T17-06 '" Ordinance No. T17-06
AN ORDINANCE
EXTENDING THE MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS
FOR RESIDENTIAL CONDOMINIUM CONVERSIONS IN EXISTING RESIDENTIAL
AND COMMERCIAL STRUCTURES ESTABLISHED BY ORDINANCE NO. T1-06
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 pertaining to its
government 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
converting existing residential, rental residential and nonresidential structures to residential
condominiums (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
regulations, amendments and/or clarifications to protect the public health, safety, welfare and
economic prosperity of the City of Elgin in order to present comprehensive plans and official
controls regulating residential condominium conversions to the City Council for consideration;
and
WHEREAS, the City Council of the City of Elgin passed Ordinance No. T1-06 on
January 25, 2006 after determining that it is in the public interest and in the interest 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 conversions in the City of Elgin; and
WHEREAS, the City Council of the City of Elgin considered a proposed ordinance
governing residential condominium conversions in existing residential and commercial structures
on April 12, 2006 and determined that additional research and consultation was necessary to
address concerns raised regarding several provisions of the proposed ordinance; and
WHEREAS, the City Council of the City of Elgin has determined that the moratorium on
the issuance of building, development or zoning permits for a condominium conversion
established under Ordinance No. T1-06 be extended until May 31, 2006 in order to provide
additional time to properly address concerns raised regarding several provisions of the proposed
ordinance;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin,
�,., Illinois as follows:
Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby
incorporated into this text as if set out herein in full.
Section 2. In accordance with Section 6 of Ordinance No. T1-06, the City Council of
the City of Elgin hereby extends until May 31, 2006 the moratorium on the issuance of any
building, development or zoning permits for condominium conversions for the purpose of
converting any existing residential, rental residential or nonresidential structures to a residential
condominium.
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,
association, corporation, company or organization of any kind shall convert, in whole or in part,
or attempt to convert, in whole or in part, any existing residential or nonresidential structures to
residential condominium.
Section 5. During the extension of the moratorium, continued study and consultation
on the proposed ordinance is hereby authorized and directed so that the City of Elgin can adopt
comprehensive plans and official controls regulating residential condominium 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 until May 31, 2006.
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
adjudged 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
persons 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
unconstitutional 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
passage and publication in the manner provided by law.
Ed Schock, Mayor
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.► Presented: April 26, 2006
Passed: April 26, 2006
Vote: Yeas: 7 Nays: 0
Recorded: April 27, 2006
Published:
Attest:
Dolonna Mecum, City Clerk
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