G68-99 CITY OF ELGIN
ORDINANCE NO. G68-99
AN ORDINANCE
AMENDING TITLE 19, ENTITLED "ZONING"
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
(PETITION 4-99)
ADOPTED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 17TH DAY OF NOVEMBER, 1999
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Published in pamphlet form by authority of the
City Council of the City of Elgin, Kane and
Cook Counties, Illinois, on this 19th day of
November, 1999.
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 November 17, 1999, the Corporate Authorities of
such municipality passed and approved Ordinance No. G68-99 entitled "Ordinance
Amending Title 19, Entitled "Zoning" of the Elgin Municipal Code, 1976, as amended,
(Petition 4-99), which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. G68-99, including the Ordinance and
a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the
municipal building commencing on November 19, 1999, 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 November 19, 1999.
Municipal Clerk
(SEAL)
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Ordinance No. G68-99
AN ORDINANCE
AMENDING CHAPTER 19, ENTITLED "ZONING" OF THE
ELGIN MUNICIPAL CODE, 1976 , AS AMENDED
(Family Residential Care and Nonconforming Uses)
WHEREAS, written application has been made to amend the
Elgin Zoning Ordinance provisions pertaining to family
residential care and nonconforming uses; 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.
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 . 600 to
read as follows :
'' "19 . 90 . 600 RESIDENTIAL CARE .
"Residential Care" shall mean a specialized
program located in a dwelling unit [SR] , which
provides residential, social, and personal care to
persons with functional disabilities as defined
herein, but where medical care is not a major
element . Persons with functional disabilities shall
mean a person who, because of a physical or mental
condition or disease, is functionally disabled to
the extent of the following:
Needing care, supervision or monitoring to
perform activities of daily living or
instrumental activities of daily living, or
Needing supports to ameliorate or
compensate for the effects of the functional
disability so as to lead as independent a life
as possible, or
Having a physical or mental impairment
which substantially limits one or more of such
person' s major life activities, or
,f. Having a record of having such an
impairment, or
Being regarded as having such an
e impairment, but such term does not include
current, illegal use of or active to addiction
alcohol or to a controlled substance .
Residential care shall be subject to the
following supplementary regulations :
A. Qualifications . Residential care
facilities shall be licensed by the State of
Illinois .
B. Terms . Nine or more (9) persons,
excluding employed professional support staff, shall
reside in a residential care facility. "
Section 2 . That Section 19 . 25 . 730 entitled "Land Use" of
the Elgin Municipal Code, 1976 , as amended, be and is hereby
further amended by deleting from the Services Division under
Subsection B the following:
"Residential Care Facility" [SR]
Section 3 . That Section 19 . 25 . 730 entitled "Land Use" of
the Elgin Municipal Code, 1976 , as amended, be and is hereby
further amended by adding to the Services Division under
Subsection A the following:
eft "Residential Care Facility" [SR]
Section 4 . That Section 19 . 35 . 230 entitled "Land Use" of
the Elgin Municipal Code, 1976, as amended, be and is hereby
further amended by deleting from the Services Division under
Subsection B the following :
"Family Residential Care Facility" [SR]
"Residential Care Facility" [SR]
Section 5 . That Section 19 . 35 . 230 entitled "Land Use" of
the Elgin Municipal Code, 1976 , as amended, be and is hereby
further amended by adding to the Services Division under
Subsection A the following:
"Family Residential Care Facility" [SR]
"Residential Care Facility" [SR]
Section 6 . 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 . 605 to
read as follows :
"19 . 90 . 605 RESIDENTIAL CARE, FAMILY.
Family Residential Care shall mean a
specialized program located in a dwelling unit [SR] ,
which provides residential, social , and personal
eft. care to persons with functional disabilities as
defined herein, but where medical care is not a
major element . Persons with functional
disabilities shall mean a person who, because of a
physical or mental condition or disease, is
functionally disabled to the extent of the following:
Needing care, supervision or monitoring to
perform activities of daily living or
instrumental activities of daily living, or
Needing supports to ameliorate or
compensate for the effects of the functional
disability so as to lead as independent a life
as possible, or
Having a physical or mental impairment
which substantially limits one or more of such
person' s major life activities, or
Having a record of having such an
impairment , or
Being regarded as having such an
impairment, but such term does not include
current, illegal use of or active to addiction
emk alcohol or to a controlled substance .
Family residential care shall be subject to the
following supplementary regulations :
A. Qualifications . Family residential care
facilities shall be licensed by the State of
Illinois .
B. Terms . A maximum of eight persons,
excluding employed professional support staff, shall
reside in a family residential care facility. "
Section 7 . That Chapter 19 . 52 entitled "Nonconforming
Uses and Structures" of the Elgin Municipal Code, 1976 , as
amended, be and is hereby further amended by amending
Subsection G under Section 19 . 52 . 030 to read as follows :
"G. Abandonment . A nonconforming use of any
land or structure, including any accessory uses,
shall not be reestablished subsequent to abandonment
as follows :
1 . Where a nonconforming use of any land
or structure is discontinued, or its normal
operation is stopped for a period of one year,
there shall exist a rebuttable presumption that
the nonconforming use was intended to be
abandoned and the nonconforming use shall be
discontinued.
2 . Where there is a "change in use"
[SR] , regardless of whether or not such change
was made in compliance with all applicable
codes and ordinances, the nonconforming use of
any land or structure shall not be
reestablished. Any subsequent use of such land
or structure shall comply with the regulations
of the zoning district in which it is located
and with the provisions of the other titles of
this code . "
Section 8 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 9 . That this ordinance shall be in full force
and effect after its passage and publication in the manner
provided by law.
, i 1 / p,
Ed Schock, Mayor
Presented: November 17 , 1999
Passed: November 17, 1999
Omnibus Vote : Yeas 6 Nays 0
Recorded: November 18 , 1999
Published:
Attest :
Dolonna Mecum, City Clerk