G70-95 . 1 .
CITY OF ELGIN
ORDINANCE NO. G70-95
AN ORDINANCE
AMENDING ELGIN MUNICIPAL CODE TITLE 19
ZONING HOME OCCUPATIONS
ADOPTED BY THE
rik CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 27TH DAY OF SEPTEMBER, 1995
Published in pamphlet form by
authority of the City Council of
the City of Elgin, Kane and Cook
Counties, Illinois, on this
28th day of September, 1995 .
ork
STATE OF ILLINOIS
ss .
COUNTY OF KANE )
CERTIFICATE
I , Dolonna Mecum, certify that I am the duly appointed
and acting municipal clerk of the City of Elgin, Cook and Kane
Counties, Illinois .
I further certify that on September 27 , 1995, the
Corporate Authorities of such municipality passed and approved
Ordinance No. G70-95, entitled An Ordinance G70-95 Amending
Elgin Municipal Code Title 19 - Zoning Home Occupations, which
provided by its terms that it should be published in pamphlet
form.
The pamphlet form of Ordinance No. G70-95, including
the Ordinance and a cover sheet thereof, was prepared, and a
copy of such Ordinance was posted in the municipal building,
commencing on September 28, 1995, and continuing for at least
ten days thereafter. Copies of such Ordinance were also
available for public inspection upon request in the office of
the municipal clerk.
DATED at Elgin, Illinois, on September 28, 1995 .
Municipal Clerk
(SEAL)
Ordinance No. G70-95
AN ORDINANCE
AMENDING TITLE 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 relating to home
occupations; and
WHEREAS, the Planning and Development Commission held a
public hearing concerning the proposed amendment after due
notice in the manner provided by law; and
WHEREAS, the Planning and Development Commission 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
and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
Section 1 . That Chapter 19 . 20 "Residence Conservation
Districts" of Title 19 of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended by adding the
following:
1 . Section 19 . 20 . 100 RC1 Residence Conservation District
Section 19 . 20 . 130 Land Use
A. Permitted Uses .
Residences Division
ADD: "3. Residential Occupations" {SR}
(UNCL) (and renumbering each following
permitted use in the RC1 Residences
Division) .
2 . Section 19 .20 . 100 RC1 Residence Conservation District
Section 19 . 20 . 130 Land Use
B. Conditional Uses .
ADD: "Residences Division
1. Conditional Residential Occupations"
{SR} (UNCL)
3 . Section 19 .20 . 300 RC2 Residence Conservation District
Section 19 . 20 . 330 Land Use
A. Permitted Uses .
Residences Division
ADD: "3. Residential Occupations" {SR}
(UNCL) (and renumbering each following
permitted use in the RC2 Residences
Division) .
em-
4 . Section 19 . 20 . 300 RC2 Residence Conservation District
Section 19 . 20. 330 Land Use
B. Conditional Uses.
ADD: "Residences Division
1. Conditional Residential Occupations"
{SR} (UNCL)
5 . Section 19 . 20 . 600 RC3 Residence Conservation District
Section 19 . 20. 630 Land Use
A. Permitted Uses .
Residences Division
ADD: "4. Residential Occupations" {SR}
(UNCL) (and renumbering each following
permitted use in the RC3 Residences
Division) .
6 . Section 19 .20 . 600 RC3 Residence Conservation District
Section 19 . 20. 630 Land Use
B. Conditional Uses.
ADD: "Residences Division
1. Conditional Residential Occupations"
{SR} (UNCL)
Section 2 . That Chapter 19 . 25 entitled "Residence
Districts" of Title 19 of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended by adding the
following:
1 . Section 19 . 25 . 100 SFR1 Single Family Residence District
Section 19 .25 . 130 Land Use
A. Permitted Uses .
Residences Division
ADD: "3. Residential Occupations" {SR}
(UNCL) (and renumbering each following
permitted use in the SFR1 Residences
Division) .
2 . Section 19 .25 . 100 SFR1 Single Family Residence District
Section 19 .25 . 130 Land Use
B. Conditional Uses .
ADD: "Residences Division
1. Conditional Residential Occupations"
{SR} (UNCL)
3. Section 19 .25 . 300 SFR2 Single Family Residence District
Section 19 . 25 . 330 Land Use
A. Permitted Uses .
Residences Division
ADD: "3. Residential Occupations" {SR}
(UNCL) (and renumbering each following
permitted use in the SFR2 Residences
Division) .
ew
4 . Section 19 . 25 . 300 SFR2 Single Family Residence District
Section 19 . 25 . 330 Land Use
B. Conditional Uses.
ADD: "Residences Division
1. Conditional Residential Occupations"
{SR} (UNCL)
5 . Section 19 . 25 . 500 TFR Two Family Residence District
Section 19 . 25 . 530 Land Use
A. Permitted Uses .
Residences Division
ADD: "3. Residential Occupations" {SR}
(UNCL) (and renumbering each following
permitted use in the TFR Residences
Division) .
6 . Section 19 . 25 . 500 TFR Two Family Residence District
Section 19 . 25 .530 Land Use
B. Conditional Uses .
ADD: "Residences Division
1. Conditional Residential Occupations"
{SR} (UNCL)
7 . Section 19 . 25 . 700 MFR Multiple Family Residence District
Section 19 . 25 . 730 Land Use
A. Permitted Uses .
Residences Division
ADD: "3. Residential Occupations" {SR}
(UNCL) (and renumbering each following
permitted use in the MFR Residences
Division) .
8 . Section 19 . 25 . 700 MFR Multiple Family Residence District
Section 19 . 25 . 730 Land Use
B. Conditional Uses .
Residences Division
ADD: "1. Conditional Residential
Occupations" {SR} (UNCL) (and renumbering
each following conditional use in MFR
Residences Division) .
Section 3 . That Chapter 19 . 90 entitled "Supplementary
Regulations" of Title 19 of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended by adding Section
19 . 90 . 617 to read as follows :
19.90.617 Residential Occupations.
"Residential Occupations" shall mean a
rft. "business" (SR) which is "accessory" (SR) to a
"dwelling unit" (SR) . Residential occupations shall
be subject to the following supplementary
regulations :
A. Operation - Generally. The operation of a
residential occupation shall be limited to
the persons residing in the dwelling unit.
B. Use of Land and Structures. Residential
occupations shall be conducted entirely
within a dwelling unit.
No residential occupation shall
utilize any process or equipment with a
potential for creating a life/safety
hazard, as may be determined by the Code
Official .
The floor area of the residential
occupation within the principal building
shall be limited to twenty five (25)
percent of the "residential floor area"
(SR) . Residential occupations which
exceed ten ( 10) percent of the "fire area"
shall be subject to the provisions for
"accessory areas" of Title 16, Buildings
and Construction, as may be amended. No
residential occupation shall be located
emik within an "accessory building" (SR) .
No merchandise shall be stored on the
premises, except such that can be produced
on the premises . Other merchandise may be
kept on the premises temporarily while
waiting to be distributed to the
consumer. No merchandise, goods,
supplies, equipment, or materials shall be
displayed or stored outdoors .
C. Prohibited Alterations. No alterations,
exterior or interior of structures,
temporary or permanent, that change the
essential residential character of the
land or structures of a "zoning lot" (SR)
with a residential occupation shall be
allowed, including, but not limited to,
additional entrances and exits, additional
bathrooms, accessible doorways and ramps,
etc. No signs other than those allowed in
residence districts and in residence
conservation districts by Chapter 19 . 50,
Signs, shall be allowed on a zoning lot
with a residential occupation.
D. Traffic and Parking. No merchandise,
goods, supplies, or materials associated
with a residential occupation shall be
received or delivered at the dwelling unit
er- unless conducted entirely by U. S . Postal
Service, similar parcel delivery service,
or private passenger motor vehicle.
No dwelling unit with a residential
occupation shall generate more demand for
off street parking than exists on the
zoning lot or in excess of the number of
off street parking stalls that may be
assigned to a dwelling unit.
No more than five persons shall be
allowed to visit the premises of a
dwelling unit with a residential
occupation for the purpose of conducting
business each day. Such visitations shall
be limited to Monday through Friday from
the hours of 8:00 R.M. to 6 : 00 P.M.
E. Public Nuisance. No residential
occupation shall be operated in such a
manner as to cause a public nuisance
including, but not limited to interference
with broadcast radio and television
reception; offensive noise, vibration,
smoke, dust, heat, glare, or odor;
excessive pedestrian or vehicular traffic;
or aesthetic problems .
F. Prohibited Residential Occupations. No
residential occupation shall involve the
detailing, servicing, or repairing of
motor vehicles . No residential occupation
shall involve the grooming, treatment,
boarding, or propagation of animals,
poultry, or livestock. With the exception
of "home child day care services" (SR) ,
which are regulated otherwise, no
residential occupation shall involve the
personal or medical care or treatment of
persons . No residential occupation shall
involve the handling or preparation of
food.
Section 4 . That Chapter 19 . 90 entitled "Supplementary
Regulations" of Title 19 of the Elgin Municipal Code, 1976 , as
amended, be and is hereby further amended by adding Section
19 . 90 . 618 to read as follows :
19.90.618 Residential Occupations, Conditional.
"Conditional Residential Occupations" shall
mean a "business" (SR) which is "accessory" (SR) to
a "dwelling unit" (SR) . Conditional residential
tem-
occupations shall be subject to the provisions of
Chapter 19 . 60, Conditional Uses . The Zoning and
Subdivision Hearing Board may recommend and the City
Council may require such conditions and restrictions
on the impact, location, design, construction, and
operation of the conditional residential occupation
as may be deemed necessary to promote the purpose
and intent of this title. Conditional residential
occupations shall be subject to the following
supplementary regulations :
A. Operation - Generally. The operation of a
conditional residential occupation shall
be limited to the persons residing in the
dwelling unit plus one additional employee
or subcontractor, working on the premises,
who is not a resident.
B. Use of Land and Structures. All
conditional residential occupations shall
be conducted wholly within an "enclosed
building" (SR) .
Conditional residential occupations
may utilize specialized processes and
equipment in the performance of the
residential occupation, which require
building, HVAC, plumbing, or electrical
installations which are not customarily
found within a dwelling unit. However, no
conditional residential occupation shall
utilize any process or equipment with any
potential for a life/safety hazard, as may
be determined by the Code Official .
The floor area of the conditional
residential occupation within the
principal building shall be limited to
thirty ( 30) percent of the "residential
floor area" (SR) . Residential occupations
which exceed ten ( 10) percent of the "fire
area" shall be subject to the provisions
for "accessory areas" of Title 16 ,
Buildings and Construction, as may be
amended.
No merchandise shall be stored on the
premises, except such that can be produced
on the premises . Other merchandise may be
kept on the premises temporarily while
waiting to be distributed to the
consumer. No merchandise, goods,
supplies, equipment, or materials shall be
displayed or stored outdoors .
C. Prohibited Alterations. No alterations,
exterior or interior of structures,
temporary or permanent, that change the
essential residential character of the
land or structures of a "zoning lot" (SR)
with a conditional residential occupation
shall be allowed, including, but not
limited to, additional entrances and
exits, additional bathrooms, accessible
doorways and ramps, etc. No signs other
than those allowed in residence districts
and in residence conservation districts by
Chapter 19 . 50, Signs shall be allowed on a
zoning lot with a conditional residential
occupation.
D. Traffic and Parking. No merchandise,
goods, supplies, or materials associated
with a conditional residential occupation
shall be received or delivered on a zoning
lot with a conditional residential
occupation unless conducted entirely by
U.S . Postal Service, similar parcel
tow delivery service, or private passenger
motor vehicle.
No dwelling unit with a conditional
residential occupation shall generate more
demand for off street parking than exists
on the zoning lot or in excess of the
number of off street parking stalls that
may be assigned to a dwelling unit.
No more than ten persons shall be
allowed to visit the premises of a
dwelling unit with a conditional
residential occupation for the purpose of
conducting business each day. Such
visitations shall be limited to Monday
through Saturday from the hours of 8: 00
A.M. to 6 :00 P.M. , and Sunday from the
hours of 12 :00 P.M. to 5 :00 P.M.
E. Public Nuisance. No conditional
residential occupation shall be operated
in such a manner as to cause a public
nuisance including, but not limited to
interference with broadcast radio and
television reception; offensive noise,
fek vibration, smoke, dust, heat, glare, or
odor; excessive pedestrian or vehicular
traffic; or aesthetic problems .
F. Prohibited Conditional Residential
Occupations. No conditional residential
occupation shall involve the detailing,
servicing, or repairing of motor
vehicles . No conditional residential
occupation shall involve the grooming,
treatment, boarding, or propagation of
animals, poultry, or livestock. With the
exception of "home child day care
services" (SR) , which are regulated
otherwise, no conditional residential
occupation shall involve the personal or
medical care or treatment of persons . No
conditional residential occupation shall
involve the handling or preparation of
food.
G. Certificate of Occupancy and Compliance.
Conditional residential occupations shall
obtain a Certificate of Occupancy and
Compliance from the Code Administration
Department prior to starting the
conditional residential occupation.
eak 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 and publication in the manner
provided by law.
Kevin Kelly, Mayor '
Presented: September 27 , 1995
Passed: September 27 , 1995
Omnibus Vote: Yeas 7 Nays 0
Recorded: September 28, 1995
Published: September 28, 1995
Attest:
Do onna Mecum, Ci y Clerk