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G70-03 CITY OF ELGIN ORDINANCE NO. G70-03 AN ORDINANCE AMENDING TITLE 17 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED "ZONING" PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 23rd DAY OF JULY 2003 r Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 24th day of July 2003. 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 July 23, 2003, the Corporate Authorities of such municipality passed and approved Ordinance No. G70-03, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G70-03, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on July 24, 2003, 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 July 24, 2003 i� l�t� Municipal Clerk (SEAL) Ordinance No. G70-03 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 as required 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 recommendation of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : eft Section 1 . That Section 19 . 12 . 500 (B) of the Elgin Municipal Code, 1976, as amended, entitled "Site Design, Accessory Structures and Buildings, Detached Accessory Buildings" be and is hereby further amended to provide for the following new section, to be inserted between existing Sections 1 and 2 , and renumbering accordingly thereafter, to read as follows : "2 . In the Residence Conservation Districts, an existing detached garage which is nonconforming with regard to setbacks from interior lot lines, may be rebuilt or expanded. A nonconforming building line located along an interior lot line may be extended to a total length of no more than 24 linear feet. The rebuilding or expansion of an existing nonconforming garage must comply in all other respects with all applicable codes and ordinances." Section 2 . That Section 19 . 12 . 500 of the Elgin Municipal Code, 1976, as amended entitled "Site Design, Accessory Structures and Buildings" be and is hereby further amended to provide for the following new section, to be added following Section C, to read as follows : "D. Accessory Building Styles and Materials: In all residence districts, accessory buildings shall be constructed in a manner consistent with the roof type 00 (gable, gambrel, hip, mansard, etc. ) used on the principal building(s) on the zoning lot. If there exist more than one roof type on the principal building the predominant roof type shall be constructed on the accessory building. A minimum 100 percent of each street facing wall surface and a minimum 50 percent of all other wall surfaces shall be constructed with exterior building materials compatible with the materials used on the principal structure (as approved by the Development Administrator) ." Section 3 . That Section 19 . 35 . 530 (A) (5) of the Elgin Municipal Code, 1976, as amended, entitled "Business Districts, Land Use, Permitted Uses, Retail Trade Division" be and is hereby further amended to provide for the following deletion and addition: That "carryout restaurants (5812) " shall be deleted from the CC1 Center City District conditional use list, and shall be added alphabetically to the CC1 District permitted use list under "Retail Trade Division", and that the lists shall be renumbered accordingly. Section 4 . That Section 19 . 35 . 730 (B) (1) of the Elgin Municipal Code, 1976, as amended, entitled "Business Districts, Land Use, Conditional Uses, Residences Division" be and is hereby further amended to provide for the following addition: That "upper floor apartment dwelling (SR) " shall be added alphabetically to the CC2 Center City District conditional use list under "Residences Division", and that the list shall be renumbered accordingly. Section 5 . That Section 19 . 35 . 730 (A) (5) of the Elgin Municipal Code, 1976, as amended, entitled "Business Districts, Land Use, Permitted Uses, Retail Trade Division" be and is hereby further amended to provide for the following deletion and addition: That "carry out restaurants (5812) " shall be deleted from the CC2 Center City District conditional use list, and shall be added alphabetically to the CC2 District permitted use list under "Retail Trade Division", and that the lists shall be renumbered accordingly. Section 6 . That Section 19 .45 . 040 (B) (1) of the Elgin Municipal Code, 1976, as amended, entitled "Location of Parking Facilities by Zoning District, Residence Conservation Districts and rm. Residence Districts, Generally" , be and is hereby further amended e/' by adding the following sentence to the end of the section, to read as follows : "For each `single family dwelling unit' (SR) or `two family dwelling unit' (SR) , a minimum of one required parking stall shall be provided within an accessory `parking garage' (SR) ." Section 7 . That Section 19 .45 . 130 (D) , of the Elgin Municipal Code, 1976, as amended, entitled "On-Site Circulation, Access to Aisles" , be and is hereby further amended, by adding the following sentence to the end of the section, to read as follows : "With the exception of private parking facilities in the CC1 Center City District, no two parking stalls shall be stacked one behind the other (tandem parking stalls) . Tandem parking restrictions shall not apply to valet parking areas." Section 8 . That Title 19, Zoning, of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following new Section 19 .45 . 245, entitled "Parking Facility Maintenance" , to read as follows : "All parking facilities shall be properly maintained so as to be in substantial compliance with all applicable codes and ordinances, including but not limited to approved site plans and the following sections of the Zoning Ordinance: Section 19. 12 .730, Plant Materials Generally; Section 19 . 12 .735, Existing Vegetation; Section 19 . 12 .740, Maintenance; Section 19 .45. 160, Parking Lot Perimeter Curb; Section 19.45.170 Surfacing; Section 19 .45. 180 Islands at the End of Parking Rows; Section 19.45.190 Storm Water Control; Section 19.45.200 Striping and Markings; and Section 19 .45.210 Traffic Control Signs." Section 9 . That Section 19 . 90 . 015 of the Elgin Municipal Code, 1976, as amended, entitled "Supplementary Regulations, Definitions and Regulations, FENCES, Section A, Required Street Setbacks and Street Yards, 2 , Partially Open and Open Fences" , be and is hereby further amended, by adding the following sentence to the end of the section, to read as follows : "Additionally, no chain link or mesh type fences shall be permitted within required street setbacks or street e'' yards." Section 10 . That Section 19 . 90 . 015 of the Elgin Municipal Code, 1976, as amended, entitled "Supplementary Regulations, Definitions and Regulations, FENCES, be and is hereby further amended, by adding the following new section, to read as follows : "C. Unified Fence Styles, Materials, and Colors: Within a required building setback from a `street lot line' (SR) , each fence or section thereof shall be of a single, continuous style, material, and color. Within a required building setback from a `side lot line' (SR) and within a required building setback from a `rear lot line' (SR) each fence or section thereof along each said lot line shall be of a single, continuous style, material, and color. Departures from these requirements may be granted at the discretion of the Development Administrator to allow greater flexibility in providing for improved aesthetics, privacy, etc." Section 11 . That Section 19 . 90 . 015 of the Elgin Municipal Code, 1976, as amended, entitled "Supplementary Regulations Definitions and Regulations, YARD, TRANSITION" be and is hereby further amended to delete the reference to "community facility district" . eft Section 12 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 13 . That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. -/ 169-CZ E. Schock, Mayor Presented: July 23 , 2003 Passed: July 23 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: July 24 , 2003 Published: July 24 , 2003 Attest : ' 119.14kr4r.,_ PA:42..cul,— Dolonna Mecum, City Clerk