G6-09 Ordinance No. G6-09
AN ORDINANCE
AMENDING TITLE 19
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED, "ZONING"
WHEREAS, written application has been made to amend certain Elgin Zoning Ordinance
provisions pertaining to accessory package liquor sales establishment land uses; 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 19.90, entitled "Supplementary Regulations," of the Elgin
Municipal Code, 1976, as amended, be and is hereby further amended by amending
section 19.90.015, subparagraphs A.10., thereto, entitled "Definitions and Regulations," to
amend the definition of"alcoholic liquor, accessory package liquor sales establishment," to read
as follows:
ALCOHOLIC LIQUOR, ACCESSORY PACKAGE LIQUOR SALES
ESTABLISHMENT: A business having as a subordinate purpose the retail sales of
"alcoholic liquors" in original package for consumption off-premises.
"Accessory package liquor sales establishments" shall be subject to the following
conditions:
Off-Street Parking: No "accessory package liquor sales establishment" shall be located
on a "zoning lot" in the CC 1 Center City District nor in the CC2 Center City District
unless the minimum number of parking spaces are provided on said "zoning lot" as
required under Section 19.45.080 of this Title, as amended, or unless the zoning lot is
located within two hundred fifty feet(250') of a Municipal off-street parking facility.
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Section 2. 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, subparagraphs A.10., thereto, entitled "Definitions and Regulations," to
amend the definition of "alcoholic liquor, package liquor sales establishment," to read as
follows:
ALCOHOLIC LIQUOR, PACKAGE LIQUOR SALES ESTABLISHMENT: A business
having as its primary purpose the retail sales of"alcoholic liquors" in original package for
consumption off-premises.
"Package liquor sales establishments" shall be subject to the following conditions:
A. Distancing Requirements: A "package liquor sales establishment" shall not be
located less than one hundred feet (100') from any church; school, other than an
institution of higher learning; hospital; home for aged persons, indigent persons,
or veterans; or any military or naval station.
B. Measurement: The distance limitation in subsection A shall be measured in a
straight line, without regard to intervening structures or objects, from the nearest
point on the nearest "lot of record" [SR] line of the "package liquor sales
establishment" to the nearest point on the nearest exterior structural wall of any
area of a church which is used for worship services or educational programs. In
all other cases, the distance of one hundred feet (100') shall be measured, in a
straight line, without regard to intervening structures or objects, from the nearest
point on the nearest "lot of record" [SR] line of the "package liquor sales
establishment" to the nearest point on the nearest "lot of record" [SR] line of a
school, other than an institution of higher learning; hospital; home for aged
persons, indigent persons, or veterans; or any military or naval station.
C. Off-Street Parking: No "package liquor sales establishment" shall be located on a
"zoning lot" in the CC1 Center City District nor in the CC2 Center City District
unless the minimum number of parking spaces are provided on said "zoning lot"
as required under Section 19.45.080 of this Title, as amended, or unless the
zoning lot is located within two hundred fifty feet (250') of a Municipal off-street
parking facility.
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 force and effect upon its passage and
publication in the manner provided by law.
-141 Z-4
Ed Schock, Mayor
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Presented: January 28, 2009
Passed: January 28, 2009
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: January 29, 2009
Published: January 30, 2009
Attest:
Diane Robertson, City Clerk
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