G35-11 Ordinance No. G35-11
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
regarding the manner in which upper floor residential dwellings and the retail sales of used
merchandise are regulated within the CC and CC2 center city zoning districts; 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 Section 19.35.530 A. of the Elgin Municipal Code, 1976, as amended,
• entitled "Business Districts, Land Use, Permitted Uses" for the CC 1 center city district be and is
hereby amended as follows:
That new Section A.I. "Residences division" is created, that "Upper floor
apartment dwelling [SR] (UNCL)" is added as a permitted use there under, and
that Section A. shall be renumbered accordingly.
Section 2. That Section 19.35.530 B.I. of the Elgin Municipal Code, 1976, as amended,
entitled "Business Districts, Land Use, Conditional Uses, Residences division" for the CC1
center city district be and is hereby deleted, and Section B shall be renumbered accordingly.
Section 3. That Section 19.35.730 A. of the Elgin Municipal Code, 1976, as amended,
entitled 'Business Districts, Land Use, Permitted Uses" for the CC2 center city district be and is
hereby amended as follows:
That new Section A.I. "Residences division' is created, that "Upper floor
apartment dwelling [SR] (UNCL)" is added as a permitted use there under, and
that Section A. shall be renumbered accordingly.
Section 4. That Section 19.35.730 B.1. of the Elgin Municipal Code, 1976, as amended,
entitled "Business Districts, Land Use, Conditional Uses, Residences division' for the CC2
center city district be and is hereby deleted, and Section B shall be renumbered accordingly.
•
• Section 5. That Section 19.40.535 K. of the Elgin Municipal Code, 1976, as amended,
entitled "Industrial Districts, Site Design" for the Cl commercial industrial district be and is
hereby deleted.
Section 6. That Section 19.90.015, entitled "Supplementary Regulations, Definitions and
Regulations," of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended
to include the following:
CENTER CITY USED MERCHANDISE STORE: See "Used Merchandise Store;
Center City" in this Section.
USED MERCHANDISE STORE, CENTER CITY: A "business" [SR] which sells
antique, used, or secondhand home furnishings, furniture, glassware, art, architectural
artifacts, clothing, shoes, books, musical instruments, and other like wares. Center city
used merchandise stores shall be subject to the following supplementary regulations:
A. Maximum Floor Area: The "floor area' [SR] for a "center city used merchandise
store" [SR] shall not exceed three thousand five hundred (3,500) square feet.
B. Maximum Tenants: A "center city used merchandise store" [SR] shall contain no
more than five (5) clear and distinct areas operated by a dealer, tenant, sub-tenant,
lessor, sub-lessor, or other operator different from the principal operator.
• C. Donations: If the "center city used merchandise store" [SR] accepts donations of
goods from third parties, the establishment shall post in a conspicuous place at all
entrances a sign stating that donations are not accepted before or after regular
business hours and that any donations made before or after regular business hours
shall be considered unlawful dumping and subject to prosecution.
D. Weaponry: No "center city used merchandise store" [SR] shall display or offer
for sale, trade, or any other form of exchange any weapon, ammunition,
explosive, or projectile of any type, including but not limited to fireworks;
firearms, guns, revolvers, pistols, rifles, cannons, swords, knives, bayonets,
slingshots, metallic knuckles, martial arts weaponry such as throwing stars or
numchucks, or bows and arrows.
Section 19.90.015 shall be re-alphabetized accordingly.
Section 7. That Section 19.35.530 A. of the Elgin Municipal Code, 1976, as amended,
entitled "Business Districts, Land Use, Permitted Uses, Retail trade division" for the CCl center
city district be and is hereby amended as follows:
That "Used merchandise store, center city [SR] (593)" is added as a permitted use there
under, and that Section A.S. shall be re-alphabetized accordingly.
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• Section 8. That Section 19.35.530 B. of the Elgin Municipal Code, 1976, as amended,
entitled "Business Districts, Land Use, Conditional Uses, Retail trade division- for the CC1
center city district be and is hereby amended as follows:
That "Used merchandise store [SR] (593)" is hereby deleted, and that Section B.6. shall
be re-alphabetized accordingly.
Section 9. That Section 19.35.730 A. of the Elgin Municipal Code, 1976, as amended,
entitled "Business Districts, Land Use, Permitted Uses, Retail trade division" for the CC2 center
city district be and is hereby amended as follows:
That "Used merchandise store, center city [SR] (593)" is added as a permitted use there
under, and that Section A.S. shall be re-alphabetized accordingly.
Section 10. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 11. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. KalKain, Aayor
•
Presented: September 14, 2011
Passed: September 14, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: September 14, 2011
Published: September 16, 2011
uaes Ij-& r;
Attest:
Kimberly Dewis, City Clerk
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