THE FOLLOWING ORDINANCES ARE ON THE AGENDA FOR REVIEW AND APPROVAL AT THE JANUARY 4, 2021 BOARD OF TRUSTEES MONTHLY MEETING.


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 not 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.

Section 8. Effective Date. That this Ordinance, due to urgency, shall be in full force and effect from and after its passage, approval, and publication in booklet form, as provided by laws of the State of Illinois.



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:______________________________________________________________





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 not to approve 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 has considered the matter and determined that the proposed amendments provide necessary updates to the Business District regulations to encourage business within the Village, while at the same time providing reasonable protections to residential property owners whose homes are located on property abutting business district zoned property; and

WHEREAS, the Village Board of Trustees has determined that the proposed amendments are reasonable and in the best interests of the Village and its citizens;

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.

Section 10. Effective Date. That this Ordinance, due to urgency, shall be in full force and effect from and after its passage, approval, and publication in booklet form, as provided by laws of the State of Illinois.


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

APPROVED:


________________________________
Mayor

ATTEST:


________________________________
Village Clerk


AYES:________________________________________________________________
______________________________________________________________________
NAYS:________________________________________________________________
ABSENT:______________________________________________________________



ORDINANCE NO. 2021-03

AN ORDINANCE CHANGING THE ZONING CLASSIFICATION
OF CERTAIN REAL PROPERTY OWNED BY DATON GETTY LOCATED AT 512 N. CENTER STREET IN THE VILLAGE OF COLFAX, MCLEAN COUNTY, ILLINOIS

WHEREAS, the real property described and depicted in the attached “Exhibit A”, (the "Property") located in the Village of Colfax, McLean County, Illinois, is currently classified under the Colfax Zoning Code as "Single Family Residential District"; and
WHEREAS, Daton Getty, owner of the Property, has proposed an amendment to the zoning map of the Village of Colfax for the purpose of changing the zoning classification of the Property to "Business District"; and
WHEREAS, at a hearing pursuant to duly published notice, the Colfax Zoning Board of Appeals after hearing testimony and considering the evidence and arguments presented, voted by a vote of 3-2, to recommend that the Village not approve the map amendment; and
WHEREAS, the Zoning Board of Appeals has forwarded its findings and recommendation in regard to the map amendment to the Village Board, in the Recommendation of the ZBA, attached hereto and incorporated by reference as “Exhibit B,” and
WHEREAS, the Village Board of Trustees has considered the matter and determined that the map amendment to rezone the property located at 512 N. Center Street, Colfax, Illinois from Single Family Residential District to Business District be approved, based upon the findings as set forth by the Zoning Board of Appeals, and on recognition of the following facts:
1. The Property directly abuts commercially zoned property, is on the border of the Village, and is located along a busy highway;
2. Promoting business within the Village of Colfax is necessary for the continued sustainability of the Village;
3. Business is more appropriately located on the border of the Village than in the middle of the Village;
4. Adjacent properties are used in a residential, commercial and agricultural manner;
5. The Village does not have a comprehensive land-use plan, nor is the area in which the Property is located of a uniform and compact zoning pattern; and
6. The proposed use of the Property by the Petitioner includes both a residential use and an occupational business use by the Petitioner.
WHEREAS, the Village Board of Trustees finds that the re-zoning of the Property to Business District is in the best interest of the Village and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF COLFAX, MCLEAN COUNTY, ILLINOIS, AS FOLLOWS:
Section 1. The foregoing recitals are hereby adopted and found to be correct.
Section 2. The zoning classification of the Property as described and depicted in "Exhibit A" attached hereto and incorporated herein by reference is hereby changed from “Single Family Residential District" to "Business District".
Section 3. Upon the effective date of this Ordinance, the change in zoning classification hereby adopted shall be marked on the official zoning map of the Village of Colfax.
Section 4. This Ordinance is hereby ordered to be published in pamphlet form by the Colfax Village Clerk who is ordered to keep at least three (3) copies hereof available for public inspection in the manner provided by law.
Section 5. 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 6. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required under Illinois Law.
Section 7. Effective Date. This Ordinance, due to urgency, shall be in full force and effect from and after its passage, approval, and publication in booklet form, as provided by laws of the State of Illinois.

PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF COLFAX, MCLEAN COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION BY AT LEAST A MAJORITY VOTE OF ALL THE MEMBERS OF THE BOARD OF TRUSTEES THIS 4TH DAY OF JANUARY, 2021.

AYES:________________________________________________________________
______________________________________________________________________
NAYS:________________________________________________________________
ABSENT:______________________________________________________________


APPROVED:
ATTEST: ___________________________
________ Mayor
Village Clerk
EXHIBIT A


Lot 1 in Block 2 of Henry W. Ellington’s First Addition to the Town of Colfax, in McLean County, Illinois.

PIN: 17-03-226-008
Common Address: 512 N. Center Street


EXHIBIT B
ZBA FINDINGS OF FACT

ZONING BOARD OF APPEALS—COLFAX, ILLINOIS
RECOMMENDATION TO BOARD OF TRUSTEES REGARDING
PETITION FOR REZONING

PETITIONER:

Daton Getty (Jay Reece / Atty)

PROPERTY ADDRESS:

Lot 1 in Block 2 of Henry W. Ellington’s First Addition to the Town of Colfax, in McLean County, Illinois.

PIN: 17-03-226-008

Common Address: 512 North Center Street, Colfax, Illinois


APPLICATION AND RELATED FILINGS:
1. The Petitioner filed a Request for Zoning Map Amendment on or about November 10, 2020 by Jay Reece, his attorney.
2. The subject property is legally described as indicated above and located at the corner of North Center Street and East 2000 North Road in Colfax, Illinois
3. The Petitioner seeks a zoning map amendment to amend the subject property from Single Family Residential District to Business District.
4. The Board has received the following in support or in opposition to the proposed rezoning:
a. Petition to Enforce Zoning Codes & Restrict Allowable Uses at 512 N. Center St, signed by various Colfax residents
b. Letter from resident opposing re-zoning
c. Application for Re-Zoning filed by Daton Getty
d. Argument in favor of re-zoning presented by Petitioner’s counsel
e. Argument against re-zoning presented by neighboring property owner’s counsel
f. Testimony of various residents
APPLICABLE LAW AND ORDINANCES:

5. The Application for Rezoning is controlled by 65 ILCS 5/11-13-14, which requires that the zoning regulations imposed and districts created under the authority of the Municipal Code may be amended from time to time by ordinance after the ordinance establishing them has gone into effect but not prior to a hearing before some commission or committee designated by the corporate authorities.
6. In the State of Illinois, when amending the official zoning map, the factors to be considered are:
a. Compatibility with the existing uses and zoning of nearby property (the degree to which the existing and proposed zoning districts are compatible with existing land uses and land use regulations in the immediate area);
b. The extent to which property values are diminished by the particular zoning restrictions (the difference in the value of the neighboring properties with the current zoning, compared to the value of the neighboring properties if the subject property is rezoned);
c. The extent to which the ordinance promotes the health, safety, morals or general welfare of the public (potential impact of the proposed rezoning to the public welfare);
d. The relative gain to the public as opposed to the hardship imposed upon any individual property owner (Does the rezoning provide gain to the public which offsets the hardships imposed on the property owner);
e. The suitability of the subject property for the zoned purposes (are there features of the property which favor the either the current or proposed zoning district);
f. The length of time the property has been vacant as zoned considering the context of land development in the area and in the vicinity of the subject property (was the property vacant for a significant period of time because of restrictions in that zoning district?);
g. The care with which a community has undertaken to plan its land use development; and
h. The evidence or lack of evidence of community need for the use proposed by the Petitioner.
La Salle National Bank v. County of Cook; Sinclair Pipeline Co v. Village of Richton Park


PUBLIC HEARING:
7. Notice of a Public Hearing was published in accordance with 65 ILCS 5/11-13-14 and the Colfax Village Code by publishing notice in a newspaper of general circulation within the Village, the Ridgeview Review, on December 3, 2020, which was not more than 30 days nor less than 15 days prior to the public hearing. Notice of the hearing was also sent by mail to nearby property owners and posted 48 hours in advance of the Hearing in accordance with the Open Meetings Act.
8. The Village of Colfax received Petitioner’s Application and referred to the Zoning Board of Appeals for hearing to be conducted on December 22, 2020, at Village Hall and via Zoom, where public comments were considered and the Petitioner and opponents being permitted the opportunity to present testimony, cross-examine witnesses, submit documents and make comments and arguments. Due to COVID-19, the Public Hearing was closed to in-person attendance by the Public. Public attendance was allowed via Zoom, with call-in and access information being published in the notice of the hearing and being mailed out to nearby property owners.
9. Having conducted said hearing and after indications from Petitioner, the opponents and other members of the public that all desired testimony, documents, comments and arguments had been submitted, the Zoning Board made the following findings and conclusions.
FINDINGS AND CONCLUSIONS:
10. Compatibility with the existing uses and zoning of nearby property (the degree to which the existing and proposed zoning districts are compatible with existing land uses and land use regulations in the immediate area);
With respect to existing uses and zoning of nearby property, the Board finds that nearby and adjacent property is zoned Single Family Residential District on two sides, Business District on one side, and adjacent property on the remaining side is located outside the corporate limits of the Village of Colfax, with such property used for agricultural purposes. A commercial insurance company operates on the adjacent property zoned for the Business District. The Property is on a large lot located along a highway.
11. The extent to which property values are diminished by the particular zoning restrictions (the difference in the value of the neighboring properties with the current zoning, compared to the value of the neighboring properties if the subject property is rezoned);
No appraisals or expert testimony were presented. The Board heard arguments from the Petitioner and opponents. The Board finds the property values may increase or decrease depending upon the look and use of the property once re-zoned.
12. The extent to which the ordinance promotes the health, safety, morals or general welfare of the public (potential impact of the proposed rezoning to the public welfare);
Bringing business into Colfax is desirable and a location on the edge of town would be a logical use of the property; there would be increased traffic and noise, which may negatively affect nearby residences.
13. The relative gain to the public as opposed to the hardship imposed upon any individual property owner (Does the rezoning provide gain to the public which offsets the hardships imposed on the property owner);
The Board finds that bringing business into Colfax is desirable, though it is hard to know what noise will arise from the property and how it might negatively affect nearby property owners.
14. The suitability of the subject property for the zoned purposes (are there features of the property which favor either the current or proposed zoning district);
The location of the property on the highway is suitable for a business (as opposed to being in the middle of town); the property is currently residential and has residential property on two sides.
15. The length of time the property has been vacant as zoned considering the context of land development in the area and in the vicinity of the subject property (was the property vacant for a significant period of time because of restrictions in that zoning district?);
The Board finds that while the property was vacant prior to the Petitioner’s purchase of the property, the property was not vacant because of zoning restrictions.
16. The care with which a community has undertaken to plan its land use development; and
The Board finds that the Village does not have a comprehensive land use plan, that there is flexibility within the zoning districts, and there are mixed uses throughout the Village.
17. The evidence or lack of evidence of community need for the use proposed by the Petitioner.
The Board finds that the Village needs more businesses, but this factor does not clearly outweigh the other factors.

RECOMMENDATION
18. The Village Zoning Board of Appeals has undertaken an extensive review of the land use in this instance and voted as follows regarding the proposed rezoning:
YES in favor of rezoning: ___2____ NO in favor of not rezoning: ___3 ____

19. Considering the above factors and all evidence, testimony, and argument presented, the Zoning Board of Appeals makes recommendation to the Village Board of the Village of Colfax that the proposed zoning map amendment not be made.

Brian Blair
Chairman, Zoning Board of Appeals