. (Prior code §
21-108(B)(1).)
19.28.020 Permitted uses.
In the B-1 district,permitted uses are as follows:
1. Antique shops;
2. Art and school supply stores;
3. Art galleries,private;
3.5 Automobile accessory' stores, but not including the assembly, repair,
service,installation,machining or manufacture of such articles;
4. Bakeries, including the sale of bakery products to branch stores under
the same ownership, restaurants, hotels, clubs, and other similar
establishments,when conducted as a part of the retail business on the
premises, except that processing may occupy more than twenty-five
percent of the floor area;
5. Banks and financial institutions;
6. Barbershops;
7. Beauty parlors;
8. Bicycle stores,sales,rental,and repair;
9. Book and stationery stores;
10. Candy and ice cream stores;
11. Camera and photographic supply stores;
12. Carpet and rug stores;
13. China and glassware stores;
14. Clothing pressing establishments;
IS. Clothing stores;
16. Clubs and lodges,private,fraternal,or religious;
17. Coin and philatelic stores;
18. Currency exchanges;
19. Custom dressmaking;
20. Department stores;
21. Drugstores;
22. Dry-cleaning establishments, retail, having not more than five
employees and not more than one dry-cleaning machine of not more
than thirty pounds capacity, provided operation conforms to the city
building code;
23. Dry goods stores;
24. Electrical and household appliance stores, including radio and
television sales;
25. Flower shops and conservatories;
a
26. Food stores, grocery stores,meat markets,bakeries,and delicatessens;
27. Furniture stores, including upholstery when conducted as part of the
retail operation and secondary to the principal use;
28. Furrier shops, including the incidental storage and conditioning of
furs;
29. Garden supply and seed stores;
30. Gift shops;
31. Haberdashery;
32. Hardware stores;
33. Hobby shops, for retailing of items to be assembled or used away
from premises;
34. Hotels, including dining and meeting rooms, and business uses
permitted in this district;
35. Interior decorating shops, upholstery and making of draperies, slip
covers, and other similar items, when conducted as part of the retail
operations and secondary to the principal use, may occupy up to
forty percent of the floor area;
36. Jewlery stores,including watch repair;
37. Laboratories,medical and dental,also research and testing;
38. Launderettes, automatic self-service type or hand, employing not
more than two persons in addition to one owner or manager,provided
that washing machines shall not exceed ten pounds capacity,each;
39. Leather goods and luggage stores;
40. libraries,branch;
41. Liquor stores, package, expressly subject, however,to the provisions
and requirements of Chapter 6.06;
42. Loan offices;
43. Locksmith shops;
44. Mail order service stores;
45. Marinas, meaning and describing establishments for the sale, rental,
repair, storage and servicing of boats, boating equipment,accessories
and supplies and products and services related thereto; including the
sale of gas and oil for marine use only, and also the sale of food and
nonintoxicating beverages in connection with operation thereof;
46. Medical clinics and dental clinics;
47. Meeting halls;
48. Millinery shops;
49. Musical instrument sales and repair;
50. Newspaper offices;
51. Offices,business,professional,and public;
52. Office supply stores;
53. Opticians and optometrists;
54. Paint and wallpaper stores;
55. Photography studios, including developing and printing of
photographs when conducted on the premises as a part of the retail
business;
56. Health centers;
57. Picture framing,when conducted on the premises for retail trade;
58. Post offices;
59. Radio and television broadcasting studios;
60. Restaurants where no dancing or entertainment other than music is
e.. provided;
61. Restricted production and repair limited to the following: art
needlework, clothing, custom manufacturing, and alterations, for
retail only,of jewlery from precious metals,and watches;
62. Schools,music,dance,or business;
63. Sewing machine ales and service,household machines only;
64. Shoe and hat repair stores;
65. Shoe stores;
67. Sporting goods stores;
68. Tailor shops;
69. Tobacco shops;
70. Telegraph offices;
71. Temporary buildings for construction purposes, for a period not to
exceed the duration of such construction;
72. Toy shops;
73. Variety stores;
74. Wearing apparel shops;
75. Wholesale establishments with storage of merchandise limited to
samples;
76. Accessory uses to the above permitted uses.
(Ord. G48-83 § 1, 1983; Ord. G41-76 § 3(4), 1976; Ord. G-1574 § 4,
1973;prior code § 21-108(B)(2).)
a
October 10, 1984
LAND USE REVIEW
PLANNING DEPARTMENT
CITY OF ELGIN
I. SUBJECT
Consideration of Petition 43-84 Requesting an Amendment to Chapter 19.28.030
by Adding "Garage for the Sole and Exclusive Purpose of Restoring and
Reconstructing Antique Automobiles, Being Automobiles of at Least 20 Years of
Age and/or Similar Foreign Collectible Cars, With No Outside Storage of
Automobiles Permitted" to the B-1 Community Business District Special Use List
by Attorney Lyle C. Brown.
II. GENERAL INFORMATION
A. Requested Action Zoning Ordinance Text Amendment
B. Petitioner Attorney Lyle C. Brown
III. EXHIBITIS
A. B-1 Community Business District Special Use List (see attached) .
B. Petitioner's Letter, dated September 25, 1984 (see attached).
IV. CONSIDERATIONS
A petition has been filed by Attorney Lyle C. Brown and the Planning Department
that requests an amendment to the zoning ordinance to permit the restoration
and reconstruction of antique automobiles and similar foreign collectible cars
as a special use in the B-1 district. The petitioners desire to add "Garage
for the sole and exclusive purpose of restoring and reconstructing antique
automobiles, being automobiles of at least 20 years of age and/or similar
foreign collectible cars, with no outside storage of automobiles permitted" to
the B-i Community Business District special use list. It should be noted that
this petition does not involve any specific property, but concerns the B-1
district and therefore all business districts in general .
19.28 11-1 Community Business District
19.28.030 Special uses.
In the B1 district,special uses are as follows:
I. Art galleries and museums,public;
2. Churches;
3. Schools, commercial or trade, including those teaching music, dance,
business, commercial, or technical subjects, when not thereby
involving increased danger of fire and explosion; nor of noise,
vibration, smoke, dust, odor, glare, heat, and other objectionable
influences;
4. Convents, monasteries, theological schools, rectories, and parish
houses;
5. Parking lots and storage garages, for passenger vehicles and trucks of
not more than one and one-half-ton load capacity;
6. Planned development on a tract of land not less than five acres;
7. Public utility and public service uses,including:
a. Electric substations and distribution centers,
b. Fire stations,
c. Gas regulators,
d. Police stations,
e. Railroad rights-of-way,
f. Telephone exchanges, microwave relay towers, and telephone
transmission equipment buildings,
g. Transit and transportation facilities, including shelters,terminals,
parking areas,and service buildings,
h. Water filtration plants, pumping stations, reservoirs, and sewage
treatment plants,
i. Other similar uses;
8. Radio and television towers;
9. Recreation buildings and community centers;
10. Freestanding commercial structures within parking and open areas in
shopping center complexes;
11. Airports;
13. Other business uses similar to permitted uses in this district, but
excluding uses permitted only in the B2,B3 or B4 districts;
14. Temporary mining of topsoil,earth,clay,gravel,peat,sand,and stone
when such a mining operation is performed in conjunction with site
preparation for public or commercial developments. Special use
approval is contingent upon receipt of acceptable, detailed operation
and reclamation plans.These plans are to include the following:
a. The operational plan is to include a site plan, the location of
buildings and processing equipment,the location of access roads,
fencing and screening provisions, environmental impact control
measures, written explanation of the proposed special use, and
other information as required by the department of community
development of the city.
b. The reclamation plan is to include a site plan, a development
phasing schedule,written explanation of the proposed special use,
and other information as required by the department of com-
munity development of the city;
15. Landfills are specifically for the purpose of lime residue storage.
Special use approval is contingent upon receipt of acceptable,detailed
operation and reclamation plans. These plans are to include the
following:
a. The operation plan is to include a site plan showing the location
of buildings and processing equipment, the location of access
roads and fencing and screening provisions;environmental im-
pact control measures;written explanation and other information
as required by the city; all required permits from appropriate
•
agencies whether federal,state or local;and
b. The reclamation plan is to include a site plan, a development
phasing schedule, written explanation and other information as Exhibit A
required by the city;
16. Day care centers.
LAW OFFICES OF
er- GEISTER, SCHNELL, RICHARDS & BROWN
THEODORE N.SCHNELL.JR. CHARTERED
VAN R.RICHARDS,JR. 33 NORTH GENEVA STREET • P.O.9OX 887
LYLE C.BROWN ELGIN,ILLINOIS 60120
NORBERT C.RITT
BRADLEY T.FREEMAN TELEPHONE (3121 695-4560
RAYMOND F.DALTON,JR. ADDRESS CORRESPONDENCE TO.
EDWARD A.GEISTER September 25 , 1984 P.O.BOX 867
1890-1980 ELGIN,ILLINOIS 6 012 1-01387
Mr. Gerald T. Deering
Senior Planner
City of Elgin
150 Dexter Court
Elgin, IL 60120
Dear Jerry:
Please take this letter as my request on behalf of Edwin
G. Haas , that the Elgin Plan Commission consider an addition
to Section 19 .28.030 of the Elgin Zoning Ordinances whereby
a special use in the B-1 District would be allowed as follows :
Garage for the sole and exclusive purpose
of restoring and reconstructing antique
automobiles , being automobiles of at least
20 years of age and/or similar foreign
collectible cars , with no outside storage
of automobiles permitted.
Our check payable to the City of Elgin in the amount of
$200.00 is enclosed and it is our hope that this matter
can go before the Plan Commission at its regular scheduled
meeting on October 17, 1984.
It is our further understanding that this change, as
approved, would ultimately amount to an amendment in
the City Zoning Code and would ultimately have to proceed
before the Council.
It is obviously our intention that the purpose of this
special use is to avoid some of the concerns which neighbors
and/or Council members may have had relative to the rezoning
of Mr. Haas' Dundee Avenue property but it is obvious that
the present Zoning Code did not anticipate the contemplated
operations by specific categories .
Thank you for your cooperation in this matter.
Verytruly y ,
001.. LYL C. BROWN
LCB/df
Exhibit B
November 20, 1984
FINDINGS OF FACT
PLANNING COMMITTEE
PLANNING AND LAND USE COMMISSION
CITY OF ELGIN
I. SUBJECT
Consideration of Petition 42-84 Requesting an Amendment to Chapter 19.28.020
by Adding "Tattoo Parlor" to the B-1 Community Business District Permitted
Use List by Ramon A. Rodriquez.
II. CONSIDERATIONS
A petition has been filed by Ramon A. Rodriquez and the Planning Department
that requests an amendment to the zoning ordinance to permit tattoo parlors
within the City of Elgin. The petitioner desires to add "Tattoo Parlor" to
the B-1 Community Business District permitted use list. It should be noted
that this petition does not involve any specific property, but concerns the
B-1 district and therefore all business districts in general.
III. FINDINGS AND RECOMMENDATION
After due notice, as required by law, the Planning Committee held a public
hearing on the proposed zoning ordinance text amendment on October 17, 1984.
The petitioner appeared at the hearing and presented documentary evidence.
Objectors appeared at the hearing, but no written objection has been filed
to the proposed zoning ordinance text amendment.
A majority of the Planning Committee has made the following findings with
respect to the requested zoning ordinance text amendment:
A. The zoning ordinance is based on the division of the city into
districts. Within each district the use of land and buildings
is essentially uniform. In order to provide for the location of
certain uses deemed acceptable within a given district, but which
might have an adverse effect on nearby properties or on the
character and future development of the given district in which
they are proposed to be located, a classification of special uses
has been established. Because of their unique character and un-
usual impact on the use and enjoyment of neighboring property,
special uses cannot be located in any particular district without
individual consideration.
(Continued)
e
Findings of Fact
Petition 42-84
November 20, 1984
Page Two
FINDINGS AND RECOMMENDATION (Cont'd)
B. "Tattoo Parlors" provide a service to the community and can be
operated in a manner which is consistent with the general re-
quirements for all business districts. However, because of the
unique character and special and unusual impact on the use and
enjoyment of neighboring properties, tattoo parlors should not
be included as a permitted use in the B-1 district. The pro-
posed use should be considered, on a case by case basis, as a
special use.
Accordingly, on a motion to recommend approval of Petition 42-84, the vote
was one (1) yes and five (5) no.
Therefore, the Planning Committee recommends the denial of Petition 42-84.
After a motion to reconsider the petition passed, a motion was made to
recommend the addition of "Tattoo Parlor" to the list of special uses in
the B-3 Service Business District. The vote was three (3) yes and three (3)
no.
Therefore, the motion was denied.
After a motion to again reconsider the petition passed, a motion was made to
recommend the addition of "Tattoo Parlor" to the list of special uses in the
B-1 Community Business District. The vote was three (3) yes and three (3) no.
Therefore, the motion was denied.
Renard I. Jackson, Chairman
Planning Committee
Planning and Land Use Commission
Jerold 'T. -Deering, Secretary
Planning Committee
, * Planning and Land Use Commission
F
November 20, 1984
FINDINGS OF FACT
PLANNING COMMITTEE
PLANNING AND LAND USE COMMISSION
CITY OF ELGIN
I. SUBJECT
Consideration of Petition 43-84 Requesting an Amendment to Chapter 19.28.030
by Adding "Garage for the Sole and Exclusive Purpose of Restoring and
Reconstructing Antique Automobiles, Being Automobiles of at Least 20 Years of
Age and/or Similar Foreign Collectible Cars, With No Outside Storage of
Automobiles Permitted" to the B-1 Community Business District Special Use List
by Attorney Lyle C. Brown.
II. CONSIDERATIONS
A petition has been filed by Attorney Lyle C. Brown and the Planning Department
that requests an amendment to the zoning ordinance to permit the restoration
and reconstruction of antique automobiles and similar foreign collectible cars
as a special use in the B-1 district. The petitioner desires to add "Garage
for the sole and exclusive purpose of restoring and reconstructing antique
automobiles, being automobiles of at least 20 years of age and/or similar
foreign collectible cars, with no outside storage of automobiles permitted" to
the B-1 Community Business District special use list. It should be noted that
this petition does not involve any specific property, but concerns the B-1
district and therefore all business districts in general .
III. FINDINGS AND RECOMMENDATION
After due notice, as required by law, the Planning Committee held a public hear-
ing on the proposed zoning ordinance text amendment on October 17, 1984. The
petitioner appeared at the hearing and presented documentary evidence. No
objectors appeared and no written objection has been filed to the proposed
zoning ordinance text amendment.
A majority of the Planning Committee has made the following findings with respect
to the requested zoning ordinance text amendment:
A. The zoning ordinance is based on the division of the city into districts.
Within each district the use of land and buildings is essentially uni-
form. The "special use" feature of the zoning ordinance provides for
the location of certain uses which are deemed acceptable within a certain
district, but which might have an adverse effect on nearby properties or
on the character and future development of the given district. Because
of their unique character and unusual impact on the use and enjoyment of
neighboring property, special uses cannot be properly located in any
particular district without individual consideration.
(Continued)
Findings of Fact
Petition 43-84
November 20, 1984
Page Two
FINDINGS AND RECOMMENDATION (Cont'd)
B. The proposed use, being restricted to the restoring and reconstructing
of antique automobiles and/or similar foreign collectible cars with no
outside storage of automobiles permitted, is consistent with the general
requirements of all business districts. However, because of the unique
character and special and unusual impact on the use and enjoyment of
neighboring properties, the proposed use should be considered, on a case
by case basis, as a special use.
Accordingly, on a motion to recommend the approval of Petition 43-84, the vote
was four (4) yes, one (1 ) no and one (1 ) abstention.
Therefore, the Planning Committee recommends the approval of Petition 43-84.
Renard I. Jackson, Chairman
Planning Committee
Planning and Land Use Commission
JeroTd T. Deering, Secretary
Land Use Committee
Planning and Land Use Commission