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G71-08 Ordinance No. G71-08 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 certain land uses in the ORI Office Research Industrial Zoning District, off-street parking areas and arterial road corridors; and, WHEREAS, the planning and development commission held a public hearing concerning the proposed amendments after due notice in manner provided by law; and, WHEREAS, the planning and development commission has forwarded the proposed amendments to the city council with a recommendation for approval; and WHEREAS, the community development group recommends the requested amendment be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That chapter 19.40, entitled "Industrial Districts," of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending section 19.40.130, subparagraphs A.10., thereto, entitled "Land Use, Permitted Uses, Construction Division,"to add the following language: General Warehousing and Storage, but not including "Warehousing, Self Storage" (4225) Section 2. That chapter 19.45, entitled "Off-Street Parking," of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending section 19.45.055, subparagraph C., thereto, entitled"Shared Off-Street Parking Facilities," to read as follows: An off-street parking facility being shared by two (2) or more land uses must be owned by the record owner of not less than one of the land uses being served. The record owner or lessee of a land use sharing an off-street parking facility with two (2) or more land uses shall enter into a lease with the record owner of the off-street parking facility being shared. The lease shall authorize any record owner or lessee sharing the off-street parking facility to utilize the shared off-street parking facility in accordance with the terms of this chapter and any conditions established by the code enforcement officer pursuant to this Section. The lease shall be executed for not less than a ninety-nine (99) year term as provided for in section 19.45.030 of this chapter. In lieu of a lease executed in accordance with the terms of this subsection, a permanent easement may be recorded authorizing any record owner or lessee sharing an off-street parking facility to utilize the shared off-street parking facility in accordance with the terms of this chapter and any conditions '' established by the code enforcement officer pursuant to this section. • Section 3. That chapter 19.45, entitled "Off-Street Parking," of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending section 19.45.170, subparagraph B., thereto, entitled "Surfacing,"to add the following language: 5. Where the number of parking stalls provided exceeds the number of stalls required by section 19.45.070 of this chapter, the excess number of parking stalls shall be constructed with permeable surfacing materials. A minimum of two inches (2") of permeable paver brick, porous concrete, grass pavers, gravel pavers, and interlocking concrete paving blocks, with a porous infill material such as gravel, soil and grass through which infiltration may occur, over one (1) inch of sand over seven inches (7") of compacted gravel. Equivalent thicknesses of paver brick may be substituted for gravel provided that the total pavement thickness is a minimum of ten inches (10"). Section 4. That chapter 19.50, entitled "Street Graphics," of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending section 19.50.020, entitled "Definitions," to amend the definition of"Projecting Graphic," to read as follows: PROJECTING GRAPHIC: A wall graphic affixed to a building and that extends beyond the line of such building wall or beyond the surface of that portion of the building wall to which it is affixed by more than twelve inches (12"). Section 5. 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," to amend the definition of"Street, Arterial,"read as follows: STREET, ARTERIAL: A "street" [SR] which has continuity between municipalities or other urban centers, which has continuity through the city, or which intersects with three (3) or more "limited access arterial streets" [SR], or other arterial streets, and which affords a primary means of access for intersecting streets and for adjoining "lots of record" [SR] at a limited number of locations. The arterial streets shall be McLean Boulevard, State Route 31 (State Street), Dundee Avenue, Villa Street, Center Street (between Dundee Avenue and Villa Street), National Street (between Villa Street and State Street) State Route 25 (St. Charles Street, Bluff City Boulevard, Liberty Street, Dundee Avenue), Illinois Route 72 (Higgins Road), Big Timber Road, Highland Avenue, Larkin Avenue, Kimball Street, Congdon Avenue (east of State Route 25), State Route 58 (Summit Street east of Dundee Avenue), State Route 19 (East Chicago Street), Nesler Road, Coombs Road, Bowes Road, Russell Road, Damisch Road, McDonald Road, Silver Glen Road, Corron Road, Muirhead Road, Plank Road and State Route 20 (west of Weld Road). Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. 2 Section 7. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. d , Mayor Presented: October 22, 2008 Passed: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: October 23, 2008 Published: October 24, 2008 Attest: Diane Robertson, City lerk rlot r 3