ORDINANCE NO. 2021-01

AN ORDINANCE AMENDING THE HOME OCCUPATION PROVISIONS OF
THE VILLAGE ZONING REGULATIONS


WHEREAS, on September 4, 2018, the Village Board of Trustees of the Village of Colfax, Illinois, adopted Ordinance No. 2018-09, which approved certain amendments of the Village Zoning Ordinance regarding restrictions on home occupations in residential zoning districts;
WHEREAS, as a result of learning of procedural deficiencies in the passage of Ordinance No. 2018-09, on November 9, 2020, the Board of Trustees of the Village of Colfax, Illinois passed Ordinance No. 2020-14 rescinding Ordinance No. 2018-09 and directing that the Zoning Board of Appeals re-consider the amendments set forth in Ordinance No. 2018-09 pursuant to proper procedural requirements; and
WHEREAS, the Village’s Zoning Board of Appeals conducted a public hearing, as required by law, on December 22, 2020, in regard to proposed amendments to the Village’s Zoning Ordinance pertaining to home occupations in residential zoning districts; and

WHEREAS, the Village’s Zoning Board of Appeals has recommended approval of the proposed amendments to the Village’s Zoning Ordinance after holding the required public hearing and then considering the proposed amendments to the Village’s Zoning Ordinance as set forth herein; and

WHEREAS, the Village Board of Trustees hereby finds that it is in the best interests of the Village and its citizens to grant the said amendments to the Village Code;

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF COLFAX, MCLEAN COUNTY, ILLINOIS, THAT:
Section 1. The recitals set forth above, and all facts and statements contained therein, are found to be true and correct and are hereby incorporated and adopted as part of this Ordinance.

Section 2. Chapter 1, Section 1.47 shall be added to definitions of the current zoning ordinance and shall state the following:

Section 1.47 LIGHT HOME OCCUPATION. For purposes of this ordinance, a light home occupation is such that:

1) Only involves persons working on the premises or routinely operating from the premises that are permanent residents of the dwelling; and

2) Does not involve more persons regularly visiting the premises for business purposes, but instead primarily involves the operator visiting clients at their home or business; and

3) Is limited to only the following types of activities:

a) Office-type work such as writing, editing, drafting, tax preparation, computer programming and computer data entry;

b) Clerical work such as typing and addressing and sending mail;

c) Custom sewing and fabric craft;

d) Technology consulting such as web-development or creation of visuals arts; or

e) Sales and surveys over the phone.


Section 3. Chapter 1, Section 1.48 shall be added to definitions of the current zoning ordinance and shall state the following:

Section 1.48 GENERAL HOME OCCUPATION. For purposes of this ordinance, a general home occupation is such that:

1) Only involves persons working on the premises who are permanent residents of the dwelling plus a maximum of 1 non-resident working on the premises at any one point in time;

2) Does not meet the definition and standards of a “Light Home Occupation”; and

3) Does not include veterinarian office, kennel, funeral home, retail store, restaurant, mechanical auto repair or body work; spray painting of vehicles, trucking company terminal, welding, pesticide company, hotel or motel, manufacturing, or boarding house.

Section 4. Zoning Regulations, Chapter 4, Single Family Residential District Regulations Section 4.1, USES, is hereby deleted in its entirety and replaced with the following:

4.1. Uses:

A. USE-TYPES: Building and premises shall be used only for the following and other similar purposes: (1) Churches and Convents; (2) Dwellings, single family; (3) Fire Stations; (4) Growing crops for personal enjoyments; (5) Land filling with non-odorous and non-combustible materials; (6) Libraries and Museums; (7) Public Buildings and Parks; (8) Police Stations; (9) Light Home Occupations or other General Home Occupations with a permit as set forth in Chapter 13 of these regulations, but in no event will include uses that are clearly incidental and secondary to the principal residential use or uses specifically enumerated in Chapter 7 Business District Regulations unless otherwise allowable by approval of the Zoning Board; (10) Railroad trackage, but not roundhouses or repair shops; (11) School and Colleges and their campus and athletic fields; (12) Signs, not more than six square feet in area and pertaining only to the sale or lease of a building lot or premises, and Church Bulletins not exceeding ten square feet in an area; and (13) utility easements, but excluding power plants or substations.

B. Additional Restrictions on Home Occupations:

1. Only the following signage shall be permitted: one (1) non-illuminated sign with a maximum sign area of 1 square foot on each of two sides, with a maximum height of 8 feet, not to be located within the existing street right of way.

2. A total maximum of one (1) person may work on the premises who is not a permanent resident of the dwelling.

3. If the home occupations involve work occurring on a vehicle(s), such vehicle will not be parked on the lot or on abutting streets overnight.

4. Traffic – The use shall not routinely involve the arrival at the property for business purposes of more than 4 vehicles per day or the parking of more than (4) vehicles of non-residents at any one time.

5. The Zoning Board reserves the right at all times to determine if the home occupation is a significant burden to the surrounding neighborhood and may, as such, deny the operations of such home occupation regardless of its type.

C. Additional Restrictions on Light Home Occupations:

1. No sign will be allowed to identify the business.

2. Only persons who are permanent residents of the dwelling shall work at the premises.

Section 5. Zoning Regulations, Chapter 13, Permits, shall add a section 13.1(7) to add a requirement that general home occupations require a permit process and state the following:

13.1(7) Engaging in a General Home Occupation or other home occupation that the Enforcing Officer has determined substantially departs from the residential nature of the premises or has had one or more nuisance violations subject to Section 12.12 of the Village Code.

Section 6. Section 12.12 of the Village of Colfax General Code, Nuisance, shall be added and state the following:

Section 12.12 Limitations on Home Occupations in Residential Zoning Districts:

A. Machinery and Equipment: No machinery or equipment shall be permitted that produces noise, noxious odor, vibration, glare, electrical interference or radio or electromagnetic interference beyond the boundary of the property. Only general types and sizes of machinery that are typically found in dwellings for hobby or domestic purposes shall be permitted. No use shall generate noise or glare in excess of what is typical in a residential neighborhood. In addition, the home occupation shall comply with all other provisions of the Chapter. The Village may utilize all remedies contained in this section in addition to revoking the permit for the home occupation or enjoining the home occupation from continuing.

B. Signs: There shall be no use of show windows, business displays or other advertising visible from outside the premises unless such is allowed pursuant to the Zoning regulations. Unauthorized signage will be deemed a nuisance.

C. Building Appearance: The exterior of the building and the lot shall not be changed to decrease the residential appearance.

D. Hours of Operation: Home occupations shall not be conducted in a way that is perceptible in external effects from beyond the lot line between the hours of 9:00 p.m. and 7:00 a.m.

E. These provisions apply to both general and light home occupations in residential zoning districts.

Section 7. These provisions will be in full force and effect from and after its passage.




PASSED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF COLFAX, MCLEAN COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS 4TH DAY OF JANUARY, 2021.



APPROVED:


________________________________
Mayor

ATTEST:


________________________________
Village Clerk


AYES:________________________________________________________________
______________________________________________________________________
NAYS:________________________________________________________________
ABSENT:______________________________________________________________




PASSED by the Mayor and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 4th day of January, 2021.

APPROVED by the Mayor and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 4th day of January, 2021.





ORDINANCE NO. 2021-02

AN ORDINANCE AMENDING CHAPTER 7 OF THE ZONING ORDINANCE
OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX, McLEAN COUNTY, ILLINOIS REGARDING BUSINESS DISTRICT ZONING REGULATIONS AND RESTRICTIONS ON PROPERTY LOCATED IN THE BUSINESS DISTRICT AND ADJACENT TO PROPERTY IN THE RESIDENTIAL DISTRICT


WHEREAS, the Village of Colfax, Illinois, has enacted a Zoning Ordinance for establishing municipal zoning regulations for the purpose of improving and protecting the public health, safety, comfort, convenience, and general welfare of the people and its citizens; and

WHEREAS, the Village has proposed amendment to Chapter 7 of the Colfax Village Code to establish certain conditions and restrictions within the Business District for the purpose of setting forth certain conditions for the operation of businesses on property adjacent to or abutting a Residential District; and

WHEREAS, the Village has proposed amendment to clarify and update the Business District regulations; and

WHEREAS, the Village’s Zoning Board of Appeals conducted a public hearing, as required by law, on December 22, 2020, in regard to proposed amendments to the Village’s Zoning Ordinance pertaining to Business District regulations; and

WHEREAS, the Village’s Zoning Board of Appeals has recommended approval of the proposed amendments to the Village’s Zoning Ordinance after holding the required public hearing and then considering the proposed amendments to the Village’s Zoning Ordinance as set forth herein; and

WHEREAS, the Village Board of Trustees hereby finds that it is in the best interests of the Village and its citizens to grant the said amendments to the Village Code;

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF COLFAX, MCLEAN COUNTY, ILLINOIS, THAT:
Section 1. The recitals set forth above, and all facts and statements contained therein, are found to be true and correct and are hereby incorporated and adopted as part of this Ordinance.

Section 2. Chapter 7, Section 3 (Business District Regulations) of the Colfax Village Code is hereby deleted in its entirety.

Section 3. Chapter 7, Section 4 (Business District Regulations) of the Colfax Village Code is hereby amended to read as follows (additions are indicated by underline; deletions by strikeout):
7.4 REAR YARDS. Rear yard depth shall be a minimum of twenty (20) fifteen (15) feet.

Section 4. A new Section 5 is hereby added to Chapter 7 (Business District Regulations) of the Colfax Village Code as follows:

Where a lot within the Business District upon which a business is located and such lot abuts or adjoins any residential district, the following conditions shall apply to property located within the Business District:

• Machinery, equipment, supplies, products, and materials shall be stored inside an enclosed building at all times when not in use;
• Reasonable measures shall be taken to mitigate the effects of any noise generated from business operations to adjoining landowners;
• Business operations shall not be operated in a way that is perceptible in external effects from beyond the lot line between the hours of 9:00 p.m. and 7:00 a.m., except in cases of emergency, weather related necessity, or where a permit is obtained from the Enforcing Officer upon the approval of the Mayor, provided however that such permits shall only be granted for periodic, specified, and limited amounts of time as determined appropriate by the Enforcing Officer and Mayor for good cause shown;
• Signs advertising the business shall, where possible, only be placed on the opposite end of property from the abutting or adjoining residential property;
• Employee vehicles shall not be parked on abutting or adjoining streets located in residential districts; and
• Fencing or screening shall be erected along the lot lines between the premises and any abutting residential property, which is not separated by a roadway, alley, or driveway, so as to obstruct the view from abutting residential properties.


Section 5. If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance.

Section 6. This Ordinance shall be in full force and effect upon its passage and approval as required by law.

Section 7. This Ordinance is hereby ordered to be published in pamphlet form by the Colfax Village Clerk and said Clerk is ordered to keep at least three (3) copies hereof available for public inspection in the future and in accordance with the Illinois Municipal Code.

Section 8. This Ordinance is in addition to all other ordinances on the subject and shall be construed therewith excepting as to that part in direct conflict with any other ordinance, and in the event of such conflict, the provisions hereof shall govern.

Section 9. This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law.


PASSED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF COLFAX, MCLEAN COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS 4TH DAY OF JANUARY, 2021.

APPROVED:


________________________________
Mayor

ATTEST:


________________________________
Village Clerk


AYES:________________________________________________________________
______________________________________________________________________
NAYS:________________________________________________________________
ABSENT:______________________________________________________________