G37-06 ribk Ordinance No. G37-06
AN ORDINANCE
AMENDING TITLE 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 the definition of a Family in the supplementary regulations; and
WHEREAS, the Planning and Development Commission held a public hearing
concerning the proposed amendment after due notice in 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 concurs in the findings and recommendation of the
Planning and Development Commission; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated April 17, 2006, made by the Planning and Development Commission, a copy of
which is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That chapter 19.90 entitled "Supplementary Regulations," of the Elgin
Municipal Code, 1976, as amended, be and is hereby further amended by amending
Section 19.90.015, entitled "Definitions and Regulations", the subsection thereof entitled
"Family,"to read as follows:
Delete Text:
"Family: One or more persons each related to the other by blood or marriage
including adopted or foster children, plus domestic employees; a group of not
more than three (3) persons not all so related, plus domestic employees; or
persons participating in a program for residential care [SR], plus support staff;
each of which shall maintain a"common household" [SR].
Insert New Text:
"Family: (1) One or more persons each related to the other by blood or marriage
including adopted or foster children plus domestic employees; (2) a group of not
more than three (3) persons not all so related, plus domestic employees;
(3)persons participating in a program for residential care [SR], plus support staff;
or (4) four or more persons who are not related by blood, marriage, or legal
adoption not including foster children or domestic employees, living together as a
traditional family or the functional equivalent of a traditional family. The
functional equivalent of a family does not include any society, club, fraternity,
sorority, association, lodge, organization or group of students or other individuals
where the common living arrangement or basis for the establishment of the
housekeeping unit is temporary.
A. It shall be presumptive evidence, i.e. a rebuttable presumption, that four (4)
or more persons living in a single "dwelling unit" [SR] who are not related
by blood, marriage or legal adoption not including foster children or
domestic employees do not constitute the functional equivalent of a family.
B. In determining whether individuals are living together as the functional
equivalent of a family, the following criteria must be present:
1. The group is one which in theory, size, appearance, structure and
function resembles a traditional family unit;
2. The occupants must share the entire "dwelling unit" [SR] and live and
cook together as a single housekeeping unit. A unit in which the
various occupants act as separate roomers may not be deemed to be
occupied by the functional equivalent of a traditional family;
3. The group shares expenses for food, rent or ownership costs, utilities
and other household expenses;
4. The group is permanent and stable. Evidence if such permanency and
stability may include:
a. The presence of minor dependent children regularly residing in the
household who are enrolled in local schools;
b. Members of the household have the same address for purposes of
voter's registration, driver's license, motor vehicle registration and
filing of taxes;
c. Members of the household are employed in the area;
d. The household has been living together as a unit for a year or more
whether in the current dwelling unit or other dwelling units;
e. There is a common ownership of furniture and appliances among
the members of the household; and
f. The group is not transient or temporary in nature.
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5. Any other factor reasonably related to whether or not the group is the
functional equivalent to a family.
C. Relationships of persons, whether by blood, marriage, adoption, or foster
children must be verified by official government records such as birth
certificates, marriage certificates, court orders, driver's licenses or state
identification cards. The status of domestic employees must be verified by
a written employment agreement supported by an affidavit. Such records
shall be produced to the Development Administrator upon the request of
the Development Administrator or a code enforcement officer.
D. A person seeking to rebut the presumption as provided in subparagraph A
hereof shall file an application for a functional equivalent family
certificate. Such application shall be made to the Development
Administrator, shall be under oath, and shall address the criteria in
subparagraph B thereof The applicant shall upon the request of the
Development Administrator provide information or documents which are
relevant of which would lead to the discovery of relevant information or
documents regarding the application for a functional equivalent family
certificate. The applicant shall be given an opportunity to be heard by the
Development Administrator or his designee within ten (10) calendar days
after receipt of any such application. The Development Administrator
shall determine whether the applicant has established by a preponderance
of the evidence applying the criteria in subparagraph B hereof whether the
household in question constitutes a functional equivalent of a family and
shall approve or deny the subject application for a certificate for a
functional equivalent family certificate within five (5) business days
following the conclusion of any such hearing. If such an applicant
establishes by a preponderance of the evidence the existence of a
functional equivalent family the Development Administrator shall issue a
certificate therefor. The applicant shall receive written notice of the
Development Administrator's decision. Appeals of the decision of the
Development Administrator shall be as provided in Chapter 19.75 of this
Code."
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 4. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
E Schock, Mayor
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Presented: May 24, 2006
Passed: May 24, 2006
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: May 25, 2006
Published:
Attest:
Dolonna Mecum, City Clerk
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