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G04-12 • Ordinance No. G4-12 AN ORDINANCE AMENDING TITLE 19, ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, a petition has been filed proposing to make certain amendments to Title 19 entitled "Zoning" of the Elgin Municipal Code, 1976, as amended, relating to references to the proposed new Planning and Zoning Commission; and WHEREAS, the Planning and Development Commission has conducted a public hearing on such petition and the proposed amendments to the City of Elgin Zoning Ordinance.. and WHEREAS, the Planning and Development Commission and the Community Development Department have submitted their recommendations to the city council on the petition and proposed amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 19 of the Elgin Municipal Code, 1976, as amended, entitled "Zoning" be and is hereby further amended by amending all references therein to either the "Planning and Development Commission" or the "Zoning and Subdivision Hearing Board'' to • read the "Planning and Zoning Commission". Section 2. That Section 19.10.500 of the Elgin Municipal Code, 1976, as amended; entitled "Authorized Land Use Variation" be and is hereby further amended to read as follows: "19.10.500: AUTHORIZED LAND USE VARIATIONS: Variations from the land use regulations of this Title may be granted by the city council only in the following instance and no others: To allow the nonconforming use of a structure, which has not been abandoned to be changed to another nonconforming use permitted in the same zoning district in which the original use is listed as a permitted use, or it may be changed to a nonconfonning use permitted in a more restrictive zoning district, provided that the associated structure is designed and intended for a use not permitted in the district in which it is located. Such land use variations shall be subject to the provisions of Section 19.07.400 of this Title and may be granted only in conformance with the standards in Chapter 19.70 of this Title. An application seeking a land use variation authorized in this section shall be filed with the city, a public hearing thereon shall be conducted by the Planning and Zoning Commission, the Planning and Zoning Commission shall • make findings with respect thereto applying the standards in Chapter 19.70 and • the application shall be forwarded to the city council for a decision applying the standards of Chapter 19.70." Section 3. That Section 19.70.020 of the Elgin Municipal Code, 1976; as amended; entitled "Authority" be and is hereby further amended to read as follows: "19.70.020: AUTHORITY: The Planning and Zoning Commission shall have the authority to grant variations from the requirements and regulations of this Title, but not including authorized land use variations pursuant to Section 19.10.500 of this Title, only in the instances specified in each chapter and subject to the provisions of this Chapter. The authority to grant variations shall be sparingly exercised." Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after March 1, 2012, upon its passage and publication in the manner provided by w. David J. Kaptai ayo • Presented: January 25, 2012 Passed: January 25, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: January 25, 2012 LlRSSa,,,y Published: January 27, 2012 1 Attest: Kimberly Dewis; ity Clerk •