G13-14 Ordinance No. G13-14
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 temporary uses are regulated; and
WHEREAS, the Planning and Zoning Commission has held a public hearing concerning
the proposed amendments after due notice in manner provided by law.
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 "Definitions and Regulations" be and is hereby further amended by amending the
definition of "Use, Temporary" and by adding a definition for "Use, Intermittent Temporary
Vehicle" to read as follows:
"USE, TEMPORARY: A "land use" [SR] which is established for a fixed period
of time with the intent to discontinue such use on the expiration of the time
period. A temporary use shall be subject to the following supplementary
regulations:
A. Land Uses Allowed: A temporary use shall be limited to those
permitted uses and accessory uses allowed in the zoning district in
which the temporary use is to be located, unless specifically
authorized otherwise.
B. Number And Duration: No more than four (4) temporary uses shall
be conducted on the same "zoning lot" [SR] within a calendar year.
No single temporary use shall be established or operate for more
than thirty (30) consecutive days, and the total number of days for
all temporary uses established or operating on the same "zoning
lot" [SR] within a calendar year shall not exceed sixty (60) days.
More than one (1) temporary use may be established or operate on
the same zoning lot at the same time; however, for each temporary
use, one (1) day of establishment or operation of each temporary
use is counted against the maximum number of sixty (60) days
allowed in a calendar year for all temporary uses on such lot.
Except as provided for an "intermittent temporary use" [SR], or for
an "intermittent temporary vehicle use" [SR], the days a temporary
use permit shall authorize a temporary use to operate or otherwise
be open or available to the general public shall be for a prescribed
number of consecutive days. Each such time period shall
constitute one (1) of the four (4) allowable temporary uses within a
calendar year.
C. Setbacks: A temporary use shall maintain a minimum fifteen foot
(15') setback from all "street lot lines" [SR] and a minimum ten
foot (10') setback from all "interior lot lines" [SR]. Temporary uses
shall maintain a minimum one hundred foot (100') setback from all
interior lot lines which adjoin any residence conservation district
or residence district, where such temporary use is not located
within such zoning districts.
D. Operation: Temporary uses may be operated outdoors. No
temporary use shall be operated in such a manner as to cause a
public nuisance including, but not limited to, stormwater runoff
onto adjoining property, soil erosion, unsafe vehicular access or on
site vehicular circulation, or any other activity that jeopardizes the
public health, safety or welfare.
E. Permit Required: No temporary use shall be established or operate
before the person or entity seeking to operate the temporary use
has received a Temporary Use Permit therefor. Such permit shall
state the absolute start and end dates of the temporary use and the
days of operation between said dates. The owner or occupant of
the principal use of the zoning lot on which the temporary use is
proposed to be located, as well as the person seeking to operate the
temporary use, shall be required to complete the application for
any temporary use permit.
F. Other Codes And Ordinances: A temporary use shall comply with
all other codes and ordinances, except the provisions for the
required number of parking spaces. "Intermittent temporary uses"
[SR] and "intermittent temporary vehicle uses" [SR] are further
and distinctly defined within this section 19.90.015 and subject to
the supplemental regulations associated therewith.
USE, INTERMITTENT TEMPORARY VEHICLE: A "temporary use" [SR]
which is conducted by a non-for-profit corporation or association at which
services are provided entirely within an enclosed motor vehicle no more than one
(1) day per week, nor more than eight (8) hours during any day, and no more than
fifty-two (52) days on the same "zoning lot" [SR] within a calendar year. An
intermittent temporary vehicle use shall not be established to provide a mobile
home dwelling [SR] or a dwelling [SR] of any type. An intermittent temporary
vehicle use shall be limited to the providing of services only and shall not include
the sale of any merchandise, goods, supplies, equipment or materials. An
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intermittent temporary vehicle use is subject to the "temporary use" [SR]
supplementary regulations, except:
A. Such use shall only be located within a lawfully established off
street parking facility [SR] in a manner that does not interfere with
(i) ingress or egress to such off street parking facility or (ii) access
lanes within such off street parking facility unless use of such
access lanes is reasonably necessary to accommodate the requested
intermittent temporary vehicle use and where public safety
concerns are not materially compromised by the use of such access
lanes as depicted in a site plan approved by the city as part of a
temporary use permit; and
B. No intermittent temporary vehicle use shall be established or
operated on property located in a residence conservation zoning
district or a residence zoning district, except for properties with off
street parking facilities to serve a multi-unit residential building
with at least 150 dwelling units; and
C. The entire approved fixed period of time during which the
intermittent temporary vehicle use is established or operates during
a calendar year constitutes one single "temporary use" [SR] as
envisioned and limited by the supplementary regulations for
rikk "temporary use" [SR]; and
D. No more than one (1) intermittent temporary vehicle use is allowed
per"zoning lot" [SR] within a calendar year.
E. Any permit fees otherwise required for a "temporary use" [SR]
shall not be required for an intermittent temporary vehicle use so
long as proof of the not-for-profit status of the corporation or
association conducting the intermittent temporary vehicle use is
filed with the city."
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
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David J. K.fain, ayor
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Presented: February 26, 2014
rPassed: February 26, 2014
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: February 26, 2014
Published: February 27, 2014
Attest:
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Kimberly Dewis, City Clerk
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