G44-96 CITY OF ELGIN
ORDINANCE NO. G44-96
AN ORDINANCE
AMENDING C-HER 19 , ENTITLED "ZONING" OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED
(PETITION 02-96 )
emk ADOPTED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 28TH DAY OF AUGUST, 1996
Published in pamphlet form by
authority of the City Council of
the City of Elgin, Kane and Cook
Counties, Illinois, on this
29th day of August, 1996 .
tek
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 August 28, 1996, the
Corporate Authorities of such municipality passed and approved
Ordinance No. G44-96 , entitled An Ordinance Amending Chapter
19 , Entitled "Zoning" of the Elgin Municipal Code, 1976 , as
Amended (PEtiton 02-96 ) , which provided by its terms that it
should be published in pamphlet form.
tek The pamphlet form of Ordinance No. G44-96, including
the Ordinance and a cover sheet thereof, was prepared, and a
copy of such Ordinance was posted in the municipal building,
commencing on August 29 , 1996, 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 August 29, 1996 .
Municipal Clerk
(SEAL)
elk
Ordinance No. G44-96
AN ORDINANCE
AMENDING TITLE 19, ENTITLED "ZONING" OF THE
ELGIN MUNICIPAL CODE, 1976 , AS AMENDED
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 Section 19 . 35 .230 of Title 19, entitled
"Zoning" of the Elgin Municipal Code, 1976 , as amended, be and
is hereby further amended by adding to the list of conditional
uses the following:
eibk B. Conditional Uses
Miscellaneous Uses Division
28 . Accessory package liquor sales
establishment (SR) (UNCL) .
Section 2 . That Section 19 . 35 . 330 of Title 19 , entitled
"Zoning" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by deleting from the list of
permitted uses the following:
A. 67 . Liquor stores ( 592 ) and renumber
remaining uses .
Section 3 . That Section 19 . 35 . 330 of Title 19 , entitled
"Zoning" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by adding to the list of conditional
uses the following:
B. Conditional Uses
Retail Trade Division
15 . Package liquor sales establishments
(SR) (5921) and renumber remaining uses .
eew
Miscellaneous Uses Division
31 . Accessory package liquor sales
establishment (SR) (UNCL) and renumber
remaining uses .
Section 4 . That Section 19 . 35 .430 of Title 19 , entitled
"Zoning" of the Elgin Municipal Code, 1976 , as amended, be and
is hereby further amended by deleting from the list of
permitted uses the following:
A. 79 . Liquor stores (592 ) and renumber
remaining uses .
Section 5 . That Section 19 . 35 . 430 of Title 19, entitled
"Zoning" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by adding to the list of conditional
uses the following:
B. Conditional Uses
Retail Trade Division
18 . Package liquor sales establishments
(SR) ( 5921) and renumber remaining uses .
Miscellaneous Uses Division
38 . Accessory package liquor sales
establishment (SR) (UNCL) and renumber
remaining uses .
Section 6 . That Section 19 . 35 . 530 of Title 19, entitled
"Zoning" of the Elgin Municipal Code, 1976 , as amended, be and
is hereby further amended by deleting from the list of
permitted uses the following:
A. 77 . Liquor stores (592 ) and renumber
remaining uses .
Section 7 . That Section 19 . 35 . 530 of Title 19 , entitled
"Zoning" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by adding to the list of conditional
uses the following:
B. Conditional Uses
Retail Trade Division
10 . Package liquor sales establishments
(SR) ( 5921) and renumber remaining uses .
Miscellaneous Uses Division
29 . Accessory package liquor sales
establishment (SR) (UNCL) and renumber
remaining uses .
Section 8 . That Section 19 . 35 . 730 of Title 19 , entitled
"Zoning" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by deleting from the list of
permitted uses the following:
A. 82 . Liquor stores ( 592 ) and renumber
remaining uses .
Section 9 . That Section 19 . 35 . 730 of Title 19 , entitled
"Zoning" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by adding to the list of conditional
uses the following:
B. Conditional Uses
Retail Trade Division
18 . Package liquor sales establishments
(SR) (5921) and renumber remaining uses .
Miscellaneous Uses Division
38 . Accessory package liquor sales
establishment (SR) (UNCL) and renumber
remaining uses .
Section 10 . That Section 19 .40 . 130 of Title 19 , entitled
"Zoning" of the Elgin Municipal Code, 1976 , as amended, be and
is hereby further amended by adding to the list of conditional
uses the following:
B. Conditional Uses
Miscellaneous Uses Division
40 . Accessory package liquor sales
establishment (SR) (UNCL) and renumber
remaining uses .
Section 11 . That Section 19 .40 . 330 of Title 19 , entitled
"Zoning" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by adding to the list of conditional
uses the following:
B. Conditional Uses
Miscellaneous Uses Division
38 . Accessory package liquor sales
establishment (SR) (UNCL) and renumber
remaining uses .
Section 12 . That Section 19 . 40 .530 of Title 19, entitled
"Zoning" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by deleting from the list of
permitted uses the following:
A. 93 . Liquor stores ( 592 ) and renumber
remaining uses .
Section 13 . That Section 19 . 40 . 530 of Title 19, entitled
"Zoning" of the Elgin Municipal Code, 1976 , as amended, be and
is hereby further amended by adding to the list of conditional
uses the following:
B. Conditional Uses
Retail Trade Division
14 . Package liquor sales establishments
(SR) ( 5921) and renumber remaining uses .
Miscellaneous Uses Division
42 . Accessory package liquor sales
establishment (SR) (UNCL) and renumber
remaining uses .
Section 14 . That Chapter 19 . 90 of Title 19, entitled
"Zoning" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by adding the following:
19 . 90 . 047 Alcoholic Liquor.
"Alcoholic liquor" shall, in addition to its
definition in the Liquor Control Act, include the
following: Any beverage containing any alcoholic
content, including those beverages commonly known as
or marketed as "near beer, " "non alcoholic beer, " or
"non alcoholic wine" .
Section 15 . That Chapter 19 . 90 of Title 19 , entitled
"Zoning" of the Elgin Municipal Code, 1976 , as amended, be and
is hereby further amended by adding the following:
19 . 90 . 048 Alcoholic Liquor, Package Liquor Sales
Establishment.
A business having as its primary purpose the retail
sales of "alcoholic liquors" in original package for
consumption off premises .
"Package liquor sales establishments" shall be
subject to the following conditions :
a. Distancing Requirements . A "package
liquor sales establishment" shall not be
located less than 100 feet from any
church; school, other than an institution
of higher learning; hospital; home for
aged persons, indigent persons, or
veterans; or any military or naval station.
rak b. Dispersion. A "package liquor sales
establishment" shall not be located less
than 100 feet from another "package liquor
sales establishment" , nor less than 100
feet from an "accessory package liquor
sales establishment" .
c . Measurement. The distance limitations in
subsections (a) and (b) shall be measured
in a straight line from the nearest point
on the nearest lot line of the "package
liquor sales establishment" to the nearest
point on the nearest exterior structural
wall of any area of a church which is used
for worship services or educational
programs . In all other cases, the
distance of 100 feet shall be measured
from the nearest point on the nearest lot
line of the "package liquor sales
establishment" to the nearest point on the
nearest lot line of a school, other than
an institution of higher learning;
hospital; home for aged persons, indigent
persons, or veterans; or any military or
naval station.
d. Off street parking. No "package liquor
sales establishment" shall be located on a
"zoning lot" in the CC1 Center City
District nor in the CC2 Center City
District unless the minimum number of
parking spaces are provided on said
"zoning lot" as required under Section
19 .45 . 080 of this code, as amended, or
unless the zoning lot is located within
250 feet of a municipal off street parking
facility.
Section 16 . That Chapter 19 . 90 of Title 19, entitled
"Zoning" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by adding the following:
19 . 90 . 049 Alcoholic Liquor, Accessory Package Liquor
Sales Establishment.
A business having as a subordinate purpose the
retail sales of "alcoholic liquors" in original
package for consumption off premises .
"Accessory package liquor sales establishments"
shall be subject to the following conditions :
a. Distancing Requirements . An "accessory
package liquor sales establishment" shall
not be located less than 100 feet from any
church; school, other than an institution
of higher learning; hospital; home for
aged persons, indigent persons, or
veterans; or any military or naval station.
b. Dispersion. An "accessory package liquor
sales establishment" shall not be located
less than 100 feet from another "accessory
package liquor sales establishment" , nor
less than 100 feet from a "package liquor
sales establishment" .
c. Measurement. The distance limitations in
subsections (a) and (b) shall be measured
in a straight line from the nearest point
on the nearest lot line of the "package
liquor sales establishment" to the nearest
point on the nearest exterior structural
wall of any area of a church which is used
for worship services or educational
programs . In all other cases, the
distance of 100 feet shall be measured
from the nearest point on the nearest lot
line of the "package liquor sales
r establishment" to the nearest point on the
nearest lot line of a school, other than
an institution of higher learning;
hospital; home for aged persons, indigent
persons, or veterans; or any military or
naval station.
d. Off street parking. No "accessory package
liquor sales establishment" shall be
located on a "zoning lot" in the CC1
Center City District nor in the CC2 Center
City District unless the minimum number of
parking spaces are provided on said
"zoning lot" as required under Section
19 . 45 . 080 of this code, as amended, or
unless the zoning lot is located within
250 feet of a municipal off street parking
facility.
Section 17 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 18 . That this ordinance shall be in full force
and effect after its passage and publication in the manner
provided by law.
Kevin Kelly,Kelly, May
Presented: August 28, 1996
Passed: August 28, 1996
Omnibus Vote: Yeas 7 Nays 0
Recorded: August 29 , 1996
Published: August 29 , 1996
Attest:
Dolonna Mecum, City Clerk