G9-07 (2) te^ Ordinance No. G9-07
AN ORDINANCE
AMENDING TITLE 19, OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "ZONING"
WHEREAS, written application has been made to amend the Elgin Zoning Ordinance
provisions pertaining to motor vehicle impoundment yards; 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 b granted; and
WHEREAS, the City Council 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:
Section 1. That chapter 19.90 entitled "Supplemental Regulations", of the Elgin
rMunicipal Code, 1976, as amended, be and is hereby further amended by amending
( section 19.90.015 entitled "Motor Vehicle Impoundment Yard", to read as follows:
"MOTOR VEHICLE IMPOUNDMENT YARD:
A "commercial operations yard" [SR] which is utilized exclusively for the storage
of "motor vehicles" [SR] towed as a result of accidents, unlawful parking on
private property, repossessions or police orders. Motor vehicle impoundment
yards shall be illuminated by artificial light from dusk to dawn; shall be
completely enclosed with a minimum six foot (6') in "structure height" [SR]
"solid fence" [SR] with a locking gate; shall be paved with asphalt or concrete and
include a drainage system designed to prevent leaking automobile fluids from
being absorbed into the ground or otherwise migrating from the surface of the
motor vehicle impoundment yard; shall provide closed circuit video monitoring
within the motor vehicle impoundment yard; and, shall be subject to the
provisions of "Commercial Operations Yard" in this section. The granting of a
conditional use for a motor vehicle impoundment yard shall be subject to the
provisions of Chapter 19.65 of this Title and shall also include the imposition of
specific conditions for the following factors based upon the location,
configuration and proposed operation of the motor vehicle impoundment yard:
(1) a limit on the number of vehicles that may be stored in the motor vehicle
impoundment yard at any one time; (2) designated minimum vehicle spacing
within the motor vehicle impoundment yard, including minimum designated
clearance between the sides of vehicles and the front and rear of vehicles; (3) a
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limit on the number of days that a vehicle may remain in the motor vehicle
impoundment yard, provided any such period does not to exceed of sixty (60)
days, and provided vehicles subject to seizure or impoundment orders shall be
exempt from any such limitation; (4) additional conditions related to the adequate
screening of the motor vehicle impoundment yard given the sight characteristics
of the motor vehicle impoundment yard and the land uses surrounding the motor
vehicle impoundment yard."
Section 2. Severability. If any provision of this ordinance or its application to any person
or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of
the ordinance as a whole or of any portion not adjudged invalid.
Section 3. That this ordinance shall be in full force and effect after its passage and
publication in the manner provided by law.
ft oe
Ed Schock, Mayor
Presented: February 14, 2007
Passed: February 14, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: February 15, 2007
Published:
Attest:
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Dolonna Mecum, City Clerk
Jenn. -r Quinty-', Deputy City Clerk
r