G75-97 Ordinance No. G75-97
AN ORDINANCE
AMENDING CHAPTER 19, ENTITLED "ZONING" OF THE
ELGIN MUNICIPAL CODE, 1976 , AS AMENDED
WHEREAS, written application has been made to amend the
Elgin Zoning Ordinance provisions pertaining to nonconforming
uses ; 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
Section 1 . That Chapter 19 . 90 entitled "Supplementary
Regulations" of the Elgin Municipal Code, 1976 , as amended, be
and is hereby further amended by amending Section 19 . 90 . 845 to
read as follows :
"Nonconforming Use" shall mean any use of land,
emk or the structure or building thereon, existing on the
effective date of this title, or any subsequent
amendment hereto, that does not, even though lawfully
established, comply with all of the regulations of
this title for the zoning district in which such
land, or the structure or building thereon, is
located .
A. When a valid building permit or occupancy
permit cannot be produced to substantiate the lawful
establishment of a nonconforming use of land located
in the HP Historic Preservation District, RC1 , RC2
and RC3 Residence Conservation Districts , SFR1 and
SFR2 Single-Family Residence Districts, TFR
Two-Family Residence District, or MFR Multiple-Family
Residence District, each of the following criteria
shall be substantiated before the nonconforming use
of land is recognized as having been lawfully
established:
1 . The building or structure, or the
modification to the building or structure that
created the nonconforming use of land, was con-
structed before January 1, 1992 .
2 . The nonconforming use of land complies
ema" with all applicable provisions of the City of
Elgin Building Code, Plumbing Code, Electrical
Code, Fire Prevention Code, and the Heating,
Ventilating and Air Conditioning Code, Elgin
Historic Preservation Ordinance, and Rental
Residential Property Licensing Ordinance .
3 . The current record owner of the
nonconforming use of land was not issued a
written notice from the city in which the record
owner was cited for establishing the unlawful
nonconforming use of land and ordered to abate
the unlawful nonconforming use of land, nor was
the current record owner denied a building
permit to create the unlawful nonconforming use
of land, nor was current record owner denied any
relief relating to the nonconforming use of land
requested in a petition filed before the Zoning
and Subdivision Hearing Board or the Planning
and Development Commission.
4 . An application for a Land Use •
Determination for the nonconforming use of land
was filed with the Department of Code
Administration and Neighborhood Affairs not
later than 180 days from the effective date of
this ordinance .
B. In addition to the requirements set forth
in subparagraph (A) of this section, nonconforming
uses of land established before January 1, 1960 shall
be substantiated by the following sources :
1 . The nonconforming use of land shall be
substantiated by one of the following sources :
a . A Land Use Determination issued
by the City of Elgin indicating that the
nonconforming use of land was established
before January 1 , 1960 , or;
b. Real property tax assessment
records maintained by either the Kane
County Supervisor of Assessments or the
Cook County Assessor indicating that the
nonconforming use of land was established
before January 1 , 1960 .
2 . If the documentation required in
subparagraph (B) ( 1 ) (a) or subparagraph (B) ( 1 ) (b)
of this section cannot be produced, the
nonconforming use of land shall be substantiated
by any two ( 2 ) of the following sources
indicating that the nonconforming use of land
was established before January 1, 1960 :
a . A city building permit making
tr` reference to the nonconforming use of land.
b. The directory published by the
Multiple Listing Service of Northern
Illinois (MLS ) .
c . Utility company records from any
utility company servicing the nonconforming
use of land or the existence of utility
meters serving separate dwelling units
[SR] . Utility meters for common areas of
the premises shall not be deemed to satisfy
this criteria.
d. One or both of the two
publications listing the names and
addresses of persons residing within the
city, said publications being commonly
referred to as the Polk Directory and the
Haynes Directory.
e. A Sanborn Fire Rating Map.
f . A City of Elgin 1939 Residential
Survey Card.
eft g. A classified advertisement
appearing in a regularly published
newspaper.
h. Land use survey maps completed by
the city in the years 1972 or 1986 .
Nonconforming uses of land appearing on
both the 1972 and 1986 land use survey maps
shall not constitute two sources for
purposes of subparagraph (B) ( 2 ) of this
section.
i . Mortgage documentation or
qualified appraisal records from a
financial institution made in conjunction
with a mortgage loan application or
mortgage loan refinancing for the
nonconforming use of land.
j . Signed and dated federal income
tax records including a Schedule E form
referencing the nonconforming use of land.
C. In addition to the requirements set forth
in subparagraph (A) of this section, nonconforming
/f►- uses of land established after January 1, 1960 and
r
before January 1, 1992 shall be substantiated by the
following sources :
1 . The nonconforming use of land shall be
substantiated by one of the following sources :
a. A Land Use Determination issued
by the City of Elgin indicating that the
nonconforming use of land was established
before January 1, 1992 , or;
b. Real property tax assessment
records maintained by either the Kane Coun-
ty Supervisor of Assessments or the Cook
County Assessor indicating that the noncon-
forming use of land was established before
January 1 , 1992 .
2 . If the documentation required in
subparagraph (C) ( 1 ) (a) or subparagraph (C) ( 1) (b)
of this section cannot be produced, the
nonconforming use of land shall be substantiated
by any three ( 3 ) of the following sources
indicating that the nonconforming use of land
was established before January 1 , 1992 :
�r. a . A city building permit making
f reference to the nonconforming use of land.
b. The directory published by the
Multiple Listing Service of Northern
Illinois (MLS) .
c . Utility company records from any
utility company servicing the nonconforming
use of land or the existence of utility
meters serving separate dwelling units .
Utility meters for common areas of the
premises shall not be deemed to satisfy
this criteria .
d. One or both of the two
publications listing the names and
addresses of persons residing within the
city, said publications being commonly
referred to as the Polk Directory and the
Haynes Directory.
e. A Sanborn Fire Rating Map.
f . A City of Elgin 1939 Residential
Survey Card.
g. A classified advertisement
rm. appearing in a regularly published
newspaper.
h. Land use survey maps completed by
the city in the years 1972 or 1986 .
Nonconforming uses of land appearing on
both the 1972 and 1986 land use survey maps
shall not constitute two sources for
purposes of subparagraph (C) ( 2 ) of this
section.
i . Mortgage documentation or
qualified appraisal records from a
financial institution made in conjunction
with a mortgage loan application or
mortgage loan refinancing for the
nonconforming use of land.
j . Signed and dated federal income
tax records including a Schedule E form
referencing the nonconforming use of land.
3 . In addition to the requirements set
forth in subparagraphs (C) ( 1 ) and (C) ( 2 ) of this
section, nonconforming uses of land established
fek after January 1 , 1960 and before January 1, 1992
shall comply with the off-street parking
provisions set forth in Chapter 19 . 45 of this
title . If the nonconforming use of land cannot
create off-street parking facilities [SR] in
accordance with the provisions set forth in
Chapter 19 . 45 of this title, one and one-half
( 1 . 5 ) off-street parking stalls [SR] for each
dwelling unit [SR] shall be created on the
zoning lot [ SR] in which the nonconforming use
of land is located, and the nonconforming use of
land shall otherwise comply with Chapter 19 . 45
and all other applicable sections of this title .
Section 2 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 3 . That this ordinance shall be in full force and
effect after its passage and publication in the manner provided
by law.
me
Kevin Kelly, Mayor
Presented : December. 3 , 1997
Passed : December 3 , 1997
Omnibus Vote : Yeas 7 Nays 0
Recorded: December 4 , 1997
Published:
Attest :
D.lonna Mecum, C ' ty Clerk
Ordinance No. G75-97
AN ORDINANCE
AMENDING CHAPTER 19, ENTITLED "ZONING" OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED
WHEREAS, written application has been made to amend the
Elgin Zoning Ordinance provisions pertaining to nonconforming
uses; 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
Section 1. That Chapter . 19 . 90 entitled "Supplementary
Regulations" of the Elgin Municipal Code, 1976, as amended, be
and is hereby further amended by amending Section 19 . 90 .845 to
read as follows :
"Nonconforming Use" shall mean any use of land,
or the structure or building thereon, existing on the
effective date of this title, or any subsequent
amendment hereto, that does not, even though lawfully
established, comply with all of the regulations of
this title for the zoning district in which such
land, or the structure or building thereon, is
located.
A. When a valid building permit or occupancy
permit cannot be produced to substantiate the lawful
establishment of a nonconforming use of land located
in the HP Historic Preservation District, RC1, RC2
and RC3 Residence Conservation Districts, SFR1 and
SFR2 Single-Family Residence Districts, TFR
Two-Family Residence District, or MFR Multiple-Family
Residence District, each of the following criteria
shall be substantiated before the nonconforming use
of land is recognized as having been lawfully
established:
1 . The building or structure, or the
modification to the building or structure that
created the nonconforming use of land, was con-
structed before January 1 , 1992 .
2 . The nonconforming use of land complies
with all applicable provisions of the City of
Elgin Building Code, Plumbing Code, Electrical
Code, Fire Prevention Code, and the Heating,
• Ventilating and Air Conditioning Code, Elgin
Historic Preservation Ordinance, and Rental
Residential Property Licensing Ordinance.
3 . The current record owner of the
nonconforming use of land was not issued a
written notice from the city in which the record
owner was cited for establishing the unlawful
nonconforming use of land and ordered to abate
the unlawful nonconforming use of land, nor was
the current record owner denied a building
permit to create the unlawful nonconforming use
of land, nor was current record owner denied any
relief relating to the nonconforming use of land
requested in a petition filed before the Zoning
and Subdivision Hearing Board or the Planning
and Development Commission.
4 . An application for a Land Use
Determination for the nonconforming use of land
was filed with the Department of Code
Administration and Neighborhood Affairs not
later than 180 days from the effective date of
this ordinance.
B. In addition to the requirements set forth
in subparagraph (A) of this section, nonconforming
uses of land established before January 1, 1960 shall
be substantiated by the following sources :
1 . The nonconforming use of land shall be
substantiated by one of the following sources :
a. A Land Use Determination issued
by the City of Elgin indicating that the
nonconforming use of land was established
before January 1, 1960, or;
b. Real property tax assessment
records maintained by either the Kane
County Supervisor of Assessments or the
Cook County Assessor indicating that the
nonconforming use of land was established
before January 1, 1960 .
2 . If the documentation required in
subparagraph (B) ( 1 ) (a) or subparagraph (B) ( 1) (b)
of this section cannot be produced, the
nonconforming use of land shall be substantiated
by any two ( 2 ) of the following sources
indicating that the nonconforming use of land
was established before January 1, 1960 :
a. A city building permit making
reference to the nonconforming use of land.
b. The directory published by the
Multiple Listing Service of Northern
Illinois (MLS) .
c. Utility company records from any
utility company servicing the nonconforming
use of land or the existence of utility
meters serving separate dwelling units
[SR] . Utility meters for common areas of
the premises shall not be deemed to satisfy
this criteria .
d. One or both of the two
publications listing the names and
addresses of persons residing within the
city, said publications being commonly
referred to as the Polk Directory and the
Haynes Directory.
e. A Sanborn Fire Rating Map.
f . A City of Elgin 1939 Residential
Survey Card.
g. A classified advertisement
appearing in a regularly published
newspaper.
h. Land use survey maps completed by
the city in the years 1972 or 1986 .
Nonconforming uses of land appearing on
both the 1972 and 1986 land use survey maps
shall not constitute two sources for
purposes of subparagraph (B) (2 ) of this
section.
i . Mortgage documentation or
qualified appraisal records from a
financial institution made in conjunction
with a mortgage loan application or
mortgage loan refinancing for the
nonconforming use of land.
j . Signed and dated federal income
tax records including a Schedule E form
referencing the nonconforming use of land.
C. In addition to the requirements set forth
in subparagraph (A) of this section, nonconforming
uses of land established after January 1, 1960 and
before January 1, 1992 shall be substantiated by the
• following sources :
1 . The nonconforming use of land shall be
substantiated by one of the following sources :
a. A Land Use Determination issued
by the City of Elgin indicating that the
nonconforming use of land was established
before January 1, 1992, or;
b. Real property tax assessment
records maintained by either the Kane Coun-
ty Supervisor of Assessments or the Cook
County Assessor indicating that the noncon-
forming use of land was established before
January 1, 1992 .
2 . If the documentation required in
subparagraph (C) ( 1) (a) or subparagraph (C) ( 1) (b)
of this section cannot be produced, the
nonconforming use of land shall be substantiated
by any three ( 3) of the following sources
indicating that the nonconforming use of land
was established before January 1, 1992 :
a. A city building permit making
reference to the nonconforming use of land.
b. The directory published by the
Multiple Listing Service of Northern
Illinois (MLS) .
c . Utility company records from any
utility company servicing the nonconforming
use of land or the existence of utility
meters serving separate dwelling units .
Utility meters for common areas of the
premises shall not be deemed to satisfy
this criteria.
d. One or both of the two
publications listing the names and
addresses of persons residing within the
city, said publications being commonly
referred to as the Polk Directory and the
Haynes Directory.
e. A Sanborn Fire Rating Map.
f . A City of Elgin 1939 Residential
Survey Card.
g. A classified advertisement
• appearing in a regularly published
newspaper.
h. Land use survey maps completed by
the city in the years 1972 or 1986 .
Nonconforming uses of land appearing on
both the 1972 and 1986 land use survey maps
shall not constitute two sources for
purposes of subparagraph (C) (2 ) of this
section.
i . Mortgage documentation or
qualified appraisal records from a
financial institution made in conjunction
with a mortgage loan application or
mortgage loan refinancing for the
nonconforming use of land.
j . Signed and dated federal income
tax records including a Schedule E form
referencing the nonconforming use of land.
3 . In addition to the requirements set
forth in subparagraphs (C) ( 1) and (C) ( 2 ) of this
section, nonconforming uses of land established
after January 1, 1960 and before January 1, 1992
shall comply with the off-street parking
provisions set forth in Chapter 19 . 45 of this
title. If the nonconforming use of land cannot
create off-street parking facilities [SR] in
accordance with the provisions set forth in
Chapter 19 . 45 of this title, one and one-half
( 1 . 5) off-street parking stalls [SR] for each
dwelling unit [SR] shall be created on the
zoning lot [SR] in which the nonconforming use
of land is located, and the nonconforming use of
land shall otherwise comply with Chapter 19 . 45
and all other applicable sections of this title .
Section 2 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 3 . That this ordinance shall be in full force and
effect after its passage and publication in the manner provided
by law.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: December 3, 1997
Passed: December 3, 1997
Omnibus Vote: Yeas 7 Nays 0
Recorded: December 4, 1997
Published:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
November 3, 1997
FINDINGS OF FACT
Planning and Development Commission City of Elgin, Illinois
SUBJECT
Consideration of Petition 67-97 Requesting an Amendment to the
Text of Title 19, Zoning, of the Elgin Municipal Code, concerning
the Nonconforming Use Status of Two Family and Multiple Family
Residential Conversions in all Residence Districts by the City of
Elgin, as Applicant.
BACKGROUND
An application has been filed by the City of Elgin requesting an
amendment to the Elgin Zoning Ordinance. The concept for the
amendment was developed by the Multiple Family Deconversion Task
Force. The text was prepared by the Legal Department.
The proposed amendment establishes the criteria for classifying a
two family or multiple family residential conversion as a
eimm. nonconforming use.
FINDINGS
After due notice, as required by law, the Planning and
Development Commission held a public hearing in consideration of
Petition 67-97 on October 20, 1997 . The applicant testified at
the hearing and presented documentary evidence in support of the
application. Objectors appeared at the hearing. Written
correspondence has been submitted. The Legal Department has
submitted a draft document entitled, An Ordinance Amending
Chapter 19, Entitled "Zoning" , of the Elgin Municipal Code, 1976 ,
as Amended (Final Revision) .
The Planning and Development Commission has made the following
findings concerning the requested text amendment:
1 . That the zoning status of each property in question
should be reviewed on a case by case basis by a city
board or commission.
'2 . That the proposal should be balanced more in favor of
maintaining the integrity of the zoning ordinance.
FINDINGS OF FACT Planning and Development Commission
Petition 67-97 November 3, 1997
3 . That the parking section of the proposed ordinance
should be revised to require parking only when it is
physically possible.
RECOMMENDATION
The Planning and Development Commission recommends the denial of
Petition 67-97 .
On a motion to approve Petition 67-97, the vote was two (2) yes
and five (5) no. Therefore, the motion to recommend the approval
of Petition 67-97 failed.
elZgall&X altirtatATZI.A.RAMiS•
Robert W. Siljestrom, Chairman
Planning and Development Commission
..szlows
Jer Deering, Secretary
Planning and Development Commission
Page 2
7FINDING/PZTEXT/3000DV.SV/3200PD.PC/3240TX.AM/3240ZG. 97/PET67 . 97
f
ik
RELATED COMMUNICATION
PETITION 67-97
COVER/PZTEXT/3000DV.SV/3200PD.PC/3240TX.AM/3240ZG. 97/PET67 . 97
•
•• • •� �•
••* •• •
•;•;• Neighborhood Housing Services of Elgin, Inc.
•• • 300 Douglas Avenue ❖ Elgin,Illinois 60120 ❖ 847 695-0399 ❖ Fax 847 695-7011
• • •"• •'
• • * , •
•
September 11, 1997
Mission Statement Mr. Robert Siljestrom,Chairman
To renew pride,restore confidence, Planning and Development Commission
promote reinvestment and revitalize City of Elgin
the NHS neighborhoods through the 150 Dexter Court
efforts of local residents,financial Elgin, IL 60120
institutions,the business community,
foundations and local government RE: Unlawful Residential Uses Task Force Recommendation
Board of Directors Dear Chairman Siljestrom:
Officers
OR behalf of the Board of Directors of Neighborhood Housing Services, I offer the
following comment on the above captioned item that is scheduled to come before the
President Planning and Development Commission.
David Tawe
First Vice President NHS has been working to develop strategies that restore pride and promote
Karen Schock reinvestment in Elgin's neighborhoods for nearly two decades. In that time, NHS has
become well aware of the impact that overcrowded and neglected properties have on
Second Vice President neighborhood value. As outlined in a recent study of neighborhood stress, prepared by
Sheryl Traficano the Planning Department,overcrowding was used as one of the criteria to determine
AmkTreasurer the stress level in Elgin's neighborhoods.
tr Eric Stuckey
The NHS Board of Directors understands the difficult and complex question facing the
Secretary Task Force the Planning Development Commission,the City Council and ultimately the
Marc Falk community regarding unlawful residential uses.The Task Force appears to have
weighed virtually every issue against one another to attempt to arrive at some
Directors consensus on how to handle these properties now and in the future.The Board has
Dan Corcoran grown to appreciate the complexity of the question and the community's desire to
mitigate the impact of these unlawful uses.The NHS Board of Directors sees the
Jack Darr recommendation by the Task Force as reasonable and equitable.The development of
Jeffrey Gocken the new Multi-Family Conversion Program was based on the elimination of lawful,
Denise Harding-Hopkins residential uses.The subsquent revision to include owner-occupied, unlawful uses and
Diane Krzystofayk the extension of additional funding to include a portion of the units in question by the
Larry McMurray Task Force are seen as further steps to temper the negative impact these units have on
neighborhoods and property values.
Cherie Murphy
Rose Oliver It is the recommendation of the NHS Board of Directors that the Planning and
Rhonda Pokoj Development Commission approve the recommendation of the Task Force on Unlawful
Jim Schneff Residential Uses as submitted. Please extend our thanks to the Commissioners for
their careful consideration of this important issue.
Reggie Stephens
Sincerely,
Executive Director , /f7 .
Stuart Wasilowski ,.et :Al_A-:/,��
David Towe
N i
a NeighborWorks member Building Pride, City-wide!
,_ •
•
Greg Tyson
36 S. Commonwealth
Elgin, IL 60123
(847) 931-1154
Sept. 24, 1997
Mayor& City Council Members
City of Elgin
150 Dexter Court
Elgin, IL 60123
Dear Mayor& Council Members,
I would like to take this opportunity to thank you for giving me the opportunity to serve
on the Zoning and Subdivision Hearing Board. I hope that I have brought valuable
knowledge and additional perspectives to the board. There is no doubt that this
opportunity has given me additional knowledge and information.
I would also like to thank the Council members and the volunteers who have spent many
hours working to write a deconversion policy. Although I have only seen a draft proposal,
there is a question in regard to the intent of the wordage and without doubt a question
with the implementation of the program.
If you are to read the proposal it would seem that this text amendment to the City of
Elgin's zoning ordinance is a good compromise between all parties concerned. However,
with closer examination, I would like to call your attention to the section concerning
parking. Current language indicates that the property owner must first establish that the
current building usage was established prior to 1992. After this usage has been
documented, if the usage was established between 1962 and 1992, the building must
adhere to current parking standards.
There is a formula and a set of criteria that is used to establish the allowable number of
parking spaces within a given parcel of land. Our Zoning ordinances establish
construction specifications when establishing a parking area. These specifications include
landscaping, curbing, where and how many egresses to name a few.
It will be very difficult for a residence that was established a number of years ago to be
able to adhere to current zoning standards. Most homes that were established prior to
1992, single family or multi-family, will not be able to conform to the adherence of the
current zoning ordinance.
It is important that we obtain additional off street parking, but we cannot make the criteria
too cumbersome. I would like to offer a solution to this problem. The text amendment
should call for property owners to install as many off street parking spaces as the zoning
ordinance will allow, up to two stalls per unit. This differs from the current language
because the property owner will have to obtain "as many" parking stalls rather than a
mandated number. This will allow for some flexibility, but obtain a benefit of additional
off street parking. This by no means will imply-that BOCA construction standards will not
be adhered to.
Please instruct staff to give you additional information in regards to the implementation of
both t - current proposed language and the suggested language.
Sine; ; y,
CC: Mayor Kevin Kelly
Councilman Terry Gavin •
Councilman Robert Gilliam
Councilman John McKevitt
Councilman Ed Schock
Councilman John Walters
Councilwoman Marie Yearman
r
Mr.Robert Siljerstrom,Chairman
Elgin Planning Commission
City Hall
150 Dexter Ct.
Elgin, IL 60120
October 9, 1997
Dear Mr. Siljerstrom:
I am writing to express my opposition to the proposed ordinance,Amending Chapter 19 Entitled"Zoning"
of the Elgin Municipal Code, 1996 As Amended.
As an active member of the Original Eastside Neighbors,I have worked very hard to help to improve our
neighborhood. These efforts would be negated by passage of the aforementioned ordinance. Wholesale
grandfathering of illegal uses will only put us further behind in our efforts to improve overcrowded
neighborhoods.
As Chairman of the Image Advisory Commission, I have seen first hand how we need to fight the"image"
battle everyday. I am not commenting on behalf of the commission,but from my experience passage of
this measure will not bode well for Elgin's stature.
Please send the City Council a message,that Elgin will not put up with overcrowded, illegal uses that
negatively impact neighborhoods. We have come to far in improving this city,we can't afford to start
reversing that progress.
Si ely/
avid A. Berkey
28 N.Gifford St.
Elgin, IL 60120
r
7
• IRD REVISION
AN ORDINANCE
AMENDING CHAPTER 19, ENTITLED "ZONING," OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED
1 WHEREAS, written application has been made to amend the Elgin Zoning
2 Ordinance provisions pertaining to nonconforming uses; and
3 WHEREAS, the Planning and Development Commission held a public hearing
4 concerning the proposed amendment after due notice in manner provided by law; and
5 WHEREAS, the Planning and Development Commission has submitted its written
6 findings and recommendation that the requested amendment be granted; and
7 WHEREAS, the City Council of he City of Elgin, Illinois, concurs in the findings
8 and recommendation of the Planning and Development Commission.
9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
10 OF ELGIN, ILLINOIS:
Section 1. That Chapter 19.90 entitled "Supplementary Regulations,' of the Elgin
Municipal Code, 1976, as amended, be and is hereby further amended by amending
13 Section 19.90.845 to read as follows:
14 "Nonconforming Use" shall mean any use of land, or the structure or building
15 thereon, existing on the effective date of this title, or any subsequent amendment hereto,
16 that does not, even though lawfully established, comply with all of the regulations of
17 this title for the zoning district in which such land, or the structure or building thereon,
18 is located.
19 W. -n . V. '• . _ •' a . . - y•.' •r • .. . , e.e- . • • .- •r•• _ • •
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28 January 1. 1992,
ribk2 The n_onconforn ing use_of land was documented before January 1. 1992
30 in the real property tax assessment records maintained by either the Kane
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64 6, The current record owner of the nonconforming use of land was not issued
65 a written notice from_the city in which the record owner was cited for
establishing the $ -wful nonconforming use of mid and ordered to abate
67 the unlawful nonconforming use of land. nor was the current record
68 owner denied a building pe_cit to create the unlawful nonconforming use
69 of land. nor was current record owner denied any relief relating to the
70 nonconforming use of land requested in a petition filed before the Zoning
71 and aubciiyision Hearing Bold or the Planning_ and Development
72 Commission.
73 L An application for a Land Use Dete urination for the nonconforming use
74 of land was filed with the Departpent of Cede Administration and
75 Neighborhood Affairs not later thann4 days from the effective date of this
76 ordinance.
77 Section 2. That all ordinances or parts of ordinances in conflict with the
78 provisions of this ordinance be and are hereby repealed.
79 Section 3. That this ordinance shall be in full force and effect after its passage and
80 publication in the manner provided by law.
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i Concentration of 2 and 3 unit properties
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El 3 unit buildings
SogMliTgL 71- 3
OCTOBER 20, 1997 .1,6i4 -r
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CITY COUNCIL MEETING
ILLEGAL NON-CONFORMING USE
THE OWNERS OF THE BUILDINGS IN QUESTIONS TODAY
SHOULD NOT BE SURPRISED THAT WE ARE HERE DISCUSSING
THIS ISSUE.
FOR OVER TWO YEARS THE CITY HAS BEEN WORKING ON THE
ISSUE OF THE NON-CONFORMING USE OF BUILDINGS.
LANDLORDS WERE GIVEN THIS PERIOD OF TIME TO PROVE
THAT THESE CONVERSION TOOK PLACE PRIOR TO 1960 OR THAT
THE BUILDING CONFORMS TO CURRENT STANDARDS SET
FORTH.
DURING THIS TWO YEAR PERIOD, NOT TO MENTION, SINCE THE
1992 AMENDMENT OF THE 1976 ELGIN MUNICIPAL CODE, 176
LANDLORDS OF THE PROPOSED BUILDINGS HAVE BEEN
COLLECTING RENT -- ILLEGALLY!
MORE THAN TWO YEARS LA 1'ER, THEY HAVE MADE A CHOICE
NOT TO COMPLY.
DURING THIS SAME PERIOD, LANDOWNERS HAD THE RIGHT TO
CONVERT THEIR BUILDINGS BACK TO THE ORIGINAL OR
DOCUMEN l'ED USE -- BEING EITHER SINGLE FAMILY, 2 FLAT,
ETC. THEY ALSO COULD HAVE SOLD THE BUILDING,
OBVIOUSLY LETTING THE NEW OWNER KNOW THAT IT WOULD
HAVE TO ELIMINATE ALL ILLEGAL UNITS.
IN THE LAST 2 YEARS OR MORE, HUNDREDS OF LANDOWNERS
HAVE TAKEN THE HIGH ROAD AND MADE THE NECESSARY
CHANGES OR HAVE SOLD THEIR PROPERTY TO SOMEONE WHO
WAS WILLING TO RETURN IT TO IT'S PROPER USE WITH THE
HELP OF THE CITY.
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THESE 176 HAVE PLAYED A WAITING GAME TO SEE IF THE CITY
WOULD SWEE l'EN THE DEAL. SO NOT ONLY HAVE THEY
COLLEC 1'ED ILLEGAL RENTS, THEY ARE LOOKING FOR MORE
HANDOUTS. WHY WOULD WE WANT TO BEND THE RULES
EVEN FARTHER?
DOING THAT WOULD CAUSE THE CITY TO LOOSE IT'S
CREDIBILITY WITH THOSE WHO HAVE ALREADY CONFORMED.
IN OTHER SITUATIONS, ILLEGAL CONVERSIONS HAVE TAKEN
PLACE AS RECENTLY AS 1996, A CLEAR DISREGARD FOR THE
LAW IN PLACE.
THE CODES MUST BE FOLLOWED, THE LANDLORDS HAVE
LITTLE INCENTIVE TO MAKE CHANGES BECAUSE THEW MONEY
IS FLOWING IN. THEY WILL HOLD OFF AS LONG AS WE LET
THEM.
THEY HAVE COLLECTED RENTS FROM UNSUSPECTING TENANTS
WHO MAY NOT BE AWARE THAT THEIR RESIDENCE IS ILLEGAL
AND THAT THEY MAY HAVE TO RELOCAI'E.
AT LEAST HALF OF THE BUILDINGS IN QUESTION ARE NOT
OWNER OCCUPIED. SOME HAVE SUBJECTED THEIR TENANTS,
WHO HAVE PAID RENT, TO OVERCROWDED, UNSANITARY AND
SOMETIMES UNSAFE LIVING CONDITIONS.
WE KNOW THAT DECONVERTING THESE DWELLINGS WILL
FORCE FOLKS TO RELOCA 1'E. WE WOULD LIKE TO SEE THE
LANDLORDS WHO HAVE DISADVANTAGED THEIR TENANTS TO
HAVE TO PROVIDE FOR RELOCATION EXPENSES FOR ANY
RENTER WHO HAD MOVED IN AF TER THE CITY HAS DECLARED
THE UNITS ILLEGAL.
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WE WOULD HOPE THAT THE CITY OF ELGIN COULD USE THE
MANPOWER RESOURCES IT HAS TO PROVIDE RELOCATION
ASSISTANCE TO ANYONE DISPLACED WILLING TO COOPERA 1'L
WITH THE REQUIREMENTS SIMILAR TO THE PROGRAM
PROVIDED FOR CASALINDA.
IT IS TIME THAT WE SEND A MESSAGE THAT ELGIN IS NO
LONGER THE PLACE FOR SLUMLORDS TO SET UP SHOP.
IMPROVING OUR HOUSING STOCKS IS A WIN-WIN FOR
EVERYONE WHO HAS A REAL VESTED INTEREST IN LIVING IN
ELGIN.
BY DARLENE M. BRUNS KANOSKI
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October 20, 1997
To: Robert Siljestrom, Planning Commission Chairman
From: Sheri Buttstadt
687 Linden Ave. Elgin, IL 60120
Thank you for listening to everyone's comments this evening on a rather complex and emotionally charged issue.
I strongly urge you to vote no on the ordinance addressing properties that have been illegally converted before you this
evening. (The version I have been given has"Final Revision"at its heading.)
• From a tax payers point of view, I am very disturbed about an ordinance which proposes to offer a financially lucrative
'deal'to the owners of the properties in question.
- For every unit that is given legal status,as taxpayers we will have to continue to pay for all of the additional city services
such as police,fire, garbage collection.
- Local schools were not built to house the number of students now being crammed into the classrooms. Voters are
hesitant to build new schools for the 1,000+students that are flooding into the system as new homes are built, let alone
to pay for students crammed into illegally established residences.
- Owners of these unlawful units have already benefited financially by collecting rent on these illegal units. As a
taxpayer, I resent the idea of paying them to come into compliance,when thousands of other rental property owners
have managed to do so, with out the taxpayers assistance.
- According to the statistical information given our neighborhood representatives on the task force, I found the
following numbers disturbing.
• Out of 224 addresses,the city states that there should be only 523 units, and acknowledge that 780 currently
exist =257 illegal units using overburdened city/school services
P Out of the 780 current units, only 668 have been reported to the Elgin Township offices. In my book that is
fraud that should not be rewarded.
• After investigating the names of the owners of some of these properties, it appears that some are claiming
homeowner exemption on more than one property,just on this list. Some claim the exemption when they have
testifie4 in housing court that they live in another community.
• Many of the owners on this list are not innocent of not knowing better. After observing housing court for a
number of years,and following the results of housing court weekly, many of those on this list are what I refer to
as`frequent flyers'and are very knowledgeable about how to abuse the legal system. They deserve no mercy,
let alone, $12,000.
• As an advocate for our neighborhoods, I strongly urge the toughest criteria possible, not the lax requirements as
proposed.
- For every extra housing unit allowed,you increase the density of a neighborhood. Density is one of the stress factors
that directly affect the neighborhood's quality of life, and property values as well.
- According to the City of Elgin's Neighborhood Stress Factors Report, dated January 27, 1996:
"A high percentage of rental dwelling units generally implies higher density rates and a more transient population.
Greater dwelling unit densities require more sensitivity to the physical design of the neighborhood environment while a
transient population creates greater challenges for the social and political stability of a neighborhood. Farmost
residents,a good neighborhood is associated with a sense of stability. As a result,those elements which detract from
that sense of stability can erode resident confidence in the neighborhood. A decline in resident confidence can result
in economic disinvestment and neighborhood deterioration."
- High levels of rental dwelling units has a well recognized de-stabilizing effect on neighborhoods. Residents of rental
units who do not own property, have no personal investment in the neighborhood. This translates in lack of respect for
neighbor's property and/or life. Schools with high percents of rental,often see problems in the schools- lack of parent
involvement. Studies have shown that students who move frequently (often the case in children in rental property),
tend to do poorly when compared to children who do not move frequently. Transient students add to classroom
behavior problems that teachers need to deal with,which means less time to attend to the job at hand.
- Density directly affects the quality of life in a neighborhood- increased stress between neighbors who often don't
know each other, excess cars parked in the street, excess noise, wear and tear on the interior and exterior of the
homes-which lowers property values as well.
rIt is very disturbing that some of the very owners of property that has been determined as illegal sat on the task force.
That's like asking leaders of a known gang, how we should address gang crime,and them demanding cash. The fox is
watching the hen house.
I hope you make your decision on behalf of law abiding, rule following tax paying residents of Elgin, instead of owners of
illegal properties who don't live here and who's main concern is making money at the expense of Elgin's taxpayers.
StIB MrilAkis 71101S
• tok ,. ,....,....
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1110 h ona b 1 pedroom+ ,2.5_hath Colonial. -r0..,, ..;.„
t"-'''
70-- '•
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Forget&dog mom,ea in kitchen,tan*room.Fob,finished base- ._ -- f•
ID
ment.antral air.1171.900. 2 ,• '
iI tA61.FRAN3C1 •
"iflDDt=1 AWAY NMt�!RIVER-
*
bedroom bungalow
,t Quirt but ao dose l*onnithini• tOtchm with pantry.
h newer carpet and kitchen/bath floors.
draas-1 aaS'' oeway to basement Home warren
ttER
l is `- fit• •' 1 w .
t •. •ELGIN WEST tlfiE+• TQPFHT •`' t
Priced Moisands below marital Yates. tl a ' "
remodeled!2 8H tend tet flodr.1.BR v 2n0 Make tr
ii:..'4:. .
��; '<M f V t irate s �' if:: ;`i yQFi►t s a,f: .
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PERFECT FOR'iN CAW TYPE ARRANGEMENT �" .t 's' ,;
This horns was tmmpfstel remod&ad In 1092 In-
>� chidingtaw plumbing,&settle,2 Idtcbana and I —� -+.+' �`
'.baths,rudtnp,drivewayy and carpet.GA and ail new .,3•r,.a$t�iai�'"�`` - ----
apptlanc as Included.Upper unit wlth separate an- ELGiN
I �irance.t'= $129,', `UFLAW TYPE ARRANGEat ENT'
PAT BURNIDGE at AAn 931•PATB It's enc of ins fearves of Nis 4 beapom•2.5 bat'Cohon.a'
wa'_ �"' e"_""_.- Formal cammG
oen000.., rn eat- ae�jen.Camay room.Fes,m+.ste:
. UL FRANSO •-a. ,, i 4fl4aad3):
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0 All of these properties were listed in 1997. None of them were legal units.
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'27-AER-1999 10:27:113 asaas:aaxsasas=Cz-nas:am=Raaasaaaaa=m #1 .... ells
€LISTING if: 96123647 STATUS: ACTV CTGF: AREA: 123 TWO TO FOUR UNITS •
1LDR: 06/21/96. OLP: $ 126,900
!LD: 06/20/96 MT: 297 LP: $ 126,900
iCMD: SP: $
CONTRACT DATE; SO: FIN:
:CLOSEC DATE: SAG: PHT: $
AD: .370 YARWOOD UNIT: TYP:M-U TNV: LN: 9b1236471
CIT: ELGIN ZIP: GC120-0000 SUB: f
'DIR; NATIONAL TO RAYMOND SOUTH TO YARWOOD BLT: 1900 578:
;CRP: ELGIN CNX: KANE TWN: ELGIN CT: .00 MODEL: !
IUNIT 41 FL 1 RMS 5 BR 3 BTH 1 SD ' RENT $ • LEASE EXP
IUNIT #2 FL 2 RMS 3 BR 1 BTH 1 SD RENT $ LEASE EXP. -
'UNIT #3 FL RMS BR BTH SD RENT $ LEASE EXP
VISIT 44 • FL RMS BR BTH SD RENT $ : LEASE EXP
lBMT '{ PKN G CARS 2 3-3ED UNIT Y WI CI PIN: 0624201011
[DIM: 41.6X132 TAX: $2535.00 SAS: N TXY:.95
------ 4
REMARKS: SHOW AND SELL t FINISHED WA'..K OUT BASEMENT
EASY TO SHOW JUST GO THERE AND KNOCK , PRESENT CARD AND SHOW
SPANISH SPEAKING TEANANTS AND OWNER , CALL -Oa-ICE 1b'I' :
--•t-
ISAMPLE APARTMENT DIMENSIONS •
LR: ' ' DR: - - XT: EA: MB: B2: 83:
I ANNUAL EXPENSES ANNUAL INCOME USD Y COORDINATES
HTE INE JNE MSI GS CARFIE 46. NORTH: 10
I GSE SCE MSE I-TI JR ELLIS 46 EAST: 0 • ..
FELE WSE (-RI HS ELGIN 46 SOUTH: .0
IMF RME GRE Vat OT WEST: 33
}_:._,__.____________w.. .*
AGE OLDER --------�----• LSZ LT .25 AC �-�~_-.._ ..-.,...,._.,..._
AMN LDS
AP1 REFRIG,STOVE -. NCO •
AP2 REFRIG,STOVE OAI
AP3 OTE
AP4 POS CLOSING
SAS FULL—FPSSHD,WALK—OUT ROF ASPHLT/GLS—SHNGL -
BAT 1 BATH STY FARMHOUSE
EQP THU 2 FLAT
EXT OT TEM CONY,FRA,VA .
IND OTHER TP1
GAR 2 CAR • TP2
HEA F/A,GAS TP3
IMP CURBS/GUTTERS,SIDEWALKS, TP4
STRTS—PAVED
INF SHORT. NTC OK,SHOW—CLO
+_ +
ICC: 2..5 % !CI: X SHO: KNOCK,SHOW CARD
+ — +
IOWNR: WITH HELD AON: N PHONE:
I BROXE.R: FIRS '- REALTY ID$: 7400 PHONE: 847-742-19301
IAGE�'+�• =._. CE KONEN ID#: 77136 PHONE: 815-568-19301
CHECK FLOOD INS., RM. SI. ROUNDED TO NEAREST FOOT
NO TETE: OVE.D1SCtiJMEft PRiNNtTEDONAti M:LS. ::: . '.
This property was listed as a two unit although the property was not
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- City of Elgin Agenda Item No.
h�
011166:1.4TED 0
November 12 , 1997
TO: Mayor and Members of the City Council
FROM: Planning and Development Commission
SUBJECT: Zoning Ordinance Text Amendment Review
PURPOSE
Consideration of Petition 67-97 Requesting an Amendment to the
Text of Title 19, Zoning, of the Elgin Municipal Code, concerning
the Nonconforming Use Status of Two Family and Multiple Family
Residential Conversions in all Residence Districts by the City of
Elgin, as Applicant.
few BACKGROUND
An application has been filed by the City of Elgin requesting an
amendment to the Elgin Zoning Ordinance. The concept for the
amendment was developed by the Multiple Family Deconversion Task
Force. The text was prepared by the Legal Department (reference
the proposed text amendment marked "FINAL REVISION") .
The proposed amendment establishes the criteria for classifying a
two family or multiple family residential conversion as a
nonconforming use.
UNRESOLVED ISSUES
None.
RECOMMENDATION
The Planning and Development Commission recommends the denial of
Petition 67-97 .
On a motion to approve Petition 67-97 , the vote was two (2) yes
and five (5) no. Therefore, the motion to recommend the approval
of Petition 67-97 failed (reference the Findings of Fact, dated
November 3, 1997 and the transcript of the public hearing) .
RELATED COMMUNICATION
Letter from David Towe of Neighborhood Housing Services of Elgin,
Inc. , dated September 11, 1997 .
Letter from Greg Tyson, dated September 24 , 1997 .
Letter from David A. Berkey, dated October 9 , 1997 .
Items submitted at the public hearing:
Submittal #1 - An alternate text amendment.
Submittal #2 - A map identifying the location of two family
and multiple family dwellings on the near southeast side.
Submittal #3 - Letter from Darlene M. . Bruns Kanoski, dated
October 20, 1997 .
Submittal #4 - Letter from Sheri Buttstadt, dated October
20, 1997 .
Submittal #5 - Real Estate Listings for several Residential
Conversions .
Submittal #6 - Photograph demonstrating parking problems .
Page 2
CCMEMO/PZTEXT/3000DV.SV/3200PD.PC/3240TX.AM/3240ZG. 97/PET67 . 97