G12-91 Ordinance No. G12-91
AN ORDINANCE
AMENDING CHAPTER 19, ENTITLED "ZONING" OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED
WHEREAS, written application has been made to amend the
provisions of the zoning ordinance so as to comply with the
provisions of the Federal Fair Housing Amendments Act of 1988
and the Community Residence Location Planning Act; 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 recommendation that the requested
amendment be granted; and
WHEREAS, the City Council of the City of Elgin, Illinois,
concurs in the findings and recommendations of the Planning
Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 19 .04 of Title 19 of the Elgin
Municipal Code, 1976, as amended, be amended by adding the
following:
19 .04 . 167 .5 Community residence.
"Community residence" means a group home or
specialized residential care home serving unrelated
persons with disabilities which is licensed,
certified or accredited by appropriate local, state
or national bodies. Community residence does not
include a residence which serves persons as an
alternative to incarceration for a criminal offense,
or persons whose primary reason for placement is
substance or alcohol abuse, or persons whose primary
reason for placement is treatment of a communicable
disease. Community residences shall be separated by
a minimum distance of 1200 feet measured lot line to
lot line.
19 .04 .208 Disability.
"Disability" means any person whose disability
is attributable to mental, intellectual or physical
impairments or a combination of mental, intellectual
or physical impairments; is likely to continue for a
significant amount of time or indefinitely; results
in functional limitations in three or more of the
following areas of life activities : self-care,
receptive or expressive language, learning,
mobility, self-direction, capacity for independent
living, economic self-sufficiency; and reflects the
persons need for a combination and sequence of a
special interdisciplinary or generic care, treatment
or other services which are of a life-long or
extended duration.
19 .04 .256 Family community residence.
"Family community residence" means a single
dwelling unit occupied on a relatively permanent
basis in a family-like environment by a group of no
more than eight (8) unrelated persons with
disabilities, plus paid professional support staff
provided by a sponsoring agency, either living with
the residents on a 24-hour basis, or present
whenever residents with disabilities are present at
the dwelling; and complies with the zoning
regulations for the district in which the site is
located.
19 .04 . 318 Group community residence.
"Group community residence" means a single
dwelling unit occupied on a relatively permanent
basis in a family-like environment by a group of
nine to fifteen ( 15) unrelated persons with
disabilities, plus paid professional support staff
provided by a sponsoring agency, either living with
the residents on a 24-hour basis, or present
whenever residents with disabilities are present at
the dwelling; and complies with the zoning
regulations for the district in which the site is
located.
Section 2 . That Section 19 .04 .245 of Chapter 19 .04 of
the Elgin Municipal Code, 1976, as amended, be amended to read
as follows :
19 .04 .245 Dwelling unit.
"Dwelling unit" means one or more rooms which
are arranged, designed, or used as living quarters
for a family, or for a community residence as a
single house-keeping unit. A dwelling unit includes
bathroom and kitchen facilities in addition to
sleeping and living areas.
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Section 3. That Section 19 . 12 . 010 of Chapter 19. 12 of
the Elgin Municipal Code, 1976, as amended, be 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. Family community residences to a maximum of
eight residents;
K. Accessory uses to the above permitted uses,
including, but not limited to, off-street parking
and off-street loading.
Section 4 . That Section 19 . 12 .020 of Chapter 19. 12 of
the Elgin Municipal Code, 1976, as amended, be amended by
adding the following:
R. Group community residences .
S. Family community residences that fail to
meet all requirements for a certificate of
occupancy, excluding family community residences or
operators denied a required local or state license,
and family community residences where there is no
eft state or local licensing or certification program
for the proposed community residence or operator.
T. Group community residences that fail to
meet all requirements for a certificate of
occupancy, excluding community residences or
operators denied a required local or state license,
and group community residences where there is no
state or local licensing or certification program
for the proposed community residence or operator.
Section 5 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 6 . That this ordinance shall be in full force
and effect after its passage in the manner provided by law.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: February 13, 1991
Adopted: February 13, 1991
rk Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk