G54-08 Ordinance No. G54-08
AN ORDINANCE
AMENDING TITLE 19, ENTITLED "ZONING," OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED, AND
TITLE 11, ENTITLED "VEHICLES AND TRAFFIC," OF
THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
WHEREAS, the City Council of the City of Elgin finds that the parking and storing of
commercial vehicles in residential zoning districts and on residential property adversely effects
the desirability of immediate and neighboring areas, is aesthetically harmful and impairs the
benefits of occupancy of existing properties in such areas, prevents the most appropriate use of
real estate, reduces property values, and produces degeneration of property in such areas with
attendant deterioration of conditions affecting the public health, safety, comfort, morals and
well-being of citizens; and,
WHEREAS, the regulation of the parking and storing of commercial vehicles as set forth
in this ordinance will serve to protect, preserve and enhance the nature and character of
residential areas within the City, to protect and enhance property values, and to promote the
health, safety and welfare of the City and its residents; and,
WHEREAS, 65 ILCS 5/11-13-1 authorizes municipalities to classify regulate and restrict
the location of trades and industries for specified industrial, business and residential uses, to
divide the municipality into districts according to the use of land and buildings, and to prohibit
uses, buildings or structures incompatible with the character of such districts; and,
WHEREAS, the City of Elgin Zoning Ordinance regulates and restricts commercial and
other non-residential uses within residential zoning districts; and,
WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and
perform any function pertaining to its government and affairs; and,
WHEREAS, the regulation of the parking and storing of commercial vehicles in
residential zoning districts, on residential property and on streets within residential areas pertains
to the government and affairs of the City of Elgin; and
WHEREAS, written application has been made to amend the Elgin Zoning Ordinance
provisions pertaining to the parking and storing of commercial vehicles within residential zoning
districts; 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 forwarded the proposed
amendment to the City Council without a recommendation; and
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WHEREAS, the Community Development Group recommends the requested amendment
rik be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That chapter 19.45 entitled "Off Street Parking," of the Elgin Municipal
Code, 1976, as amended, be and is hereby further amended by adding a new section 19.45.065
thereto entitled"Commercial Vehicles Prohibited,"to read as follows:
19.45.065: Commercial Vehicles Prohibited:
A. For the purposes of this Section, words, terms or phrases shall have the
definition ascribed to them in the Illinois Vehicle Code, 625 ILCS 5/1-100 et
seq., unless otherwise defined herein or a different meaning is clear from their
context.
B. Definitions: For the purposes of this Section, whenever any of the following
words, terms or phrases are used they shall have the meanings ascribed to
them as follows:
COMMERCIAL VEHICLE: A "motor vehicle" [SR] having attributes or
characteristics that meet or satisfy any of the following conditions:
1. The vehicle has a State of Illinois license plate designation indicating a
weight classification in excess of eight thousand (8,000) pounds, said
designations being as follows: D (8,001 — 12,000 lbs.); F (12,001 —
16,000 lbs.); H (16,001 — 26,000 lbs.); J (26,001 — 28,000 lbs.); K
(28,001 — 32,000 lbs.); L (32,001 — 36,000 lbs.); N (36,001 — 40,000
lbs.); P (40,001 — 45,000 lbs.); Q (45,001 — 50,000 lbs.); R (50,001 —
54,999 lbs.); S (55,001 — 59,500 lbs.); T (59,501 — 64,000 lbs.); V
(64,001 — 73,280 lbs.); X (73,281 — 77,000 lbs.); and Z (77,001 —
80,000 lbs.).
2. The vehicle has a State of Illinois license plate bearing one of the
following designations: CN (Conservation Truck/Truck Tractor); VF
through VZ (Farm Truck/Truck Tractor — All weight classifications);
D through Z (Flat Weight Truck/Truck Tractor — All weight
classifications); MD through MZ (Mileage Tax Truck/Truck Tractor—
All weight classifications); MC (Medical Carrier); PM (Permanently
Mounted Equipment); PT (Public Transportation); FH (Funeral
Home); LY (Livery); TX (Taxi Cab); CM (Commuter Van); FS
(Fertilizer Spreader); TW (Tow Truck); BM (Municipal Bus); CR
(Ceremonial); CV (Charitable Vehicle) for Second Division vehicles;
DE (Driver Education); EV (Exempt Vehicle); FM (Farm Machinery);
FT (Farm Fertilizer); SB (School Bus); Apportioned — P (Apportioned
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Truck and Truck Tractor; Apportioned—W (Apportioned Tow Truck);
DL (Dealer); MFR (Manufacturer); IT (Transporter); Ambulance; or
Repossessor.
3. The vehicle has an out-of-state license plate but is of a type that would
require any of the State of Illinois license plate designations listed
herein.
4. The vehicle has a gross vehicular weight rating in excess of eight
thousand (8,000) pounds.
5. The vehicle is designed to transport ten(10) or more persons.
GROSS VEHICULAR WEIGHT RATING (GVWR): The value specified by
the manufacturer or manufacturers as the maximum loaded weight of a single
vehicle.
TRAILER: Every vehicle without motive power designed for carrying persons
or property and for being drawn by a motor vehicle. Trailers shall include,
without limitation, semitrailers, farm trailers, pole trailers, recreational vehicle
trailers, campers, camping trailers, pop ups, trailer coaches, travel trailers and
utility trailers.
C. No commercial vehicle shall be parked, kept or stored at any time on a
"zoning lot" [SR] located within a Residence Conservation District or a
Residence District, or on any "zoning lot" [SR] having a residential use as its
"principal use" [SR], or having a residential building or structure as its
"principal building" [SR]. Exceptions: The prohibition on the parking of
commercial vehicles provided for in this Section shall not apply to
(1) commercial vehicles parked between the hours of 7:00 a.m. and 7:00 p.m.,
when such commercial vehicles are parked for the purpose of delivering or
collecting persons, materials or merchandise, or for the purpose of performing
a service on the "zoning lot" [SR] on which the commercial vehicle is parked,
or(2) the services or operations of any governmental unit, public utility or any
such activities performed on behalf of any such governmental unit or public
utility.
D. No person shall at any time park or store any trailer on a "zoning lot" [SR]
located within a Residence Conservation District or a Residence District, or
on any "zoning lot" [SR] having a residential use as its "principal use" [SR],
or having a residential building or structure as its "principal building" [SR].
Section 2. That chapter 11.60 entitled "Stopping, Standing and Parking" of the Elgin
Municipal Code, 1976, as amended, be and is hereby further amended by adding a new section
11.60.135 thereto entitled"Parking of Commercial Vehicles Prohibited,"to read as follows:
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11.60.135: Parking of Commercial Vehicles Prohibited:
A. For the purposes of this Section, words, terms or phrases shall have the
definition ascribed to them in the Illinois Vehicle Code, 625 ILCS 5/1-100 et
seq., unless otherwise defined herein or a different meaning is clear from their
context.
B. Definitions: For the purposes of this Section, whenever any of the following
words, terms or phrases are used they shall have the meanings ascribed to
them as follows:
COMMERCIAL VEHICLE: A motor vehicle [SR] having attributes or
characteristics that meet or satisfy any of the following conditions:
1. The vehicle has a State of Illinois license plate designation indicating a
weight classification in excess of eight thousand (8,000) pounds, said
designations being as follows: D (8,001 — 12,000 lbs.); F (12,001 —
16,000 lbs.); H (16,001 — 26,000 lbs.); J (26,001 — 28,000 lbs.); K
(28,001 — 32,000 lbs.); L (32,001 — 36,000 lbs.); N (36,001 — 40,000
lbs.); P (40,001 — 45,000 lbs.); Q (45,001 — 50,000 lbs.); R (50,001 —
54,999 lbs.); S (55,001 — 59,500 lbs.); T (59,501 — 64,000 lbs.); V
(64,001 — 73,280 lbs.); X (73,281 — 77,000 lbs.); and Z (77,001 —
80,000 lbs.).
2. The vehicle has a State of Illinois license plate bearing one of the
following designations: CN (Conservation Truck/Truck Tractor); VF
through VZ (Farm Truck/Truck Tractor — All weight classifications);
D through Z (Flat Weight Truck/Truck Tractor — All weight
classifications); MD through MZ (Mileage Tax Truck/Truck Tractor—
All weight classifications); MC (Medical Carrier); PM (Permanently
Mounted Equipment); PT (Public Transportation); FH (Funeral
Home); LY (Livery); TX (Taxi Cab); CM (Commuter Van); FS
(Fertilizer Spreader); TW (Tow Truck); BM (Municipal Bus); CR
(Ceremonial); CV (Charitable Vehicle) for Second Division vehicles;
DE (Driver Education); EV (Exempt Vehicle); FM (Farm Machinery);
FT (Farm Fertilizer); SB (School Bus); Apportioned —P (Apportioned
Truck and Truck Tractor; Apportioned—W (Apportioned Tow Truck);
DL (Dealer); MFR (Manufacturer); IT (Transporter); Ambulance; or
Repossessor.
3. The vehicle has an out-of-state license plate but is of a type that would
require any of the State of Illinois license plate designations listed
herein.
4. The vehicle has a gross vehicular weight rating in excess of eight
thousand (8,000)pounds.
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5. The vehicle is designed to transport ten(10) or more persons.
GROSS VEHICULAR WEIGHT RATING (GVWR): The value specified by
the manufacturer or manufacturers as the maximum loaded weight of a single
vehicle.
C. No commercial vehicle shall be parked, kept or stored at any time on a public
street or on any municipally owned parking lot located within or adjacent to
any Residence Conservation District or a Residence District.
D. Exceptions: The prohibition on the parking of commercial vehicles prohibited
by this Section shall not apply to (1) commercial vehicles parked on a public
street between the hours of seven o'clock (7:00) a.m. and seven o'clock(7:00)
p.m., when such commercial vehicles are parked for the purpose of delivering
or collecting persons, materials or merchandise, or for the purpose of
performing a service at an adjacent property, or (2) the services or operations
of any governmental unit, public utility or any such activities performed on
behalf of any such governmental unit or public utility.
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 f• _- and effect upon its passage and
publication in the manner provided by law. .�
Oiled Gilliam, Mayor Pro Tem
Presented: August 13, 2008
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Passed: August 13, 2008 OF.,.........•..... C�
Omnibus Vote: Yeas: 5 Nays: 0 0,., upoott iiii,"\ ,
Recorded: August 14, 2008 t
Published: August 15, 2008 ,
Attest: "-��"'° •:.... ".. ....
PRA Diane Robertson, City Jerk
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