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G37-98 Ordinance No. G37-98 AN ORDINANCE AMENDING TITLE 19 , ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED WHEREAS, written application has been made to amend various chapters and sections of the zoning ordinance; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed amendments 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 amendments 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 Title 19 entitled "Zoning" of the Elgin eiew Municipal Code, 1976 , as amended, be and is hereby further amended as follows : DELETE TEXT FROM 19 . 35 .230, A. AND C. WHERE APPLICABLE ADD TEXT AS FOLLOWS 19 . 35 . 200 RB Residence Business District 19 . 35 . 230 Land Use B. Conditional Uses Finance, Insurance, and Real Estate Division 00 . Check cashing agencies ( 6099 ) Services Division. 00 . Bingo Parlors ( 7999 ) 00 . Billiard parlors ( 7999 ) 00 . Fortune tellers ( 7999 ) 00 . Pool parlors ( 7999 ) 00 . Massage parlors ( 7299 ) 00 . Steam baths ( 7299) 00 . Tattoo parlors ( 7299 ) 00 . Turkish baths ( 7299 ) Retail Trade Division 00 . Convenience food stores, operated on a 24 hour basis (5411) 00 . Firearms sales ( 5941) DELETE TEXT FROM 19 . 35 . 330, A. AND C. WHERE APPLICABLE ADD TEXT AS FOLLOWS 19 . 35 . 300 NB Neighborhood Business District 19 . 35 . 330 Land Use B. Conditional Uses Finance, Insurance, and Real Estate Division 00 . Check cashing agencies ( 6099 ) Services Division. 00 . Bingo Parlors ( 7999 ) 00 . Billiard parlors ( 7999 ) 00 . Fortune tellers ( 7999 ) 00 . Pool parlors ( 7999 ) 00 . Coin operated amusement establishments ( 7993) 00 . Massage parlors ( 7299 ) 00 . Steam baths ( 7299 ) 00 . Tattoo parlors ( 7299 ) 00 . Turkish baths ( 7299 ) Retail Trade Division 00 . Convenience food stores, operated on a 24 hour basis (5411) 00 . Firearms sales ( 5941 ) DELETE TEXT FROM 19 . 35 . 430, C. WHERE APPLICABLE ADD TEXT AS FOLLOWS 19 . 35 . 400 AB Area Business District 19 . 35 . 430 Land Use e► A. Permitted Uses Finance, Insurance, and Real Estate Division 00 . Check cashing agencies ( 6099 ) Services Division. 00 . Bingo Parlors ( 7999 ) 00 . Billiard parlors ( 7999 ) 00 . Fortune tellers ( 7999 ) 00 . Pool parlors ( 7999 ) Retail Trade Division 00 . Convenience food stores, operated on a 24 hour basis ( 5411) DELETE TEXT FROM 19 . 35 .430 , A. AND C. WHERE APPLICABLE ADD TEXT AS FOLLOWS B. Conditional Uses Services Division. 00 . Ballrooms ( 7911) 00 . Bowling centers ( 7933) 00 . Coin operated amusement establishments ( 7993 ) 00 . Dance halls ( 7911) 00 . Discotheques ( 7911) 00 . Massage parlors ( 7299 ) 00 . Steam baths ( 7299 ) 00 . Tattoo parlors ( 7299 ) 00 . Turkish baths (7299 ) 00 . "Teen clubs" (SR) (UNCL) 2 Retail Trade Division 00 . Firearms sales ( 5941) 00 . Pawn shops (5932 DELETE TEXT FROM 19 . 35 . 530, A. AND C. WHERE APPLICABLE ADD TEXT AS FOLLOWS 19 . 35 . 500 CC1 Center City District 19 . 35 . 530 Land Use B. Conditional Uses Finance, Insurance, and Real Estate Division 00 . Check cashing agencies ( 6099 ) Services Division. 00 . Bingo Parlors ( 7999 ) 00 . Billiard parlors ( 7999 ) 00 . Ballrooms ( 7911) 00 . Bowling centers ( 7933) 00 . Coin operated amusement establishments ( 7993) 00 . Dance halls ( 7911) 00 . Discotheques ( 7911 ) 00 . Fortune tellers ( 7999 ) 00 . Pool parlors ( 7999 ) 00 . Massage parlors ( 7299 ) 00 . Steam baths ( 7299 ) 00 . Tattoo parlors ( 7299 ) 00 . "Teen clubs" ( SR) (UNCL) 00 . Turkish baths ( 7299 ) Retail Trade Division 00 . Convenience food stores, operated on a 24 hour basis ( 5411 ) 00 . Firearms sales ( 5941) DELETE TEXT FROM 19 . 35 . 730, A. AND C. WHERE APPLICABLE ADD TEXT AS FOLLOWS 19 . 35 . 700 CC2 Center City District 19 . 35 . 730 Land Use B. Conditional Uses Finance, Insurance, and Real Estate Division 00 . Check cashing agencies ( 6099 ) Services Division. 00 . Bingo Parlors ( 7999 ) 00 . Billiard parlors ( 7999 ) 00 . Ballrooms ( 7911) 00 . Bowling centers ( 7933) 00 . Coin operated amusement establishments ( 7993) 00 . Dance halls ( 7911) 00 . Discotheques ( 7911) 00 . Fortune tellers ( 7999 ) 00 . Pool parlors ( 7999 ) 00 . Massage parlors ( 7299 ) 00 . Steam baths ( 7299 ) 3 00 . Tattoo parlors ( 7299 ) efik 00 . "Teen clubs" (SR) (UNCL) 00 . Turkish baths ( 7299 ) Retail Trade Division 00 . Convenience food stores, operated on a 24 hour basis ( 5411) 00 . Firearms sales (5941) DELETE TEXT FROM 19 . 40 .530, C. WHERE APPLICABLE ADD TEXT AS FOLLOWS 19 . 40 . 500 CI Commercial Industrial District 19 . 40 . 530 Land Use A. Permitted Uses Finance, Insurance, and Real Estate Division 00 . Check cashing agencies ( 6099 ) Services Division. 00 . Bingo Parlors ( 7999 ) 00 . Billiard parlors ( 7999 ) 00 . Fortune tellers ( 7999 ) 00 . Pool parlors ( 7999 ) 00 . Massage parlors ( 7299 ) 00 . Steam baths ( 7299 ) 00 . Tattoo parlors ( 7299 ) 00 . Turkish baths ( 7299 ) Retail Trade Division �► 00 . Convenience food stores, operated on a 24 hour basis ( 5411 ) DELETE TEXT FROM 19 . 40 . 530, A. AND C. WHERE APPLICABLE ADD TEXT AS FOLLOWS B. Conditional Uses Services Division. 00 . Ballrooms ( 7911) 00 . Bowling centers ( 7933) 00 . Coin operated amusement establishments ( 7993) 00 . Dance halls ( 7911) 00 . Discotheques ( 7911 ) 00 . "Teen clubs" (SR) (UNCL) Retail Trade Division 00 . Firearms sales ( 5941 ) 00 . Pawn shops ( 5932 DELETE TEXT 19 . 12 . 300 ADD TEXT AS FOLLOWS: 19. 12 .300 ZONING LOTS - CLARIFICATIONS AND EXCEPTIONS. E. Principal Buildings per Zoning Lot. In all residence conservation districts, residence districts, and business districts, no more than one "principal building" [SR] shall be allowed on a zoning lot. 4 ADD TEXT AS FOLLOWS 19.45.055 SHARED OFF-STREET PARKING FACILITIES. Two or more land uses [SR] may share off-street parking facilities without providing the minimum number of on-site required parking stalls [SR] for each land use, under the following conditions, each of which shall be met: A. The minimum required number of parking stalls [SR] for the combined land uses [SR] may be reduced, provided that the applicant completes and submits to the Code Enforcement Officer an analysis that includes substantiated projections of peak parking demand for the combined land uses justifying the shared use of off-street parking stalls for separate land uses . Off-street parking facilities shall not be shared in Residence Conservation Districts and Residence Districts . Each of the following criteria shall be utilized for establishing the number of minimum required parking stalls in an off-street parking facility that may be shared by two or more land uses : 1 . The minimum required number of parking stalls for the combined land uses may be reduced by up 0.16' to one hundred percent provided the off-street parking facility is shared by not more than two land uses and provided there is no overlap in the parking demands of the two land uses sharing the off-street parking facility. 2 . The minimum required number of parking stalls for the combined land uses may be reduced by up to sixty percent when the off-street parking facility is shared by more than two land uses provided the peak parking demands of each land use sharing the off-street parking facility do not overlap. 3 . In determining whether to grant a reduction in parking stalls for combined land uses, the Code Enforcement Officer shall consider each of the following fctors and render his or her decision based upon the combined effect of each of the following: a. A proposed shared off-street parking facility located closest in proximity to the land use served shall be given preference over a proposed shared off-street parking facility located the maximum permitted distance from the land use served. 5 e.. b. A proposed shared off-street parking facility providing the highest degree of ease and safety of access between the proposed shared off-street parking facility and the land use served shall be given preference over a proposed shared off-street parking facility providing only the minimum requirements for ease and safety of access between the proposed shared off-street parking facility and the land use served. c . The nature and character of land use served by the proposed shared off-street parking facility shall be compared with the nature and character of each other land use sharing the proposed off-street parking facility and preference shall be given to a proposed shared off-street parking facility that will be shared by the least intensive land uses designated in this chapter. d. The hours of operation of the land use to be served by the shared off-street parking facility shall be compared with the hours of operation of each other land use sharing the proposed off-street parking facility and preference shall be given to a proposed shared off-street parking facility in which the hours of operation of each land use do not overlap. B. Off-site parking stalls shall be within 400 feet from the land use served. If the pedestrian access from the parking stalls to the building entrance or land use requires an arterial street [SR] to be crossed, appropriate safety measures must be present to assist the pedestrian in crossing the street, subject to the approval of the Code Enforcement Officer after consultation with the City of Elgin Chief of Police. In all instances, a safe and convenient pedestrian access , such as a sidewalk or path, must exist or be provided from the building entrance or land use to the parking stalls ; C. An off-street parking facility being shared by two or more land uses must be owned by the record owner of not less than one of the land uses being served. The record owner or lessee of a land use sharing an off-street parking facility with two or more land uses shall enter into a lease with the record owner 0/".*' of the off-street parking facility being shared. The lease shall authorize any record owner or lessee sharing the off-street parking facility to utilize 6 the shared off-street parking facility in accordance eift with the terms of this chapter and any conditions established by the Code Enforcement Officer pursuant to this section. The lease shall be executed for not less than a five-year term. In lieu of a lease executed in accordance with the terms of this subsection, a permanent easement may be recorded authorizing any record owner or lessee sharing an off-street parking facility to utilize the shared off-street parking facility in accordance with the terms of this chapter and any conditions established by the Code Enforcement Officer pursuant to this section. D. No changes shall be made to the shared off-street parking facility which would reduce the parking provided for the land uses unless the record owner or record owners of one of the land uses make other arrangements to provide the requisite number of off-street parking stalls in accordance with the provisions of this chapter. No such changes shall be made without the prior approval of the Code Enforcement Officer; E. Shared parking stalls shall not be reserved for a specific individual or used on a twenty-four hour basis; F. Loading spaces shall not be shared; G. Before any land use sharing an off-street parking facility is changed or altered in any manner, the applicant shall complete and submit to the Code Enforcement Officer an analysis that includes substantiated projections of peak parking demand for the combined land uses to justify the shared use of off-street parking stalls for separate land uses . DELETE TEXT 19 . 12 . 400 ADD TEXT AS FOLLOWS: 19 . 12 .400 SETBACKS - CLARIFICATIONS AND EXCEPTIONS. In all zoning districts, the following exceptions and clarifications shall be applicable to the minimum required "building" [SR] "setbacks" [SR] and "vehicle use area setbacks" [SR] from a "lot line" [SR] : A. Average Setbacks. NO CHANGE . B. Overlapping Setbacks Prohibited. NO CHANGE . C. Reduction of Setbacks Prohibited. NO CHANGE . D. Setbacks from a Private Street or Driveway. Where a "zoning lot" [SR] contains two or more "principal buildings" [SR] , the minimum required building setback from all "driveways" [SR] and all private "streets" [SR] located on such a zoning lot shall be 7 20 linear feet, and the minimum required vehicle use area setback from all "driveways" [SR] and all private "streets" [SR] located on such a zoning lot shall be 8 linear feet. E. Vehicle Use Area Street Setback Exceptions. 1. Extended Setbacks. NO CHANGE . 2. Existing Setbacks. For a zoning lot with existing vehicle use area setbacks of eight linear feet or more from a "street lot line" [SR] or six linear feet or more from an "interior lot line" [SR] , which were established prior to the effective date of this title, such setbacks may be maintained or extended along the same street lot line or interior lot line, subject to the provisions of Chapter 19 .45, Off Street Parking, Section 19 .45 . 220, Applicability. DELETE TEXT 19 . 90 . 675 ADD TEXT AS FOLLOWS: 19 .90.675 SIGN. 12 . Flag. "Flag" shall mean any fabric, banner or bunting containing distinctive colors, patterns, symbols or crests of nations, states, or cities; fraternal, religious, civic organizations; or corporations; which do not contain any advertising material . There shall be a maximum of three flags maintained on a zoning lot. No flag shall exceed 60 square feet in surface area, nor 22 linear feet in height. The number and surface area of flags shall not limit the number or surface area of other allowable signage on a zoning lot. ADD TEXT AS FOLLOWS : 19 . 12 .800 AUTHORIZED SITE DESIGN VARIATIONS. E. Obstructions in Yards . To permit an obstruction in a "yard" that is otherwise not allowed. DELETE TEXT 19 . 90 . 703 ADD TEXT AS FOLLOWS : 19 .90.703 STORAGE TANKS. "Storage tanks" shall mean a container which is used to keep flammable or combustible liquids, and where all or any portion of such container is located above the ground. All storage tanks shall be "fire protected tanks" as defined and regulated by Title 16 , Buildings and Construction, of the Elgin Municipal Code. All storage tanks shall be considered "accessory" [SR] "structures" [SR] . All storage tanks shall 1 comply with the regulations for "commercial operations yards" [SR] , encompassing setbacks, surfacing, dust control, storm 8 elk water control, screening, and landscaping. No landscaping shall be required within an existing commercial operations yard or parking lot, where the storage tank is not visible from adjoining property or rights of way, and where it would be impractical to remove a small strip of asphalt in order to install trees and shrubs, as may be approved. DELETE TEXT 19 . 12 . 700 ADD TEXT AS FOLLOWS : 19 . 12 .700 LANDSCAPING. The minimum required landscaping for "transition landscape yards" [SR] , "vehicle use area landscape yards" [SR] , and "interior landscape yards" [SR] to be installed and maintained on a zoning lot shall be as follows : A. Transition Landscape Yard - Less Than 50 Feet. NO CHANGE . B. Transition Landscape Yard - Greater Than 50 Feet. NO CHANGE. C. Vehicle Use Area Landscape Yard. NO CHANGE . D. Interior Landscape Yard. The minimum total area of a required "interior landscape yard" [SR] shall not be less than five percent of the total "vehicle use area" [SR] on a "zoning lot" [SR] . No amount of area in a "vehicle use area landscape yard" [SR] , whether required or provided shall be counted as the minimum required area of an interior landscape yard. In order to ensure adequate dispersion, there shall not be less than one separate interior landscape yard for each 20, 000 square feet of total vehicle use area on a zoning lot. No required interior landscape yard shall be less than 250 square feet in area. Interior landscaping yards which adjoin a vehicle use area shall be defined by perimeter 6 inch by 18 inch P.C. concrete reinforced curb. For required interior landscape yards, the required landscaping shall be as follows : 1. Trees. The minimum number of required trees to be installed shall be calculated as follows : Number of trees (T) shall equal the required interior landscape yard ( ILY) in square feet divided by 250 square feet. The minimum number of trees can be expressed by the following formula: T = ILY / 250 . Required trees may be shade trees, evergreen trees or ornamental trees . 2 . Shrubs. The minimum number of required shrubs to be installed shall be calculated as follows : Number of shrubs (S) shall equal the required interior landscape yard ( ILY) in square feet divided by 250 square feet; the quotient multiplied by four. The minimum number of 9 shrubs can be expressed by the following formula: S = ( ILY/250) x 4 . Required shrubs shall be maintained at not less than two feet in height at any location and not more than three feet in height within any required building setback from a street lot line. Shrubs may be deciduous or coniferous . 3. Ground Cover. A suitable pervious ground cover shall be installed on the entire surface of the interior landscape yard. E. Calculations with Fractional Remainders. NO CHANGE. F. Plant Materials - Generally. NO CHANGE. G. Existing Vegetation. NO CHANGE. H. Maintenance. NO CHANGE. I . Traffic hazards. NO CHANGE. DELETE TEXT 19 . 90 . 865 ADD TEXT AS FOLLOWS: 19.90.865 USE, TEMPORARY. "Temporary Use" shall mean a "land use" [SRI which is established for a fixed period of time with the intent to discontinue such use on the expiration of the time period. A temporary use shall be subject to the following supplementary regulations : A. Land Uses Allowed. A temporary use shall be limited t"'` to those permitted uses and accessory uses allowed in the zoning district in which the temporary use is to be located, unless specifically authorized otherwise. B. Number and Duration. NO CHANGE . C. Setbacks. NO CHANGE . D. Operation. NO CHANGE. E. Other Codes and Ordinances. NO CHANGE . DELETE TEXT 19 . 75 . 020 ADD TEXT AS FOLLOWS : 19 .75.020 AUTHORITY. A. Development Administrator. The Development Administrator shall have the authority to hear and decide an appeal from any determination, or requirement associated with the administration or enforcement of the provisions of this title by the City Engineer or by the Code Enforcement Officer. B. Zoning and Subdivision Hearing Board. The Zoning and Subdivision Hearing Board shall have the authority to hear and decide an appeal from any interpretation or determination associated with the administration of this title by the Development Administrator. C. City Council. The City Council shall have the authority to hear and decide an appeal from any interpretation or determination associated with the administration of this title by the Zoning and Subdivision Hearing Board. 10 DELETE TEXT 19 . 80 . 030 ADD TEXT AS FOLLOWS : 19.80.030 DEVELOPMENT ADMINISTRATOR. A. Established and Designated. There is established the position of Development Administrator who shall administrator the certain provisions of this title. The Development Administrator shall be the Planning Director or the Planning Director' s designee. B. Powers and Duties. The Development Administrator shall have the following powers and duties : 1 . Administer certain provisions of Title 19, Zoning, namely Chapters : 19 . 55 Amendments . 19 . 60 Planned Developments . 19 . 65 Conditional Uses . 19 . 70 Variations . 19 . 75 Appeals . 19 . 80 Administration and Enforcement. 19 . 82 Public Hearing Notification Signs . 19 . 85 Fees . 2 . Administer the provisions of Title 18, Subdivisions; and Title 17, Development Impact Fees of the Elgin Municipal Code. 3 . Advise the City Council, boards and commissions, neighborhood organizations, developers, and the general public regarding policies and standards, and ordinances associated with development matters in general and with the provisions of this title in particular. 4 . Receive, file, review and process applications for annexation, text and map amendments, planned developments, subdivisions, conditional uses, variations, and appeals; and to establish any reasonable rules and procedures not otherwise established by this code that are deemed necessary for receiving, filing, reviewing, and processing such applications . 5 . Assemble, process, and present interdepartmental recommendations regarding applications for annexation, text and map amendments, planned developments, subdivisions , conditional uses, variations, and appeals . 6 . Review and comment on site plans submitted in support of an application for a building permit regarding conformance to the provisions of this title. 7 . Hear and decide an appeal from any determination, or requirement associated with the administration or enforcement of the provisions of this title by the City Engineer or the Code Enforcement Officer. 8 . Establish any reasonable rules and procedures not otherwise established by this code that are 11 deemed necessary for administering the provisions of this title. 9 . Maintain current and permanent records of the subject of this title including annexations, text and map amendments, planned developments, subdivisions, conditional uses, variations,and appeals . DELETE TEXT 19 . 80 . 050 ADD TEXT AS FOLLOWS : 19.80.050 CODE ENFORCEMENT OFFICER. A. Established and Designated. The position of Code Enforcement Officer shall be the Director of the Department of Code Administration and Neighborhood Affairs, or the Director' s designee. The Code Enforcement Officer shall also be known as Code Official and Zoning Officer. B. Powers and Duties. The Code Enforcement Officer shall have the following powers and duties with respect to the administration and the enforcement of the provisions of this title: 1 . Administer and enforce certain provisions of Title 19 , Zoning, namely Chapters : 19 . 05 General Provisions . 19 . 07 Zoning Districts . e► 19 . 10 Land Use. 19 . 12 Site Design. 19 . 15 Preservation Districts . 19 . 20 Conservation Districts . 19 . 25 Residence Districts . 19 . 30 Community Facility Districts . 19 . 35 Business Districts . 19 . 40 Industrial Districts . 19 . 45 Off Street Parking. 19 . 47 Off Street Loading. 19 . 50 Signs . 19 . 52 Nonconforming Uses and Structures . 19 . 90 Supplementary Regulations . 2 . Advise the City Council, boards and commissions, neighborhood organizations, developers, and the general public regarding the provisions of this title. 3 . Cause inspections of land, buildings, structures, and their uses to determine compliance with the provisions of this title. 4 . Issue written stop work orders for work on any land, building, or structure proceeding in violation of the provisions of this title following the procedures established for stop work orders in Title 16 , Buildings and Construction. OIL 5 . Issue citations to persons violating the provisions of this title, subject to the 12 �.., provisions of Title 1, General Provisions, Chapter 1 .20 General Penalty - Citations . 6 . Request appropriate legal proceedings to enforce the provisions of this title. 7 . Issue certificates of occupancy and compliance for land, buildings, structures, and their uses, which comply with the provisions of this title. 8 . Establish any reasonable rules and procedures not otherwise established by this code that are deemed necessary for enforcing the provisions of this title. 9 . Maintain current and permanent records of the subject of this section. 10 . Maintain current and permanent records of the subject of this title including annexations, text and map amendments, planned developments, subdivisions, conditional uses, variations, appeals, and nonconforming uses and structures . DELETE TEXT 19 . 90 . 320 ADD TEXT AS FOLLOWS: 19 .90.320 FENCES AND WALLS. "Fences and Walls" shall each have their customary and traditional definitions . All fences shall be erected such that the vertical and horizontal supporting structure of the fence face the interior of the zoning lot on which it is located. The use of barbed wire shall be prohibited, except as may be authorized pursuant to Chapter 19 . 70 Variations, as provided in Section 19 . 12 . 800 Authorized Site Design Variations . , D. Setback for Security Fence. Fences and walls shall be subject to the following supplementary regulations : A. Required Street Setbacks and Street Yards. NO CHANGE. B. Required Side Setbacks and Rear Setbacks. NO CHANGE. 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. Kevin Kelly, Ma 13 ' Presented: April 22, 1998 Passed: April 22, 1998 Omnibus Vote: Yeas 6 Nays 0 Recorded: April 23, 1998 Published: Attest: OVZOlut Dolonna Mecum, ity Clerk 14