G60-86 C".
Ordinance No. G60-86
AN ORDINANCE
AMENDING TITLE 19 ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED
WHEREAS, the City Council of the City of Elgin, Illinois, has directed that a
review be made to amend the provisions of the zoning ordinance so as to permit certain
temporary uses, temporary structures and motor impoundment yards within the City of
Elgin; and
WHEREAS, the Elgin Planning Committee held a public hearing concerning the
proposed amendments after due notice in the manner provided by law; and
WHEREAS, the Elgin Planning Committee has submitted its written findings and
recommendation that the requested amendments be granted; and
WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings
and recommendation of the Planning Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section I. That Section 19.04.173 of the Elgin Municipal Code, 1976, as
amended, be and is hereby added to read as follows:
"19.04.173 Contractor's office and equipment areas.
"Contractor's office and equipment areas" means land and buildings
used for the storage of construction materials and equipment incidental and
necessary to development and construction. Contractor's office and
equipment areas shall be located on the same property where development
or construction is occurring, or on contiguous property. Contractor's office
and equipment areas shall be in operation for a period of time not to
exceed such development or construction and shall comply with all
applicable codes and ordinances, except off-street parking."
Section 2. That Section 19.04.207 of the Elgin Municipal Code, 1976, as
amended, be and is hereby added to read as follows:
"19.04.207 Development sales office.
"Development sales offices" means a building used as a real estate
office for the sale of land or buildings located within a new subdivision or
planned unit development during development and construction. The
development sales office shall be located on the same property where
development or construction is occurring, or on contiguous property.
Development sales offices shall be in operation for a period of time not to
exceed such development or construction. Development sales offices shall
comply with all applicable codes and ordinaces with the following excep-
tions for off-street parking. The required number of parking spaces for an
office use shall be provided, the calculation for the required number of
parking spaces based on the gross floor area given exclusively to the office
use. The required parking spaces shall be constructed in conformance to
the applicable design standards of the off-street parking ordinance. Addi-
tional parking may have a gravel surface and need not be landscaped."
Section 3. That Section 19.04.305 of the Elgin Municipal Code, 1976, as
amended, be and is hereby added to read as follows:
"19.04.305 Garage sales.
"Garage sale" means all general sales which are open to the public
and conducted from a residential premise for the purpose of disposing of
personal property. Garage sales include, but are not limited to, all sales
entitled "apartment," "attic," "backyard," "basement," "flea market,"
"house," "lawn," "patio," "porch," "room," "rummage," or "yard" sale."
Section 4. That Section 19.04.443 of the Elgin Municipal Code, 1976, as
amended, be and is hereby added to read as follows:
"19.04.443 Motor vehicle impoundment yard.
"Motor vehicle impoundment yard" means land or buildings used
exclusively for the storage of vehicles towed as a result of accidents or
various police orders in conjunction with and pursuant to Chapter 6.84.
Motor vehicle impoundment yards shall be illuminated by artificial light
from dusk until dawn and shall be completely enclosed with a minimum six
(6) foot solid fence with a locking gate. Motor vehicle impoundment yards
shall be surfaced and drained in accordance with the surfacing and storm-
water control requirements for storage yards contained within Chapter
19.44. At no time shall motor vehicle impoundment yards be used as junk-
yards or auto wrecking yards, or for the storage of abandoned motor
vehicles."
Section 5. That Section 19.04.476 of the Elgin Municipal Code, 1976, as
amended, be and is hereby added to read as follows:
"19.04.476 Open dining facilities.
"Open dining facilities" means that portion of a parcel of property
used or occupied for the purpose of preparing, serving, and/or consuming
food or beverages out-of-doors. Open dining facilities shall be operated in
conjunction with and accessory to a principal use and shall be located on
the same property as the principal use or on contiguous property. Open
dining facilities shall maintain a minimum fifteen (I5) foot setback along
lot lines adjoining any public right-of-way and a minimum ten (10) foot
setback along all interior lot lines. A minimum one hundred (100) foot
setback shall be maintained from any residence district boundary and the
open dining facility shall be screened from an adjacent residence district by
a minimum six (6) foot solid fence, except where a business property and a
residence property are separated by a public right-of-way, a fence need not
be provided. Open dining facilities shall comply with all applicable codes
and ordinances. The land area given to the open dining facility shall be
included in the calculations of gross floor area for the purpose of deter-
mining the required number of off-street parking spaces."
Section 6. That Section 19.04.478 of the Elgin Municipal Code, 1976, as
amended, be and is hereby added to read as follows:
"19.04.478 Open display facilities.
"Open display facilities" means that portion of a parcel of property
used or occupied for the purpose of buying and selling goods and products
out-of-doors, including nursery stock, but excluding other goods and
products specifically provided for within open sales lots. Open display
facilities shall be operated in conjunction with and accessory to a principal
use and shall be located on the same property as the principal use or on
contiguous property. Open display facilities shall maintain a minimum
fifteen (15) foot setback along lot lines adjoining any public right-of-way
and a minimum ten (10) foot setback along all interior lot lines. A
minimum one hundred (100) foot setback shall be maintained from any
residence district boundary and the open display facility shall be screened
from an adjacent residence district by a minimum six (6) foot solid fence,
except where a business property and a residence property are separated by
a public right-of-way, a fence need not be provided. Open display facilities
shall be surfaced and drained in accordance with the surfacing and storm-
water control requirements for open sales lots contained within Chapter
19.44. Open display facilities shall comply with all applicable codes and
Or, ordinances. The land area given to the open display facility shall be
included in the calculation of gross floor area for the purpose of determin-
ing the required number of off-street parking spaces."
Section 7. That Section 19.04.683 of the Elgin Municipal Code, 1976, as
amended, be and is hereby added to read as follows:
"19.04.683 Use, temporary.
"Temporary use" means any use which is conducted for a period not to
exceed thirty (30) days and which is a permitted use, a special use, or an
accessory use in the district in which it is located. Not more than four (4)
temporary uses shall be established on any single parcel of property within
any calendar year. Temporary uses established on a single parcel of
property within the same calendar year shall be conducted for an aggregate
period of time not to exceed sixty (60) days. Temporary uses shall be
operated in conjunction with or accessory to a permanent principal use and
shall be located on the same property as the permanent principal use or on
contiguous property. Temporary uses need not be conducted wholly within
an enclosed building but shall comply with all other applicable codes and
ordinances, except off-street parking requirements. Temporary uses
include, but are not limited to, special events, festivals, Christmas tree
sales, and carnivals."
Section 8. That Section 19.10.020 of the Elgin Municipal Code, 1976, as
amended, be and is hereby added to read as follows:
"19.10.020 Garage sale regulations.
Garage sales in all residence districts shall be governed by the follow-
ing regulations:
A. Merchandise shall be limited to excess items which are accessory
to a residential use. Merchandise purchased for resale shall not be
permitted.
B. Each residence shall be limited to three garage sales within a
calendar year. Each garage sale shall be limited to four consecutive days.
C. Signs publicizing or advertising a garage sale shall not exceed six
square feet in surface area and shall not be placed on public property
including trees, street signs, utility poles and treebanks."
Section 9. That Section 19.12.010 of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended to read as follows:
"19.12.010 Permitted uses.
In the R-1 district, permitted uses are as follows:
A. Single-family detached dwellings;
B. Contractor's office and equipment areas, expressly subject to the
provisions of Section 19.04.173;
C. Development sales offices, expressly subject to the provisions of
Section 19.04.207;
D. Garage sales, expressly subject to the provisions of Section
19.04.305 and 19.10.020;
E. Home day care service;
F. Parks and playgrounds, publicly owned and operated;
G. Public facilities, fire stations, police stations, water filtration
plants, pumping stations, and reservoirs;
H. Schools, nonboarding, elementary, junior high, high;
I. Signs, as otherwise provided in this title;
J. Accessory uses to the above permitted uses including but not
limited to off-street parking and off-street loading."
l Section 10. That Section 19.27.020 of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended to read as follows:
"19.27.020 Permitted uses.
Permitted uses in the 0 district are:
I. Offices - business, banking, professional, and public, including
lawyer, physician, dentist, architect, professional engineer, accountant,
real estate and insurance agents;
2. Medical laboratories and pharmacies, limited to the sale of
prescription drugs, only when operated in conjunction with a medical office
complex;
3. Municipal facilities, fire stations, police stations, water filtra-
tion plants, pumping stations, and reservoirs;
4. Accessory uses to the above permitted uses, including off-street
parking and off-street loading;
5. Other office uses substantially similar to the permitted uses in
this district as determined by the land use administrator or his designee,
after notice and hearing as in the case of variations;
6. Contractor's office and equipment areas, expressly subject to the
provisions of Section 19.04.173;
7. Development sales offices, expressly subject to the provisions of
Section I 9.04.207;"
Section 11. That Section 19.28.020 of the Elgin Municipal Code, 1976, as
amended, is hereby further amended to read as follows:
"1 9.28.020 Permitted uses.
In the B-I district, permitted uses are as follows:
I. Antique shops;
2. Art and school supply stores;
3. Art galleries, private;
4. Automobile accessory stores, but not including the assembly,
repair, service, installation, machining or manufacture of such articles;
5. 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 per-
cent of the floor area;
5. 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 per-
cent of the floor area;
6. Banks and financial institutions;
7. Barbershops;
8. Beauty parlors;
9. Bicycle stores, sales, rental, and repair;
10. Book and stationery stores;
I I. Candy and ice cream stores;
12. Camera and photographic supply stores;
13. Carpet and rug stores;
14. China and glassware stores;
15. Clothing pressing establishments;
ff 16. Clothing stores;
17. Clubs and lodges, private, fraternal, or religious;
18. Coin and philatelic stores;
19. Contractor's office and equipment areas, expressly subject to the
provisions of Section 19.04.173;
20. Currency exchanges;
21. Custom dressmaking;
22. Department stores;
23. Development sales offices, expressly subject to the provisions of
Section 19.04.207;
24. Drugstores;
25. 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;
26. Dry goods stores;
27. Electrical and household appliance stores, including radio and
television sales;
28. Flower shops and conservatories;
29. Food stores, grocery stores, meat markets, bakeries, and delica-
tessens;
30. Furniture stores, including upholstery when conducted as part of
the retail operation and secondary to the principal use;
31. Furrier shops, including the incidental storage and conditioning
of furs;
32. Garden supply and seed stores;
33. Gift shops;
34. Haberdashery;
35. Hardware stores;
36. Hobby shops, for retailing of items to be assembled or used away
from premises;
37. Hotels, including dining and meeting rooms, and business uses
permitted in this district;
38. 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;
39. Jewelry stores, including watch repair;
40. Laboratories, medical and dental, also research and testing;
41. 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;
42. Leather goods and luggage stores;
43. Libraries, branch;
44. Liquor stores, package, expressly subject, however, to the provi-
sions and requirements of Chapter 6.06;
45. Loan offices;
46. Locksmith shops;
47. Mail order service stores;
48. Marinas, meaning and describing establishments for the sale,
rental, repair, storage and servicing of boats, boating equipment, acces-
sories 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 non-
intoxicating beverages in connection with operation thereof;
49. Medical clinics and dental clinics;
50. Meeting halls;
51. Millinery shops;
52. Musical instrument sales and repair;
53. Newspaper offices;
54. Offices, business, professional, and public;
55. Office supply stores;
56. Open dining facilities, expressly subject to the provisions of
Section 19.04.476;
57. Open display facilities, expressly subject to the provisions of
Section 19.04.478;
58. Opticians and optometrists;
59. Paint and wallpaper stores;
60. Photography studios, including developing and printing of photo-
graphs when conducted on the premises as a part of the retail business;
61. Health centers;
62. Picture framing, when conducted on the premises for retail
trade;
63. Post offices;
64. Radio and television broadcasting studios;
65. Restaurants where no dancing or entertainment other than music
is provided;
66. Restricted production and repair limited to the following: art
needlework, clothing, custom manufacturing, and alterations, f or retail
only, of jewelry from precious metals, and watches;
67. Schools, music, dance, or business;
68. Sewing machine sales and service, household machines only;
69. Shoe and hat repair stores;
70. Shoe stores;
71. Sporting goods stores;
72. Tailor shops;
73. Tattoo parlor;
74. Tobacco shops;
75. Telegraph offices;
76. Temporary uses, expressly subject to the provisions of Section
19.04.683;
77. Toy shops;
78. Variety stores;
79. Wearing apparel shops;
80. Wholesale establishments with storage of merchandise limited to
samples;
81. Accessory uses to the above permitted uses."
Section 12. That Section 19.34.020 of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended by adding the following:
"17. Motor impoundment yards, expressly subject to the provisions of
Section 19.04.443;"
Section 13. That the existing numbers 17 through 25 of Section 19.34.020 of the
Elgin Municipal Code, 1976, as amended, be and are hereby renumbered 18 through 26.
Section 14. That Section 19.38.010 of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended to read as follows:
"19.38.010 Permitted uses.
In the MI district, permitted uses are as follows:
I. Any use concerned with the operation of establishments for the
manufacturing, assembly, disassembly, fabricating, repairing, storing,
cleaning, servicing, or testing of materials, goods, or products, provided
operation of such use conforms with applicable regulations and perform-
ance standards for the MI district set forth in Chapter 19.36 and regula-
tions set forth elsewhere in this title;
2. Laboratories (research and testing);
3. Offices;
4. Contractors' establishment, including both those operated within
enclosed buildings and those with outside storage with fenced enclosures;
5. Cartage and express facilities including outside storage of motor
trucks and truck trailers;
6. Storage, warehousing and wholesale establishments;
7. Packaging and crating;
8. Building and material sales and storage;
9. Printing and publishing establishments;
10. Contractor's office and equipment areas, expressly subject to the
provisions of Section 19.04.173;
11. Development sales offices, expressly subject to the provisions of
Section 19.04.207;
12. Temporary uses, expressly subject to the provisions of Section
19.04.683;
13. Motor vehicle impoundment yards, expressly subject to the
provisions of Section 19.04.443."
Section 15. That all ordinances or parts of ordinances in conflict with the provi-
sions of this ordinance be and are hereby repealed.
Section 16. That this ordinance shall be in full force and effect from and after
its passage and publication in the manner provided by law.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: August 11, 1986
Passed: August 11, 1986
Vote: Yeas 6 Nays o
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
r
0"
July 21 , 1986
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Land Use Committee, Planning & Land Use Commission
SUBJECT: Land Use Review
PURPOSE
Consideration of Petition 27-86 Requesting an Amendment to Title
19 Zoning of the Elgin Municipal Code concerning Temporary
Buildings, Temporary Uses, and Activities conducted Out-of-Doors
by the City of Elgin.
BACKGROUND
A petition has been filed by the Planning Department on behalf of
the City of Elgin that reouests an amendment to Title 19 Zoning of
the Elgin Municipal Code concerning temporary buildings, temporary
uses, and activities conducted out-of-doors (see attached Planning
Review prepared by the Planning Department, dated May 1 , 1986) .
RECOMMENDATION
At its special meeting of June 4 , 1986, the Planning Committee
recommended approval of the proposed text amendments .
On a motion to recommend approval of Petition 27-86, the vote was
four (4) yes and one ( 1 ) no ( see attached Findings of Fact,
Transcript , and Ordinance) .
RELATED COMMUNICATION
None.
H3
May 1 , 1986
PLANNING REVIEW
PLANNING DEPARTMENT
CITY OF ELGIN
I. SUBJECT
Consideration of Petition 27-86 Requesting an Amendment to
Title 19 Zoning of the Elgin Municipal Code concerning
Temporary Buildings, Temporary Uses, and Activities conducted
Out-of-Doors by the City of Elgin.
•
II . GENERAL INFORMATION
A. Requested Action _ Text Amendment
B. Petitioner City of Elgin
III . EXHIBITS
Proposed Text Amendments (see enclosed) .
rim IV. CONSIDERATIONS
A petition has been filed by the Planning Department on behalf
of the City of Elgin that requests an amendment to Title 19
Zoning of the Elgin Municipal Code concerning temporary
buildings, temporary uses , and activities conducted
out-of-doors.
A temporary building is any structure erected for the shelter
or enclosure of persons or moveable property, and which is not
permanently affixed to the land . Temporary buildings include
mobile homes or offices, and tents . Temporary buildings are
regulated by the zoning and building ordinances and are
permitted only for construction purposes, for a period not to
exceed such construction. Mobile homes are specifically
provided for as an R-4 special use.
Temporary uses include garage sales, carnivals, christmas tree
sales, special events, and the seasonal sale of farm produce.
Temporary uses are not specifically provided for by the
current zoning ordinance. Accordingly, temporary uses must be
treated as permanent uses subject to the permitted use lists,
design standards, and sign and parking requirements of the
zoning district in which they are to be located.
e..
-Page 1-
Activities and uses that are conducted out-of-doors include
open sales, display, and storage of goods, products, and
equipment; open dining facilities; and storage yards in
general. The zoning ordinance requires that all businesses be
operated from within an enclosed building, unless specifically
provided otherwise.
The current zoning ordinance provides for open sales lots as a
B-3 special use or as a B-4 permitted use. By definition open
sales lots may be used for the display of monuments, nursery
stock, and motorized vehicles and equipment. All other open
sales lots are provided for only as a B-4 special use.
Open dining facilities are not permitted by the current zoning
ordinance.
The current zoning ordinance permits storage yards as_ an
accessory use to contractors establishments in the B-4
district and as an accessory use to all permitted uses in the
manufacturing districts. While no changes to the permissible
locations for storage yards are anticipated at this time,
certain zoning ordinance provisions are in direct conflict
with the motor vehicle towing business license requirements
contained in Title 6 of the Municipal code. More
specifically, abandoned or inoperable motor vehicles may not
be stored within the city limits .
r The Planning Department has developed concepts and proposed
text for regulating temporary buildings, temporary uses, and
activities conducted out-of-doors (see enclosed exhibit) .
P
em. July 23, 1986
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Proposed Zoning Ordinance Amendments
(Petition 27-86) - Temporary Uses and
Activities Operated Outdoors
PURPOSE
To provide for or properly regulate temporary uses and activities
that are operated out-of-doors .
BACKGROUND
Temporary uses are not specifically provided for by the current
rft zoning ordinance. Accordingly, temporary uses must be treated as
permanent uses subject to the permitted use lists, design
standards , and sign and parking requirements of the zoning
district in which they are to be located.
Activities and uses that are conducted out-of-doors include open
sales, display, and storage of goods, products, and equipment;
open dining facilities; and storage yards in general. The zoning
ordinance requires that all businesses be operated from within an
enclosed building, unless specifically provided otherwise.
There are several examples of temporary and outside uses occurring
within the City of Elgin which would be provided for under the
Zoning Ordinance amendment.
Tent sales and festivals such as St. Sophia' s Greek Festival would
be provided for as "temporary uses" . Temporary uses would be
limited to a thirty ( 30) day period; with no more than four (4)
temporary uses established on a single parcel within a year .
Temporary uses would be subject to the requirements of the
off-street parking lot ordinance and would be required to provide
adequate parking for the duration of the temporary event.
Beer gardens would be provided for as an "open dining facility" .
Beer gardens would require a fifteen ( 15) foot setback from a
tow right-of-way, a ten (10) foot setback from interior lot lines, and
a one hundred (100) foot setback from any residence district. The
/A
f
one hundred ( 100) foot setback requirement is consistent with the
regulations of the Liquor Control Ordinance - Chapter 6. 06.
r.. Outdoor merchandising such as found at Gromer ' s, Tru-Value, or
Schock Florist would be provided for as "open display facilities" .
Open display facilities would allow out-door sale of goods and
merchandise. The required setbacks would be the same as for open
dining facilities. Surface and drainage requirements would also
be included.
Vehicle impoundment yards would be permitted in 8-4 and
manufacturing districts. Vehicle impoundment yards would be
required to provide screening and lighting and be developed in
conformance with the surfacing and drainage requirement of the
off-street parking ordinance requirements for storage yards. The
requirements of "motor vehicle impoundment yards" are consistent
with the Towing Ordinance - Chapter 6. 84.
SUMMARY
There would be no fiscal impact associated with the adoption of
the zoning ordinance amendment. This amendment would establish a
legal basis for and control of the continuation and expansion of
various business and institutional practices throughout the city.
Further, the ordinance would provide for consistency between the
Zoning Ordinance and other sections of the Municipal Code.
RECOMMENDATION
C r The Planning Committee recommended approval of the proposed
amendments to the zoning ordinance on a vote of four (4) yes and
one ( 1 ) no.
4111(//122
ames J. 'k, City Manager
June 27, 1986
FINDINGS OF FACT
PLANNING COMMITTEE
PLANNING AND LAND USE COMMISSION
CITY OF ELGIN
I. SUBJECT
Consideration of Petition 27-86 Requesting an Amendment to
Title 19 Zoning of the Elgin Municipal Code concerning
Temporary Buildings, Temporary Uses, and Activities conducted
Out-of-Doors by the City of Elgin.
II . CONSIDERATIONS
A petition has been filed by the Planning Department on behalf
of the City of Elgin that requests an amendment to Title 19
Zoning of the Elgin Municipal Code concerning temporary
buildings, temporary uses, and activities conducted
out-of-doors.
A temporary building is any structure erected for the shelter
or enclosure of persons or moveable property, and which is not
permanently affixed to the land. Temporary buildings include
mobile homes or offices, and tents. Temporary buildings are
regulated by the zoning and building ordinances and are
permitted only for construction purposes, for a period not to
exceed such construction. Mobile homes are specifically
provided for as an R-4 special use.
Temporary uses include garage sales, carnivals, christmas tree
sales, special events, and the seasonal sale of farm produce.
Temporary uses are not specifically provided for by the
current zoning ordinance. Accordingly, temporary uses must be
treated as permanent uses subject to the permitted use lists,
design standards, and sign and parking requirements of the
zoning district in which they are to be located.
Activities and uses that are conducted out-of-doors include
open sales, display, and storage of goods, products, and
equipment; open dining facilities; and storage yards in
general . The zoning ordinance requires that all businesses be
operated from within an enclosed building, unless specifically
provided otherwise.
The current zoning ordinance provides for open sales lots as a
8-3 special use or as a 8-4 permitted use. By definition open
sales lots may be used for the display of monuments, nursery
erk stock, and motorized vehicles and equipment. All other open
-Page 1 -
'/3
sales lots are provided for only as a 8-4 special use.
Open dining facilities are not permitted by the current zoning
ordinance.
rm. The current zoning ordinance permits storage yards as an
accessory use to contractors establishments in the 8-4
district and as an accessory use to all permitted uses in the
manufacturing districts. While no changes to the permissible
locations for storage yards are anticipated at this time,
certain zoning ordinance provisions are in direct conflict
with the motor vehicle towing business license requirements
contained in Title 6 of the Municipal code. More
specifically, abandoned or inoperable motor vehicles may not
be stored within the city limits.
The City Council has directed the Planning Department to
. prepare appropriate amendments to the zoning ordinance.
III . FINDINGS
After due notice, as required by law, the Planning Department
held a public hearing on the proposed text amendments on May
7, 1986 and June 4, 1986. The petitioner testified at the
hearing and presented documentary evidence . No objectors
appeared at the hearing and no written objection has been
filed to the proposed amendment.
A majority of the committee has found that the text of the
zoning ordinance should be amended in accordance with the
attached Proposed Amendments to Title 19: Zoning of the Elgin
Municipal Code prepared by the Planning Department, dated June
4, 1986.
IV. RECOMMENDATION
On a motion to recommend the approval of the proposed
amendments to the zoning ordinance the vote was four (4) yes
and one (1 ) no.
Therefore, the Planning Committee recommends the approval of
Petition 27-86.
Renard I . Jacks Chairman
Planning Committee
Planning and Land Use Commission
Je • d T. Deering, Secret r
rm. P - ring Committee
Planning and Land Use Commisision
-Page 2-
PROPOSED AMENDMENTS
TITLE 19 ZONING
ELGIN MUNICIPAL CODE
A . TEMPORARY BUILDINGS
B. TEMPORARY USES
C. GARAGE SALES
D. DEVELOPMENT SALES OFFICES
E. CONTRACTOR'S OFFICES AND EQUIPMENT AREAS
F. OPEN DISPLAY FACILITIES
G. OPEN DINING FACILITIES
H. MOTOR VEHCILE IMPOUNDMENT YARDS
PLANNING COMMITTEE
PLANNING AND LAND USE COMMISSION
CITY OF ELGIN
AND
PLANNING DEPARTMENT
CITY OF ELGIN
MAY 1 , 1986
REVISED
JUNE 4, 1986
rm. A. TEMPORARY BUILDINGS
"Temporary buildings" are to be deleted from all permitted use
lists. Temporary buildings are regulated by the building code.
CURRENT TEXT
TEMPORARY STRUCTURES
B.O. C. A. 514.0
514. 1 General : Pursuant to a variance granted by the board of
appeals under the provisions of Section 124.0, the building
official may issue a permit for temporary construction as approved
by the board of appeals. Such permits shall be limited as to time
of service, but such temporary construction shall not be permitted
for more than one year.
514.2 Special approval: All temporary construction shall conform
to structural strength, fire safety, means of egress, light,
ventilation and sanitary requirements of this code necessary to
insure the public health, safety and general welfare.
514. 3 Termination of approval: The building official is hereby
authorized to terminate such special approval and to order the
demolition of any such construction at his discretion, or as
directed by the decision of the board of appeals.
CURRENT TEXT
TENTS AND OTHER TEMPORARY STRUCTURES
B.O. C. A. 621 .0
621 .1 Construction: Tents and air supported structures shall be
constructed as required by this code, the approved rules and NFiPA
102 listed in Appendix A.
621 . 2 Permits: A special temporary permit shall be secured from
the building official for all such installations. Tents, air
supported structures and other temporary structures may be erected
for a period not exceeding 30 days for religious, educational,
recreational, or similar purposes. Temporary tents may be erected
for a period not exceeding fifteen (15) days for other purposes
upon written application to the building official.
Applications shall include a description of the tent to be erected
eift including the number and location of entrances and exits; the site
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on which the tent is proposed to be erected including the location
and proximity of other structures; the purpose for which the tent
rft. is to be erected and including a description of any goods or
merchandise to be displayed, offered for sale, bartered or given
away. Said application shall be made not later thn thirty ( 30)
days prior to the commencement of use of said tent.
621 . 3 Location: Tents and air supported structures shall be
located outside the fire limits unless an accessible unoccupied
open space is provided around the perimeter with a minimum width of
50 feet (15240 mm) .
621 .4 Approved type: Tents, air supported structures and other
temporary structures shall be of an approved type. The applicant
for a special temporary permit hereunder shall submit evidence of
the adequacy of the temporary structure in accordance with the
requirements of Section 107.4 of this code.
621 . 5 Combustible material : Combustible materials shall not be
permitted under stands or seats at any time.
621 . 6 Combustible trash: The area within and adjacent to tents,
air supported structures or other temporary structures shall be
maintained clear of all grass or underbrush creating a fire hazard
within a radius of 50 feet (15240 mm) . All combustible trash shall
be removed from the structure after each performance.
r
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B. TEMPORARY USES
Definition - 19. 04. 683
"Temporary use" means any use which is a permitted use, a special
use, or a customary and traditional use in the district in which it
is located. Temporary uses shall be operated in conjunction with or
accessory to a permanent principal use and shall be located on the
same property as the permanent principal use or on contiguous
property . Temporary uses shall be operated in a manner that least
interferes with traffic circulation within the public rights-of-way
and that least interferes with emergency vehicle access both
on-site and off-site. Not more than four (4) temporary uses shall
be established on a single parcel of property within a twelve ( 12)
month period. All temporary uses established on a single parcel of
property within a twelve ( 12) month period shall be in operation
for a a total period of time not longer than sixty ( 60) days.
Temporary uses include, but are not limited to, special events,
festivals, Christmas tree sales, and carnivals. Temporary uses
shall comply with all applicable codes and ordinances, except
off-street parking.
..
Zoning Districts
In all residence districts , temporary uses shall be a permitted
use :
Temporary uses operated in conjunction with or
accessory to an institutional or community
facility, expressly subject to the provisions
of Chapter 19.04 . 683.
In all other districts , temporary uses shall be a permitted use :
Temporary uses , expressly subject to the provisions
of Chapter 19. 04 . 683.
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C . GARAGE SALES
Definition - 19. 04. 305
"Garage sale" means all general sales which are open to the public
and conducted from a residential premise for the purpose of
disposing of personal property. Garage sales include, but are not
limited to, all sales entitled "apartment, " "attic , " "backyard, "
"basement, " "flea market, " "house, " "lawn, " "patio, " "porch, "
"room, " "rummage , " or "yard" sale.
Garage Sale Regulations - 19. 10. 020
Garage sales in all residence districts shall be governed by the
following:
A . Merchandise shall be limited to excess items which are
accessory to a residential use . Merchandise purchased for
resale shall not be permitted.
B. Each residence shall be limited to three garage sales within a
calendar year . Each garage sale shall be limited to four
consecutive days .
C . Signs shall not exceed six square feet in surface area and
shall not be placed on public property including trees, street
signs, utility poles and treebanks.
Zoning Districts
In all residence districts , garage sales shall be a permitted used.
Garage sales, expressly subject to the provisions of Chapter
19. 04 . 305 and 19. 10. 020.
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elm
0. DEVELOPMENT SALES OFFICES
Definition - 19. 04. 207
"Development sales offices" means a building used as a real estate
office for the sale of land or buildings located within a new
subdivision or planned unit development during development and
construction . The development sales office shall be located on the
same property where development or construction is occurring, or on
contiguous property . Development sales offices shall be in
operation for a period of time not to exceed such development or
construction . Development sales offices shall comply with all
applicable codes and ordinances with the following exceptions for
off-street parking. The required number of parking spaces for an
office use shall be provided. The calculation for the required
number of parking spaces shall be based on the gross floor area
given exclusively to the office use. The required parking spaces
shall be constructed in conformance to the applicable design
standards of the off-street parking ordinance. Additional parking
may have a gravel surface and need not be landscaped.
Zoning Districts - 19. 12. 010, 19. 27. 020, 19. 28. 020, and 19. 38. 010
In all districts, development sales offices shall be a permitted
use.
Development sales offices, expressly subject to
the provisions of Chapter 19. 04.207.
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E . CONTRACTOR ' S OFFICE AND EQUIPMENT AREAS
Definition - 19. 04. 173
"Contractor ' s office and/or equipment areas" means land and/or
buildings used for the storage of construction materials and/or
equipment incidental and necessary to development and construction.
Contractor ' s office and equipment areas shall be located on the
same property where development or construction is occurring, or on
contiguous property. Contractor ' s office and equipment areas shall
be in operation for a period of time not to exceed such development
or construction . Contractor ' s office and equipment areas shall
comply with all applicable codes and ordinances, except off-street
parking.
Zoning Districts - 19. 12. 010, 19. 27. 020, 19. 28. 020, and 19. 38. 010
In all districts contractor ' s office and equipment areas shall be a
permitted use .
emk Contractor ' s office and equipment areas, expressly
subject to the provisions of Chapter 19.04. 173.
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eft'
F . OPEN DISPLAY FACILITIES
Definition - 19. 04. 478
"Open display facilities" means that portion of a parcel of
property used or occupied for the purpose of buying and selling
goods and products out-of-doors, including nursery stock , but
excluding other goods and products specifically provided for within
open sales lots. Open display facilities shall be operated in
conjunction with and accessory to a principal use and shall be
located on the same property as the principal use or on contiguous
property. Open display facilities shall maintain a minimum fifteen
( 15) foot setback along lot lines adjoining any public right-of-way
and a minimum ten (10) foot setback shall be maintained along. all
interior lot lines. A minimum one hundred (100) foot setback shall
be maintained from any residence district boundary and the open
display facility shall be screened from an adjacent residence
district by a minimum six (6) foot solid fence, except where a
business property and a residence property are separated by a
r public right-of-way, a fence need not be provided. Open display
facilities shall be surfaced and drained in accordance with the
surfacing and stormwater control requirements for open sales lots
contained within Chapter 19.44. Open display facilities shall
comply with all applicable codes and ordinances . The land area
given to the open display facility shall be included as gross floor
area for the purpose of detemining the required number of
off-street parking spaces .
Zoning Districts - 19. 28. 020
In the business districts , open display facilities shall be a
permitted accessory use .
Open display facilities, expressly subject to the provisions of
Chapter 19. 04.478 .
eft-
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G. OPEN DINING FACILITIES
Definition - 19.04.476
"Open dining facilities" means that portion of a parcel of property
used or occupied for the purpose of preparing, serving, and/or
consuming food and/or beverages out-of-doors. Open dining
facilities shall be operated in conjunction with and accessory to a
principal use and shall be located on the same property as the
principal use or on contiguous property. Open dining facilities
shall maintain a minimum fifteen (15) foot setback along lot lines
adjoining any public right-of-way and a mininum ten (10) foot
setback shall be maintained along all interior lot lines. A minimum
one hundred (100) foot setback shall be maintained from any
residence district boundary and the open dining facility shall be
screened from an adjacent residence district by a minimum six (6)
foot solid fence, except where a business property and a residence
property are separated by a public right-of-way, a fence need not
be provided. Open dining facilities shall comply with all
applicable codes and ordinances . The land area given to the open
eft. dining facility shall be included as gross floor area for the
purpose of determining the required number of off-street parking
spaces.
Zoning Districts - 19. 26. 020 and 19. 38. 010
In all business and manufacturing districts, open dining facilities
shall be a permitted accessory use.
Open dining facilities, expressly subject to the provisions of
Chapter 19. 04 . 476.
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rft
H. MOTOR VEHICLE IMPOUNDMENT YARDS
Definition - 19.04.443
"Motor vehicle impoundment yard" means land and/or buildings used
exclusively for the storage of vehicles towed as a result of
accidents or various police orders in conjunction with and pursuant
to Chapter 6. 84 . Motor vehicle impoundment yards shall be
illuminated by artificial light from dusk until dawn and shall be
completely enclosed with a minimum six (6) foot solid screening
fence with a locking gate . Motor vehicle impoundment yards shall
be surfaced and drained in accordance with the surfacing and
stormwater control requirements for storage yards contained within
Chapter 19.44 . At no time shall motor vehicle impoundment yards be
used as junkyards or auto wrecking yards, or for the storage of
abandoned motor vehicles .
Zoning Districts
In the B-4, M-1 , and M-2 districts, motor vehicle impoundment yards
shall be a permitted use .
Motor vehicle impoundment yard, expressly subject to the provisions
of Chapter 19. 04. 443.
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