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G24-13 Ordinance No. G24-13 • AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED, "ZONING", REGARDING RESIDENTIAL OCCUPATIONS WHEREAS, written application has been made to amend the Elgin zoning ordinance to allow a limited number of non-potentially hazardous foods to be prepared in Elgin homes for sale at area farmers' markets; and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the proposed amendments after due notice in manner provided by law; and WHEREAS, the Planning and Zoning Commission has forwarded the proposed amendments to the City Council with a recommendation for approval; and WHEREAS, the Community Development Department 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 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled "Supplementary Regulations" Subsection entitled "Residential Occupations" be and is hereby further amended by amending subparagraph F thereof to read as follows: "F. Prohibited Residential Occupations: No residential occupation shall involve the detailing, servicing, or repairing of motor vehicles. No residential occupation shall involve the grooming, treatment, boarding, or propagation of animals, poultry, or livestock. With the exception of"home child daycare services" [SR], which are regulated otherwise, no residential occupation shall involve the personal or medical care or treatment of persons. No residential occupation shall involve the handling or preparation of food, except as may be allowed by the cottage food operation provisions of the State of Illinois Food Handling Regulation Enforcement Act (410 ILCS 625/4)." Section 2. That Section 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled "Supplementary Regulations" Subsection entitled "Conditional Residential Occupations" be and is hereby further amended by amending subparagraph F thereof to read as follows: "F. Prohibited Conditional Residential Occupations: No conditional residential occupation shall involve the detailing, servicing, or repairing of motor vehicles. No conditional residential occupation shall involve the grooming, treatment, boarding, or propagation of animals, poultry, or • livestock. No conditional residential occupation shall involve the handling or preparation of food, except as may be allowed by the cottage food operation provisions of the State of Illinois Food Handling Regulation Enforcement Act (410 ILCS 625/4). With the exception of certified massage therapists, which shall be regulated as a conditional residential occupation, and with the exception of"home child daycare services" [SR], which are regulated otherwise, no conditional residential occupation shall involve the personal or medical care or treatment of persons. Certified massage therapists are further regulated by title 6 of this code. "Home child daycare services" [SR] are regulated separately from the provisions of this section." Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. K ain, Noyor • Presented: July 10, 2013 Passed: July 10, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 10, 2013 Published: July 11, 2013 Attest: IL4, /919f,eq Kimberly Dewis, City Clerk •