T1-06 Ordinance No. T1-06
AN ORDINANCE
ESTABLISHING A MORATORIUM
ON THE ISSUANCE OF BUILDING PERMITS
FOR RESIDENTIAL CONDOMINIUM,C`ONVERRIO NS
IN EXISTING RESIDENTIAL AND COMMERCIAL STf UtURES
WHEREAS,.the City of Elgin is a home rule unit under'Article`VII, Section 6(a) of the
1970 Constitution of the State of Illinois; and
WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of
Illinois, a home rule unit may exercise any power and perform any function ertaining to its gov-
ernment and affairs for the-protection for the public health, safety, morals'and welfare; and
WHEREAS, the City of Elgin has recently experienced an unprecedented interest in con-
verting existing residential, rental residential and nonresidential structures to residential condo-
miniums (collectively referred to as "residential condominium conversions"); and
WHEREAS, the City Council of the City of Elgin has determined that sufficient time
must be afforded to enable the city staff to conduct research and 'consider appropriate regula-
tions, amendments and/or clarifications to protect the 1public health ,'safety;-welfare and economic
prosperity of the City of Elgin in order to present comprehensivep'ians'and official controls regu-
lating residential condominium conversions to the City'Council for consideration; and
WHEREAS, the City Council of the City ofElgin'has`determined and does hereby de-
termine that it is in the public interest and in the'ihterest of the City of Elgin that a moratorium
on the issuance of building, development or zoning}permits for a condominium conversion be
imposed for a period of ninety (90) days in order to afford the city staff with sufficient time to
conduct research and consider appropriate regulations regulating residential condominium con-
versions in the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illi-
nois as follows:
Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby in-
corporated into this text as if set out herein in full.
Section 2. The City Council of the City of Elgin hereby declares a moratorium on the is-
suance of any building, development or zoning permits for condominium conversions for the
purpose of converting any existing residential, rental residentia' cif nonresidential structures to a
residential condominium in order to afford the City of Elgin.sufficient the time to conduct re-
search and consider appropriate regulations, amendments and/or clarifications`to protect.the pub-
lic health, safety, welfare and economic prosperity of the,city by implementing comprehensive
plans and official controls regulating residential condominium conversions in the City of Elgin.
Section 3. While this ordinance remains in effect, no building, development, zoning or
other permit, or other applicable entitlement, which entails in whole or in part the conversion of
any existing residential or nonresidential structures to residential condominiums within the City
of Elgin shall be issued.
Section 4. While this ordinance remains in effect, no person, firm, partnership, associa-
tion, corporation, company or organization of any kind shall convert, in whole or in part, or at-
tempt to convert, in whole or in part, any existing residential or nonresidential structures to resi-
dential condominium.
Section 5. During the moratorium, a study is hereby authorized and directed so that the
City of Elgin can adopt comprehensive plans and official controls regulating residential condo-
minium conversions in the City of Elgin.
Section 6. Unless earlier terminated or extended by action of the City Council of the City
of Elgin, this ordinance shall be effective for ninety(90) days from its effective date.
Section 7. Severability. If any provision, clause, sentence, paragraph, section or part of
this ordinance or application thereof to any person or circumstance, shall for any reason be ad-
judged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall
not affect, impair or invalidate the remainder of this ordinance and its application to other per-
sons or circumstances, but shall be confined in its operation to the provision, clause, sentence,
paragraph, section or part thereof directly involved in the controversy in which such judgment
shall have been rendered and to the person or circumstances involved. It is hereby declared to the
legislative intent of the city council that this ordinance would have been adopted had such un-
constitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been
included.
Section 8. That this ordinance shall be in full force and effect immediately upon its pas-
sage and publication in the manner provided by law.
Ed Schock, Mayor
Presented: January 25, 2006
Passed: January 25, 2006
Vote: Yeas: 7 Nays: 0
Recorded: January 26, 2006
Published:
Attest:
Dolonna Mecum, City Clerk